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HomeMy WebLinkAbout06-2753ti HAINES & ASSOCIATES By: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire 1700 Market Street Suite 2710 Philadelphia, Pennsylvania 19103 Phone: 215-246-2200 Attorney I.D. Nos.: 09882, 201592 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 Plaintiff VS. Holy Spirit Hospital 503 N. 21st Street Camp Hill, Pennsylvania and David Greenberg, M.D. Holy Spirit Hospital Dept of Radiology and Diagnostic Imaging 503 N. 21 s' Street Camp Hill, Pennsylvania 17011 and Charles Yanofsky, M.D. Pennsylvania Neurological Associates, Ltd. 108 Lowther Street Lemoyne, PA 17043 and Robert Kantor, M.D. 205 South Front Street P.O. Box 8700 Harrisburg, PA 17105-8700 Attorneys for Plaintiff JURY TRIAL DEMANDED O_ - x7653 (1, ? L' -V? PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONTARY: Kindly issue a Summons in the above-captioned matter. By: 6?? (?' wa_'f? f CLIFFORD E. HAINES Attorney for Plaintiff f 1 ca a -o ? N G W cn n ?rn O HAINES & ASSOCIATES By: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire 1700 Market Street Suite 2710 Philadelphia, Pennsylvania 19103 Phone: 215-246-2200 Attorney I.D. Nos.: 09882, 201592 Attomeys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 Plaintiff vs. Holy Spirit Hospital 503 N. 215Street Camp Hill, Pennsylvania and David Greenberg, M.D. Holy Spirit Hospital Dept of Radiology and Diagnostic Imaging 503 N. 21 s` Street Camp Hill, Pennsylvania 17011 and Charles Yanofsky, M.D. Pennsylvania Neurological Associates, Ltd. 108 Lowther Street Lemoyne, PA 17043 and Robert Kantor, M.D. 205 South Front Street P.O. Box 8700 Harrisburg, PA 17105-8700 JURY TRIAL DEMANDED l? 1?!L 4tp - a'YS3 lot WRIT OF SUMMONS IN CIVIL ACTION TO: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. DATE: May 15.2006 By: HAINES & ASSOCIATES By: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire 1700 Market Street Suite 2710 Philadelphia, Pennsylvania 19103 Phone: 215-246-2200 Attorney I.D. Nos.: 09882, 201592 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 JURY TRIAL DEMANDED Plaintiff vs. Holy Spirit Hospital CIVIL ACTION NO.: 06-2753 and David Greenberg, M.D. and Charles Yanofsky, M.D. and Robert Kantor, M.D. PRAECIPE TO REISSUE SUMMONS TO THE PROTHONTARY: Kindly reissue the Summons in the above-captioned matter. t By: E tfn ELI BETH CIPOLLETTI, ESQUIRE Attorneys for Plaintiff t'j ? C i C_ cr .-t c...- S -n _?''? _ t W l_:, ?.- ?? ? _ - ,'ri r ? N -? .j Ts^ :< DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR DEFENDANT BY: FRANCIS E. MARSHALL, JR., ESQUIRE HOLY SPIRIT HOSPITAL ATTORNEY ID. NO. 27594 BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 7314800 (Tel) (717) 7314803 (Fax) AARON LAIRD, Plaintiff IN THE COURT OF COMMON PLEAS v : CUMBERLAND COUNTY, PA : NO. 2006-2753 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION HOLY SPIRIT HOSPITAL, DAVID GREENBERG, M.D., CHARLES YANOFSKY, M.D. and ROBERT KANTOR, M.D., Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Francis E. Marshall, Jr., Esquire and Thomas M. Chairs, Esquire, on behalf of Defendant, Holy Spirit Hospital, in connection with the above-captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: June 14, 2006 By: 1 Francis . Marsha 1, Jr., Esquire Supreme Court I. D. #27594 Thomas M. Chairs, Esquire Supreme Court I.D. #78565 (Counsel for Holy Spirit Hospital) CERTIFICATE OF SERVICE AND NOW, this 14`h day of June, 2006, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing document upon all counsel of record or parties involved by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire HAINES & ASSOCIATES 1700 Market Street Suite 2710 Philadelphia, PA 19103 (Counsel for Plaintiff) David Greenberg, M.D. Holy Spirit Hospital Department of Radiology and Diagnostic Imaging 503 N. 21s` Street Camp Hill, PA 17011 Charles Yanofsky, M.D. Pennsylvania Neurological Associates, Ltd. 108 Lowther Street Lemoyne, PA 17043 Robert Kantor, M.D. 205 South Front Street P.O. Box 8700 Harrisburg, PA 17105-8700 to l .? ?? Sri ,s Ga CP 06-2753 AARON LAIRD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - LAW HOLY SPIRIT HOSPITAL, DAVID No. 06-2753 GREENBERG, M.D., CHARLES YANOFSKY, M.D., and ROBERT JURY TRIAL DEMANDED KANTOR, M.D., Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Stevens & Lee on behalf of Defendants David Greenberg, M.D. and Robert Kantor, M.D., in the above action. Serve all papers at 25 North Queen Street, Suite 602, P.O. Box 1594, Lancaster, Pennsylvania 17608-1594. Notice by copy hereof is given to all counsel of record. Dated: g (S9106 STEVENS LEE By: Christopher A. Stump, Esquire Attorney ID #49281 Todd R. Bartos, Esquire Attorney ID 484279 25 North Queen Street, Suite 602 P.O. Box 1594 Lancaster, PA 17608-1594 (717) 399-6638 Attorneys for Defendants David Greenberg, M.D. and Robert Kantor, M.D. SLI 647337vl/041199.00192 06-2753 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Entry of Appearance was served this )0 day of #„ 2005, by first class mail, postage prepaid, upon the following: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire 1700 Market Street Suite 2710 Philadelphia, PA 19103 STEVENS EE By: Christopher A. Stump, Esquire Attorney ID #49281 Todd R. Bartos, Esquire Attorney ID #84279 25 North Queen Street, Suite 602 P.O. Box 1594 Lancaster, PA 17608-1594 (717) 399-6638 Attorneys for Defendants David Greenberg, M.D. and Robert Kantor, M.D. SU 647337vl/041199.00192 r (_'1 >? ( } ? ?? Ii -T., C_ -i ? -. _._ ? ` -.?.-: 4l C c... =j _? r :. HAINES & ASSOCIATES By: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire 1700 Market Street Suite 2710 Philadelphia, Pennsylvania 19103 Phone: 215-246-2200 Attorney I.D. Nos.: 09882, 201592 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 JURY TRIAL DEMANDED Plaintiff vs. Holy Spirit Hospital : CIVIL ACTION NO.: 06-2753 and David Greenberg, M.D. and Charles Yanofsky, M.D. and Robert Kantor, M.D. PRAECIPE TO REISSUE SUMMONS TO THE PROTHONTARY: Kindly reissue the Summons in the above-captioned matter. By: dL aproNcloww rLIFIff D E. HA E ELI TH CIPOLLETTI, ESQUIRE Attorneys for Plaintiff Date: July 5. 2006 f- r•a s ^{ T . t 4,. 1 HAINES & ASSOCIATES By: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire 1700 Market Street Suite 2710 Philadelphia, Pennsylvania 19103 Phone: 215-246-2200 Attorney I.D. Nos.: 09882, 201592 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 JURY TRIAL DEMANDED Plaintiff VS. Holy Spirit Hospital CIVIL ACTION NO.: 06-2753 and David Greenberg, M.D. and Charles Yanofsky, M.D. and Robert Kantor, M.D. PRAECIPE TO REISSUE SUMMONS TO THE PROTHONTARY: Kindly reissue the Summons in the above-captioned matter. By: CLIFFORD I ES ELIZABETH CIPOLLETTI, ESQUIRE Attorneys for Plaintiff Date: August 2. 2006 ... {.. .;` C-. HAINES & ASSOCIATES By: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire 1700 Market Street Suite 2710 Philadelphia, Pennsylvania 19103 Phone: 215-246-2200 Attorney I.D. Nos.: 09882, 201592 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 JURY TRIAL DEMANDED Plaintiff VS. Holy Spirit Hospital CIVIL ACTION NO.: 06-2753 and David Greenberg, M.D. and Charles Yanofsky, M.D. and Robert Kantor, M.D. PRAECIPE TO REISSUE SUMMONS TO THE PROTHONTARY: Kindly reissue the Summons in the above-captioned matter. By: edla& L?? D E. HAINES ELI ETH CIPOLLETTI, ESQUIRE Attorneys for Plaintiff Date: August 31. 2006 n ti o o b rT 2 jj 7 e C-, ? ,. Z'p 'jY d v rn ?' w S HAINES & ASSOCIATES By: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire 1700 Market Street Suite 2710 Philadelphia, Pennsylvania 19103 Phone: 215-246-2200 Attorney I.D. Nos.: 09882, 201592 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 JURY TRIAL DEMANDED Plaintiff vs. Holy Spirit Hospital CIVIL ACTION NO.: 06-2753 and David Greenberg, M.D. and : Charles Yanofsky, M.D. and Robert Kantor, M.D. PRAECIPE TO REISSUE SUMMONS TO THE PROTHONTARY: Kindly reissue the Summons in the above-captioned matter. By: K?ctx '0 E LIF RD . HAINE ELI ETH CIPOLLETTI, ESQUIRE Attorneys for Plaintiff Date: September 28. 2006 c ca? -n fn 7 C; i AARON LAIRD, Plaintiff V. HOLY SPIRIT HOSPITAL, DAVID GREENBERG, M.D., CHARLES YANOFSKY, M.D., and ROBERT KANTOR, M.D., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-2753 JURY TRIAL DEMANDED PRAECIPE FOR A RULE COMPELLING PLAINTIFF TO FILE A COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon the Plaintiffs in the above captioned matter to file a Complaint within twenty (20) days of the Rule or suffer a judgment of non pros. Dated: STEVENS LEE By: Christopher .Stump, Esquire Attorney ID #49281 25 North Queen Street, Suite 602 P.O. Box 1594 Lancaster, PA 17608-1594 (717) 399-6638 Attorneys for Defendants David Greenberg, M.D. and Robert Kantor, M.D. AND NOW, thisay of 2006, a Rule has been entered upon the Plaintiffs as above directed. P t S L 1 667992v 1 /041199.00192 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for a Rule Compelling Plaintiff to File a Complaint was served this ZW&y of S , 2006, by first class mail, postage prepaid, upon the following: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire 1700 Market Street Suite 2710 Philadelphia, PA 19103 Thomas A. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Charles Yanofsky, M.D. Pennsylvania Neurological Associates, Ltd. 108 Lowther Street Lemoyne, PA 17043 EE STEVENS V By: Christopher A. ump, Esquire Attorney ID #49281 25 North Queen Street, Suite 602 P.O. Box 1594 Lancaster, PA 17608-1594 (717) 399-6638 Attorneys for Defendants David Greenberg, M.D. and Robert Kantor, M.D. SL 1667992v 1 /041199.00192 C? -TI c;V? HAINES & ASSOCIATES By: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire Attorneys for Plaintiff 1700 Market Street Suite 2710 Philadelphia, Pennsylvania 19103 Phone: 215-246-2200 Attorney I.D. Nos.: 09882, 201592 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Aaron Laird No. 2006-2753 vs. Holy Spirit Hospital : and : David Greenberg, M.D. and Charles Yanofsky, M.D. and Robert Kantor, M.D. PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFF Clifford E. Haines, Esquire ("Petitioner"), attorney for Plaintiff Aaron Laird in the above- captioned matter, hereby petitions this Honorable Court for permission to withdraw as counsel and in support thereof avers as follows: 1. On or about May 15, 2006, petitioner, Clifford E. Haines, Esquire, and Haines and Associates undertook the representation of Plaintiff Aaron Laird for the purpose of pursuing a medical malpractice action against the above-named defendants arising out of Mr. Laird's paralysis. 2. Suit was commenced on or about May 15, 2006, and a Writ of Summons was filed on May 15, 2006. No complaint has been filed. 3. Throughout the representation, petitioner has been the principal counselor and advisor to Plaintiff regarding the manner, method and direction of the prosecution of his medical malpractice claim. 4. A dispute and /or disagreement has arisen between petitioner and Plaintiff regarding the manner, method and direction of the prosecution of Plaintiff's medical malpractice claim. 5. The nature of the dispute is confidential and the petitioner is barred by the relevant Rules of Professional Conduct from disclosing the nature of that dispute. 6. The extent of the dispute is real and substantial. Petitioner has remonstrated with Plaintiff and attempted to reconcile the dispute without success. 7. It is Plaintiff s wish and desire to continue with his medical malpractice claim in a manner and direction contrary to the advice of his present counsel. 8. Plaintiff has advised petitioner of his desire to obtain alternative counsel to represent him in this matter. 9. Given the nature and extent of the dispute, it would be improper, and in fact impossible, for petitioner to continue the representation of Plaintiff under the circumstances. 