The URL can be used to link to this page

Home My WebLink About02-1710IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Wesley D. Cassell Lnd Betty J. Cassell, Plaintiffs V. : : 3elvedre Medical Corporation, : David P. Albright, M.D., : ~nd Steven L. Hatleberg, M.D. : Civil Action - Law Date: Praecipe for Writ of Summons ~0 THE PROTHONOTARY OF CUMBERLAND COUNTY Please issue Writ of Summons in the above captioned action. Please forward the Writ to the Sheriff for service. Respectfully Submitted, DISSINGER AND DISSINGER' William q~. D~sing~ Supreme Court ID# (F7737 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 DISSIN©ERJ DISSINGER Camp Hill Offices: 717.975.2840/voice * 717.975.3924/fax Marysville Offices: 717.957.3474/voice · 717.957.2316/fax To: Sheriff of Cumberland County FROM: William C. Dissinger, Esquire Re: Service of Writs of Summons Please serve the Writs of Summons on: a) Belvedre Medical Corporation b) David P. Albright, M.D. c) Steven L. Hatleberg, M.D. Ail my served at 850 Walnut Bottom Road, Carlisle, Pennsylvania 17013. This is the regular place of business for Belvedre Medical Corporation and the office or usual place of business for David P. Albright, M.D. and Steven L. Hatleberg, M.D. Attorneys at Law 28 North Thirty-Second Street · Camp Hill, PA 17011 400 South State Road · Marysville, PA 17053 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS WESLEY D. CASSELL AND BETTY J. CASSELL, Plaintiff Vs. Court of Common Pleas No. 02-1710 CIVIL TERM In CivilAction-Law BELVEDRE MEDICAL CORPORATION DAVID P. ALBRIGHT, M.D., AND STEVEN L. HATLEBERG, M.D. 850 WALNUT BOTTOM ROAD CARLISLE, PA 17013, Defendant To BELVEDERE MEDICAL CORPORATION, DAVID P. ALBRIGHT, M.D., AND STEVEN L. HATLEBERG, M.D. You are hereby notified that WESLEY D. CASSELL AND BETTY J. CASSELL, the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date APRIL 8, 2002 CURTIS R. LONG Prothonotary Deputy ATTORNEY Name: WILLIAM C. DISSINGER, ESQUIRE Address: 28 N. 32ND STREET CAMP HILL, PA 17011 Attorney for: Plaintiff Telephone: 717-975-2840 Supreme Court ID No. 27737 SHERIFF'S RETURN - REGULAR CASE NO: 2002-01710 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAAID CASSELL WESLEY D ET AL VS BELVEDRE MEDICAL CORP ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BELVEDERE MEDICAL CORPORATION the DEFENDANT , at 1330:00 HOURS, on the llth day of April at 850 WALNUT BOTTOM ROAD CARLISLE, PA 17013 by handing to SONIA R FLEGEAL KIPP a true and attested copy of WRIT OF SUMMONS , 2002 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /'?~ day of ~,~ ~2~,L A.D. So Answers: R. Thomas Kline 04/12/2002 DISSINGER DISSINGER 'ue~uty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-01710 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CASSELL WESLEY D ET AL VS BELVEDRE MEDICAL CORP ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ALBRIGHT DAVID P MD the DEFENDANT , at 1325:00 HOURS, on the llth day of April at 850 WALNUT BOTTOM ROAD CARLISLE, PA 17013 by handing to DEBBIE FABRIZIO, SECRETARY a true and attested copy of WRIT OF SUMMONS , 2002 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /?~ day of 0~;~ ~32~ A.D. ! ~rot~notary ' ' - So Answers: R. Thomas Kline 04/12/2002 DI SSINGER DISSINGER Deputy SHERIFF'S RETURN - REGULAR CASE NO: 2002-01710 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CASSELL WESLEY P ET AL VS BELVEDRE MEDICAL CORP ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HATLEBERG STEVEN L MD the DEFENDANT , at 1325:00 HOURS, on the llth day of April at 850 WALNUT BOTTOM ROAD CARLISLE, PA 17013 by handing to DEBBIE FABRIZIO, SECRETARY a true and attested copy of WRIT OF SUMMONS , 2002 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /7~ day of ~ ~3~ A.D. i~r6~honof &~y- So knswers: R. Thomas Kline 04/12/2002 DISSINGER DISSINGER Deputy Sheriff THOMAS, THOMAS & HAFER, LLP By: Peter J.. Curry, Esquire Identification No. 16622 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Defendants WESLEY D. CASSELL and BETTY J. CASSELL, Plaintiffs BELVEDERE MEDICAL CORPORATION, DAVID P. ALBRIGHT, M.D., and STEVEN J. HATLEBERG, M.D., Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : DOCKET NO. 02-1710 Civil Term : JURY TRIAL DEMANDED TO THE PROTHONOTARY: Kindly enter our appearance on behalf of the Defendants in the above-captioned case. Respectfully submitted, T-H~THOMAS & HAFER, LLP CERTIFICA_TE OF SERV/CE I, Kathy L. Sitler, an employee of the law offices of Thomas, Thomas & Haler, LLP, do hereby certify that I served a true and correct copy of the foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: William C. Dissinger, Esquire Dissinger & Dissinger 28 North 32nd Street Camp Hill, PA 17011 Date: ~JL~ [7 ~~ CERTIFICATE PKEREQUISITK TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WESLEY D. & BETTY J. CASSELL -VS- BELVEDERE MEDICAL CORPORATION, DAVID P. COU~T OF COf940N PLEAS TERM, CASE NO: 02-17107 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HUGH P. O'NEILL~ III, ESq. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/07/2002 HUGH P. O'NEILLr III, Esq. Attorney for DEFENDANT DE12-219000 9 4 0 4 5 --LO1 9572316 '85/88/2882 89:i4 9572316 DISSINGER PAGE . .~-,,,:~ ,~-?~ .,=_-:?..-,~!-_-'.~~.,._ -- "-'~?~::~6~'~,':'. · ....... .~._, ~,.~ ........... ~ ..... .~ ~.,... 1601 Market Sizee~ Su~lv 800, Pl:~ad~ph~ pennsy~n;,. 19103 (Z~9 2~6- 0~00 Fax ~T---~ (2L~) ~6- O~ URGI NT..II. URGENTt~!t! URGENT!!!I! COI~I~ON--W-:A~- TH OF PENNS~rLVAI~IA COUNTY OF CUI~REI~T -AI~D IN THE HATTE~ OF: VESLEY D. & BETTY J. CASSELL -VS- BEL¥~g~E HRI~ICAL CORPORATION, DAVID P. ALBRIGHT, HD & STisWEN HATLEB~G, HD NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE ~ AND COU~T OF COHMON PLEAS TE~M, CASE NO: 02-17109 T~IN6S FOR DISCOv~a~ Pu--as~p~T TO a~.~ 4009.21 CARLISLE HOSPITAL VA [4K,]ICAL CENTER LEWISTOWN HOSPITAL N71.TON ~SHEY ~uICAL CENTE~ H~nlCAL RECORDS lkflmlCAT. RECOEDS I~DICAL RECORDS ~ICAL RECORDS TO: WILLIAH C. DISSINGER, ESQUIRE HCS on behalf of HUGH P. 0'NE?LL~ III~ ESQ. ~ntends to serve a subpoena identical to the one ~hat is attached to this notice. Yon have t~enty (20) days from the date listed belme Lu ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. C~lete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to ~S or by contacting our local HCS off~ce. DATE: 05107]2002 CC: HUGH P. O'N~TL~., III, KEITH RICHARD - 430-20525 - 338248 HCS on behalf of HUGH P. 0'NEYI,I., III, ESQ. Attorney for Any questions regarding this matter, contact TH~ 14CS GROUP INC. 1601 MAe~q~T STenT t800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-186444 94045--C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WESLEY D. & BETTY J. CASSELL : : -VS- : : BELVEDERE MEDICAL CORPORATION, DAVID P. · ALBIRGHT, M.D. & STEVEN HATLEBERG, M.D.. File No. 02-1710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009-~9 TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL (Nme o~ Per'IOn or Wi,hi. twe.ty (20) d.ys ~fler ~rvice of thi, ~AT~AY~t~E~ o~dered by the coum to pro4uce the foilowtnS 4ocum.nts or things: at THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA PA 19103 (Add~e~) You may deliver or mail legible copies of the documents or produce thinss requested by this subpoena, to~ether with the certificate of compliance, to the party makin$ this request at the address listed above. You have the right to seek. in advance, the ~easonable cost of preparin$ the copies or producin$ the things sought. If you fail to produce the documents or thinp requited by this subpoena, within twenty (ZO) days after its service, the party servin$ this subpoena may seek a court ord~ compellin$ you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: HUGH P. O'NEILL, III, ESQ. ADDRESS: 305 NORTH FRONT ST., P.O. BOX 999 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: A'I'rORNEY FOR: THE DEFENDANT ' ~ - : MAY DATE: ~ Seal of the Court (Eff. 7/97) '.XPLANATION OF Ri OUIR D Rg ORDS TO: CUSTODIAN OF RECORDS FOR: CAI~I .ISI .i~. HOSPITAL 246 PARKER STREETF CAI~I.ISI.~.~ PA 17013 RE: 94045 ESI.lk=Y D. CASSF. I.I. Any and aH records, corresl~ndence, files and memorandums, handwritten notes, relating to any cxnmmatiOll, consultation care or treatment. Dates Requested: up to and including the present. Subject: F, SLEY D, CASSELL 825 N. HANOVER STIIF. I~F, CAill.l.ql.~, PA 17013 Date of Birth: 01-08=1923 5010-372908 94045--L01 C~I[TIFICATE PP~q[EQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WESLEY D. & BETTY J. CASSELL -VS- BELVEDERE MEDICAL CORPORATION, DAVID P. COURT OF COitiON PLEAS TERM, CASE NO.' 02-17109 As a prerequisite to service of a subpoena for documents and thinss pursuant to Rule 4009.22 MCS on behalf of HUGH P. O'NEILL~ III, Esq. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/07/2002 MCS on behalf of HUGH P. O'NEILL, III, ESq. Attorney for DEFENDANT DE12-219001 9 4 0 4 5 --LO2 (~OFII~O~T-TH OF PEIqlqSI'7_.V~/qI_A. C el/lq T Y OF TN TH~ MATTER 0F** MKSLKY D. & BETTY J. CASS~.r. -VS- BKLVKDKRK ~XhlCJ~L CORPORATION, DAVID P. ALBRIGHT, ~fl) & STKVKN HATLKBK~, J~ NOTXCE OF INTEMT TO SERV~ A SUBPOENA TO PRODUCE DOCTm~TS AND COPT 0P C(I~J01J PLEAS CASE M0:02-17109 THINGS FOR DISCOVerY PURSUABT TO RULE 4009.21 CARLISLK HOSPITAL VA hm~XC~kl, CKNTKR LK~STo~lJ HOSPITAL WrT.TOM ff~sSHKY I~DXGAL CKlJT~ I~DXGAL RKCORD$ I~DICAL RECORDS t~DXCAL ii,CORDS I~DICAL RECORDS TO** IdT~.LX~M C. DISSXI~EU, ESQUXRK MCS on behalf of HUGH P. O'll~T~-r., XXI, Ksq. lntendo to serve a subpoena identical to the one that is attached to th~s ~otice. Yon have twenty (20) days £r-- the date listed below ~n ui~Lch to file of record and serve upon the undersigned an objection to the sublmena. If the tu~nt7 day notice period is waived or if no objection is mmda, tJ~en the subpoena may be served. Ccmt21ete copies of any reproduced records may be ordered at your expense by cogplet~n$ the attached counsel card and returninS seno to MCS or by contactinS onz local MCS office. DA1~: 05~07~2002 CC** HUGH P. O'MKTI~-, III, ESq. KEITHRI~Aen - 430-20525 - 338248 Any questions resardin$ this matter, contact M~S on behalf of HU~H P. 0'MKTIZ, III, ESq. Attorney for Dsem~2ANT T~MCS GROUP IIqC. 1601 MARKET STUi~T ~800 PH]:LADKLPHIA, PA 19103 (215) 246-0900 DK02-186444 ¢:~0~--~--C0~- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLANr~ WESLEY D. & BETTY J. CASSELL : : -VS- : : BELVEDERE MEDICAL CORPORATION, DAVID P.. ALBIRGHT, M.D. & STEVEN HATLEBERG, M.D.. File No. 02-1710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 ~ TO: CUSTODIAN OF RECORDS FOR: VA MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this s~Lpq~~ ordered by the court to produce the followin~ documents or thinKs: at THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELPHIA PA 19103 (AddtL~8) You may deliver or mail lesible copies of the documents or produce thinks requested by this subpoena, toKether with the certificate of compliance, to the party makin$ this request at the address listed above. You have the risht to seek, in advance, the reoson~ble cost of preparing the copies or ~oducir~ the thinks sought. you fail to produce the documents or thinks required by this subpoena, within twenty (20) days iftor its service, the party sorvin$ this subpo~ru mey seek a court ordor compelill~ you to comply with it. THIS SUBPOENA WAS ISSUED AT TI~ REQUEST OF THE FOLLOWING PERSON: NAME: HUGH P. O'NEILL, III, ESQ. ADDRESS: 305 NORTH FRONT ST., P.O. BOX 999 HARRISBURG PA 17108 TELEPHON~ (215) 246-0900 SUPREME COURT ID ~. A I-[ORNEY FOR: THE DEFENDANT ~ ' : MAY 132002 DATE: ~ Seal of the Court (Eff. 7/97) XPLANATION OF RI QUIRED I RCORDS TO: CUSTODIAN OF RECORDS FOR: VA MEDICAL CENTER 1700 S. LIN(X)LN AVENUE I.I~ANON, PA 17042 RE: 94045 Any and aH records, cot~e~pon.dence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and ind~Ung the present. Subject: ~ D. ~qSlZlJ. 8~S N. HANOVER $Tl~g.~, C. AI~I.I.RI.I~.~ PA 1701~3 Date of Blah: 01-08-19~3 SWl0- 372910 94045--L0~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: WESLEY D. & BETTY J. CASSELL -VS- BELVEDERE MEDICAL CO~PORATION, DAVID P. COURT OF COITION PLEAS TERM, CASE NO: 02-17109 As a prerequisite to service of a subpoena for documents and thinss pursuant to Rule 4009.22 MCS on behalf of HUGH P. O'NEILL, III, ESq. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/0712002 MCS on behalf of HUGH P. O'NEILL, III, Esq. Attorney for DEFENDANT DE12-219002 9 4 0 45--L0 3 COI4FIOI9%T~-AT.TH OF PENNSI"L, VzqlqIzq COIII~TY OF Cl~I~EI~T-~ITI) IN TuJ~ HATTER WESLEY D. & BETTY J. CASSmJ. -VS - B~Lv~v~P~ I~DICAL C0~TION. ~ P. CO~T 0P C09~0N PI, gAS CASE B0:02-17109 FOR DISC-u~ ~,u~.~uANT TO Ku~,E 4009.21 CARLISLE HOSPITAL VA ~ICAL C~NTwB LEIilSTO~I HOSPITAL MILTON ,av.~uax MEDICAL CENT~ ~DICAL E~COEDS I~DIGAL EF~0ED$ ~I~ l~C01~8 TO: lilllT~4 C. DISSlII;~. ES~UI~e NC$ ~ ~h~lf of u~ P. 0'~3.~ III, E~. ~t~ds to .em a s~ ~d~t~cal to ~e ~e th-t ~ attac~d to ~ ~t~ce. Y~ ~ ~ty (20) ~y~ fr~ ~e ~te l~sted ~l~ ~ ~ch to f~le of record ~d se~ ~ ~ders~ed ~ object~ to ~e .~. I~ ~e ~ty ~y not,ce ~r~ mired or ~f no object~ im ~, ~ ~e s~ ~y ~ .e~d. Owlets c~es of ~y repr~ed records ~y ~ or. red at y~r mss ~ c~let~ ~e attached co~sel card ~d ret~ sm to ~ or ~ c~ct~ ~r l~al ~S off,ce. DAI'g: 05~07~2002 CC: BUGH P. O'RNTT~., III, ESq. KEITRRIC~BD - 430-20525 - 338248 Any questions regarding this mtter, contact MOS on behalf of ~ P. O'I~TI-Lt IIIt ESq. Attorney for b~,mmABT TR~MOS G~0UP I~C. 1601 MAgrKT STYliST t800 P~~, PA 19103 (215) 246-0900 DE02-186444 94045--CO2 · COMMONWEALTH OF PENNSYLVANL· COUNTY OF CUMBERLAND WESLEY D. & BETTY J. CASSELL : : -VS- : : BELVEDERE MEDICAL CORPORATION, DAVID P. . ALBIRGHT, M.D. & STEVEN HATLEBERG, M.D.. File No. 02-1710 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009_~9 TO: CUSTODIAN OF RECORDS FOR: LEWISTOWN HOSPITAL (Name of Pm~on or Within twenty (20) · ' thinx: days after serv.c, of this ~A~Tf~Ea~e ordered by the court to produce the followin~ do~un~nts or at THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILADELP~ITA PA 19103 {Add~sa} You may deliver or mail legible copies of the documents or produce thin~s requested by this subpoena, tosether with the certificate of compliance, to the patty m~kin$ this requ~t at the addtt~s listed above. You have the right to seek. in advance, the reasonable cost of preparing the copies or producing the thinss sought. If you fail to produce the documents or thinSS requited by this subpoma, within twenty (~0} days aft~ its service, the party serving this subpoena may seek a court ordor coml~Hlng you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: HUGH P. O'NEILL, IIT, ESq. ADDRESS: 305 NORTH FRONT ST., P.O. BOX 999 HARRT SBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: A~FORNEY FOR~ THE DEFENDANT ..... I AY ! 3 DATE: ~ Seal of the Court (Eff. 7/97) EXPLANATION OF IH 'QUIRF. D RF4 ORDS TO: CUSTODIAN OF RF_K~RDS FOR: !.I%VlSTOWN HOSPITAL 400 HIGHLAND AVENUE L~7~ISTOWN, PA 170~.41198 RE: 94045 ESI.I~ D. CASSEI.I. Any and all records, correspondence, files and memorandums, hamtwritteo no~s, relatinE to any examination, consultation care or treatment. Dates Requested: up to and induding the pruent, Subject: ESLEY D. CASSini 825 N. HANOVER STI~, CA~!.Lq!.I~.~ PA 17013 Social Security//:. Date of Birth: 01-08-1923 SU10-372912 94045--L03 Cgl~.TIPICATE Pllgl~QU~SITK TO SERVICE OP A SUBPOENA PURSUANT TO RUlE 4009.22 IN THE MATTER OF: WESLEY D. & BETTY J. CASSELL -VS- BELVEDEKEMEDICAL CORPORATION, DAVID P. COURT OF COI~4ON PLEAS TERM, CASE NO: 02-17109 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HUGH P. 0'NEILL~ III~ ESq. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/07/2002 MCS on behalf of HUGH P. O'NEILLr III, ESq. Attomey for DEFENDANT DE12-219003 9 4 0 4 5 --LO 4 CO~Oh--wT~A~-TH OF PENNSY]~V~dqIA CO~qTY OF C~_BE~-~D IN THE HATTER OP: ]dESLEY D. & BETTY J. CASSKLL -VS- B~LV~DW~ ~IGAL CORPORATION, DAVID P. ALBRIGHT, ND & STKVKB HA~, ND NOTICE OF INTENT TO SERVE A SUBPORMA TO pR0~F~F_ u _~_n0~nmwTS AN~ COURT OF C(~Of01J ~ CASK NO: 02-17109 FOR DTS~ovm(~ ~U~ua~T TO usa. ~' 4009.21 GARLISLK HOSPITAL VA I~DICAL CKBTKR L.gb~ S~ HOSPZ?Ai'- HILTON HERSHEY IMImICAL CKBTKR TO: b~LL~M C. DISSI]H~R, KSQUIIK M~S on behalf of H~H P. O,HFr~J.t li1t g~. hr8 to sero a ~ i~tical to ~e ~e ~t l0 at~ to ~h~ ~tice. Y~ hve ~ty (20) ~y. rrm ~e ~te listed bl~ ~ ~ to file of record ~ 8e~ ~ ~dero~ed ~ obJect~ to ~e ~. If ~ ~ty ~y ~tice ~r~ ui~d or if no obJect~ 18 ~, ~ ~ 8~ my b oe~d. ~lete c~ee of ~y repr~ed recor~ my b o~=ed at y~r ~oe ~ c~let~S ~e attached co~8el card ~ ~t~{n~ om to ~S or ~ c~tact~ ~ l~al ~S off,ce. DATE: 05~07~2002 CC: HUGH P. O'HKT~.f., III, ESQ. EKITHUTG~RD - 430-20525 - 338248 Any questions regard~n$ this matter, contact NDS on behalf of HU~H P. O'HKT~.f., li1t ESq. Attorney for DKFKBDABT THK MCS GROUP 1601HARK ET STRKET ~8oo PHILADKLPHIA, PA 19103 (215) 246-0900 DK02-186444 94045--CO2 COMMONWEALTH OF PENNSYLVANI.~ COUNTY OF CUMBERLAND WESLEY D. & BETTY J. CASSELL : : -VS- : : BELVEDERE MEDICAL CORPORATION, DAVID P. · ALBIRGHT, M.D. & STEVEN HATLEBERG, M.D.. File No. 02-1710 SUBPOENA TO PRODUCE DOCUMENTS OR THING?, FOR DISCOVERY PURSUANT TO RULE 4009_~'~ TO: CUSTODIAN OF RECORDS FOR: MILTON HRnSHEY MEDICAL CENTER Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED a! THE MCS GROUP INC., 1601 MARKET STREET, #800, PHILAnELPHIA PA 19103 (Addtm~s) YOU may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party makin$ this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies ot producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: HUGH p. O'NEILL, III, ESq. ADDRESS: 305 NORTH FRONT ST., P.O. BOX 999 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900' SUPREME COURT ID ~. ATTORNEY FOR: THE DEFENDANT DATE: Seal of the Court (Eff. 7/97) EXPLANATION OF RFQUIRED R '.CORDS TO: CUSTODIAN OF RECORDS FOR: MILTON HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE PO BOX 850 HERSHEY, PA 17033 RE: 94O45 ES! .Hy D. CASSg.!.L ~my am:l all records, correspond_, ce, files and memoranduma, handwritten no~s, relating to any examination, cm~ultation care or treatmtat. Subject: ESLEY 825 N. HANOVER STIai~T, ~ PA 17013 Social Securit~ & 188-12-3464 Da~e of Birth: 01-08-1923 SUlO-$72914 94045--L04 D. CASELL BETTY J. CASSELL, Plaintiffs vs. 3ELVEDERE MEDICAL CORPORATION, P. ALBRIGHT, M.D., STEVEN J. HATLEBERG, M.D., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW NO. 02-1710 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the set forth in the following pages, you must take action wit ~wenty (20) days after this complaint and notice are served, by a written appearance personally or by attorney and filing writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the may proceed without you and a judgment may be entered against by the court without further notice for any money claimed in the )laint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important ~o you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 WillY--ire Attorney for Plaintiffs D. CASELL BETTY J. CASSELL, Plaintiffs vs. MEDICAL CORPORATION, P. ALBRIGHT, M.D., STEVEN J. HATLEBERG, M.D., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW NO. 02-1710 COMPLAINT AND NOW comes the Plaintiffs, Wesley D. Cassell and Betty J. , his wife, by and through their attorneys, Dissinger and er, and represent the following: 1. Plaintiff, Wesley Do Cassell, is an adult individual residing at 825 N. Hanover Street, Apt. 307, LeTort Manor, Carlisle, Cumberland County, Pennsylvania. 