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HomeMy WebLinkAbout06-3170 ORIGINAL ANGINO & ROVNER, P.e. Neil J. Rovner, Esquire Attorney ID#: 22108 4503 North Front Street Harrisburg, P A 1711 0-1708 (717) 238-6791 FAX (717) 238.5610 Attorneys for Plaintiff(s) E-mail: movneranina-ravner.com STEVEN E. SELLERS AND JO ANNE WALTMAN, Co-Executors of the Estate of GERALD ENE B. SELLERS, Deceased, Plaintiffs IN THE COURT OF C MMON PLEAS CUMBERLAND CO TY, PENNSYLVANIA CIVIL ACTION MEDICAL PROFESSI NAL LIABILITY ACTION NO. Ok - 3 1'7c C.LULC-~-Wf. v. BARRY JON ZADEH, M.D. c/o Commonwealth Cardiothoracic Surgery 250 College Avenue Lancaster, P A 17603 COMMONWEALTH CARDIOTHORACIC SURGERY 250 College Avenue Lancaster, P A 17603 BARRY J. ZADEH, M.D., P.C. 233 College Avenue Lancaster, P A 17603 Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims et forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice served, by entering a written appearance personally or by attorney and filing in writing with the Court your d fenses or objections to the claims set forth against you. You are warned that if you fail to do so the case y proceed without you and judgment may be entered against you by the Court without further notice for an money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may I se money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ON LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE 0 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A Telephone number- 717- 249-3166 326194 . IF YOU DO NOT HAVE ICE SET FORTH BELOW TO A VISa USTED HA SIDO DEMANDADO/ A EN CORTE. Si usted desea d fenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tamar acci6n dentro de I s pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y A visa radicando personalmente par media de un abogado una comparecencia escrita y radicando en la Corte par escrito sus defensas de, y obj cciones a , las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tamar a ci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo par cualquier suma d dinero reclamada en la demanda o cualquier otra reclamaci6n 0 remedio solicitado par el demandante puede ser ictado en contra suya par la Corte sin mas aviso adicional. Used puede perder dinero 0 propiedad u otros d. rechos importantes para used. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICIN PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN EDU\T~ENTE. SIUSED ESTA OFICINA PUEDE OGADO. SI USED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABO ADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENC S QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717- 249-3166 326194 ANGINO & ROVNER, P.e. Neil J. Rovner, Esquire Attorney ID#: 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717)238.5610 Attorneys for Plaintiff(s) E-mail: nrovneranina-rovner.com STEVEN E. SELLERS AND JO ANNE WALTMAN, Co-Executors of the Estate of GERALDENE B. SELLERS, Deceased, Plaintiffs v. BARRY JON ZADEH, M.D. c/o Commonwealth Cardiothoracic Surgery 250 College Avenue Lancaster, P A 17603 COMMONWEALTH CARDIOTHORACIC SURGERY 250 College Avenue Lancaster, P A 17603 BARRY J. ZADEH, M.D., P.C. 233 College Avenue Lancaster, P A 17603 Defendants IN THE COURT OF C MMON PLEAS CUMBERLAND CO TY, PENNSYLVANIA CNIL ACTION MEDICAL PROFESSI NAL LIABILITY ACTION NO. 010- 3/7< Ct'u;L/~ COMPLAINT l. Plaintiffs Steven E. Sellers and Jo Anne Waltman, are the o-Executors of the Estate of Geraldene B. Sellers, Deceased, by letters testamentary duly issu d by the Register of Wills, Dauphin County, Pennsylvania. 2. Defendant Barry Jon Zadeh, M.D. (herein after referred to as r. Zadeh), was at all relevant times a physician practicing the specialty of cardiothoracic surge in Camp Hill, Cumberland 326194 I ,. County, Pennsylvania. Plaintiffs are asserting a professional liability claim against the Defendant. A ! Certificate of Merit is filed herewith. ! i 3. At all relevant times Defendant Dr. Zadeh was an employee, afent and servant of Defendant Commonwealth Cardiothoracic Surgery, at all relevant times provjded surgical cardiac care to patients in Camp Hill, Cumberland County, Pennsylvania. Plaintifd are asserting a professional liability claim against the Defendant. A Certificate of Merit is filed henewith. 4. At all relevant times Defendant Dr. Zadeh was an employee, a ent and servant of Defendant Barry J. Zadeh, M.D., P.C., at all relevant times provided surgical c diac care to patients in Camp Hill, Cumberland County, Pennsylvania. Plaintiffs are asserting professional liability claim against the Defendant. A Certificate of Merit is filed herewith. 5. The facts and occurrences hereinafter related took place on or bout March 14,2005. 6. At that time and place, Defendant Dr. Zadeh performed an aortic valve replacement on Decedent Geraldene Sellers. 7. According to Defendant Dr. Zadeh, he found asyrnm tric septal hypertrophy by transesophageal echo cardiography performed in the operating room. 8. Defendant Dr. Zadeh then determined to perform a septal yomectomy in the operating room. 9. Following weaning from cardio-pulmonary bypass, Mrs. Selle s cardiac output was 4.4 liters per minute and the cardiac index was 2.6 liters/minutes/m2 at 10:45 a. . 10. When Mrs. Sellers arrived in the cardiovascular ICU at 11 :30 a.m. her initial cardiac output was 2.3 liters per minute and the initial cardiac index was 1.3/minutes 2 11. A half hour later, her cardiac output was 2.5 liters per min e and the cardiac index was 1.5/minutes/m2 . 12. At that time her mixed venous oxygen saturation was 78% wit arterial blood gas showing a ph of 7.2, a pC02 of 39, and a p02 of 133 on 100% oxygen and a bic bonate level of 18 mgldl. 326194 13. The difference between the values in the cardiovascular IC and those recorded in the operative room, were indicative of a systemic circulatory shock wi reduced cardiac output and cardiac index. 14. The mixed venous oxygen saturation recorded the same tim of 78% was unusually high. The combination of high mixed venous oxygen saturation in the face freduced cardiac output and cardiac index indicated the presence of a significant left to right s unt at the time Mrs. Sellers arrived in the ICU. 15. At all relevant times Defendant Dr. Zadeh was aware ofthe re ults of the aforesaid tests. 16. Defendant Dr. Zadeh attempted to support Mrs. Sellers' blood pressure which was unresponsive to fluids or dobutamine. 17. By I :00 p.m., Mrs. Sellers was noted to continue to have redu ed cardiac output and cardiac index with high mixed venous oxygen saturation. 18. This indicated the persistence of circulatory shock and signific t left to right shunt. 19. Between approximately 2:00 p.m. and 5:00 p.m., Mrs. Seller continued to have decreased blood pressure, decreased cardiac index and high mixed venous 0 ygen saturation indicative of significant left to right shunt. 20. Between 5:00 p.m. and 8:00 p.m., Mrs. Sellers' condition co tinued to be critical with the persistence of previous acidosis, low urine output, low cardiac index d output. 21. Throughout this period of time, Mrs. Sellers continued to how signs and symptoms of circulatory shock and significant left to right shunt. 22. At 1 :45 a.m. on March 15,2005, Mrs. Sellers' cardiac output and index remained low with profound metabolic acidosis. 