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HomeMy WebLinkAbout02-1788DEEDE DYARMAN, Plaintiff VS. WILLIAM .& BOHONYI M.D., CUMBERLAND VALLEY OB/GYN, and POLYCLINIC HEALTH HOSPITAL Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: - O ~Z - 17 7 g ~-d~ 7"t.~. : : : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to R. Thomas Kline, Sherifl~ One Courthouse Square, Carlisle, PA 17013, Dr. W'dliam Bohonyi, 9 Flowers Drive, Mechanicsburg, PA 17055, Cumberland Valley OB/GYN, 9 Flowers Drive, Mechanicsburg, PA 17055 and Polyclinic Health Hospital, 2601 North 3'a Street, Harrisburg, PA 17110. Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID0 81924 (717) 241-6070 To The Above Named Defendants: Dr. William Bohonyi, 9 Flowers Drive Mechanicsburg, PA 17055, Cmberland Valley OB/GYN, 9 Flowers Drive, Mechanicsburg, PA 17055, Polyclinic Health Hospital, 2601 North 3ra Street, Harrisburg, PA 17110 Date: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary ~' ~ · / Deputy THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendant Polyclinic Hospital DEEDE DYARAN, WILLIAM A. Plaintiff BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN and POLYCLINIC HEALTH HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1788 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attomeys for Polyclinic Health Hospital in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP BY;ara~~~ I.D.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendant Polyclinic Health Hospital CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the ,~'~/day of /~o / ,2002: /~, Karl E. Rominger, Esquire ROMINGER & BAYLEY 155 South Hanover Street Carlisle, PA 17013 Dr. William Bohonyi CUMBERLAND VALLEY OBIGYN 9 Flowers Drive Mechanicsburg, PA 17055 THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire :166077.1 THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendant Polyclinic Hospital DEEDE DYARAN, WILLIAM A. Plaintiff BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN and POLYCLINIC HEALTH HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1788 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: RULE TO FILE A COMPLAINT Plaintiffs and Plaintiffs' counsel: You are hereby ruled to file a Complaint against Defendant within twenty (20) days of service of this Rule or a judgment of non pros will be entered against Plaintiff pursuant to Pa.R.C.P. 1037(a). DATE: THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendant Polyclinic Hospital DEEDE DYARAN, Plaintiff WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN and POLYCLINIC HEALTH HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1788 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). Respectfully submitted, DATE: THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire I. D.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendant Polyclinic Health Hospital CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the fo~,~ing ,person by placing same in the United States mail, postage prepaid, on the ,~/day of ./~/~ / ,2002: Karl E. Rominger, Esquire ROMINGER & BAYLEY 155 South Hanover Street Carlisle, PA 17013 Dr. William Bohonyi CUMBERLAND VALLEY OB/GYN 9 Flowers Drive Mechanicsburg, PA 17055 THOMAS, THOMAS & HAFER, LLP S~ah W. Aro~ell, Fsquire :166078.1 DEEDE DYARAN, Plaintiff WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN and POLYCLINIC HEALTH HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1788 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: Deede Dyaran, Plaintiff c/o Karl E. Rominger, Esquire, Plaintiff's counsel DATE: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF YOUR RECEIPT 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire I.D#~58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendant Polyclinic Hospital CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the l/day of ~"7~ , 2002: · Karl E. Rominger, Esquire ROMINGER & BAYLEY 155 South Hanover Street Carlisle, PA 17013 Dr. William Bohonyi CUMBERLAND VALLEY OBIGYN 9 Flowers Drive Mechanicsburg, PA 17055 THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire :169191.1 SHERIFF'S CASE NO: 2002-01788 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DYARMANDEEDE VS BOHONYI WILLIAN A M D RETURN - OUT OF COUNTY 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: POLYCLINIC HEALTH HOSPITAL but was unable to locate Them deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS in his bailiwick. County, He therefore Pennsylvania, On April 30th , 2002 , this office was in receipt of the to attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 29.25 .00 54.25 04/30/2002 ROMINGER & BAYLEY R. Thomas K~ne Sheriff of Cumberland County Sworn and subscribed to before me this /7 ~ day of ~k~, ~2~ A.D. ~ / P~othonotMr~ ' SHERIFF'S RETURN CASE NO: 2002-01788 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DYARMANDEEDE VS BOHONYI WILLIAM A M D - REGULAR CPL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within WRIT OF SUMMONS was served upon BOHONYI WILLIAM A M D the law, DEFENDANT , at 1009:00 HOURS, at 9 FLOWERS DRIVE MECHANICSBURG, PA 17055 on the 15th day of April , 2002 by handing to JODY BUSH, OFFICE MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this /~ day of So Answers: R. Thomas Kline 04/30/2002 /"7 Deputy ~riff ~ SHERIFF'S RETURN - CASE NO: 2002-01788 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DYARMAN DEEDE VS BOHONYI WILLIAM A M D REGULAR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CUMBERLAND VALLEY OB/GYN the DEFEND~NT , at 1009:00 HOURS, on the 15th day of April , 2002 at 9 FLOWERS DRIVE MECHANICSBURG, PA 17055 JODY BUSH, OFFICE MANAGER by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service o00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~-' day of ~ A.D. ~ 'Prothonotary" So Answers: R. Thomas Kline 04/30/2002 ROMINGER & BAY~ '~ J Deput% Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:April 18, 2002 SUMMONS POLYCLINIC HEALTH HOSPITAL to ROBERT VEVERLIN, SECURITY SUPERVISOR of the original SUMMONS : DYARMAN DEEDE vs : POLYCLINIC HEALTH HOSPITAL Sheriff's Return No. 0947-T - -2002 OTHER COUNTY NO. 02-1788 at 9:40AMserved the within upon by personally handing i true attested copy(les) and making known to him/her the contents thereof at 2601 NORTH 3RD ST HBG, PA 17110-0000 Sworn and subscribed to before me this 22ND day of APRIL, 2002 / PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. Sheriff's Costs: $29.25 PD 04/16/2002 RCPT NO 163053 HOPKINS In The Court of Common Pleas of Cumberland County, Pennsylvania Beene Willia~ A. Bohony± ND et al Sgl~v~g: Polycl~aic Health Hospital NO. 02 1788 civil NOW, April; 12, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Pauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof 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, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT DEEDE DYARMAN, Plaintiff VS. WILLIAM A. BOHONYI M.D., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO: 02 - 1788 CUMBERLAND VALLEY OB/GYN, and : POLYCLINIC HEALTH HOSPITAL : Defendants : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Deede Dymman, by and through her attorney, Karl E. Rominger, Esquire and pleads and alleges as follows: 1. Plaintiff, Deede Dyatman is an adult individual who resides at 8 Cedar Street, Newville, Pennsylvania 17241. 2. Defendant, Polyclinic Health Hospital also known as Polyclinic Medical Center and/or Pinnacle Health Hospitals d/b/a Polyclinic Hospital is a hospital at 111 South Front Street, Harrisburg, pennsylvania 17101, whose principle place of business is located at the same address. 3. Defendant, Dr. William Bohonyi is an adult individual whose principle place of business is at 9 Flowers Drive, Mechanicsburg, Pennsylvania 17055. 4. On or about October 14, 1994, while under the care and the treatment of Defendant physician, the Plaintiff underwent a salpingo-oppherectomy procedure to have her left ovary removed on the premises of Defendant Hospital. The procedure was performed by and under the supervision of the Defendant physician while Plaintiff was a patient at the Defendant Hospital. 5. Cumberland Valley Ob/Gyn is believed to be a business organization practice for medical purposes and is located at 9 Flowers Drive, Mechanicsburg, Pennsylvania 17055. 5. Defendant Bohonyi is believed to be a principle of Cumberland Valley Ob/Gyn. 6. Defendant Hospital supervised Defendant physician while Plaintiff was a patient at the Defendant Hospital. 7. Plaintiff continued to receive follow up care by and through Defendant physician in Defendant practices in Defendant physician's office for a number of years thereafter. 8. In September of 2000 Plaintiff underwent an operation to remove the ovary that was alleged to have been removed previously. 9. At that time it was discovered that Defendant physician had removed the wrong ovary. 10. As a result of the removal of the wrong ovary, Plaintiff now has no ovaries. COUNT I DEEDE DYARMAN V. WILLIAM BOHONYI 11. Previous paragraphs are incorporated by reference as if fully set out. 12. The Defendant physician negligently and carelessly performed the procedure upon the Plaintiff with the result that the wrong ovary was removed and the severely diseased ovary causing her difficulties was allowed to remain in place. 13. The Defendant physician was negligent and careless while performing as supervising the procedure in the following respects: (a) In failing to remove the correct ovary; (b) In failing to remove the most seriously diseased and damaged ovary; (c) Not taking due care in correctly identifying the ovary to be removed; (d) Incorrectly imaging and/or otherwise verifying that the correct ovary was being removed; (e) In performing the removal of an ovary on a patient under conditions where it was not possible to ascertain that the correct ovary was being removed; and (f) Was otherwise generally negligent in the performance of the removal of the ovary. 14. As a result of the negligence and carelessness of Defendant physician, Plaintiff has had to endure continued pain and suffering, loss and function of her ovaries, and other normal bodily functions, and an impairment of her ability to perform physical activities, and other life activities expected of an adult female of her age and abilities. 15. Such injuries suffered by the Plaintiff were directly and proximately caused by the negligence and negligent conduct of the Defendant physician. 16. As a direct and proximate result of the negligence and carelessness of the Defendant physician, the Plaintiff suffered physical and mental injuries, and incurred medical and related expenses in amounts to be proven at trial. 17. As a result of Defendant's conduct Plaintiff will have future medical and pharmaceutical bills which will be proven by Plaintiff at trial. 18. As a direct and proximate result of negligence and carelessness of the Defendant physician, the Plaintiff suffered general damages relating to her past, present, and future pain and suffering in an amount to be determined according to proof at trial. 19. As a direct and proximate of the negligence and carelessness of the Defendant physician, the Plaintiff has suffered mental and emotional suffering in an amount to be determined according to proof at trial. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in her favor in an amount in excess of the statutory limits for compulsory arbitration. COUNT II. DEEDE DYARMAN V. DR. BOHONYI AND CUMBERLAND VALLEY OB/GYN 20. Previous paragraphs are incorporated by reference as if fully set out. 21. From the time of the removal of the first ovary, until the time of the removal of the second ovary, Plaintiff continued to complain to Defendants of severe pain in the relevant areas of her body. 22. Defendant physician informed Plaintiff that the pain was caused by nerves or otherwise, and was "phantom pain" for which nothing or little could be done. 23. For a period of many years plaintiff suffered daily pain and discomfort. 24. The Defendants' failure to remove the ovary as they were originally to do, caused this pain to go unabated and was in fact the cause of the pain. 25. The Defendants are negligent in that they: (a) Failed to remove the proper ovary; (b) Failed to diagnosis the mistake and otherwise correct the problem; (c) Failed to perform tests or procedures to determine that in fact the pain was caused by the continued presence of the diseased organ; (d) Continued to advise Plaintiff that no treatmem was necessary or available when in fact it was; (e) Failed to perform tests and procedures to determine the cause and nature of the problem where the duration of the complained of pain was so great and lengthy in nature; (f) Were otherwise generally negligent. 26. The direct and proximate result of the negligence and carelessness of the Defendants, the Plaintiff suffered physical and mental injuries, and incurred medical and related expenses an amount to be proven at trial. As a result of the Defendants conduct, Plaintiff will have future medical and pharmecutical bills which will be proven at trial. 27. As a direct and proximate result of negligence and carelessness of the Defendants, the Plaintiff suffered general damages related to her past, present, and future suffering an amount to be determined according to proof at trial. 28. As a direct and proximate result of negligence and carelessness of the Defendants, the Plaintiff has suffered mental and emotional suffering an amount to be determined according to proof at trial. WHEREFORE, Plaintiff respectfully requests this Court enter judgment in her favor and against the Defendants in an amount in excess of the statutory limits for compulsory arbitration. COUNT III. DEEDE DYARMAN V. POLYCLINIC HEALTH HOSPITAL (POLYCLINIC MEDICAL CENTER) 29. Previous paragraphs incorporated by reference as if fully set out. 30. The incident in question performed by the Defendant's physician, in a negligent and careless manner, resulting in serious mental, physical, monetary injuries and damages to Plaintiff are incorporated as if they are more fully described in Plaintiff's first and second cause of action and are incorporated as if they were set out in full herein. 31. At all times referred to, it is believed and therefore averred that Defendant physician had staff privileges at the Defendant Hospital and/or had operating privileges, and was a member of the Hospital's medical staff, and entitled as such a physician, the right to admit and treat patients at the Defendant Hospital. These staff privileges which were extended to the Defendant physician include the right to perform the procedure which gave rise to Plaintiff's injuries. 32. Upon information and belief Defendant Hospital selected the Defendant physician to become a member of the Defendant Hospital's medical staff and granted Defendant physician full privileges in the Defendant physician's specialty, including care and treatment of matters such as Plaintiffs. 33. Upon information and belief Defendant physician was selected pursuant to the accreditation standards, by-laws and the rules of the Defendant Hospital, which exercised its responsibility for screening applicants for staff privileges and appointment to the medical staff of Defendant Hospital. 34. On or about the date of the injury to Plaintiff, Defendant physician was incompetent and unfit to perform the procedure and render treatment as required of an effective physician practicing in a specialty for which Defendant physician was granted privileges by the Defendant Hospital. The Defendant physician was unfit and incompetent as late out in the first cause of action and in the second cause of action. These allegations of negligence are hereby incorporated by reference as if fully set out herein. 35. Upon information and belief, the Defendant Hospital knew or had reason to know that a person in Plaintiff's position would be subject to unreasonable risk of harm from Defendant physician exercising his staff privileges at Defendant Hospital. 36. Upon information and belief, the Defendant Hospital most likely reappointed the Defendant physician, as member of the medical staff, breached a duty owing to the Plaintiff to use reasonable care in selecting, reviewing and supervising members of its medical staff, when the Defendant Hospital by and through its agents, assigns, employees, credentials committee, review committee, or the like, knew or should have known that the Defendant physician was incompetent or unfit to hold staff privileges or operating privileges in a specialty which he was appointed to the medical staff or given use to the hospital facilities. 37. As a direct and proximate result, said Hospital's breach of duty and its negligence, careless, and reckless selection and/or review and supervision of Defendant physician, the Plaintiff has suffered severe and serious injuries and monetary damages which are more fully described in PlaintiW s first and second causes of action which are incorporated herein by reference. WHEREFORE, Plaintiff respectfully requests judgment against the Defendant Hospital in an amount in excess of the statutory limits of compulsory arbitration. Respectfully submitted, ROMINGER & BAYLEY Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Date: May 31, 2002 DEEDE DYARMAN, Plaintiff VS. WILLIAM A. BOHONYI M.D., CUMBERLAND VALLEY OB/GYN, and POLYCLINIC HEALTH HOSPITAL Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO: 02 - 1788 : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Dr. William Bohonyi 9 Flowers Drive Mechanicsburg, PA 17055 Sarah W. Arosell, Esquire 305 N. Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Dated: May 31, 2002 Karl ~. Rominger, Esquire Attorney for Plaintiff DEEDE DYARMAN, Plaintiff VS. WILLIAM A. BOHONYI M.D., CUMBERLAND VALLEY OB/GYN, and POLYCLINIC HEALTH HOSPITAL Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO: 02 - 1788 : : : : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 THOMAS, THOMAS & HAFER, LLP Sarah W. Arose~ Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendant Polyclinic Hospital DEEDE DYARMAN, Plaintiff WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN and POLYCLINIC HEALTH HOSPITAL, Defendants IN THE COURT OF C{ OF CUMBERLAND PENNSYL~ NO. 02-1; CIVIL ACTION JURY TRIAL DEI~ STIPULATION TO AMEND COMPLAINT PURSUANT TO PA.R.C.P. 1033 AND NOW, comes the Plaintiff, Deede Dyarman, by and th~ E. Rominger, Esquire, and Defendant, Polyclinic Health Hospital. attomeys, Thomas, Thomas & Hafer, LLP, and hereby stipulate Pa.R.C.P. 1033: 1. All references to Polyclinic Health Hospital in the C caption, shall be amended to reflect the proper entity which is Pin~ d/b/a Polyclinic Hospital. MMON PLEAS :OUNTY, ~NIA 38 - LAW lANDED ough her attomey, Karl ~c],: by and through its as follows pursuant to 3mplaint, including the ~acle Health Hospitals, 2. Plaintiff is not seeking punitive damages against De: Health Hospital Is/c] or Pinnacle Health Hospitals, d/b/a Pc Complaint and any such suggestion by language or otherwise, is NOW, THEREFORE, the undersigned counsel, attem amendment of Plaintiff's Complaint as contemplated by Pa.R.C. this Stipulation for themselves and for their respective clients. ROMINGER LAW OFFICES By:.. Kad E. Rominger, Esquire Attomey ID # 81924 155 South Hanover Street Carlisle, PA 17013 Counsel for Plaintiff THOMAS, THOll Sa'~h W. ,~ Attomey ID 305 North I P.O. Box 91 HarrisbUrg, Counsel for Defen Polyclinic Health I- :170986.1 endant Polyclinic fclinic Hospital in her :reby deleted. ting to accomplish an 1033, hereby execute ,S & HAFER, LLP .rosell, Esquire # 58797 :ront Street )9 PA 17101 Jant ospital [s/c] CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a t foregoing STIPULATION on the following persons by placing a copy States mail, first class mail, directed to their office addresses as follows: ~e and correct copy of the )f the same in the United Karl E. Rominger, Esquire ROMINGER & BAYLEY 155 South Hanover Street Carlisle, PA 17013 Dr. William Bohonyi CUMBERLAND VALLEY OB/GYN 9 Flowers Drive Mechanicsburg, PA 17055 THOMAS, THOMAS& ~'~arah W. Arosell, [AFER, LLP Esquire THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendants Pinnacle Health at Polyclinic Hospital DEEDE DYARMAN, Plaintiff WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN and PINNACLE HEALTH HOSPITALS d/b/a POLYCLINIC HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1788 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and Counsel: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS, THOMAS/& H~FER, LLP Sarah W. Arosell, Esquire I.[3.#58797 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendant, Pinnacle Health Hospitals d/b/a Polyclinic Hospital Date: ~,/~/# ~.. THOMAS, THOMAS & HAl=ER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendant Pinnacle Health at Polyclinic Hospital DEEDE DYARMAN, Plaintiff WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN and PINNACLE HEALTH HOSPITALS d/b/a POLYCLINIC HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1788 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT PINNACLE HEALTH HOSPITALS dlb/a POLYCLINIC HOSPITAL TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Pinnacle Health Hospitals d/b/a Polyclinic Hospital (hereinafter referred to as "Defendant Polyclinic"), by and through their attorneys, Thomas, Thomas & Hafer, LLP, to answer Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Defendant Polyclinic is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of Plaintiff's Complaint and the same are deemed denied and proof demanded at the time of trial. 2. Denied as stated. It is admitted that on December 31, 1995, Polyclinic Medical Center, was succeeded by Pinnacle Health Hospitals, d/b/a Polyclinic Hospital, a licensed, non- profit corporation, organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 2601 North Third Street, Harrisburg, Pennsylvania 17110. 3. The allegations contained in this paragraph of Plaintiffs Complaint do not pertain to Defendant Polyclinic and, therefore, no response is required. 4. Denied as stated. It is admitted that Plaintiff was a patient at Polyclinic Medical Center on October 14, 1994. As to the remaining allegations in this paragraph, it is admitted that Plaintiff's medical records from Polyclinic Medical Center speak for themselves and are incorporated herein by reference. 5-5. The allegations contained in these paragraphs of Plaintiff's Complaint do not pertain to Defendant Polyclinic and, therefore, no response is required. 6. Denied. The allegations contained in this paragraph of Plaintiff's Complaint are conclusions of law as opposed to statements of fact and no response is required. To the extent a response may be deemed required, Defendant Polyclinic avers that with respect to their professional involvement in this matter, they at all times acted appropriately and in a fashion commensurate with the standard of medical care applicable under similar circumstances and that they were in no way negligent. By way of further response, Defendant Polyclinic in no way negligently or otherwise caused or contributed to cause any injury or damage to Plaintiff. Defendant Polyclinic further denies these allegations pursuant to Pa. R.C.P. 1029(e). 7. The allegations contained in this paragraphs of Plaintiff's Complaint do not pertain to Defendant Polyclinic and, therefore, no response is required. 8. Denied, pursuant to the provisions of Pa. R.C.P. 1029(e). 9. Denied, pursuant to the provisions of Pa. R.C.P. 1029(e). 10.Denied, pursuant to the provisions of Pa. R.C.P. 1029(e). To the extent a response may be deemed required, Defendant Polyclinic avers that with respect to their professional involvement in this matter, they at all times acted appropriately and in a fashion 2 commensurate with the standard of medical care applicable under similar circumstances and that they were in no way negligent. By way of further response, Defendant Polyclinic in no way negligently or otherwise caused or contributed to cause any injury or damage to Plaintiff. COUNT I DEEDE DYARMAN V. WILLIAM BOHONYI 11. Defendant Polyclinic hereby incorporates their responses to Paragraphs 1 through 10 of this Answer as if fully set forth herein. 12-19. The allegations set forth in these paragraphs and subparagraphs of Plaintiff's Complaint are directed to individuals other than Defendant Polyclinic and therefore, no response from Defendant Polyclinic is required. WHEREFORE, Defendant Plaintiff without cost to them. Polyclinic demands judgment in their favor and against COUNT II DEEDE DYARMAN V. DR. BOHONYI AND CUMBERLAND VALLEY OBIGYN 20. Defendant Polyclinic hereby incorporates their responses to Paragraphs 1 through 19 of this Answer as if fully set forth herein. 21-28. The allegations set forth in these paragraphs and subparagraphs of Plaintiff's Complaint are directed to individuals other than Defendant Polyclinic and, therefore, no response from Defendant Polyclinic is required. WHEREFORE, Defendant Plaintiff without cost to them. Polyclinic demands judgment in their favor and against COUNTIII DEEDE DYARMAN V. PINNACLE HEALTH HOSPITALS d/bla POLYCLINIC HOSPITAL 29. Defendant Polyclinic hereby incorporates their responses to Paragraphs 1 through 28 of this Answer as if fully set forth herein. 30. The allegations set forth in this paragraph of Plaintiff's Complaint are directed to individuals other than Defendant Polyclinic and, therefore, no response from Defendant Polyclinic is required. 31. Denied as stated. It is admitted that at the time of Plaintiff's surgery as alleged in paragraph 4, above, Defendant Dr. Bohonyi was an independent contractor with medical staff privileges at Defendant Polyclinic. 32. Denied as stated. It is admitted that at the time of Plaintiff's surgery as alleged in paragraph 4, above, Defendant Dr. Bohonyi was an independent contractor with medical staff privileges at Defendant Polyclinic. 33. Denied as stated. It is admitted that at the time of Plaintiff's surgery as alleged in paragraph 4, above, Defendant Dr. Bohonyi was an independent contractor with medical staff privileges at Defendant Polyclinic. By way of further response, the allegations contained in this paragraph of Plaintiff's Complaint are conclusions of law as opposed to statements of fact and no response is required. To the extent a response may be deemed required, Defendant Polyclinic avers that with respect to their professional involvement in this matter, they at all times acted appropriately and in a fashion commensurate with the standard of medical care applicable under similar circumstances and that they were in no way negligent. 34. The allegations set forth in this paragraph of Plaintiff's Complaint are directed to individuals other than Defendant Polyclinic and, therefore, no response from Defendant Polyclinic is required. 35. Denied. The allegations contained in this paragraph of Plaintiff's Complaint are conclusions of law as opposed to statements of fact and no response is required. To the extent a response may be deemed required, Defendant Polyclinic avers that with respect to their professional involvement in this matter, they at all times acted appropriately and in a fashion 4 commensurate with the standard of medical care applicable under similar circumstances and that they were in no way negligent. By way of further response, Defendant Polyclinic in no way negligently or otherwise caused or contributed to cause any injury or damage to Plaintiff. Defendant Polyclinic further denies these allegations pursuant to Pa. R.C.P. 1029(e). 36. Denied. The allegations contained in this paragraph of Plaintiff's Complaint are conclusions of law as opposed to statements of fact and no response is required. To the extent a response may be deemed required, Defendant Polyclinic avers that with respect to their professional involvement in this matter, they at all times acted appropriately and in a fashion commensurate with the standard of medical care applicable under similar circumstances and that they were in no way negligent. By way of further response, Defendant Polyclinic in no way negligently or otherwise caused or contributed to cause any injury or damage to Plaintiff. Polyclinic Defendant further denies these allegations pursuant to Pa. R.C.P. 1029(e). 37. Denied. The allegations contained in this paragraph of Plaintiff's Complaint are conclusions of law as opposed to statements of fact and no response is required. To the extent a response may be deemed required, Defendant Polyclinic avers that with respect to their professional involvement in this matter, they at all times acted appropriately and in a fashion commensurate with the standard of medical care applicable under similar circumstances and that they were in no way negligent. By way of further response, Defendant Polyclinic in no way negligently or otherwise caused or contributed to cause any injury or damage to Plaintiff. Defendant Polyclinic further denies these allegations pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Polyclinic demands judgment in their favor and against Plaintiff without cost to them. NEW MATTER By way of further response to the allegations contained in Plaintiff's Complaint, Defendant Polyclinic hereby raises the following New Matter in accordance with Pennsylvania Rule of Civil Procedure 1030: 38. Defendant Polyclinic hereby incorporates their responses to Paragraphs 1 through 37 of this Answer as if fully set forth herein. 39. Plaintiff's Complaint fails, in whole or in part, to state a claim against Defendant Polyclinic upon which relief can be granted. 40. 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 Defendant Polyclinic. 41. Defendant Polyclinic did not render any medical or surgical or professional services to Plaintiff and therefore is not and cannot be vicariously liable for the conduct of Defendant William A. Bohonyi, M. D. 42. Under the Pennsylvania Medical Practice Act of 1985, 63 P.S. §422.10, et seq., only a natural person may be licensed to practice medicine and surgery. At no time hereto was Defendant Polyclinic either a natural person or licensed to practice medicine, and therefore did not in fact have a right to supervise, direct, or control the manner in which Defendant William A. Bohonyi, M. D. provided professional services to Plaintiff. 43. All care and treatment rendered to Ms. Dyarman by the employees, agents, apparent agents and/or servants of Defendant Polyclinic was at all times appropriate, reasonable and within the required standards of medical care and did not cause any injury or damage to Plaintiff. 6 44. Insofar as the Defendant Polyclinic or any person for whom it is or may be vicariously liable, elected a treatment modality which is recognized as proper, but may differ from another appropriate treatment modality, then Defendant Polyclinic raises the "two schools of thought" defense. 45. Whatever injuries and damages, if any, sustained by Plaintiff as averred in the Complaint were caused, in whole or in part, by persons or entities over whom Defendant Polyclinic had no duty to supervise or control and, therefore, Defendant Polyclinic is not liable and Plaintiff may not recover against them. 46. Whatever injuries and damages, if any, sustained by Plaintiff as averred in the Complaint were not caused by the conduct or negligence of Defendant Polyclinic, but were caused, in whole or in part, or were contributed to by pro-existing medical conditions of Ms. Dyarman, beyond the control of Defendant Polyclinic and, therefore, Plaintiff may not recover against them. 47. In the event that it is determined that the Defendant Polyclinic was negligent with regard to any of the allegations contained in, and with respect to Plaintiff's Complaint, said allegations being specifically denied, said negligence was superseded by the intervening negligent acts of other persons, parties and/or organizations other than the Defendant Polyclinic and over whom Defendant Polyclinic had no control, right or responsibility and, therefore, Defendant Polyclinic is not liable. To the extent that the evidence may show that other persons, partnerships, corporations or other legal entities caused or contributed to the injuries or exacerbation of the pro-existing conditions of Ms. Dyarman, then the conduct of Defendant Polyclinic was not the legal cause of such conditions or injuries. 7 48. Any acts or omissions of Defendant Polyclinic alleged to constitute negligence were not substantial factors contributing to the injuries and damages alleged in Plaintiff's Complaint. 49. Based upon the allegations set forth above and to the extent that discovery or the evidence adduced at trial may further establish the existence thereof, Plaintiff assumed the risk of the outcome in this case and Defendant Polyclinic asserts the defense of assumption of the risk. 50. Based upon the allegations set forth above and to the extent that discovery or the evidence adduced at trial may further establish the existence thereof, Plaintiff was negligent and/or caused or contributed to the outcome in this case, Defendant Polyclinic asserts the defense of contributory negligence and comparative negligence. 51. To the extent applicable or to the extent that it may later become applicable, Defendant Polyclinic pleads the statute of limitations to personal injury actions to preserve this affirmative defense for the record. 52. Defendant Polyclinic asserts all defenses and immunities afforded under the Health Care Services Malpractice Act, as amended. 53. For the purpose of preserving the same, and subject to discovery, all or some of Plainti~s claims may be barred pursuant to the affirmative defenses of release, offset or accord and satisfaction. 54. If there is a judicial determination that Pa. R.C.P. 238 is constitutional, with said constitutionality being expressly challenged as in violation of the due process and equal protection clauses of the 14th Amendment of the United States Constitution, 42 U.S.C. § 1983; Article 1 § 1, 6, 11, 25; and Article V, § 10(c) of the Pennsylvania Constitution, then any and all liability for interest imposed by the Pennsylvania Rules of Civil Procedure should be suspended during any such period of time that Plaintiff: (a) failed to convey to Answering Defendant a settlement figure; (b) delayed in responding to any Interrogatories as propedy served; (c) delayed in responding to any Request for Production of Documents and/or things as properly served; (d) delayed in producing Plaintiff for deposition following proper service of Notice of Deposition upon Plaintiff and/or their counsel; (e) delayed in producing Plaintiff for physical examination upon proper notice; or (f) delayed in any other manner relating to discovery requests properly made by Defendant Polyclinic. 55. Defendant Polyclinic raises all affirmative defenses of the Medical Care Availability and Reduction of Error (M'care) Act a/Ida Act 13 of 2002 as a limit/bar to Plaintiff's claims. WHEREFORE, Defendant Polyclinic demands judgment in their favor and against Plaintiff without cost to them. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire I. D.~58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendant, Pinnacle Health Hospitals d/b/a Polyclinic Hospital Dya~an v. Polyclinic VERIFICATION I, Robert T. Gabler, state that I am an authorized representative of Pinnacle Health Hospitals, legal successor in interest to Polyclinic Medical Center, that I make this. Verification on behalf of Defendant Pinnacle Health Hospitals d/b/a Polycli~nic Hospital, and that I have read the foregoing ANSWER WITH NEW MATTER which has been drafted with the assistance of defendant's counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. DATE: E//'/?//~ ~ Rober~ T. Gabler, Director Insurance & Risk Management Pinnacle Health :130278.1 CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing ANSWER WITH NEW MA~I'ER TO COMPLAINT on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Karl E. Rominger, Esquire ROMINGER & BAYLEY 155 South Hanover Street Carlisle, PA 17013 Dr. William Bohonyi CUMBERLAND VALLEY OB/GYN 9 Flowers Drive Mechanicsburg, PA 17055 :1713o9.1 THOMAS, THOMAS~& H~/.