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Home My WebLink About02-2079IL J. MARZELLA & ASSOCIATES, P.C. BY: (~ades W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 ~c~imile: (7171 Attorneys for Plaintiffs, Terry 10ine and Cheryl Kline IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ?ERRY KLINE and CHERYL KLINE, Husband and wife, Plaintiffs VS. GOOD HOPE FAMILY PHYSICIANS, P.C. ERNEST JOSEF, M.D. CATHLEEN SANGILLO, M.D. Defendants PRAECIPE TO TRANSFER VENUE AUGUST TERM, 2001 NO. 1735 JURY ~L DEMANDED TO THE PROTHONOTARY OF PHILADELPHIA COUNTY: ~ ~ ~ [ ~-, Attached as "Exhibit A" is an Order dated March S, 2002et~ff~sfe~ng Philadelphia County to Cumberland County, Pennsylvania. Kindly transfer the above- venue from captioned matter from the Court of Common Pleas of Philadelphia County to the Court of Common Pleas of Cumberland County. R.J. Marzella & Assodates, P.C. · . Attorney Identification No. Dated: Exhibit "A" HON 8UINONES RLE]I::~IDRB Fax:215-685-7155 Rpr $ '02 10:26 P.02/06 i.j, MAIF, Zm, L& & ~1'~S, P.~. BY: C:hMm W. Mamr, Jr., ~lulre 3513 Nol~ IIl'el~ $t~eet ....... t'J'l"~ 'rt,; I-- IN THE COURT OF COMMON PLP. AS PHILADELPHIA COUNTY, PENNSYLVANIA CML ACTION - LAW TERRY KIJNE and CHERYL KLINE, Husbend end wife, Plalntl~s AUGUST TERM, 2001 NO. 173S T~MPLE UNIVERSITY HEALTH SYSTEM, INC., t/d/b/a: TEMPLE UNIVERSITY HOSPTIAL : SATOSHI FURUKAWA, M.D. : JOSE GAF, CIA, M.D. VICTOR U GORDON MORL~VOOD, M.D. PAUL F£DAL~N, M.D. i GOOD HOPE FAMILY PHYSICIANS. P.C. ERNEST JOSEF, M.D. CATHLEEN SANGILLO, M.D. PINNACLE H~AL'~'I SY~'~ t/d/b/a PINNACLE HEALTH HOSPITALS HARRISBURG HOSPITAL WlLUAM BACHINSKY, M.D. : GREGORY K~GY, O.O. EOUARDO JORGE, RIVERSIDE ANESTHESIA ASSOCIATES, LTD, JEFFRY JONES, M.D. MOFFITT, PEASE & UM' FEUX GUTIERR~, M.D. Defendan~ RECEIVED MAR O b ZOO[ ~0~ g. L oUII~N~ ALF~OR~ C~MER5 JULY' TRIAL DEMANDED HON QUINONES RLE3RNDRO Fa×:215-683-7155 Apr $ '02 10:27 P.05/06 AND NOW, this ~'7~t~day of. ~?~-,,~-/ ,2002, upon considermtion of'Pl~intil~' ScipuWcfon co Tr~nsf'er Of Venue tc Js hereby OIID~D th;t the counsels for the Pleintiffs and Defendants. in the above captioned case, ~pulate to transfer venue from the Philadelphia Court of Common Pleas to the Cumbeflsnd County Court of Common Mess. CERTIFICATi~ OF SERVICE I, Charles W. Marsar, Jr., hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this 3rd day of^pril, 2002, by depositing said copy in the United States Mail postage prepaid, first-class deliver, and addressed as follows: Meyer A. Bushman, Esquire Ira W. Bushman, Esquire Abrahams, Loewenstein & Bushman, P.C. One Liberty Place 1650 Market Street Suite 3100 Philadelphia, PA 19103-7392 (Attorneys for Defendants, Temple University Hospital, Temple University Health Sytem and Satoshi Furukawa, M.D.) Michael M. Badowski, Esquire Stephen L. Banko,Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (Attorneys for Defendants, Pinnacle Health System t/d/b/a Harrisburg Hospital, Pinnacle Health Hospitals t/d/b/a Harrisburg Hospital and Harrisburg Hospital) E. Chandler Hosmer, Esquire Goldfein & Hosmer 1600 Market Street 33~d Floor Philadelphia, PA 19103-7288 (Attorneys for Defendants, Jeffrey Jones, M.D. and Riverside Anesthesia Associates) Fred DeRosa, Esquire McDonald & DeRosa 15~ & JFK Boulevard Suite 526 2 Penn Center Philadelphia, PA 19102 (Attorneys for Defendants, Cathleen Sangillo, M.D., Ernest Josef, M.D. and Good Hope Family Practice) R.J. Marzella & Assodates, P.C. ~ ~.,!harles W. alV~rsar,-Jr. ~' ' - REPORT : ZDRDOCT USER ID: CYS First Judicial District CIVIL DOCKET REPORT CASE ID 010801735 PAGE 1 RUN DATE 04/05/02 RUN TIME 02:31 PM CASE NUMBER CASE CAPTION 010801735 KLINE ETAL VS TEMPLE UNIVERSITY HEALTH SYSTEM INC FILING DATE COURT LOCATION JURY 17-AUG-2001 JC CH J CASE TYPE: MALPRACTICE - MEDICAL STATUS: TRANSFER TO OTHER JURISDICTION Seq # Assoc Expn Date Type I_~D 1 APLF A86072 2 1 PLF @4354157 3 1 PLF @4354158 4 26 DFT I7399 5 26 DFT I1044 6 26 DFT @4354164 DFT @4354166 DFT @4354168 Party Name / Address & Phone No. MARSAR JR, CHARLES W 3513 NORTH FRONT ST HARRISBURG PA 17110 KLINE, TERRY 220 REESER ROAD RANAVILLA PA 17011 K_LINE, CHERYL 220 REESER ROAD RANAVILLA PA 17011 TEMPLE UNIVERSITY HEALTH SYSTEM C/O TEMPLE UNIVERSITY HOSPITAL BROAD & ONTARIO STS PHILADELPHIA PA 19140 TEMPLE UNIVERSITY HOSPITAL 3401 N BROAD ST PHILADELPHIA PA 19140 AKA- HEART FAILURE AND TRANSPLAN AKA- TEMPLE CARDIOLOGY ASSOCIATE AKA- TEMPLE UNIV HOS. OF THE C0M AKA- TEMPLE UNIV OF THE COMMONWE AKA- TEMPLE UNIVERSITY HEALTH SC AKA- TEMPLE UNIVERSITY HEALTH SC FURUKAWA MD, SATOSHI 1801 N BROAD ST PHILADELPHIA PA 19122 GARCIA MD, JOSE 1801 NORTH BROAD ST PHILADELPHIA PA 19122 LI MD, VICTOR 1801 N BROAD ST PHILADELPHIA PA 19122 REPORT : ZDRDOCT USER ID: CYS First Judicial District CIVIL DOCKET REPORT CASE ID 010801735 PAGE 2 RUN DATE 04/05/02 RUN TIME 02:31 PM Seq # Assoc Expn Date Type ID 9 DFT @~354169 10 DFT ~4354172 11 DFT @4354179 12 31 DFT @4354180 13 31 DFT @4354182 14 27 DFT @4354184 15 27 DFT @4354187 16 27 DFT @4354192 17 30 DFT @4354194 18 29 DFT ~4354197 19 29 DFT @4354200 20 29 DFT @4354201 21 28 31-DEC-01 DFT ~4354202 Party Name / Address & Phone No. MOREWOOD MD, GORDON 1801 N BROAD ST PHILADELPHIA PA 19122 FEDALEN MD, PAUL 1801 NORTH BROAD ST PHILADELPHIA PA 19122 GOOD HOPE FAMILY PHYSICIANS PC 1830 GOOD HOPE ROAD SOUTH ENOLA PA 17025 JOSEF MD, ERNEST 1830 GOOD HOPE ROAD SOUTH ENOLA PA 17025 SANGILLO MD, CATHLEEN 1830 GOOD HOPE ROAD SOUTH ENOLA PA 17025 PINNACLE HEALTH SYSTEM 17 SOUTH MARKET SQUARE HARRISBURG PA 17105 AKA- HARRISBURG HOSPITAL PINNACLE HEALTH HOSPITALS 17 SOUTH MARKET SQUARE HARRISBURG PA 17105 AKA- HARRISBURG HOSPITAL HARRISBURG HOSPITAL 17 SOUTH MARKET SQUARE HARRISBURG PA 17105 BACHINSKY MD, WILLIAM 1000 NORTH FRONT ST WASHINGTON HT PA 17043 KEAGY DO, GREGORY 423 NORTH 21ST ST SUITE 301 RANAVILLA PA 17011 JORGE MD, EDUARDO 423 NORTH 21 ST ST STE 301 RA/qAVILLA PA 17011 CAPITAL AREA CARDIOVASCULAR SURGIC 423 N 21ST ST STE 301 PJkNAVILLA PA 17011 RIVERSIDE ANESTHESIA ASSOCIATES LT 207 HOUSE AVENUE SUITE 301 RANAVILLA PA 17011 REPORT : ZDRDOCT USER ID: CYS First Judicial District CIVIL DOCKET REPORT CASE ID 010801735 PAGE 3 RUN DATE 04/05/02 RUN TIME 02:31 PM Seq # Assoc Expn Date Type 22 28 31-DEC-01 DFT 23 30 DFT 24 25 26 27 DFT TL ADFT