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Home My WebLink About92-0934 THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 By: Stephanie L. Hersperger, Esquire Identification No. 78735 305 North Front Street P. O. Box 999 Harrisburg, P A 171 08-0999 (717) 255-7637 Attorney for Defendants Ivan E. Beachy, M.D. and Stanley C. Beachy, M.D. AMY HARRY, Individually and as parent of JAMIE HARRY, a minor child Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO, 934-1992 v, : CNIL ACTION - LAW IV AN E, BEACHY, M,D" STANLEY C. BEACHY, M.D" and BEACHY ASSOCIATES Defendants JURY TRIAL DEMANDED Defendants, Ivan E, Beachy, M,D" Stanley C. Beachy, M,D, and Beachy Associates, move this Honorable Court to Strike Plaintiffs' Praecipe for Listing this case for the September 19,2005, Civil Trial Tenn, and in support of same, aver as follows: 1, This is an extremely complicated medical malpractice case which has been in litigation since approximately 1992, 2, On Monday, July 18, 2005, trial of this matter started and was completed after two (2) weeks on Friday, July 29, 2005; the instant case had been specially listed for trial due to the anticipated length of same, 3, Judge Oler presided over trial of this matter. 4, The result of the two week trial was a mistrial due to a hung jury, 5, Plaintiffs recently filed a Praecipe to List this case to be re-tried during the September 19, 2005, Civil Trial Term, 6, Defendants object to Plaintiffs' listing of the instant matter for re-trial for the September 19,2005, Civil Trial Term and request that this Honorable Court strike Plaintiffs' Praecipe Listing the Case for Trial. 7, Plaintiffs filed their Praecipe Listing the Case for Trial during the September 19, 2005, Civil Trial Term without first conferring with Counsel for Defendants to determine whether there were any conflicts that would prevent said case from proceeding to trial in September of 2005, 8, There are at least two conflicts that prohibit this case from being re-tried during the September 19,2005, Civil Trial Term, 9, Defendant, Dr, Stanley Beachy, is already scheduled to begin trial on September 19,2005, in the Court of Common Pleas in Cumberland County in the case of Solder v, Beachy, 10, It obviously would be extremely difficult, if not impossible, for Dr. Stanley Beachy to prepare for and attend trial in this matter and in the case of Solder v, Beachy, which case was previously listed, 11, Moreover, Counsel for Defendants, Peter J, Curry, is already attached for trial in the Court of Common Pleas of Lehigh County beginning September 26, 2005, in the case of Stryker v, Theman; this is a case that was specially listed, 12, Since a re-trial of this case would in all likelihood take in excess of one week, it would be extremely difficult for Counsel for Defendants, Peter J, Curry, to try both the instant matter starting on September 19, 2005, and try the case of Stryker v, Theman starting on September 26, 2005, 2 13, It also would be extremely difficult and unfair for Counsel for Defendants, Peter J, Curry, to attempt to prepare for both of these medical malpractice cases at the same time, especiaJly in light of the complexities of this case and the short notice given by Plaintiffs in listing this case for trial. 14, It also would be unreasonable and an undue burden for Defendant, Dr. Ivan Beachy, to attend trial in this matter for the September 2005 Trial Term since he resides in Colorado and already spent over two (2) weeks in Pennsylvania for the first trial ofthis matter in July of 2005, Dr. Ivan Beachy should be given reasonable notice in order that he can make arrangements to be away from his home for an extended period of time, 15, Likewise, it would be unreasonable and an undue burden for Defendant, Dr, Stanley Beachy, who is a sole practitioner, and who has already spent two (2) weeks out of his office for trial of this matter in July of 2005, In addition it would further inconvenience his patients, Dr, Stanley Beachy should be given reasonable notice so that he can make appropriate and timely arrangements for care for his patients, 16, Lastly, numerous experts are involved in this case, Defendants presented at trial four (4) experts, specificaJly three (3) medical doctors and one (1) neuropsychologist, aJl of whom have busy practices and other commitments, 17, Requiring Defendants' experts to appear for trial in September of 2005, on such short notice, is an undue and unfair burden for these medical doctors and the neuropsychologist (assuming that they can even reschedule matters to attend trial at that time which there is a good chance may not be possible to do due to prior commitments), 18, Also of note is that this case probably will again have to be speciaJly listed for trial due to its anticipated complexity and length of trial. 