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HomeMy WebLinkAbout06-0090IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. q0 2006 Ci: I CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY CLAIM SHARON L. STROCK, Individually and RICHARD A. de RAMON, M.D. as Administratrix of the ESTATE OF 2025 Technology Parkway, Suite 303 BRADFORD K. STROCK, JR. Mechanicsburg, PA. 17050 121 West Main Street Shiremanstown, PA 17011 De RAMON PLASTIC SURGERY INSTITUTE, P.C. 2025 Technology Parkway, Suite 303 Mechanicsburg, PA 17050 JURY TRIAL DEMANDED versus Plaintiff & Address Defendants & Addresses PRAECIPE FOR A WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) Attorney and (X) Sheriff ( ) Defendant (Attorney Signature) . Michael J. Navitsky, Esquire I.D. No. 58803 Duane S. Barrick, Esquire I.D. No. 77400 Navitsky, Olson & Wisneski LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 (717) 541-9205 ?b l Dated: January 4, 2006 ?, ?, ?. ca -?? - ?-- = _' =,_-, .._ ,, _,_ ,; `? CT. .. ,. , ?,?I,? lU ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 90 ? , 2006 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY CLAIM SHARON L. STROCK, Individually and RICHARD A, de RAMON, M.D. as Administratrix of the ESTATE OF 2025 Technology Parkway, Suite 3 BRADFORD K. STROCK, JR. Mechanicsburg, PA 17050 y 121 West Main Street Shiremanstown, PA 17011 De RAMON PLASTIC SURGERY INSTITUTE, P.C. 2025 Technology Parkway, Suite 303 Mechanicsburg, PA 17050 JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prod onotary Dated: v rNu.J !?(l p by _ J Deputy f?, L,T? a1 • • 'Jr r I ? ? _ U? ? _ I V SHERIFF'S RETURN - REGULAR CASE NO: 2006-00090 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STROCK SHARON L ET AL VS DE RAMON RICHARD A MD SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DE RAMON RICHARD A MD the DEFENDANT , at 1307:00 HOURS, on the 9th day of January , 2006 at 2025 TECHNOLOGY PARKWAY SUITE 303 MECHANICSBURG, PA 17055 by handing to CAROL DERAMON. WIFE. OFFICE MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.44 Postage .39 Surcharge 10.00 .00 39.83 Sworn and Subscribed to before me this 75 day of 1ooG A.D. Prot ono'- terry -?T So Answers: R. Thomas Kline 01/10/2006 NAVITSKY OLSON WISNESKI By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2006-00090 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STROCK SHARON L ET AL VS DE RAMON RICHARD A SHANW HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DE RAMON PLASTIC SURGERY INSTITUTE PC the DEFENDANT at 1307:00 HOURS, on the 9th day of January , 2006 at 2025 TECHNOLOGY PARKWAY SUITE 303 CSBURG, PA 17055 by handing to CAROL DERAMON, OFFICE MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this deb day of o7 G`L? A.D. i .. h_.?u ?? ?[P._ Ate, (Prothonotary -?' So Answers: Y R. Thomas Kline 01/10/2006 NAVITSKY OLSON WIIISNEES?KI By: puty S eriff THOMAS, THOMAS 8 HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendant SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff V. RICHARD A. deRAMON, M.D. and deRAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA acrx, 90 NO. 99-2606- MEDICAL MALPRACTICE JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT TO: Plaintiff and Counsel You are hereby ruled to file a Complaint against Defendants within twenty (20) days of service of this Rule or a judgment of non pros will be entered against Plaintiff pursuant to Pa.R.C.P. 1037(a). DATE: `b 112oU(" ro onotary 405781-I THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendant SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. deRAMON, M.D. and deRAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). DATE THOMAS, THOMAS & HAFER, LLP B (-,AX' /n Sarah W. Arosell, Esquire I.D.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendant Richard A. Vivo C deRamon, M.D. 405781-I CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the J1 day of dawiv , 2006: Duane S. Barrick, Esquire NAVITSKY, OLSON & WISNESKI, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP a By:CLI 0-?a Gtu?oLl Sarah W. Arosell, Esquire 405781-1 _. n rvi T.1-= CJ ( j CIO SHARON L. STROCK, Individually and as Administratrix of the ESTATE OF BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 06-090 Civil V. RICHARD A. de RAMON, M.D., and De RAMON PLASTIC SURGERY INSTITUTE, P.C. Defendants CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SHARON L. STROCK, Individually and as Administratrix of the ESTATE OF BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 06-090 Civil V. RICHARD A. de RAMON, M.D., and De RAMON PLASTIC SURGERY INSTITUTE, P.C. Defendants CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o per abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n per cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados per el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SHARON L. STROCK, Individually and as Administratrix of the ESTATE OF BRADFORD K. STROCK, JR., Plaintiff V. RICHARD A. de RAMON, M.D., and De RAMON PLASTIC SURGERY INSTITUTE, P.C. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA 75 e rya ...-. NO. 06-090 Civil CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Sharon L. Strock, widow of Bradford K. Strock, Jr., deceased, is an adult individual who resides in Shiremanstown, Cumberland County, Pennsylvania. 2. Plaintiff, Sharon L. Strock, is the Administratrix of the Estate of Bradford K. Strock, Jr., deceased, by virtue of Letters of Administration that were duly granted to her by the Register of Wills of Cumberland County, Pennsylvania. 3. Defendant, Richard A. deRamon, M.D. (hereinafter Defendant deRamon), is currently, and was at all relevant times to this Complaint, a licensed professional, who practices medicine with offices in Cumberland County, Pennsylvania. 4. At the time of the occurrence, Defendant Richard A. deRamon, M.D., held himself out to the public as a specialist in plastic surgery. 5. Plaintiff is asserting a professional liability claim against Defendant deRamon. 6. At the time of the occurrence, Defendant a deRamon was a principal, officer, agent, apparent agent, servant and/or employee of Defendant De Ramon Plastic Surgery Institute, P.C., or in the alternative, was a practitioner utilizing the facility of said Defendant De Ramon Plastic Surgery Institute, P.C. 7. Defendant De Ramon Plastic Surgery Institute, P.C. (hereinafter Defendant Institute), is a corporation duly organized and registered in Pennsylvania, which is engaged in the business of providing health care services to the public, maintaining its place of business and medical facilities in Cumberland County, Pennsylvania. S. Plaintiff is asserting a professional liability claim against this Defendant by virtue of the actions and/or inactions of Defendant deRamon and/or all other health care providers at Defendant Institute who were acting a principal, officer, agent, apparent agent, servant and/or employee of Defendant Institute. 9. At all relevant times herein, Defendant deRamon was acting as a principal, officer, agent, apparent agent, servant and/or employee of Defendant Institute and was furthering its economic and financial interests. 10. At all relevant times herein, all other health care providers at Defendant Institute who were involved with the care of Bradford K. Strock, Jr., were acting as a principal, officer, agent, apparent agent, servant and/or employee of Defendant Institute and were furthering its economic and financial interests. 11. Defendant Institute is vicariously liable for the conduct and omissions of Defendant deRamon and all other health care providers who were involved with the care of Bradford K. Strock, Jr., at Defendant Institute. 12. At all relevant times of this Complaint, Bradford K. Strock, Jr., (hereinafter referred to as Mr. Strock) had a medical history of having a kidney transplant for renal disease at the approximate age of 20 years old (1969). 13. Additionally, at the relevant times of the medical care at issue in this Complaint, Mr. Strock was on the medications Imuran and Prednisone. 14. Imuran and Prednisone tend to make a patient, such as Mr. Strock, immunosuppressed. 15. On November 13, 2003, Mr. Strock presented to the office of his primary care practitioner, Dr. David A. Long., for evaluation of skin lesions. 16. Due to the appearance of one of the skin lesions, Dr. Long "gave him antibiotics, 500 mg PO b.i.d. to ensure that he doesn't get any infection." 17. This antibiotic prescription is confirmed by Mr. Strock's Customer History Report from Rite-Aid Pharmacy. I S. According to Rite-Aid records, Mr. Strock was dispensed a 7 day supply of the antibiotic Cephalexin 500 mg on 11/13/03, pursuant to an order from David A. Long. 19. At the conclusion of the 11/13/03 office visit with Dr. Long, Mr. Strock was referred to Defendant deRamon for evaluation and removal of the lesions. 20. A copy of Dr. Long's 11/13/03 dictated office note was forwarded to Defendant deRamon and Defendant Institute, and is part of Defendants' record on Mr. Strock. 2 L Moreover, Dr. Long sent a typed letter to Defendant deRamon at Defendant Institute, dated November 13, 2003, in which, he detailed his referral of Mr. Strock. 22. Dr. Long's letter to Defendant deRamon contains the following language, "Essentially, Brad's major problem is that he is a long term renal transplant patient; he had a renal transplant back in 1969, and of course he is on immunosuppressants for that including Prednisone and Imuran." 23. This letter is part of Defendants' record on Mr. Strock. 24. In response to this referral, an appointment was scheduled for Mr. Strock for November 24, 2003, with Defendant deRamon at the Defendant Institute. 25. Upon examination of Mr. Strock on 11(24/03, Defendant deRamon noted four lesions (pre-sternal, left shoulder, left forearm and left hypothenar eminence). Defendant deRamon diagnosed Mr. Strock with several suspicious lesions and recommended excisional biopsy of the above four lesions. 26. Defendant deRamon performed biopsies of the lesions at the November 24, 2003, office visit at Defendant Institute. 27. On the Office Procedure Note for these excisions, Defendant deRamon recorded, " Immunosuppressed S/P renal transplant, P.O. Cefazolin." Defendant deRamon also provided Mr. Strock with a dressing of antibiotic ointment and a band-aid at the biopsy sites. 28. This antibiotic prescription is confirmed by Mr. Strock's Customer History Report from Rite-Aid Pharmacy. 29. According to Rite-Aid records, Mr. Strock was dispensed a 7 day supply of the antibiotic Cefadroxil 500 mg on 11(24103, pursuant to an order from Richard deRamon. 30. Pursuant to a letter dated December 2, 2003, from Defendant deRamon to the referral physician, Dr. Long, the pre-sternal and left hand lesions on Mr. Strock were excised and found to be invasive squamous cell carcinoma. Whereas, the lesion on Mr. Strock's left shoulder and left arm were both found to be verrucas. 31. Mr. Strock was scheduled for outpatient surgery for the two squamous cell carcinoma (SCCA) areas on December 5, 2003, at Community General Osteopathic Hospital (CGOH). 32. On December 5, 2003 at CGOH, Defendant deRamon performed a wide local excision of the squamous cell carcinoma of Mr. Strock's left hand; final excision was 3x3cm with a split-thickness skin graff reconstruction; re-excision of squamous cell carcinoma in situ of pre-sternal scar, 3cros with complex closure. 33. Prior to this surgery, on 12/3/03, as evidenced by Rite-Aid records, Defendant deRamon prescribed Mr. Strock the antibiotic Cefadroxi1500 mg for 5 days and the pain medication Hydrocodone/APAP 5/500 for 5 days. 34. These prescriptions are evidenced in Defendants' records in a December 8, 2003, note by a nurse in Defendants's office, wherein it is recorded "Patient taking pain med and antibiotics. No problems with meds." 35. At Mr. Strock's next visit with Defendants on December 15, 2003, which was on post- operative Day 10, Defendant deRamon noted that Mr. Strock was "healing well." 36. Additionally, on December 29, 2003, Defendant deRamon recorded that Mr. Strock's pre-sternal and left arm lesion sites were well healed. 37. At the conclusion of this December 29, 2003 visit with Defendant deRamon, it was recommended to Mr. Strock to resume work and to return PRN. 38. Eleven (11) days later, on January 9, 2004, Mr. Strock presented to Defendants' office. 39. This was not a scheduled appointment. 40. Mr. Strock was no longer on antibiotics 41. Mr. Strock came in because of new complaints. 42. The 1/9/04 note by Defendant deRamon reflects that Mr. Strock had symptoms for about a week. 43. Defendant deRamon recorded a history of truncal lesions (approximately 20). 44. Defendant deRamon's note records "got red, inflamed, purulent and drained." 45. Defendant deRamon was concerned enough about the drainage that he collected and sent a wound culture of the purulent drainage. 46. Defendant deRamon's note further recorded "started on left lateral chest wall/abdominal wall, then right lower lateral abdomen, then central lower abdomen, then chest and now shoulder." 47. Defendant deRamon recorded that Mr. Strock's right shoulder top has largest area of erythema and swelling, approximately 20 cm. Patch most at center along keratoses or verruca. 48. Defendant deRamon recommended an excisional biopsy of the area. 49. According to Defendant deRamon's note, an excisional biopsy of Mr. Strock's 1.1 cm left lower lateral abdominal wall lesion was performed, along with a punch biopsy of Mr. Strock's left deltoid (shoulder) area. 50. Post-operatively, Defendant deRamon merely dressed Mr. Strock's biopsy sites with antibiotic ointment and a band-aid. 51. No further diagnostic tests of Mr. Strock's condition were performed.. 52. No further physical examination of Mr. Strock was performed. 53. Mr. Strock's temperature was not taken 54. Mr. Strock's vital signs were not obtained. 55. Defendant deRamon obtained no further history. 56. No oral antibiotics were prescribed for Mr. Strock. 57. No referral to an infectious disease physician was ordered for Mr. Strock. 58. No bloodwork was ordered for Mr. Strock. 59. Mr. Strock was merely told by Defendant deRamon to return in ten days to two weeks. 60. The wound culture obtained by Defendant deRamon on January 9, 2004, grew many beta hemolytic streptococci group A. 61. The gram stain from the wound culture showed more than 25 white cells per low power field and mini gram-positive cocci in pairs and chains. 62. Additionally, the pathology of the skin biopsies performed on January 9, 2004 by Defendant deRamon, showed ulceration with acute inflammation and special stains showed a few scattered gram-positive cocci in the biopsy surface. 63. According to the pathology report, differential diagnosis included sepsis. 64. Following the biopsies on January 9, 2004, Mr. Strock returned to work and then became increasingly symptomatic that evening. 65. Mr. Strock complained of "being sore all over" having chills, nausea and weakness. He had one episode of vomiting. 66. The day after his visit with Defendant deRamon, Mr. Strock awoke on the morning of January 10, 2004, with complaints of weakness, soreness, nausea and feeling hot. These symptoms continued and his weakness increased significantly. 67. So much so, that in the afternoon of January 10, 2004, Mr. Strock walked into his bathroom and fell. 68. Emergency medical services were called and they were advised that Mr. Strock "had trouble breathing." 69. Upon arrival of emergency personnel, Mr. Strock's respirations were found to be about 36 per minute. Mr. Struck could only converse in four word sentences. He was noted to be profoundly weak. 70. Additionally, the EMTs assessed Mr. Strock as nearly lethargic. His respirations were mild to moderately labored. He was described as flush throughout, cool and dry. His extremities had weak intermittent pulses. Mr. Strock was noted to be so profoundly weak that he was unable to hold himself up in any sitting position. 71. West Shore EMS transported Mr. Strock to Harrisburg Hospital, where he arrived at approximately 2:43p.m. on the afternoon of January 10, 2004. 