10. This case is not expected to be trial-ready before October 1, 2008. No unfair prejudice will inure to any defendant by the delay necessary for Plaintiff to secure new counsel. WHEREFORE, petitioner moves this Court to enter and order permitting Clifford E. Haines, Esquire and the law firm of Haines and Associates the right to withdraw as counsel and further granting to Plaintiff Aaron Laird ninety (90) days to obtain new counsel. Respectfully submitted, HAINES AND ASSOCIATES B Y• I E. A ES, ESQUIRE EL TH CIPOLLETTI, ESQUIRE Attorneys for Plaintiff Dated: October 4, 2006 2 HAINES & ASSOCIATES By: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire 1700 Market Street Suite 2710 Philadelphia, Pennsylvania 19103 Phone: 215-246-2200 Attorney I.D. Nos.: 09882, 201592 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Aaron Laird No. 2006-2753 vs. Holy Spirit Hospital and David Greenberg, M.D. and Charles Yanofsky, M.D. and Robert Kantor, M.D. MEMORANDUM OF LAW IN SUPPORT OF PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFF 1. Factual Background On or about May 15, 2006, petitioner, Clifford E. Haines, Esquire, and Haines and Associates undertook the representation of Plaintiff Aaron Laird for the purpose of pursuing a medical malpractice action against the above-named Defendants arising out of Mr. Laird's paralysis and treatment for his condition, transverse myelitis. Suit was commenced on or about May 15, 2006, via a Writ of Summons. Throughout the representation, Petitioner has been the principal counselor and advisor to Plaintiff regarding the manner, method and direction of the prosecution of his medical malpractice claim. A dispute and /or disagreement has arisen between Petitioner and Plaintiff regarding the manner, method and direction of the prosecution of Plaintiffs medical malpractice claim, which requires petitioner to seek leave from the Honorable Court to withdraw as counsel for Plaintiff. The nature of the dispute is confidential and the Petitioner is barred by the relevant Rules of Professional Conduct from disclosing the nature of that dispute. The extent of the dispute is real and substantial. Petitioner has remonstrated with Plaintiff and attempted to reconcile the dispute without success. It is Plaintiff s wish and desire to continue with his medical malpractice claim in a manner and direction contrary to the advice of his present counsel. Plaintiff has advised petitioner of his desire to obtain alternative counsel to represent him in this matter. II. Argument It is within the Court's discretion to allow an attorney to withdraw his appearance on behalf of a client in a matter pending before the Court. Pa.R.C.P. 1012(b); see also Phoenix v. Mutual Life Ins. Co. v. Radcliffe on the Delaware, Inc., 266 A.2d 698, 700 (Pa. 1970). Leave to withdraw may be granted where, as here, the case has not yet been placed on the trial list and where no prejudice will result as a consequence of the withdrawal. Id. No complaint has been filed in this case at bar, and consequently has not been placed on the trial list. The Plaintiff and Petitioner have found themselves in a position of discord which cannot be resolved. Given the nature and extent of the dispute between the Petitioner and the Plaintiffs, it would be improper, and, in fact, impossible for the petitioner to continue to represent the Plaintiff in the case sub judice. Plaintiff agrees that he is at an impasse with the Petitioner that cannot be resolved. Plaintiff has expressed the desire to retain alternative counsel. This case is not expected to be trial ready before October of 2008. Therefore, no unfair prejudice will inure to the Defendants by the delay necessary for Plaintiff to secure new counsel. III. Conclusion For all the foregoing reasons, Petitioner requests this Honorable Court to enter an Order permitting Clifford E. Haines and Haines & Associates the right to withdraw as counsel for Plaintiff and also grant Plaintiff Aaron Laird ninety (90) days to retain new counsel. Respectfully submitted, HAINES & ASSOCIATES By: F E. AIN ELIZ TH CIPOLLETTI Attorneys for Plaintiffs Dated: October 4, 2006 2 VERIFICATION I, Clifford E, Haines, Esquire, hereby state that I am authorized to make this Verification and hereby state that the statements made in the foregoing Petition For Leave To Withdraw As Counsel For Plaintiff are true and correct to the best of my knowledge, information and belief, and that I make these statements subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. f IFF E. A ES Dated: October 4, 2006 CERTIFICATE OF SERVICE I, Debra Ann O'Neill, Secretary to Clifford E. Haines, Esquire hereby certify that on this 4th day of October, 2006, 1 caused a true and correct copy of the foregoing Petition for Leave to Withdraw as counsel for Plaintiff be served on all counsel of record, via first-class mail, addressed as follows: Wilbur McCoy Otto, Esquire Dickie, McCamey & Chilcote Two PPG Place Suite 400 Pittsburgh, PA 15222-5402 Attorney for Defendant Holy Spirit Hospital Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 Attomey for Defendant Holy Spirit Hospital Christopher A. Stump, Esquire Todd R. Bartos, Esquire Stevens & Less 25 North Queen Street Suite 602 P.O. Box 1594 Lancaster, PA 17608-1594 Attorney for Defendants David Greenberg, M.D. and Robert Kantor, M.D. Charles Yanofsky, M.D. 699 Rural Avenue Suite 205 Williamsport, Pennsylvania 17701 (Via Certified Mail - Return Receipt Requested) DEBRA ANN O'NEILL Secretary to Clifford E. Haines, Esquire tam z. t?`o C) -TI T s-11 z1 z`f..y SHERIFF'S RETURN - NOT FOUND e CASE NO: 2006-02753 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LAIRD AARON VS HOLY SPIRIT HOSPITAL ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT YANOFSKY CHARLES MD but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS , NOT FOUND , as to the within named DEFENDANT , YANOFSKY CHARLES MD PA NEUROLOGICAL ASSOCIATES 108 LOWTHER STREET LEMOYNE, PA 17043 DEFENDANT IS NO LONGER EMPLOYED AT GIVEN ADDRESS. HE IS IN WILLIAMSPORT. Sheriff's Costs: So answers: Docketing 6.00 Service 13.20 Not Found 5.00 R. omas line Surcharge 10.00 Sheriff of Cumber and County .00 34.20,1 HAINES & ASSOCIATES 08/30/2006 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02753 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAIRD AARON VS HOLY SPIRIT HOSPITAL ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: TJT TT T/'1T1 nr?n r-?nm nnri but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS County, Pennsylvania, to On August 30th , 2006 , this office was in receipt of the attached return from DAUPHIN Sherif f ' s Costs: So anaw€r-s, Docketing 6.00 -? Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 29.25 Sheriff of Cumberland County .00 54.25 -14-061 L 08/30/2006 HAINES & ASSOCIATES Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-02753 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAIRD AARON VS HOLY SPIRIT HOSPITAL ET AL DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon T-TnT.V CDTT?TT WnQDTTAT, the DEFENDANT , at 1617:00 HOURS, on the 1st day of June 2006 at 210 SENATE AVENUE 3RD FLOOR CAMP HILL, PA 17011 by handing to MIKE ORRIS, SECURITY, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20`" Postage .78 sod-`" Surcharge 10.00 R. Thomas Kline .00 41.98,/ 08/30/2006 4- HAINES & ASSOCIATES 9-/?-b4 ,? Sworn and Subscibed to By: ?t ? before me this day Deputy Sheriff of A. e z'4,?S 1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-02753 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAIRD AARON VS HOLY SPIRIT HOSPITAL ET AL DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GREENBERG DAVID MD HOLY SPIRIT HOSPITAL the DEFENDANT , at 1617:00 HOURS, on the 1st day of June at RADIOLOGY & DIAGNOSTIC IMAGING 210 SENATE AVENUE 3RD FLOOR CAMP HILL, PA 17011 by handing to MIKE ORRIS, SECURITY ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: ? Docketing 6.00 .: Service .00 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 16.00/ 08/30/2006 9 iY nL L1- HAINES & ASSOCIATES Sworn and Subscibed to By: before me this day epu?tj Sheriff of A. 2006 In The Court of Common. Fleas of Cumberland County, Peniisylvania Aaron Laird VS. Holy Spirit Hospital et al SERVE: Robert Kantor MD No. 06-2753 civil Now, May 31,12006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. n..,? r Sheriff of Cumberland County, PA Affidavit of Service Now, within 20 , at o'clock M. served the upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof. County, PA 0 ?5 PIZ- INI 90 (1? f Tice of tke Shrriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin LAIRD AARON vs KANTOR ROBERT MD Sheriff's Return No. 0943-T - - -2006 OTHER COUNTY NO. 06-2753 CIVIL AND NOW:August 24, 2006 REISSUED WRIT OF SUMMONS KANTOR ROBERT MD at 11:30AM served the within upon by personally handing to JUSTO LOPEZ OPERATIONS SUPERVISOR 1 true attested copy(ies) of the original REISSUED WRIT OF SUMMONS and making known to him/her the contents thereof at 205 SOUTH FRONT ST (231-8343) HBG, PA 17104-0000 Sworn and subscribed to before me this 24TH day of AUGUST, 2006 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, Sheriff of Dauphin County, Pa. P7=-/UL By Deputy Sheriff Sheriff's Costs:$29.25 PD 06/05/2006 RCPT NO 218380 EMBREY W _'_N DICKIE, MCCAMEY & CHILCOTE, P.C. BY: FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY ID. NO. 27594 BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 7314800 (Tel) (717) 731-4803 (Fax) AARON LAIRD, Plaintiff v HOLY SPIRIT HOSPITAL, DAVID GREENBERG, M.D., CHARLES YANOFSKY, M.D. and ROBERT KANTOR, M.D., Defendants ATTORNEY FOR DEFENDANT HOLY SPIRIT HOSPITAL : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 2006-2753 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a rule upon Plaintiff to file a Complaint in the above-captioned case within twenty (20) days after service of the Rule or suffer a judgment of non pros. Respectfully submitted, DICKIE, MCCAMEY Date: October 2, 2006 By: Tkothas M. Chairs, Esquire Supreme Court I.D. #78565 OTE, P.C. IF ON,& CERTIFICATE OF SERVICE AND NOW, this 2°a day of October, 2006, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing document upon all counsel of record or parties involved by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire HAINES & ASSOCIATES 1700 Market Street Suite 2710 Philadelphia, PA 19103 (Counsel for Plaintifi) Christopher A. Stump, Esquire Stevens & Lee 25 North Queen Street Suite 602 P.O. Box 1594 Lancaster, PA 17608-1594 (Counsel for David Greenberg, M.D. and Robert Kantor, M.D.) Charles Yanofsky, M.D. Pennsylvania Neurological Associates, Ltd. 108 Lowther Street Lemoyne, PA 17043 r Thomas N?.XPiairs, Esquire C:D l L.?.i Na ?l .'i.y ryry W DICKIE, MCCAMEY & CHILCOTE, P.C. BY: FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY ID. NO. 27594 BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 7314800 (Tel) (717) 731-4803 (Fax) AARON LAIRD, Plaintiff v HOLY SPIRIT HOSPITAL, DAVID GREENBERG, M.D., CHARLES YANOFSKY, M.D. and ROBERT KANTOR, M.D., Defendants ATTORNEY FOR DEFENDANT HOLY SPIRIT HOSPITAL : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 2006-2753 : CIVIL ACTION - : MEDICAL PROFESSIONAL : LIABILITY ACTION : JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT AND NOW, this $04kday of "S E,_, 2006, a Rule is hereby issued upon Plaintiffs to file a Complaint in the above-captioned case within twenty (20) days after service of the Rule or suffer a judgment of non pros. t 4v- el Pro onotary By: Deputy t HAINES & ASSOCIATES By: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire Attorneys for Plaintiff 1700 Market Street Suite 2710 Philadelphia, Pennsylvania 19103 Phone: 215-246-2200 Attorney I.D. Nos.: 09882, 201592 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Aaron Laird No. 2006-2753 vs. Holy Spirit Hospital and David Greenberg, M.D. and : Charles Yanofsky, M.D. and Robert Kantor, M.D. RULE TO SHOW CAUSE AND NOW, this ` day of , 2006, upon consideration of the Petition For Leave To Withdraw As Counsel For Plaintiff, a rule is hereby entered to show cause why said Petition should not be granted. Zv „/? p -Y?? IWl-?., Rule returnable 2006, in Courtroom All proceedings shall be stayed until such time as the Court enters its ruling on the subject Petition. `0 ,n I R, : ?,, ! 0 1 11, 0 'j, 0 0 Z HAINES & ASSOCIATES By: Clifford E. Haines, E Elizabeth Cipolletti, 1700 Market Street Suite 2710 Philadelphia, Pennsylvania Phone: 215-246-2200 Attorney I.D. Nos.: 09882, CU Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 Plaintiff vs. Holy Spirit Hospital and David Greenberg, M.D. and Charles Yanofsky, M.D. and Robert Kantor, M. D. TO THE PROTHONTARY: uire quire Attomeys for Plaintiff 19103 1592 COURT OF COMMON PLEAS ERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JURY TRIAL DEMANDED CIVIL ACTION NO.: 06-2753 PRAECIPE TO REISSUE SUMMONS Kindly reissue the Summons in the above-captioned matter. B Y: CIF RD E. RAIN S ELIZABETH CIPOLLETTI, ESQUIRE Attomeys for Plaintiff Date: October 25. 