~ER, LLP Sarah W. Arosell, Esquire 10 MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I.D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Fax: [717] 975-8124 E-Mail: mbadowski~margolisedelstein.com sbanko~margolisedelstein.com Attorney for Defendant: WILLIAM A. BOHOAFfI, M.D., A~rD CUMBERLAND VALLEY OB/GYN DEEDE DYARMA_N, PLAINTIFF, VS. WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN, POLYCLINIC HEALTH HOSPITAL, DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. DOCKET NO. 02-1788-CIVIL JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANTS, WILLIAM A. BOHONYI, M.D. AND CUMBERLAND VALLEY OB/GYN, TO PLAINTIFF'S COMPLAINT 1. Plaintiff commenced the above-captioned action by Praecipe for Writ of Summons and filed her Complaint on or about May 31, 2002. In reviewing the Certificate of Service, it does not appear that a copy of the Complaint was ever served upon Defendant, Cumberland Valley Ob/Gyn ("CV Ob/Gyn"}. A copy of said Complaint is attached hereto, incorporated herein by reference and marked as Exhibit A. 2. A copy of the Complaint was furnished to counsel for Defendants, William A. Bohonyi, M.D. ("Dr. Bohonyi") and CV Ob/Gyn, sometimes hereinafter referred to collectively as Defendants, on July 22, 2002. 3. In paragraph 13(f) of Plaintiff's Complaint it is alleged that Dr. Bohonyi; "Was otherwise generally negligent in the performance of the removal of the ovary." 4. Similarly, in paragraph 25(f) of the Complaint, Plaintiff alleges that Defendants; "Were otherwise generally negligent." 5. Pa. R.C.P. No. 1028(a) (2) permits the filing of Preliminary Objections for the failure of a pleading to conform to law or rule of court. 6. The aforesaid paragraphs of Plaintiff's Complaint are nothing more than general boilerplate averments of negligence which, if not stricken from the Complaint, would permit Plaintiff to amend her Complaint after the applicable statute of limitations has run to include a theory of negligence now not contained in the Complaint. WHEREFORE, Defendants, William A. Bohonyi, M.D. and Cumberland Valley Ob/Gyn, pray this Honorable Court enter an Order pursuant to Pa. R.C.P. No. 1028(a) (2) striking paragraphs 13(f) and 25(f) of Plaintiff's Complaint, pursuant to Pa. R.C.P. No. 1028(a) (2) or, in the alternative, require Plaintiff to file a more specific pleading with respect to the aforesaid paragraphs pursuant to Pa. R.C.P. No. 1028(a) (3). Date: STEPHEN L. BANKO, JR. Attorneys for Defendants, WILLIAM A. BOHONYI, M.D., AND CUMBERLAND VALLEY OB/GYN CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the ~ day of ~//~ , 2002, and addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) Sarah W. Arosell, Esquire THOMAS, THOM_AS & HAFER 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (Counsel for Polyclinic Health Hospital) MARGOLIS EDELSTEIN Secretary DEEDE DYARMAN, Plaintiff VS. WILLIAM A. BOHONYI M.D., CUMBERLAND VALLEY OB/GYN, and POLYCLINIC HEALTH HOSPITAL Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 02 - 1788 JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days atter 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 ajudgrnent 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 TRUE COPY FPON RECORD DEEDE DYARMAN, Plaintiff VS. WILLIAM A. BOHONYI M.D., CUMBERLAND VALLEY OB/GYN, and POLYCLINIC HEALTH HOSPITAL Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 02 - 1788 JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Deede Dyarman, by and through her attorney, Karl E. Romingcr, Esquire and pleads and alleges as follows: 1. Plaintiff, Deede Dyarman is an adult individual who resides at 8 Cedar Street, Newville, Pennsylvania 17241. 2. Defendant, Polyclinic Health Hospital also known as Polyclinic Medical Center and/or Pinnacle Health Hospitals d/b/a Polyclinic Hospital is a hospital at 111 South Front Street, Harrisburg, Pennsylvania 17101, whose principle place of business is located at the same address. 3. Defendant, Dr. William Bohonyi is an adult individual whose principle place of business is at 9 Flowers Drive, Mechanicsburg, Pennsylvania 17055. 4. On or about October 14, 1994, while under the care and the treatment of Defendant physician, the Plaintiff underwent a salpingo~oppherectomy procedure to have her left ovary removed on the premises of Defendant Hospital. The procedure was performed by and under the supervision of the Defendant physician while Plaintiff was a patient at the Defendant Hospital. 5. Cumberland Valley Ob/Gyn is believed to be a business organization practice for medical purposes and is located at 9 Flowers Drive, Mechanicsburg, Pennsylvania 17055. 5. Defendant Bohonyi is believed to be a principle of Cumberland Valley Ob/Gyn. 6. Defendant Hospital supervised Defendant physician while Plaintiff was a patient at the Defendant Hospital. 7. Plaintiff continued to receive follow up care by and through Defendant physician in Defendant practices in Defendant physician's office for a number of years thereat~er. 8. In September of 2000 Plaintiff underwent an operation to remove the ovary that was alleged to have been removed previously. 9. At that time it was discovered that Defendant physician had removed the wrong ovary. 10. As a result of the removal of the wrong ovary, Plaintiff now has no ovaries. COUNT I DEEDE DYARMAN V. WILLIAM BOHO1NYI 11. Previous para~aphs are incorporated by reference as if fully set out. 12. The Defendant physician negligently and carelessly performed the procedure upon the Plaintiff with the result that the wrong ovary was removed and the severely diseased ovary causing her difficulties was allowed to remain in place. 13. The Defendant physician was negligent and careless while performing as supervising the procedure in the following respects: (a) In failing to remove the correct ovary; (b) In failing to remove the most seriously diseased and damaged ovary; (c) Not taking due care in correctly identifying the ovary to be removed; (d) Incorrectly imaging and/or otherwise verifying that the correct ovary was being removed; (e) In performing the removal of an ovary on a patient under conditions where it was not possible to ascertain that the correct ovary was being removed; and (f) Was otherwise generally negligent in the performance of the removal of the ovary. 14. As a result of the negligence and carelessness of Defendant physician, Plaintiff has had to endure continued pain and suffering, loss and function of her ovaries, and other normal bodily functions, and an impairment of her ability to perform physical activities, and other life activities expected of an adult female of her age and abilities. 15. Such injuries suffered by the Plaintiff were directly and proximately caused by the negligence and negligent conduct of the Defendant physician. 16. As a direct and proximate result of the negligence and carelessness of the Defendant physician, the Plaintiff suffered physical and mental injuries, and incurred medical and related expenses in amounts to be proven at trial. 17. As a result of Defendant's conduct Plalntiffwill have future medical and pharmaceutical bills which will be proven by Plaintiff at trial. 18. As a direct and proximate result of negligence and carelessness of the Defendant physician, the Plaintiff suffered general damages relating to her past, present, and future pain and suffering in an amount to be detemfined according to proof at trial. 19. As a direct and proximate of the negligence and carelessness of the Defendant physician, the Plaintiff`has suffered mental and emotional suffering in an amount to be determined according to proof at trial. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in her favor in an amount in excess of the statutory limits for compulsory arbitration. COUNT II. DEEDE DYARMAN V. DR. BOHONYI AND CUMBERLAND VALLEY OB/GYN 20. Previous paragraphs are incorporated by reference as if fully set out. 21. From the time of the removal of the first ovary, until the time of the removal of the second ovary, Plaintiff continued to complain to Defendants of severe pain in the relevant areas of her body. 22. Defendant physician informed Plaintiff that the pain was caused by nerves or otherwise, and was "phantom pain" for which nothing or little could be done. 23. For a period of many years Plaintiff suffered daily pain and discomfort. 24. The Defendants' failure to remove the ovary as they were originally to do, caused this pain to go unabated and was in fact the cause of the pain. 25. The Defendants are negligent in that they: (a) Failed to remove the proper ovary; (b) Failed to diagnosis the mistake and otherwise correct thc problem; (c) Failed to perform tests or procedures to determine that in fact thc pain was caused by the continued presence of thc diseased organ; (d) Continued to advise Plaintiff that no treatment was necessary or available when in fact it was; (e) Failed to perform tests and procedures to determine the cause and nature of the problem where the duration of the complained of pain was so great and lengthy in nature; (f) Were otherwise generally negligent. 26. The direct and proximate result of the negligence and carelessness of the Defenciants, the Plaintiff suffered physical and mental injuries, and incurred medical and related expenses an become a member of the Defendant Hospital's medical staff and granted Defendant physician full privileges in the Defendant physician's specialty, including care and treatment of matters such as Plaintiffs. 33. Upon information and belief Defendant physician was selected pursuant to the accreditation standards, by-laws and the rules of the Defendant Hospital, which exercised its responsibility for screening applicants for staff privileges and appointment to the medical staff of Defendant Hospital. 34. On or about the date of the injury to Plaintiff, Defendant physician was incompetent and unfit to perform the procedure and render treatment as required of an effective physician practicing in a specialty for which Defendant physician was granted privileges by the Defendant Hospital. The Defendant physician was unfit and incompetent as late out in the first cause of action and in the second cause of action. These allegations of negligence are hereby incorporated by reference as if fully set out herein. 35. Upon information and belief, the Defendant Hospital knew or had reason to know that a person in Plaintiff's position would be subject to unreasonable risk of harm from Defendant physician exercising his staff privileges at Defendant Hospital. 36. Upon information and belief, the Defendant Hospital most likely reappointed the Defendant physician, as member of the medical staff, breached a duty owing to the Plalntiffto use reasonable care in selecting, reviewing and supervising members of its medical staff, when the Defendant Hospital by and through its agents, assigns, employees, credentials committee, review committee, or the like, knew or should have known that the Defendant physician was incompetent or unfit to hold staff.privileges or operating privileges in a specialty which he was appointed to the medical staff or given use to the hospital facilities. 37. As a direct and proximate result, said Hospital's breach of duty and its negligence, careless, and reckless selection and/or review and supervision of Defendant physician, the Plaintiff has suffered severe and serious injuries and monetary damages which are more fully described in Plaintiff's first and second causes of action which are incorporated herein by reference. WHEKEFOKE, Plaintiff respectfully requests judgment against the Defendant Hospital in an amount in excess of the statutory limits of compulsory arbitration. Respectfully submitted, ROMINGER & BAYLEY Karl E. Rominger, Esquire ~' 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Date: May 31, 2002 DEEDE DYARMAN, Plaintiff VS. WILLIAM A. BOHONYI M.D., CUMBERLAND VALLEY OB/GYN, and POLYCLINIC HEALTH HOSPITAL Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND cOUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO: 02 - 1788 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE. I, Karl E. Rominger, Esquire, attorney for Plaimiff do hereby certify that I this day served a copy of the Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Dr. William Bohonyi 9 Flowers Drive Mechanicsburg, PA 17055 Sarah W. Arosell, Esquire 305 N. Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Dated: May 31, 2002 Karl ]E. Rominger, Esquire Attorney for Plaintiff MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I.D. No. 41727 MAR~OLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mail .- [717] 975-8114 [717] 975-8124 mbadowski~margolisedelstein.com sbanko®margolisedelstein.com Attorney for Defendant: WILLIAM A. BOHONYI, M.D., AND CUMBERLAND VALLEY OB/GYN DEEDE DYARMAN, PLAINTIFF, VS. WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN, POLYCLINIC HEALTH HOSPITAL, DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. DOCKET NO. 02-1788-CIVIL JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANC~ TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter our appearance on behalf of Defendants, WILLIAM A. BOHONYI, M.D., AND CUMBERLAND VALLEY OB/GYN, in the above-captioned matter. Date: STEPHEN L. BANKO, JR. Attorneys for Defendants, WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the ~ day of ~ , 2002, and addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) Sarah W. Arosell, Esquire THOMAS, THOMAS & HAFER 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (Counsel for Polyclinic Health Hospital) MARGOLIS EDELSTEIN SeCretary DEEDE DYARMAN, Plaintiff Vo WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN and POLYCLINIC HEALTH HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-1788 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: PROTHONOTARY Please enter the appearance ofHartman, Osbome& Rettig on behalf of Defendant, Polyclinic Health Hospital, in the above-captioned matter. Respectfully submitted, HARTMAN, OSBORNE & RETTIG Dated: September 18, 2002 Matthew ~. Hamlin, Esquire Supreme Ct. I.D. #86142 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorney for Defendant, Polyclinic Health Hospital THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendant Polyclinic Hospital DEEDEDYARMAN, Plaintiff WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN and POLYCLINIC HEALTH HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1788 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of the undersigned as attorneys for Polyclinic Health Hospital in the above matter. Respectfully submitted, DATE: THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire I.D.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendant Polyclinic Health Hospital CERTIFICATE OF SERVICE I, Matthew E. Hamlin, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) Michael M. Badowsld, Esquire Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (counsel for Dr. Bohonyi, M.D. and Cumberland Valley OB/GYN) Dated: September 18, 2002 HARTMAN, OSBORNE & RETTIG Matthew E. l(ll[mlin, Esquire Supreme Ct. I.D. #86142 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 DEEDE DYARMAN, Plaintiff} WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN and PINNACLE HEALTH HOSPITALS d/b/a POLYCLINIC HOSPITAL, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-15'88 CIVIL ACTION - LAW JURY TRIAL DEMANDED HEALTH HOSPITALS D/B/A POLYCLINIC HOSPITAL, MOTION TO coMPEL ANSWERS ~D ~SPONSES TO INTERROGATORIES, sUPPLEMENTAL INTERROGATORIES AND ~QUEST FOR PRODUCTION OF DOCUMENTS AND NOW comes the Defendant, Pinnacle Health Hospitals d/b/a Polyclinic Hospital (hereinafter "Pinnacle"), by and through its attorneys, Hartman, Osborne & Rettig, P.C., to file the within Motion to Compel Plaintiff to answer Movant's outstanding Interrogatories, Supplemental Interrogatories and Request for Production of Documents, and in support thereof avers as follows: 1. Plaintiff commenced the above-captioned medical negligence action by the filing of a Praecipe tbr Writ of Sumlnons on or about April 10, 2002. 2. Following the issuance of a Rule to File a Complaint, Plaintiff filed her Complaint on or about June 3, 2002. 3. In her Complaint, Plaintiff's sole count against Pinnacle alleges corporate negligence involving its supervision of Co-Defendant physician, William A. Bohonyi, M.D. 4. On or about June 18, 2002, prior counsel for ]?innacle served Plaintiff with Interrogatories and Request for Production of Documents. On November 4, 2002 the undersigned served Supplemental Medical Insurance Payment Interrogatories on Plaintiff. (True and correct copies of the Ibregoing discovery requests are attached hereto, collectively, as Exhibit "A", and are incorporated herein by reference.) 5. The aforesaid Interrogatories and Request for Production of Documents comply with the Pennsylvania Rules of Civil Procedure regarding discovery. 6. Former counsel fbr Pinnacle requested Plaintiff's Answers to the outstanding Interrogatories and Request for Production of ]Documents by letter dated August 13, 2002. The undersigned also requested compliance by letter dated November 4, 2002. (True and correct copies of these letters are attached hereto, collectively, as Exhibit "B", and are incorporated herein by reference.) 