72. In the Emergency Room, Mr. Strock was hypotensive and toxic appearing and unable to provide any history. His blood pressure was noted to be 81/31 with rapid pulse and respirations. His temperature was actually 35° Celsius. 73. He was noted to have "multiple infected lesions on his trunk." 74. Mr. Strock was noted to have a "bright red" chest. 75. Dr. John Goldman, an infectious disease physician was consulted. 76. Mr. Strock's history was reviewed, and he was described as being in obvious distress with total body erythema. 77. Mr. Strock's skin biopsy sites with their surrounding erythema was described in the records, as well as the presence of diffuse erythematous rash. The impression was probable streptococcal toxic shock syndrome. 78. Broad-spectrum antibiotics including Vancomycin, Cefepime and Clindamycin were prescribed. 79. Additionally, intravenous immune globulin infusions were ordered. 80. Mr. Strock subsequently underwent a prolonged, complicated hospital course due to the toxic shock syndrome, which culminated with his death on January 27, 2004. 81. Mr. Strock was fifty four (54) years old. 82. Mr. Strock leaves a wife and two (2) children. 83. Antibiotics are indicated, and should be initiated in a timely fashion for immunosuppressed patients, such as Mr. Strock, when there is a suspicion of infection. 84. Mr. Strock developed streptococcal toxic shock syndrome related to a skin infection. 85. Biopsy by Defendant deRamon of the infected lesions more likely than not created an environment for multiplication and invasion. 86. Mr. Strock succumbed to complications that would be likely in an immunosuppressed patient in a critical care setting after suffering toxic shock. 87. Mr. Strock, more likely than not, would not have suffered these complications if Defendant deRamon had prescribed oral antibiotics on January 9, 2004. 88. Had oral antibiotics been appropriately begun on January 9, 2004, by Defendant deRamon, progression to toxic shock syndrome would have been prevented. 89. A cephalosporin oral antibiotic such as the one previously prescribed by Defendant deRamon (Cefadroxil), for indications less significant than erythema and a purulent draining lesion as Mr. Strock had on January 9, 2004, would have inhibited multiplication of the organism and subsequent production of the various toxins, which resulted in the toxic shock syndrome and Mr. Strock's untimely death. 90. Based on Defendant deRamon's notes of January 9, 2004, there was clearly evidence of inflammation suggestive of cellulitis along with lesions draining purulent material. 91. Defendant deRamon was negligent in his evaluation of immunocompromised Mr. Strock since there was no notation of vital signs, no history noted of any associated symptoms, and no description of the general appearance of Mr. Strock. 91 It was a deviation in the standard of medical care for Defendant deRamon to fail to prescribe an oral antibiotic for Mr. Strock on January 9, 2004. 93. Particularly, when Defendant deRamon was concerned enough to obtain a culture of Mr. Strock's purulent drainage. 94. Defendant deRamon's application of antibiotic ointment in light of Mr. Strock's history of immunosuppression and signs of an active cutaneous infectious process was not sufficient medical treatment. 95. Oral antibiotics were clearly indicated in response to Mr. Strock's skin condition, and immunosuppressed history. 96. The biopsy and culture obtained by Defendant deRamon on January 9, 2004, clearly confirmed the inflammatory and infectious nature of the process. 97. Obviously, though the diagnosis should have been made solely on clinical grounds by Defendant deRamon at the time of Mr. Strock's unscheduled visit on January 9, 2004 to Defendants. 98. The fact that Mr. Strock was immunosuppressed with Prednisone and Imuran should certainly have had an impact on Defendant deRamon's medical decision making at the relevant times noted above. 99. Prednisone would certainly increase the risk of infection in a patient, such as Mr. Strock, and simultaneously could diminish the manifestations of the inflammatory response as well. 100. Therefore, the external appearance of Mr. Strock's skin should have been considered indicative of an even more significant process with the knowledge that steroids were on board. 101. As a direct and proximate result of the negligence of Defendant Richard A. deRamon, M.D. and De Ramon Plastic Surgery Institute, P.C., Mr. Strock's infection went undiagnosed and untreated, resulting in his untimely and unnecessary death. 102. The substandard care of Defendant Richard A. deRamon, M.D. and the De Ramon Plastic Surgery Institute, P.C., acting through their principals, officers, agents, apparent agents, servants, and/or employees increased the risk of harm, injury and death to Bradford K. Strock, Jr. 103. As a direct and proximate result of the conduct set forth above, Mr. Strock was the victim of a long period of pain and suffering. 104. As a direct and proximate result of the conduct set forth above, Mr. Strock died. 105. As a direct and proximate result of the conduct set forth above, Plaintiff as well as the Decedent's children have suffered financial loss and have incurred general expenses and bills. 106. As a direct and proximate result of the conduct set forth above, Plaintiff experienced extreme pain and suffering, and large expenditures for medical bills. 107. As a direct and proximate result of the conduct set forth above, Plaintiff has lost the right to future maintenance and support. 108. As a direct and proximate result of the conduct set forth above, Plaintiff and Decedent's children have lost the ability to maintain or sustain a family relationship. 109. As a direct and proximate result of the conduct set forth above, Plaintiff and Decedent's children have lost wages and future wages. 110. Defendants Richard A. deRamon, M.D. and the De Ramon Plastic Surgery Institute, P.C. are jointly and severally liable for the injuries, damages and death as set forth herein. 111. Plaintiff, Sharon L. Strock, as the Administratrix of the Estate of Bradford K. Strock, Jr., deceased brings this action on behalf of the Estate of Bradford K. Strock, Jr. under and by virtue of 42 Pa. C.S.A. §8302 (Survival Act). 112. Plaintiff, Sharon L. Strock, as Administratrix of the Estate of Bradford K. Strock, Jr., deceased claims the damages suffered by the Estate by reason of the death of Bradford K. Strock, Jr., for the pain and suffering decedent Mr. Strock experienced prior to his death, for the loss of earnings and earning power of Mr. Strock's life expectancy, and for all such damages properly recoverable under 42 Pa. C.S.A. §8302. 113. Plaintiff, Sharon L. Strock, as Administratrix of the Estate of Bradford K. Strock, Jr., deceased, brings this action for the wrongful death of Bradford K. Strock, Jr. on behalf of all persons entitled to recover damages, therefore, under and by virtue of 42 Pa. C.S.A. §8301 (Wrongful Death Act). 114. Decedent, Bradford K. Strock, Jr., did not bring an action for his injuries during his lifetime. 115. At the time of his death, Bradford K. Strock, Jr., was fifty-four years of age and worked fulltime as a machine operator at Kellogg's. 116. As a result of the death of Bradford K. Strock, Jr., deceased, Plaintiff has incurred hospital, medical, funeral, burial, and related expenses, as well as expenses for the administration of the decedent's Estate, all for which claim is made therefor. 117. Plaintiff, Sharon L. Strock, as the Administratrix of the Estate of Bradford K. Strock, Jr., deceased, hereby makes a claim for all such damages to which she and the decedent's beneficiaries are entitled under and by virtue of the Wrongful Death Act, 42 Pa. C.S.A. §8301. COUNTI Sharon L. Strock Individually and as Administratrix of the Estate of Bradford K. Strock, Jr. Y. Richard A. deRamon. M.D. 118. The previous paragraphs are incorporated herein by reference as if set forth at length. 119. At all relevant times herein, Defendant deRamon was acting as a principal, officer, agent, apparent agent, servant and/or employee of Defendant Institute. 120. Defendant deRamon is liable to the Plaintiff for all injuries and damages alleged herein which were directly and proximately caused by his negligence on January 9, 2004. 121. At all relevant times herein, all other health care providers who were involved with the care of Bradford K. Strock, Jr., at the De Ramon Plastic Surgery Institute, P.C. were acting as principals, officers, agents, apparent agents, servants and/or employees of Defendant deRamon and he is vicariously liable for their actions or omissions. 122. At all relevant times herein, all physicians, physician assistants, nurse practitioners, nurses and ancillary personnel involved in the care and treatment of Mr. Strock at Defendant Institute were acting as principals, officers, agents, apparent agents, servants, and/or employees of Defendant deRamon and he is vicariously liable for their actions or omissions. 123. Defendant deRamon failed to provide reasonable health care under the circumstances as follows: a. Misdiagnosing Mr. Strock's medical condition; b. Not taking or recording any temperature on Mr. Strock; c. Not taking or recording any vital signs on Mr. Strock; d. Not taking or recording any history of any associated symptoms on Mr. Struck; e. Not describing the general appearance of Mr. Strock; f. Failing to timely diagnose and treat Mr. Strock's skin infection; g. Failing to prescribe an oral antibiotic for Mr. Strock; h. Failing to diagnose Mr. Strock's infection based on clinical grounds; i. Failing to appreciate the significance of Mr. Strock's history of immunosuppression; j. Failing to appreciate the significance of Mr. Strock taking Prednisone and Imuran; k. Failing to appreciate the significance of Mr. Strock's clinical findings of having lesions that got red, inflamed, purulent and drained. 1. Failing to recognize the fact that Prednisone would increase the risk of infection in Mr. Strock; m. Failing to recognize the fact that Prednisone would diminish the manifestations of Mr. Strock's inflammatory response to an infection; n. Failing to recognize that the external appearance of Mr. Strock's skin should have been considered indicative of an even more significant infectious process with the knowledge that Mr. Strock was taking Prednisone; o. Performing a biopsy of the infected lesions; p. Failing to rule out infection, prior to performing biopsy; q. Failing to appreciate Mr. Strock's increased risk for skin infection and its life-threatening complications including toxic shock; r. Delaying the diagnosis and treatment of Mr. Strock's skin infection; s. Failing to comply with the proper medical procedure for a differential diagnosis; t. Inappropriately permitting Mr. Strock's medical condition to deteriorate; u. Failing to limit the severity of Mr. Strock's medical condition; v. Failing to disclose to Mr. Strock that he had a potentially life-threatening medical condition; particularly in light of his history of immunosuppression, which required the immediate administration of antibiotics; w. Failing to properly maintain complete and accurate medical records; x. Causing permanent and irreversible injuries and damages to Mr. Strock; and y. Causing the unnecessary and untimely death of Bradford K. Strock, Jr. 124. As a direct and proximate result of the negligence of Defendant Richard A. deRamon, M.D., as alleged herein, Plaintiff's decedent, Bradford K. Strock, Jr., sustained injuries and damages as set forth in the paragraphs above, which are incorporated herein by reference as if set forth at length and claim is made therefor. WHEREFORE, Plaintiff, Sharon L. Strock, Individually and as the Administratrix of the Estate of Bradford K. Strock, Jr., demands judgment against Defendant Richard A. deRamon, M.D., for compensatory damages in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interests and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT It Sharon L. Strock Individually and as Administratrix of the Estate of Bradford K. Strock, Jr. v. De Ramon Plastic Surgery Institute, P.C. 125. The previous paragraphs are incorporated herein by reference as if set forth at length. 126. At all relevant times herein, Defendant deRamon and all other health care providers who were involved with the care of Bradford K. Strock, Jr., at the De Ramon Plastic Surgery Institute, P.C. were acting as principals, officers, agents, apparent agents, servants and/or employees of Defendant Institute. 127. At all relevant times herein, all physicians, physician assistants, nurse practitioners, nurses and ancillary personnel involved in the care and treatment of Bradford K. Strock, Jr., at Defendant Institute were acting as principals, officers, agents, apparent agents, servants, and/or employees of Defendant Institute; 128. At all times relevant hereto, Defendant deRamon and all other health care providers who were involved with the care of Bradford K. Strock, Jr., at the De Ramon Plastic Surgery Institute, P.C., were acting in the scope of their employment as principals, officers, agents, apparent agents, servants, and/or employees of Defendant Institute. 129. Defendant Institute is vicariously liable for the acts or omissions of Defendant deRamon and/or the acts or omissions of other health care providers at Defendant Institute who were agents, apparent agents, servants or employees of Defendants. 130. Defendant Institute is liable to the Plaintiff for all injuries and damages alleged herein, which were directly and proximately caused by the negligence of the above individuals in: a. Misdiagnosing Mr. Strock's medical condition; b. Not taking or recording any temperature on Mr. Strock; c. Not taking or recording any vital signs on Mr. Strock; d. Not taking or recording any history of any associated symptoms on Mr. Strock; e. Not describing the general appearance of Mr. Strock; f. Failing to timely diagnose and treat Mr. Strock's skin infection; g. Failing to prescribe an oral antibiotic for Mr. Strock ; h. Failing to diagnose Mr. Strock's infection based on clinical grounds; L Failing to appreciate the significance of Mr. Strock's history of immunosuppression; j. Failing to appreciate the significance of Mr. Strock taking Prednisone and Imuran; k. Failing to appreciate the significance of Mr. Strock's clinical findings of having lesions that got red, inflamed, purulent and drained; 1. Failing to recognize the fact that Prednisone would increase the risk of infection in Mr. Strock; in. Failing to recognize the fact that Prednisone would diminish the manifestations of Mr. Strock's inflammatory response to an infection; n. Failing to recognize that the external appearance of Mr. Strock's skin should have been considered indicative of an even more significant infectious process with the knowledge that Mr. Strock was taking Prednisone; o. Performing a biopsy of the infected lesions; p. Failing to rule out infection, prior to performing biopsy; q. Failing to appreciate Mr. Strock's increased risk for skin infection and its life-threatening complications including toxic shock; r. Delaying the diagnosis and treatment of Mr. Strock's skin infection; s. Failing to comply with the proper medical procedure for a differential diagnosis; t. Inappropriately permitting Mr. Strock's medical condition to deteriorate; u. Failing to limit the severity of Mr. Strock's medical condition; v. Failing to disclose to Mr. Strock that he had a potentially life-threatening medical condition; particularly in light of his history of immunosuppression, which required the immediate administration of antibiotics; w. Failing to properly maintain complete and accurate medical records; x. Causing permanent and irreversible injuries and damages to Mr. Strock; and y. Causing the unnecessary and untimely death of Bradford K. Strock, Jr. 131. As a direct and proximate result of the negligence of Defendant De Ramon Plastic Surgery Institute, P.C., as alleged herein, Plaintiff's decedent, Bradford K. L. Strock, Jr. sustained injuries and damages as set forth in paragraphs above, which are incorporated herein by reference as if set forth at length and claim is made therefor. WHEREFORE, Plaintiff, Sharon L. Strock, individually and as Administratrix of the Estate of Bradford K. Strock, Jr., demands judgment against Defendant De Ramon Plastic Surgery Institute, P.C. for compensable damages in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interests and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM I - SURVIVAL ACTION Sharon L. Strock Individually and as Administratrix of the Estate of Bradford K. Strock Jr vs. Richard A. deRamon M.D. and De Ramon Plastic Surgery Institute, P.C. 132. The previous paragraphs are incorporated herein by reference as if set forth at length. 