2. Plaintiff, Betty J. Cassell, is an adult individual .g at 825 N. Hanover Street, Apt. 307, LeTort Manor, Carlisle, and County, Pennsylvania. 3. Defendant, Belvedere Medical Corporation is a corporation organized and existing under the laws of the State of Pennsylvania, its principal place of business at 850 Walnut Bottom Road, and County, Carlisle, Pennsylvania. At all times material Defendant, Belvedere Medical Corporation was doing business in the Commonwealth of Pennsylvania. 4. Defendant, David P. Albright, M.D., is an adult individual at all times material hereto was a duly licensed physician with professional offices at 850 Walnut Bottom Road, Cumberland County, Pennsylvania. 5. Defendant, Steven J. Hatleberg, M.D., is an adult individual who at all times material hereto was a duly licensed physician with professional offices at 850 Walnut Bottom Road Cumberland County, Pennsylvania. 6. At all times material hereto Defendant, David P. Albright, M.D., was the agent or employee of Defendant, Belvedere Medical Corporation, and acting within the course and scope of his agency or employment. 7. At all times material hereto Defendant, Steven J. Hatleberg, M.D., was the agent or employee of Defendant, Belvedere Medical Corporation and acting within the course and scope of his agency or employment. 8. At all times relevant hereto, the above Defendants were acting individually and through their authorized agents, servants, workmen and employees, then and there acting within the course and scope of their employment. 9. On or about March 17, 2000, Plaintiff, Wesley D. Cassell, experienced severe abdominal pain. 10. Plaintiff, Betty J. Cassell, transported Plaintiff, Wesley D. Cassell, to the Carlisle Hospital, Emergency Room. 11. Plaintiff, Wesley D. Cassell, was examined by and came under the care and treatment of Defendant, David P. Albright, M.D., at the Emergency Room. 12. Plaintiff, Wesley D. Cassell, was kept overnight for observation and released the next day March 18, 2000 without any definite diagnosis. 13. Plaintiff, Wesley D. Cassell, continued to experience severe abdominal pain, nausea and vomiting. 14. On March 23, 2000, Plaintiff, Wesley D. Cassell, was transported to the Carlisle Hospital Emergency Room by Plaintiff, IBetty J. Cassell. Plaintiff, Wesley D. Cassell, was given on for pain, sent home and told to consult his family doctor. 15. Plaintiff, Wesley D. Cassell, continued to experience abdominal pain, fever, nausea and vomiting. 16. On March 24, 2000, Plaintiff, Betty J. Cassell, transported Plaintiff, Wesley D. Cassell, to the office of Defendant, Belvedere Medical Corporation, where he was examined and came under the care of Steven J. Hatleberg, M.D. 17. Defendant, Steven J. Hatleberg, M.D., told Plaintiff, Wesley D. Cassell, to return to his office in three (3) days. 18. Plaintiff, Wesley D. Cassell, continued to experience. severe abdominal pain , fever, nausea and vomiting. 19. On March 27, 2000, Plaintiff, Betty J. Cassell, transported Plaintiff, Wesley D. Cassell, to the office of Defendant, Belvedere Medical Corporation, where he was examined by Steven J. Hatleberg, M.D. 20. Defendant, Steven J. Hatleberg, M.D., told Plaintiff, D. Cassell, to return to his office in May. 21. Plaintiff, Wesley D. Cassell, continued to experience severe abdominal pain, fever, nausea and vomiting. 22. On April 5, 2000, Plaintiff, Betty J. Cassell, transported Plaintiff, Wesley D. Cassell, to the Veterans Administration clinic in Camp Hill, Cumberland County, Pennsylvania. 23. The Veterans Administration clinic sent Plaintiff, Wesley D. Cassell, to the Urgent Care Unit in the Lebanon Veterans Administration hospital, Lebanon, Lebanon County, Pennsylvania. 24. Having no surgeons available the Veterans Administration Hospital sent , Plaintiff, Wesley D. Cassell, to the Hershey Medical Center, Hershey, Dauphin County, Pennsylvania on April 7, 2000. 25. Surgeons at the Hershey Medical Center implanted a drain in Plaintiff, Wesley D. Cassell's, lower abdomen to drain a lower right quadrant abscess, perforated appendix. 26. By April 8, 2000 and April 9, 2000, Plaintiff, Wesley D. Cassell, experienced great improvement with the pain, fever, nausea and vomiting subsiding. 27. After the improvement of April 8, 2000 and April 9, 2000, Plaintiffs, Wesley D. Cassell and Betty J. Cassell, became aware of the negligence of Defendants, Belvedere Medical Corporation, David P. Albright, M.D., and Steven J. Hatleberg, M.D., in diagnosing and treating Plaintiff, Wesley D. Cassell. COUNT I NEgLIgENCE Plaintiff, Wesley D. Cassell v. Defendant, Belvedere Medical Corporation. 28. Plaintiff, Wesley D. Cassell, incorporates the allegations contained in paragraphs 1 through 27, above, as though set fortk herein at length. 29. The carelessness and negligence of Defendant, Belvedere Medical Corporation, in rendering the aforementioned medical care includes, but is not limited to the following: a) Failure to provide the requisite care in managing Plaintiff, Wesley D. Cassell's, medical condition. b) Failure to conform to the requisite standard of care under the circumstances. c) Failure to properly diagnose and treat Plaintiff, Wesley D. Cassell. d) Failure to perform necessary medical testing and other diagnostic testing on Plaintiff, Wesley D. Cassell, to determine the nature and scope of Plaintiff, Wesley D. Cassell's, medical condition. 30. As a direct and proximate result of the carelessness and ~egligence of the Defendant, Belvedere Medical Corporation, Plaintiff, Wesley D. Cassell has been forced to expend large sums of money for medical care and treatment in the past will be forced to continue to expend large sums of money for medical expenses in the future. 31. As a direct and proximate result of the carelessness and negligence of the Defendant, Belvedere Medical Corporation, Plaintiff, Wesley D. Cassell, has in the past and will continue in the future to suffer severe mental anguish, embarrassment, humiliation and loss of life's pleasures. 32. As a direct and proximate result of the carelessness an( negligence of the Defendant, Belvedere Medical Corporation, Plaintiff, Wesley D. Cassell, has in the past and will continue in the future t suffer mental pain and anguish as well as physical pain and suffering. WHEREFORE, Plaintiff, Wesley D. Cassell demands judgment against Defendant, Belvedere Medical Corporation, in an amount in excess of Twenty-five Thousand ($25,000.00) dollars together with costs and any other relief the Court deems appropriate. COUNT II NEGLIGENCE Plaintiff, Wesley D. Cassell v. Defendant, David P. Albright, M.D. 33. Plaintiff, Wesley D. Cassell, incorporates the allegations contained in paragraphs 1 through 32, above, as though set forth herein at length. 34. The carelessness and negligence of Defendant, David P. Albright, M.D., in rendering the aforementioned medical care includes, but is not limited to the following: a) Failure to provide the requisite care in managing Plaintiff, Wesley D. Cassell's, medical condition. b) Failure to conform to the requisite standard of care under the circumstances. c) Failure to properly diagnose and treat Plaintiff, Wesley D. Cassell's, condition. d) Failure to perform necessary medical testing and other diagnostic testing on Plaintiff, Wesley D. Cassell, to determine the nature and scope of Plaintiff, Wesley D. Cassell's, medical condition. 35. As a direct and proximate result of the carelessness andi negligence of the Defendant, David P. Albright, M.D., Plaintiff, Wesley D. Cassell has been forced to expend large sums of money for medical care and treatment in the past will be forced to continue to expend large sums of money for medical expenses in the future. 36. As a direct and proximate result of the carelessness and negligence of the Defendant, David P. Albright, M.D., Plaintiff, Wesley D. Cassell, has in the past and will continue in the future to suffer severe mental anguish, embarrassment, humiliation and loss of life's pleasures. 37. As a direct and proximate result of the carelessness ant negligence of the Defendant, David P. Albright, M.D., Plaintiff Wesley D. Cassell, has in the past and will continue in the futur~ t suffer mental pain and anguish as well as physical pain an( suffering. WHEREFORE, Plaintiff, Wesley D. Cassell demands judgment against Defendant, David P. Albright, M.D., in an amount in excess of Twenty-five Thousand ($25,000.00) dollars together with costs and any other relief the Court deems appropriate. COUNT IIX NEGLIGENCE Plaintiff, Wesley D. Cassell v. Defendant, Steven J. Hatleberg, M.D. 38. Plaintiff, Wesley D. Cassell, incorporates the allegations contained in paragraphs 1 through 37, above, as though set forth herein at length. 39. The carelessness and negligence of Defendant, Steven J Hatleberg, M.D., in rendering the aforementioned medical care includes, but is not limited to the following: a) Failure to provide the requisite care in managing Plaintiff, Wesley D. Cassell's, medical condition. b) Failure to conform to the requisite standard of care under the circumstances. c) Failure to properly diagnose and treat Plaintiff, Wesley D. Cassell's, condition. d) Failure to perform necessary medical testing and other diagnostic testing on Plaintiff, Wesley D. Cassell, to determine the nature and scope of Plaintiff, Wesley D. Cassell's, medical condition. 