2006 r7,' a AARON LAIRD, Plaintiff V. HOLY SPIRIT HOSPITAL, AVID GREENBERG, M.D., CHARLES YANOFSKY, M.D., and ROBERT KANTOR, M.D., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-2753 JURY TRIAL DEMANDED BERT M.D. TO CLIFFORD E. HAINES ES UIRE'S PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFF AND NOW COMES Defendants, David Greenberg, M.D. and Robert Kantor, M.D., by and through their counsel, Stevens & Lee, P.C., and respectfully submits the within Response to Clifford E. Haines, Esquire's Petition for Leave to Withdraw as Counsel for RESPONSE OF DEFE Plaintiff, as follows: 1. Denied. Defendants lack information upon which to determine whether Plaintiff retained Clifford E. aines, Esquire, and Haines and Associates on May 15, 2006 or otherwise. The remaining averments of this Paragraph are denied on the same basis. 2. Admitted. Defendants admit that Plaintiff commenced suit by filing a Writ of Summons on May 15, 2006. On September 29, 2006, the Prothonotary issued a Rule upon Plaintiff to file a Complaint within twenty days or suffer a judgment of non pros. Defendants admit that Plaintiff has not filed a Complaint. 3. Denied. Defendants lack information sufficient to form a belief as to whether Clifford E. Haines, I regarding his claim. has been the principal counselor and advisor to Plaintiff SLl 676301 vl /041199.00192 { 1 4. Denied. Defendants lack information sufficient to form a belief as to the veracity of the averment set forth in this Paragraph and, accordingly, it is denied. 5. Denied. Defendants lack information sufficient to form a belief as to the veracity of the averment set Forth in this Paragraph and, accordingly, it is denied. 6. Denied. Defendants lack information sufficient to form a belief as to the veracity of the averments set forth in this Paragraph and, accordingly, they are denied. 7. Denied. Defendants lack information sufficient to form a belief as to the veracity of the averment set fj rth in this Paragraph and, accordingly, it is denied. 8. Denied. Defendants lack information sufficient to form a belief as to the veracity of the averment set frth in this Paragraph and, accordingly, it is denied. 9. Denied. Defendants lack information upon which to determine whether the case will be ready for trial before October 1, 2008. Defendants deny the averment that they will not be prejudiced by a delay. By way of further answer, Defendants oppose Plaintiff's request for a ninety day stay Of all proceedings. As this Court is aware, the statute of limitations was nearly expired when whatever claim existed. S August, counsel for Complaint for thirty days Defendants filed a Praecipe Leave to Withdraw as proceedings for an additional ff filed a Writ of Summons on May 15, 2006, to preserve t months later Plaintiff still had not filed a Complaint, and in verbally agreed to delay filing a Praecipe for Rule to File a Plaintiff consulted an expert. At the conclusion of thirty days, 1 the Prothonotary. Thereafter, Plaintiff filed this Petition for . Under these circumstances, Plaintiff's request for a stay of all days is unreasonable. S L l 676301 v 1 /041199.00192 ry ?.. WHEREFOR respectfully request that this proceedings. Dated: 10 lay Defendants, David Greenberg, M.D. and Robert Kantor, M.D., Court deny Plaintiff s request for a ninety day stay of all 2006 By: Christopher A. Stump, Esquire Attorney I.D. No. 49281 Melinda A. Schumaker, Esquire Attorney I.D. No. 201509 25 North Queen Street, Suite 602 Lancaster, PA 17608-1594 (717) 291-1031 Attorneys for Defendants David Greenberg, M.D. and Robert Kantor, M.D. S L 16 763 0 1 v l /041199.00192 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Response to Clifford E. Haines, Esquire's Petition for Leave to Withdraw as Counsel for Plaintiff was served this day of , 2006, by first class mail, postage prepaid, upon the following: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire 1700 Market Street Suite 2710 Philadelphia, PA 19103 Thomas A. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Charles Yanofsky, M.D. ania Neurological Associates, Ltd. 108 Lowther Street Lemoyne, PA 17043 STEVENS & LEE 001, By: 190C;pe? Christopher A. Stump, Esquire Attorney I.D. No. 49281 Melinda A. Schumaker, Esquire Attorney I.D. No. 201509 25 North Queen Street, Suite 602 Lancaster, PA 17608-1594 (717) 291-1031 Attorneys for Defendants David Greenberg, M.D. and Robert Kantor, M.D. SLl 676301 v 1 /041199.00192 hJ ?-'] ?.`. C_? 1 _ t:Y°ti L_? ..? "- -t t y'S"i r, f'? 'i :..?: ? --???.? _? , ?? 7 J 06 _ ?' S_- IN THE Common Pleas COURT OF Carlisle, Pennsylvania Aaron Benjamin Laird PLAINTIFF v5. Holy Spirit Hospital DEFENDANT COMPLAINT NO. 1 COMES NOW Aaron Benjamin Laird Plaintiff, files this Complaint against -Holy Spirit Hospital- and for cause of same would state the following: That Plaintiff is an adult resident citizen of Perry County, Pennsylvania 2. That the Defendant, Holy Spirit Hospital is a for profit corporation existing and doing business pursuant to the laws of the State of Pennsylvania That the Defendant may be served with the process of this Court by service of process upon its registered agent Camp Hill (city), Pennsylvania (state) or upon such other persons authorized to be served by the Appropriate Rules of Civil Procedure at its business address, Holy Spirit Hospital Camp Hill PA 3. That between 4/18/2004 and 5/17/2004 Plaintiff sought and received medical treatment at the Defendant's facility in Camp Hill. PA under the care of the Defendant. That at all times related hereto, the Defendant was and is liable for the actions, omissions and negligence. 4. That Plaintiffs primary complaints related to severe joint pain, leg pain, back pain, and torso pain. That these symptoms persisted throughout his treatment without a diagnosis of the particular cause of the symptoms, physical illness or condition that afflicted the Plaintiff, notwithstanding Defendant's treatment, by and through medical tests and medications. 5. That on or about 5/18/2004. Plaintiff was treated by physicians who soon after diagnosed, a stroke, hospitalized Plaintiff, and gave patient adequate medical care. 6. That the Defendant, was negligent in failing to diagnose Plaintiffs medical condition, failing to discover the blood clot in Plaintiffs leg within a reasonable time frame, failing to place a guard in the Plaintiffs upper leg to prevent the blood clot from moving towards the Plaintiffs torso, failing to provide adequate medical care, failing to properly examine Plaintiff to make sure the blood clot was not an immediate danger to Plaintiffs life prior to discharging Plaintiff, failing to administer menthyl-prednizone within the first several hours of Plaintiffs complaining of back pain, and failing to render treatment consistent with a proper diagnosis. 7. That Defendant's negligence directly and proximately resulted in unnecessary severe physical, mental and emotional pain and suffering and unnecessary medical treatment, tests and expense over a period of one month and Plaintiff is entitled to recover damages of from and against the Defendant for said negligence. WHEREFORE, Plaintiff files this Complaint and demands judgment of, from and against the Defendant in the sum of $100,000,000.0 actual damages together with prejudgment interest and all costs of court accrued herein. Respectfully submitted, 0&1?x? I&Z" Aaron Laird 'Date s Affidavit of Merit BE IT ACKNOWLEDGED, that Aaron Laird of 1402 Foose Ridge Road (address), Elliottsburg (city), PA (state), County of Perry , the undersigned deponent, being of legal age, does hereby depose and say as follows: 1 affirm that the foregoing is true except as to statements made upon information and belief, and as to those I believe them to be meritous and true. Witness my hand under the penalties of perjury this 31 day of October, 2006 h A MA Signature R Witness CAgnature of Depo nt Lance Laird Name of Witness Aaron Laird Name of Deponent 1402 Foose Ridge Road Street Address of Witness Elliottsburg, PA 17024 City/State/Zip 1402 Foose Ridge Road Street Address of Deponent Elliottsburg, PA 17024 City/State/Zip State of: PA County of: Perry Mr. Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 Attn: Common Pleas Court of Camp Hill, Pennsylvania Details of Medical Negligence This letter is intended to list the details of the medical negligence of Holy Spirit Hospital. A summons was filed against the defendent earlier this year in order to extend the time frame in which a complaint could be filed past the statute of limitations. Holy Spirit Hospital was negligent in failing to diagnose Plaintiffs (my) medical condition, failing to discover the blood clot in Plaintiff s leg within a reasonable time frame, failing to place a guard in the Plaintiff s upper leg to prevent the blood clot from moving towards the Plaintiffs torso, failing to provide adequate medical care, failing to properly examine Plaintiff to make sure the blood clot was not an immediate danger to Plaintiffs life prior to discharging Plaintiff, failing to administer menthyl-prednizone within the first several hours of Plaintiffs complaining of back pain, and failing to render treatment consistent with a proper diagnosis. Medical negligence directly and proximately resulted in unnecessary severe physical, mental and emotional pain and suffering and unnecessary medical treatment, tests and expense over a period of one month and Plaintiff is entitled to recover damages of from and against the Defendant for said negligence. Defendant had deliberately failed to administer an NMI prior to Plaintiffs discharge from their hospital. Doing so put Plaintiffs life in danger due to his blood clot related stroke within 24 hours time afterward. If this gross negligence had not occurred Plaintiff would not have suffered a near fatal stroke. 1 I 1z'Lz 606 Aaron Laird ate Attn: Court of Common Pleas I am unable to pay any filing fees that may be necessary to file my civil suit. I have been physically disabled for over a year due to the medical negligence involved in my law suit. I am unable to work to obtain money for such fees for that reason. I humbly ask the court if any filing fees that may exist please be waived. If this is not plausible, I would please like to have my case filed on a contingency basis if at all possible. If my attempt to file this lawsuit is missing any information of documents please mail me and inform me of this. I am aware that you may refuse to permit me to file my case for my lack of my having enough money to do so. Please inform me of the approximate cost of the filing fee if there is no way around it. It would take some time, albeit I possibly could be able to raise it gradually. I will do my best to comply. Ng^. Aq:?rJ - 200 Aaron Laird ate COMMONWEALTH OF PENNSYLVA IA COUNTY OF: C IA V1.bLot Q MDJ Nano: Mon. TaW'-: ( AMOU DATE PAID FILING COSTS $/V/ POSTAGE $ ,-7 lo -12" SERVICE COSTS $ AIIA CONSTABLE ED. $ TOTAL $ (J, CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS , 0 CA CC' V\ rA %J'e ?00'd 1 cit A PA vs. DEFENDANT: NAME and ADDRESS Docket No.: Date Filed: I . Z% Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for together with costs upon the following claim (Civil fines must include citation of the 11tatufe or ordinance violated): 1, of, Vl n - , ? 4 verify that the facts set forth in this complaint are true and correct to the best of y knowledge, )n tion, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unworn falsification to authorities. (Signatu of Plaintiff or Authorized Agent) Plaintiffs Attomey: NE! /4 Address: ?f Telephone: ( ) IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 30BA-05 (Caption) Certificate of Merit as to u V 50 ° r 1 °f L `q am of Defendan ) 11 & certify that: (Attomey or Party) ? 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. Date: Z rlx? 444 (Attorney or Party) -10- 4e!'? ^? ..? ()? L - ?