23. Defendant Dr. Zadeh was informed of the condition of Mrs Sellers at all relevant times between 1:00 pm. on March 14,2005 and 1:45 a.m. on March 15,200 . 326194 24. A transesophageal echocardiogram perfonned on March 15, 005, con tinned the presence of post operative ventricular septal defect which had caused acute right ventricular volume and pressure overload and profound systemic circulatory shock. 25. Defendant Dr. Zadeh's progress note indicates that M . Sellers continued to be hemodynamically unstable therefore he indicated to the family that M s. Sellers would probably die despite his treatment. 26. The Sellers' Family was infonned that medical treatment ould be unavailing and Mrs. Sellers was allowed to die at approximately 2:40 p.m. on March 15,2 05. COUNT I STEVEN E. SELLERS AND JO ANNE W ALTMAN Co-Ex cutors of the Estate of GERALD ENE B. SELLERS Deceased v. BARRY JO ZADEH M.D. 27. Paragraphs 1 through 26 are incorporated herein as if set forth t length. 28. The injuries and death of Geraldene B. Sellers were a result f the negligent, careless and substandard care provided by Defendant Dr. Zadeh as follows: a. Failing properly to perfonn a septal myomectomy caus ng damage to the intraventricular membranous septum; b. Failing properly to note that he had taken too much tiss e and thereby created the intraventricular membrane septal defect; c. Causing or allowing the patient to leave the operating r om with ventricular septal defect; d. Failing to recognize and diagnose in a timely manner t e presence of the ventricular septal defect despite clear evidence of same from Mrs. ellers' vital signs as early as 11:30 a.m. on March 14,2005; e. Failing to properly diagnose Mrs. Sellers' condition des ite the continuing evidence of reduced cardiac output and index in the fac of high mixed venous oxygen saturation; f. Failing in a timely fashion to obtain a Transesophageal chocardiogram which would have indicated the presence of the defect; and g. Failing to return Mrs. Sellers to the operating room in a timely fashion to repair the defect. 326194 WHEREFORE, Plaintiffs demand judgment against Defend t in an amount in excess of Thirty-Five Thousand ($35,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II STEVEN E. SELLERS AND JO ANNE WALTMAN Co-Ex cutors of the Estate of GERALDENE B. SELLERS Deceased v. COMMONWEAL CARDIOTHORACIC SURGERY 29. Paragraphs 1 through 28 are incorporated herein as if set forth t length. 30. The injuries and death of Geraldene B. Sellers were a result of the negligent, careless and substandard care provided by Defendant Commonwealth Car iothoracic Surgery, through Defendant Dr. Zadeh as follows: a. Failing properly to perform a septal myomectomy caus ng damage to the intraventricular membranous septum; b. Failing properly to note that he had taken too much tiss e and thereby created the intraventricular membrane septal defect; c. Causing or allowing the patient to leave the operating r om with ventricular septal defect; d. Failing to recognize and diagnose in a timely manner t e presence of the ventricular septal defect despite clear evidence of same from Mrs. ellers' vital signs as early as 11:30 a.m. on March 14,2005; e. Failing to properly diagnose Mrs. Sellers' condition de pite the continuing evidence of reduced cardiac output and index in the fac of high mixed venous oxygen saturation; f. Failing in a timely fashion to obtain a Transesophageal chocardiogram which would have indicated the presence of the defect; and g. Failing to return Mrs. Sellers to the operating room in a timely fashion to repair the defect. WHEREFORE, Plaintiffs demand judgment against Defend t in an amount in excess of Thirty-Five Thousand ($35,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. 326194 COUNT III STEVEN E. SELLERS AND JO ANNE WALTMAN Co-Ex cutors ofthe Estate of GERALD ENE B. SELLERS Deceased v. BARRY J. Z DEB M.D. P.C. 31. Paragraphs I through 30 are incorporated herein as if set forth t length. 32. The injuries and death of Geraldene B. Sellers were a result of the negligent, careless and substandard care provided by Defendant Barry J. Zadeh, M.D., P.C., through Defendant Dr. Zadeh as follows: a. Failing properly to perform a septal myomectomy caus ng damage to the intraventricular membranous septum; b. Failing properly to note that he had taken too much tiss e and thereby created the intraventricular membrane septal defect; c. Causing or allowing the patient to leave the operating r om with ventricular septal defect; d. Failing to recognize and diagnose in a timely manner t e presence of the ventricular septal defect despite clear evidence of same from Mrs. ellers' vital signs as early as 11 :30 a.m. on March 14,2005; e. Failing to properly diagnose Mrs. Sellers' condition de pite the continuing evidence of reduced cardiac output and index in the fac of high mixed venous oxygen saturation; f. Failing in a timely fashion to obtain a Transesophageal echocardiogram which would have indicated the presence of the defect; and g. Failing to return Mrs. Sellers to the operating room in timely fashion to repair the defect. WHEREFORE, Plaintiffs demand judgment against Defend t in an amount in excess of Thirty-Five Thousand ($35,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. 326194 I' CLAIM I - SURVIVAL ACTION STEVEN E. SELLERS AND JO ANNE WALTMAN Co-EHcutors of the Estate of GERALD ENE B. SELLERS Deceased v. BARRY JO 'I ZADEH. M.D.. COMMONWEALTH CARDIOTHORACIC SURGERY and BARRY J. ZADEH M.D. P.c. 33. Paragraphs I through 32 are incorporated herein by reference. 34. Plaintiffs Steven E. Sellers and Jo Anne Waltman, brings this a tion on behalf ofthe Estate of Geraldene B. Sellers, under and by virtue of the Act of 1976, July 9, I.L. 586, No. 42, 92, Pa.C.S.A. 98302. 35. Defendants are liable to the Estate of Geraldene B. Sellers, for d mages as set forth herein. 36. Plaintiffs Steven E. Sellers and Jo Anne Waltman, Co-Executo of the Estate of Geraldene B. Sellers, claims on behalf of said Estate the damages suffered by the sai Estate by reason of the death of the decedent, for the pain and suffering the decedent underwent prio to death, loss of earnings and earning power for decedent's life expectancy, minus costs and persona maintenance and for all other damages sustained by the said Estate by reason of the death of the deced nl. WHEREFORE, Plaintiffs demand judgment against Defendar ts in an amount in excess of Thirty-Five ($35,000) thousand dollars exclusive of interest and osts, and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM II - WRONGFUL DEATH STEVEN E. SELLERS AND JO ANNE WALTMAN Co-Ex cutors of the Estate of GERALD ENE B. SELLERS Deceased v. BARRY JO 1/ ZADEH M.D. COMMONWEALTH CARDIOTHORACIC SURGERY AND ARRY J. ZADEH M.D. P.c. 37. Paragraphs I through 36 are incorporated herein by reference. 38. Plaintiffs Steven E. Sellers and Jo Anne Waltman, Co-Executor of the Estate of GeraJdene B. Sellers, bring this action for the wrongful death of Mrs. Sellers, on b half of all persons entitled to recover, therefore, under and by virtue of the Act of 1976, July 9, P.L. 89, No. 14292,42 Pa.C.S.A. 9830I(b). 326194 ----r 39. Decedent Geraldene B. Sellers, did not bring an action for these guries during her lifetime. 