3 19, Defendants have sought concurrence of Plaintiffs as to the instant motion but as of filing this motion, Plaintiffs have not agreed to withdraw the Praecipe to List this Case for Trial, 20, For all of the reasons stated herein, Defendants respectfully request that this Honorable Court strike Plaintiffs' Praecipe for Listing of this Case for the September 19, 2005, Civil Trial Term, WHEREFORE, Defendants, Ivan E. Beachy, M,D., Stanley C, Beachy, M,D, and Beachy Associates, respectfully request that this Honorable Court grant this Motion to Strike Praecipe for Listing Case for Trial, and enter an Order in the form proposed, Respectfully submitted, THOMAS, THOMAS & HAFER, LLP DATE: August 8, 2005 ~ Sl, ?,fLc~('""n~ Peter], urry, Esquire 7 LD, No, 16622 Stephanie 1. Hersperger, Esquire LD, No, 78735 305 North Front Street P,O, Box 999 Harrisburg, P A 17108 (717) 255-7239 Attorneys for Defendants 4 CERTIFICATE OF SERVICE - I hereby certify that a true and correct copy of the MOTION OF DEFENDANTS, IVAN E, BEACHY, M,D" STANLEY C, BEACHY, MD, AND BEACHY ASSOCIATES, TO STRIKE PLAINTIFFS' PRAECIPE FOR LISTING CASE FOR TRIAL was served via United States First Class Mail, on August 8, 2005, on all counsel ofrecord as follows: Leslie Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street, p, 0, Box 222 Lemoyne, PA 17043 Counsel for Plaintiff Martin Trpis, Esquire ASHCRAFT & GEREL, LLP Suite 1002, One Central Plaza 11300 Rockville Pike Rockville, Maryland 20852 Co-counsel for Plaintiff THOMAS, THOMAS & HAFER, LLP A~ 2-fr~.#lo-- Stepha ie L. Hersperger / 5 o ~-~ ~- ",;';' !T't' -"?' ::::. ,~-_. " , (,~l ;::~ (:: ~~ ~ ..., =, c.:::::> ~, ".. c: C) ~ :t:n ~1~ ~=i1 Qo or" --I ~ :~ Cl -n :J: ~ -J 14 Amy T, Harry, Individually and as Parent and Naturanl Guradian of Jamie Harry, a minor child : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, Ivan E, Beachy, MD, Stanley C. Beachy, MD and Beachy Associates : NO, 92-934 CIVIL TERM ORDER OF COURT AND NOW, August 24, 2005, by agreement of counsd, the above captioned case is stricken from the September 19, 2005 trial term, Counsel is directed to relist the case when ready. By the Court, Leslie M, Fields Martin Trpis, Esquire For the Plaintiff Peter J, Curry, Esquire For the Defendant - ~,~ ,- 'i - J. 'i_OJ ~ Court Administrator jhk '/ ;[\]\//\1A,':):"\ 1'< .:-:d "t"VY "'II'V\ I\.J.. \i r..' t >,~ h.) 1'1 :6 fl',j 92 ~nv sooz Ad\llO;~Olll.Oo::l 3Hl .::lO 3:)1~~o-o:mj AMY T. HARRY, Individually and as Parent and Natural Guardian of Jamie Harry, A minor child, Plaintiff v IVAN E. BEACHY, M.D" STANLEY C. BEACHY, M.D., and BEACHY ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 92-934 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 11th day of October, 2005, upon consideration of the call of the trial list with respect to the case of Harry versus Beachy at No. 1992-934 Civil Term, and neither counsel having appeared at the call of the trial list to list. call the case for trial, the case is stricken from the trial ~rtin Trpis, Esquire Ashcraft & Gerrel, LLP Suite 1002 One Central Plaza 11300 Rockville Pike Rockville, MD 20852 For Plaintiff ~slie M. Fields, Esquire 831 Market Street P,O. Box 222 Lemoyne, PA 17043 For Plaintiff Court Administrator By the Court, ~ter J. Curry, 305 North Front P.O. Box 999 Harrisburg, PA 17108 For Defendants :mae ;17.11 'I\i __,) >>1 F;;~ Cl I ~~t) Cnp? -'" _,., _,J,,,,,, .\If/LC:>iC;: :::+li :10 'j~~L:,L)O-Cl:rn:! Costopoulos, Foster & Fields By: Leslie M. Fields, Esquire 1.0. No.: 29411 831 Market Street/P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 Attorney for Plaintiffs AMY HARRY, Individually and Parent and Natural Guardian of JAMIE HARRY, a minor child, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 934 CIVIL 1992 CIVIL ACTION - LAW IVAN E. BEACHY, M.D., STANLEY C. BEACHY, M.D. and BEACHY ASSOCIATES Defendants : JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled and discontinued. COSTO OULOS, FOSTER & FIELDS / I By: Leslie M. Fields, Esquire Attorney I.D. No. 29411 831 Market Street P.O. Box 222 Lemoyne, PA 17043-0222 Phone: (717) 761-2121 -Attorney for Plaintiffs Date: March 20, 2007 .. CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 20th day of March, 2007, a true and correct copy of the foregoing Praecipe to Settle, Discontinue and End was served upon all counsel of record by: _ Hand Delivery -L First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Peter J. Curry, Esquire, Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 201 Bethlehem, PA 18017 ULOS, FOSTER & FIELDS Lesli uire (") c -, ?;\; \.1 (,o..J f~lLr.: ~~?r'. "n )' ~~(-> 1\3, z :~ ,..", = = ~ ~ ~:n -o~ :0, 0.... :::l~ :3...-n ~~ ~ ~ :::w: :;p.. ::::0 N -0 :x N .. .t:"" N