+r? 6 - r'? ? --_i .' - , ' r - s ... , ^r-_ .; rt ` i' b7 - .. t _ ,? -°C CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing PRAECIPE TO ENTER APPEARANCE on all counsel of record by placing the same in the United St tes it at Camp Hill, Pennsylvania, first-class postage prepaid, on the ay of p??ooc.c 006, and addressed as follows: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire Haines & Associates 1700 Market Street, Suite 2710 Philadelphia, PA 19103 Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Christopher A. Stump, Esquire Stevens & Lee 25 North Queen Street, Suite 602 P. O. Box 1594 Lancaster, PA 17608-1594 MARGOLIS EDELS Nelson, Sec rv < ra-33 C`7 t o -? SHERIFF'S RETURN - OUT OF COUNTY r- + CASE NO: 2006-02753 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAIRD AARON VS HOLY SPIRIT HOSPITAL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: YANOFSKY CHARLES MD but was unable to locate Him deputized the sheriff of LYCOMING in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On November 13th , 2006 , this office was in receipt of the attached return from LYCOMING Sheriff's Costs: So answers- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kli e Dep Lycoming Co 21.50 Sheriff of Cumberland County Postage .39 58.89 V/ !?'IL/bt- 11/13/2006 HAINES & ASSOCIATES Sworn and subscribe to before me this day of , A.D. AN In The Court of Common Pleas of Cumberland County, Pennsylvania Aaron Laird vs. Holy Spirit Hospital, et. al. Serve: Charles Yanofsky, M.D. No. 2006-2753 Civil Now, 9/14/06 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lycoming County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, NOVEMBER 2, Within RE-ISSUED WRIT OF SUMMONS upon CHARLES YANOFSKY, M.D. 20 06 , at 10:55 o'clock A. M. served the at 699 RURAL AVENUE, SUITE 205, WILLIAMSPORT, LYCOMING COUNTY, PA., by handing to BECKY FISHER, SECRETARY a TRUE AND ATTESTED . and made known to HER copy of the original RE-ISSUED WRIT OF SUMMONS the contents thereof. So answers, Sworn and subscribed before me this c day of NOVEMBER , 20 06 Sheri YCO NG County, PA BY: Jas Sparks, Deputy CO S SERVICE $ 18.00 MILEAGE 1.00 AFFIDAVIT 2.50 $ 21.50 PAID. •- 101 DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR DEFENDANT BY: FRANCIS E. MARSHALL, JR., ESQUIRE HOLY SPIRIT HOSPITAL ATTORNEY ID. NO. 27594 BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 731-4800 (Tel) (717) 731-4803 (Fax) AARON LAIRD, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA V HOLY SPIRIT HOSPITAL, DAVID GREENBERG, M.D., CHARLES YANOFSKY, M.D. and ROBERT KANTOR, M.D., Defendants NO. 2006-2753 : CIVIL ACTION - : MEDICAL PROFESSIONAL : LIABILITY ACTION JURY TRIAL DEMANDED HOLY SPIRIT HOSPITAL'S MOTION TO MAKE RULE ABSOLUTE 1. Clifford E. Haines, Counsel for the Plaintiff has filed a Petition to withdraw as counsel for the Plaintiff. 2. By Order dated October 9, 2006, the Court issued a Rule to Show Cause why the Plaintiff's Petition to Withdraw as Counsel should not be granted. Responsive pleading were filed by some of the parties. 3. The Court made the Rule returnable on October 29, 2006, regarding the Plaintiff counsel's Petition to Withdraw. 4. The Petition of Plaintiff's counsel to withdraw is now ripe for disposition. I" WHEREFORE, the Holy Spirit Hospital respectfully requests the Court make the Rule absolute and enter an Order disposing of the Petition of Plaintiff's counsel to withdraw from these proceedings. Respectfully submitted, DICKIE, MCC & CHI COTE, P.C. ':?-?/Y/ Date: December 22, 2006 By: Z ) .1 V / (z T or as/M. (lairs, Esquire Supreme Court I.D. #78565 CERTIFICATE OF SERVICE AND NOW, this 22°d day of December, 2006, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing document upon all counsel of record or parties involved by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Clifford E. Haines, Esquire HAINES & ASSOCIATES 1700 Market Street Suite 2710 Philadelphia, PA 19103 (Counsel for Plaintif? Christopher A. Stump, Esquire Stevens & Lee 25 North Queen Street Suite 602 P.O. Box 1594 Lancaster, PA 17608-1594 (Counsel for David Greenberg, M.D. and Robert Kantor, M.D.) Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 Lauralee B. Baker, Esquire MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 (Counsel for Charles Yanofsky, M.D.) Thomas W Chairs, Esquire AARON LAIRD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW HOLY SPIRIT HOSPITAL, DAVID : NO. 06-2753 CIVIL GREENBERG, M.D., CHARLES YANOFSKY, M.D. and ROBERT KANTOR, M.D., Defendants JURY TRIAL DEMANDED IN RE: MOTION OF CLIFFORD E. HAINES, ESQUIRE, FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFF AND MOTION OF HOLY SPIRIT HOSPITAL TO MAKE RULE ABSOLUTE ORDER AND NOW, this B day of January, 2007, it appearing that the plaintiff, Aaron Laird, has not been served with the petition of Clifford E. Haines, Esquire, for leave to withdraw as counsel, the motion of Holy Spirit Hospital to make rule absolute is DENIED. A copy of an e-mail message, dated December 26, 2006, and sent to the Cumberland County Court Administrator, purportedly by the plaintiff, is attached hereto and make a part of the pleadings in this matter. The plaintiff's counsel is directed to give notice to the plaintiff of any and all further proceedings in this matter including, but not limited to, notice of any hearing on Mr. Haines's petition for leave to withdraw as counsel. BY THE COURT, Hess, J. r? ?,?`! yl:#j7sJ 6z •C l4d 81 'I f LODZ Clifford E. Haines, Esquire For the Plaintiff Thomas Chairs, Esquire Wilbur McCoy Otto, Esquire For Defendant Holy Spirit Hospital Christopher A. Stump, Esquire Todd R. Bartos, Esquire For Defendants Greenberg and Kantor Lauralee Baker, Esquire For Defendant Yanofsky Am HAINES & ASSOCIATES By: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire Attorneys for Plaintiff 1835 Market Street Suite 2420 Philadelphia, Pennsylvania 19103 Phone: 215-246-2200 Attorney I.D. Nos.: 09882, 201592 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Aaron Laird No. 2006-2753 VS. Holy Spirit Hospital and : David Greenberg, M.D. and Charles Yanofsky, M.D. and Robert Kantor, M.D. PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFF Clifford E. Haines, Esquire ("Petitioner"), attorney for Plaintiff Aaron Laird in the above- captioned matter, hereby petitions this Honorable Court for permission to withdraw as counsel and in support thereof avers as follows: 1. On or about May 15, 2006, petitioner, Clifford E. Haines, Esquire, and Haines and Associates undertook the representation of Plaintiff Aaron Laird for the purpose of pursuing a medical malpractice action against the above-named defendants arising out of Mr. Laird's paralysis. 2. Suit was commenced on or about May 15, 2006, and a Writ of Summons was filed on May 15, 2006. No complaint has been filed. 3. Throughout the representation, petitioner has been the principal counselor and advisor to Plaintiff regarding the manner, method and direction of the prosecution of his medical malpractice claim. 4. A dispute and /or disagreement has arisen between petitioner and Plaintiff regarding the manner, method and direction of the prosecution of Plaintiff's medical malpractice claim. 5. The nature of the dispute is confidential and the petitioner is barred by the relevant Rules of Professional Conduct from disclosing the nature of that dispute. 6. The extent of the dispute is real and substantial. Petitioner has remonstrated with Plaintiff and attempted to reconcile the dispute without success. 7. It is Plaintiff's wish and desire to continue with his medical malpractice claim in a manner and direction contrary to the advice of his present counsel. 8. Plaintiff has advised petitioner of his desire to obtain alternative counsel to represent him in this matter. 9. Given the nature and extent of the dispute, it would be improper, and in fact impossible, for petitioner to continue the representation of Plaintiff under the circumstances. 10. This case is not expected to be trial-ready before October 1, 2008. No unfair prejudice will inure to any defendant by the delay necessary for Plaintiff to secure new counsel. WHEREFORE, petitioner moves this Court to enter and order permitting Clifford E. Haines, Esquire and the law firm of Haines and Associates the right to withdraw as counsel and further granting to Plaintiff Aaron Laird ninety (90) days to obtain new counsel. Respectfully submitted, HAINES AND ASSOCIATES By: _ CLIFFORD E. HAINES, ESQUIRE ELIZABETH CIPOLLETTI, ESQUIRE Attorneys for Plaintiff Dated: January 23, 2007 2 HAINES & ASSOCIATES By: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire Attorneys for Plaintiff 1835 Market Street Suite 2420 Philadelphia, Pennsylvania 19103 Phone: 215-246-2200 Attorney I.D. Nos.: 09882, 201592 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Aaron Laird No. 2006-2753 VS. Holy Spirit Hospital and David Greenberg, M.D. and Charles Yanofsky, M.D. and Robert Kantor, M.D. MEMORANDUM OF LAW IN SUPPORT OF PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFF 1. Factual Background On or about May 15, 2006, petitioner, Clifford E. Haines, Esquire, and Haines and Associates undertook the representation of Plaintiff Aaron Laird for the purpose of pursuing a medical malpractice action against the above-named Defendants arising out of Mr. Laird's paralysis and treatment for his condition, transverse myelitis. Suit was commenced on or about May 15, 2006, via a Writ of Summons. Throughout the representation, Petitioner has been the principal counselor and advisor to Plaintiff regarding the manner, method and direction of the prosecution of his medical malpractice claim. A dispute and /or disagreement has arisen between Petitioner and Plaintiff regarding the manner, method and direction of the prosecution of Plaintiff's medical malpractice claim, which requires petitioner to seek leave from the Honorable Court to withdraw as counsel for Plaintiff. The nature of the dispute is confidential and the Petitioner is barred by the relevant Rules of Professional Conduct from disclosing the nature of that dispute. The extent of the dispute is real and substantial. Petitioner has remonstrated with Plaintiff and attempted to reconcile the dispute without success. It is Plaintiff's wish and desire to continue with his medical malpractice claim in a manner and direction contrary to the advice of his present counsel. Plaintiff has advised petitioner of his desire to obtain alternative counsel to represent him in this matter. II. Argument It is within the Court's discretion to allow an attorney to withdraw his appearance on behalf of a client in a matter pending before the Court. Pa.R.C.P. 1012(b); see also Phoenix v. Mutual Life Ins. Co. v. Radcliffe on the Delaware, Inc., 266 A.2d 698, 700 (Pa. 1970). Leave to withdraw may be granted where, as here, the case has not yet been placed on the trial list and where no prejudice will result as a consequence of the withdrawal. Id. No complaint has been filed in this case at bar, and consequently has not been placed on the trial list. The Plaintiff and Petitioner have found themselves in a position of discord which cannot be resolved. Given the nature and extent of the dispute between the Petitioner and the Plaintiffs, it would be improper, and, in fact, impossible for the petitioner to continue to represent the Plaintiff in the case sub judice. Plaintiff agrees that he is at an impasse with the Petitioner that cannot be resolved. Plaintiff has expressed the desire to retain alternative counsel. This case is not expected to be trial ready before October of 2008. Therefore, no unfair prejudice will inure to the Defendants by the delay necessary for Plaintiff to secure new counsel. III. Conclusion For all the foregoing reasons, Petitioner requests this Honorable Court to enter an Order permitting Clifford E. Haines and Haines & Associates the right to withdraw as counsel for Plaintiff and also grant Plaintiff Aaron Laird ninety (90) days to retain new counsel. Respectfully submitted, HAINES & ASSOCIATES By: ? ?