133. Plaintiff, Sharon L. Strock, brings this action on behalf of the Estate of Bradford K. Strock, Jr., deceased under and by virtue of 42. Pa. C.S.A. §8302. 134. Defendant deRamon and Defendant Institute are jointly and severally liable to the Estate of Bradford K. Struck, Jr. for injuries and damages as set forth herein. 135. Defendants and/or their agents, apparent agents, servants, members, and/or employees are jointly and severally liable to the Estate of Bradford K. Strock, Jr. for the injuries and damages as set forth herein. 136. Plaintiff, Sharon L. Strock, as Administratrix of the Estate of Bradford K. Strock, Jr., deceased, claims on behalf of said Estate, all damages suffered by said Estate by reason of the death of the decedent, including the pain and suffering the decedent underwent prior to his death, the decedent's loss of earnings and earning capacity and for all other damages properly recoverable under 42 Pa. C.S.A. §8302. WHEREFORE, Plaintiff, Sharon L. Strock, Individually and as the Administratrix of the Estate of Bradford K. Struck, Jr., demands judgment against Defendants Richard A. deRamon, M.D. and De Ramon Plastic Surgery Institute, P.C. for compensatory damages in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interests and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM I1- WRONGFUL DEATH ACTION Sharon L Strock Individually and as Administratrix of the Estate of Bradford K. Strock Jr. vs. Richard A. deRamon M.D. and De Ramon Plastic Surgery Institute, P.C. 137. The previous paragraphs are incorporated herein by reference as if set forth at length. 138. Plaintiff, Sharon L. Strock, is the wife of decedent, Bradford K. Strock, Jr., and is the Administratrix of the Estate of Bradford K. Strock, Jr., and brings this action for the wrongful death of Mr. Strock in her own right and is entitled to recover damages under and by virtue of the act of 42 Pa. C.S.A. §8301. 139. Decedent Bradford K. Strock, Jr. did not bring an action for his injuries during his lifetime. 140. Due to the conduct or failure to act on the part of Defendants, as aforesaid, Mr. Strock has left the following persons entitled by law to recover damages for such wrongful death and the relationship to decedent include: Sharon L. Strock, wife, 121 West Main Street, Shiremanstown, PA 17011; Dawnette R. Hugi, daughter, 1409 Louisa Lane, Mechanicsburg, PA 17050; Bradford K. Strock, III, son, 1 Timber Road, Mechanicsburg, PA 17050; 141. Said persons, by reason of the death of Bradford K. Strock, Jr., have suffered fiduciary loss and other expenses of administration of the Estate. 142. At the time of his death, Bradford K. Strock, Jr. was fifty-four years of age. 143. As a direct and proximate result of the death of Bradford K. Strock, Jr., his wife, Sharon L. Strock, has suffered the loss of Mr. Strock's society, comfort, monetary value of his services, and consortium, including such elements as work around the home, provision of physical comforts and services, and provision of society and comfort. 144. As a direct and proximate result of the death of Bradford K. Strock, Jr., his children have suffered the loss of Mr. Strock's companionship, services, comfort, society, guidance and tutelage. 145. As a direct and proximate result of the death of Bradford K. Strock, Jr., his wife, Sharon L. Strock, sustained considerable emotional trauma, as well as pain and suffering, and a claim is made therefor. 146. As a direct and proximate result of the death of Bradford K. Strock, Jr., Plaintiff has suffered the loss of any contributions she would have received from Mr. Strock had his death not occurred and a claim is made therefor. 147. Plaintiff hereby makes claim for all other damages for which she is entitled under and by virtue of the Wrongful Death Act, Pa. C.S.A.§8301. 148. As a result of the death of Bradford K. Strock, Jr., Plaintiff has incurred hospital, medical, funeral, burial and related expenses as well as expenses for the Administration of the decedent's Estate all for which claim is made therefor. 149. Defendant deRamon and Defendant Institute are jointly and severally liable to the Estate of Bradford K. Strock, Jr. for injuries and damages as set forth herein. 150. Defendants and/or their agents, apparent agents, servants, members, and/or employees are jointly and severally liable to the Estate of Bradford K. Strock, Jr. for the injuries and damages as set forth herein. WHEREFORE, Plaintiff, Sharon L. Strock, Individually and as the Administratrix of the Estate of Bradford K. Strock, Jr., demands judgment against Defendants Richard A. deRamon, M.D. and De Ramon Plastic Surgery Institute, P.C. for compensatory damages in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interests and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP Duane S. Barrick, Esquire I.D. No. 77400 Michael J. Navitsky, Esquire I.D. No. 58803 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date: I--,- /a3/06 VERIFICATION I, Sharon L. Struck, Individually and as Administratrix of the Estate of Bradford K. Strock, Jr., verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the provisions of IS Pa. C.S.A. §4904, relating to unsworn falsification to authorities. t mr ac_K, WITNESS Sharon L. Strock, Individually and as Administratrix of the Estate of Bradford K. Strock, Jr. CERTIFICATE OF SERVICE 1, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, do t) hereby certify that I am this ? day of February, 2006 serving a true and correct copy of Plaintiff's Complaint upon all counsel of record via postage prepaid first class United States mail addressed as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendants Jessie K. Walsh ?` SHARON L. STROCK, Individually and as Administratrix of the ESTATE OF BRADFORD K. STROCK, JR., Plaintiff V. RICHARD A. de RAMON, M.D., and De RAMON PLASTIC SURGERY INSTITUTE, P.C. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 06-090 Civil CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY CLAIM V g w'.9'DIiY`11L9 JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO DEFENDANT RICHARD A. de RAMON, M.D. I, Duane S. Barrick, Esquire, certify that: an appropriate licensed professional has supplied a written statement to the undersigned \ that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP Dun S. Barrick, Esquire I.D. No. 77400 Michael J. Navitsky, Esquire I.D. No. 58803 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Date: Counsel for Plaintiff a??3 ?o k CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, do hereby certify that I am this A lay of February, 2006 serving a true and correct copy of Plaintiffs Certificates of Merit upon all counsel of record via postage prepaid first class United States mail addressed as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Wit, Jessie K. Walsh _. ?' :; ,, SHARON L. STROCK, Individually and as Administratrix of the ESTATE OF BRADFORD K. STROCK, JR., Plaintiff V. RICHARD A. de RAMON, M.D., and De RAMON PLASTIC SURGERY INSTITUTE, P.C. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 06-090 Civil CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY CLAIM &'i JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO DEFENDANT De RAMON PLASTIC SURGERY INSTITUTE, P.C. I, Duane S. Barrick, Esquire, certify that: ? an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR X the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP Duane S. Barrick, Esquire I.D. No. 77400 Michael J. Navitsky, Esquire I.D. No. 58803 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date: .< 1,23 /v6 CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, do hereby certify that I am this A day of February, 2006 serving a true and correct copy of Plaintiff's Certificates of Merit upon all counsel of record via postage prepaid first class United States mail addressed as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Jessie K. Walsh THOMAS, THOMAS 8 HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff NO. 90-2006 V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED NOTICE TO PLEAD To: Sharon L. Strock c/o Duane S. Barrick, Esquire Michael J. Navitsky, Esquire Navitsky, Olsen and Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Thomas Thomas & Hafer, LLP Date: /yo& By: ? "' tt Sara W. Arosell, squire I.D. No. 58797 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED 1-2. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form an opinion as to the truth or falsity of the allegations contained therein. All allegations are denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof is demanded at time of trial. 3. Admitted. 4. Denied as stated. It is only admitted Defendant Richard A. de Ramon is a physician board certified in surgery/plastic surgery. All other allegations are denied pursuant to Pa. R.C.P. 1029(e) including those of "holding out to the public as a specialist". 5. Admitted. 6. Denied. It is only admitted that at all times material to this cause of action, de Ramon Plastic Surgery Institute, P.C. was an S Corporation under the business law of the Commonwealth of Pennsylvania. Dr. de Ramon is the President and only physician in the practice. All other allegations are denied pursuant to Pa. R.C.P. 1029(e). 7. Denied as stated. Dr. de Ramon provides plastic surgical services only, all other allegations are denied pursuant to Pa. R.C.P. 1029(e). 8. Denied. The allegations set forth in this paragraph of Plaintiffs' Complaint are conclusions of law as opposed to statements of fact and no response is required. By way of further answer, Plaintiffs fail to identify the alleged health care providers of Defendant Institute, and accordingly, all said allegations are specifically denied. All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 9. Denied. The allegations set forth in this paragraph of Plaintiffs' Complaint are conclusions of law and are denied as such, all allegations of agency, employment and servitude are specifically denied. It is admitted that at all times material to this cause of action, Dr. de Ramon was President of Defendant's Institute, P.C. all other allegations are denied pursuant to Pa. R.C.P. 1029(e). 10. Denied. The allegations set forth in this paragraph of Plaintiffs' Complaint are conclusions of law and are denied as such. By way of further answer, Plaintiffs fail to identify the alleged health care providers of Defendant Institute, and accordingly, all allegations agency, employment and servitude are specifically denied. All other allegations are denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 11. Denied. The allegation of vicarious liability contained in this paragraph of Plaintiffs' Complaint is a conclusion of law and denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. By way of further answer, Plaintiffs fail to identify the alleged health care providers of Defendant Institute, and accordingly, all said allegations are specifically denied. All other allegations are denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 12. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and the same are deemed denied and proof demanded at the time of trial. Moreover, all allegations are generally denied pursuant to the provisions of Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. By way of further Answer, the medical records speak for themselves regarding the care and treatment of Plaintiffs' decedent Bradford K. Strock Jr. 13. Denied as stated. The medical records regarding Bradford K. Strock Jr. speak for themselves. All allegations are denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 14. Denied. All allegations are generally denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 15-16. Denied. By way of further answer, the medical records speak for themselves regarding the care and treatment of Plaintiffs' decedent Bradford K. Strock Jr. All allegations are generally denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 17-18. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the averments contained in this paragraph and the same are deemed denied. By way of further response, all allegations are denied generally pursuant to Pa. R.C.P. 1029(e). Strict proof of same is demanded at the time of trial. 19. Denied. By way of further answer, the medical records speak for themselves regarding the care and treatment of Plaintiffs' decedent Bradford K. Strock Jr. All allegations are generally denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 20-23. Admitted in part, denied in part. It is only admitted that a letter dated 11/13/03 regarding Bradford K. Strock, Jr. is part of Dr. de Ramon's record. Any and all characterizations of said letter are specifically denied as the letter speaks for itself. Moreover, all allegations are generally denied pursuant to the provisions of Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 24-27. Denied. The medical records from Dr. de Ramon Institute speak for themselves regarding the care and treatment of Plaintiffs' decedent Bradford K. Strock Jr. To the extent the respective allegations contained in Plaintiffs' Complaint conflict with said records, said allegations are deemed specifically denied. By way of further answer, all said allegations are denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 28-29. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the averments contained in this paragraph and the same are deemed denied. By way of further response, all allegations are denied generally pursuant to Pa. R.C.P. 1029(e). Strict proof of same is demanded at the time of trial. 30. Denied. The letter of 12/2/03 speaks for itself regarding the care and treatment of Plaintiffs' decedent Bradford K. Strock Jr. To the extent the respective allegations contained in Plaintiffs' Complaint conflict with said records, said allegations are deemed specifically denied. By way of further answer, all said allegations are denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 31-39. Denied. The medical records speak for themselves regarding the care and treatment of Plaintiffs' decedent Bradford K. Strock Jr. To the extent the respective allegations contained in Plaintiffs' Complaint conflict with said records, said allegations are deemed specifically denied. By way of further Answer, all said allegations are denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 40-41. Denied. All allegations are denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 42-63. Denied. The medical records speak for themselves regarding the care and treatment of Plaintiffs' decedent Bradford K. Strock Jr. To the extent the respective allegations contained in Plaintiffs' Complaint conflict with said records, said allegations are deemed specifically denied. By way of further Answer, all said allegations are denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 64-67. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the averments contained in this paragraph and the same are deemed denied. By way of further response, all allegations are denied generally pursuant to Pa. R.C.P. 1029(e). Strict proof of same is demanded at the time of trial. 68-71. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the averments contained in this paragraph and the same are deemed denied. The medical records from the emergency room regarding Bradford K. Strock Jr. speak for themselves and to the extent the respective allegations contained in Plaintiffs' Complaint conflict with said records, said allegations are deemed specifically denied. All allegations are denied generally pursuant to Pa. R.C.P. 1029(e). Strict proof of same is demanded at the time of trial. 