7. Plaintiff's counsel has not responded to the tbregoing requests, and as of the submission of the within Motion, Plaintiff's counsel has failed to serve any Answers or respond to these outstanding discovery requests, nor provide an explanation for his failure to do so. 8. Consequently, Plaintiff should be compelled to provide tull and compete Answers to the aforesaid Interrogatories and Supplemental Interrogatories and response to the Request for Production of Documents within twenty (20) days, or suffer the imposition of sanctions pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant, Pinnacle Health Hospitals d/b/a Polyclinic Hospital, respectfully request that this Honorable Court enter an Order requiring Plaintiff to file full and complete responsive Answers and response to Movant's Interrogatories, Supplemental Interrogatories and Request for Production of Documents within twenty (20) days of the date of said Order or suffer sanctions including, but not limited to, the following: bo Dated: Co Precluding Plaintiff from introducing any testimony as to any subject matter addressed in the aforesaid Interrogatories and Request for Production of Documents; Awarding counsel fees incurred in filing the instant Motion to Compel and any related procedures; and Such other relief as the Court deems just and proper under the circumstances. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. By: Matthew E.'~rtamlin, Esquire Supreme Court I. D. #86142 126-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 January 21, 2003 Attorneys for Defendant, Pinnacle Health Hospitals d/b/a Polyclinic Hospital THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell. Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendant Pinnacle Health at Polyclinic Hospital DEEDE DYARMAN, Plaintiff WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN and PINNACLE HEALTH HOSPITALS d/b/a POLYCLINIC HOSPITAL, Defendants IN THE COUR'I' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NC). 02-1788 CIVIL ACTION - LAW JURY TRIAL DEMANDED To~ ,DEFENDANT, PINNACLE HEALTH HOSPITALS d/bla POLYCLINIC HOSPITAL'S INTERROGATORIES ADDRESSEE) TO PLAINTIFF' ~s~-r I) Deede Dyarman c/o Karl E. Rominger, Esquire Rominger Law Offices 155 S. Hanover Street Carlisle, PA 17013 PURSUANT TO THE PROVISIONS OF Pa. R.C.P. 4005 and 4006, as amended, you are required to file the original and serve a cc)py on the undersigned of your answers and objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The answers shall be inserted in the spaces provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature in accordance with the provisions of Pa. R.C.P. 4007.4, as amended. If, between the time of filing your original answers to these Interrogatories and the time of trial of this matter, you or anyone acting in your behalf learn the identity and local[ion of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as expert witnesses at trial not disclosed in your answers or if you or an expert witness obtain information upon the basis of which you or he knows thai: an answer was incorrect when made, or knows that an answer through correct when made is no longer true, then you shall promptly supplement your original answers under oath to include such information thereafter acquired and promptly fumish such a supplemental answer on the undersigned. DEFINITIONS "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information .can be obtained. "Identify" or "Identity" means when used in reference to - (1) A natural person, his or her: (a) full name; and (b) (2) A document: present or last known residence and employment address (including street name and number, city or town, and state or country); (a) its description (e.g., letter, memorandum, report, etc.), title, and date; (b) its subject matter; (c) its author's identity; (d) (e) its addressee's identity; its present location; and (3) (f) its custodian's identity; An oral communication: (a) its date; (b) (c) the place where it occurred; its substance; (d) the identity of the person who made the communication; (4) (e) the identify of each person to whom such communication was made; and (f) the identity of each person who was present when such comrnunication was made; A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number; (5) Any other context: a description with sufficient particularity that the thing may thereafter bE; specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Person" means a natural person, partnership, association, corporation, or government agency. STANDARD INSTRUCTIONS (1) Duty to answer. - The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege. - With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. - In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the correspondin~g interrogatories. THOMAS, THOMAS & HAFER, LLP ~arah W. Arosell, Esquire I.D. 58797 305 North F'ront Street P. O. Box 999 Harrisburg, PA 17108 Attorney for Defendant, Pinnacle Health Hospitals, d/b/a Polyclinic Hospital (a) (b) (c) (d) (e) (f) (g) (h) (i) State: Your full name; Each other name, if any, which you have used or by which you have been known; The name of your spouse at the time of the accident and the date and place of your marriage to such spouse; The address of your present residence and the address of each other residence which you have had during the past five years; Your present occupation and the name and address of your employer; Date of your birth; Your Social Security number; Your military service and positions held, if any; and The schools you have attended and the degrees or certificates awarded, if any. 2. List all hobbies and forms of recreation in which Plaintiff participated in the ten (10) years preceding the incident r,~ferred to in Plaintiff's Complaint and whether Plaintiff is prevented from participating in any such activities due to the incident referred to in the Complaint. 3. List and describe all expenses and losses that you have incurred because of the incident. 4. (a) Identify each person who (1) Was a witness to the incident through sight or hearing and/or (2) Has knowledge of facts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident. (b) With respect to each such person identified, state that person's exact location and activity at the time of the incident. 5. If you know of anyone that has given any statement (as c~efined by the Rules of Civil Procedure) concerning this action or its subject matter, state: (a) (b) (c) The identity of such person; When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. 6. Identify documents (except reports of experts Pa.R.C.P. No. 4003.5) which describe the incident or the cause thereof. subject to 7. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified, state your relationship with the witness and the substance of the facts to which the witnes.s is expected to testify. 8. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) (b) (c) (d) The subject matter in which each expert is expected to testify; and The substance of the facts to which each expert is expected to testify; The opinions to which each expert is expected to testify; A summary of the grounds for each opinion of each expert including, but not limited to, any textual materia! upon which each expert witness will rely. For any such text, please identify the name of the text, the author, the edition, the year of publication, and the page or pages of said text to be relied upon. If the expert will rely on any joumal matedal or article (medical journal or the like), then for each such journal or article, identify the medical joumal in which it appears, the author, the edition, the year of publication and the page or pages of the medical journal to be relied upon. 9. Kindly set forth in detail the education, training and experience of each expert witness identified in response to the previo,.Is Interrogatory. 10. Do you intend to call any medical witnesses, including any treating physicians of Plaintiff in your case? If so, please set forth a summary of the facts and opinions to which the medical witness will testify at trial. ANSWER: 1i. Identifi/all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. 12. at trial, state: If you intend to use any book, magazine, or other such writing (a) (b) (c) (d) (e) The name of the writing; The author of the writing; The publisher of the writing; The date of publication of the writing; and The identity of the custodian of the writing. 13. a result of the incident. Identify all injuries or disease..; that you allege you suffered as 14. If, either prior to or subsequent to the incident, you suffered any injury or disease in those portions of the body claimed by you to have been affected by the incident state: (a) (b) (c) (d) The injury or disease you suffered; The date and place of any accident, if such injury or disease was caused by an accident; The identity of hospitals, doctors, or practitioners who rendered treatment or examination because of such injury or diseases; and The identity of anyone against whom a claim was made, and the tribunal and docket number of any claim or lawsuit that was filed in connection with such injury or disease. 15. If you received medical treatment or examination (including x- rays) because of injury or disease you suffered as a result of the incident, state: (a) (b) (c) (d) (e) The identity of each hospital at which you were treated or examined; The date on which each such treatment or examination at a hospital was rendered, and the charge by the hospital for each; The identity of each doctor or practitioner by whom you were treated or examined; The date on which each such treatment or examination by a doctor or practitioner was rendered, and the charge for each; and The identity of any document(s) (except reports of experts subject to Pa.R.C.P. 4003.5) regarding any medical treatment or examination, setting forth the author and date of such document(s). 16. of the incident, state: (a) (b) (c) (d) For the period of three years immediately preceding the date the name and address of each of your employers, or if you were self-employed during any portion of that period, each of your business addresses and the name of the business while self-employed; The dates of commencement and termination of each of your periods of employment or self-employment; The nature of your occupation in each employment or self- employment; and The wage, salary, or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and self-employment for each year. 17. If you have enga§~.d subsequent to the date of the incident, state: in one or more gainful occupations (a) (b) (c) (d) (e) The name and address of each of your employers or, if you were self-employed at anytirne subsequent to the incident, each of your business addresses and the name of the business while self-employed; The dates of commencement and termination of each of your periods of employment or self-,employment; The nature of your occupation in each employment or self employment; The wage, salary or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and self-employment for each year; and The date(s) of any absence(s) from your occupation resulting from any injury or disease suffered in this incident, and the amount of any eamings or other benefits lost by you because of such absence(s). 18. If, as a result of this incident, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the incident, state with particularity: (a) (b) (c) The duties and/or activities you have been unable to perform; The periods of time you have been unable to perform; and The identity of all persons having knowledge thereof. 19. Identify each person that you claim caused your injury and, with respect to each such person, state whether you claim that: (a) (b) (c) (d) (e) (f) (g) (h) He/she was not qualified to undertake the type of treatment, surgery, or examination he/she gave; He/she failed to diagnose your injury correctly; He/she did not obtain proper consent or authorization; He/she did not maintain proper standards of hygiene or sterilization; He/she failed to use modern techniques and procedures; He/she did not give the correct treatment; He/she failed to observe proper preoperative, operative or postoperative procedures, specifying which; or He/she was otherwise negligent (specifying the nature of the negligence). 20. Itemize each and every health care expense incurred to date as an alleged result of the incident referred to in the Complaint, including' but not limited to doctor, hospital, clinic, physical therapy and prescription/non-prescription drug expenses, identifying the following with respect to each and every such expense: (a) The doctor, hospital, physical therapy facility, clinic, pharmacy or other entity who billed you for each expense; (b) The date on which each expense was incurred; (c) Whether each expense or any part thereof has been paid; (d) If so, when each expense or any part thereof was paid; (e) The source of payment or partial payment for each expense, i.e. Plaintiff's personal funds, Plaintiff's health insurance, Medicare, Medicaid, etc.; (f) The amount, in dollars, of the total cost billed for each expense that has actually been paid by Plaintiff, Plaintiff's health insurer, Medicare, Medicaid, etc; (g) If the total payment for any expense identified in subparagraph (f) is less than the total amount billed for that expense, please provide a detailed explanation of the reason for any difference between the total payment and the amount billed with respect to each such expense, i..e. did any health care provider or other entity identified above accept payment for any expense itemized above from Medicare, Medicaid or Plaintifl?s health insurer on a capitated basis; and (h) Whether the dollar amount listed for each expense in subparagraph (f), together with any co-payments made by Plaintiff, constitutes payment in full for each expense. (i) Please consider this a Request for Production for any and all documents regarding the above. 21. Please identify any Depar[ment of Public Welfare Medical Assistance liens, Medicare/Medicaid liens, liens from any public source or any other applicable liens. 22. With respect to the allegations contained in parajraph 34 of Plaintiff's Complaint, please set forth each and every fact which supports Plaintiff's contention that Defendant Hospital knew or should have known that "Defendant physician was incompetent and unfit to perform the procedure." 23. With respect to the allegations contained in parag~'aph 34 of Plaintiff's Complaint, please set forth each and every fact which supports Plaintiff's contention that Defendant Hospital knew or should have known that "Defendant physician was unfit to render treatment." 24. With respect to the allegations contained in paragraph 35 of Plaintiff's Complaint, please set forth each and every fact which supports Plaintif~"s contention that Defendant Hospital knew or should have known that "a person in Plaintiff's position would be subject to unreasonable risk of harm from Defendant physician exercising his staff privileges aZ Defendant Hospital." 25. With respect, to the allegations contained in paragraph 36 of Plaintiff's Complaint, please set forth each and every fact which supports Plaintiff's contention that Defendant Hospital knew or should have known that the "Defendant physician was incompetent or unfit to hold staff privileges or operating privileges in a specialty which he was appointed to the medical staff or given use to the hospif~! f~c~,;ities.'' CERTIFICATE OF SEJRVICE I, SARAH W. AROSELL, ESQUIRE, hereby certify that I have served a tr~e and correct copy of the foregoing DEFENDANT, PINN,~C!'_E HEALTH HOSPITALS, d/b/a POLYCLINIC HOSPITAL'S INTERROGATORIES ADDRESSED TO PLAINTIFF (SET NO. 1) on the following persons by placing same in the United States mail, postage prepaid, on the _~__~day of June, 2002: Karl E. Rominger, Esquire ROMINGER & BAYLEY '~ 25 South Hanover Street Carlisle, PA 17013 Dr. William Boi~onyi CUMBERLAND VALLEY OB/GYN 9 Flowers Drive Mechanicsburg, PA 17055 : 172043.1 THOMAS, THOMAS & HAFER, LLP ah W. Arosell, Esquire THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendant Pinnacle Health at Polyclinic Hospital DEEDE DYARMAN, Plaintiff WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN and PINNACLE HEALTH HOSPITALS d/b/a POLYCLINIC HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NC). 02-1788 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT, PINNACLE HEALTH HOSPITALS, d/bla POLYCLINIC HOSPITAL'5_ REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF' [.SET NO. 1) Defendant hereby requests that you furnish pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, at our expense, or' permit the Defendant or someone acting on their behalf to inspect, examine, and copy the following items concerning this action which are in the possession, custody, or control of the Plaintiff, counsel for Plaintiff, or any other person or entity acting on behalf of Plaintiff, including any insurer(s) for Plaintiff. Said items shall be produced or made available for inspection at the office of Defendant's attorneys, THOMAS, THOMAS & HAFER, LLP located at 305 North Front Street, Harrisburg, Pennsylvania within thirty (30) days after service of this Request, on a date and time to be arranged between counsel: This request is intended to cover all documents in the possession, custody and control of Plaintiff, her agents, employees, insurance carriers and attorneys and is considered to be continuing. Plaintiff's response to the Request should be modified or supplemented as Plaintiff, and/or her attorneys, obtain further or additional documents up to the time of trial. -1- INSTRUCTIONS 1.. If you object to the production of any document on the grounds that the attorney-client, attorney work-product or any other privilege is applicable thereto, you shall, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person who prepared or participate in the preparation of the document; (d) Identify each person who received it; (e) Identify each person from whom the document was received; (0 State the present location of the document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or a copy thereof; and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, videos, films, microfilm, microfiche, contracts, agreements, notes, memoranda, .summaries, analyses, projections, indices, work papers, studies, test reports, test results, surveys, diaries, calendars, films, photographs, videos, movies, diagrams, drawings, sketches, minutes of meetings or any other writing [including copies of the foregoing, regardless of whether the parties to whom this reguest is addressed is not in the possession, custody or control of the original] now in the possession, custody or control of Plaintiffs, their former or present counsel, agents, employees, officers, insurers or any other persons acting on their behalf.) -2- DOCUMENTS REQUESTED 1. All photographs or videotapes showing, representing or purporting to show any of the persons or injuries and any and all other matters related to the subject matter of this litigation. 