- CL F ORD F. HAINES ELIZABETH CIPOLLETTI Attorneys for Plaintiffs Dated: January 23, 2007 2 VERIFICATION I, Elizabeth Cipolletti, Esquire, hereby state that I am authorized to make this Verification and hereby state that the statements made in the foregoing Petition For Leave To Withdraw As Counsel For Plaintiff are true and correct to the best of my knowledge, information and belief; and that I make these statements subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. LIZAB H CIPOLLET I Dated: January 23, 2007 CERTIFICATE OF SERVICE I, Debra Ann O'Neill, Secretary to Clifford E. Haines, Esquire and Elizabeth Cipolletti, Esquire hereby certify on this 23`d day of January, 2007, that a true and correct copy of Petition For Leave To Withdraw As Counsel For Plaintiff was served upon all counsel of record via Certified Mail, Return Receipt Requested as follows: Mr. Aaron B. Laird 1402 Foose Ridge Road Elliotsburg, PA 17024 Wilbur McCoy Otto, Esquire Dickie, McCamey & Chilcote Two PPG Place Suite 400 Pittsburgh, PA 15222-5402 Attorney for Defendant Holy Spirit Hospital Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011-3700 Christopher A. Stump, Esquire Todd R. Bartos, Esquire Stevens & Less 25 North Queen Street Suite 602 P.O. Box 1594 Lancaster, PA 17608-1594 Lauralee B. Baker, Esquire Margolis, Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Defendant Holy Spirit Hospital Attorney for Defendants David Greenberg, M.D. and Robert Kantor, M.D. Attorney for Defendant Charles Yanofsky, M.D. DEBRA ANN O'NEILL Secretary to Clifford E. Haines, Esq. and Elizabeth Cipolletti, Esquire &A N z 5 zuui HAINES & ASSOCIATES By: Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire 1700 Market Street Suite 2710 Philadelphia, Pennsylvania 19103 Phone: 215-246-2200 Attorney I.D. Nos.: 09882, 201592 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Aaron Laird vs. Holy Spirit Hospital and David Greenberg, M.D. and Charles Yanofsky, M.D. and Robert Kantor, M.D. No. 2006-2753 RULE TO SHOW CAUSE AND NOW, this *? day of ??C6 vV , 2007, upon consideration of the Petition For Leave To Withdraw As Counsel For Plaintiff, a rule is hereby entered to show cause why said Petitiop should not be granted. a .;6 ,Cca?d ten- 7 ule returnable d S 20( in Courtroom All proceedings shall be stayed until such time as the Court enters its ruling on the subject Petition. / ? ? , ?' ? ? -? ? ? ?' ?? o ..?,. .? ?? ?? ?a s„i ?? [ ? r: ; , ri`, ??J _,.,I., ,,_?,_`F,.?I . 0 AARON LAIRD, Plaintiff V. HOLY SPIRIT HOSPITAL, DAVID GREENBERG, MD., CHARLES YANOFSKY, M.D., and ROBERT KANTOR, M.D., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • CIVIL ACTION - LAW No. 06-2753 JURY TRIAL DEMANDED RESPONSE OF DEFENDANTS DAVID GREENBERG, M.D. AND ROBERT KANTOR, M .D. TO CLIFFORD E. HAINES, ESQUIRE'S PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFF AND NOW COMES Defendants, David Greenberg, M.D. and Robert Kantor, M.D., by and through their counsel, Stevens & Lee, P.C., and respectfully submits the within Response to Clifford E. Haines, Esquire's Petition for Leave to Withdraw as Counsel for Plaintiff, as follows: 1. Denied. Defendants lack information upon which to determine whether Plaintiff retained Clifford E. Haines, Esquire, and Haines and Associates on May 15, 2006 or otherwise. The remaining averments of this Paragraph are denied on the same basis. 2. Admitted. Defendants admit that Plaintiff commenced suit by filing a Writ of Summons on May 15, 2006. On September 29, 2006, the Prothonotary issued a Rule upon Plaintiff to file a Complaint within twenty days or suffer a judgment of non pros. Defendants admit that Plaintiff has not filed a Complaint against them. 3. Denied. Defendants lack information sufficient to form a belief as to whether Clifford E. Haines, Esquire has been the principal counselor and advisor to Plaintiff regarding his claim. S L 1 701493v 1!041199.00192 4. Denied. Defendants lack information sufficient to form a belief as to the veracity of the averment set forth in this Paragraph and, accordingly, it is denied. 5. Denied. Defendants lack information sufficient to form a belief as to the veracity of the averment set forth in this Paragraph and, accordingly, it is denied. 6. Denied. Defendants lack information sufficient to form a belief as to the veracity of the averments set forth in this Paragraph and, accordingly, they are denied. 7. Denied. Defendants lack information sufficient to form a belief as to the veracity of the averment set forth in this Paragraph and, accordingly, it is denied. 8. Denied. Defendants lack information sufficient to form a belief as to the veracity of the averment set forth in this Paragraph and, accordingly, it is denied. 9. Denied. Defendants lack information upon which to determine whether the case will be ready for trial before October 1, 2008. Defendants deny the averment that they will not be prejudiced by a delay. By way of further answer, Defendants oppose Plaintiff's request for a ninety day stay of all proceedings. As this Court is aware, the statute of limitations was nearly expired when Plaintiff filed a Writ of Summons on May 15, 2006, to preserve whatever claim existed. Several months later Plaintiff still had not filed a Complaint, and in August, counsel for Defendants verbally agreed to delay filing a Praecipe for Rule to File a Complaint for thirty days while Plaintiff consulted an expert. At the conclusion of thirty days, Defendants filed a Praecipe with the Prothonotary. Thereafter, Plaintiff filed a Petition for Leave to Withdraw as Counsel. In the meantime, Plaintiff filed a pro se Complaint that does not name Drs. Greenberg and Kantor as defendants, and no certificate of merit has been filed as to them. Plaintiffs counsel has now filed another Petition for Leave to Withdraw. While Defendants are willing to permit counsel to withdraw, this case has being lingering since last May and SL I 701493 v 1 /041199.00192 Defendants filed a Praecipe for a Rule Compelling Plaintiff to file a Complaint last September. Under these circumstances, Plaintiff's request for a stay of all proceedings for an additional ninety days is unreasonable and Drs. Greenberg and Kantor should be permitted to obtain a dismissal from this case. WHEREFORE, Defendants, David Greenberg, M.D. and Robert Kantor, M.D., respectfully request that this Honorable Court deny Plaintiff's request for a ninety day stay of all proceedings. SAS, & Fr Dated: 2007 STEVE By: Christopher A. Stump, Esquire Attorney I.D. No. 49281 Melinda A. Schumaker, Esquire Attorney I.D. No. 201509 25 North Queen Street, Suite 602 Lancaster, PA 17608-1594 (717) 291-1031 Attorneys for Defendants David Greenberg, M.D. and Robert Kantor, M.D. S L 1 701493v 1!041199.00192 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Response to Clifford E. Haines, Esquire's Petition for Leave to Withdraw as Counsel for Plaintiff was served this day of , 2007, by first class mail, postage prepaid, upon the following: Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 Clifford E. Haines, Esquire Elizabeth Cipolletti, Esquire 1700 Market Street Suite 2710 Philadelphia, PA 19103 Thomas A. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Charles Yanofsky, M.D. Pennsylvania Neurological Associates, Ltd. 108 Lowther Street Lemoyne, PA 17043 STEVENS & LEE 1V By: Christopher A. Stump, Esquire Attorney I.D. No. 49281 Melinda A. Schumaker, Esquire Attorney I.D. No. 201509 25 North Queen Street, Suite 602 Lancaster, PA 17608-1594 (717) 291-1031 Attorneys for Defendants David Greenberg, M.D. and Robert Kantor, M.D. SL I 701493v 1 /041199.00192 r-? G `? ?. ..? ??::, ;. .? ?C" 3 `?? c AARON LAIRD, Plaintiff V HOLY SPIRIT HOSPITAL and DAVID GREENBERG, M.D. and CHARLES YANOFSKY, M.D. and ROBERT KANTOR, M.D. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-2753 CIVIL TERM IN RE: PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFF ORDER OF COURT AND NOW, this 28th day of February, 2007, the petition of Clifford E. Haines, Esquir granted, and the court hereby the above-captioned matter is to attempt to find substitute days, this case will continue substitute counsel or not. Clifford E. Haines, Esquire to withdraw as directs that all stayed for sixty counsel. At the whether plaintif Mr. Aaron B. Laid 1402 Foose Ridge Road Elliotsburg, PA 17024 Wilbur McCoy Otto, Esquire For Holy Spirit Hospital Francis E. Marshall, Jr., Esquire For Holy Spirit Hospital Christopher A. Stump, Esquire For Drs. Greenberg & Kantor Shaun J. Mumford, Esquire For Dr. Yanofsky :bg counsel is proceedings under days for plaintiff end of those sixty f has obtained By the Court, A. Hess, L?_- iw.' I r. a ? t? :-J'Hi JO Petition to appoint pro bono alternative counsel Aaron Benjamin Laird The petition I, Aaron Benjamin Laird, hereby petition the Cumberland County Common Pleas Court to grant me a pro bono alternative legal counsel. I, myself am without the adequate funding with which to afford alternative counsel. It appears nearly implausible to obtain an alternative contingency fee attorney, once another contingency fee lawyer has declined the same civil suit. As I remain paralyzed after my time as a patient at Holy Spirit Hospital, I wish to continue with this civil suit, only in the situation that a pro bono alternative legal counsel is appointed. Otherwise, I fear that I would be left to the care of a low quality medicare funded nursing home by the time that my parents die. By which time, I would only be middle aged. 3/R/ V- V -1 Name Date _.' t t :? ?i 4_..? •T ? ! Petition to appoint pro bono alternative counsel Aaron Benjamin Laird The petition I, Aaron Benjamin Laird, hereby petition the Cumberland County Common Pleas Court to grant me a pro bono alternative legal counsel. I, myself am without the adequate funding with which to -T 7 afford alternative counsel. It appears nearly s c.0 implausible to obtain an alternative contingency fee attorney, once another contingency fee lawyer ==- C-1 = ? has declined the same civil suit. As I remain paralyzed after my time as a patient at Holy Spirit Hospital, I wish to continue with this civil suit, only in the situation that a pro bono alternative legal counsel is appointed. Otherwise, I fear that I would be left to the care of a low quality medicare funded nursing home by the time that my parents die. By which time, I would only be middle aged. a&?- - 4)-t-,A ? Z Ito Name Date AARON LAIRD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW HOLY SPIRIT HOSPITAL, DAVID : NO. 06-2753 CIVIL GREENBERG, M.D., CHARLES YANOFSKY, M.D. and ROBERT KANTOR, M.D., : Defendants JURY TRIAL DEMANDED IN RE: PETITION TO APPOINT PRO BONO ALTERNATIVE COUNSEL ORDER AND NOW, this day of April, 2007, the court being without the authority to grant the relief requested, the petition of the plaintiff for appointment of counsel is DENIED with the suggestion of the Court that the plaintiff contact the Cumberland County Bar Association. BY THE COURT, I Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 Thomas Chairs, Esquire Wilbur McCoy Otto, Esquire For Defendant Holy Spirit Hospital Christopher A. Stump, Esquire Todd R. Bartos, Esquire For Defendants Greenberg and Kantor Lauralee Baker, Esquire For Defendant Yanofsky Cumberland County Bar Association ?!- 1 ??t r rF, ?'; i .. L';,,t+' C'?;;??, ?? ?`i`,? Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 717-871-4911 Admin@aaronlaird.com AARON LAIRD Plaintiff, vs. HOLY SPIRIT HOSPITAL DAVID GREENBERG, M.D. CHARLES YANOFSKY, M.D. ROBERT KANTOR, M.D. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2753 CIVIL ACTION - LAW MOTION FOR EXTENSION OF STAY PURSUANT TO COURT ORDER DATED FEBRUARY 28, 2007 AND NOW, comes the Plaintiff, Aaron Laird, who files the following Motion and in support thereof states as follows: 1. On May 15, 2006, previous counsel of record for Plaintiff filed a Writ of Summons commencing the above captioned action. 2. After several requests to Reissue the Writ of Summons a Praecipe for Rule to File Complaint was filed by attorneys for Defendants David Greenberg, M.D. and Robert Kantor, M.D. on or about September 29, 2006. 3. A Praecipe for Rule to File Complaint was also filed by attorneys for Holy Spirit Hospital on October 5, 2006. The Rule was issued on October 5, 2006. 4. Previous counsel of record for Plaintiff filed a Petition for Leave to Withdraw As Counsel on or about October 4, 2006. The Petition also requested a stay of Proceedings for sixty (60) days. The Honorable Kevin A. Hess issued a Rule on the Petition on October 9, 2006 to show cause why the Petition should not be granted and stayed the proceedings. 5. A Response to the Petition for Leave to Withdraw as Counsel was filed by the Defendants David Greenberg, M.D. and Robert Kantor, M.D. stating that a stay of the proceedings would create a prejudicial effect on the Defendants. 6. In the interim of the Rule issued on October 9, 2006 and the Response of Defendants David Greenberg, M.D. and Robert Kantor, M.D., which also was during the stay of proceedings, the Plaintiff filed a pro se Complaint on or about November 7, 2006. Attached to this pro se Complaint was a Certificate of Merit stating no expert testimony would be required. This was procedurally in error, as expert testimony is required in this matter. Furthermore, Plaintiff has failed to list David Greenberg, M.D., Robert Kantor, M.D. and Charles Yanofsky, M.D. as Defendants, which was also procedurally in error. 