ADFT ID @4354203 @4354205 @4354209 J375 A2691 A32646 28 31-DEC-01 ADFT A28499 29 30 ADFT 31 ADFT ADFT A44675 A20880 Party Name / Address & Phone No. JONES MD, JEFFRY 207 HOUSE AVENUE SUITE 102 RANAVILLA PA 17011 MOFFITT PEASE&LIM 1000 NORTH FRONT ST WASHINGTON HT PA 17043 GUTIERREZ MD, FELIX 1000 NORTH FRONT ST WASHINGTON HT PA 17043 QUINONES ALEJANDRO, NITZA I 1418 CRIMINAL JUSTICE CENTER 1301 FILBERT STREET PHILADELPHIA PA 19107 (215)683-7151 BUSHMAN, MEYER A 1650 MARKET ST., 3100 PHILADELPHIA PA 19103 (000)561-1030 BADOWSKI, MICHAEL M BADOWSKI BANKO KROLL KRONTHAL AND BAKER 1010 PINE STREET PO BOX 932 HARRISBURG PA 17108 HOSMER III, E CHANDLER GOLDFEIN & JOSEPH 1600 MARKET ST 33RD FL PHILADELPHIA PA 19103 (215)979-8200 (215)979-8201 - FA~ SHUSTED, JOHN P THE BELLEVUE-5TH FLOOR 200 S. BROAD STREET PHILADELPHIA PA 19102 (000)545-7700 STAHL, STANLEY p STAHL & DELAURENTIS, PC SUITE 1830 ONE SOUTH BROAD ST PHILADELPHIA PA 19107 (215)568-9225 (215)557-9636 - FAX A24461 DEROSA, JR., FREDERICK J TWO PENN CENTER PLAZA REPORT : ZDRDOCT USER ID: CYS First Judicial District CIVIL DOCKET REPORT CASE ID 010801735 PAGE 4 RUM DATE 04/05/02 RUM TIME 02:31 PM Seq # Assoc Expn Date Type I__D Party Name / Address & Phone No. SUITE 526 PHILADELPHIA PA 19102 (215)972-7500 Filing Date / Time 17-AUG-01 14:13:00 17-AUG-01 14:13:00 17-AUG-01 14:13:00 17-AUG-01 14:13:00 Docket Entry COMMENCEMENT CIVIL ACTION JURY SHERIFF'S SURCHARGE 20 DEFTS SHERIFF'S SURCHARGE 1 DEFT PRAE TO ISSUE WRIT OF SUMMONS PRAECIPE TO ISSUE WRIT OF SUMMONS FILED. SUMMONS ISSUED. MARSAR JR, CHARLES W MARSAR JR, CHARLES W MARSAR JR, CHARLES W MARSAR JR, CHARLES W WRIT OF 17-AUG-01 14:13:00 17-AUG-01 14:13:00 17-AUG-01 14:19:36 JURY TRIAL PERFECTED WAITING TO LIST CASE MGMT CONF ACTIVE CASE MARSAR JR, CHARLES W MARSAR JR, CHARLES W 06-SEP-01 08:49:30 17-SEP-01 11:21:00 AFFIDAVIT OF SERVICE FILED OF COMPLAINT BY PERSONAL SERVICE UPON UMITED STATES AMERICA ON AUGUST 28, 2001 REINSTATE/REISSUE CIVIL ACTION MARSAR JR, PREACIPE TO REISSUE WRIT OF SUMMONS FILED. WRIT REISSUED. CHARLES W 26-SEP-01 15:46:00 26-SEP-01 15:46:00 ENTRY OF APPEARANCE FILED BUSHMAN, MEYER A ENTRY OF APPEARANCE OF MEYER BUSHMAN FILED ON BEHALF OF DFT.'S TEMPLE UNIV. HOSPITAL, TEMPLE UNIV. HEALTH SYSTEM AND SATOSHI FURUKAWA, M.D. RULE TO FILE COMPLAINT BUSHMAN, MEYER A PRAECIPE AND RULE FILED UPON PLAINTIFF(S) TO FILE A COMPLAINT WITHIN TWENTY {20) DAYS OR SUFFER JUDGMENT OF NON PROS FILED BY DFT.'S TEMPLE UMIV. HOSPITAL, TEMPLE UMIV. HEALTH SYSTEM AND SATOSHI FURUKAWA, M.D. REPORT : ZDRDOCT USER ID: CYS First Judicial District CIVIL DOCKET REPORT CASE ID 010801735 PAGE 5 RUN DATE 04/05/02 RUN TIME 02:31 PM Filing Date / Time 16-OCT-01 15:10:06 17-OCT-01 12:51:00 17-OCT-01 15:09:55 17-OCT-01 15:12:14 17-OCT-01 16:36:16 25-0CT-01 14:20:00 29-0CT-01 15:39:31 30-OCT-01 16:21:00 30-OCT-01 16:21:01 01-NOV-01 16:09:05 15-NOV-01 09:13:53 15-NOV-01 09:14:26 16-NOV-01 14:21:00 Docket Entry LISTED FOR CASE MGMT CONF REINSTATE/REISSUE CIVIL ACTION MARSAR JR, PREACIPE TO REISSUE WRIT OF SUMMONS FILED. WRIT REISSUED. CHARLES W SHERIFF'S SERVICE DEPUTIZED SERVICE OF SUMMONS UPON DFTS TEMPLE