72-80. Denied. The emergency room medical records speak for themselves regarding the care and treatment of Plaintiffs' Decedent Bradford K. Strock Jr. To the extent the respective allegations contained in Plaintiffs' Complaint conflict with said records, said allegations are deemed specifically denied. By way of further answer, all said allegations are denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 81-82. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the averments contained in these paragraphs and the same are deemed denied generally pursuant to and in accordance with Pa.R.C.P. 1029(e). Strict proof of same is demanded at the time of trial. 83-84. Denied. All allegations are generally denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof is demanded at the time of trial. 85-90. Denied. The allegations contained in these paragraphs of Plaintiffs' Complaint are conclusions of law. Moreover, all allegations are generally denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof is demanded at the time of trial. 91-110. Denied. The allegations contained in these paragraphs of Plaintiffs' Complaint are conclusions of law. All allegations of negligence and substandard care are specifically denied as Defendants acted with the requisite standard of care at all times relevant hereto. All allegations are generally denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof is demanded at the time of trial. 111-114. Denied. The allegations in these paragraphs of Plaintiffs' Complaint are conclusions of law. By way of further Answer, all allegations are generally denied pursuant to the provisions of Pa. R.C.P. 1029(e). Moreover, Defendants are no way negligently caused or otherwise contributed to cause any injury or damage to Plaintiffs' decedent Mr. Strock. 115-117. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form an opinion or belief as to the truth or falsity of the allegations and averments of damages contained in this paragraph and/or same are denied generally pursuant to and in accordance with Pa. R.C.P. 1029(e), and thus, strict proof of same is demanded at the time of trial. COUNTI 118. Defendants incorporate the responses to Paragraphs 1-117 of Plaintiffs' Complaint as set forth herein at length. 119. Denied as stated. To the contrary, it is only admitted that Defendant de Ramon is President of Defendant Institute, P.C. All other allegations that Defendant de Ramon was acting as principal, officer, agent, apparent agent, servant and/or employee are specifically denied. All other allegations are denied generally pursuant to and in accordance with Pa. R.C.P. 1029(e), and thus proof of same is demanded at the time of trial. 120. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint are conclusions of law. By way of further Answer, all other allegations of negligence as set forth in this paragraph are specifically denied as Defendants acted with the requisite standard of care at all times relevant hereto. Moreover, all allegations are generally denied pursuant to Pa. R.C.P. 1029(e), and are placed at issue and strict proof thereof is demanded at the time of trial. 121-122. Denied. The allegations of vicarious liability that are contained in these paragraphs of Plaintiffs' Complaint are denied as conclusions of law and are denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. By way of further Answer, Plaintiffs' failed to identify the alleged healthcare providers, physicians, physician assistants, nurse practitioners, nurses, and ancillary personnel, and accordingly, all said allegations are specifically denied. All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 123. Denied. All allegations of negligence on the part of Dr. de Ramon as set forth in Subparagraphs (a-y) of Plaintiffs' Complaint are specifically denied as Defendant acted with the requisite standard of care at all times relevant hereto. All said allegations are denied as conclusions of law and pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. 124. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint contain conclusions of law, and are denied as such. Moreover, all allegations are generally denied pursuant to Pa. R.C.P. 1029(e), and are placed at issue and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants demand judgment in their favor and against all other parties together with costs. COUNT II 125. Defendants incorporate the responses to Paragraphs 1-124 of Plaintiffs' Complaint as if set forth herein at length. 126-129. Denied. The allegations contained in these paragraphs of Plaintiffs' Complaint are denied as conclusions of law and are denied pursuant to Pa. R.C.P. 1029(e). All allegations of vicarious liability as contained in Paragraph 129 of Plaintiffs' Complaint are denied as conclusions of law and are denied pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. By way of further answer, Plaintiffs fail to identify the alleged health care providers, who are acting as agents, parent agents, servants or employees, principals, and officers, of Defendant Institute, and accordingly, all said allegations are specifically denied. All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 130. Denied. All allegations of negligence on the part of Defendant Institute as set forth in Subparagraphs (a-y) of Plaintiffs' Complaint are specifically denied as Defendants acted with the requisite standard of care at all times relevant hereto. All said allegations are denied as conclusions of law and pursuant to Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. 131. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint contain conclusions of law, and are denied as such. Moreover, all allegations are generally denied pursuant to Pa. R.C.P. 1029(e), and are placed at issue and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants demand judgment in their favor and against all other parties together with costs. CLAIM 11-SURVIVAL ACTION de Ramon Plastic Surgery Institute. P.C. 132. Defendants incorporate the responses to Paragraphs 1-131 of Plaintiffs' Complaint as if set forth herein at length. 133-136. Denied. This paragraph of Plaintiffs' Complaint contains conclusions of law and is denied as such. By way of further Answer, all allegations are generally denied pursuant to the provisions of Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants demand judgment in their favor and against all other parties together with costs. CLAIM II-WRONGFUL DEATH ACTION 137. Defendants incorporate the responses to Paragraphs 1-136 of Plaintiffs' Complaint as if set forth herein at length. 138-150. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form an opinion of belief as to the truth or falsity of the factual allegations contained in these paragraphs. By way of further Answer, all allegations are generally denied pursuant to the provisions of Pa. R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants demand judgment in their favor and against all other parties together with costs. NEW MATTER By way of further response to the allegations contained in Plaintiffs Complaint, Answering Defendants hereby raises the following New Matter in accordance with Pennsylvania Rule of Civil Procedure 1030: 151. Answering Defendants incorporate paragraphs 1 through 150 of this Answer as if set forth at length herein. 152. Plaintiffs fail to state a cause of action against Defendants upon which relief can be granted. 153. Defendants raise all affirmative defenses of the Healthcare Services Malpractice Act, 40 P.S. §1301.101, et seq. 154. For the purposes of preserving the same, and subject to further discovery, all or some of Plaintiffs' claims are time barred by the applicable Statute of Limitations, 42 Pa. C.S.A. §5524 155. Answering Defendants at all times material hereto, acted in a careful, reasonable, and prudent manner consistent with the required standard of care. 156. For the purpose of preserving the same, and subject to discovery, all or some of Plaintiffs' claims may be barred pursuant to the affirmative defenses of release, offset, or accord and satisfaction. 157. At no time relevant hereto was any other natural person, partnership, corporation, or other legal entity acting or serving as an agent, servant, employee, or otherwise for or on behalf of Answering Defendants. 158. In the event that it is determined that Answering Defendants were negligent with regard to any of the allegations contained in and with respect to Plaintiffs' Complaint, said allegations being specifically denied, discovery may establish that said negligence was superseded by the intervening negligent acts of other persons, parties, and/or organizations other than Answering Defendants, and over whom said Answering Defendants had no control, right, or responsibility, and therefore Answering Defendants are not liable. 159. To the extent that the evidence may show that other persons, partnerships, corporations, or other legal entities caused or contributed to the injuries or the pre-existing condition of Plaintiffs' decedent, Mr. Strock, then the conduct of the Defendants were not the legal cause of such conditions or injuries. 160. Any acts or omissions of Answering Defendants alleged to constitute negligence or failure to obtain informed consent were not substantial factors contributing to the injuries and damages alleged in Plaintiffs' Complaint. 161. If any injuries and damages, as alleged in Plaintiffs' Complaint, were caused in whole or in part by persons or entities over whom Answering Defendants had no duty to supervise or control, then Answering Defendants are not liable, and Plaintiffs may not recover against them. 162. Plaintiffs' injuries and losses, if any, were not caused by the conduct or negligence of Answering Defendants, but rather were caused by pre-existing medical conditions and causes beyond the control of Answering Defendants, and therefore Plaintiffs may not recover against Answering Defendants. 163. Insofar as the Answering Defendants or any person for whom he is or may be vicariously liable, elected a treatment modality which is recognized as proper, but may differ from another appropriate treatment modality, then Answering Defendants raise the "two schools of thought" defense. 164. The incident and/or damages described in Plaintiffs' Complaint were caused or contributed to by Plaintiff. 165. The Plaintiff assumed the risk of medical treatment rendered. 166. If there is a judicial determination that Pa. R.C.P. 238 is constitutional, with said constitutionality being expressly challenged as in violation of the due process and equal protection clauses of the 14th Amendment of the United States Constitution, 42 U.S.C. § 1983; Article 1 § 1, 6, 11, 25; and Article V, § 10(c) of the Pennsylvania Constitution, then any and all liability for interest imposed by the Pennsylvania Rules of Civil Procedure should be suspended during any such period of time that Plaintiff: (a) failed to convey to Answering Defendant a settlement figure; (b) delayed in responding to any Interrogatories as properly served; (c) delayed in responding to any Request for Production of Documents and/or things as properly served; (d) delayed in producing Plaintiff for deposition following proper service of Notice of Deposition upon Plaintiff and/or their counsel; (e) delayed in producing Plaintiffs for physical examination upon proper notice; or (f) delayed in any other manner relating to discovery requests properly made by Answering Defendant. 167. Plaintiffs claims, the existence of which are specifically denied by Answering Defendants, may be reduced and/or limited by any collateral source of compensation and/or benefit in accordance with the Pennsylvania Supreme Court decision Moorhead v. Crozier-Chester Medical Center. 168. Answering Defendants raise all affirmative defenses of the Medical Care Availability and Reduction of Error (M'care) Act a/k/a Act 13 of 2002 as a limit/bar to Plaintiffs' claims. WHEREFORE, Answering Defendants demand judgment in their favor and against Plaintiffs without costs to them. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: 1111 Sarah W. Arosell, Esquire I.D.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorney for Defendants Date: 311606 VERIFICATION I, RICHARD A. deRAMON, M.D., have read the foregoing which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. d < l ? i?1.G'GL? i •? oLC? ?1h-?? ?? Richard A. deRamon, M.D. DATE: CERTIFICATE OF SERVICE AND NOW, this t?_ day of M , 2006, I, Sarah W. Arosell, Esquire, of Thomas, Thomas & Hafer, LLP, attorneys for Defendant, hereby certify that I have this day served the foregoing document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Duane S. Barrick, Esquire Michael J. Navitsky, Esquire Navitsky, Olsen and Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 ?/t By. /l' 4 S& ah W. Arosell, Esquire Date: 3/6/,6 414029.1 ?, ?., c ; .? -,: -.? - ? ? ?, ? . , ,?a = - - ?' -: fT1 ?,7 ?_-i .G"" -G ?• SHARON L. STROCK, Individually and as Administratrix of the ESTATE OF BRADFORD K. STROCK, JR., Plaintiff V. RICHARD A. de RAMON, M.D., and De RAMON PLASTIC SURGERY INSTITUTE, P.C. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 06-090 Civil CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY CLAIM 1 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND NOW, comes the Plaintiff, Sharon L. Strock, Individually and as Administratrix of the Estate of Bradford K. Strock, Jr., by and through her attorneys, Navitsky, Olson & Wisneski LLP, to hereby enter the following Reply to the New Matter of Defendants, Richard A. deRamon, M.D. and DeRamon Plastic Surgery Institute, P.C. to Plaintiff's Complaint: 151. This is an incorporation paragraph that requires no response. However, if it is later deemed that a response is required, Plaintiff respectfully denies this statement and the incorporations contained therein. 152. This allegation states a conclusion of law to which no response is necessary. By way of further response, it is specifically denied that Plaintiff fails to state a cause of action against Defendants upon which relief can be granted. 153. The allegation herein states a conclusion of law to which no response is necessary. By way of further response, it is specifically denied that Defendants have any affirmative defenses under the Healthcare Services Malpractice Act. 154. This allegation states a conclusion of law to which no response is required. By way of further response, it is specifically denied that all or some of Plaintiffs claims are time barred by the applicable statute of limitations. 155. The allegation herein states a conclusion of law to which no response is necessary. By way of further response, it is specifically denied that answering Defendants, at all times material hereto, acted in a careful, reasonable, and prudent manner consistent with the required standard of care. 156. The allegation herein states a conclusion of law to which no response is necessary. By way of further response, it is specifically denied that Plaintiff s claims may be barred pursuant to the affirmative defenses of Release, Offset or Accord and Satisfaction. 157. The allegation herein states a conclusion of law to which no response is necessary. By way of further response, it is specifically denied that at the relevant times hereto, there were not other natural persons, partnerships, corporations or other legal entities acting or serving as an agent, servant, employee, or otherwise for or on behalf of Defendants. 158. The allegation herein states a conclusion of law to which no response is necessary. By way of further response, it is specifically denied that any negligence by Defendants was superceded by an intervening negligent act of other persons, parties and/or organizations other than answering Defendants, and over whom said Defendants had no control, right or responsibility, therefore answering Defendants would remain liable. 159. The allegation herein states a conclusion of law to which no response is required. By way of further response, it is specifically denied that other persons, partnerships, corporations or other legal entities caused or contributed to the injuries or the pre-existing condition of Mr. Strock. To the contrary, it was the conduct of Defendants, which was the factual/legal cause of Mr. Strock's death. 