7. After a Motion to Make Rule Absolute filed by Defendant Holy Spirit Hospital on or about December 22, 2006, this Honorable Court denied the Petition for Leave to Withdraw as Counsel by Order dated January 18, 2007, due to the fact that it had not been served on the Plaintiff. 8. The Petition for Leave to Withdraw as Counsel was subsequently re-filed on or about January 23, 2007. A Rule to Show Cause was issued on February 1, 2007 and a hearing commenced on February 28, 2007. At that hearing an Order was issued by the Honorable Kevin A. Hess granting the Petition to Withdraw as Counsel and staying the proceedings for sixty (60) days for the Plaintiff for find new counsel. 2 9,. This Order is the subject of this Motion. 10. The Plaintiff contacted Shane B. Kope, Esquire of Kope & Associates, LLC on or about March 15, 2007., After reviewing this case, Attorney Kope explained to Plaintiff that he needed to (1) Amend his complaint to include David Greenberg, M.D., Robert Kantor, M.D. and Charles Yanofsky, M.D. and (2) obtain a Certificate of Merit from an Expert stating this matter is actionable. It was furthered explained to the Plaintiff that before Attorney Kope would enter his appearance on behalf of Plaintiff and take on this responsibility, the Plaintiff's medical records need to be acquired and a medical expert consulted. 11. Although requested by Attorney Kope, the medical records have not been received in full; accordingly, there will not be enough time for Attorney Kope to adequately review the records or submit them to an expert by April 30, 2007 when the stay will be lifted. 12. Defendants will not be prejudiced by a further stay of the proceedings, but the Plaintiff will be prejudiced if the stay is lifted prior to him acquiring adequate representation. 3 WHEREFORE, Plaintiff respectfully requests that this Court enter an Order of Court extending the stay in the above captioned proceedings for an additional sixty (60) days so Attorney Kope has adequate time to discern whether or not he will enter his appearance on Plaintiff's behalf. Respectfully Submitted, Aaron Laird, laintiffDated: ?b.5-47? 4 Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 717-8714911 Admin@aaronlaird.com AARON LAIRD Plaintiff, vs. HOLY SPIRIT HOSPITAL DAVID GREENBERG, M.D. CHARLES YANOFSKY, M.D. ROBERT' KANTOR, M.D. ROBERT KANTOR, M.D. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2753 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Aaron Laird, do hereby certify that on this ;??5W ? I served a true and correct copy of the foregoing Motion for Extension of Stay via regular U.S. First Class mail, postage prepaid, addressed as follows: Wilbur McCoy Otto, Esq. Dickie, McCamey & Chilcote Two PPG Place Suite 400 Pittsburgh, PA 15222-5402 Attorney for Holy Spirit Hospital Francis E. Marshall, Jr. Esq. Dickie, McCamey & Chilcote 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Attorney for Holy Spirit Hospital 5 Christopher Stump, Esq. Stevens & Less 25 N. Queen Street Suite 602 P.O. Box 1594 Lancaster, PA 17608-1594 Attorney for David Greenberg, M.D. & Robert Kantor, M.D. Lauralee B. Baker Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Charles Yanofsky, M.D. By Aaron Laird, lain-tiff 1402 Foose Ridge Road Elliottsburg, PA 17024 (717) 871-4911 6 ` ? '_ ;'? r ?,,,? ?-? • APR 882007 AARON LAIRD Plaintiff, vs. HOLY SPIRIT HOSPITAL DAVID GREENBERG, M.D. CHARLES YANOFSKY, M.D. ROBERT KANTOR, M.D. ROBERT KANTOR, M.D. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2753 CIVIL ACTION - LAW ORDER AND NOW, THIS ZV day of , 2007, it is hereby ordered that the Motion for Extension of Stay is GRANTED. The proceedings in the above captioned matter will be stayed for an additional 4ixty (69.) . Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 717-871-4911 Admin@aaronlaird.com QV -ruc: r%r%l in-r. L0 :8 WV CZ M LOOZ AWI0Nc`JH.lOdd i dO f LAURALEE B. BAKER, ESQUIRE Pa. Supreme Court I.D. No. 58874 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: 717-975-8114 Direct Dial: 717-760-7504 Attorneys for Defendant: Fax: 717-975-8124 CHARLES YANOFSKY, M.D. E-Mail: lbaker@margolisedelstein.com AARON LAIRD, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 06-2753 HOLY SPIRIT HOSPITAL, DAVID GREENBERG, M.D., CHARLES YANOFSKY, M.D., and ROBERT KANTOR, M.D., Defendants. : JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT OF NON PROS PURSUANT TO RULE 1042.6 TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter Judgment of Non Pros against Plaintiff, Aaron Laird, in the above- captioned professional liability claim against Defendant, Charles Yanofsky, M.D. I, the undersigned, certify that Plaintiff, Aaron Laird, has asserted liability against Defendant, Charles Yanofsky, M.D., based solely on his involvement as a licensed neurologist, that is, a professional liability claim against this Defendant who is a licensed professional; that no certificate of merit has been filed within the time required by Pa.R.C.P. 1042.3 and that there is no motion to extend the time for filing the certificate pending before the Court. MARGOLIS EDELSTEIN Dated: Imiz ??D 1 By: 'r '( LA RALEE B. BAKER orneys for Defendant, CHARLES YANOFSKY, M.D. F LAURALEE B. BAKER, ESQLURE Pa. Supreme Court I.D. No. 58874 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: 717-975-8114 Direct Dial: 717-760-7504 Attorneys for Defendant: Fax: 717-975-8124 CHARLES YANOFSKY, M.D. E-Mail: lbaker@margolisedelstein.com AARON LAIRD, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 06-2753 HOLY SPIRIT HOSPITAL, DAVID GREENBERG, M.D., CHARLES YANOFSKY, M.D., and ROBERT KANTOR, M.D., Defendants. : JURY TRIAL DEMANDED NOTICE OF JUDGMENT OF NON PROS TO: Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 Please be advised that a judgment of non pros has been entered against you and in favor of Defendant Charles Yanofsky, M.D. in the above-captioned action. DATE: Cumberland County Prothonotary ,4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe to Enter of Judgment of Non Pros Pursuant to Rule 1042.6 on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first- class postage prepaid, on the 4" day of June, 2007, and addressed as follows: Mr. Aaron Laird, Plaintiff, pro se 1402 Foose Ridge Road Elliottsburg, PA 17024 Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Christopher A. Stump, Esquire Stevens & Lee 25 North Queen Street, Suite 602 P. O. Box 1594 Lancaster, PA 17608-1594 MARGOLIS EDELSTEIN By: Aek- a. &Utj -.1 Vicki A. Bolinger, RP c:a t s7? iE r t ? A L F Z O 1 A AARON LAIRD, Plaintiff V. HOLY SPIRIT HOSPITAL, DAVID GREENBERG, M.D., CHARLES YANOFSKY, M.D., and ROBERT KANTOR, M.D., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-2753 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS TO THE PROTHONOTARY: Kindly enter judgment of non pros against Aaron Laird in the professional liability claim against Defendant David Greenberg, M.D. and Robert Kantor, M.D. in the above-captioned matter. Pursuant to Pa.R.C.P. 237. 1, I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this Praecipe and a copy of the notice is attached. I verify that I have researched the records in this matter, and a complaint has not been filed within twenty (20) days following the service of the Rule in this matter. I further verify that the statements made in this Praecipe are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to SL I 727688v 1 /041199.00192 04 unsworn falsification to authorities. Dated: , 2007 S L 1727688v l /041199.00192 STEVENS &. LEE By: Christopher A. Stump, Esquire Attorney I.D. No. 49281 Melinda A. Schumaker, Esquire Attorney I.D. No. 201509 25 North Queen Street, Suite 602 Lancaster, PA 17608-1594 (717) 291-1031 Attorneys for David Greenberg, M.D. and Robert Kantor, M.D. AARON LAIRD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - LAW HOLY SPIRIT HOSPITAL, DAVID No. 06-2753 GREENBERG, M.D., CHARLES YANOFSKY, M.D., and ROBERT JURY TRIAL DEMANDED KANTOR, M.D., Defendants NOTICE OF INTENT TO FILE PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS TO: By Certified and Regular Mail Aaron Laird Aaron Laird 1402 Foose Ridge Road c/o Clifford E. Haines, Esquire Elliottsburg, PA 17024 1700 Market Street Suite 2710 Philadelphia, PA 19103 IMPORTANT NOTICE Date of Notice: January 31, 2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. 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: SLl 698317v11041199.00192 r CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street, Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Dated: STEVENS & LEE By: Christopher A. Stump, Esquire Attorney ID #49281 Todd R. Bartos, Esquire Attorney ID #84279 Melinda A. Schumaker, Esquire Attorney ID #201509 25 North Queen Street, Suite 602 P.O. Box 1594 Lancaster, PA 17608-1594 (717) 399-6639 Attorneys for Defendants David Greenberg, M.D. and Robert Kantor, M.D. S Ll 698317v 1 /041199.00192 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Intent to File Praecipe for Entry of Judgment of Non Pros was served this 31 st day of January, 2007, by first class mail, postage prepaid, upon the following: Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 Clifford E. Haines, Esquire 1700 Market Street Suite 2710 Philadelphia, PA 19103 Thomas A. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Charles Yanofsky, M.D. Pennsylvania Neurological Associates, Ltd. 108 Lowther Street Lemoyne, PA 17043 NS & EE STEVE By: Christopher A. Stump, Esquire Attorney ID #49281 Todd R. Bartos, Esquire Attorney ID #84279 Melinda A. Schumaker, Esquire Attorney ID #201509 25 North Queen Street, Suite 602 P.O. Box 1594 Lancaster, PA 17608-1594 (717) 399-6639 Attorneys for Defendants David Greenberg, M.D. and Robert Kantor, M.D. SLl 698317v 1 /041199.00192 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion for Entry of Judgment of Non Pros was served this Lk day of June, 2007, by first class mail, postage prepaid, upon the following: Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 Aaron Laird c/o Clifford E. Haines, Esquire 1700 Market Street Suite 2710 Philadelphia, PA 19103 Thomas A. Chairs, Esquire Dickies McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Charles Yanofsky, M.D. Pennsylvania Neurological Associates, Ltd. 108 Lowther Street Lemoyne, PA 17043 STEVENS & LEE By: Christopher A. Stump, Esquire Attorney I.D. No. 49281 Melinda A. Schumaker, Esquire Attorney I.D. No. 201509 25 North Queen Street, Suite 602 Lancaster, PA 17608-1594 (717) 291-1031 Attorneys for David Greenberg, M.D. and Robert Kantor, M.D. SLI 727688v1 /041199.00192 ? ? Z ? ??' O ? ? 'o ? ?? ? ? p --'i ; r ? L ` -* i -,, t , 3.p. `-? C? - { S.I ? ? ` C: ? ? ? 112022 MCCAMEY & CHILCOTE, P.C. DICKIE ATTORNEY FOR DEFENDANT , BY: THOMAS M. CHAIRS, ESQUIRE HOLY SPIRIT HOSPITAL ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)7314803 as AARON LAIRD, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-2753 HOLY SPIRIT HOSPITAL, DAVID MEDICAL MALPRACTICE ACTION GREENBERG, M.D., CHARLES YANOFSKY, M.D. AND ROBERT KANTOR., M.D., Defendants JURY TRIAL DEMANDED AND NOW, comes Defendant, Holy Spirit Hospital ("Holy Spirit'), by and through its counsel, Dickie, McCamey & Chilcote, P.C., and preliminarily objects to Plaintiffs Complaint as follows: 1. This medical professional liability action was commenced by Plaintiff by the filing of a Writ of Summons on May 15, 2006. 2. Plaintiff thereafter filed a Complaint on November 2, 2006. Although filed with the Prothonotary, to date, the Complaint has never been served on Holy Spirit. A copy of Plaintiff's Complaint is attached hereto as Exhibit "A." 3. Plaintiffs Complaint alleges a delay in diagnosis and treatment of transverse myelitis leading to Plaintiff s stroke. See, Exhibit "A." 1 4. Despite asserting this complex medical professional liability action against Holy Spirit, Plaintiff has certified that expert medical testimony is unnecessary in his prosecution of the claims against Holy Spirit. A copy of Plaintiff's Certificate of Merit is attached hereto as Exhibit "B." 5. Subsequently, in Plaintiffs April 25, 2007 Motion for Extension of Time, Plaintiff admitted that expert medical testimony is required in the prosecution of his claims. A copy of Plaintiffs Motion for Extension of Time is attached hereto as Exhibit "C." I. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER TO PLAINTIFF'S COMPLAINT. 6. Plaintiff alleges in the Complaint that Holy Spirit was negligent in failing to diagnose and properly treat Plaintiffs transverse myelitis. See, Exhibit "A" 116. Specifically, Plaintiff alleges: 6. That the Defendant, was negligent in failing to diagnose Plaintiffs medical condition, failing to discover the blood clot in Plaintiff s leg within a reasonable time frame, failing to place a guard in the Plaintiffs upper leg to prevent the blood clot from moving towards the Plaintiffs torso, failing to provide adequate medical care, failing to properly examine Plaintiff to make sure the blood clot was not an immediate danger to Plaintiffs life prior to discharging Plaintiff, failing to administer menthyl-prednizone within the first several hours of Plaintiffs complaining of low back pain, and failing to render treatment consistent with a proper diagnosis. 7. Reading the Complaint in the light most favorable to the Plaintiff, it is obvious that Plaintiff is asserting a medical professional liability action against Holy Spirit Hospital. 8. The medical condition as alleged by Plaintiff, as well as the diagnosis and treatment of same, is not obvious. 2 9. In a medical malpractice action, a Plaintiff must establish that (1) the healthcare provider owed a duty to the patient; (2) the healthcare provider breached that duty; (3) the breach was the proximate cause of the harm suffered by the patient; and (4) the patient's damages were a direct result of that harm. Eaddy v. Hamaty, 694 A.2d 639, 641 (Pa. Super. 1997). 10. In general, expert testimony is essential to proving the elements of malpractice. Id. "The Plaintiff must provide expert testimony to establish, to a reasonable degree of medical certainty, that the acts of the [health care provider and] physician deviated from acceptable medical standards, and that such deviation was a proximate cause of the harm suffered." Id. 11. The Plaintiff bears the burden of establishing through competent medical testimony that Holy Spirit Hospital breached the standard of care within the legal definition of malpractice. 12. For a plaintiff to establish a cause of action in a medical malpractice case, the law further requires that expert medical testimony be employed to establish that the injury in question did, with a reasonable degree of medical certainty, stem from the negligent act alleged. Hamil v. Bashline, 393 A.2d 1280 (Pa. 1978) (emphasis added). 13. Rule 1042.3(a)(3) addresses res ipsa loquitur and obvious instances of negligence and allows for the filing of a certificate of merit verifying that "expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim." 14. The instant case does not fit within this exception due to the multifarious nature of the Plaintiffs condition. Moreover, expert testimony is required because standard of care and causation determinations are not obvious and not within the realm of knowledge for lay persons. 15. Plaintiffs filing of the Certificate of Merit under Pa.R.C.P. 1042.3(a)(3), certifying that expert medical testimony is not needed in the instant case, now serves to preclude 3 Plaintiff from attempting to present expert medical testimony on the questions of standard of care and causation. 16. The Note to Pa.R.C.P.1042(a)(3) reads as follows: In the event that the attorney certifies under subdivision (a)(3) that an expert is unnecessary for prosecution of the claim, in the absence of exceptional circumstances the attorney is bound by the certification and, subsequently the trial court shall preclude the Plaintiff from presenting testimony by an expert on the questions of standard of care and causation. Note to Pa.R.C.P. 1042.3(x)(3)(2007). 17. Holy Spirit Hospital will be severely prejudiced if Plaintiff is permitted to continue his medical professional liability action, despite certifying that expert medical testimony is not needed in the instant matter. 18. As evidenced by the language in Plaintiff's Complaint it is obvious that Plaintiffs medical professional liability action involves complex medical issues that are beyond the comprehension of lay persons. 19. The standard of proof in this instance requires Plaintiff to supply expert testimony that the conduct of Holy Spirit Hospital not only violated the applicable standard of care, but also that the injury alleged by Plaintiff did, "with a reasonable degree of medical certainty," stem from the alleged negligent act or acts of Holy Spirit Hospital. 20. A court should sustain preliminary objections in the nature of a demurrer when the Complaint is clearly insufficient to establish the pleader's right to relief. Willet v. Pennsylvania Medical Catastrophe Lost Fund, 702 A.2d 850, 853 (Pa. 1997). 21. When the allegations set forth in Plaintiff's Complaint are taken in the light most favorable to the same, it is clear and free from doubt that under the facts plead, Plaintiff cannot 4 recover on a theory of medical negligence where he has certified that expert medical testimony is not needed to establish that Holy Spirit Hospital was negligent. 22. Without expert medical testimony on standard of care and causation, Plaintiff has failed to state a right to relief. WHEREFORE, Defendant, Holy Spirit Hospital, respectfully request that this Honorable Court grant its preliminary objection in the nature of a Demurrer and dismiss Plaintiff's medical professional liability claims which require expert medical testimony pursuant to Pa.R.C.P. 1042.3, with prejudice. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 6, 2007 By: Thon(A M. Chairs, Esquire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Hospital 5 EXHIBIT "A" 06 10 QMMga Phste COURT OF _ CmBmle pa..ndra.i of THE vs. NO._ cohm "m PWmM Ma 06 Co *Wd Wdmd Holy 3piit Horpkd and tar coma of a me would mole the 1#onrh? Tw Pimbiwism adak tee" - token of bm county. h aevhmilk L Thatib De6admt, Jiok?tidt FlmaeiW b. a hr po6t oatpon-ioa embdisg mad dolq bueiaaw pimaoast b dw b m of dw gtmb of amas iNk Thmt the Dmdisdat.may be saved vAS dw I ... a dtlis Cotmt bymarviom of prunes epee in nghamat aptt, ,J;,M HiH (dty), P is blab) or Wou much ether penoas m dwdmod to be mav-aLdb?y?tyhe J _ Rdm otChIl Pmoodme d W buriomsaddiem, i? Buff . Hombd Cm ?. CA 3. !lout bmtweaa _411!12004 and S1171M Plaintiff sought ned ivocived medical- the Dadbdmd's hoikty in Ca¦s IUL PA . undw do cue of the OdBadmt. That at all timer rdtamd bwclo, the Ddaadut wmm mad is liable lbr the m done, emeimiow mad amgligcaoe. 4. 7bd Pleinfift priwry aompiaials mWad to severe joist pain, kg psi, back pia, and ions pai. That these mymplcnmt pool" lhrmmrtoM- his UcmleteeI witlreat a dimpalm ettbe pmtladar oame etsm myatpl orte, phlrmbod illasmm of owAdoa dmit dMoled the Pbb dQ m Nafta g Ddoo Waft Uemrsemt, by and through mmScd NO and medlcmfiomt. S. That on or about $j j1. PWofiff ws UWW by physicians who soon ader diagnosed. a:bolero, hompiWbmd Pb? sad pre paBiwt adegwleasedid pre. 6. 7bat dw DoibodwK was aegVpw i biting tadimgmse PhilitY'm medial ooaditioa, iigig b discover the blood old in PN lag wi4le a reasoaa6lc time dlans, Ming b pb n a yard is tho Paiaiiffs upper log lo, pow the blood dot banr aawig w wo do Plsletifb torso. "Ing"Povide sum" mkhfttr, properly commie Plaintiff b and m am the blood dot wa not as im medimle dmoger b PkMW* UAe plot b dbat 1 319 PImhW 3fft b admidrla s>mliqIpoedaizoae wMa tha f a sevaat home ofPlaitia'm mopiaiig otback psi, and hft b reader Uemfmat coambicut with a pops dimpwaic. 7. 7bet Ddeadm ft negligence dkecdy and pmWmd* rcmaked in umorxmmry savae phy*A m =W and amouosd pale and III ig mad muccomry method tradoreut. iosb mod espaae ova a period of one mouth mad Plain iff is cati led iD.cwva d* mw of yam and spinet the DdEm&d for aid aq ftmoa. Wl?$PORE. PWofiff alas this Complaint and dem eels judpoat of, hom and agaimt tbo Dchodent in the sum of S100, Qg acted dammgos together wbh prdadvuent iotaat and all comb of count accrued I I I i Respectfidly mbmkted, O&U_?J 1114124 Amm Lskd- -1 'D& EXHIBIT "B" (+) Poo ; cert. of u" ae too u ?rz 1, -- -„? , c e lily that (Attxvwy or PwW an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the cane, sldl or Wwwledge exercised or exhibited by this defendant in the Weatment, pnm*k eorworkthatIs the subject of the complaint, fell outside acceptable professional s anda vis 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 cane, skill or Mowledge exercised or exhibited by the other licensed professionals in the treahnent, 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 A-t DA expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant Date: A U/1 a ?? (Attorney or Party) -10- EXHIBIT "C" APR 2 7 2007 1 Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 717-871-4911 Admin@aaronlaird.com AARON LAIRD Plaintiff, VS. ' HOLY SPIRIT HOSPITAL DAVID GREENBERG, M.D. CHARLES YANOFSKY, M.D. ROBERT KANTOR, M.D. '01 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2753 CIVIL ACTION -LAW MOTION FOR EXTENSION OF STAY PURSUANT TO COURT ORDER DATED FEBRUARY 28, 2007 AND NOW, comes the Plaintiff, Aaron Laird, who files the following Motion and in support thereof states as follows: 1. On May 15, 2006, previous counsel of record for Plaintiff filed a Writ of Summons commencing the above captioned action. 2. After several requests to Reissue the Writ of Summons a Praecipe for Rule to File Complaint was filed by attomeys for Defendants David Greenberg, M.D. and Robert Kantor, M.D. on or about September 29, 2006. 3. A Praecipe for Rule to File Complaint was also filed by attomeys for Holy Spirit Hospital on October 5, 2006. The Rule was issued on October 5, 2006. 4. Previous counsel of record for Plaintiff filed a Petition for Leave to Withdraw As Counsel on or about October 4, 2006. The Petition also requested a stay of Proceedings for sixty (60) days. The Honorable Kevin A. Hess issued a Rule on the Petition on October 9, 2006 to show cause why the Petition should not be granted and stayed the proceedings. 5. A Response to the Petition for Leave to Withdraw as Counsel was filed by the Defendants David Greenberg, M.D. and Robert Kantor, M.D. stating that a stay of the proceedings would create a prejudicial effect on the Defendants. 6. In the interim of the Rule, issued on October 9, 2006 and the Response of Defendants David Greenberg, M.D. and Robert Kantor, M.D., which also was during the stay of proceedings, the Plaintiff filed a pro se Complaint on or about November 7, 2006. Attached to this pro se Complaint was a Certificate of Merit stating no expert testimony would be required. This was procedurally in error, as expert testimony is required in this matter. - Furthermore, Plaintiff has failed to list David Greenberg, M.D., Robert Kantor, M.D. and Charles Yanofsky, M.D. as Defendants, which was also procedurally in error. 7. After a Motion to Make Rule Absolute Mad by Defendant Holy Spirit Hospital on or about December 22, 2006, this Honorable Courtdenied the Petition for Leave to Withdraw as Counsel by Order dated January 18, 2007, due to the fact that it had not been served on the Plaintiff. 8. The Petition for Leave to Withdraw as Counsel was subsequently re-filed on or about January 23, 2007. A Rule to Show Cause was issued on February 1, 2007 and a hearing commenced on February 28, 2007. At that hearing an Order was issued by the Honorable Kevin A. Hess granting the Petition to Withdraw as Counsel and staying the proceedings for sixty (60) days for the Plaintiff for find new counsel. 2 9. This Order is the subject of this Motion. 10. The Plaintiff contacted Shane B. Kope, Esquire of Kope & Associates, LLC on or about March 15, 2007. After reviewing this case, Attorney Kope explained to Plaintiff that he needed to (1) Amend his complaint to include David Greenberg, M.D., Robert Kantor, M.D. and Charles Yanofsky, M.D. and (2) obtain a Certificate of Merit from an Expert stating this matter is actionable, it was furthered explained to the Plaintiff that before Attorney Kope would enter his appearance on behalf of Plaintiff and take on this responsibility, the Plaintiff's medical records need to be acquired and a medical expert consulted. 