UNIV. HEALTH SYSTEM INC. AND TEMPLE UNIVERSITY HOSPITAL AND SATOSHI FURUKAWA M.D. BY SHERIFF OF PMILA. COUNTY ON 09/25/01 ATTEMPTED SERVICE - NOT FOUND NOT FOUND AS TO DFTS GORDON MORE"WOOD M.D. FEDALEN M.D. ON 09/25/01 AND PAUL NOTICE GIVEN ENTRY OF APPEAR/JURY DEMAND BADOWSKI, MICHAEL M ENTRY OF APPEARANCE OF MICHAEL M BADOWSKI FILED ON BEHALF OF DFT'S PINNACLE HEALTH SYSTEM T/D/B/A HARRISBURG HOSPITAL PINNACLE HEALTH HOSPITALS T/D/B/A HARRISBURG HOSPITAL AND HARRISBURG HOSPITAL NOTICE GIVEN ENTRY OF APPEARANCE FILED HOSMER III, E CHANDLER ENTRY OF APPEARANCE OF E. CHANDLER HOSMER, FILED ON BEHALF OF DFTS. JEFFRY JONES, M.D., AND RIVERSIDE ANESTHESIA ASSOCIATES. FILED. RULE FILED HOSMER III, E CHANDLER PEAECIPE AND RULE FILED UPON PLAINTIFF(S) TO FILE A COMPLAINT WITHIN TWENTY (20) DAYS OR SUFFER JUDGMENT OF NON PROS FILED BY DEFENDANTS' JEFFRY JONES, M.D., AND RIVERSIDE ANESTHESIA ASSOCIATES. NOTICE GIVEN CASE RESCHEDULED BY COURT LISTED FOR CASE MGMT CONF ENTRY OF APPEARANCE FILED SHUSTED, JOHN p ENTRY OF APPEARANCE OF JOHN p SHUSTED FILED ON BEHALF OF DFT'S GREGORY KEAGY D O & EDUARDO JORGE M D AND CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE REPORT : ZDRDOCT USER ID: CYS First Judicial District CIVIL DOCKET REPORT CASE ID 010801735 PAGE 6 RUN DATE 04/05/02 RUN TIME 02:31 PM Filing Date / Time 16-NOV-01 14:21:01 16-NOV-01 14:21:02 16-NOV-01 16:32:50 19-NOV-01 16:49:00 19-NOV-01 16:49:01 21-NOV-01 14:36:19 27-NOV-01 15:33:38 14-DEC-01 10:54:44 31-DEC-01 15:40:00 02-JAN-02 15:00:41 02-JAN-02 15:01:02 03-JAN-02 15:45:25 Docket Entry ENTRY OF APPEAR/JURY DEMAND SHUSTED, JOHN P ENTRY OF APPEARANCE OF JOHN p SHUSTED FILED ON BEHALF OF DFT'S GREGORY KEAGY D 0 & EDUARDO JORGE M D AND CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE RULE TO FILE COMPLAINT BUSHMAN, MEYER A PRAECIPE AND RULE FILED UPON PLAINTIFF(S) TO FILE A COMPLAINT WITHIN TWENTY (20) DAYS OR SUFFER JUDGMENT OF NON PROS FILED BY DFT'S GREGORY KEAGY D 0 & EDUARDO JORGE M D AND CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE NOTICE GIVEN ENTRY OF APPEAR/JURY DEMAND STAHL, STANLEY p ENTRY OF APPEARANCE OF STANLEY p. STAHL FILED ON BEHALF OF DFTS BACHINSKY M.D. AND MOFFITT PEASE & LIM. RULE TO FILE COMPLAINT STAHL, STANLEY p PRAECIPE AND RULE FILED UPON PLAINTIFF(S) TO FILE A COMPLAINT WITHIN TWENTY (20) DAYS OR SUFFER JUDGMENT OF NON PROS FILED BY DFTS BACHINSKY M.D. AND MOFFITT PEASE & LIM. NOTICE GIVEN NOTICE GIVEN CERTIFICATION FILED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 FILED. NON PROS ENTERED-PARTIAL DISP. HOSMER III, E CHANDLER PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS FOR DEFENDANTS' JEFFRY JONES, M.D. AND RIVERSIDE ANESTHESIA ASSOCIATES, ONLY, AGAINST PLAINTIFF FOR FAILURE TO FILE COMPLAINT WITHIN REQUIRED TIME. PRO-PROTHONOTARy NOTICE UNDER RULE 236. NOTICE UNDER RULE 237.4 CASE RESCREDULED BY COURT LISTED FOR CASE MGMT CONF NOTICE GIVEN REPORT : ZDRDOCT USER ID: CYS First Judicial District CIVIL DOCKET REPORT CASE ID 010801735 PAGE 7 RUN DATE 04/05/02 RUN TIME 02:31 PM Filing Date / Time 31-JAN-02 14:58:00 31-JD~N-02 14:58:00 04-FEB-02 10:12:14 04-FEB-02 10:13:42 05-FEB-02 15:55:04 