160. The allegation herein states a conclusion of law to which no response is necessary. By way of further response, it is specifically denied that the acts or omissions of answering Defendants alleged to constitute negligence or failure to obtain informed consent were not substantial factors contributing to the injuries and damages alleged in Plaintiffs Complaint. To the contrary, the acts and omissions of answering Defendants were the factual cause of Plaintiffs injuries, damages, and death. 161. The allegation herein states a conclusion of law to which no response is required. By way of further response, it is specifically denied that any injuries or damages to Plaintiff were caused is whole or in part by persons or entities over whom Defendants did not have a duty to supervise or control. Plaintiff may recover all damages against answering Defendants. 162. The allegation herein states a conclusion of law to which no response is necessary. By way of further response, it is specifically denied that Plaintiff s injuries were caused by pre-existing conditions and causes beyond the control of answering Defendants. Plaintiff may recover against answering Defendants for all damages. 163. The allegation herein states a conclusion of law to which no response is necessary. By way of further response, it is specifically denied that the two schools of thought defense is applicable to the instant matter. The non-ordering, non-administration of antibiotics to a known immuno suppressed patient with clinical signs of an active infectious process is not a recognized proper or appropriate treatment modality. 164. The allegation herein states a conclusion of law to which no response is necessary. By way of further response, it is specifically denied that the incident and/or damages described in Plaintiff's Complaint were caused or contributed to by Plaintiff. Instead, all of Plaintiff's injuries and damages, including his unnecessary and untimely death were factually caused by Defendants' negligence. 165. The allegation herein states a conclusion of law to which no response is necessary. By way of further response, it is specifically denied that Plaintiff assumed the risk of medical treatment rendered. 166. (a-f) The allegations contained herein and in its subparagraphs state conclusions of the law to which no response is required. By way of further response, it is specifically denied that Plaintiff's claims or damages are barred or limited in any way by Pa. R.C.P. 238. Plaintiff is entitled to full and complete recovery for all such damages covered under the wrongful death and survival statutes, including, but not limited to, delay damages. 167. The allegation herein states a conclusion of law to which no response is necessary. By way of further response, it is specifically denied that Plaintiff's claims may be reduced and/or limited by any collateral source of compensation and/or benefit. 168. The allegation herein states a conclusion of law to which no response is necessary. By way of further response, it is specifically denied that Defendants have any affirmative defenses under the MCARE Act to limitibar Plaintiffs claims. WHEREFORE, Plaintiff, Sharon L. Strock, Individually and as Administratrix of the Estate of Bradford K. Strock, Jr., requests that paragraphs 151 through 168 of Defendants' New Matter be stricken for failure to comply with Pa. R.C.P. 1030. Furthermore, Plaintiff respectfully requests this Honorable Court to dismiss Defendants' New Matter and that judgment be entered in favor of Plaintiff. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP _ I Duane S. Esquire I.D. No. 77440 Michael J. Navitsky, Esquire I.D. No. 58803 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 ?? 66 Counsel for Plaintiff Date: .i/ / COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, DUANE S. BARRICK, being duly sworn according to law, depose and say that I am counsel for Plaintiff, Sharon L. Strock, Individually and as Administratrix of the Estate of Bradford K. Strock, Jr., and I am authorized to make this affidavit on behalf of said Plaintiff, and verify that the facts set forth in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief, or are true and correct based on the information obtained from Plaintiff. D ANE S. B CK Sworn and subscribed before me this Bjkj day of yo'a c41 12006. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lois E. Sfeuffar, Noterryy Public City of Harrisburgauphin County CCommission Expires MMac 28,2009 CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, do hereby certify that I am this day of March, 2006 serving a true and correct copy of Plaintiff's Reply to Defendants' New Matter upon all counsel of record via postage prepaid first class United States mail addressed as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendant Richard A. deRamon, M.D. Jessie K. Walsh r? ._1 k? C:.7 SHARON L. STROCK, Individually and as Administratrix of the ESTATE OF BRADFORD K. STROCK, JR., Plaintiff V. RICHARD A. de RAMON, M.D., and De RAMON PLASTIC SURGERY INSTITUTE, P.C. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 06-090 Civil CIVIL ACTION-MEDICAL PROFESSIONAL LIABILITY CLAIM JURY TRIAL DEMANDED PLAINTIFF'S OBJECTIONS TO DEFENDANTS', RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE. P.C. INTERROGATORIES - SET I 8. Objection. Plaintiff objects to this Interrogatory on the grounds that it is beyond the scope of permissible discovery under in the Pennsylvania Rules of Civil Procedure. By way of further response and without waiving said objection, Plaintiff will exchange expert reports and their associated CVs at the conclusion of discovery. 20. Objection. Plaintiff objects that this Interrogatory seeks information and data that is beyond the scope of permissible discovery under the Pennsylvania Rules of Civil Procedure and Pennsylvania Common Law. By way of further response and without waiving said objection, discovery has just begun, once Plaintiff is in possession of decedent's medical bills, we will share them with Defendants. Respectfully submitted, Dated: 41121" NAVITSKY, OLSON & WISNESKI LLP Du te S. Barrick, Esquire I.D. No.77400 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, do ``11yh hereby certify that I am this 107 day of April, 2006 serving a true and correct copy of Plaintiff's Objections to Defendants' Request for Production of Documents - Set I upon all counsel of record via postage prepaid first class United States mail addressed as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendant Richard A. deRamon, M.D. ?9111LC? Jessie K. Walsh _ ? _? .?'? La SHARON L. STROCK, Individually and as Administratrix of the ESTATE OF BRADFORD K. STROCK, JR., Plaintiff V. RICHARD A. de RAMON, M.D., and De RAMON PLASTIC SURGERY INSTITUTE, P.C. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 06-090 Civil CIVIL ACTION-MEDICAL PROFESSIONAL LIABILITY CLAIM JURY TRIAL DEMANDED PLAINTIFF'S OBJECTIONS TO DEFENDANTS', RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., REQUEST FOR PRODUCTION OF DOCUMENTS (SET I) 2-4. Objection. These requests seek documents that are attorney work product, covered by attorney-client privilege, or are beyond the permissible scope of discovery pursuant to the Pennsylvania Rules of Civil Procedure. By way of further response and without waiving said objections, expert reports will be exchanged at the conclusion of discovery. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP Duane S. Barrick, Esquire I.D. No.77400 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date: 2/t2 /6 6 CERTIFICATE OF SERVICE 1, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, do hereby certify that I am this A _U?!day of April, 2006 serving a true and correct copy of Plaintiff s Objections to Defendants' Interrogatories - Set I upon all counsel of record via postage prepaid first class United States mail addressed as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer P,O. Box 999 Harrisburg, PA 17108 Counsel for Defendant Richard A. deRamon, M.D. Jessie K. Walsh i ` .1 _. ?, i r: L. THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants, Gerald E. Willwerth, M.D. and Cumberland Valley Emergency Medical Associates certify that (1) a Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed to Plaintiff on April 20, 2006; (2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this certificate; (3) Plaintiffs counsel, Duane Barrick, Esquire indicated via letter of April 25, 2006 that he has no objection to the proposed Subpoenas and is willing to waive the twenty-day notice requirement in order to expedite receipt of these records; and (4) the Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoenas. THOMAS, THOMAS & HAFER, LLP SATFAH W. AROSELL, ESQUIRE I.D. 58797 305 N. FRONT STREET, P. O. BOX 999 HARRISBURG, PA 17108-0999 (717) 255.7231 ATTORNEY FOR DEFENDANTS Date: J11"Y l THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED TO: Duane S. Barrick, Esquire Michael J. Navitsky, Esquire Navitsky, Olsen and Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Defendants intend to serve Subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made, the Subpoenas may be served. TH?THOMAS & HAFE/R, LLP SARAH W. AROSELL, ESQUIRE I.D. 58797 305 NORTH FRONT STREET, P. O. BOX 999. HARRISBURG, PA 17108-0999 (717) 255-7231 Date: Y/,2d ATTORNEY FOR DEFENDANTS /OG SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED Custodian of Records, Family Medicine Center of Camp Hill/David A. Long, M.D., 4076 Market Street, Camp Hill, PA 17011-4200 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fdknting documents or thus: A complete copy of your medical chart on Bradford K. Strock, Jr., SS #210-40-0838, DOB 7/2149, Including correspondence, treatment records, memoranda, reports, handwritten notes, therapy records, medication records, diagnostic studies, lab reports, billing records (including any records stored in a computer database or otherwise In electronic form) and records of other medical providers contained within your chart. You may deliver or mall legible copies of the documents or produce things requested by this subpoena, together with the certificate of oompllance, to the party making this request at the address listed above. You have the right to seek, In advance, the reasonable cost of preparing the copies or producing the things sought. If you fall to produce the documents or things required by this subpoena, within twenty (20) days after Its service, the party serving this subpoena may seek a court order compelling you to comply wfth ft. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Sarah W. Arosell. Esquire ADmEss 305 N. Front Street. P. O. Box 999 Harrisburo.PA 17106 TELEPHONE: (717)255-7231 SUPREME COURT to No: 58797 ATTORNEY FOR: Defendants DATE: By the Court: Seal of the Court Prothonotary Deputy SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Community General Osteopathic Hospital, 4300 Londonderry Road, Harrisburg, PA 17110 (Name of Person or Entity) Widdn twenty (20) days after service of this subpoena, you are ordered by tine court to produce the following documents or things: A complete copy of your medical chart on Bradford 1{, Strock, Jr., SS #210-40-0838, DOB 7/2/49, including inpatient, outpatient and emergency room treatment records, correspondence, memoranda, reports, handwritten notes, therapy records, medication records, diagnostic studies, lab reports, billing records (including any records stored in a computer database or otherwise In electronic form) and records of other medical providers contained within your chart. You may deliver or mad legible copies of the documents or produce things requested by this subpoena, together vdth the certificate of compliance, to the party making We request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the thugs sought. If you fall to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply With d. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Sarah W. Arosell. Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisbura. PA 17108 TELEPHONE: (717) 255-7231 SUPREME COURT 10 Not 58797 ATTORNEY FOR Defendants DATE: By the Court: Seal of the Loud Prothonotary Deputy SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 MEDICAL MALPRACTICE JURY TRIAL DEMANDED Custodian of Records, Kellogg Company, 2050 State Road, Lancaster, PA 17604 (Name of Person or Entity) Within twenty (20) days after seMoe of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your employee personnel file on Bradford K. Strock, Jr., SS 4210-40-0838, DOB 7/2149, Including, but not limited to, application for employment, resumes, evaluations, disciplinary actions, accident and/or Incident reports and any Information pertaining to the investigation of such report(s), and all other employment records including health records, medical excuses, medical records, payroll records, attendance records, and benefit Information. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the ceNficate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail in produce the documents or things required by this subpoena, within twenty (20) days after Its service, the party serving this subpoena may seek a court order compelling you to comply vfth ft. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Sarah W. Arosell. Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg. PA 17108 TELEPHONE: (7171255 7231 SUPREME COURT ID No. 58797 ATTORNEY FOR: Defendants DATE: By the Court: Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE I, SARAH W. AROSELL, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that i served the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Duane S. Barrick, Esquire Michael J. Navitsky, Esquire NAVITSKY, OLSON & WISNESKI, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP C?iG SARAH W. AROSELL, ESQUIRE Date: y/5-06 422601.1 CERTIFICATE OF SERVICE 1, SARAH W. AROSELL, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Duane S. Barrick, Esquire Michael J. Navitsky, Esquire NAVITSKY, OLSON & WISNESKI, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP Q SA H W. AROSELL, ESQUIRE Date: /(!,L 7,1 1 M1) 17 '? i r? 1- T i In -t ?J 1 THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED i R I :QF SUBPOENAS ??1?t?ldt#"?dlr tom'`' As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, the Defendants certify that (1) a Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed to Plaintiffs attorney on August 17, 2006; (2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this certificate; (3) Plaintiff's counsel, Duane Barrick, Esquire indicated via letter of August 21, 2006 that he has no objection to the proposed Subpoenas and is willing to waive the twenty-day notice requirement in order to expedite receipt of these records; and (4) the Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoenas. THOMAS, THOMAS & HAFER, LLP SARAH W. AROSELL, ESQUIR I.D. 58797 305 N. FRONT STREET, P. O. BOX 999 HARRISBURG, PA 17108-0999 (717) 255-7231 ATTORNEY FOR DEFENDANTS Date: ??/6G THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED TO: Duane S. Barrick, Esquire Michael J. Navitsky, Esquire Navitsky, Olsen and Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Defendants intend to serve Subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made, the Subpoenas may be served. THO OM/AS HHAFER, LLP .?G?"u-La./lCN(.?iCaALLL.r SARAH W. AROSELL, ESQUIRE I. D. 58797 305 NORTH FRONT STREET, P. O. BOX 999. HARRISBURG, PA 17108-0999 (717) 255-7231 ATTORNEY FOR DEFENDANTS Date: 171d4 SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 v RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED Custodian of Records, Walter A. Koerber, Jr., M.D., 2000 Linglestown Road, Suite 205, Harrisburg, PA 17110 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your medical chart on Bradford K. Strock, Jr., SS #210-40-0838, DOB 712/48, including correspondence, treatment records, memoranda, reports, handwritten notes, therapy records, medication records, diagnostic studies, lab reports, billing records (including any records stored in a computer database or otherwise in electronic form) and records of other medical providers contained within your chart. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together vAth the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fell to produce the documents or things required by this subpoena. within twenty (20) days after Its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Sarah W. Arosell. Esauire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisbura. PA 17108 TELEPHONE. (7171255-7231 SUPREME COURT ID No: 58797 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Hershey Medical Center, P. O. Box 850, 500 University Drive, Hershey, PA 17033 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your medical chart on Bradford K Strock, Jr., SS #21040-0838, DOB 7/2/49, including inpatient, outpatient and emergency room treatment records, correspondence, memoranda, reports, handwritten notes, therapy records, medication records, diagnostic studies, lab reports, billing records (including any records stored in a computer database or otherwise in electronic form) and records of other medical providers contained within your chart. You may deliver or mall legible copies of the documents or produce things requested by this subpoena, together vAth the cerOk:ate of compliance, to the party making this request at the address listed above. You have the right to seek, In advance, the reasonable cost of preparing the copies or producing the things sought. If you fall to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to campy with It. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Sarah W. Arosell. Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Hanisbura. PA 17108 TELEPHONE: (717) 255-7231 SUPREME COURT to No: 58797 ATTORNEY FOR: Defendants DATE: By the Court: Seat of the Court Prothonotary Deputy SHARON L. STROCK, individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED Custodian of Records, F. Wilson Jackson, III, M.D., 423 N. 21" Street, Camp Hill, PA 17011 (Name of Person or Entity) Within Menty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your medical chart on Bradford K. Strock, Jr., SS #210-40-0838, DOB 712/49, including correspondence, treatment records, memoranda, reports, handwritten notes, therapy records, medication records, diagnostic studies, lab reports, billing records (including any records stored in a computer database or otherwise in electronic form) and records of other medical providers contained within your chart. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, vhthin twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Sarah W. Arosell. Esouire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg. PA 17108 TELEPHONE: (717) 255-7231 SUPREME COURT to No: 58797 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Hershey Kidney Specialists, Inc., 4700 Union Deposit Road, Harrisburg, PA 17111 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your medical chart on Bradford K. Strock, Jr., SS #210-40-0838, DOB 7/2/49, including correspondence, treatment records, memoranda, reports, handwritten notes, therapy records, medication records, diagnostic studies, lab reports, billing records (including any records stored in a computer database or otherwise in electronic form) and records of other medical providers contained within your chart. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the ceditate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing One tlirgs sought. If you fail to produce the documents or things required by this subpoena, withm twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with ft. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Sarah W. Arosell. Esmire ADDRESS 305 N. Front Street P. O. Box 999 Harrisburg. PA 17108 TELEPHONE: (717) 255-7231 SUPREME COURT ID No: 58797 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Cart Prothonotary Deputy SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED Custodian of Records, Central PA Transplant Associates/ Harold Yang, M.D., 205 S. Front Street, Harrisburg, PA 17104 (game of Person cr Entity) WitNn twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your medical chart on Bradford K. Strock, Jr., SS #210-40-0838, DOB 7/2/49, including correspondence, treatment records, memoranda, reports, handwritten notes, therapy records, medication records, diagnostic studies, lab reports, billing records (including any records stored in a computer database or otherwise in electronic form) and records of other medical providers contained within your chart. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fall to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with ft. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Sarah W. Arosell. Esauire ADmEss 305 N. Front Street. P. O. Box 999 Harrisburg. PA 17108 TELEPHONE: (717)255.7231 SUPREME COURT ID No: 58797 ATTORNEY FOR: Defendants DATE: By the Court: Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE 1, SARAH W. AROSELL, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Duane S. Barrick, Esquire Michael J. Navitsky, Esquire NAVITSKY, OLSON & WISNESKI, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP SARAH W. AROSELL, ESQUIRE Date: 7-// V 06 422601.2 CERTIFICATE Of SERVKE I, SARAH W. AROSELL, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Duane S. Barrick, Esquire Michael J. Navitsky, Esquire NAVITSKY, OLSON & WISNESKI, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP (264A a-1 gue? SARAH W. AROSELL, ESQUIRE Date: OJI& c-? G= ?, c,_; N 7 -?? n _„ ;Y? ? ? a -.J THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, the Defendants certify that (1) a Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed to Plaintiffs attorney on September 12, 2006; (2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this certificate; (3) Plaintiffs counsel, Duane Barrick, Esquire has advised me that he has no objection to the proposed Subpoenas and is willing to waive the twenty-day notice requirement in order to expedite receipt of these records; and (4) the subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoenas. THOMAS, THOMAS & HAFER, LLP (;?l0,L GUAM SARAH W. AROSELL, ESQUIRE I.D. 58797 305 N. FRONT STREET, P. O. BOX 999 HARRISBURG, PA 17108-0999 (717) 255-7231 ATTORNEY FOR DEFENDANTS Date: 1/J Ild 4 THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Duane S. Barrick, Esquire Michael J. Navitsky, Esquire Navitsky, Olsen and Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Defendants intend to serve Subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made, the Subpoenas may be served. TH AS, THOMAS HAFER, LLP CZ""ai a`' SARAH W. AROSELL, ESQUIRE I . D. 58797 305 NORTH FRONT STREET, P. O. BOX 999. HARRISBURG, PA 17108-0999 (717) 255-7231 Date: ATTORNEY FOR DEFENDANTS q ? ? /?? SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 MEDICAL MALPRACTICE JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Rite Aid Pharmacy, 5277 Simpson Ferry Road, Mechanicsburg, PA 17050-3515 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your entire file on Bradford K. Strock, Jr., SS #210-40-0838, DOB 7/2/49, relating to the history of prescriptions filled for Bradford K. Strock, Jr. for the period of time from January 1, 1999 through his death on January 27, 2004, as well as Pharmacist's Statement, Customer History Report, telephone messages, prescriptions, telephone scripts, prescription log/history, order forms, faxes, insurance log/history, and any and all billing records or payment ledger for Bradford K. Strock, Jr. during the same period of time (including any records stored in a computer database or otherwise in electronic form). You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Sarah W. Arosell. Esquire ADDRESS 305_N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7231 SUPREME COURT ID No: 58797 ATTORNEY FOR: Defendants DATE: By the Court: Seal of the Court Prothonotary Deputy SHARON L. STROCK, Individually and as Administratrix of the K. STROCK, JR., V. Estate of BRADFORD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants NO. 90-2006 MEDICAL MALPRACTICE JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Medco, P. O. Box 182050, Columbus, OH 43218-2050 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your entire file on Bradford K. Strock, Jr., SS #210-40-0838, DOB 7/2/49, relating to the history of prescriptions filled for Bradford K. Strock, Jr. for the period of time from January 1, 1999 through his death on January 27, 2004, as well as Pharmacist's Statement, Customer History Report, telephone messages, prescriptions, telephone scripts, prescription log/history, order forms, faxes, insurance log/history, and any and all billing records or payment ledger for Bradford K. Strock, Jr. during the same period of time (including any records stored in a computer database or otherwise in electronic form). You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Sarah W. Arosell, Esquire ADDRESS 305 N. Front Street, P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7231 SUPREME COURT ID No: 58797 ATTORNEY FOR: Defendants DATE: By the Court: Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE I, SARAH W. AROSELL, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Duane S. Barrick, Esquire Michael J. Navitsky, Esquire NAVITSKY, OLSON & WISNESKI, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP 000 SARAH W.AROSELL,ESQUIRE Date: 422601.3 CERTIFICATE OF SERVICE I, SARAH W. AROSELL, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Duane S. Barrick, Esquire Michael J. Navitsky, Esquire NAVITSKY, OLSON & WISNESKI, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP SARAH W. AROSELL, ESQUIRE Date: ? / C/O j G SHARON L. STROCK, Individually and as Administratrix of the ESTATE OF BRADFORD K. STROCK, JR., Plaintiff V. RICHARD A. de RAMON, M.D., and De RAMON PLASTIC SURGERY INSTITUTE, P.C. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 06-090 Civil CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY CLAIM JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS PURSUANT TO PA. R.C.P. 4014 TO DEFENDANT RICHARD A. de RAMON, M.D. Plaintiff requests that Defendant admit, pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, the matters set forth below. The facts set forth below shall be deemed admitted unless Defendant serves upon Plaintiff a sworn answer or objection within thirty (30) days after Defendant is served with this Request for Admissions. If objection is made to any fact whose admission is requested, the reason for that objection shall be stated. Each answer shall admit or deny the matter or set forth in detail the reason(s) why an admission or denial cannot truthfully be made. A denial of any matter shall fairly meet the substance of the requested admission. When good faith requires Defendant to qualify his answer, or to deny only a part of the matter of which an admission is requested, Defendant shall specify which part of the request admission is truthful and qualify or deny the remainder. Defendant may not give lack of knowledge or information as a reason for failure to admit or deny unless they state that they have made reasonable inquiry and that the information known or readily obtained to them is insufficient to enable them to admit or deny the requested admission. Defendant may not object to a requested admission on the grounds that the request presents a genuine issue for trial. 1. On January 9, 2004, you knew that Bradford Strock, Jr. had a history of a renal transplant? Admit Deny 2. On January 9, 2004, you knew that Bradford Strock, Jr. had a history of immunosuppression consisting of Imuran and Prednisone? Admit Deny 3. On January 9, 2004, you knew that Bradford Strock, Jr. had been referred to you in November of 2003 by his family physician, David A. Long, M.D., for evaluation of his skin lesions. Admit Deny 4. On January 9, 2004, you knew that Dr. Long's referral note on Bradford Strock, Jr., dated 11-13-2003, had informed you "for the skin lesions on his chest, I gave him antibiotics, 500 mg. P.O. BID, to ensure that he doesn't get any infection." Admit Deny 2 . , 5. On January 9, 2004, you knew that you had prescribed antibiotics to Bradford Strock, Jr. on 11-24-2003 following the biopsies you performed on him ("immunosupressed s/p renal transplant P.O. Cefazolin"). Admit Deny 6. On January 9, 2004, you knew that you had prescribed Bradford Strock, Jr. the antibiotic Cefadroxil 500mg for five (5) days duration related to his outpatient surgery on December 5, 2003 at CGOH? Admit Deny 7. On January 9, 2004, when Bradford Strock, Jr. presented to your office, you knew he was no longer on oral antibiotics from your last prescription to him? Admit Deny 8. On January 9, 2004, when Bradford K. Strock, Jr. presented to your office, you described Mr. Bradford Strock, Jr.'s lesion as "got red inflamed purulent and drained." Admit Deny 9. On January 9, 2004, you noted, "left shoulder top has largest area of erythema and swelling approximately 2 x 3 cm patch." Admit Deny 3 10. On January 9, 2004, you performed a wound culture of Bradford Strock, Jr.'s left clavicle lesion drainage. Admit Deny 11. On January 9, 2004, you performed a punch biopsy of Bradford Strock, Jr.'s left clavicle lesion. Admit Deny 12. On January 9, 2004, you did not prescribe or give Bradford Strock, Jr. any oral or IV antibiotics. Admit Deny 13. On January 9, 2004, you did not note or record that Bradford Strock, Jr. was in toxic shock or was suffering from septicemia. Admit Deny Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP ell Du . Barrick, Esquire I.D. No. 77400 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date: 4 CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, do hereby certify that I am this d 1'?'day of May, 2007 serving a true and correct copy of Plaintiff's Request for Admissions Directed to Defendant Dr. de Ramon upon all counsel of record via postage prepaid first class United States mail addressed as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendant Richard A. de Ramon, M.D. Jessie K. Walsh ? ?? ??-? ?? `? -rz --? ?.. r7 ?, . ??? , ,,. _ r?? -, -:-? - n.? `?,? cn THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A `SUBPOENA PURSUANT TO RULE 4009x2 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the Defendants certify that (1) a Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed to Plaintiffs attorney on June 6, 2008 which is at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the Notice of Intent, including the proposed Subpoena attached to the Notice of Intent, is attached to this certificate; (3) no objection to the Subpoena has been received; and (4) the Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoena. THOMAS, THOMAS & HAFER, LLP h G-? SARAH W. AROSELL, ESQUIRE I.D. 58797 305 N. FRONT STREET, P. O. BOX 999 HARRISBURG, PA 17108-0999 (717) 255-7231 ATTORNEY FOR DEFENDANTS Date: 612?/UO THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 MEDICAL MALPRACTICE JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Duane S. Barrick, Esquire Navitsky, Olsen and Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Defendants intend to serve a Subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoena. If no objection is made, the Subpoenas may be served. TH7 THOMAS A&AFER,,LLP SARAH W. AROSELL, ESQUIRE I.D. 58797 305 NORTH FRONT STREET, P. O. BOX 999. HARRISBURG, PA 17108-0999 (717) 255-7231 Date: G ATTORNEY FOR DEFENDANTS 0 ? SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants 100 South Second Street, Harrisburg, PA 17101 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A set of recuts of pathology slides from Case #52004-000888, collection date 1/9/04, for Bradford K. Strock, Jr., SS #210-40-0838, DOB 7/2/49 and copies of any pathology department records relating to the processing of Case #S2004-000888 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Sarah W. Arosell, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7231 SUPREME COURT ID No: 58797 ATTORNEY FOR: Defendants By the Court: DATE: MEDICAL MALPRACTICE JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Linda Byers, Custodian of Records, Pinnacle Health System, Medical Sciences Building, Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE I, SARAH W. AROSELL, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Duane S. Barrick, Esquire NAVITSKY, OLSON & WISNESKI, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP SARAH W. AROSELL, ESQUIRE Date: U? 422601.4 CERTIFICATE OF SE=RVICE I, SARAH W. AROSELL, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Nijole C. Olson, Esquire NAVITSKY, OLSON & WISNESKI, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP 0111 " J12 SSAR)kH W. AROSELL, ESQUIRE Date: C`? ?, ?" ? _ '"'" :?: r : .y .: ? l ? ? C ? , '{a r_i.. ?.? .,!; y?,. __ ... ?