40. The following are the names of all persons entitled by law to recover damages for such wrongful death and their relationship to the decedent: Name Relationship Address Jo Anne Waltman Daughter Harrisburg, P A Steven E. Sellers Son Harrisburg, P A Robert E. Sellers Son Harrisburg, P A Susan K. Downs Daughter Harrisburg, P A Timothy J. Sellers Son Harrisburg, P A 41. As a result 0 f the aforementioned events, the individual identified above, sustained considerable emotional trauma as well as pain and suffering, and claim i made therefor. 42. As a result of the death of the decedent, the individuals ide tified above, have suffered a pecuniary loss and have been, and in the future will be deprived of e decedent's companionship, contribution, support, comfort, services and so on, for all of which dama es are claimed. 43. As a direct and proximate result of the death of Geraldene B. S llers, Steven E. Sellers and Jo Anne Waltman, have incurred funeral, burial, and related expenses, a well as expenses for the Co- Executors of the decedent's estate, for all of which claim is made. WHEREFORE, Plaintiffs demand judgment against Defend s, in an amount in excess of Thirty-Five Thousand ($35,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Date: 1.9/1/010 /f' /'/ (/ t Neil J. Rovner LD. No. 221 4503 N. Fro tr et Harrisburg, PAl 110 (717) 238-6791 Counsel for Plain iff( s) 326194 ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney lD#: 22108 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: movneranino-ravner.com STEVEN E. SELLERS AND JO ANNE WALTMAN, Co-Executors of the Estate of GERALD ENE B. SELLERS, Deceased, Plaintiffs v. BARRY JON ZADEH, M.D. c/o Commonwealth Cardiothoracic Surgery 250 College Avenue Lancaster, P A 17603 COMMONWEALTH CARDIOTHORACIC SURGERY 250 College Avenue Lancaster, P A 17603 BARRY J. ZADEH, M.D., P.C. 233 College Avenue Lancaster, P A 17603 Defendants JURY TRIAL DEMA IN THE COURT OF C MMON PLEAS CUMBERLAND CO TY, PENNSYLVANIA CNIL ACTION MEDICAL PROFESSI NAL LIABILITY ACTION NO. Certificate of Merit as to Barry Jon Zadeh, M.D. I, Neil J. Rovner, certify that: ~) an appropriate licensed professional has supplied a 'tten statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work t at is the subject of the complaint, fell outside acceptable professional standards and t at such conduct was a cause in bringing about the harm; AND/OR ( _) the claim that this defendant deviated from an accept Ie professional standard is based solely on allegations that other licensed professionals fo whom this defendant is responsible deviated from an acceptable professional standard d an appropriate licensed professional has supplied a written statement to the undersigne that there is a basis to conclude that the care, skill or knowledge exercised or exhibit d by the other licensed professionals in the treatment, practice or work that is the subj ct of the complaint, fell outside acceptable professional standards and that such conduc was a cause in bringing about the harm; OR ( _) expert testimony of an appropriate licensed professi prosecution of the claim against this defendant. Date: wIllOw 326194 Neil y for ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney lD#: 22108 4503 North Front Street Harrisburg, P A 1711 0-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovneranino-ravner.com STEVEN E. SELLERS AND JO ANNE WALTMAN, Co-Executors of the Estate of GERALD ENE B. SELLERS, Deceased, Plaintiffs v. IN THE COURT OF C MMON PLEAS CUMBERLAND CO TY, PENNSYLVANIA CNIL ACTION MEDICAL PROFESSI NAL LIABILITY ACTION NO. BARRY JON ZADEH, M.D. c/o Commonwealth Cardiothoracic Surgery 250 College Avenue Lancaster, P A 17603 COMMONWEALTH CARDIOTHORACIC SURGERY 250 College Avenue Lancaster, P A 17603 BARRY J. ZADEH, M.D., P.C. 233 College Avenue Lancaster, P A 17603 Defendants Certificate of Merit as to Commonwealth Cardioth racie Surgery JURY TRIAL DEMAN ED I, Neil J. Rovner, certify that: ( v.. ) an appropriate licensed professional has supplied a . tten statement to the ~gned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work t at is the subject of the complaint, fell outside acceptable professional standards and t at such conduct was a cause in bringing about the harm; AND/OR ( ~ the claim that this defendant deviated from an accept Ie professional standard is based solely on allegations that other licensed professionals fo whom this defendant is responsible deviated from an acceptable professional standard d an appropriate licensed professional has supplied a written statement to the undersigne that there is a basis to conclude that the care, skill or knowledge exercised or exhibit d by the other licensed professionals in the treatment, practice or work that is the subj ct of the complaint, fell outside acceptable professional standards and that such conduc was a cause in bringing about the harm; OR ( _) expert testimony of an appropriate licensed professio al is unnecessary for prosecution of the claim against this defendant. Date: wi II0Co 326194 11 ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney lD#: 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 , FAX (717) 238-5610 I Attorneys for Plaintiff( s) E-mail: nrovneranino-rovner.com STEVEN E. SELLERS AND JO ANNE WALTMAN, Co-Executors of the Estate of GERALD ENE B. SELLERS, Deceased, Plaintiffs v. BARRY JON ZADEH, M.D. c/o Commonwealth Cardiothoracic Surgery 250 College Avenue Lancaster, P A 17603 COMMONWEALTH CARDIOTHORACIC SURGERY 250 College Avenue Lancaster, P A 17603 BARRY J. ZADEH, M.D., P.C. 233 College Avenue Lancaster, P A 17603 Defendants IN THE COURT OF C MMON PLEAS CUMBERLAND CO TY, PENNSYLVANIA CNIL ACTION MEDICAL PROFESSI NAL LIABILITY ACTION NO. JURY TRIAL DEMAN ED Certificate of Merit as to Barry J. Zadeh, M. ., P.C. I, Neil J. Rovner, certify that: ( . W.) an appropriate licensed professional has supplied a . tten statement to the ~gned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work t at is the subject of the complaint, fell outside acceptable professional standards and t at such conduct was a cause in bringing about the harm; AND/OR ( \fJ) the claim that this defendant deviated from an accept Ie professional standard is b~olely on allegations that other licensed professionals fo whom this defendant is responsible deviated from an acceptable professional standard d an appropriate licensed professional has supplied a written statement to the undersigne that there is a basis to conclude that the care, skill or knowledge exercised or exhibit d by the other licensed professionals in the treatment, practice or work that is the subj ct of the complaint, fell outside acceptable professional standards and that such conduc was a cause in bringing about the harm; OR ( _) expert testimony of an appropriate licensed professio al is unnecessary for prosecution ofthe claim against this defendant. 7 ./-//' / / Date: (p I !