11. Although requested by Attorney Kope, the medical records have not been received in full; accordingly, there will not be enough time for Attomey Kope to adequately review the records or submit them to an expert by April 30, 2007 when the stay will be lifted. 12. Defendants will not be prejudiced by a further stay of the proceedings, but the Plaintiff will be prejudiced if the stay is lifted prior to him acquiring adequate representation. 3 , WHEREFORE, Plaintiff respectfully requests that this Court enter an Order of Court extending the stay in the above captioned proceedings for an additional sixty (60) days so Attorney Kope has adequate time to discern whether or not he will enter his appearance on Plaintiffs behalf. Respectfully Submitted, Aaron Laird, aintiffDated: y?'sj 4 Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 717-871-4911 Admin@aaronlaird.com AARON LAIRD Plaintiff, vs. HOLY SPIRIT HOSPITAL DAVID GREENBERG, M.D. CHARLES YANOFSKY, M.D. ROBERT KANTOR, M.D. ROBERT KANTOR, M.D. : IN THE COURT OF COMMON PLEAS : CUMBERLAND? COUNTY, PENNSYLVANIA NO. 06-2753 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Aaron Laird, do hereby certify that on this 4?5t' OF OIL, I served a true and correct copy of the foregoing Motion for Extension of Stay via regular U.S. First Class mail, postage prepaid, addressed as follows: Wilbur McCoy Otto, Esq. Dickie, McCamey & Chilcote Two PPG Place Suite 400 Pittsburgh, PA 15222-5402 Attorney for Holy Spirit Hospital Francis E. Marshall, Jr. Esq. Dickie, McCamey & Chilcote 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Attorney for Holy Spirit Hospital 5 Christopher Stump, Esq. Stevens & Less 25 N. Queen Street Suite 602 P.O. Box 1594 Lancaster, PA 17608-1594 Attorney for David Greenberg, M.D. & Robert Kantor, M.D. Lauralee B. Baker Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Charles Yanofsky, M.D. By. Aaron Laird, aintrif 1402 Foose Ridge Road Elliottsburg, PA 17024 (717) 871-4911 6 CERTIFICATE OF SERVICE AND NOW, September 6, 2007, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the U.S. certified mail/return receipt requested, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By Certified Mail/Return Receipt Reouested: Aaron Laird 1402 Foose Ridge Road Elliotsburg, PA 17024 (Plaintiff Pro Se) c-n ..? UO t DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR DEFENDANT BY: THOMAS M. CHAIRS, ESQUIRE HOLY SPIRIT HOSPITAL ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314903 as AARON LAIRD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. HOLY SPIRIT HOSPITAL, DAVID GREENBERG, M.D., CHARLES YANOFSKY, M.D. AND ROBERT KANTOR, M.D. NO. 2006-2753 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED Defendants TO THE PROTHONOTARY: Enter Judgment of Non Pros against Plaintiff, Aaron Laird, and in favor of Holy Spirit Hospital, (hereinafter "Defendant'), in the above-captioned professional liability action against said Defendant as to all claims against Defendant which require medical expert testimony, to the extent they exist and are plead. I, the undersigned, certify that the Plaintiff named above has asserted multiple direct and indirect professional liability claims against Defendant, which is a licensed professional, and that the only Certificate of Merit filed within the time required by Pa.R.C.P. 1042.3, certifies that expert medical testimony is not needed in the prosecution of his medical professional liability claims. I, the undersigned, further certify that no certificates of merit have been filed within the time required by Pa.R.C.P. 1042.3 as to the direct claims of liability that require expert testimony and/or claims of vicarious negligence against Defendant, to the extent they exist and are plead, for the actions/inactions of David Greenberg, M.D., Robert Kantor, M.D. and Charles Yanofsky, T r • M.D. and that there is no motion to extend the time for filing the proper certificate or merit pending before the Court. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 6, 2007 By: Th as Ch ' , Esquire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Phone 717-731-4800 Counsel for Defendant Holy Spirit Hospital CERTIFICATE OF SERVICE AND NOW, September 6, 2007, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF NON PROS upon all counsel of record by depositing, or causing to be deposited, same in the U.S. certified mail/return receipt requested, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By Certified MaWReturn Receiat Requested: Aaron Laird 1402 Foose Ridge Road Elliotsburg, PA 17024 (Plaintiff) Thom . Chairs, Esquire z 03, a ID ?.J tc: t -sa CA %P . DICKIE, MCCAMEY & CHILCOTE, P.C. BY Francis E. Marshall, Jr., Esquire ATTORNEY I.D. NO. 27594 BY Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp EBB Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) AARON LAIRD, Plaintiff V. HOLY SPIRIT HOSPITAL, DAVID GREENBERG, M.D., CHARLES YANOFSKY, M.D. AND ROBERT KANTOR, M.D, Defendants ATTORNEY FOR: DEFENDANT HOLY SPIRIT HOSPITAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2753 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED l:rfiOTIOO OF OF NON P1 TO: Aaron Laird 1402 Foose Ridge Road Elliotsburg, PA 17024 Date of Notice: Please be advised that a Judgment of Non Pros has been entered against you and in favor of Defendant, Holy Spirit Hospital in the above-captioned action. AL/ ?# I &#&? P. " m A Alb Date: timberland County PrCkhonotary DICKIE, MCCAM EY & CHILCOTE, P.C. BY Francis E. Marshall, Jr., Esquire ATTORNEY I.D. NO. 27594 BY Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) AARON LAIRD, Plaintiff V. HOLY SPIRIT HOSPITAL, DAVID GREENBERG, M.D., CHARLES YANOFSKY, M.D. AND ROBERT KANTOR, M.D, Defendants ATTORNEY FOR: DEFENDANT HOLY SPIRIT HOSPITAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2753 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED NBC AF JUDG _ OF NpN PROS TO: Aaron Laird 1402 Foose Ridge Road Elliotsburg, PA 17024 Date of Notice: Please be advised that a Judgment of Non Pros has been entered against you and in favor of Defendant, Holy Spirit Hospital in the above-captioned action. Date: 1l 01 5 Ohn berland County Pr onotary PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court, ---------------------------------------------------------------------------------------------- AARON LAIRD (Plaintiff) VS. HOLY SPIRIT HOSPITAL, DAVID GREENBERG, M.D., CHARLES YANOFSKY, M.D., AND ROBERT KANTOR, M.D. (Defendants) No. 2006-2753, Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant Holy Spirit Hospital's Preliminary Objections to Plaintiff's Complaint. 2. Identify counsel who will argue cases: (a) for plaintiff. Aaron Laird, pro se, 1402 Foose Ridge Road Elliotsburg PA 17024 (Name and Address) (b) for defendant(s): Thomas M. Chairs, Esquire 1200 Camp Hill Bypass Suite 205, Camp Hill PA 17011 Lauralee Baker. Esquire, P.O. Box 932 Harrisburg PA 17108 Christopher Stump, Esquire, 25 North Queen St Lancaster PA 17608 (Name and Address) 3. I will notify all parties in writing within two days that this case has been list or argument. 4. Argument Court Date: November 21, 2007. Signa e - Thomas M. Chairs Esquire Print your name Date: October 5, 2007 Attorney for Defendant, Holy Spirit Hospital CERTIFICATE OF SERVICE AND NOW, October 5, 2007, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing document upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Aaron Laird 1402 Foose Ridge Road Elliotsburg, PA 17024 (Plaintiff) Lauralee B. Baker, Esquire MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 (Counsel for Charles Yanofsky, M.D.) Christopher A. Stump, Esquire STEVENS & LEE, P.C. 25 North Queen Street P.O. Box 1594 Lancaster, PA 17608-1594 (Counsel for Defendants David Greenberg, M.D. and Robert Kantor, D.) C ? ?- °??n ? ?"+ ??, ? c'? ? ?` ? . `? ?., ?, ? ? f? ? ? ?-, ?? ? cr? -' ? ? ? ?. .c° 218324 AARON LAIRD, Plaintiff V. HOLY SPIRIT HOSPITAL, DAVID GREENBERG, M.D., CHARLES YANOFSKY, M.D. AND ROBERT KANTOR, M.D, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2753 MEDICAL MALPRACTICE ACTION Defendants JURY TRIAL DEMANDED ORDER AND NOW this If" day of ;a? 2007, by consideration of the Preliminary Objections filed by the Holy Spirit Hospital against the Plaintiff's Complaint it is HEREBY ORDERED and DECREED that said Preliminary Objections are GRANTED. Judgment is entered in favor of the Holy Spirit Hospital and against the Plaintiff. BY THE COURT: B 1 s,?,t? a-rny??\•r ?.t.l?? RL 4 ? 0 SERVICE ?Aaron Laird 1402 Foose Ridge Road Elliottsburg, PA 17024 Thomas Chairs, Esquire For Defendant Holy Spirit Hospital Christopher A. Stump, Esquire For Defendants Greenberg and Kantor CIOPL;29 mtac VII'Lauralee Baker, Esquire For Defendant Yanofsky ia/s/o7 ?:?n : rlm File Copy .? LIZ - ?753 Commonwealth Court of Pennsylvania Kristen W. Brown Irvis Office Building, Room 624 Prothonotary April 10, 2008 Harrisbum. PA 17120 Michael Krimmel, Esq. 717-255-1652 Chief Clerk of Commonweakh Covet TO: RE: Laird v. Holy Spirit Hospital No.578 MD 2006 Trial Court/Agency Dkt. Number: Trial Court/Agency Name: Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Contents of Original Record: Original Record Item Filed Date Description Date of Remand of Record: Enclosed is an additional copy of the certificate. Please acknowledge receipt by signing, dating, and returning the enclosed copy to the ro notary Office or the Chief Clerk's office. Commonwealth Court Filing Office Siqnature Date Printed Name ? rv r om 8:30 &M. Miscellaneous Docket Sheet Docket Number: 578 MD 2006 Pagg 1 of 3 April 10, 2008 r?7? . Aaron Benjamin Laird, Petitioner V. Holy Spirit Hospital, Respondent Initiating Document: Complaint Case Status: Closed November 6, 2006 Completed Case Processing Status: Journal Number: Case Category: Civil Commonwealth Court of Pennsylvania CaseType: Other Consolidated Docket Nos.: Related Docket Nos.: COUNSEL INFORMATION Petitioner Laird, Aaron Benjamin Pro Se: Prose Appoint Counsel Status: IFP Status: Attorney: Laird, Aaron Wftd ftM AN PO N Bar No.: Law Firm: Address: 1402 Foose Ridge Road OR 10 2008 Elliotsburg, PA 17024 Phone No.: Fax No.: Receive Mail: Yes TRIAL COURT/AGENCY INFORMATION Court Below: County: Date of Order Appealed From: Date Documents Received: November 3, 2006 Order Type: Division: Judicial District: Date Notice of Appeal Filed: Judge: Lower Court Docket No.: ORIGINAL RECORD CONTENTS 4/10/2008 5001 8:30 A.M. Miscellaneous Docket Sheet Docket Number: 578 MD 2006 Page 2 of 3 April 10, 2008 Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFING SCHEDULE DOCKET ENTRIES Filed Date Docket Entry/Document Name Exit Date Party Type Filed By November 3, 2006 Complaint Filed Petitioner Laird, Aaron Benjamin November 6, 2006 Transfer 11/8/2006 Per Curiam This matter is sua sponte transferred to the Court of Common Pleas of Cumberland County as it appearing that this court does not have jurisdiction over this appeal. April 10, 2008 Transfer to Court of Common Pleas Cumberland County. Commonwealth Court of Pennsylvania Commonwealth Court Filing Office SESSION INFORMATION Journal Number: Consideration Type: Date Listed/Submitted: 4/10/2008 5001 8:30 A.M. Miscellaneous Docket Sheet Docket Number: 578 MD 2006 .Page 3 of 3 April 10, 2008 DISPOSITION INFORMATION Related Journal Number: Judgment Date: 11/6/2006 Disposition Category: Disposed Before Decision Disposition Author: Per Curiam Disposition: Transfer Disposition Date: 11/6/2006 Dispositional Comments: This matter is sua sponte transferred to the Court of Common Pleas of Cumberland County it appearing that this court does not have jurisdiction over this appeal. Dispositional Filing: Author: Filed Date: REARGUM ENT/RECONSIDERATION/REMITTAL Reargument/Reconsideration Filed Date: Reargument Disposition: Date: Record Remitted: Commonwealth Court of Pennsylvania 4/10/2008 5001 r-.7 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Aaron Benjamin Laird, Plaintiff V. Holy Spirit Hospital, Defendant PER CURIAM ORDER NO. 578 M.D. 2006 NOW, November 6, 2006, upon consideration of the above- captioned matter, and it appearing that this Court does not have jurisdiction over this appeal, this matter is sua sponte transferred to the Court of Common Pleas of Cumberland County. The Chief Clerk shall certify a photocopy of the docket entries of the above matter and the record to the Prothonotary of the Court of Common Pleas of Cumberland County. wed from the Record Nov 8 2006 OW Order &* C7 ^ ? cap _ " ` ? -? "L7 ? ?._ a .,? '"" ? Iy r •' ? tv -c