_'? THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 MEDICAL MALPRACTICE JURY TRIAL DEMANDED DEFENDANTS' MOTION FOR CASE MANAGEMENT CONFERENCE PURSUANT TO PA. R.C.P. 1042.41 AND NOW come Defendants, Richard A. deRamon, M.D. and deRamon Plastic Surgery Institute, P.C. by and through their attorneys, Thomas, Thomas & Hafer, LLP, and hereby move this Honorable Court for a Case Management Conference pursuant to Pa. R.C.P. 1042.41 and aver as follows: 1. This medical professional liability action was commenced by Writ of Summons filed on January 6, 2006. 2. Plaintiff filed her Complaint and Certificate of Merit on February 23, 2006. 3. Defendants responded to the Complaint on March 17, 2006. 4. Discovery in this case has been ongoing. 5. Plaintiff is represented in this matter by Nijole C. Olson, Esquire, Navitsky, Olson & Wisneski, LLP, 2040 Linglestown Road, Suite 303, Harrisburg, PA 17110; 717- 541-9205. 6. Defendants are represented in this matter by Sarah W. Arosell, Esquire, Thomas, Thomas & Hafer, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA, 17108; 717-255-7231. 7. Pursuant to Pa. R.C.P. 1042.41, Defendants respectfully request that the Court schedule a Case Management Conference in order to establish deadlines for the completion of all discovery, the exchange of all expert reports and rebuttal reports, any dispositive motions and a trial date certain. 8. Plaintiff's counsel concurs in this Motion for a Case Management Conference. 9. No Judge has previously ruled upon any issue in this matter. WHEREFORE, it is respectfully requested that this Honorable Court schedule a Case Management Conference to move this case towards resolution. DATE: ?// 7/0 f- Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: a Sarah W. Arosell, Esquire I.D.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendants 620753-1 CERTIFICATE OF SERVICE AND NOW, this _d day of September, 2008, I, Sarah W. Arosell, Esquire, of Thomas, Thomas & Hafer, LLP, attorneys for Defendant, hereby certify that I have this day served the foregoing document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Nijole C. Olson, Esquire NAVITSKY, OLSEN AND WISNESKI, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 By: Get arah W. Arosell, Esquire 620753-1 cb.. - ?' Via.. fi ca i t Spp 2 4 20086, THOMAS, THOMAS d HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 Plaintiff v RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED PROPOSED ORDER AND NOW, this <.-::;2q day of , 2008, upon consideration of Defendants' Motion for Case Management Conference, and any response thereto, it is hereby ORDERED that said Motion is GRANTED and a Status Conference is scheduled for the day of `) 2008, at a.m./}pom before the Honorable `>) in Courtroom . BY THE COURT: 620753-1 oasp + rv Itt-v 00 ,Z d R d3S 6001 -j 3Hi :10, SHARON L. STROCK, Individually and as Administratrix of the ESTATE OF BRADFORD K. STROCK, JR., Plaintiff V. RICHARD A. de RAMON, M.D., and : De RAMON PLASTIC SURGERY INSTITUTE, P.C. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 06-090 Civil CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY CLAIM JURY TRIAL DEMANDED ORDER AND NOW, this 10th day of November, 2008, pursuant to the Case Management Conference held on the 5th day of November, 2008 at 10:00 a.m. in Chambers, the following Pretrial deadlines are set in this case: 1. All depositions and discovery are to be conducted by January 15, 2009. 2. Plaintiff is to produce any additional expert reports by February 2, 2009. 3. All defense expert reports are due by March 2, 2009. 4. Plaintiff's rebuttal expert reports are due by April 1, 2009. 5. Counsel for all parties will explore Mediation, which, if agreeable, shall be conducted on or before April 15, 2009. 6. A Pretrial Conference in this matter will be conducted on June 10, 2009. 7. Counsel for all parties are considered attached for trial, which will be begin Monday, June 29, 2009 and continue until completion. BY THE COURT: Nijole Olson, Esquire Attorney for Plaintiff ?\ -? ?AA M.L. Ebert, Jr., J. Sarah Arosell, Esquire Attorney for Defendant • Oka rh 1 1', , - &A5 II zjve .. - ,,, ?i ?. , ?-, ? ;."13 THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 400.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the Defendants certify that (1) a Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed to Plaintiffs attorney on January 8,2009; (2) a copy of the Notice of Intent, including the proposed Subpoena attached to the Notice of Intent, is attached to this certificate; (3) Plaintiffs counsel has indicated she has no objection to the Subpoena and is willing to waive the remainder of the 20-day notice; and (4) the Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoena. THOMAS, THOMAS & HAFER, LLP SARAH W. AROSELL, ESQUIRE I.D. 58797 305 N. FRONT STREET, P. O. BOX 999 HARRISBURG, PA 17108-0999 (717) 255-7231 ATTORNEY FOR DEFENDANTS Date: / ?? J? ? THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff NO. 90-2006 V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE ;A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Nijoie C. Olson, Esquire NAVITSKY, OLSEN & WISNESKI, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Defendants intend to serve a Subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoena. If no objection is made, the Subpoena may be served. T THOMAS 8 AFER, LLP avle? SARAH W. AROSELL, ESQUIRE I.D. 58797 305 NORTH FRONT STREET, P. O. BOX 999. HARRISBURG, PA 17108-0999 (717) 255-7231 ATTORNEY FOR DEFENDANTS Date: 0/o SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 V. RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Family Medicine Center of Camp Hill/David A. Long, M.D., 4076 Market Street, Camp Hill, PA 17011-4200 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of your patient appointment book or office appointment schedule (with all patient names redacted, other than Bradford Strock) for January 8 and/or 9, 2004 and any computerized records or telephone records or other notations regarding a request for an appointment or evidence of an appointment being scheduled for January 8 and/or 9, 2004 for Bradford K. Strock, Jr., SS #210-40-0838, DOB 7/2149. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with ft. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Sarah W. Arosell. Esquire ADDRESS 305 N. Front Street. P. 0. Box 999 Harrisburg. PA 17108 TELEPHONE: (717) 255-7231 SUPREME COURT ID No: 58797 ATTORNEY FOR: Defendants DATE: By the Court: Seal of the Court Prothonotary Deputy CERTIFICATE OF :SERVICE I, SARAH W. AROSELL, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Nijole C. Olson, Esquire NAVITSKY, OLSEN & WISNESKI, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP (:;01-4 4t)) SARAH W. AROSELL, ESQUI Date: //V o 422601.5 CERTIFICATE OF SERVICE 1, SARAH W. AROSELL, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Nijole C. Olson, Esquire NAVITSKY, OLSON & WISNESKI, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP Af .4d S AH W. AROSE L, ESQUIRE Date: ?-o ?j rv THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17708-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants NO. 90-2006 MEDICAL MALPRACTICE JURY TRIAL DEMANDED DEFENDANTS' MOTION FOR TRIAL CONTINUANCE AND NOW come Defendants, Richard A. deRamon, M.D. and deRamon Plastic Surgery Institute, P.C. by and through their attorneys, Thomas, Thomas & Hafer, LLP, to respectfully request a continuance of the trial scheduled for the week of June 29, 2009 and, in support thereof, aver as follows: 1. This medical professional liability action was commenced by Writ of Summons filed on January 5, 2006. 2. Plaintiff filed her Complaint and Certificate of Merit on February 23, 2006. 3. Defendants responded to the Complaint on March 17, 2006. 4. In response to Defendants' Motion for Case Management Conference Pursuant to Pa. R.C.P. 1042.41, a Status Conference was scheduled for November 5, 2008 before the Honorable M. L. Ebert, Jr. 5. Following the Status Conference, a scheduling Order was entered by Judge Ebert on November 10, 2008. A copy of the Order is attached hereto as Exhibit "A." 6. Pursuant to the November 10, 2008 Order, the parties were attached for trial beginning during the week of June 29, 2009. 7. On May 11, 2009 defense counsel was advised by Dr. deRamon's wife that he had suffered an acute medical event and was under the care of a specialist. 8. With Dr. deRamon's permission, defense counsel spoke with his treating physician and advised him of this pending legal case and trial scheduled to begin on June 29, 2009. 9. It is the medical specialist's recommendation that Dr. deRamon not be involved in or present for any court related issues for a period of three (3) months while he continues to receive care and treatment for his condition 10. On May 13, 2009, Dr. deRamon's treating physician faxed correspondence to defense counsel setting forth his recommendation. This correspondence was shared with Plaintiff's counsel on May 15, 2009. 11. In telephone conversation with Plaintiff's counsel on May 15, 2009, she indicated that she would not object to the defendants' request for a trial continuance. 12. This case has never been previously continued for purposes of trial. 697383-1 WHEREFORE, Defendants respectfully request that this Honorable Court grant their Motion and issue an Order continuing this case from the June 29, 2009 civil trial term to be re-listed for trial by either party in accordance with Cumberland County Rule of Procedure 214-1. DATE: /% I?OO J Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: (; cttaza - Sa ah W. Arosell, Esquire I.D.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendants 697383-1 MY, 2C1,09 SHARON :L. STROCK, Individually and as Administratrix of the ESTATE OF BRADFORD K. STROCK, JR., Plaintiff V. RICHARD A. de RAMON, M.D., and De RAMON PLASTIC SURGERY INSTITUTE, P.C. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 06-090 Civil CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY CLAIM JURY TRIAL DEMANDED ORDER AND NOW, this 10th day of November, 2008, pursuant to the Case Management Conference held on the 5`h day of November, 2008 at 10:00 am. in Chambers, the following Pretrial deadlines are set in this case: 1. All depositions and discovery are to be conducted by January 15, 2009. 2. Plaintiff is to produce any additional expert reports by February 2, 2009. 3. All defense expert reports are due by March 2, 2009- 4. Plaintiff's rebuttal expert reports are due by April 1, 2009. 5. Counsel for all parties will explore Mediation, which, if agreeable, shall be conducted on or before April 15, 2009. 6. A Pretrial Conference in this matter will be conducted on June 10, 2009. 7. Counsel for all parties are considered attached for trial, which will be begin Monday, June 29, 2009 and continue until completion. BY THE COURT: Nijole Olson, Esquire Attorney for Plaintiff Sarah Arosell, Esquire Attorney for Defendant M.L. Ebert, Jr.,' J. rRUE COPY FROM RECORu Testimony whereof, I hero wo set my law .0 ttw'seal of said Courts CaIsk„ ft EXHIBIT "A" CERTIFICATE OF SERVICE AND NOW, this _1rday of 2009, I, Sarah W. Arosell, IAPKe? Esquire, of Thomas, Thomas & Hafer, LLP, attorneys for Defendant, hereby certify that I have this day served the foregoing document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Nijole C. Olson, Esquire NAVITSKY, OLSEN AND WISNESKI, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 By: Sarah W. Arosell, Esquire 697383-1 ?nnn + . , Z,. ! 7 r,` L'v 1i r, A i ti i I l _' l r?? MAY 2 0 .2009 6? THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 90-2006 Plaintiff v RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants MEDICAL MALPRACTICE JURY TRIAL DEMANDED PROPOSED ORDER AND NOW, this day of I"1 ay , 2008, upon consideration of Defendants' Motion for Trial Continuance, and any response thereto, it is hereby ORDERED that said Motion is GRANTED and this case is continued from the June 29, 2009 civil trial term to be re-listed for trial by either party in accordance with Cumberland County Rule of Procedure 214-1. Ni'ole Olson, Esquire 1 Attorney for Plaintiff ./Sarah W. Arosell, Esquire Attorney for Defendants 0-40 P M471 [CC( 697383-1 s a Ili BY THE COURT: J. Ul'?`. P;0 :t, ?IJ I Z HN HE .; :5HI -110 SHARON L. STROCK, IN THE COURT OF COMMON PLEAS OF Individually and as CUMBERLAND COUNTY, PENNSYLVANIA ADMINISTRATRIX OF THE ESTATE OF BRADFORD K. STROCK, JR., Plaintiff v CIVIL ACTION - LAW RICHARD A. DE RAMON, M.D. and DE RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants 06-0090 CIVIL TERM IN RE: FOR TRIAL ORDER OF COURT AND NOW, this 2nd day of June, 2009, upon consideration of the call of the civil trial list, and it appearing that the above-captioned case was scheduled for trial by order of Court, it will remain on the trial list, notwithstanding that neither counsel appeared to call the case for trial. By the Court, ___ I &" . W sley Ole , Jr., J. ? Nijole Olson, Esquire 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 For Plaintiff ./Sarah Arosell, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 For Defendants Court Administrator :mae COP,& rn?zf I?CL &114 ,*;rl ter, - 64 'GIC- er? avo F Jcw -3 A/'rl !af 3 nn-? n p l:te.M C+cc a o Pe-4-.u.3 rY Cum a P. c?yc-e?, 4???7 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: K] for JURY trial at the next term of civil court. ? for trial without a jury. ------------------------------------------------------------ CAPTION OF CASE (check one) (entire caption must be stated in full) Sharon L. Stro :k, Individmlly and as Civil Action - Law ? Appeal from arbitration Administtatria of the Estate of Bradfcxrd K. Stroc.*, Jr. ? (other) (Plaintiff) vs. The trial list will be called on 25. 2009 Ridbard NjgWwW,,H.D. and and in is Institute. D Trials commence on S 21_, 2009 (Defendant}F Pretrials will be held on Septeoftar 2. 2009 vs (Briefs are due S days before pretrials No. 06-M , Civil Term Indicate the attorney who will try case for the party who files this praecipe: Ni ole C. Olson, Esc Indicate trial counsel for other parties if known: Sarah Ar ooe N.."IZZ This case is ready for trial. Signed: Print Name: Date: July 30, 2009 Attorney for: VROW" CA /-ri- FILED--O;+ICE OF THE PROTHIOI OTAPY 2005 AUG -°3 Ali 40: } 9 PENNS" LV NtA -*aS oo PO <A 7Ty eto iI 3 a.2l T _ r SHARON L. STROCK, Individually and as Administratrix of the Estate of Bradford K. Strock, Jr., Plaintiff v RICHARD A. DeRAMON, M.D. and DeERAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants No. 12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 06-090 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 25th day of August, 2009, upon consideration of the call of the civil trial list in the above-captioned case, and following a conference in chambers in which the Plaintiff was represented by Nijole C. Olson, Esquire, and the Defendants were represented by Sarah W. Arosell, Esquire, and pursuant to an agreement of counsel, it is ordered and directed that the case is stricken from the September 2009 trial list, and counsel are directed to relist this case for the November 2009 trial term. Pursuant to further agreement of counsel, it is ordered and directed that any decision as to mediation, binding or nonbinding, shall be arrived at on or before September 15, 2009. By the Court, 1 FILED t IrE OF THE f' ;r.,,',.O Y 2909 AUG 81 AM 11: 08 CUM, u /jole C. Olson, Esquire 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 For Plaintiff /arah W. Arosell, Esquire 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 For Defendants Court Administrator :mae PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ?X for JURY trial at the next term of civil court. ? for trial without a jury. ---------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) SHAW L. SIROCK Indiv.iduaUy and as 0 Civil Action - Law Administrat lx o the ESTWTE OF HRADFORD ? Appeal from arbitration K. SI'ROCK, JR., ? (other) (Plaintiff) vs. The trial list will be called on October 20, 2009 RIC ARD A. deRAl! M, M.D. and and DePJVM PLASTIC SURGERY INSTITUTE, P_C Trials commence on November 16, 2009 (Defendant) Pretrials will be held on October 28, 2009 vs. (Briefs are due 5 days before pretrials No. 06-090 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Nijole C. Olson, Esquire Indicate trial counsel for other parties if known: Sarah Arosell, Esquire This case is ready for trial. Signed: Print Name: Date: 0 Attorney for: 1?y . 