/O(o ~/ /{ Neil J. Rovn 326194 VERIFICATION I, Steven E. Sellers, Plaintiff, have read the foregoing Complaint d do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my owledge, information and belief I understand that this Verification is made subject to the penalties of 18 P .C.S.A. Section 4904, relating to unsworn falsification to authorities. ~)rh~w Witness . Dated: 'Sf?! lOG> Steven E. Sellers Date: .tl 1-1.4 Y 2006 326194 VERIFICATION I, Jo Anne Waltman, Plaintiff, have read the foregoing Complain and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of y knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. U~jJ~aV Witness Dated: S/:21/6G Date: ~ / ;;Z / 326194 p ~ ~ ~ lrt ~ 6"' U1 "'" () ~ ~J - iJ.J F- D -k n <" q "-~ (:...... .~:~ \ (--:: ;:i-:: \ ('., (;) 4? <;?, .-\ :):-r1 \,1(;:: ::'2\:1 (:,S r~.' <~'C:::I'\ (~::C) :':'_)'.-0 .-" "~ <<n ::<: <.d (_J - ANGINO & ROVNER, P.c. Neil J. Rovner, Esquire Attorney ID#: 22108 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovner(a:)angino-rovner.com STEVEN E. SELLERS AND JO ANNE WALTMAN, Co-Executors of the Estate of GERALD ENE B. SELLERS, Deceased, Plaintiffs v. BARRY JON ZADEH, M.D.; COMMONWEALTH CARDIOTHORACIC SURGERY; and BARRY J. ZADEH, M.D., P.e. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CNIL ACTION MEDICAL PROFESSIONAL LIABILITY ACTION NO.06-3170 - Civil Term JURY TRIAL DEMANDED PRAECIPE FOR REINSTATEMENT TO: PROTHONOTARY Please reinstate the Complaint against the named Barry Jon Zadeh, M.D., Commonwealth Cardiothoracic Surgery; and Barry J. Zadeh, M.D., P.e. Date: !i12-'7IOU 329722 Respectfully submitted, ANGINO & R h' ;/ , I t-- \2) "', r::::_) -- c-..... (-"- c:.: N -..; -c f'~ ..... -- :< " -, ANGINO & ROVNER, P.c. Neil J. Rovner, Esquire Attorney ID#: 22108 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovner@ane:ino-rovner.com STEVEN E. SELLERS AND JO ANNE WALTMAN, Co-Executors of the Estate of GERALD ENE B. SELLERS, Deceased, Plaintiffs v. BARRY JON ZADEH, M.D.; COMMONWEALTH CARDIOTHORACIC SURGERY; and BARRY 1. ZADEH, M.D., P.C. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLV ANIA CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY ACTION NO.06-3170 - Civil Term WRY TRIAL DEMANDED AFFIDAVIT OF SERVICE This is to certifY that on the 28th ofJune, 2006, a true and correct copy of the Complaint to Civil Action No. 06-3170-Civil Term was mailed to Bany J. Zadeh, M.D., c/o Commonwealth Cardiothoracic Surgery. via return receipt requested at, 3 Woodward Drive, Norwalk, OH 44857. A copy of the certdied mail rccc'l'1 70050390000134374231 is attached hereto. ~aJl1nO--€J Megan M II ACCEPTANCE OF SERVICE This is to certifY that on the 7th day of July, 2006, a true and correct copy of the above-noted Complaint was served upon the Defendant Bany J. Zadeh, M.D., c/o Commonwealth Cardiothoracic Surgery, via certified mail, return receipt requested at the above-noted address. A copy of the signed receipt No: 7005 0390 000 I 34374231 is attached hereto. Sworn to and subscribed before rne this day of SPL aftN HEl'P.IlO1~COUII1Y 331173 ~In~ Megan 011 <". . Ol.. ~11111IInW 1. 2..,.s 3.'" ""',"*"'" .... 4 . FLAu..d OIIIWIY" deIInId. . MlIy<N1_.,.s ~onthe- _ tlIIl we CII'I .......Ihe conl to you. . ~ \hie conl to the bloCk oIlhe .. ..upl.ce. . an 1he!lCnl I"" pennIlS. 1. ,...-...s to: &x'\L\J .2.g;f.u, m 0 elf) .fr,n\mon~ 3 u.xxxlwcutl DrilJe ~~I O~ U4<6tjt- ~ a. _Typo .,o..lItIed MllII C I!lqlMO Moll C ~j od .eI "*""__lcrM....:I-- C InIUNd MllII C C.O 4. _I'.... tlIlI\IOIY'I (&111I C .. I ,....... 3811, ,....., Il104 .. ... ~~ 7005 0390 0001 3437 4231 . M tI4D ----- ..... rrr I\J :r . ., . OFFICIAL l'- rrr :r rrr Poetago $ USE ~Izx/Uo p- Hero Cerllftecl Fee ..... c C Return Receipt Fee C _......nt Required) C Ae8tr1cted Delivery Fee r (End0r88ment Required) rrr c Total Postage & Fees $ Ul . ~ ~i!.~~-~~-~~J.~.. o ~-::~ ~"':', i - '2)1- 1'" " ,-j -.n :::! l..0 i',) ", . ANGINO & ROVNER, P.c. Neil J. Rovner, Esquire Attorney ID#: 22108 4503 North Front Street Harrisburg, PA 17] 10-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovner{@ane:ino-rovner.com STEVEN E. SELLERS AND JO ANNE W ALTMAN, Co-Executors of the Estate of GERALD ENE B. SELLERS, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Plaintiffs CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY ACTION NO.06-3170 - Civil Term v. JURY TRIAL DEMANDED BARRY JON ZADEH, M.D.; COMMONWEALTH CARDIOTHORACIC SURGERY; and BARRY J. ZADEH, M.D., P.c. Defendants AFFIDAVIT OF SERVICE TIlls is to certify that on the 28th of June, 2006, a true and correct copy of the Complaint to C,v11 ActlOn No. 06-3170-Civil Term was mailed to Barry 1. Zadeh, M.D., P.c. by certified mail, return receipt requested at . 3 Woodward Drive, Norwalk, OH 44857. A copy of the certified mail receipt 700503900001 3437 424R is attached hereto. ~{()o--tP ACCEPTANCE OF SERVICE This is to certify that on the 7th day of July, 2006, a true and correct copy of the above-noted Complalllt was served upon the Defendant Barry J. Zadeh, M.D., P.e., via certified mail., return receipt requested at the above-noted address. A copy of the signed receipt No: 7005 0390 000] 343 4248 is attached hereto. () Megan 011 Sworn to and subscribe~ before rne this' ,....- day of 2006. Notary Public L,Eilrr= 1 331171 . . . . ow~. ....1.2,end:LAIIo....,...... . _ 411 R.A1 ~ DIMlY II dIIhd. . ..-yru_ end.... 011 the - ..1llIl we ClIII.....the 08Id II> you. . MKh 1111I 08Id II> the *" 01 the maIlplece, .on the fronlllll*'" permIlIl. 1. ___Add. .c'to: 0,.,. o C.~"'-' !/Co 7-7-0(,. D." __!Illm1iom1? OYel II YES, _dlllwry__ 0 No ~1V\ J.'2o.d1h.mD QlffV\j'.2altth)YlO,PC. ~ U\1SodLUlW Dr il!e NOW"Ol.l.(. ~tl- l.JLl8'5~ 3._'1'11>8 If CdIod MIll 0 I!JcpI.- MIll O"-'..I'.od .___ibr"'v........ o InMnd.MIII 0 C. D. ... II 11 . .~"...,. OYel ,.. ....., .- 7005 0390 0001 3437 4246 Nl'oIm 3811, ~ 2Oll4 ---1IooIIpt _hf... <C ;s I\J ;s US Postal Selvlce CERTIFIED MAIL RECEIP r (DomestIc Mall Only, No Insurance Coverage ProvIded) . ".-. OFFICIAL . . r- fT1 ;S fT1 "-0 $ M Celllflod... C C Retum Recefpt Fee C _'Requlted) c~=~ II'" fT1 C 1btaIPo_&Feoo $ USE tp j28;:J1o Po","ork Ho.. U'I . ~ lIiiiit~r-lj.J.-2.CtdLb~.m.t.Q"I-e.L.___...... or PO Sox No. C,ij.;.......;z,;;;;;.............................................-....................... o r ~ c_ C) j"j :.:-:1 r-'.- ~. : j -r": w " ". I ~I,_.. ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney lD#: 22108 4503 North Front Street Harrisburg, P A 1711 0-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for P1aintiff(s) E-mail: nrovner@angino-rovner.com STEVEN E. SELLERS AND JO ANNE WALTMAN, Co-Executors of the Estate of GERALDENE B. SELLERS, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Plaintiffs CIVIL ACTION MEDICAL PROFESSIONAL LIABIUTY ACTION NO.06-3l70 - Civil Term v. WRY TRIAL DEMANDED BARRY JON ZADEH, M.D.; COMMONWEALTH CARDIOTHORACIC SURGERY; and BARRY J. ZADEH, M.D., P.c. Defendants AFFIDAVIT OF SERVICE This is to certify that on the 2Sth of June, 2006, a Due and correct copy of the Complaint to Civil Action No. 06-3170-Civil Tenn was mailed to Barry J. Zadeh, M.D., via return receipt requested at, 3 Woodward Drive, Norwalk, OH 44857. A copy of the certified mail receipt 7005 0390 0001 3437 4224 IS attached hereto. ~YJmm Megan oil ACCEPTANCE OF SERVICE This is to certify that on the 7'h day of July, 2006, a true and conect copy of the above-nowd Complaint was served upon the Defendant Barry J. Zadeh, M.D., via certified mail, return receipt requested at the above-noted address. A copy of the signed receipt No: 7005 0390 00 37 IS attached hereto. n Sworn to and subscribed before me this ~ day of 331177 i ' , . II .' ...,.1,..,......