40. As a direct and proximate result of the carelessness ant ~egligence of the Defendant, Steven J. Hatleberg, M.D., Plaintiff Wesley D. Cassell has been forced to expend large sums of money for medical care and treatment in the past will be forced to continue to expend large sums of money for medical expenses in the future. 41. As a direct and proximate result of the carelessness and negligence of the Defendant, Steven J. Hatleberg, M.D., Plaintiff Wesley D. Cassell, has in the past and will continue in the future to suffer severe mental anguish, embarrassment, humiliation and los~ of life's pleasures. 42. As a direct and proximate result of the carelessness negligence of the Defendant, Steven J. Hatleberg, M.D., Plaintiff, Wesley D. Cassell, has in the past and will continue in the future t suffer mental pain and anguish as well as physical pain an~ suffering. WHEREFORE, Plaintiff, Wesley D. Cassell demands judgment against Defendant, Steven J. Hatleberg, M.D., in an amount in excess of Twenty-five Thousand ($25,000.00) dollars together with costs and any other relief the Court deems appropriate. COUNT IV LOSS OF CONSORTIUM Plaintiff, Wesley D. Cassell v. all Defendants 43. Plaintiff, Betty J. Cassell, incorporates the allegations contained in paragraphs 1 through 42 above, as though set forth herein at length. 44. As a result of the carelessness and negligence of th Defendants, Plaintiff, Betty J. Cassell, has been required and wil continue to be required to expend money and incur financia obligations in her effort to obtain medical care for her husband. 45. Betty J. anguish. As a result of the injuries to her husband, Plaintiff, Cassell, has suffered severe emotional distress and 46. As a result of the injuries to her husband, Plaintiff, Betty J. Cassell, has been deprived and will continue to be deprived of her husband's aid, comfort, services and companionship, all to her great detriment and loss. WHEREFORE, Plaintiff, Betty J. Cassell, dermands judgement against Defendants, Belvedere Medical Corporation, David P Albright, M.D. and Steven J. Hatleberg, M.D., in an amount in excess ~of Twenty-five Thousand ($25,000.00) dollars, together with costs and any other relief the Court deems appropriate. Respectfully submitted, Attorney for Plaintiffs Supreme Court ID # 27737 28 North 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION We, Wesley D. Cassell and Betty J. Cassell, verify that the statements made in the Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification. W~sley D. Jassell, Plaintiff Betty ~. ~assell, Plaintiff WESLEY D. CASELL and BETTY J. CASSELL, Plaintiffs vs. BELVEDRE MEDICAL CORPORATION, DAVID P. ALBRIGHT, M.D., and STEVEN L. HATLEBERG, M.D., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW NO. 02-1710 I, William C. Dissinger, do hereby certify that on the date indicated, I served a true and correct copy of the foregoing Complaint on Peter J. Curry, Esquire and Hugh Po O'Neill, III, Esquire, attorneys for Defendants, via United States First Class Mail, postage prepaid thereon, addressed as follows: Peter J. Curry, Esquire 305 North Front Street 6th Floor P.O. Box 999 Harrisburg, PA 17108 )ate Hugh P. O'Neill, III, Esquire 305 North Front Street 6th Floor P.O. Box 999 Harrisburg, PA 17108 THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 By: Hugh P. O'Neil~ III, Esquire Identification No. 69986 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Defendants WESLEY D. CASSELL and BETTY J. CASSELL, Plaintiffs Vo BELVEDERE MEDICAL CORPORATION, DAVID P. ALBRIGHT, M.D., and STEVEN J. HATLEBERG, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO. 02-1710 Civil Term JURY TRIAL DEMANDED AND NOW come Defendants, by and through their counsel, Thomas, Thomas & Hafer, LLP, and hereby file these Preliminary Objections to Plaintiffs' Complaint, and aver as follows: 1. Plaintiff initiated this action by Writ of Summons against Defendants. 2. On or about August 19, 2002, Plaintiffs filed the instant Complaint against Defendants with the Cumberland County Court of Common Pleas. See copy of Plaintiffs' original Complaint attached hereto as Exhibit "A." 3. The Complaint alleges medical malpractice against the Defendants associated with Plaintiff Wesley Cassell's alleged lower right quadrant abscess and perforated appendix in April 2000. 4. The Complaint contains allegations of direct medical negligence against the medical practice, Belvedere Medical Corporation, as well as vague and general allegations of medical malpractice against all Defendants. Accordingly, Defendants file these Preliminary Objections. I. Preliminary Objection in the Nature of a Motion to Strike/For a More Specific Pleading Pursuant to Pa.R.C.P. 1028(a)(2), O) 5. Under Pa.R.C.P. 1028(a)(2), a party may preliminary object for the failure of a pleading to conform to law or rule of court or pursuant to Pa.R.C.P. 1028(a)(3) for insufficient specificity in a pleading. The objectionable paragraphs of Plaintiffs' Complaint provide as follows and are underlined: 8. At all times relevant hereto, the above Defendants were acting individually and through their authorized agents, servants, workmen and employees, then and there acting within the course and scope of their employment. 7. Other than the named physicians, the Complaint does not identify by name or by other physical description any agents who could have been acting as the actual or ostensible agents of the various Defendants. 8. Moreover, the Complaint further fails to specifically identify any one of the acts or omissions of these alleged unidentified agents so as to allow Moving Defendants to specifically identify these individuals. 9. It is well established under Pennsylvania jurisprudence that a plaintiff is required to specifically identify any agents, servants and/or employees of the defendant upon whose actions the alleged liability is based. Alumni Association v. Sullivan: 535 A.2d 1092, 1100 n.2 (Pa. Super. 1987). 10. In failing to specifically identify the agents, servants or employees of the Defendants, whom Plaintiffs allege are liable to them for injuries, or the acts of these alleged unidentified agents with specificity so as to allow the identification of the individuals, Plaintiffs have violated Pa.R.C.P. 1019(a). 11. Accordingly, Plaintiffs should be directed to more specifically identify the alleged persons who Plaintiffs claim were acting as the actual or ostensible agents of the moving defendants and their alleged acts or omissions, or be precluded from pursuing any claims based upon the agency of these unidentified individuals or in the alternative that the aforementioned objectionable paragraphs be stricken with prejudice from Plaintiffs' Complaint. WHEREFORE, Moving Defendants respectfully requests this Honorable Court grant their Preliminary Objection and enter an Order in the form proposed. II. Preliminary Objection in the Nature of A Motion to Strike and/or Motion for a More Specific Pleading Pursuant to Pa.R.C.P. 1028(a)0) 12. Several paragraphs contained in the Complaint fall to specifically plead the allegations of negligence against the Moving Defendants. 13. These impermissibly vague, broad and conclusory allegations of negligence should be stricken with prejudice from Plaintiffs' Complaint. 14. Specifically, the objectionable portions of Plaintiffs' Complaint are as follows: Paragraphs 29(a-d), 34(a-d) and 39(a-d). 15. Pennsylvania is a fact pleading state and pursuant to Pa.R.C.P. 1019(a), Plaintiffs must set forth facts to support their claims against the Moving Defendants. 16. Plaintiffs have failed to plead facts in the noted portions of the Complaint which would support their claims against the Moving Defendants. In the noted paragraphs, Plaintiffs have simply made broad, vague and all encompassing allegations that Moving Defendants have failed to use care in treating Plaintiff. 17. Even reading the Complaint as a whole, the allegations contained in the noted paragraphs lack the requisite specificity required by the Pennsylvania Rules of Civil Procedure. 18. These kind of vague and conclusory allegations of negligence afford Plaintiffs the opportunity to introduce new theories of recovery at any time prior to the commencement of trial and after the expiration of the statute of limitations. See Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983). 19. Moving Defendants are prejudiced by these allegations, because a defense to these vague and conclusory allegations cannot be prepared. 20. Pursuant to Pa.R.C.P. 1028, this Court is empowered to strike from Plaintiffs' Complaint any allegations which fail to conform to law or role of Court. In the alternative, the Court can direct Plaintiffs to file a more specific pleading. WHEREFORE, Moving Defendants respectfully request that this Honorable Court grant their Preliminary Objection in the form of a Motion to Strike and strike the referenced paragraphs from Plaintiffs' Complaint, with prejudice, or in the alternative, direct that Plaintiffs file a more specific pleading. III. Preliminary Objection of Defendant Belvedere Medical Center Against Plaintiffs' Direct Negligence Claim 21. Several paragraphs contained in Plaintiffs' Complaint fail to state a claim of direct negligence against the Defendants. 22. Specifically, Count I alleges direct physician negligence against the corporate Defendant Belvedere Medical Center ("BMC"). 