2. The entire contents of any investigation file(s) or any other documents or evidence in your possession which supporl~s or relates to the allegations in Plaintiff's Complaint or any defense thereto. (Excluding references to mental impressions, conclusions, or opinions representing the value or merit of the claim or defense, respecting strategy or tactics and privileged cornmunications to and from counsel.) 3. Any and all statements concerning the action, as defined by Pa.R.C.P. 4003.4, from all witnesses including any statements from the party herein or their respective agents, servants, employees or representatives. 4. Reports of any and all experts who will testify at trial including any and all "preliminary" reports, and all documents and records reviewecl by each expert including all correspondence or memoranda. -3- o called to testify at trial. The curriculum vitae of each and every expert that will be 6. With respect to the injuries and damages allegedly sustained by the Plaintiff as a result of the incident complained of, all hospital bills and all bills for medical treatment by any physician, osteopath, chiropractor, therapist, psychologist, psychiatrist, or practitioner of any medical or related art. 7. With respect to the injuries and damages allegedly sustained by the Plaintiff as a result of the incident complained of, all hospital reports, hospital charts, test results, lab reports, x-ray reports, and all reports, medical records, and notes of any physician, osteopath, chiropractor, therapist, psychologist, psychiatrist, nurse, or practitioner of any medical or related art. 8. Any release or other agreement between any person or entities given or obtained in regard to the subject incident. 9. Any and all documents evidencing or pertaining to any lien by any person or entity against potential recovery of damages by Plaintiff in this action. -4- 10. Copies of your federal and state income tax returns for the five years immediately preceding the events giving rise to this action and for each year subsequent thereto and all corresponding W-2 forms. 11. Any documents identified in your Answers to any set of Interrogatories propounded by Defendant. 12. Any and all documents containing the names and home addresses and/or business address of every individual contacted as a potential witness. (Excluding documents to or from an expert who was retained by you but is not expected to testify at trial). 13. Any calendar or diary which in any way documents either the incident as set forth in Plaintiff's Complaint or the medical treatment Plaintiff have received as a result of the incident. THOMAS, THOMAS & HAFER, LLP By: Sarah W. Arosell, Esquire I.D.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendant, Pinnacle Health Hospitals, d/b/a Polyclinic Hospital -5- CERTIFICATE OF SERVICE I, SARAH W. AROSELL, ESQUIRE, hereby certify that I have served a true and correct copy of the foregoing DEFENDANT, PINNACLE HEALTH HOSPITALS, d/bla POLYCLINIC HOSPITAL'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF (SET NO. 1) on the following persons by placing same in the United States mail, postage prepaid, on the ./_~day of June, 2002: Karl E. Rominger, Esquire ROMINGER & BAYLEY 155 South Hanover Street Carlisle, PA 17013 Dr. William Bohonyi CUMBERLAND VALLEY OB/GYN 9 Flowers Drive Mechanicsburg, PA 17055 : 172044.1 THOMAS, THOMAS & HAFER, LLP S~'rah W. Arosell, Esquire -6- DEEDE DYARMAN, Plaintiff WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN and PINNACLE HEALTH HOSPITALS d/b/a POLYCLINIC HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-1'788 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUPPLEMENTAL MEDICAL INSURANCE/PAYMENT INTERROGATORIES OF DEFENDANTS, TRISTAN ASSOCIATES, BHUPINDER VARMA, M.D., JINAN O. .BAHIA, M'D, and JOACHIM J, HUERTER, M.r~., FOR ANSWER BY PLAINTIFF TO: DEEDE DYARMAN c/o Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001, et seq./Federal Rule of Civil Procedure No. 33, to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following Interrogatories. HARTMAN, OSBORNE & RETTIG, P.C. Dated: November 4, 2002 By: atthew E. Hamlin, Esquire Supreme Ct. I.D. #86142 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3,046 Attorney for Defendant, Pinnacle Health Hospitals d/b/a Polyclinic Hospital DEFINITIONS AND INSTRUCTIONS (A) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, gr~,phic or recorded matter, however produced or reproduced and however formal and informal. 03) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: (1) The nature of the document (e.g., letter, memorandum, computer print-out, minutes, resolution, tape recording, etc.); (2) Its date (or if it bears no date, the date when it was prepared); (3) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (4) The name, address, employer and position of the person, if any, to whom the document was sent; (5) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; (6) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and (7) A brief statement of the subject matter ofs'uch document. -2- (C) Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (1) The means of communication (e._~., telephone, personal conversation, etc.); (2) Where it took place; (3) /ts date; (4) The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; The substance of who said what to whom and the order in which it (5) was said; and Whether that communication or any part thereof is recorded, described or referred to in any document (however inforrnal) and, if so, an identification of such document in the manner indicated above. (D) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (E) Whenever you are asked to "identify" a person, the following information should be given: -3- (1) person; and (2) the name, present address and present employer and position of the Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession'. (F) The term "you" and "plaintiff" shall be deemed to mean and refer to the Plaintiff, DEEDE DYARMAN, where applicable, and shall also be deemed to refer to, but shall not be limited to, her attorneys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. (G) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in your Complaint. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if -4- Dated: November 4, 2002 you obtain or learn of additional information requested herein, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same. HARTMAN, OSBORNE & RETTIG, P.C. 'Mai~li~wTi~;...flamlin, Esquire Supreme Ct. I.D. #86142 126-128 Walnut Street (717) 232-3046 Attorney for Defendant, Pinnacle Health Hospitals d/b/a Polyclinic Hospital -5- 1. Please itemize Plaintiff's medical bills by identifying the health care provider, service rendered, dates of service and amount billed. ANSWER: 2. For each medical bill identified in answer to Interrogatory No. 1 above, please itemize the amount(s) paid by third party payors, including Plaintiff's medical insurance cartier(s), to the medical providers listed in Interrogatory No. 1. ANSWER: -6- 3. For each medical bill identified in answer to Interrogatory No. 1 above, please itemize the amount(s) paid by Plaintiff(s) directly to the medical providers listed in Interrogatory No. 1. ANSWER: 4. For each medical bill identified in answer to Interrogatory No. 1 above, please itemize the medical bills with respect to which you have evidence that the health care provider did not accept the insurance payment in full satisfaction of the bill. ANSWER: Dated: November 4, 2002 HARTMAN, OSBORNE & RETTIG, P.C. iVIhttl~e~v-E, l~{nlin, Esquire Supreme Ct. I.D. #86142 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attomey for Defendant, Pinnacle Health Hospitals d/b/a Polyclinic Hospital -7- CERTIFICATE OF SERVICE I, Matthew E. Hamlin, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintif~ Michael M. Badowski, Esquire Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (counsel for Dr. Bohonyi, M.D. and Curnberlan.d Valley OB/GYN) Dated: November 4, 2002 HARTMAN, OSBORNE & RETTIG, P.C. M~tthew E. Han~n, Esquire Supreme Ct. I.D. #86142 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 717-255-7231 SWA~,tthlaw.com August 13, 2002 Karl E. Rominger, Esquire Rominger Law Offices 155 S. Hanover Street Carlisle, PA 17013 RE: DYARMAN V, POLYCLINIC, ETAL. Cumberland County C.C.P. No. 02-1788 Dear Karl: On June 18, 2002, Defendant Polyclinic served Plaintiff with Interrogatories and a Request for Production of Documents. Plaintiffs responses are now overdue. Would you please provide us with the discovery responses at your earliest convenience. Thank you. Very truly yours, THOMAS, THOMAS & HAFER, LLP By: Sarah W. Arosell SWA/g mc: 166430.7 HARTMAN, OSBORNE & RETTIG, P.C. AT'rORNEYS AT LAW 126-128 WALNWr STREET, HARRISBURG, PA 17101 · TELEPHONE (717) 232-3046 · FACSIMILE (717) 232-3538 JACK M. HARTMAN KEVIN E. OSBORNE JEFFREY B. RETrlG MATTHEW E. HAMLIN CINDY L. NICHOI~ON WRITER'S EXTENSION: 103 WRITER'S E-MAlL ADDRESS: mhamlin~hoslawpa.com November 4, 2002 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 ge~ Dyarman v. Bohonyi, et al. Docket No. 02-1788 Fund File No. 03775-A Dear Mr. Rominger: My firm has been substituted as counsel for Defendant, Polyclinic Health Hospitals d/b/a Polyclinic Hospital. On June 18, 2002, former counsel for that Defendant served Plaintiff with Interrogatories and Request for Production of Documents. On August 13, 2002, former defense counsel transmitted a letter to you requesting service of discover)' responses. To-date, I have not been served with Plaintiff's responses. Please make arrangements to serve those responses within thirty (30) days of the date of this letter so as to avoid a Motion to Compel. Finally, enclosed please find a copy of Polyclinic's Supplemental Medical Insurance/Payment Interrogatories directed to the Plaintiff. Thank you for your anticipated cooperation. Sincerely, Matthew E. Ha~fnlin MEFFpkw Enclosure cc: Stephen L. Banko, Jr., Esquire CERTIFICATE OF SERVICE I, Matthew E. Hamlin, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 ( Counsel./br Plaint![/) Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (counsel for Dr. Bohonyi, M.D. and Cumberland Valley OB/GYN) HARTMAN, OSBORNE & RETTIG, P.C. Dated: January21,2003 Matthew E. Hamhn, Esquire Supreme Ct. I.D. #86142 126-128 Walnut Street Harrisburg, PA 17101 (717) ~,.~2-3046 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and su~nitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please ] i.~t the within matter for the m~t Ar~t Court. CAPTION OF CASE (entire caption must be stated in b,] ] ) DEEDE DYARMAN, (plaintiff) v~o WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN, POLYCLINIC HEALTH HOSPITAL, ( Defendant ) No. 02-1788 Civil 19 State matter to be argued (i.e., plaintiff's motion for new trim], defer~t's de~-rer to cc~]mint, etc.): PRELIMINARY OBJECTIONS OF DEFENDANTS, WILLIAM A. BOHONYI, M.D. AND CUMBERLAND VALLEY OB/GYN, TO PLAINTIFF'S CO~LAINT 2. Identify counsel who wi ] ] argue case: e (a) for plmi~tiff: Address: Karl E. Rominger, Es(tuire 155 South Hanover Street Carlisle, PA 17013 (b) for defendant: Address: Michael M. Badowski, Esquire/Stephen L. Banko, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 I wi11 notify all parties in writingwithint~days t~t t~ case I~s been limted for ar~t. 4. Ar~t Court Date: Dated: January I~ , 2003 February 12, 2003 ~ f~ Defendants William m. Bohonyi, M.D. an!~!.iand Valley Ob/Gyn DEEDE DYARMAN, Plaintiff VS. .. WILLIAM A. BOHONYI, M.D., : CUMBERLAND VALLEY : OB/GYN and PINNACLE HEALTH: HOSPITALS d/b/a POLYCLINIC : HOSPITAL, : Defendants : · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA 02-1788 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL DISCOVERY ORDER AND NOW, this ,,~ ~ * day of January, 2003, a rule is issued on the plaintiff to show cause why the relief requested in the within motion to compel ought not to be granted. This rule returnable twenty (20) days from date of service. BY THE COURT, Hess, J. MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I.D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mail: [717] 975-8114 [717] 975-8124 n~adowski~anargolisedelstein.com sbanko~margolisedelstein.com Attorney for Defendants: WILLIAM A. BOHONYI, M.D., AND CUMBERLAND VALLEY OB/GYN DEEDE DYARMAN, PLAINTIFF, VS. WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN, POLYCLINIC HEALTH HOSPITAL, DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. DOCKET NO. 02-1788-CIVIL JURY TRIAL DEMANDED MOTION OF DEFENDANTS, WILLIAM A. BOHONYI, M.D. AND CUMBERLAND VALLEY OB/GYN TO COMPEL DISCOVERY - PA. R.C.P. NO. 4019 1. This is a medical malpractice action commenced by Plaintiff by Writ of Summons on or about April 10, 2002. 2. On August 9, 2002, Defendants, William A. Bohonyi, M.D. and Cumberland Valley Ob/Gyn (~Defendants"), served upon Plaintiff written Interrogatories and Request for Production of Documents. Copies of said Interrogatories and Request for Production of Documents are attached hereto, incorporated herein by reference and marked as Exhibit A and B, respectively. 3. Plaintiff alleges that Defendants were negligent in various respects. This being a medical malpractice action, it is required that Plaintiff sustains her burden of proof with respect to said allegations of negligence by the use of expert testimony to establish that Defendants provided care to Plaintiff which fell below the applicable standard of care. 4. Contained in the discovery requests previously served upon Plaintiff by Defendants were expert Interrogatories and other requests to establish the identity and opinion of any expert witness Plaintiff may utilize to sustain her burden of proof against Defendants. 5. Pa. R.C.P. No. 4006(a) (2) provides in pertinent part that: The answering party shall serve a copy of the answers and objections, if any, within thirty days after service of the interrogatories. 6. Similarly, Pa. R.C.P. No. 4009.12 provides that: The party upon whom the request [for production] is served shall within thirty days after the service of the request (1) serve the answer including objections to each numbered paragraph in the request; and (2) produce or make available to the parties submitting the request those documents and things described in the request to which there is no objection. Nearly six (6) months have elapsed since Defendants served the 2 written Interrogatories and Request for Production of Documents upon Plaintiff and, to date, Plaintiff has not served written answers to the Interrogatories nor has she served a written response to the Request for Production of Documents or provided documents in response thereto. 7. Defendants are unable to prepare a defense to what they believe to be a frivolous lawsuit without Plaintiff providing full and complete written answers to the discovery requests. 8. Pa. R.C.P. No. 4019 provides that: (a) (1) The court may, on motion, make an appropriate order if: (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005; (vii) a party, in response to a request for production or inspection made under Rule 4009, fails to response to that inspection will be permitted as requested or fails to permit inspection as requested. 9. The Plaintiff is represented by Karl E. Rominger, Rominger and Bayley, 155 South Hanover Street, Carlisle, PA 17013, telephone number (717)241-6070. 10. Defendants are represented by Stephen L. Banko, Jr., Esquire, Margolis Edelstein, 3510 Trindle Road, Camp Hill, PA 3 17011, telephone number (717)975-8114. 