_.+1_1 .... 4 IIWIwIcIId 0IlMIy .. dIIInld. . ....your IlIIIl8 end 8dcIr.- on \he - , _lI1III we....J'IIum tblCMllD you. . -.ch lhII CMllD \he '** of \he Inol1pIece, fit an \he IIont I",*", permIIll. 1. ,....Addl 11 ;'10: bu~ l\2Q(iD..h, rn D :, ~WOJJ:\ Dfi\}{ ND{~ 0 l+ U 46b'J- 3. 8InIlco 1'tPO .~lIOII C CR....Ild lI! C__ 0-, .D. 4. R..<L II:b.d IlIIoory'/ jEIdN I'lIl!I - ~Ior""" . c-. z. ~ 70DS 03'10 .. I'aIm 3811, F'eIInaIy 2lI04 0001 3"137 "122"1 --.. AoooIpt ..'" U S Postill Ser'!I( P CERTIFIED MAIL REcLiPl (DomestIc Mall Only, No Insurance Coverage ProvIded) ::r I\J I\J ::r . .' ?"- m ::r m r'l c C Return Receipt Fee C (Endorsement ReqUired) Restricted Delivery Fee C (Endorsement RequIred) IJ'" m C _e $ USE (Q /l8/(jp - He.. OFFiCIAL Certlflac:l Fee Total Postage & Fees $ ~ ~~~J.2a.g,p,.b.(-rnJl.---..------..---........------ r- <<PO_No. Ci)i.M.Z,Pi.---------..................---..---.....................---.......... .,- , 0 t"-" C) c;.;, ~;; c.::::l -n '--....'... :"~_. c. --j ~'TM i:::'~- Ai \...:C' ry ~-j ~ ....~. f"..,) SHERIFF1S RETURN - OUT OF COUNTY CASE NO: 2006-03170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SELLERS STEVEN E ET AL VS ZADEH BARRY JON MD 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: ZADEH BARRY JON M D but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE 28th , 2006 , this office was in receipt of the On June attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge Dep Lancaster Co Postage 18.00 9.00 10.00 101.96 3.18 142.14 '''/(7 06/28/2006 ~ ANGINO & ROVNER ~~ R. Thomas Kline Sheriff of Cumberland County 7/11/V{' Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SELLERS STEVEN E ET AL VS ZADEH BARRY JON MD 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: COMMONWEALTH CARDIOTHORACIC SURGERY but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 28th , 2006 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 06/28~~O~~ V(~ ANGINO & ROVNER s~, w""e, r, s':,"', :"...,',..,.;:;.::::>,',',,__--;7...-;::.::> ,,' /~ ":.:/: .....- -;::.;~::~~:~-,./ Sheriff of Cumberland County 7/11/0! Sworn and subscribe to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SELLERS STEVEN E ET AL VS ZADEH BARRY JON MD 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: ZADEH BARRY J MD PC but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 28th , 2006 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 j ~ 1'lf,Ul, 06/28/2006 ANGINO & ROVNER S 0 a, nswer~ _~~_/.;? ...----._._._,.-~ .,~.~,._'"'~-_.. ..,.-..... ~c~~~~ _:--- R.c~ Thomas Kl ine ' Sheriff of Cumberland County Sworn and subscribe to before me this day of A.D. ~ ~ 2M.a t OF 3 SHERIFF'S OFFICE 3: H (j) () () 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 · (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1 PLAINTIFF ISI Steven E. Sellers et al 3 DEFENDANTISI 06-3170 civil 4 TYPE OF WRIT OR COMPLAINT :E: tl3 t" 8 Barry Jon Zadeh MD et al Notice and C laint SERVE {5 NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC. TO BE SERVED IIIIIIIIIll.. Barry Jon Zadeh MD c/o C011l1Onwealth Cardiothoracic Surgery ..".. 6 ADDRESS (Street or RFD. Apartment No. City. Boro. Twp. State and ZIP Code) AT 250 College Avenue Lancaster, PA 17603 7, INDICATE UNUSUAL SERVICE: 0 DEPUTIZE 0 OTHER ~l)Prl ~nn Now, June ~ 20 Ob , I, SHERIFF OF _.. ._..ow .r~ COUN~, P~., do her IY 9wutize the Sheriff of Lancaster County to execute thIS wrlt.""",,~furn thereof . 9 to law. This deputation being made at the request and risk of the plaintiff. ,- r~ . SHERI~ Ii! cou a. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: l.umber.Land Please mail return of service to Ctmberland County Sheriff. Thank you. 13 I aCknowledge receipt of the writ l or c.omplaint as indicated above r NAME of Authorized LCSO Deputy or Clerk JACKIE MICCICHE 717-390-2309 16 I hereby CERTIFY and RETURN that I 0 have personally served, 0 have legal evidence of service as shown In "Remarks". 0 have executed as shown In "Remarks". the writ or complaint described on the individual. company. corporation. etc. at the address shown above oron the individual. company. cor- po ation. etc. at the address Inserted below by handing a TRUE and ,ATTESTED COPY thereof 17 hereby certIfy and return a NOT FOUND because I am unable to locate the individual. company. corporation. etc. named above (See remarks below) 18 ame and title of individual served (if not shown above) (Relationship to Defendant) 19 CNoService See RemarIcs Below (No. 30) 20 Address 01 where served (complete only if different than shown above) (St;eet orRFD. Apartment No. City. 80ro. Twp State and Zip Code) 21 Date of ServIce 22 Time AM PM EST EOST 23 ATTEMPTS Mil.. D.p.lnt. .- STA. 27 MileagelPostage/N,F -0 ~ SLW ~A~~L ~ ~~ ~j ~~~ GN-r ~~.. ~ djF:ce ~ ~() h~~~~ ~ 24 Advance Costs 31 AFFIRMED arjds~b,SC:;~~'\o;~e'fd~;~~thi~'.'~M' -. "' -.- ,',." '.,; .<:, ~ ',1. f'\:;~ ',":._ :' \' - - , ; ",'.2;i~" 34 day 01 ~~p S~:rWle of . --,-~.-._._- ~ - ---- - -,,:. A;'.",,\.,\ ......1\..-.' q S :01 'V E Z Nnr ~GOI VJ ')"lNnO:; mnnU38H11'J . ....---..- -... ..- --". . ,.''- 113440 [, 7/ ,/ I__} t #. OF 3 SHERIFF'S OFFICE 3: H (f) () 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 · (717) 299-8200 4 TYPE OF WRIT OR COMPLAINT Notice and Complaint ~ CI:l :Po t'" t-3 ::I: SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1 PLAINTIFF /S/ steven Sellers et al 3 DEFENDANT /s/ Barry Jon Zadeh MD et al SERVE {5 NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC. TO BE SERVED . Crnmonwealth Cardiothoracic Surgery ..".. 6 ADDRESS (Street or RFD. Apartment No. City. Boro. Twp. State and ZIP Code) AT 250 College Avenue Lancaster, PA 17603 7 INDICATE UNUSUAL SERVICE: 0 DEPUTIZE 0 OTHER CumOOrland Now, June 520 06 , I, SHERIFF OF ~..l_.._ J LR COUNTY. PA~~" ~~DePU, tize the Sh Lancaster County to execute this Wrj . E ~J.Ip'Jl: ~~eof to law. This deputation being made at the request and risk of the plaintiff. ' e..- """"", SHERIFF OF . cou y 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching a,'y property under within writ may leave same without a watchman. in custody 01 whomever is lound in possession. alter notilYlng person 01 levy or attachment. WIthout liabIlity on th, ,part 01 such deputy or the sheriff to any plaintiff herein lor any loss. destructIon or removal 01 any such property belore sheriff's sale thereof 9.,SIGNATURE 01 ATTORNEY or other ORIGINATOR 10 TELEPHONE NUMBER 11 DATE tE:IL J. ROVN ER, ESQ 717-238-6791 6/2/06 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This arn must be completed if notice is to be mailed) LAvJ OFFICES OF ANGINO AND ROVNER 4503 NORTH FRONT ST. HARRISBURG, FA. 17110 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 14 15 13 I acknowledge receipt olthe writl or complaint as indicated above r NAME of Authorized LCSO Deputy or Clerk JACKIE MICCICHE 717-390-2309 16 I hereby CERTIFY and RETURN that I 0 have personally served, 0 have legal evidence 01 service as shown In "Remarks". 