07-FEB-02 09:04:30 06-MAR-02 17:08:24 06-MAR-02 17:08:25 05-APR-02 14:07:00 Docket Entry ENTRY OF APPEARANCE FILED DEROSA, JR., FREDERICK J ENTRY OF APPEARANCE OF FREDERICK DEROSA, JR. FILED ON BEHALF OF DFT.'S ERNEST JOSEF, M.D. AND CATHLEEN SANGILLO, M.D. JURY TRIAL PERFECTED DFT.'S DEMAND A TRIAL BY 12 JURORS. DEROSA, JR., FREDERICK J CASE RESCHEDULED BY COURT PELLETREAU, CHARLES CONFERENCE RESCHEDULED PENDING STIPULATED TRANSFER TO ANOTHER COUNTY. C. PELLETREAU, CIVIL CASE MANAGER LISTED FOR CASE MGMT CONF NOTICE GIVEN ATTEMPTED SERVICE - NOT FOUND AS TO DEFT VICTOR LI, M.D. ON 09/02/01 TRA/~SFER TO OTHER JURISDICTION QUINONES ALEJANDRO, NITZA I IT IS STIPULATED AND ORDERED THAT THE VENUE IS TRANSFERRED FROM PHILA TO CUMBERLAND COUNTY COURT OF COMMON PLEAS...BY THE COURT, JUDGE QUINONES ALEJANDRO, 3-5-02 NOTICE GI~-EN UNDER RULE 236 PRAECIPE/TRNSFER OUT OF COUNTY MARSAR JR, CHARLES W PRAECIPE TO TRANSFER THE ABOVE CAPTIONED MATTER TO CUMBERLAND COUNTY FILED. * * * End of Docket APR ]. 6 2OO2 CERTIFIED FROM THE RECORD ON JOSEPH H. EVERs PROTHONOTARY OF PHII.,AD~J~tA~OUI~'Y P~j. MAR~U~ & ASSOC~TES, P.C. BY: C~atles W. Marsar, Jr., Esquire Pennsylvania Supreme Courc I.D. No. 86072 3513 North Front St~et Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 F~arelmile~ 17171 234~883 Attorneys for Plaintiffs, Teny Kline and C~eryl Kline IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA CIVIL ACTION - Lt~W TERRY KLINE and CHERYL KLINE, Husband and wife, Plaintiffs AUGUST TERM, 2001 NO. 1735 VS. TEMPLE UNIVERSITY HEALTH SYSTEM, INC., t/d/b/a: TEMPLE UNIVERSITY HOSPTIAL : SATOSHI FURUIO~WA, M.D. : JOSE GARCIA, M.D. : VICTOR LI : GORDON MOREWOOD, M.D. : PAUL FEDALEN, M.D. GOOD HOPE FAMILY PHYSICIANS, P.C. ERNEST jOSEF, M.D. CATHLEEN SANGILLO, M.D. PINNACLE HEALTH SYSTEM t/d/b/a PINNACLE HEALTH HOSPITALS t/d/b/a HARRISBURG HOSPITAL : WILLIAM BACHINSKY, M.D. : GREGORY KEAGY, D.O. : EDUARDO jORGE, M.D. RIVERSIDE ANESTHESIA ASSOCIATES, LTD. JEFFRY JONES, M.D. MOFFITF, PEASE & LIM FELIX GUTIERREZ, M.D. : DeFendants : RECEIVED MAR 0 5 ~00~_ JUDGE N. I. QUI~ONES ALE~ANDRO GHAMBER$ JURY TRIAL DEMANDED ORDER consideration of Plaintiffs' Stipulation to Transfer Of Venue it is hereby ORDERED that the counsels for the Plaintiffs and Defendants, in the above captioned case, stipulate to transfer venue from the Philadelphia Court of' Common Pleas to the Cumberland County Court of Common Pleas. BY THE COURT: ~ // //J. ~ #n-zA L ou~ON~s ~o FE:~. L4. ~.BE~- LA: ~:LPM R. J'. MJ::~LLA NO. 353 P.$x4 IN ~ COURT OF COMMON PLEAS PHIL~ELPHIA COUNTY, PENNSYLVANIA CA/IL ACTION - tAW TERRY IRENE and CHERYl. KLINE. Husband and wi~e, Plaintiffs ¥S, i GOOD HOPE FAMILY PHYSICLa~S, P,C, ERNESTJOSEF, M.D, CATHLEEN SANGILLO, M.D. Det~ants AUGUST TERM, 2001 NO. 1735 ;JURY TRL~L DEMANDED am~b~,TION TO TRANSPI~ O~ ~ The below si~q~ed patties he.~eby ~Qpula~e to the transfer of venue of'the above- captioned matter ~rom the Court of Common Fleas of Philadelphia Count~ to the Court of C:ammon Plea~ of Cumberland County. McDonald & DeRo~a 1 ~ &JFK Boulevard Suite 526 2 Penn Center Philade/phia, PA 1910:2 Attorneys for Cathleen San~illo, M.D. and Emestjosef, M.D. Sate ILl, MarCia & Associates, P.C. 3513 North Front Street Han-isbut~, PA 17110 Attot~e~ for Ptamtiffs Terry and C~etTt lOine ~ -/.