23. A corporation cannot be held directly liable for failing to practice medicine and/or exercise medical judgment. 24. A corporation does not have an independent duty to diagnose, evaluate and/or treat patients and, as a matter of law, is prohibited by the Medical Practice Act from diagnosing, evaluating and/or treating patients. 25. Under the Medical Practice Act, no person other than a medical doctor may practice medicine or purport to practice medicine. The diagnosis, evaluation and treatment of a patient constitutes the practice of 26. medicine. 27. Since BMC has no duty to engage in the conduct alleged and is legally prohibiting from engaging in such conduct, Count I fails to state a claim against the Defendant as a matter of law and should be stricken from Plaintiffs' Complaint with prejudice. WHEREFORE, the Defendant BMC respectfully requests that this Honorable Court affirm their Preliminary Objection in the nature of a demurrer and dismiss/strike Count I from Plaintiffs' Complaint with prejudice for failure to state a claim upon which relief may be granted. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP PEm j. c sQuq I.D. No. 16622 HUGH P. O'NEILL, III, ESQUIRE I.D. No. 69986 305 N. Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorneys for Defendants CERTIFICATE OF SERVICE I, Susan K. Rosario, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a tree and correct copy of the foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: William C. Dissinger, Esquire Dissinger & Dissinger 28 North 32nd Street Camp Hill, PA 17011 Date: :179821.1 Exhibit A WESLEY D. CASELL and BETTY J. CASSELL, Plaintiffs VS. BELVEDERE MEDICAL CORPORATION, DAVID P. ALBRIGHT, M.D., and STEVEN J. HATLEBERG, M.D., Defendants NOTICE IN THE COURT OF COM~0N PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW NO. 02-1710 TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 Attorney for Plaintiffs WESLEY D. CASELL and BETTY J. CASSELL, Plaintiffs vs. BELVEDERE MEDICAL CORPORATION, DAVID P. ALBRIGHT, M.D., and STEVEN J. HATLEBERG, M.D., Defendants IN THE COURT OF COM~ON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW NO. 02-1710 COMPLAINT AND NOW comes the Plaintiffs, Wesley D. Cassell and Betty J. Cassell, his wife, by and through their attorneys, Dissinger and Dissinger, and represent the following: 1. Plaintiff, Wesley D. Cassell, is an adult individual residing at 825 N. Hanover Street, Apt. 307, LeTort Manor, Carlisle, County, Pennsylvania. 2. Plaintiff, Betty J. Cassell, is an adult individual ~esiding at 825 N. Hanover Street, Apt. 307, LeTort Manor, Carlisle, County, Pennsylvania. 3. Defendant, Belvedere Medical Corporation is a corporation anized and existing under the laws of the State of Pennsylvania, with its principal place of business at 850 Walnut Bottom Road, Cumberland County, Carlisle, Pennsylvania. At all times material hereto, Defendant, Belvedere Medical Corporation was doing business in the Commonwealth of Pennsylvania. 4. Defendant, David P. Albright, M.D., is an adult individual who at all times material hereto was a duly licensed physician with professional offices at 850 Walnut Bottom Road, Cumberland County, Pennsylvania. 5. Defendant, Steven J. Hatleberg, M.D., is an adult individual who at all times material hereto was a duly licensed )hysician with professional offices at 850 Walnut Bottom Road, ~uraberland County, Pennsylvania. 6. At all times material hereto Defendant, David P. Albright, I.D., was the agent or employee of Defendant, Belvedere Medical Corporation, and acting within the course and scope of his agency or employment. 7. At all times material hereto Defendant, Steven J. Hatleberg, M.D., was the agent or employee of Defendant, Belvedere Medical Corporation and acting within the course and scope of his agency or employment. 8. At all times relevant hereto, the above Defendants were acting individually and through their authorized agents, servants, workmen and employees, then and there acting within the course and scope of their employment. 9. On or about March 17, 2000, Plaintiff, Wesley D. Cassell, experienced severe abdominal pain. t0. Plaintiff, Betty J. Cassell, transported Plaintiff, Wesley D. Cassell, to the Carlisle Hospital, Emergency Room. 11. Plaintiff, Wesley D. Cassell, was examined by and came under the care and treatment of Defendant, David P. Albright, M.D., at the Emergency Room. 12. Plaintiff, Wesley D. Cassell, was kept overnight for observation and released the next day March 18, 2000 without anyl definite diagnosis. 13. Plaintiff, Wesley D. Cassell, continued to experience severe abdominal pain, nausea and vomiting. 14. On March 23, 2000, Plaintiff, Wesley D. Cassell, was transported to the Carlisle Hospital Emergency Room by Plaintiff, Betty J. Cassell. Plaintiff, Wesley D. Cassell, was given medication for pain, sent home and told to consult his family doctor. 15. Plaintiff, Wesley D. Cassell, continued to experience abdominal pain, fever, nausea and vomiting. 16. On March 24, 2000, Plaintiff, Betty J. Cassell, transported Plaintiff, Wesley D. Cassell, to the office of Defendant, Belvedere Medical Corporation, where he was examined and came under the care of Steven J. Hatleberg, M.D. 17. Defendant, Steven J. Hatleberg, M.D., told Plaintiff, Wesley D. Cassell, to return to his office in three (3) days. 18. Plaintiff, Wesley D. Cassell, continued to experience severe abdominal pain , fever, nausea and vomiting. 19. On March 27, 2000, Plaintiff, Betty J. Cassell, transported Plaintiff, Wesley D. Cassell, to the office of Defendant, Belvedere Medical Corporation, where he was examined by ~teven J. Hatleberg, M.D. 20. Defendant, Steven J. Hatleberg, M.D., told Plaintiff, ;esley D. Cassell, to return to his office in May. 21. Plaintiff, Wesley D. Cassell, continued to experience levere abdominal pain, fever, nausea and vomiting. 22. On April 5, 2000, Plaintiff, Betty J. Cassell, transported ~laintiff, Wesley D. Cassell, to the Veterans Administration clinic in Camp Hill, Cumberland County, Pennsylvania. 23. The Veterans Administration clinic sent Plaintiff, Wesley D. Cassell, to the Urgent Care Unit in the Lebanon Veterans Administration hospital, Lebanon, Lebanon County, Pennsylvania. 24. Having no surgeons available the Veterans Administration Hospital sent , Plaintiff, Wesley D. Cassell, to the Hershey Medical Center, Hershey, Dauphin County, Pennsylvania on April 7, 2000. 25. Surgeons at the Hershey Medical Center implanted a drain in Plaintiff, Wesley D. Cassell's, lower abdomen to drain a lower right quadrant abscess, perforated appendix. 26. By April 8, 2000 and April 9, 2000, Plaintiff, Wesley D. Cassell, experienced great improvement with the pain, fever, nausea and vomiting subsiding. 27. After the improvement of April 8, 2000 and April 9, 2000, Plaintiffs, Wesley D. Cassell and Betty J. Cassell, became aware of the negligence of Defendants, Belvedere Medical Corporation, David P. Albright, M.D., and Steven J. Hatleberg, M.D., in diagnosing and treating Plaintiff, Wesley D. Cassell. COUNT I NEgLIgENCE Plaintiff, Wesley D. Cassell v. Defendant, Belvedere Medical Corporation. 28. Plaintiff, Wesley D. Cassell, incorporates the allegations contained in paragraphs 1 through 27, above, as though set forth herein at length. 29. The carelessness and negligence of Defendant, Belvedere Medical Corporation, in rendering the aforementioned medical care includes, but is not limited to the following: a) Failure to provide the requisite care in managing Plaintiff, Wesley D. Cassell's, medical condition. b) Failure to conform to the requisite standard of care under the circumstances. c) Failure to properly diagnose and treat Plaintiff, Wesley D. Cassell. d) Failure to perform necessary medical testing and other diagnostic testing on Plaintiff, Wesley D. Cassell, to determine the nature and scope of Plaintiff, Wesley D. Cassell's, medical condition. 30. As a direct and proximate result of the carelessness and negligence of the Defendant, Belvedere Medical Corporation, Plaintiff, Wesley D. Cassell has been forced to expend large sums of money for medical care and treatment in the past will be forced to continue to expend large sums of money for medical expenses in the future. 31. As a direct and proximate result of the carelessness and negligence of the Defendant, Belvedere Medical Corporation, Plaintiff, Wesley D. Cassell, has in the past and will continue in the future to suffer severe mental anguish, embarrassment, humiliation and loss of life's pleasures. 32. As a direct and proximate result of the carelessness and negligence of the Defendant, Belvedere Medical Corporation, Plaintiff, Wesley D. Cassell, has in the past and will continue in the future t suffer mental pain and anguish as well as physical pain and suffering. WHEREFORE, Plaintiff, Wesley D. Cassell demands judgment against Defendant, Belvedere Medical Corporation, in an amount in excess of Twenty-five Thousand ($25,000.00) dollars together with costs and any other relief the Court deems appropriate. COUNT II NEGLIGENCE Plaintiff, Wesley D. Cassell v. Defendant, David P. Albright, M.D 33. Plaintiff, Wesley D. Cassell, incorporates the allegations contained in paragraphs 1 through 32, above, as though set forthi herein at length. 