0 have executed as shown In "Remarks". the Writ or complaint described on the individual. company. corporation. etc,. at the address shown above oron the Individual. company. cor- poration. etc. at the address Inserted below by handing a TRUE and.ATTESTED COPY thereof 17 I hereby certify and return a NOT FOUND because I am unable to locate the individual. company. corporation. etc. named above (See remarks below) 18 ame and title of individual served (if not shown above) (Relationship to Defendant) 19 0 No Service See Remarks Below (No. 30) 20 Address of where served (complete only if dillerent than shown above) (St;eet orRFD.Apartment No. City. Bora. Twp State and Zip Code) 21 Date of ServIce 22 Time AM PM EST EDST 24 Advance Costs C. Dep. Int. ~ 25 Dep.lnt. 23 ATTEMPTS S.T.A.: ;;:''I-:;.~'":~ >~':;1~V i::ubiic · '~tY:Jr 31 AFFIRMED and s'iJPlitfjQ~;Q befQre:me thi$'---:~~ ~fY) ~ 'u A"u nf ~==:,.".."".'-"~;.."'''''' '-;' ~~ 5~p S~::,~t. 01 q S rOI 'V E Z Nor qaOl V1A~~O~~~Volj~' " r ,-------~ ~tJ 113440 , ,(I Sfttf' ,1'1" (. tEd 6f.,J/-q II _ fl<~l e . 'r, ,)t->",j ~ r 3 OF 3 SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 . (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 2 COURT NUMBER 1 PLAINTIFFISI Steven E. Sellers et al 06-3170 civil 4 TYPE OF WRIT OR COMPLAINT Notice and Complaint 3 DEFENDANTISI Jon Zadeh MD SERVE {5 NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC. TO BE SERVED IIIIIIIIIll... Barry J. Zadeh MD Fe ..".. 6 ADDRESS (Street or RFO. Apartment No. City, Bore. Twp. State and ZIP Code) AT 233 College Avenue Lancaster, PA 17603 7, INDICATE UNUSUAL SERVICE: D DEPUTIZE D OTHER land Now, . June ~o ~ , I, SHERIFF OF IJI' _~__ COUNTY, PA., do hereby de Lancaster County to execute this Writ a to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITrNG SERVICE: Cunberland Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or al1aching a"y property under within writ may leave same without a watchman, in custody of whomever IS found in possession. after notifying person of levy or allachment. withoutliablhty on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction or removal of any such property before sherilf's sale thereof 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10 TELEPHONE NUMBER 11 DATE 717-238-6791 6/2/06 Y TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) LAW OFFICES OF ANGINO & ROVNER 4503 NORTH FRONT ST. HARRISBURG, PA. 17110 SMce 81u)wfOR USBOP-8Hl1IIPF0N'-'Y- 00 NOT WRITE BELOW THIS UN! NAME 01 Authorized LCSO Deputy or Clerk 14 Date Received 15 13 I acknowledge receIpt of the writ I or c.omplaintas indicated above r JACKIE MICCICHE 717-390-2309 6/7/06 16 I hereby CERTIFY and RETURN that I D have personally served, D have legal evidence of service as shown In "Remarks". D have executed as shown In "Remarks". the writ or complaint described on the individual. company. corporation. etc. at the address shown above or on the Individual. company. cor- poration. etc.. at the address Inserted below by handing a TRUE and .ATTESTED COPY thereof. 17 18 hereby certify and return a NOT FOUND because I am unable to locate the individual. company. corporation. etc. named above (See remarks below) me and title of individual served (if not shown above) (Relationship to Defendant) 19 DNo Service See Remarlcs Below (No. 30) 21 Date of ServIce 22 Time 20 Address of where served (complete only if different than shown above) (Street or RFD. Apartment No . City. Boro. Twp Stale and Zip Code) AM PM EST EDST 23 ATTEMPTS Mile. ~ Dep. Int. 24. Advance Costs S.TA.. Mileage/Postage/N, F. "i ~ r;:?\ ~ ~ ~ ~7~ ~p~~~S;-~6V~ ~ Af,t:? /fki7 ~i:e ~ /I/O M-.:;../~'\4< 31 '~~:;j"''--<lo''';lIo4tA~....''''':IU.,k ...t. ",' -;o.l'- .J f~~,~-;::.;;?:.:':,::_ _._.."~, <~ .... -i-oi-t ~...t. 34 day of ,'1'i ~itln.lllltllrlli nf ~h.rlff 'Ui. n20t.,. 5~pS~:rWfre of --, '" STEVEN E. SELLERS AND JO ANNE WALTMAN, Co-Executors ofthe Estate of GERALD ENE B. SELLERS, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY ACTION v. NO. 06-3170 - Civil Term BARRY JON ZADEH, M.D.; COMMONWEALTH CARDIOTHORACIC JURY TRIAL DEMANDED SURGERY; and BARRY J. ZADEH, M.D., P.C. Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Stevens & Lee on behalf of Defendants Barry Jon Zadeh and Commonwealth Cardiothoracic Surgery in the above action. Serve all papers at 25 North Queen Street, Suite 602, P.O. Box 1594, Lancaster, Pennsylvania 17608-1594. Notice by copy hereof is given to plaintiffs counsel of record. Dated: ~"J- )" ( e c;. STE~ or By James W. Saxton, Es ire Attorney J.D. No. 36815 Michael D. Pipa Attorney J.D. No. 53624 P.O. Box 1594 25 N. Queen Street, Suite 602 Lancaster, Pennsylvania 17608-1594 (717) 291-1031 Attorneys for Defendants SLl 674812vt/041199.00140 .3 , - CERTIFICATE OF SERVICE I, MICHAEL D. PIP A, ESQUIRE, certify that on this date, I served a certified true and correct copy ofthe foregoing Entry of Appearance upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Neil J. Rovner, Esquire Angino & Rovner, P.e. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs Date: OJ. ;;. ~, 2006 SL1674812v1/041199.00140 o ~ r-:> c.-'":> = er- o C'. .--. N 0"' o 11 -4 :r:-n rn-- l=D ~(1.; ."w! ::,~;: <- -0 ::r; (:;~~ ~:?\ ''l~ ~\~"\ :::< (j1 STEVEN E. SELLERS AND JO ANNE WALTMAN, Co-Executors of the Estate of GERALD ENE B. SELLERS, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY ACTION v. NO. 06-3170 - Civil Term BARRY JON ZADEH, M.D.; COMMONWEALTH CARDIOTHORACIC JURY TRIAL DEMANDED SURGERY; and BARRY J. ZADEH, M.D., P.c. Defendants NOTICE TO PLEAD TO: STEVEN E. SELLERS and JOANNE WALTMAN, Co-Executors of the Estate of GERALD ENE B. SELLERS, Deceased You are hereby notified to file a written response to the enclosed new matter within twenty (20) days from service hereof or a judgment may be entered against you. STEVENS & LEE Date: ,-) (1 nJ '~ , 2007 ~ By . Michael D. Pipa Attorney LD. No. 53624 25 North Queen Street P.O. Box 1594 Lancaster, Pennsylvania 17608-1594 (717) 291-1031 Attorneys for Defendants Barry Jon Zadeh, MD. and Commonwealth Cardiothoracic Surgery SLl 67994Ivl/041199.00140 STEVEN E. SELLERS AND JO ANNE WALTMAN, Co-Executors of the Estate of GERALD ENE B. SELLERS, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY ACTION v. NO. 06-3170 - Civil Tenn BARRY JON ZADEH, M.D,; COMMONWEALTH CARDIOTHORACIC JURY TRIAL DEMANDED SURGERY; and BARRY J. ZADEH, M.D., P.c. Defendants ANSWER WITH NEW MATTER OF DEFENDANTS BARRY JON ZADEH, M.D. AND COMMONWEALTH CARDIOTHORACIC SURGERY TO PLAINTIFFS' COMPLAINT AND NOW, come the Defendants, Barry Jon Zadeh, M.D. and Commonwealth Cardiothoracic Surgery ("CCS"), through their attorneys, Stevens & Lee, and in response to Plaintiffs' Complaint, state as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Barry Jon Zadeh, M.D. was at all relevant times a physician practicing the specialty of cardiothoracic surgery in Camp Hill, Cumberland County, Pennsylvania. The remaining allegations of this paragraph constitute conclusions oflaw to which no response is required. To the extent a response is deemed required, the allegations are denied pursuant to Rule 1 029( e). 3. Admitted in part and denied in part. It is admitted that at all relevant times Defendant Dr. Zadeh was acting on behalf of Defendant Commonwealth Cardiothoracic Surgery, providing surgical cardiac care to patients in Camp Hill, Cumberland County, Pennsylvania. The remaining allegations of this paragraph constitute conclusions of law to which no response is 1 SLI 67994Ivl/041199.00140 . required. To the extent a response is deemed required, the allegations are denied pursuant to Rule 1029(e). 