<'-oR. Dire CERTIFICATE OF SERVICE I, Zachary D. Campbell, hereby certi~ that a true and correct copy of the foregoing document was served upon counsel of record this 26~ day of February, 2002, by depositing said copy in the United States Mail postage prepaid, first-class deliver, and addressed as follows: Fred DeRosa, Esquire McDonald & DeRosa 15t~ &JFK Boulevard Suite 526 2 Penn Center Philadelphia, PA 19102 (Attorneys for Defendants, Cathleen Sangillo, M.D., Ernest Josef, M.D. and Good Hope Family Practice) Rd. Marzella & Associates, P.C. (7~ary D. Campl~ell Court of Common Pleas of Philadelphia County T alDivision auGa 00 Civil Cover Sheet Terry ~Kline see attached 00~ 220 Reeser Road Camp Hill, PA 17011 see attached Cheryl Kline ~ ~ N/A 220 Reeser Road N/A Camp Hill, PA 17011 N/A N/A N/A N/A ~ Complaint ~ Petitio~ Action ~ Notice of Appeal 2 21 ~ writ of Summom ~ Tmnsf~ F~m O~ Jurisdictions ~SS0.~0.00o:,ess ~ Arbitration ~ M~sToa ~ ~ ~ Se.lement ~Mote th~ $~0,~0,00 ~ Ju* ~ Savings Action ~ Minor Co~a Ap~al ~ Minors Type: Medical Malpractice Code: 2M N/A ,~Qr%' N/A yes NO TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff/Petitioner/Appellant: Papers may be served at the address set fo~h below. Charles W. ~arsar~ Jr.~ Esquire 35~3 North Front Street ' (717) ..o~ ~uu~. ~x .u~, Harrisburg, PA 171 I 0 (717) 234-7828 234-6883 86072~ , ~ mar zellagpaonline, com - 8/17/01 Names and Addresses of Defendants TEMPLE UNIVERSITY HEALTH SYSTEM, INC., t]d]b]a TEMPLE UNIVERSITY HOSPITAL 1801 North Broad Street Philadelphia, PA 19122 TEMPLE UNIVERSITY HOSPTIAL 1801 North Broad Street Philadelphia, PA 19122 SATOSHI FURUKAWA, M.D. 1801 North Broad Street Philadelphia, PA 19122 JOSE GARCIA, M.D. 1801 North Broad Street Philadelphia, PA 19122 VICTOR LI, M.D. 1801 North Broad Street Philadelphia, PA 19122 GORDON MOREWOOD, M.D. 1801 North Broad Street Philadelphia, PA 19122 PAUL FEDALEN, M.D. 1801 North Broad Street Philadelphia, PA 19122 GOOD HOPE FAMILY PHYSICIANS, P.C. 1830 Good Hope Road Enola, PA 17025 ERNESTJOSEF, M.D. 1830 Good Hope Road Enola, PA 17025 CATHLEEN SANGILLO, M.D. 1830 Good Hope Road Enola, PA 17025 PAID PINNACLE HEALTH SYSTEM t/d/b/a HARRISBURG HOSPITAL 17 South Market Square Harrisburg, PA 17105 PINNACLE HEALTH HOSPITALS t]d/b/a HARRISBURG HOSPITAL 17 South Market Square Harrisburg, PA 17105 HARRISBURG HOSPITAL 17 South Market Square Harrisburg, PA 17105 WILLIAM BACHINSKY, M.D. 1000 North Front Street Harrisburg, PA 17043 GREGORY KEAGY, D.O. 423 North 21st Street Suite 301 Camp Hill, PA 17011 EDUARDO JORGE, M.D. 423 North 21st Street Suite 301 Camp Hill, PA 17011 CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE 423 North 21~' Street Suite 301 Camp Hill, PA 17011 RIVERSIDE ANESTHESIA ASSOCIATES, LTD. 207 House Avenue Suite 102 Camp Hill, PA 17011 JEFFRYJONES, M.D. 207 House Avenue Suite 102 Camp Hill, PA 17011 MOFFITr, PEASE & LIM 1000 North Front Street Harrisburg, PA 17043 FELIX GUTIERREZ, M.D. ! 