11. By letter dated January 17, 2003, the undersigned counsel for Defendants wrote to Plaintiff's counsel concerning the outstanding discovery answers. Plaintiff's counsel was informed that if full and complete Answers. to the discovery requests were not received within twenty (20) days of the date of the letter, Defendants would file a Motion to Compel Discovery. A copy of said letter is attached hereto, incorporated herein and marked as Exhibit C. 12. More than twenty (20) days have now elapsed and Plaintiff has not responded to the discovery requests nor has her counsel made any effort to contact the undersigned regarding this issue. WHEREFORE, Defendants, William A. Bohonyi, M.D. and cumberland Valley Ob/Gyn, pray this Honorable Court enter an Order pursuant to Pa. R.C.P. No. 4019 compelling Plaintiff to serve full and complete answers to Interrogatories and a written response to Request for Production of Documents within thirty (30) days of the date of said Order or face appropriate sanctions upon motion of Defendants. Date: February ~ , 2003 By MA,~OLI S EDELSTEIN St~e'~L. ~.anko, Jr. Attorne~ I.D. No. 41727 P. O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 (717) 975-8124 FAX Counsel for ]Defendants, William A. Bohonyi, M.D. and Cumberland Valley Ob/Gyn 5 CERTIFICATE OF SERVIC__E I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 7 day of __~~ , 2003, and addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) Matthew E. Hamlin, Esquire Hartman, Osborne & Rettig 126-128 Walnut Street Harrisburg, PA 17101 (Counsel for Polyclinic Health Hospital) M-ARGOLIS EDELSTEIN Secretary MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I.D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mail: [717] 975-8114 [717] 975-8124 mbadowski~margolisedelstein.com sbanko~margolisedelstein.com Attorney for Defendant: WILLIAM A. BOHONYI, M.D., AND CUMBERLAND VALLEY OB/GYN DEEDE DYARMAN, PLAINTIFF, VS. ~ILLIAM A. BOHONYI, M D., CUMBERLAND VALLEY OB/GYN, POLYCLINIC HEALTH HOSPITAL, DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNA. DOCKET NO 02-1788-CIVIL JURY'TRIAL DEMANDED INTERROGATORIES OF DEFENDANTS, WILLIAM A. BOHONYI, M.D., AND CUMBERLAND VALLEY OB/GYN, DIRECTED TO BE ANSWERED BY PLAINTIFF- FIRST SET TO: 'PLAINTIFF and her counsel, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 PLEASE TAKE NOTICE that you are hereby required, pursuant to the Pennsylvania Rules of Civil Procedure, Nos. 4005 and 4006, to serve upon the undersigned within thirty (30) days from service hereof your answers in writing and under oath to the Interrogatories. These Interrogatories shall be deemed to be continuing Interrogatories. If, between the time of your Answers to said Interrogatories and the time of the trial of this case, you or anyone acting in your behalf learns the identity and whereabouts of any other witnesses not identified in your said Answers, or if you obtain or become aware of additional requested information not supplied in your Answers, you shall promptly furnish the same to the undersigned by Supplemental Answers. MARGOLI S EDELSTEIN Attozl~eys for Defendants, WILLIAM A. BOHONYI, M.D., AND CUMBERLA/qD VALLEY OB/GYN - 2 - DEFINITIONS AND INSTRUCTIONS AS used in these Interrogatories, the words and terms as set forth below shall be defined as follows: (a) "You," "your" or "yourself" shall mean and include the answering party or parties, each of said party's representatives, agents, servants, workmen, relatives, employees, attorney, and all other persons: acting for or on behalf of the answering party. (b) "Identify" or "identity" wken referring to an individual means to state his/her: (1) name; (2) present address, if known, or last known address (business and residence); (3) job title, business affiliation or job classification at the time of the events referred to in the Interrogatory Answers; (4) current employer, if known, or last known' ' employer; and (5) telephone number (business and residence). (c) "Identify" or "identity" when referring to a document or documents means to: - 3 - (1) state the type of document (e.g., record, report, letter, memoranda, telegram, chart, photo, etc.), its date, its title (if any), its identifying number, a generalized summary of the subject matter of the contents of the document, and its present location; and (2) state each person who ]prepared it, each person for whom it was prepared, the address of each person to whom it was sent, the address of each person who ~' presently has ~ustody of the original or copies thereof. (d) "Identify"'or "identity" when referring to a "claim" or "action" means to set orth the ]lame of the court where the case, claim or action was filed, the docket number, the year and date when the action was commenced, the names of all claimants (including you), the names of all parties against whom a claim was asserted, the date or dates of the transaction or occurrences which gave rise to the claim, a description of injuries and damages claimed ~o have accrued, the identity of · insurance carrier for the persons or entities against whom all claims or suits were asserted, the outcome of the claim or suit, the amount recovered, from whom, and if no recovery was realized, why not. - 4 - (e) "Documents" include any written, recorded or graphic matter however produced or reproduced including but not limited to correspondence, telegrams, other written communications, contracts, agreements, notes, reports, records, x-rays, memoranda, photographs, tape recordings or any other writings, including copies of any of the foregoing now or at any prior time in your (as defined herein) possession, custody or control. (f) "Statement" includes a written statement signed or otherwise adopted or approved by the person making it. It includes the stenographic, mechanical, electrical, or other method of recording or a transcription thereof which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. (g) "Treatment" means any surgery, examination, diagnosis, therapy or other medical care or attention rendered. (h) "Health Care Provider" means physician, dentist, chiropractor, podiatrist, chiropodist, therapist, intern, resident, nurse (RN or LPN), or other person who rendered service to, attended to or otherwise assisted in ti~e health care of the Plaintiff. - 5 - "Health Care Provider" also means hospital, doctor's office, clinic, rehabilitation center, nursing home or any similar facility in which or through wkich medical, therapeutic, rehabilitative or other services were rendered. (i) "Person" has its customary broad meaning and shall also include any human being, corporation, partnership, sole proprietorship, unincorporated association, joint venture, or any other organization or entity. ~ " (j)~ "Describe," "specify," and/or "state" shall mean to set forth fully and unambiguously, using professional words of art, if necessary, each and every fact relevant to the answer called for in the interrogatory of which the answering party or his agents, employees or representatives have knowledge. I N T E R R 0 G A T 0 R I E S 1. Please identify yourself by stating your: (a) full name (and other names by which you are or were known); (b) address; (c) date and place of birth; (d) social security number; and (e) Medicare and/or Medicaid nu~ers. Please identify all health care providers, by whom or at which you received treatment for any reason 'from the date of the incident giving rise to this action to the present time by stating: (a) the name and address of the health care provider; (b) the ~ate Of each examination, treatment or surgery; and (c) the nature of the sickness or injury for which you were examined, treated and/or operated upon on each such occasion. - 7 - o Please identify all health care providers by whom or at which you received treatment for any reason within the ten years preceding the date upon which you became a patient of Defendant(s) by stating: (a) the name and address of the health care provider; (b) the date of each examination, treatment or surgery; and the nature of the sickness or injury for which you were examined, treated and/or operated upon on each such occasion. - 8 o Please identify: (a) Ail non-expert witnesses who you know or believe witnessed all or any part of the treatment upon which this action is based or who were present or near the scene of the treatment upon which this action is based and had knowledge of injuries you claim to have resulted from said treatment by stating: (i) their name; (ii) their address; (iii) their location at the time of said treatment. (b) All other witnesses who you know or believe to have any information regarding your claims of negligence against Defendant and your claims of damages by stating: (i) their name; (ii) their addresses and telephone numbers. (c) Ail individuals with whom you at any time discussed the facts and circumstances upon which this action is based by stating: (i) their names; (ii) their addresses and telephone numbers. - 9 - o As to those witnesses identified by you in the preceding ,interrogatory, state the substance of the information you know or believe to be held by each of said witnesses. - 10 - Please identify all expert witnesses retained or employed by plaintiff who you expect to call as a witness to testify at trial and the substance of the facts relied upon and opinions held by each such expert witness. - 11 - o -Please state the substance and, to the extent you are able, the specifics, of every conversation between you and Defendant(s) or between Defendant(s) and any other person pertaining to you and the date and place at which such conversation took place. - 12 - State your contentions as to the liability of each Defendant as set forth in the Complaint as well as the specific facts known to you upon which such contentions of negligence or malpractice are based. - 13 - o Completely identify all medical records which you believe tends to support your contentions of liability. - 14 10. State all damages you allege were sustained by you as a result of the alleged negligence or malpractice of Defendant(s). - 15 11. Identify all documents or compilation of documents which, to date, you, or anyone on your behalf, have in any way procured, considered, reviewed, or prepared in regard to this lawsuit, and regardless of whether you believe any document to be privileged or otherwise not discoverable, completely identify all such documents in accordance with the definitional instructions prefacing these interrogatories. (NOTE: This interrogatory does not seek disclosure of the specific contents of any document. If you believe that any document is not discoverable, please identify the document by general reference to its subject matter and date of preparation). - 16 - 12. Please provide the following information relating to Plaintiff's medical bills (attach copies of the actual medical bills): (a) Name of health care provider; (b) Date(s) of service; (c) Summary of services rendered; (d) Amounts billed; (e) Amounts paid to each health care provider by third party payors, including plaintiff's medical insurance carrier(s); (f) Amounts paid out of plaintiff's pocket to each medical care provider; and (g) Amounts paid by Medicare, Medicaid, Public Welfare Medical Assistance, or any other public source.~. - 17 - 13. Please identify any Department of Public Welfare Medical Assistance liens, Medicare/Medicaid liens, liens from any public source or any other applicable liens. Date: MARGOLI S EDELSTEIN ey for Defendants, WILLIAM A. BOI{ONYI, M.D., AND CUMBERLAND VALLEY OB/GYN 18 - CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid., on the ~ day of 2002 and addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel-for Plaintiff) Sarah W. Arosell, Esquire THOMAS, THOMAS & HAFER 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (Counsel for Polyclinic Health Hospital) MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I.D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E -Mai 1: [717] 975-8114 [717] 975-8124 mbadowski~margolisedelstein.com sbanko~margolisedelstein.com Attorney for Defendant: 'WILLIAM A. BOHONYI, M.D., AND CUMBERI_4%ND VALLEY OB/GYN DEEDE DYARMAN, PLAINTIFF, VS. WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN, POLYCLINIC HEALTH HOSPITAL, DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,-PENNA. DOCKET NO. 02-1788-CIVIL JURY TRIAL DEMANDED REQUEST OF DEFENDANTS, WILLIAM A. BOHONYI, M.D., AND CUMBERLAND VALLEY OB/GYN FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF -- FIRST REQUEST TO: PLAINTIFF and her counsel, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Pursuant to Pa. R.C.P. No. 4009, you are hereby requested to produce the below listed documents and/or items for purposes of discovery. This material will be examined and/or photocopies; photograph negatives will be processed and photographs reproduced. Said documents or tangible things are to be produced at the offices of MARGOLIS EDELSTEIN, 3510 Trindle Road, Camp Hill, Pennsylvania 17011, within thirty (30) days of the date of service hereof and supplemented thereafter in accordance with Pa~ R.C.P. No. 4007.4: 1. The entire contents of any investigation file or files and any and all documents in Plaintiff's possession which support or relate to the allegations of Plaintiff's Complaint (excluding the mental impressions of Plaintiff's attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and excluding '~he mental impressions, '~con~lusions Dr opinions respecting the value or merit of a claim or defense or respecting strategy or tactics of a representative of Plaintiff, other than her attorney). 2. Any and all statements concerning this action or its subject matter made by a party or its agents, servants or employees, or by a witness, as defined by Pa. R.C.P. No. 4003.4. 3. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 4. Reports of any and all experts who will testify at trial including any and all "preliminary" reports, and all documents and records reviewed by each expert including all correspondence or memoranda. - 2 - 5. The curriculum vitae of each and every expert that will be called to testify at trial. 6. Any and all medical records, autopsy reports, physician's reports and bills, hospital records or abstracts of same which relate in any way to the injuries allegedly sustained by Plaintiff. 7. Copies of your federal and state income tax returns for the five years immediately preceding the events giving rise ~to'~his' action and'for each year subsequent thereto and all corresponding W-2 forms. 8. All documents or other demonstrative evidence which Plaintiff intends to introduce or use at trial. 9. All documents identified, described, specified or referenced in Plaintiff's responses to Defendant's Interrogatories -- First Set served upon Plaintiff simultaneously with this Request for Production of Documents. MARGOLIS EDELSTEIN S~ENkL. BANKO, JR. Attorneys for Defendants, WILLIAM A. BOHONYI, M.D., AND CUMBERLAND VALLEY OB/GYN - 3 - CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all coUnsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the ~:~ day of ~i~.~'~.c.-z~7~--,.. , 2002, and addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel'for Plaintiff) Sarah W. Arosell, Esquire THOMAS, THOMAS & FIAFER 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Counsel for Polyclinic Health Hospital) MARGOLIS EDELSTEIN PHILADELPHIA OFFICE THE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SQUARE WEST PHILADELPHIA, PA 19106-3304 215o922-1100 FAX 215-922-1772 PI~-FSBURGH OFFICE 1500 GRANT BUILDING PITTSBURGH, PA 15219-2203 412-281-4256 FAX 412-642-2380 WRITER: STEPHEN L. BANKO, JR.* DIRECT E-MAIL: sbanko@margolisedelstein.com MARGOLIS EDELSTEIN ATTORNEYS AT LAW POST OFFICE BOX 932 HARRISBURG, PA 17108-0932 STREET ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 717-975-8114 FAX 717-975-8124 January 17, 2003 'DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA 19063 610-565-8311 FAX 610-565-8318 NEW JERSEY OFFICE P.O. BOX 2222 216 HADDON AVENUE WESTMONT, NJ 08108-2886 856-858*7200 FAX 856-858-1017 SCRANTON OFFICE THE OPPENHBM BUILDING 409 LACKAWANNA AVENUE SUITE 3C SCRANTON, PA 18503 570-342-4231 FAX 570-342-4841 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Re: Dyarman vs. Bohonyi, et al. Docket No. 02-1788-CIVIL Our File No. 57550.4-00075 Dear Karl: It has been obvious from the outSet that your client does not have a viable cause of action against Dr. Bohonyi and the other Defendants. I believe that you recognize this to be true and I have been hopeful that the case would be discontinued without further action. Unfortunately, I have no other choice but to move this case forward. You will note that I filed Preliminary Objections to your client's Complaint on July 24, 2002, and since there has been no amendment of the Complaint, nor has there been any movement to resolve this case, I have no other alternative but to list the Preliminary Objections for argument. Moreover, I served upon you, as counsel for Plaintiff, Interrogatories and Request for Production of Documents on August 9, 2002, and to date, I have not received written responses to these discovery requests. Your client's answers are long overdue. Accordingly, if I do not receive full and complete answers to the discovery requests within twenty (20) days of the date of this letter, I will file a Motion to Compel Discovery. *Certified as a Civil Trial Advocate by the National Board of Tdal Advocacy A Pennsylvania Supreme Court Accredited Agency Karl E. Rominger, Esquire January 17, 2003 Page 2 Should you have any questions regarding this matter, please feel free to contact me. Sarah W. Arosell, Esquire CC: truly yours, ~.~~ anko, Jr. SLBJr./bj s *Certified as a Civil Trial Advocate by the National Board of Tdal Advocacy A Pennsylvania Supreme Court Accredited Agency FEB 11 DEEDE DYARMAN, PLAINTIFF, VS. WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN, POLYCLINIC HEALTH HOSPITAL, DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. DOCKET NO. 02-1788-CIVIL JURY TRIAL DEMANDED ORDER AND NOW, this I~' day of /~~ , 2009, upon consideration of the Motion of Defendants, William A. Bohonyi, M.D. and Cumberland Valley Ob/Gyn, to Compel Discovery, a Rule is issued upon Plaintiff to show cause, if any she has, why she should not provide full and complete written answers to Interrogatories and written response to Request for Production of Documents as requested by Defendants. days from the date of service Rule returnable hereof. BY THE COURT: Jo MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I.D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mail: [717] 975-8114 [717] 975-8124 mbadowski~margolisedelstein.com sbanko~margolisedelstein.com Attorney for Defendant: WILLIAM A. BOHONYI, M.D., AND CUMBERLAND VALLEY OB/GYN DEEDE DYARMAN, PLAINTIFF, VS. WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN, POLYCLINIC HEALTH HOSPITAL, DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. DOCKET NO. 02-1788-CIVIL JURY TRIAL DEMANDED PROOF OF SERVICE The undersigned hereby certifies that a true and correct copy of the Rule to Show Cause was served upon the person and in the manner indicated below: Service by First Class Mail Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiffs) Date: MARGOLIS EDELSTEIN M~L ~. BADOWSKI STEPHEN L. BANKO, JR. Attorney's for Defendants, WILLIAM A. BOHONYI, M.D., AND CUMBERLAND VALLEY OB/GYN CERTIFICATE OF SERVIC![ I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the /~ day of ~.a~~ , 2003, and addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) Matthew E. Hamlin, Esquire Hartman, Osborne & Rettig 126-128 Walnut Street Harrisburg, PA 1701 (Counsel for Polyclinic Health Hospital) MARGOLIS EDELSTEIN Secretary CRRTIPICAT~ PRRR~0UISIT~ TO S~RVICR O~ A SUBPORNA PURSUP~NT TO RUL~ ~00~,22 IN THE MATTER OF: DEEDE DYARMAN COURT OF COMMON PLEAS TERM, -VS- WILLIAM BOHONYI ET AL CASE NO: 02-1788 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW HAMLIN, 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 at least twenty days prior to the date on which th,~ subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/11/2003 Attorney for DEFENDANT DEll-397993 2 2 7 7 O --LO 1 COMMONWEALTH OF PEN:NS YLVAN IA COUNTY OF CUMBERLAND IN THE MATTER OF: DEEDE DYARMAN -VS- WILLIAM BOHONYI ET AL COURT OF COMMON PLEAS TERM, CASE NO: 02-1788 NOTICE OF INTENT TO SERVE A SUBPOenaS3%_ TO PROnUCE DOCI~4~NTS AND · rnJ_NGS FOR DISC~)¥~a{Y PD~u~u~d~T TO RULE 4009.21 THEODORE BERK, M.D. JEFFREY D. SEDLAK, M.D. CARLISLE HOSPITAL WILLLIAM BAHONYI, M.D. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: KARL E. ROMINGER, ESQ. STEPHEN L. BANK0 JR., ESQ. MCS on behalf of MATTHEW HAMLIN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/19/2003 CC: MATTHENHAMLIN, ESQ. - QOO21G04 MCS on behalf of MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1g01 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-216222 22 770--C0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEEDE DYARMAN : VS : : WILLIAM BOHONY~, ET AL : File No. : : : 02-1788 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,99 TO: CUSTODIAN OF RECORDS FOR: THEODOE BERK, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHEI) at MCS GROUP INC., 1601 MAREKT ST'., 11800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things'required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MATTHEW HAMLIN. ESQ ADDRESS: 126-128 WALNUT ST. HARRISBURG, PA 17101 TELEPHONE: SUPREME COURTID #: ATTORNEY FO~ 215-?a6-flqnO DATE: BY ~ COURT: Prothonotary/Clerk, Deputy ~_~ Seal of the Court (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: THEODORE BERK, M.D. 40 BROOKWOOD AVENUE CARLISLE, PA 17013 RE: 22770 DEEDE~ DYARMAt~ Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: DEEDE DYARMAN 8 CEDAR STREET, NEWVILLE, PA 17241 Social Security #: 168-48-3474 Date of Birth: 12-21-1966 SU10-425704 2 2 7 7 0 --LO 1 CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSU2~ TO RULE 400).22 IN THE MATTER OF: DEEDE DYARMAN COURT OF COMMON PLEAS TERM, o -¥S- WILLIAM BOHONYI ET AL CASE NO: 02-1788 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW HAMLIN, 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 at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/11/2003 MCS on behalf of MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT DEll-397994 2 2 7 7 O --LO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBiERLAND IN THE MATTER OF: DEEDE DYARMAN -VS- WILLIAM BOHONYI ET AL COURT OF COMMON PLEAS TERM, CASE NO: 02-1788 NO~ICE OF ~ TO SERVE A SUBPOENA TO PRODUCE ~S AND_ · ~iilgGS FOR DISCO¥~d(Y PUIiSUANW TO RI~,R 4009.21 THEODORE BERK, M.D. JEFFREY D. SEDLAK, M.D. CARLISLE HOSPITAL NILLLIAM BAHONYI, M.D. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: STEPHEN L. BANK0 JR., ESQ. · ARL E. RONINGER, ESQ. MCS on behalf of MATTHEW HAMLIN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/19/2003 CC: MATTHEW HAMI, IN, ESQ. - Q0021604 MCS on behalf of MATTHEW HANLIN, ESQ. Attorney for DEPENDANT Any questions regardin9 this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-216223 2 2 7 7 0 --CO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEEDE DYARMAN VS WILLIAM BOHONYZ, ET AL : File No. : : : 02-1788 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUAN'r TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: JEFFREY D. SEDLACK, M.D. (Name of Per, on or Entity.) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC., 1601 MAREKT ST., #800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party, making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the document~ or things required by this subpoena, within twen~ (20) days after its service, the party. serving this subpoena may ~eek a court order compelling you to comply with it. THIS SUBPOEWA WAS ISSUED AT THE REQUEST OF THE FOLLOWLNG PERSON: NAME: MATT~' HAMLIN. ESO ADDRESS: 126-128 WALNUT ST. HARRISBURG, PA 17101 TELEPHONE: SUPREME COURT ID ATTOILNEY FOR: ~ ~ ;.-? ~6-oqo0 BY ~ COURT: Prothonotarx./Oerk. C~'~I D~n Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JEFFREY D. SEDLAK, M.D. BELVEDERE MEDICAL CENTER 850 WALNUT BOTTOM RD CARLISLE, PA 17013 RE: 22'~70 DEEDE DYARMAN Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may 'be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: DEEDE DYARMAN 8 CEDAR STREET, NEWVILLE, PA 17241 Social Security #: 168-48-3474 Date of Birth: 12-21-1966 SU10-425706 2 2 7 7 0 --LO 2 CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSU2~ TO RULE 400).22 IN THE MATTER OF: DEEDE DYARMAN COURT OF COMMON PLEAS TERM, -VS- WILLIAM BOHONYI ET AL CASE NO: 02-1788 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MATTHEW HAMLIN, 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 at least twenty days prior to the date on which the subpoena is sought to be served, (2 A copy of the notice of intent, includin§ the proposed subpoena, is attached to this certificate, (3 No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/11/2003 MCS on behalf of MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT DEll-397995 22 7 7 O --LO 3 COMMONWEALTH OF PENNSYLVANIA cOUNTY OF CUMBERLAND IN THE MATTER OF: DEEDE DYARMAN -VS - WILLIAM BOHONYI ET AL COUR~ OF COMMON PLEAS TERM, CASE NO: 02-1788 NOTIC~ OF ~ TO SRRV~ A SUBPO~ TO P~_ODUC3~_ ~S AND FOR DISC~KY Pu~uA~T TO ~_rrr.R 4009.21 THEODORE BERK, M.D. JEFFREY D. SEDLAK, M.D. CARLISLE HOSPITAL NILLLIAM BAHONYI, M.D. M~DICAL RECORDS M~DICAL RECORDS M~DICAL RECORDS MEDICAL R~CORDS TO: KARL E. ROMINGER, ESQ. STEPHEN L. BANKO JR., ESQ. MCS on behalf of MATTHEW HAMLIN, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. YOu have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made. then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/19/2003 CC: MATTHEW HAMX~M, ESQ. - 00021604 MCS on behalf of MATTHEW HAMLIN, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601MAEKET STREET t800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-216222 2 2 7 7 0 --CO i --' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO: DEEDE DYAiLMAN VS WILLIAM BOHONYZ, ET AL : File No. : : : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 G2-1788 CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL (Name of Person or Entity.) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROL]? INC., 1601 MAREKT ST., #800, PHILA.,PA 19103 (Address) 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 par~y, making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things ,.taught. If you fail to produce the dooaments or things required by this subpoena, within twenty, (20) davs after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPO~A WAS ISSUED AT THE REQUEST OF THE '.FOLLOWING PERSON: N~,ME: .MATTHEW RAMZ~N. ESO ADDRESS: 126-128 WALNET ST. HA1LRISBERG, PA 17101 TELEPHONE: ? ? 5-~ :6-dad0 SUPREME COL'RT ID ATTORNEY FOR: Seal of ~e Court (Elf. 7/~') EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET CARLISLE, PA 17013 RE: 22270 DEEDE DYARMAN Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, fries, memoranda, handwritten notes, history and physical reports, medication/ prescription records; nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, tests, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: DEEDE DYARMAN 8 CEDAR STREET, NEWVILI.E, PA 17241 Social Security #: 168-48-3474 Date of Birth: 12-21-1966 SU10-425708 2 2 7 7 0 --LO 3 MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I.D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mail: [717] 975-8114 [717] 975-8124 mbadowski~margolisedelstein.com sbanko~margolisedelstein.com Attorney for Defendants: WILLIAM A. BOHONYI, M.D., AND CUMBERLAND VALLEY OB/GYN DEEDE DYARMAN, PLAINTIFF, VS. WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN, POLYCLINIC HEALTH HOSPITAL, DEFENDANTS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA. : : DOCKET iNO. 02-1788-CIVIL : : JURY TRIAL DEMANDED PETITION FOR RULE ABSOLUT~ This is a medical malpractice action commenced by Plaintiff by Writ of Summons on or about ~)ril 10, 2002. 2. On August 9, 2002, Defendants, William A. Bohonyi, M.D. and Cumberland Valley Ob/Gyn ("Defendants"), served upon Plaintiff written Interrogatories and Request for Production of Documents. 3. Plaintiff failed to provide Answers to the discovery requests within the time limits prescribed in the Pennsylvania Rules of Civil Procedure and accordingly, on or about February 7, 2003, Defendants filed a Motion to Compel Discovery. 4. On February 13, 2003, the Honorable Kevin A. Hess issued a Rule upon Plaintiff to show cause, if any she has, why she should not provide full and complete written Answers to Interrogatories and written Response to Request for Production of Documents as requested by Defendants. The Rule was returnable twenty (20) days from the date of service. A copy of said rule is attached hereto, incorporated herein by reference and marked as Exhibit A. 5. A copy of the Rule to Show Cause was served upon counsel for Plaintiff by facsimile transmission on or about February 18, 2003. A copy of the letter serving the Rule by facsimile transmission and a Proof of Service is attached hereto, incorporated herein by reference and marked collectively as Exhibit B. 6. More than twenty (20) days have now elapsed since the date that the Rule to Show Cause was served upon counsel for Plaintiff and Plaintiff has not filed a response. 7. Accordingly, Defendants filed this Petition for Rule Absolute requesting that Plaintiff be required to provide full and complete written Answers to Interrogatories and a written Response to Request for Production of Documents or face appropriate sanctions upon further motion of Defendants. WHEREFORE, Defendants, William A. Bohonyi, M.D. and Cumberland Valley Ob/Gyn, pray this Honorable Court enter an Order pursuant to Pa. R.C.P. No. 4019 requiring Plaintiff to serve full and complete Answers to written Interrogatories and a written Response to Request for Production of Documents served upon her on or about August 9, 2002, or face appropriate sanctions upon further motion of Defendants. Date:  RGOLIS EDELSTEIN By:,,~~~ MAC M. BADOWSKI STE L. BANKO, JR. Attorneys for Defendants, WILLIAM A. BOHONYI, M.D., AND CUMBERL,~I~D VALLEY OB/GYN CERTIFICATE OF SERVIC__E I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class on the /3 day of /~-~ , 2003, and postage prepaid, addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) Matthew E. Hamlin, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 (Counsel for Polyclinic Health Hospital) MARGOLIS EDELSTEIN By: Secretary FEB 11 2003 DEEDE DYARMAN, PLAINTIFF, VS. WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN, POLYCLINIC HEALTH HOSPITAL, DEFENDANTS. IN THE COURT OF COMMON PLEAS OF C~BERLAND COUNTY, PENNA. DOCKET NO. 02-1788-CIVIL JURY TRIAL DEMANDED ORDER AND NOW, this /~ day of J~[ , .2003, upQn consideration of the Motion of Defendants William A. Bohonyi, M.D. and Cumberland Valley Ob/Gyn, to Compel Discovery,. __ a Rule is issued upon Plaintiff to show cause, if any she has, why she should not provide full and complete written answers to Interrogatories and written response to Request for Production of Documents as requested by Defendants. Rule~returnable 20 days from the date of service hereof. BY THE COURT: PHILADELPHIA OFFICE THE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SQUARE WEST PHILADELPHIA, PA 19106-3304 215-922-1100 FAX 215-922-17'72 PITTSBURGH OFFICE 1500 GRANT BUILDING PITTSBURGH, PA 15219-2203 412-281-4256 FAX 412-642-2380 WRITER: STEPHEN L BANKO, JR.* DIRECT E-MAIL: sbanko@margolisedelstein.com MARGOLIS EDELSTEIN ATTORNEYS AT LAW POST OFFICE BOX 932 HARRISBURG, PA 17108-0932 STREET ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 717-975-8114 FAX 717-975-8124 February 18, 2003 DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA 19063 610-565-8311 FAX 610-565-8318 NEW JERSEY OFFICE P.O. BOX 2222 216 HADDON AVENUE WESTMONT, NJ 08108-2886 856-858-7200 FAX 856-858-1017 SCRANTON OFFICE THE OPPENHEIM BUILDING 409 LACKAWANNA AVENUE SUITE 3C SCRANTON, PA 18503 570-342-4231 FAX 570-342-4841 SENT VIA FAX TRANSMISSION - (717)241-6878 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Re: Dyarman vs. Bohonyi, et al.~ Docket No. 02-t788-CIVIL Our File No. 57550.4-00075. Dear Karl: I enclose a copy of the Rule to Show Cause issued by Judge Hess in the above-referenced matter on February 13, 2003. CC: Should you have any questions regarding this matter, please feel free to contact me. Ve~ ~t~ly yours, , Banko, Jr. Matthew E. Hamlin, Esquire (with enclosure SLBJr./bj s Enclosure *Certified as a Civil Tdal Advocate by the National Board of Trial Advocacy A Pennsylvania Supreme Court Accredited Agency PHILADELPHIA OFFICE THE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SQUARE WEST PHILADELPHIA, PA 19106-3304 215-922-1100 FAX 215-922-1772 PI~-TSBURGH OFFICE 1500 GRANT BUILDING PI~-rSBURGH, PA 15219-2203 412-281-4256 FAX 412-642-2380 MARGOLIS EDELSTEIN ATTORNEYS AT LAW POST OFFICE BOX 932 HARRISBURG, PA 17108-0932 STREET ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 717-975-8114 FAX 717-975-6124 WRITER: STEPHEN L. BANKO, JR.* DIRECT E-MAIL: ~anko@ma~olisedelstein.com DATE: 02/18/03 TO: Karl E. Rominger, Esquire FAX NO. 241-6878 FROM: STEPHEN L. BANKO, JR., ESQUIRE 3 NO NUMBER OF PAGES INCLUDING COVER PAGE: ORIGINAL BEING SENT: YES x DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA 19063 610-565-8311 FAX 610-565-8318 NEW JERSEY OFFICE P.O. BOX 2222 216 HADDON AVENUE WESTMONT, NJ 08108-2886 609-858-7200 FAX 609-858-1017 SCRANTON OFFICE THE OPPENHEIM BUILDING 409 LACKAWANNA AVENUE SUITE 3C SCRANTON, PA 18503 570-342-4231 FAX 570-342-4841 ANY PROBLEM IN RECEIVING DOCUMENTS, PLEASE CONTACT BARBARA AT (717) 975-8114. The information contained in this facsimile message is intended only for the PERSONAL AND CONFIDENTIAL use of the designated recipients named above. This message may be an attorney-client communication, and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error, and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, plea~e notify BARBARA immediately by telephone and return the original message to us by mail. Thank you. PHILADELPHIA OFFICE THE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SQUARE WEST PHILADELPHIA, Pa 19106-3304 215-922-1100 FAX 215-922-1772 PI'FrSSURGH OFFICE 1500 GRANT BUILDING PITTSBURGH, PA 15219.-2203 412-281-4256 FAX 412-842-2380 WRITER: STEPHEN L. BANKO, JR.' DIRECT E-MAIL: sbanko@margolisedelstein.com MARGOLIS EDELSTE--IN ATTORNEYS AT LAW POST OFFICE BOX 932 HARRISBURG, PA 17108-0932 STREET ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 717-g75-8114 FAX ? 17-975-8124 February 18, 2003 DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA 19063 610-565-8311 FAX 610-565-8318 NEW JERSEY OFFICE P.O. BOX 2222 216 HADOON AVENUE WESTMONT, NJ 08108-2886 856-858-7200 FAX 856-858-1017 SCRANTON OFFICE THE OPPENHEIM BUILDING 409 LACKAWANNA AVENUE SUITE 3C SCRANTON, PA 18503 570-342-4231 FAX 570-342-4841 Curt Long, Prothonotary CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square Carlisle, PA 17013 Re: Dyarman vs. Bohonyi, et al. Docket No. 02-1788-CIVIL Our File No. 57550.4-00075_ Dear Mr. Long: Enclosed for filing please find Proof of Service indicating service of a copy of the Rule to Show Cause on counsel for Plaintiff. In accordance with the Certificate of Service, a copy of the Proof of Service is being served on all counsel of record. i y'ours, L. ~anko, Jr. / cc: Karl E. Rominger, Esquire (with enciosure) Matthew E. Ham!in, Esquire (with enclosure) SLBJr./bj s Enclosures *Certified as a Civil THai Advocate by the National Board of q'dal Advocacy A Pennsylvania Supreme Court Accredited Agency MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I.D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mail: [717] 975-8114 [717] 975-8124 mbadowski~margolisedelstein.com sbanko~argolisedelstein.com Attorney for Defendant: WILLIAM A. BOHONYI, M.D., AND CUMBERLAND VALLEY OB/GYN DEEDE DYARMAN, PLAINTIFF, VS. WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN, POLYCLINIC HEALTH HOSPITAL, DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. DOCKET NO. 02-1788-CIVIL JURY TRIAL DEMANDED PROOF OF SERVICE The undersigned hereby certifies fha'5 a true and correct copy of the Rule to Show Cause was served upon the person and in the manner indicated below: Service by First Class Mail. Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiffs) Date: M_ARGOLIS EDELSTEIN M~L ~. B~OWSKI STEPHEN L. BANKO, JR. Attorneys for Defendants, WILLIAM A. BOHO~I, M.D., C~BER.LAND V~LEY .O~/GYN CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the /~ day of ~-e~-~t~ , 2003, and addressed as follows: ~/ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) Matthew E. Hamlin, Esquire Hartman, Osborne & Rettig 126-128 Walnut Street Harrisburg, PA 1701 (Counsel for Polyclinic Health Hospital) By: MARGOLI S EDELSTEIN ,Secretary DEEDE DYARMAN, Vo Plaintiff WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN and PINNACLE HEALTH HOSPITALS d/b/a POLYCLINIC HOSPITAL, Defendants IN THE C, OURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-1788 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes Defendant, Pinnacle iHealth Hospitals d/b/a Polyclinic Hospital, by and through its attorneys, Hartman, Osborne & Rettig, P.C., and files the within Motion for Rule Absolute and support thereof avers as follows: 1. Defendant filed a Motion to Compel Production of Answers and Responses to Interrogatories, Supplemental Interrogatories and Requests fi)r Production of Documents on January 23, 2003, in the above-captioned action. 2. The Honorable Kevin A. Hess issued a Rule to. Show Cause on January 29, 2003, in response to the aforesaid Motion giving counsel for Plaintiff twenty (20) days from the date of service thereof to show what cause, if any, whether relief requested in the Motion to Compel ought not be granted. 3. More than twenty (20) days from the date of service of the Court's Order have passed and Plaintiff has failed to show cause why the relief requested in the Motion to Compel ought not be granted. 