4. The allegations of this paragraph are directed to a party other than the answering Defendants, and no response is therefore required. To the extent a response is deemed required, the allegations are denied pursuant to Rule 1 029( e). By way of further answer, the entity named in this paragraph was not an on-going concern at the time of the events described in the Complaint. 5. Denied pursuant to Rule 1 029( e). By way of further answer, the allegations of this paragraph appear to relate to the facts of medical treatment and care, which are documented in the appropriate medical records. Those records are incorporated herein by reference. To the extent that the allegations of this paragraph are inconsistent with or in conflict with the contents of the medical contents, the allegations are denied pursuant to Rule 1 029( e). 6. Admitted that Defendant Dr. Zadeh performed a procedure on Decedent Geraldene B. Sellers. By way of further answer, the response to paragraph 5 above is incorporated herein by reference. 7. The response to paragraph 5 above is incorporated herein by reference. 8. The response to paragraph 5 above is incorporated herein by reference. 9. The response to paragraph 5 above is incorporated herein by reference. 10. The response to paragraph 5 above is incorporated herein by reference. 11. The response to paragraph 5 above is incorporated herein by reference. 12. The response to paragraph 5 above is incorporated herein by reference. 13. The response to paragraph 5 above is incorporated herein by reference. 14. The response to paragraph 5 above is incorporated herein by reference. 2 SLl 67994Ivl/041199.00140 15. The response to paragraph 5 above is incorporated herein by reference. 16. The response to paragraph 5 above is incorporated herein by reference. 17. The response to paragraph 5 above is incorporated herein by reference. 18. The response to paragraph 5 above is incorporated herein by reference. 19. The response to paragraph 5 above is incorporated herein by reference. 20. The response to paragraph 5 above is incorporated herein by reference. 21. The response to paragraph 5 above is incorporated herein by reference. 22. The response to paragraph 5 above is incorporated herein by reference. 23. The response to paragraph 5 above is incorporated herein by reference. 24. The response to paragraph 5 above is incorporated herein by reference. 25. The response to paragraph 5 above is incorporated herein by reference. 26. The response to paragraph 5 above is incorporated herein by reference. COUNT I STEVEN E. SELLERS and JO ANNE WALTMAN, Co-Executors of the Estate of GERALD ENE B. SELLERS. Deceased v. BARRY JON ZADEH, M.D. 27. The responses to paragraphs 1 through 26 above are incorporated herein by reference. 28. The allegations of this paragraph and each of its subparagraphs constitute conclusions oflaw to which no response is required. To the extent a response is deemed required, the allegations of this paragraph and each of its subparagraphs are denied pursuant to Rule 1 029( e). By way of further answer, each and every allegation of negligence, carelessness, and substandard care is denied as a legal conclusion and each such allegation is specifically denied, and it is alleged to the contrary that Dr. Zadeh at all times met the applicable standards of care and acted with due care and caution under the circumstances then and there existing. All 3 SLl 679941 v 1104 I 199.00140 allegations of liability-producing conduct are specifically and strict proof thereof is demanded at trial. WHEREFORE, Defendant Barry Jon Zadeh, M.D., respectfully requests that this Court enter judgment in his favor and against the Plaintiffs, with prejudice, together with such other relief as is deemed just. COUNT II STEVEN E. SELLERS and JO ANNE WALTMAN. Co-Executors of the Estate of GERALD ENE B. SELLERS. Deceased v. COMMONWEALTH CARDIOTHORACIC SURGERY 29. The responses to paragraphs 1 through 28 above are incorporated herein by reference. 30. The allegations of this paragraph and each of its subparagraphs constitute conclusions of law to which no response is required. To the extent a response is deemed required, the allegations of this paragraph and each of its subparagraphs are denied pursuant to Rule 1 029( e). By way of further answer, each and every allegation of negligence, carelessness, and substandard care is denied as a legal conclusion and each such allegation is specifically denied, and it is alleged to the contrary that Commonwealth Cardiothoracic Surgery at all times met the applicable standards of care and acted with due care and caution under the circumstances then and there existing. All allegations of liability-producing conduct are specifically and strict proof thereof is demanded at trial. WHEREFORE, Defendant Commonwealth Cardiothoracic Surgery, respectfully requests that this Court enter judgment in his favor and against the Plaintiffs, with prejudice, together with such other relief as is deemed just. 4 SLl 67994Ivl/041199.00140 COUNT III STEVEN E. SELLERS and JO ANNE WALTMAN, Co-Executors of the Estate of GERALD ENE B. SELLERS, Deceased v. BARRY J. ZADEH, M.D., P.C. 31. The responses to paragraphs 1 through 30 above are incorporated herein by reference. 32. The allegations of this paragraph and each of its subparagraphs are directed to a party other than the answering Defendants, and no response is therefore required. To the extent a response is deemed required, the responses to paragraph 28 and 30 above are incorporated herein by reference. WHEREFORE, Defendants Barry Jon Zadeh, M.D. and Commonwealth Cardiothoracic Surgery, respectfully requests that this Court enter judgment in his favor and against the Plaintiffs, with prejudice, together with such other relief as is deemed just. CLAIM I-SURVIV AL ACTION STEVEN E. SELLERS and JO ANNE WALTMAN, Co-Executors of the Estate of GERALD ENE B. SELLERS. Deceased v. BARRY JON ZADEH, M.D.. COMMONWEALTH THORACIC SURGERY. and BARRY J. ZADEH. M.D., P.C. 33. The responses to paragraphs 1 through 32 above are incorporated herein by reference. 34. The allegations of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the allegations are denied pursuant to Rule 1029(e). 35. The response to paragraph 34 above is incorporated herein by reference. To the extent any further response is deemed required, the responses to all of the foregoing 5 SLl 679941vl/041199.00140 paragraphs are incorporated herein by reference. Any and all allegations of liability or liability-producing conduct are denied. 36. The response to paragraph 34 above is incorporated herein by reference. WHEREFORE, Defendants Barry Jon Zadeh, M.D. and Commonwealth Cardiothoracic Surgery, respectfully requests that this Court enter judgment in his favor and against the Plaintiffs, with prejudice, together with such other relief as is deemed just. CLAIM II-WRONGFUL DEATH STEVEN E. SELLERS and JO ANNE WALTMAN, Co-Executors of the Estate of GERALD ENE B. SELLERS. Deceased v. BARRY JON ZADEH. M.D., COMMONWEALTH THORACIC SURGERY, and BARRY J. ZADEH, M.D., P.C. 37. The responses to paragraphs 1 through 36 above are incorporated herein by reference. 