4 L? 2009 SEP 21 I'll 2. Q 7 ?:,, ., THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7231 Attorneys for Defendants SHARON L. STROCK, Individually and as Administratrix of the Estate of BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v RICHARD A. de RAMON, M.D. and de RAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants NO. 90-2006 MEDICAL MALPRACTICE JURY TRIAL DEMANDED DEFENDANTS' MOTION FOR TRIAL CONTINUANCE AND NOW come Defendants, Richard A. deRamon, M.D. and deRamon Plastic Surgery Institute, P.C. by and through their attorneys, Thomas, Thomas & Hafer, LLP, to respectfully request a continuance of the trial scheduled for the week of November 16, 2009 and, in support thereof, aver as follows: 1. This medical professional liability action was commenced by Writ of Summons filed on January 5, 2006. 2. Plaintiff filed her Complaint and Certificate of Merit on February 23, 2006. 3. Defendants responded to the Complaint on March 17, 2006. 4. In response to Defendants' Motion for Case Management Conference Pursuant to Pa. R.C.P. 1042.41, a Status Conference was scheduled for November 5, 2008 before the Honorable M. L. Ebert, Jr. 5. Following the Status Conference, a scheduling Order was entered by Judge Ebert on November 10, 2008. 6. Pursuant to the November 10, 2008 Order, the parties were attached for trial beginning during the week of June 29, 2009. 7. On May 11, 2009 defense counsel was advised by Dr. deRamon's wife that he had suffered an acute medical event and was under the care of cardiologist, Jeffrey S. Fugate, D.O.. 8. On May 13, 2009, Dr. Fugate faxed defense counsel correspondence that included his recommendation that Dr. deRamon not be involved in, or present for, any court related issues for a period of three (3) months while he continues to receive care and treatment for his condition. See Exhibit "A" attached hereto. 9. Due to Dr. deRamon's health concern, Plaintiffs counsel indicated that she would not object to the Defendants' request for a trial continuance. 10. On May 21, 2009, The Honorable Judge Ebert signed an Order granting Defendants' request for a continuance, with either party permitted to re-list the case for trial. 11. On July 30, 2009, Plaintiffs counsel filed a Praecipe for Listing Case for Trial for the term beginning September 21, 2009. 12. On August 14, 2009, defense counsel received a second letter from Dr. deRamon's treating cardiologist, Dr. Jeffrey S. Fugate, indicating that Dr. deRamon recently had another significant change in his medical status from a cardiovascular 697383-1 standpoint. Dr. Fugate's recommendation at that time, was that Dr. deRamon not be involved in any legal issues until after January 1, 2010. See Exhibit "B" attached hereto. 13. On August 25, 2009 counsel appeared at the Call of the Civil Trial List before the Honorable J. Wesley Oler, Jr. Defense counsel raised an objection to the trial listing, based on Dr. deRamon's continued cardiac condition and the specific recommendation of his treating cardiologist. A copy of Exhibit B was provided to the Court and Plaintiffs counsel, but not filed. 14. Following an in chambers conference of counsel with Judge Oler, and with an agreement to try to schedule a mediation in September - October, Plaintiff's counsel agreed to strike the case from the September 21, 2009 trial list. 15. On August 25, 2009, Judge Oler entered the Order attached hereto as Exhibit "C." Counsel were directed by Judge Oler to relist the case for the November 2009 trial term. 16. On September 8, 2009, Dr. deRamon's treating cardiologist, Dr. Jeffrey Fugate faxed defense counsel a third letter expressing his continued concern that his recommendation for a trial date after January 1, 2010 was disregarded. See Exhibit "D" attached hereto. 17. On September 18, 2009, Plaintiff's counsel filed a Praecipe for Listing Case for Trial for the term beginning November 16, 2009. 18. Mediation has, in fact, been scheduled for October 26, 2009 in a good faith effort to try to resolve this case. However, this case remains on the November 16, 2009 trial list. 697383-1 19. Given Dr. Fugate's legitimate concern that the stress, of what will likely be at least a six (6) day trial, could aggravate Dr. deRamon's underlying coronary spasm, which has already lead to one myocardial infarction this year, Defendants respectfully request that this case be stricken from the November 16, 2009 trial list and re-listed for the first civil trial term in 2010. 20. Plaintiff will not be prejudiced by the 2 % month delay, in that the case is ready in all respects for trial and a good faith effort at mediation is scheduled for October 26, 2009. Plaintiff does not concur in this Motion. WHEREFORE, Defendants respectfully request that this Honorable Court grant their Motion and issue an Order continuing this case from the November 16, 2009 civil trial term to be re-listed for trial during the February 1, 2010 trial term by either party in accordance with Cumberland County Rule of Procedure 214-1. DATE: / 0/1IV O T Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: GZt Sarah W. Arosell, Esquire I.D.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendants 697383-1 =ROM ASSOC. CAROr OLOGISTS <WEO)MAV 13 2009 •.?0315T. 9: 03/No. 7532162822 P 2 ssociated I LO I !STI IS ?A R,[ PC. LA n 2808 Old Post Road 856 Century Drive Harrisburg. PA 17110 Mechanicsburg, PA 17055 Phone: (717) 920-4400 • FAX: UM 920-4401 • 1-800-845-1742 L. ore t Dose. FACC (1941-1998) Donald C Durbeck. M.D. FACC, (RET) May 13, 2009 IeSrey S. Fugate. D.O. FACC Stuart B. Pink M.D. FACC FSC41 RE: Richard De Ramon Kenneth J. May,Jr_MD. FACC. FSCAI Robert A.Skomicki. D.U. FACC.FSCAI To Whom It May Concern: David L. Scher. M.D. FACP, FACC. FHRS joy C L. Cotton. M.D. Dr. Richard De Ramon is under my care. FACC Ito Sackrnan.M.D. I am recommending that he not be involved in any legal issues or be present for any court FACC related issues for three months. Robert D. Aronoff. M.D. FACC. FS CAI Please contact me if there are any questions. David C. Man. M.D. FACC Edward C. Brennan ft. D.O. FACC Si rely, ?rjDD-,, Andreas U. Wati. MD. FACC. FSCAI iC . Michael D. Bosak. MD. eff u ate FA FACC. FSCAI S Lenke ErkL MD. 13-09 Rajesh M. Dave. MD. FACC. FSCAI Cc Sarah Arosell, Esquire - faxed to 237-7105 Sang K. Kim. MD. FACC Safwat A. Cassis. MD. FACC Chnstophcr L SpvwL DO. FACC ICAEL A-whid Fih-di" o. Laemama• ?tz&ted Yas IC A ?rL ? 4.aboratot? IC A.NL Nuclear carviwogy A=.dnd Nu'Leo! From: CENTURY DR. A. C. Billing ssociated 2808 Old Four Road 856 Cenary Drive Harrisburg. PA 17110 Mechanicsburg. PA 17055 Phone: (717) 920.4400 • FAX: (717) 920-4401 • 1.800.845-1742 L Brice Akhouse. MD. FACC(1944199B) Donald CDwbeclL M.D. FACC.IRM Jeffrey 5. Fugate. DO. FACC Swett B. Pink. MD. FACC FSCat Kennerh j. May, jr, MD. FACC FSCA1 RobercA.Sko09cK. D.C) FACC, FSCA1 David LSdhrc MD. FACP. FACC. FHRS joyC L Ca®n. MD. FACC Ira Sedurmn. MD. FACC Robert D Arowt MD FACC, FSC41 David CMan. M.D. FACC Edward CBrennan. jr. DA_ FACC Andreas U Well. M.D. FACC FSCA1 Michael D. Bosek, MD. FAM FSC AI Lerhm Erfd. MD Kajesh M. Dam MD FACC. FSCAI Sang K.rm.M.D. FACC SafwaCA Gassis. M.D. FAC:C a vhtopbwLSpkEW,DD. FACC V. 9 r ICAEL A-ald adlo-dhepy1 .&tbd V, LcAy. taboratorl ICAN Mhdear carubw AcaaaeadAW W Gvda WLAboarary August 14, 2009 RE: Richard DeRamon DOB: 0411011963 SS: 089-62-6822 TO WHOM IT MAY CONCERN: Dr. Richard DeRamon continues to be under my care from the cardiovascular standpoint He recently had another significant change in his medical status and I am recommending that he not be involved in any legal issues until after January 1, 2010. If I can be of further assistance, please do not hesitate to contact me. Jeffrey S. Fugate, D.O., FACC JSF/s!f D: 08-14-09 T: 08-14-09 Faxed to Sarah Arbself.at 237-7105 717 591 7158 08/14/2009 12:57 #745 P.001/001 SHARON L. STROCK, Individually and as Administratrix of the Estate.-of _ Bradford K. Strock, Jr., Plaintiff °1 No. 12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v RICHARD A. DeRAMON, M.D. and DeERAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants 06-090 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 25th day of August, 2009, upon consideration of the call of the civil trial list in the above-captioned case, and following a conference in chambers in which the Plaintiff was represented by Nijole C. Olson, Esquire, and the Defendants were represented by Sarah W. Arosell, Esquire, and pursuant to an agreement of counsel, it is ordered and directed that the case is stricken from the September 2009 trial list, and counsel are directed to relist this case for the November 2009 trial term. Pursuant to further agreement of counsel, it is ordered and directed that any decision as to mediation, binding or nonbinding, shall be arrived at on or before September 15, 2009. By the Court, From:CENTURY DR. A.C. Billing ssociated L BnseAk1==M.D. FA(C (19414998) 2808 Old Pau Road Harrisburg. PA17110 #844 P.002/002 856 Century Drive Mechanicsburg. PA x7055 Phone: (717) 920.4400 • FAX: aM 9204401 • 1.800-845-1142 DocreldGDwbxk MD. September 8, 2009 rru? rRerJ Jamey's Da eAcc RE: Richard deRamon Stuart&NA.MD. DOB: 04/1011963 FAM FSCAI Kennedy). Mayjr- MD. riCr- FSCAT To Whom It May Concem: RobertA Sbotnic K UO FACC. FSCAI 1 have been advised by Dr. deRamon that my prior written recommendation that he not be °a"a LSdw " involved in any legal issues until January, 2010, has been disregarded. It is my WS FRCP. FACG AIRS understanding that Dr. deRamon is being asked to make eritical decisions regarding a joy GLCotmmMZ and face a trial the week of I1-16-09. 15-09 09 it b FACC , - y pending law su Ira sadmmm Ma BACC RobatDLkWWk Mn FAA FSC M David C. Man. MD. FACC Edward G Braman. Jr. DA. FAACC And= UAW. Mn FACT- FSCA1 Ndmd D Bank. MD. FAMN;rA1 Ladae Edd.MD. AW* M Dave. MD. FACC. FSCAI sang K. Mm Mn FACC Sa&atAGouiLMD. FACC ChMmpherLVzdakD+bt P= 'k icvEi A.-O dBi-M.G.A W rd.a7 4 zaboratos4 1CANL NodurC?dobyy gtaalepyt?ba?rwy I am very concerned about his cardiovascular status in proceeding at this time. I met Dr. deRamon for the first time the week after his acute myocardial infarction in May, 2009. 1 then became his cardiologist. He was readmitted one month later with another episode of chest pain which lead to a second catheterization and the etiology of his myocardial infarction appears to be coronary vasospasm. I feel that any type of stressful situation could aggravate this coronary vasospasm and lead to another myocardial infarction. I therefore feel that proceeding with his legal issues at this time is very threatening to his life. We have allowed Dr. deRamon to go back to work and fortunately, with the aid of appropriate medication, he has not had recurrent spells of chest pain in that environment. I feel that stress from a work situation is differant than the stress from his legal issues and again am very concerned that this could lead to recurrent chest pain. Therefore, 1. feel he should have 6 months of being pain free before proceeding to any legal issues. I would be glad to discuss this with whoever has interest including the Judge of this case. I also would be happy to have another cardiac opinion obtained if that would help. However, I again feel strongly that Dr. deRamon needs this period of time to prove that he is pain free before he gets into a situation where stress could aggravate what appears to be underlying coronary spasm which has already lead to one myocardial infarction this year. Again, I would i glad to di uss this with anyone who has interest. Jeffr F ate, DO, FACC JSF/nlh Cc: Sarah W. Arosell, Esquire 717 591 7153 09/08/2009 10:11 CERTIFICATE OF SERVICE AND NOW, this LC day of 0C1y1Zz,4,- , 2009, I, Sarah W. Arosell, Esquire, of Thomas, Thomas & Hafer, LLP, attorneys for Defendant, hereby certify that I have this day served the foregoing document via fax addressed to: Nijole C. Olson, Esquire NAVITSKY, OLSEN AND WISNESKI, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 By: ,,, 4,,ca4Ja"a<-- Sarah W. Arosell, Esquire 697383-1 Lu??i J. tj t P' SHARON L. STROCK, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF BRADFORD K. STROCK, JR., Plaintiffs v RICHARD A. DeRAMON, M.D., AND DeRAMON PLASTIC SURGERY INSTITUTE, P.C., Defendants NO. 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 06-90 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 20th day of October, 2009, upon consideration of Defendants' motion for trial continuance, and following a conference in chambers of the undersigned Judge, in which Plaintiffs were represented by Nijole C. Olson, Esquire, and Defendants were represented by Sarah Arosell, Esquire, Defendants' motion for trial continuance is granted, with the reluctant acquiescence of Plaintiffs' counsel, and counsel are directed to relist this case for trial during the trial term following the forthcoming trial term. Pursuant to an agreement of Defendants' counsel, upon which this continuance is conditioned at the request of Plaintiffs' counsel, no further continuances will be granted to the Defendants for any reason. By the Court, J.? eWley Olerj ? ?, J. ?Nijole C. Olson, Esquire 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 For Plaintiffs ...,XSarah Arosell, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 For Defendants Court Administrator mae cap ES rn?L? I !0/2,x,1 car OF i { ?V? ONOW 210! OCT 26 AM 10: 17 iY&? SHARON L. STROCK, Individually and as Administratrix of the ESTATE OF BRADFORD K. STROCK, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 06-090 Civil V. RICHARD A. de RAMON, M.D., and De RAMON PLASTIC SURGERY INSTITUTE, P.C. Defendants th AND NOW, this 15 - day of CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY CLAIM JURY TRIAL DEMANDED ORDER '0 eC.tw ?o ve 2009, upon consideration of the attached Petition for Approval of Decedent's Compromise Settlement and Distribution of Proceeds, IT IS HEREBY ORDERED THAT: 1) Settlement of the above-captioned action by Sharon L. Strock, Individually and as Administratrix of the Estate of Bradford K. Strock, Jr., in accordance with the terms of the Petition, is hereby ratified and approved. Sharon L. Strock is authorized to execute the Release in this matter and mark the above-captioned action settled, discontinued and ended as to Defendants. 2) All proceeds will be allocated as set forth in paragraph 16 of Plaintiff's Petition for Approval of Decedent's Compromise Settlement and Distribution of Proceeds. 3) Pursuant to the Release language at paragraph 10, this Petition for Court Approval of Decedent's Compromise Settlement and Distribution of Proceeds and Order are hereby sealed. BY THE COURT: FILED-OtTiCE OF T I PROTHONOTARY 2009 DEC 15 PIS 3: 24 PEE NA SHARON L. STROCK, Individually and as Administratrix of the ESTATE OF BRADFORD K. STROCK, JR., Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 06-090 Civil CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY CLAIM RICHARD A. de RAMON, M.D., and De RAMON PLASTIC SURGERY INSTITUTE, P.C. Defendants JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned action settled, ended and discontinued. Respectfully AVITSKY. LLP Nijole Olson, squire I.D. N . 55287 2040 L nglestown oad, Suite 303 Harrisb rg, PA 171 0 717/541 205 Counsel f Plaintiff Date: December 21, 2009 CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm ofNavitsky, Olson & Wisneski LLP, hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue was served upon the following person by first-class United States mail, postage prepaid on December 21, 2009 as follows: Sarah W. Arosell, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendant Richard A. de Ramon, M.D. and de Ramon Plastic Surgery Institute, P.C. Lois E. Stauffer xr