34. The carelessness and negligence of Defendant, David P. Albright, M.D., in rendering the aforementioned medical car( includes, but is not limited to the following: a) Failure to provide the requisite care in managin! Plaintiff, Wesley D. Cassell's, medical condition. b) Failure to conform to the requisite standard of care under the circumstances. c) Failure to properly diagnose and treat Plaintiff Wesley D. Cassell's, condition. d) Failure to perform necessary medical testing and other diagnostic testing on Plaintiff, Wesley D. Cassell, to determine the nature and scope of Plaintiff, Wesley D. Cassell's, medical condition. 35. As a direct and proximate result of the carelessness and negligence of the Defendant, David P. Albright, M.D., Plaintiff, Wesley D. Cassell has been forced to expend large sums of money for medical care and treatment in the past will be forced to continue to expend large sums of money for medical expenses in the future. 36. As a direct and proximate result of the carelessness and negligence of the Defendant, David P. Albright, M.D., Plaintiff, Wesley D. Cassell, has in the past and will continue in the future to suffer severe mental anguish, embarrassment, humiliation and loss of life's pleasures. 37. As a direct and proximate result of the carelessness and negligence of the Defendant, David P. Albright, M.D., Plaintiff, Wesley D. Cassell, has in the past and will continue in the future t suffer mental pain and anguish as well as physical pain and ~uffering. WHEREFORE, Plaintiff, Wesley D. Cassell demands judgment ~gainst Defendant, David P. Albright, M.D., in an amount in excess of Twenty-five Thousand ($25,000.00) dollars together with costs and any other relief the Court deems appropriate. COUNT III NEGLIGENCE Plaintiff, Wesley D. Cassell v. Defendant, Steven J. Hatleberg, M.D. 38. Plaintiff, Wesley D. Cassell, incorporates the allegations contained in paragraphs 1 through 37, above, as though set forth herein at length. 39. The carelessness and negligence of Defendant, Steven J. Hatleberg, M.D., in rendering the aforementioned medical care includes, but is not limited to the following: a) Failure to provide the requisite care in managing Plaintiff, Wesley D. Cassell's, medical condition. b) Failure to conform to the requisite standard of care under the circumstances. c) Failure to properly diagnose and treat Plaintiff Wesley D. Cassell's, condition. d) Failure to perform necessary medical testing and other diagnostic testing on Plaintiff, Wesley D Cassell, to determine the nature and scope of Plaintiff, Wesley D. Cassell's, medical condition. 40. As a direct and proximate result of the carelessness and ~egligence of the Defendant, Steven J. Hatleberg, M.D., Plaintiff, Wesley D. Cassell has been forced to expend large sums of money for medical care and treatment in the past will be forced to continue to expend large sums of money for medical expenses in the future. 41. As a direct and proximate result of the carelessness and negligence of the Defendant, Steven J. Hatleberg, M.D., Plaintiff, Wesley D. Cassell, has in the past and will continue in the future to suffer severe mental anguish, embarrassment, humiliation and loss of life's pleasures. 42. As a direct and proximate result of the carelessness and negligence of the Defendant, Steven J. Hatleberg, M.D., Plaintiff, Wesley D. Cassell, has in the past and will continue in the future t suffer mental pain and anguish as well as physical pain and ~uffering. WHEREFORE, Plaintiff, Wesley D. Cassell demands judgment Lgainst Defendant, Steven J. Hatleberg, M.D., in an amount in excess of Twenty-five Thousand ($25,000.00) dollars together with costs and any other relief the Court deems appropriate. COUNT IV LOSS OF CONSORTIUM Plaintiff, Wesley D. Cassell v. all Defendants 43. Plaintiff, Betty J. Cassell, incorporates the allegations contained in paragraphs 1 through 42 above, as though set forth herein at length. 44. As a result of the carelessness and negligence of the Defendants, Plaintiff, Betty J. Cassell, has been required and will continue to be required to expend money and incur financial obligations in her effort to obtain medical care for her husband. 45. Betty J. anguish. As a result of the injuries to her husband, Plaintiff, Cassell, has suffered severe emotional distress and 46. As a result of the injuries to her husband, Plaintiff, Betty J. Cassell, has been deprived and will continue to be deprived of her husband's aid, comfort, services and companionship, all to her great detriment and loss. WHEREFORE, Plaintiff, Betty J. Cassell, demands judgement against Defendants, Belvedere Medical Corporation, David P. Albright, M.D. and Steven J. Hatleberg, M.D., in an amount in excess of Twenty-five Thousand ($25,000.00) dollars, together with costs and any other relief the Court deems appropriate. Respectfully submitted, DISSIN~ER & DISSIN~ER Wi~~squire~ Attorney for Plaintiffs Supreme Court ID # 27737 28 North 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION We, Wesley D. Cassell and Betty J. Cassell, verify that the statements made in the Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification. Wesley D. ~assell, Plaintiff ~assell, Plaintiff LEY D. CASELL and BETTY J. CASSELL, Plaintiffs vs. BELVEDRE MEDICAL CORPORATION, DAVID P. ALBRIGHT, M.D., and STEVEN L. HATLEBERG, M.D., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW NO. 02-1710 CERTIFICATE OF SERVICE I, William C. Dissinger, do hereby certify that on the date indicated, I served a true and correct copy of the foregoing Complaint on Peter J. Curry, Esquire and Hugh P. O'Neill, III, Esquire, attorneys for Defendants, via United States First Class Mail, postage prepaid thereon, addressed as follows: Peter J. Curry, Esquire 305 North Front Street 6th Floor P.O. Box 999 Harrisburg, PA 17108 Hugh P. O'Neill, III, Esquire 305 North Front Street 6th Floor P.O. Box 999 Harrisburg, PA 17108 Date $E¢ 1 8 THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 By: Hugh P. O'Neill, III, Esquire Identification No. 69986 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Defendants WESLEY D. CASSELL and BETTY J. CASSELL, Plaintiffs Vo BELVEDERE MEDICAL CORPORATION, DAVID P. ALBRIGHT, M.D., and STEVEN J. HATLEBERG, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO. 02-1710 Civil Term JURY TRIAL DEMANDED TO THE COURT ADMINISTRATOR: Please place Defendants' Preliminary Objections to Plaintiffs' Complaint in the above- captioned matter on the next available Argument List. Said Preliminary Objections may be heard on Briefs alone, without the need for Oral Argument. Respectfully submitted, PETER ff. Cu~ I.D. No. 16622 HUGH P. O'NEILL, III, ESQUIRE I.D. No. 69986 305 N. Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorneys for Defendants CERTIFICATE OF SERVICE I, Hugh P. O'Neill, m, of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a tree and correct copy of the foregoing document upon the following persons via United States mail, first class, postage prepaid, as follows: William C. Dissinger, Esquire Dissinger & Dissinger 28 North 32nd Street Camp Hill, PA 17011 HUGH ~. O'~ILL, m :181837.1 WESLEY D. CASSELL and BETTY J. CASSELL, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA BELVEDERE MEDICAL CORPORATION, DAVID P. ALBRIGHT,: M.D. and STEVEN J. HATLEBERG, M.D., DEFENDANTS : 02-1710 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFFS' COMPLAINT BEFORE BAYLEY, J. AND HESSfJ. ORDER OF COURT AND NOW, this __~day of October, 2002, IT IS ORDERED that the preliminary objections of defendants to plaintiffs' complaint, ARE DISMISSED.1 William C. Dissinger, Esquire For Plaintiffs Peter J. Curry, Esquire For Defendants Edgar B. Bayley, J. > :sal ' As to the preliminary objection that plaintiffs have improperly pled a claim of direct negligence against defendant, Belvedere Medical Corporation, we agree with plaintiffs that no such claim is stated. We interpret the averments against Belvedere Medical Corporation as being based on vicarious liability. THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 By: Hugh P. O'Neill, III, Esquire Identification No. 69986 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Defendants WESLEY D. CASSELL and BETTY J. CASSELL, Plaintiffs Vo BELVEDERE MEDICAL CORPORATION, DAVID P. ALBRIGHT, M.D., and STEVEN J. HATLEBERG, M.D., Defendants : IN THE C. OURT OF COMMON PLEAS : CUMBEI~&,AND COUNTY, PA : : DOCKET NO. 02-1710 Civil Term : . : JURY TRIAL DEMANDED You are hereby notified to plead to the enclosed Answer and New Matter within twenty (20) days from service hereof or a default judgment may be entered against y~' TI-IOMA/~]T~S & ItAFER, LLP PETER J. CURRY, ESQUIRE I.D. No. 16622 HUGH P. O'NEILl_,, 1II, ESQUIRE I.D. No. 69986 305 N. Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorneys for Defendants THOMAS, THOMAS & HAFER, LLP By: Peter J. Curry, Esquire Identification No. 16622 By: Hugh P. O'Neill, I11, Esquire Identification No. 69986 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7637 Attorney for Defendants WESLEY D. CASSELL and BETTY J. CASSELL, Plaintiffs BELVEDERE MEDICAL CORPORATION, DAVID P. ALBRIGHT, M.D., and STEVEN J. HATLEBERG, M.D., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : : : DOCKET NO. 02-1710 Civil Term : : : : JURY TRIAL DEMANDED 1-2. Denied. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form an opinion or belie, f as to the truth or falsity of the allegations contained therein. All allegations are placed at Jissue and strict proof thereof is demanded at the time of trial. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is only admitted that David P. Albright, M.D. was an employee of Defendant Belvedere Medical Corp. at all times relevant to the care and treatment of Wesley D. Cassell. By way of further answer, it is specifically denied that Defendant Albright was an agent or working within the course and scope of his agency or employment with Belvedere Medical Corp. By way of further answer, all other allegations are generally denied pursuant to Pa.R.C.P. 1029(e). proof thereof is demanded at the time of trial. 7. Admitted in part, denied in part. All allegations are placed at issue and strict It is only admitted that Steven J. Hatleberg, M.D. was an employee of Defendant Belvedere Medical Corp. at all times relevant to the care and treatment of Wesley D. Cassell. By way of further answer, it is specifically denied that Defendant Hatleberg was an agent or working within the course and scope of his agency or employment with Belvedere Medical Corp. By way of further answer, all other allegations are generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 8. Denied. Plaintiffs fall to identify the alleged authorized agents, servants, workmen and employees, and accordingly all allegations of agency, servitude and employment are specifically denied. Moreover, all allegations of working within the course and scope of employment is also specifically denied. By way of further answer, the allegations contained in this paragraph are generally denied as conclusions of law and are further generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 9-27. Denied. The medical records regarding Wesley D. Cassell speak for themselves. By way of further answer, all allegations are generally denied pnrsuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. COUNT I NEGLIGENCE Plaintiff, Wesley D. Cassell v. Defendant, Belvedere Medical Corp. 28. Answering Defendant incorporates its responses to Paragraph 1-27 of Plaintiffs' Complaint as if set forth herein at length. 29. Denied. All allegations of carelessness and negligence against Defendant Belvedere Medical Corp. in the manner described in subparagraphs (a)-(d) are specifically denied as Answering Defendant acted with the requisite standard of care at all times relevant. Moreover, the allegations contained in these paragraphs are generally denied as legal conclusions and are further generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 30-32. Denied. All allegations of negligence, carelessness and causation are specifically denied as Answering Defendant acted with the requisite standard of care at all times relevant. Moreover, all allegations are generally denied as legal conclusions and are further generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. WHEREFORE, Answering Defendant Belvedere Medical Corp. demands judgment in its favor and against all other parties. COUNT II NEGLIGENCE Plaintiff, Wesley D. Cassell v. Defendant, David P. Albright, M.D. 33. Answering Defendant incorporates his responses to Paragraphs 1-32 as if set forth herein at length. 34. Denied. All allegations of carelessness and negligence as identified in Subparagraphs (a)-(d) are specifically denied as Answering Defendant acted with the requisite standard of care at all times relevant. Moreover, all allegations are generally denied as conclusions of law and are further generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 35-37. Denied. All allegations of negligence, carelessness and causation are specifically denied as Answering Defendant acted with the requisite standard of care at all times relevant. Moreover, all allegations are generally denied as legal conclusions and are further generally denied pursuant to Pa.R.C.P. I029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. WHEREFORE, Answering Defendant David P. Albright, M.D. demands judgment in its favor and against all other parties. COUNT III NEGLIGENCE Plaintiff, Wesley D. Cassell v. Defendant, Steven J. Hatleberg, M.D. 38. Answering Defendant incorporates his responses 1~o Paragraphs 1-37 as if set forth herein at length. 43. herein at length. 44-46. 39. Denied. All allegations of carelessness and negligence as identified in Subparagraphs (a)-(d) are specifically denied as Answering Defendant acted with the requisite standard of care at all times relevant. Moreover, all allegations are generally denied as conclusions of law and are further generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time of trial. 40-42. Denied. Ail allegations of negligence, carelessness and causation are specifically denied as Answering Defendant acted with the requisite standard of care at all times relevant. Moreover, all allegations are generally denied as legal conclusions and are further generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. WHEREFORE, Answering Defendant Steven Hatleberg M.D. demands judgment in its favor and against all other parties. COUNT IV LOSS OF CONSORTIUM Plaintiff, Wesley D. Cassell v. all Defendants Answering Defendant incorporates his responses to Paragraphs 1-42 as if set forth Denied. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the allegations contained therein. Moreover, the allegations contained in these paragraphs are generally denied as conclusions of law and are further generally denied pursuant to Pa.R.C.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at time of trial. WHEREFORE, Answering Defendants demand judgment in its favor and against all other parties, together with costs. NEW MATTER 47. Answering Defendants incorporate Paragraphs 1 through 46 of this Answer as if set forth at length herein. 48. Plaintiffs fail to state a cause of action against Answering Defendants upon which relief can be granted. 49. Answering Defendants raise all affirmative defenses of the Healthcare Services Malpractice Act, 40 P.S. § 1301.101, et seq. 50. For the purposes of preserving the same, and subject to further discovery, all or some of Plaintiffs' claims are time-barred due to the expiration of the applicable Statute of Limitations. 51. For the purpose of preserving the same, and subject to discovery, all or some of Plaintiffs' claims may be barred pursuant to the affirmative defenses of release, offset, or accord and satisfaction. 52. At no time relevant hereto was Defendant Dr. Albright an agent or servant or employee acting on behalf of any other Defendants in this action. 53. At no time relevant hereto was Defendant Dr. Hatleberg an agent or servant or employee acting on behalf of any other Defendants in this action. 54. At no time relevant hereto was any other natural person, partnership, corporation, or other legal entity acting or serving as an agent, servant, employee, or otherwise for or on behalf of Drs. Albright and Hatleberg. 55. Any additional allegation of negligence other than as specifically set forth in Plaintiffs' Complaint based on Plaintiffs' allegation of negligence "including but not limited to" are or will be barred by the Statue of Limitations. 56. In the event that it is determined that Answering Defendants were negligent with regard to any of the allegations contained in and with respect to Plaintiffs' Complaint, said allegations being specifically denied, discovery may establish that said negligence was superseded by the intervening negligent acts of other persons, parties, and/or organizations other than Answering Defendants, and over whom said Answering Defendants had no control, right, or responsibility, and therefore Answering Defendants are not liable. 57. To the extent that the evidence may show that other persons, partnerships, corporations, or other legal entities caused or contributed to the injuries or the pre-existing condition of Plaintiff, then the conduct of the Answering Defendants were not the legal cause of such conditions or injuries. 58. Any acts or omissions of Answering Defendants alleged to constitute negligence were not substantial factors contributing to the injuries and damages alleged in Plaintiffs' Complaint. 59. If any injuries and damages, as alleged in Plaintiffs' Complaint, were caused in whole or in part by persons or entities over whom Answering Defendants had no duty to supervise or control, then Answering Defendants are not liable, and Plaintiffs may not recover against them. 60. Plaintiffs' injuries and losses, if any, were not caused by the conduct or negligence of Answering Defendants, but rather were caused by pre-existing medical conditions and causes beyond the control of Answering Defendants, and therefore Plaintiffs may not recover against Answering Defendants. 61. The acts or omissions of others, and not Answering Defendants, may have constituted intervening and/or superseding causes of the injuries and/or damages alleged to have been sustained by Plaintiffs, and Answering Defendants cannot, pursuant to Pennsylvania law, be held liable for the alleged injuries to Plaintiffs. 62. The incident and/or damages described in Plaintiffs' Complaint were caused or contributed to by Plaintiffs. 63. The Plaintiffs may have assumed the risk. 64. The Plaintiffs may have been contributorily negligent. 65. Answering Defendants raise all affirmative defenses of the Medical Care Availability and Reduction of Error (M'care) Act a/k/a Act 13 of 2002 as a limit/bar to Plaintiffs' claims. 66. At all times relevant hereto, the Answering Defendants acted within and followed the precepts of a school of thought followed by a considerable number of qualified and well respected specialists in the field and, accordingly, his professional conduct was fully commensurate with the applicable standard of care. Evidence at trial may establish two or more schools of thought applicable to the issues presented in this case. them. WHEREFORE, Answering Defendants demands judgment in their favor without cost to Respectfully submitted, THOMA~MA'S & HAFER, LLP PETER ~'..gJ~RRY~ ESQUIRE I.D. No.'I6622 HUGH P. O'NEILL, III, ESQUIRE I.D. No. 69986 305 N. Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 171108 (717) 255-7637 Attorneys for Defendants VERIFICATION I hereby affirm that the following facts are correct: The attached ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT are based both upon information I have furnished to my Counsel and information that has been gathered by my Counsel in prepm'ation for the defense of the Lawsuit. The language of the ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT is that of Counsel, and not of mine. I have read the ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT and, to the extent that the Answer Is based upon information that I have given to my Counsel, it is tree and co~ect to the best of my knowledge, information, and belief. To the extent that the content of ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT is that of Counsel, I have relied upon Counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. EBERG, M.D.~ VERIFICATION I hereby affirm that the following facts m'e correct: The attached ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT are based both upon information I have furnished to my Counsel and information that has been gathered by my Counsel in preparation for the defense of the Lawsuit. The language of the ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT is that of Counsel, and not of mme. I have read the ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT and, to the extent that the Answer Is based upon information that I have given to my Counsel, it is tree and correct to the best of my knowledge, information, and belief. To the extent that the content of ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT is that of Counsel, I have relied upon Counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFFS' COMPLAINT are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. DAV~' ~~ / ~ ID P. ALBRII~I~, M.D. Date: I/,/ /2 ,2002 CERTIFICATE OF SERVICE I, Hugh P. O'Neill, m, of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of the foregoing document upon the folk)wing persons via United States mail, first class, postage prepaid, as follows: William C. Dissinger, Esquire Dissinger & Dissinger 28 North 32nd Street Camp Hill, PA 17011 Date: HUGH P. O~qEILL, 1II :189202.1 D. CASELL and BETTY J. CASSELL, Plaintiffs VS. BELVEDERE MEDICAL CORPORATION, DAVID P. ALBRIGHT, M.D., and STEVEN J. HATLEBERG, M.D., Defendants : 2IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : : : CIVIL ACTION AT LAW : NO. 02-1710 ANSWER TO DEFENDANTS" NEW MATTEI~ AND NOW, Plaintiffs, Wesley D. Cassell and Betty J. Cassell, by and through their attorneys, William C. Dissinger and Dissinger and Dissinger, answer Defendants' New Matter and respectfully represent as follows: 47. No answer required. 48. The allegations in paragraph forty-eight (48) consist of a legal conclusion for which no answer is required. To the extend that an answer is required, said allegations are specifically denied. 49. No answer is required. 50. The allegations in paragraph fifty (50) are a legal conclu~ ' for which no answer is required. To the extent that an answer required, said allegations are specifically denied. 51. The allegations in paragraph fifty-one (51) are a legal conclusion for which no answer is required. To the extent that an answer is required, said allegations are specifically denied. 52. DENIED. It is specifically denied that, Defendant, Dr. Albright, was not an agent or servant or employee acting on behalf of any other defendants in this action. 53. DENIED. It is specifically denied that, Defendant, Dr Hatleberg was not an agent or servant or employee acting on behalf of any other defendants in this action. 54. DENIED. It is specifically denied that "at no time relevant hereto was any other natural person, partnership, corporation, or other legal entity acting or serving as an agent, servant, employee or otherwise for or on behalf of Dr. Albright and Dr. Hatleberg." 55. The allegations in paragraph fifty-five (55) are a legal conclusion for which no answer is required. To the extent that an answer is required, said allegations are specifically denied. 56. DENIED. It is specifically denied that Plaintiffs' allegations of negligence were superseded by the intervening negligent of other persons, parties, and/or organizations other than Answering Defendants and over whom said Answering Defendants had no control, right or responsibility, and that Answering Defendants are not liable. 57. DENIED. It is specifically denied that to the extent that the evidence may show that other persons, partnerships, corporations, or other legal entities caused or contributed to the injuries or the pre-existing condition of Plaintiff, then the conduct of Answering Defendants were not the legal cause of such conditions or injuries. 58. DENIED. It is specifically denied that any acts or omissions of Answering Defendants alleged to constitute negligence were not substantial factors contributing to the injuries and damages alleged in Plaintiffs' complaint. To the contrary, the negligent acts and omissions of Defendants were directly responsible for the injuries and damages alleged in Plaintiffs' cor~laint. 59. DENIED. It is specifically denied that the injuries and damages alleged in Plaintiffs' complaint were caused in whole or in part by persons or entities over whom Answering Defendants had no duty to supervise and control, that Answering iDefendants are not liable and that Plaintiffs may not recover against them. 60. DENIED. It is specifically denied 'that Plaintiffs' injuries and losses were not caused by the conduct or negligence of Answering Defendants but, rather, were caused by pre-existing medical conditions and causes beyond control of Answering Defendants, and therefore Plaintiffs may not recover against Answering Defendants. 61. DENIED. It is specifically denied that the acts or omissions of others, and not Answering Defendants, may have constituted intervening and/or superseding causes of the injuries and/or damages alleged to have been sustained by Plaintiffs, and Answering Defendants cannot, pursuant to Pennsylvania law, be held liable for the alleged injuries to Plaintiff. 62. DENIED. It is specifically denied that the incident and/or damages described in Plaintiffs' complaint were caused or contributed to by Plaintiffs. 63. DENIED. It is specifically denied that Plaintiffs may have assumed the risk. 64. DENIED. It is specifically denied that the Plaintiffs may have been contributorily negligent. 65. No answer is required. To the extent that an answer is required, said allegations are specifically denied. 66. DENIED. It is specifically denied that at all times relevant hereto, the Answering Defendants acted within and followed the precepts of a school of thought followed by a considerable number of qualified well respected specialists in the field and, accordingly, his professional conduct was fully commensurate with the applicable standard of care. WHEREFORE, Plaintiffs respectfully requests this Honorable Court to find Defendants liable for negligence and award Plaintiffs the appropriate damages, costs, and attorney's fees. By: Respectfully Submitted: DISSIN~ERAND DISSIN~ER Supreme Court ID # 27737 400 South State Road Marysville, PA 17053 (717) 957-3474 VERIFICATION I, Wesley D. Cassell, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Wesley D. C~ssell I, Betty J. Cassell, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ) ~etty J.~Ca~ell ~ WESLEY D. CASELL and BETTY J. CASSELL, Plaintiffs VS. BELVEDRE MEDICAL CORPORATION, DAVID P. ALBRIGHT, M.D., and STEVEN L. HATLEBERG, M.D., Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : : : CIVIL ACTION AT LAW : NO. 02-1710 CERTIFICATE OF SERVIC~ I, William C. Dissinger, do hereby certify that on the date indicated, I served a true and correct copy of the foregoing Complaint on Peter J. Curry, Esquire and Hugh P. O'Neill, III, Esquire, attorneys for Defendants, via United States First Class Mail, postage prepaid thereon, addressed as follows: Peter J. Curry, Esquire 305 North Front Street 6th Floor P.O. Box 999 Harrisburg, PA 17108 Hugh P. O'Neill, III, Esquire 305 North Front ,Street 6th Floor P.O. Box 99!9 Harrisburg, PA 17108 )ate WESLEY D. CASELL ~nd BETTY J. CASSELL, Plaintiffs vs. ~ELVEDERE MEDICAL CORPORATION, DAVID P. ALBRIGHT, M.D., ~nd STEVEN J. HATLEBERG, M.D., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION AT LAW NO. 02-1710 PRAECIPE FOR DISCONTINUANCE Dear Sir or Madame: Please discontinue the above captioned case as to all [efendants. )ate: Respectfully Submitted, DISSIN~ERAND DISSIN~ER Supreme Court ID #27737 400 South State Road Marysville, PA 17053 (71.7) 957-3474 WESLEY D. CASELL and BETTY J. CASSELL, Plaintiffs vs. BELVEDERE MEDICAL CORPORATION, riD P. ALBRIGHT, M.D., STEVEN J. HATLEBERG, M.D., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ]PENNSYLVANIA CIVIL ACTION AT LAW NO. 02-1710 CERTIFICATE OF SERVICE I, William C. Dissinger, do hereby certify that I have served a true and correct copy of the attached Praecipe on the person(s) listed below by depositing same in the United States Mail, postage prepaid, on the date indicated, addressed as follows: Date: Hugh P. O'Neill, III Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 9!)9 Harrisburg, PA 17108 Willi~ C. Dissing~