000 North Front Street Harrisburg, PA 17043 R.J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 Facsimile: ~7171 234-6883 TERRY KLINE and CHERYL KLINE, Husband and wife, 220 Reeser Road Camp Hill, PA 17011 Plaintiffs VS. /~?'.;~.f~] TEMPLE UNIVERSITY HEALTH SYSTEM, INC., t/d/b/a: 11TEMPLE UNIVERSITY HOSPITAL : 1801 North Broad Street ~ t Philadelphia, PA 19122 0 ~' / TEMPLE UNIVERSITY HOSPTIAL / North Broad Street ill Philadelphia, PA 19122 . _ SATOSHI FURUKAWA, M.D. 1801 North Broad Street PhiladelPhia, PA 19122 JO~E GARCIA, M.D. 1801 North Broad Street Philadelphia, PA 19122 XtICTOR LI, M.D. 1801 North Broad Street Philadelphia, PA 19122 GORDON MOREWOOD, M.D. 1801 North Broad Street Philadelphia, PA 19122 PAUL FEDALEN, M.D. 1801 North Broad Street Philadelphia, PA 19122 dURY FEE PAID IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AUGUST 2001 :DOCKET NO. CIVIL OOl? S Attorneys for Plaintiffs, Terry Kline and Cheryl Kline GOOD HOPE FAMILY PHYSICIANS, P.C. 1830 Good Hope Road Enola, PA 17025 ERNEST JOSEF, M.D. ~Pg30'-Good Hope Road Enola, PA 17025 CATHLEEN-SANGILLO, M.D. 1830 Good Hope Road Enola, PA 17025 PINNACLE HEALTH SYSTEM t/dfo/a H~IRISBURG HOSPITAL 17 South Market Square Harrisburg, PA 17105 PINNACLE HE_A~2~IHOSPITALS t/d/b/a HARRISBURG HOSPITAL 17 South Market Square Harrisburg, PA 17105 HARRISBURG HOSPITAL 17 S~o_uth'Market Square Hai~risburg, PA 17105 WILLIAI~ACHINSKY, M.D. ~lO0~6N0rth Front Street Harrisburg, PA 17043 GREGORY KEAGY, D.O. 423 North 21st Street Suite 301 Camp Hill, PA 17011 EDUARDO JORGE, M.D. 423 North 21st Street Suite 301 Camp Hill, PA 17011 CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE 423 North 21st Street Suite 301 Camp Hill, PA 17011 RIVERSIDE ANESTHESIA ASSOCIATES, LTD. 207 House Avenue Suite 102 .~mp Hill, PA 17011 JEFFRYJONES, M.D. 207 House Avenue Suite 102 Camp Hill, PA 17011 MOFFITF, PEASE & LIM 1000 North Front Street 8arris~firg, PA 17043 FELIX GUTIERREZ, M.D. 1000 North Front Street Harrisburg, PA 17043 Defendants JURY TRIAL DEMANDED PREACIPE WRIT OF SUMMONS TO THE PROTHONOTARY OF PHILADELPHIA COUNTY: Please issue Writ of Summons in the above-captioned action. 20 Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff ~harles W. Marsar, Ir., Esquire 3513 North Front Street Harrisburg, PA 17110 (717l 234-7828 Names/Address/Telephone No. of Attorney Supreme Court ID No. 86072' Date: August 17, 2001 R. J. MARZELLA & ASSOCIATES, P.C. BY: Charle~ W. Mnrsar, Jr., Esquire Pennsylvania Supreme Court LD. No. 86072 3513 North Front Street Harr/sburg, Pennsylvania 17110 Telephone: (717) 23~-7828 Attorneys for Plaintiffs, Terry Kline and Cheryl Kline IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRY KLINE and CHERYL KLINE, Husband and wife, Plaintiffs VS. TEMPLE UNIVERSrrY HEALTH SYSTEM, INC., t/d/b/a TEMPLE UNIVERSITY HOSPTIAL SATOSHI FURUKAWA, M.D. JOSE GARCIA, M.D. VICTOR LI GORDON MOREWOOD, M.D. PAUL FEDALEN, M.D. GOOD HOPE FAMILY PHYSICIANS, ERNEST $OSEF, M.D. CATHLEEN SANGILLO, M.D. PINNACLE HEALTH SYSTEM t/d/Wa PINNACLE HEALTH HOSPITALS t/dfo/a HARRISBURG HOSPITAL WILLIAM BACHINSKY, MD. GREGORY KEAGY, D.O. EDUARDO JORGE, M.D. RIVERSIDE ANESTHESIA ASSOCIATES, LTD. ~EFFRY JONES, M.D. MOFFITT, PEASE & LIM FELIX GD'rlERREZ, M.D. Defendants :DOCI ET NO. :CIVIL ACTION JURY TRIAL DEMANDED TO: PRAEC1PE TO REISSUE WRIT OF SUMMONS The Prothonotary of Phiiadelphia County Philadelphia County Courthouse Hail c/o Room 278 Philadelphia, PA 19107 Kindly reissue Plaintiffs' Writ of Summons filed in the above-captioned civil action. R. J. Marzella & Associates, P.C. By: CharlesW.