4. It is therefore submitted that Defendant is entitled to a Rule Absolute and the entry of an Order requiring Plaintiff to file full and compete answers and responses to Movant's Interrogatories, Supplemental Interrogatories and Requests for Production of Documents within twenty (20) days of said Order, or suffer sanctions imposed by this Court. WHEREFORE, Defendant, Pinnacle Health Hospitals d/b/a Polyclinic Hospital, seeks an Order from this Honorable Court in the form attached hereto, requiring Plaintiff to file complete and responsive answers to Movant's Interrogatories, Supplemental Interrogatories and Requests for Production of Documents within twenty (20) days of said Order, or suffer sanctions, including, but not limited to: (a) Precluding Plaintiff from introducing any testimony as to any subject matter addressed in the aforesaid Interrogatories, Supplemental Interrogatories and Requests for Production of Documents; (b) Awarding counsel fees incurred in filing the intstant Motion and any related procedures; and (c) Such other relief as the Court deemed just and proper under these circumstances. Dated: March 13, 2003 Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. By: tthew E."Hamlin, Esquire Supreme Court I. D. #86142 126-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 Attorneys for Defendant, Pinnacle Health Hospitals d/b/a Polyclinic Hospital CERTIFICATE OF SERVICE I, Matthew E. Hamlin, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (counsel for Dr. Bohonyi, M.D. and Cumberland Valley OB/GYN) Dated: By: HARTMAN, OSBORNE & RETTIG, P.C. atthew E.X4-tamlin, Esquire Supreme Ct. I.D. #86142 126-128: Walnut Street Harrisburg, PA 17101 (717) 232-3046 MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I.D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mail: [717] 975-8114 [717] 975-8124 mbadowski~margolisedelstein.com sbanko~margolisedelstein.com Attorney for Defendants: WILLIAM A. BOHONYI, M.D., AND CUMBERLAND VALLEY OB/GYN DEEDE DYARMAN, PLAINTIFF, VS. WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN, POLYCLINIC HEALTH HOSPITAL, DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. : : DOCKET NO. 02-1788-CIVIL : : : : : JURY TRIAL DEi~2XlDED PETITION FOR RULE ABSOLUTE This is a medical malpractice action commenced by Plaintiff by Writ of Summons on or about ~pril 10, 2002. 2. On August 9, 2002, Defendants, William A. Bohonyi, M.D. and Cumberland Valley Ob/Gyn ("Defendants"I., served upon Plaintiff written Interrogatories and Request for Production of Documents. 3. Plaintiff failed to provide Answers to the discovery requests within the time limits prescribed in the Pennsylvania Rules of Civil Procedure and accordingly, on or about February 7, 2003, Defendants filed a Motion to Compel Discovery. 4. On February 13, 2003, the Honorable Kevin A. Hess issued a Rule upon Plaintiff to show cause, if any she has, why she should not provide full and complete written Answers to Interrogatories and written Response to Request for Production of Documents as requested by Defendants. The Rule was returnable twenty (20) days from the date of service. A copy of said rule is attached hereto, incorporated herein by' reference and marked as Exhibit A. 5. A copy of the Rule to Show Cause was served upon counsel for Plaintiff by facsimile transmission on or about February 18, 2003. A copy of the letter serving the Rule by facsimile transmission and a Proof of Service is attached hereto, incorporated herein by reference and marked collectively as Exhibit B. 6. More than twenty (20) days have now elapsed since the date that the Rule to Show Cause was served upon counsel for Plaintiff and Plaintiff has not filed a response. 7. Accordingly, Defendants filed this Petition for Rule Absolute requesting that Plaintiff be required to provide full and complete written Answers to Interrogatories and a written Response to Request for Production of Documents or face appropriate sanctions upon further motion of Defendants. WHEREFORE, Defendants, William A. Bohonyi, M.D. and Cumberland Valley Ob/Gyn, pray this Honorable Court enter an Order pursuant to Pa. R.C.P. No. 4019 requiring Plaintiff to serve full and complete Answers to written Interrogatories and a written Response to Request for Production of Documents served upon her on or about August 9, 2002, or face apprQpriate sanctions upon further motion of Defendants. Date: By:.~iilLIS EDELSTEIN EP BANKO, JR. Attorneys for Defendants, WILLIAM A. BOHONYI, M.D., AND CUMBERLAND VALLEY OB/GYN CERTIFICATE OF SERVIC__E I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class on the /3 day of ./~~ , 2003, and postage prepaid, addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) Matthew E. Hamlin, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 (Counsel for Polyclinic Health Hospital) MARGOLIS EDELSTEIN By: Secretary FEB 11 2003 DEEDE DYARMAN, PLAINTIFF, VS. WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN, POLYCLINIC HEALTH HOSPITAL, DEFENDANTS. IN THE COURT OF COMMON PLEAS OF C~BERLAND COUNTY, PENNA. DOCKET NO. 02-1788-CIVIL JURY TRIAL DEMANDED ORDER AND NOW, this /3 ~ day of J~-~~ , .200~, upQn consideration of the Motion of Defendants William A. Bohonyi, M.D. and Cumberland Valley Ob/Gyn, to Compel Discovery,. a Rule is issued upon Plaintiff to show cause, if any she has, why she should not provide full and complete written answers to Interrogatories and written response to Request for Production of Documents as requested by Defendants. Rule returnable ~0 days from the date of service hereof. BY THE COURT': PHILADELPHIA OFFICE THE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SQUARE WEST PHILADELPHIA, PA 19106-3304 215-922-1100 FAX 215-922-1772 PITTSBURGH OFFICE 1500 GRANT BUILDING PITTSBURGH, PA 15219-2203 412-281-4256 FAX 412-642-2380 MARGOLIS EDELSTEIN ATTORNEYS AT LAW POST OFFICE BOX 932 HARRISBURG, PA 17108-0932 STREET ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 717-975-8114 FAX 717-975-8124 WRITER: STEPHEN L. BANKO, JR.* DIRECT E-MAIL: sbanko@margolisedelstein.com February 18., 2003 SENT VIA FAX TRANSMISSION - (717)241-687~ DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA 19063 610-565-8311 FAX 610-565-8318 NEW JERSEY OFFICE P.O. BOX 2222 216 HADDON AVENUE W ESTMONT, NJ 08108-2886 856-858-7200 FAX 856-858-1017 SCRANTON OFFICE THE OPPENHEIM BUILDING 409 LACKAWANNA AVENUE SUITE 3C SCRANTON, PA 18503 570-342-4231 FAX 570-342-4841 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Re: Dyarman vs. Bohonyi, eC al. Docket No. 02-t788-CIVIL Our File No. 57550.4-00075 Dear Karl: I enclose a copy of the Rule to Show Cause issued by Judge Hess in the above-referenced matter on February 13, 2003. Should you have any questions regardi:n9 this matter, please feel free to contact me. V e r~t~ly yours, StUpidLY. Banko, cc: Matthew E. Hamlin, Esquire (with enclosure) SLBJr./bj s Enclosure Jr. *Certified as a Civil Tdal Advocate by the National Board of Trial Advocacy A Pennsylvania Supreme Court Accredited Agency PHILADELPHIA OFFICE THE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SQUARE WEST PHILADELPHIA, PA 19106-3304 215-922-1100 FAX 215-922-1772 PITTSBURGH OFFICE 1500 GRANT BUILDING PITTSBURGH, PA 15219-2203 412-281-4256 FAX 412-642-2380 MARGOLIS EDELSTEIN ATTORNEYS AT LAW POST OFFICE BOX 932 HARRISBURG, PA 17108-0932 STREET ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 717-975-8114 FAX 717-975-8124 WRITER: STEPHEN L. BANKO, JR.* DIRECT E-MAIL: sbanko@margolisedelstein.com DATE: TO: FAX NO. FROM: NUMBER OF PAGES INCLUDING COVER PAGE: ORIGINAL BEING SENT: YES x 02/18/03 Karl E. Rominger, Esquire 241-6878 STEPHEN L. BANKO, JR., ESQUIRE 3 NO DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA 19063 610-565-8311 FAX 610~565-8318 NEW JERSEY OFFICE P.O. BOX 2222 216 HADDON AVENUE WESTMONT, NJ 08108-2886 609-858-7200 FAX 609-858-1017 SCRANTON OFFICE THE OPPENHEIM BUILDING 409 LACKAWANNA AVENUE SUITE 3C SCRANTON, PA 18503 570-342-4231 FAX 570-342-4841 ANY PROBLEM IN RECEIVING DOCUMENTS, PLEASE CONTACT BARBARA AT (717) 975-8114. The information contained in this facsimile message is intended only for the PERSONAL AND CONFIDENTIAL use of the designated recipients named above. This message may ]De an attorney-client communication, and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have rece:Lved this document in error, and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify BARBARA immediately by telephone and return the original message to us by mail. Thank you. PHILADELPHIA OFFICE THE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SQUARE WEST PHILADELPH IA, PA 19106-3304 215-922-1100 FAX 215-922-1772 PITTSBURGH OFFICE 1500 GRANT BUILOING PITTSBURGH, PA 15219-2203 412-281-4256 FAX 412-642-2380 WRITER: STEPHEN L. BANKO, JR.' DIRECT E-MAIL: sbanko@margolisedelstein.com MARGOLIS EDELSTFIN ATTORNEYS AT LAW POST OFFICE BOX 932 HARRISBURG, PA 17108-0932 STREET ADDRESS: 3510 TRINOLE ROAD CAMP HILL, PA 17011 717-975.,8114 FAX 717-975-8124 February 18, 2003 DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA 19063 610-565-8311 FAX 610-565-8318 NEW JERSEY OFFICE P,O. BOX 2222 216 HADDON AVENUE WESTMONT, NJ 08108-2886 856-858-7200 FAX 856-858-1017 SCRANTON OFFICE THE OPPENHEIM BUILDING 409 LACKAWANNA AVENUE SUITE 3C SCRANTON, PA 18503 570-342-4231 FAX 579-342-4841 Curt Long, Prothonotary CUMBERLAND COUNTY COURTHOUSE ! Courthouse Square Carlisle, PA 17013 Re: Dyarman vs. Bohonyi, et al. Docket No. 02-1788-CIVIL Our File No. 57550.4-00075_ Dear Mr. Long: Enclosed for filing please find Proof of Service indicating service of a copy of the Rule to Show Cause on counsel for Plaintiff. In accordance with the Certificate of Service, a copy of the Proof of Service is being served on all counsel of record.  yours, St~h~f L. /lanko, Jr. cc: Karl E. Rominger, Esquire (with enciosure) Matthew E. Hamlin, Esquire /with enclosure) SLBJr./bi s Enclosures *Certified as a Civil Tdal Advocate by the National Board of Tdal Advocacy A Pennsylvania Supreme Court Accredited Agency MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 STEPHEN L. BAN-KO, JR., ESQUIRE Pa. Supreme Court I.D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Cazap Hill, Pennsylvania 17011 Telephone: Fax: E-Mail: [717] 975-8114 [717] 975-8124 rmbadowski~margolisedelstein.com sbanko~margolisedelstein.com Attorney for Defendant: WILLIAM A. BOHONYI, M.D., AND CUMBERLAND VALLEY OB/GYN DEEDE DYARMAN, : IN THE COURT OF COMMON PLEAS PLAINTIFF, VS. WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN, POLYCLINIC HEALTH HOSPITAL, DEFENDANTS. OF CUMBERLAND COUNTY, PENNA. DOCKET NO. 02-1788-CIVIL JURY TRIAL DEMANDED PROOF OF SERVICE The undersigned hereby certifies that a true and correct copy of the Rule to Show Cause was served upon the person and in the manner indicated below: Service by First Class Mai] Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiffs) Date: MARGOLIS EDELSTEIN STEPHEN L. BANKO, JR. Attorneys for Defendants, WILLIA/~ A. BOHOI~YI, M.D., A_ND CUMBERLAND VALLEY.O~/GyN CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the /~ day of ~.~,~_/~_, 2003 and addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) Matthew E. Hamlin, Esquire Hartman, Osborne & Rettig 126-128 Walnut Street Harrisburg, PA 1701 (Counsel for Polyclinic Health Hospital) By: MARGOL:[ S EDELSTEIN Secretary DEEDE DYARMAN, PLAINTIFF, VS. WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN, POLYCLINIC HEALTH HOSPITAL, DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. DOCKET NO. 02-1788-CIVIL JURY TRIAL DEMANDED ORDER AND NOW, this /~' day of z~7~ , 2003, upon consideration of the Petition of Defendants, William A. Bohonyi, M.D. and Cumberland Valley Ob/Gyn, for Rule Absolute and it appearing that Plaintiff has failed to respond to the Rule issued by this Court on February 13, 2003, IT IS HEREBY ORDERED AND DECREED that Plaintiff shall full and complete Answers to written Interrogatories and a written Response to the Request for Production of Documents served upon her on August 9, 2002, within twenty (20) days of the date of~this Order, or face appropriate sanctions upon further motion of Defendants. BY THE COURT: DEEDE DYARMAN, Plaintiff, WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN and PINNACLE HEALTH HOSPITALS d/b/a POLYCLINIC HOSPITAL, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-1788 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this /0' day of March, 2003, upon consideration of Defendant, Pinnacle Health Hospitals d/b/a Polyclinic Hospital' s, Motion to Compel discovery and for sanctions under Pa.R.C.P. Rule 4019, Plaintiff, Deede Dyarman, is hereby ORDERED to file full and complete responsive Answers to Movant's Interrogatories, Supplemental Interrogatories, and Request for Production of Documents within TWENTY (20) days of the date of this Order, or suffer sanctions imposed by thi_s Co,.;~ ~ follow.q: ~ £$~,~g ~. ~ ,,,~e.M A. Preclud~m ~ntroducing any t~gtin~ ~ matter addressed in the aforesaid Interrogatories and ~ Re~Cuments; B. /A'~7~g counsel fees incurred in filing the instant Motion and C any related procedures; and C. Such other relief as the Co--just and proper under the circumstances. ~ DEEDE DYARMAN, Plaintiff VS. WILLIAM A. BOHONYI M.D., CUMBERLAND VALLEY OB/GYN, and POLYCLINIC HEALTH HOSPITAL Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW :NO: 02-1788 : JURY TRIAL DEMANDED TO THE PROTHONOTARY: Please discontinue the action against the Defendants in the above captioned case. Date: 3/20/03 Respectfully submitted, ROMINGER & BAYLEY Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I.D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mai 1: [717] 975-8114 [717] 975-8124 mbadowski~margolisedelstein.com sbanko~margolisedelstein.com Attorney for Defendant: WILLIAM A. BOHONYI, M.D., AND CUMBERLAND VALLEY OB/GYN DEEDE DYARMAN, PLAINTIFF, VS. WILLIAM A. BOHONYI, M.D., CUMBERLAND VALLEY OB/GYN, POLYCLINIC HEALTH HOSPITAL, DEFENDANTS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. DOCKET NO. 02-1788-CIVIL JURY TRIAL DEMANDED PROOF OF SERVICE The undersigned hereby certifies that a true and correct copy of the Order of the Honorable Kevin A. Hess dated March 19, 2003, was served upon the person and in the manner indicated below: Service by Facsimile Transmission and by First Class Mail: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiffs) A copy of the facsimile transmission report is attached hereto. MARGOLIS EDELSTEIN Date: STEPHEN L BANKO, JR. Attorneys for Defendants, WILLIAM A. BO~IONYI, M.D., AND CUMBERL;~ND VALLEY OB/GYN PHILADELPHIA OFFICE THE CURTIS CENTER FOURTH FLOOR iNDEPENDENCE SQUARE WEST PHILADELPHIA, PA 19106-3304 215-922-1100 FAX 215-922-1772 PITTSBURGH OFFICE 1500 GRANT BUILDING PITTSBURGH, PA 15219-2203 412-281-4256 FAX 412-642-2380 MARGOLIS EDELSTEIN ATTORNEYS AT LAW POST OFFICE BOX 932 HARRISBURG, PA 17108-0932 STREET ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 717-975-8114 FAX 717-975-8124 WRITER: STEPHEN L. BANKO, JR.* DIRECT E-MAIL: sbanko@margolisedelstein.com DATE: TO: FAX NO. FROM: 03/20/03 Karl g. Rominger, Esquire NUMBER OF PAGES INCLUDING COVER PAGE: ORIGINAL BEING SENT: YES x (717) 241-6878 ~ STEPHEN L. BANKO, JR., ESQUIRE NO DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA 19063 610-565-8311 FAX 610-565-8318 NEW JERSEY OFFICE P.O. BOX 2222 216 HADDON AVENUE WESTMONT, NJ 08108-2886 609-858-7200 FAX 609-858-1017 SCRANTON OFFICE THE OPPENHEIM BUILDING 409 LACKAWANNA AVENUE SUITE 3C SCRANTON, PA 18503 570-342-4231 FAX 570-342-4841 ANY PROBLEM IN RECEIVING DOCUMENTS, PLEASE CONTACT BARBARA AT (717)975-8114. The information contained in this facsimile message is intended only for the PERSONAL AND CONFIDENTIAL use of the designated recipients named above. This message may be an attorney-client communication, and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the'intended recipient, you are hereby notified that you have received this document in error, and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify BARBARA immediately by telephone and return the original message to us by mail. Thank you. TRAHSMISSIOH RESULT REPORT ..................... (MAR 20 '03 03:30PM) .................. ............................................................................. MRRGOLIS EDELSTEIN ................. i ........... i ................................................................................................................................................. (AUTO) ...................... FILE FILE TYPE OPTIOH TEL HO. PAGE RESULT 010 MEMORY TX 2416878-17-345 84/84 OK ERRORS 1) HAHG UP OR LIHE FAIL 2) BUSY 3) HO AHSWER 4) HO FACSIMILE COHHECTIOH pHILADELPHIA OFFICE THE CURTI~ C.,I~NTER FOURTH FLOOR IND~sPF. NOENCE SQUARE PHiLA01LI~H~,. PA 19106..3304 215.922-1100 FAX 2'1.54Y2.2-1 ??2 PITTSBURGH OFFICE 1500 GRANT BUILDING prI-I'SBURGH, PA 152tg-2203 412-2~.1.4258 FAX 412.,642-2~80 MARGOLIS EDELSTEIN ATTOrNEy'S AT LAW PO~' OFFICE BOX 9~12 HARRISBURG. PA 1710~.0932 STREET ADDRESS: 3510 TRINOLE P, OAD CAMP HILL. PA 17011 ?'17-975-~t 14 FAX 717-976-8124 WRI, TER: 8TEPI'IF.N L BANKO, JR,' DIRECT E-MAIL: abanl(ol~,tt'la~J~llsede~tein-aom DATE: 03/20/03 TO: Karl E. Rominger, Esquire FAX NO- (717)241-6878 FROM: STEPHEN L. ~KO, JR., ESQUIRE ~~ ~ DAGES INCLUDiN~ COVER ~AG~: ~ DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREEt' MEDIA, PA 19063 610-565-6311 FAX 610.~65"8316 NEW JERSEY OFFICE P.O. BOX '~22 2t6 HADDON AVENUE WI~TMONT, NJ 0810~ ~09-8r~-7200 FAX 60~-858-t017 SCRANTON OFFICE THis OPPENHEIM BUILDING 40~ LACKAWANNA AVENUE SUITE 3C SCRANTON, PA 18,503 570.342-4231 FAX S70-342-4~41 CERTIFICATE OF SERVICe[ I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the ~P day of , 2003, and addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) Matthew E. Hamlin, Esquire Hartman, Osborne & Rettig 126-128 Walnut Street Harrisburg, PA 1701 (Counsel for Polyclinic Health Hospital) MARGOLIS EDELSTEIN Secretary