38. The response to paragraph 34 above is incorporated herein by reference. 39. Denied pursuant to Rule 1029(e). By way of further answer, after reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph. 40. The response to paragraph 39 above is incorporated herein by reference. 41. The averments of this paragraph constitute conclusions oflaw to which no response is required. To the extent a response is deemed required, the allegations are denied pursuant to Rule 1029(e). 42. The response to paragraph 41 above is incorporated herein by reference. 43. The response to paragraph 41 above is incorporated herein by reference. 6 SLI 67994Ivl/041199.00140 WHEREFORE, Defendants Barry Jon Zadeh, M.D. and Commonwealth Cardiothoracic Surgery, respectfully requests that this Court enter judgment in his favor and against the Plaintiffs, with prejudice, together with such other relief as is deemed just. NEW MATTER 44. The responses to all paragraphs above are incorporated herein by reference. 45. Decedent Geraldene Sellers' injuries were caused by natural, unknown causes, and not a result of any action or inaction on the part of Dr. Zadeh. 46. No conduct on the part of Answering Defendants was a substantial factor in causing or contributing to the Decedent's injuries and damages. 47. If the Plaintiffs suffered any damages, which is denied, the damages were caused by the conduct of others over whom the Answering Defendants had no control or right of control. 48. Plaintiffs' injuries and damages, if any, are the result of superseding and intervening causes. 49. Plaintiffs' claims are barred in whole or in part by the M-Care Act, Act 13 of 2002. 50. Answering Defendants hereby raise all immunities, damage limitations, and other applicable provisions of the M-Care Act. 51. The injuries referred to in the Complaint were the result of Decedent Geraldene Sellers' pre-existing medical conditions. 52. The injuries referred to in the Complaint were the result of circumstances beyond the control of the Answering Defendants. 53. Plaintiffs' claims are barred in whole or in part by the applicable statute of limitations. 7 SLI 67994Ivl/041199.00140 54. Plaintiffs' claims and causes of action are barred by whole or reduced in part by the applicable doctrine of assumption of the risk, comparative negligence, and/or contributory negligence. Respectfully submitted, STEVENS & LEE Date: \Jtdl' \ I~ , 2007 Bi~~ Michael D. Pipa Attorney LD. No. 53624 25 North Queen Street P.O. Box 1594 Lancaster, Pennsylvania 17608-1594 (717) 291-1031 Attorneys for Defendants Barry Jon Zadeh, M.D. and Commonwealth Cardiothoracic Surgery 8 SLl 679941vl/041199.00140 VERIFICA nON I, BARRY JON ZADEH, M.D., being duly affirmed according to law, depose and say that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. Dated: ~h \ ,2006 SLl 67994Ivl/041199.00140 VERIFICATION I, In Irt_hLi ~ l l;Lh rffJ J , being duly affirmed according to law, depose and say that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief This Verification is made subject to the penalties of 18 Pa. C.S.A. g4904, relating to unsworn falsification to authorities. Dated: 1/11/ ,zoo} /1---7 If-- ~ On Behalf of Cardiothoracic Surgery SLl 67994Iv1/041199.00140 .. CERTIFICATE OF SERVICE I, MICHAEL D. PIP A, ESQUIRE, certify that on this date, I served a certified true and correct copy of the foregoing Entry of Appearance upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Neil J. Rovner, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiffs STEVENS & LEE Date: \J~1J1 .10 ,2007 BY'~~ Michael D. Pipa Attorney LD. No. 53624 25 North Queen Street P.O. Box 1594 Lancaster, Pennsylvania 17608-1594 (717) 291-1031 Attorneys for Defendants Barry Jon Zadeh, M.D. and Commonwealth Cardiothoracic Surgery SLl 67994Ivl/041199.00140 (') l"-~ 0 <:;;.;;) C' <.:::l -n - ......... " :;:\ " <-- :2-:--- ",,-I-- -n ::e. (11 po: f -;_~r1 '9 0'" ~.?: (",> -0 f_~:~~ , ~'=S - - n <-,,) 9, :35 f'..) ;-<. ,-'" ANGINO & ROVNER, P.c. Neil J. Rovner, Esquire Attorney ID#: 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovneranino-rovner.com STEVEN E. SELLERS AND JO ANNE WALTMAN, Co-Executors of the Estate of GERALDENE B. SELLERS, Deceased, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY ACTION NO.06-3170 - Civil Term BARRY JON ZADEH, M.D.; COMMONWEALTH CARDIOTHORACIC SURGERY; and BARRY J. ZADEH, M.D., P.e. JURY TRIAL DEMANDED Defendants PLAINTIFFS' ANSWER TO NEW MATTER OF DEFENDANTS 44. The Plaintiffs' Complaint is incorporated herein as if fully set forth. 45. Denied. Decedent Geraldene B. Sellers death was caused by the negligence of Defendant Dr. Zadeh as set forth more fully in Plaintiffs' Complaint. 46. Denied. The negligence of Defendant Dr. Zadeh was the legal cause of the injuries and death of Decedent Geraldene B. Sellers as more fully set forth in Plaintiffs' Complaint. 47. Denied as set forth more fully in Plaintiffs' Complaint. If Defendants allege that others were responsible for the death of Geraldene B. Sellers, it is incumbent upon them to identify them specifically. 48. Denied. Defendant Dr. Zadeh's actions were the proximate cause of Decedent's death. 49. Denied. This is a conclusion oflaw to which no response is necessary. 50. The applicability of the provisions of the MCARE Act is a legal conclusion to which no response is necessary. 345878 r' ... 51. The death of Geraldene B. Sellers was caused by, and her pre-existing medical conditions exacerbated by, the negligence of the Defendants as set forth more fully in Plaintiffs' Complaint. 52. Denied. The death of Geraldene B. Sellers was a result of the negligence of Defendant Dr. Zadeh as set forth more fully in Plaintiffs' Complaint. 53. Denied. This claim is timely filed as set forth in Plaintiffs' Complaint. 54. Denied. Decedent Geraldene B. Sellers did not assume the risk of negligent medical treatment, nor, given the fact that she was unconscious during her operation was she liable for any comparative and/or contributory negligence. WHEREFORE, Plaintiffs pray Your Honorable Court to DISMISS the New Matter of Defendants. Date: I(IS/Or 345878 ~ ~ ATTORNEY AFFIDAVIT I, Neil J. Rovner, Esquire, state that I am counsel for Plaintiffs, that I am authorized to make this Verification on behalf of said Plaintiffs, and have read the foregoing and do hereby declare and affirm that the facts set forth in the foregoing are correctly derived from the discovery record. I understand that this Verification is made subject to the penalties of28 U.S.C. ~1746, relating to unsworn falsification to authorities. Sworn to and subscribed to before me on this 'f5 ~ day of January, 2007. 00~~OQ+ - Notary Public 345878 ~ " CERTIFICATE OF SERVICE I, Megan Moll, an employee of the law firm of Angino & Rovner, P.c., do hereby certify that I am this day serving a true and correct copy ofthe foregoing upon all counsel of record via postage prepaid first class United States mail addressed as follows: James W. Saxton, Esquire Michael Pipa, Esquire Stevens & Lee 25 North Queen Street, Suite 602 Lancaster, PA 17608-1594 Dated: II I slO1- ~~ 345878 o (; <~ <T)(<' f'\ ; \ ' -."1 .'- ~ = --' c.- o;;:." ~ - CO ~ ::s.:. Cf! o -n :t.--n p1p:: -~CO -()y ;~~ ._J,{ '1:' ~.Q. .:;-' \J:)