~larsar, J~ '-~ Attorney Identification No. 86072 Dat~: q- 17- ot CERTII~ICATE OF SERVICE I, Charles W. Marsar, Jr., do hereby certify that the foregoing document was served via United States Postal Service on the Seventeenth of September, 2001 to the following defendants: TEMPLE UNIVERSITY HEALTH SYSTEM, INC., t/d/b/a TEMPLE UNIVERSITY HOSPITAL 1801 North Broad Street Philadelphia, PA 19122 TEMPLE UNIVERSITY HOSPTIAL 1801 North Broad Street Philadelphia, PA 19122 SATOSHI FURUKAWA, M.D. 1801 North Broad Street Philadelphia, PA 19122 JOSE GARCIA, M.D. 1801 North Broad Street Philadelphia, PA 19122 VICTOR LI, M.D. 1801 North Broad Street Philadelphia, PA 19122 GORDON MOREWOOD, M.D. 1801 North Broad Street Philadelphia, PA 19122 PAUL FEDALEN, M.D. 1801 North Broad Street Philadelphia, PA 19122 GOOD HOPE FAMILY PHYSICIANS, p.C. 1830 Good Hope Road Enola, PA 17025 ERNEST JOSEF, M.D. 1830 Good Hope Road Enola, PA 17025 CATHLEEN SANGH,LO, M.D. 1830 Good Hope Road Enola, PA 17025 PINNACLE HEALTH SYSTEM t/d/b/,, HARRISBURG HOSPITAL 17 South Market Square Harrisburg, PA 17105 PINNACLE HEALTH HOSPITALS t/d/b/a HARRISBURG HOSPITAL 17 South Market Square Harrisburg, PA 17105 HARRISBURG HOSPITAL 17 South Market Square Harrisburg, PA 17105 WILl,lAM BACHINSKY, M.D. 1000 North Front Street Harrisburg, PA 17043 GREGORY KEAGY, D.O. 423 North 21*t Street Suite 301 Camp Hill, PA 17011 EDUARDO JORGE, M.D. 423 North 21~ Street Suite 301 Camp Hill, PA 17011 CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE 423 North 21'~ Street Suite 301 Camp Hill, PA 17011 RIVERSIDE ANESTHESIA ASSOCIATES, LTD. 207 House Avenue Suite 102 Camp Hill, PA 17011 J-EFFRY JONES, M.D. 207 House Avenue Suite 102 Camp Hill, PA 17011 MO~'¥~'IT, PEASE & LIM 1000 North From Street Han'isburg PA 17043 FELIX GUTmRREZ, M.D. 1000 North From Street Harrisburg, PA 17043 Dated: lT-oI Attorney Identification No. 86072 attach co. ~sd ~Y Sheriff. O0 ~ ~' stamped enve- _, DetendantiS) on t~r~hdi~Yd~ sytvama,in the manner descrmeu · .~nt~s) persOnally serVed' ,.~Defendant(s)reside(S)' Relationshipis De~e~- ~ ~ ---,ith ~om ss~ g~ve name or retatio~shiP. Adutt tamilY memoe~ ~ refused to MansgedCterk of p~ace of todging in which De~endant(s) reside(S). · ~ ~ge~Ce or usual pl~ce Ot business. SHERIFF JoHN · Adult in charge o~ De~nd~t's r~idence who ~nd officer of said De~endant company. ~~ D GREEN By ~t ~ o'clock ~.M. Defendant not foun~ ~ca~S~; ~, 20~, SHERIFF JoHN D. GREEN On the ~~ day Of ~ ~Moved ~UnknOWn ~NoAns~r ~Vac~nt ~her;- Now, the deputize the sheriff serve this ~ summons and aCCOrding to Law. Sheriff of phiiaj~eiphia County, pennsylvania, do her, [~ Complaint Other; sHERIFF JoHN O. GREEN By Sheriff ATI'EST Number identification RepresentS: ~ O~he~ p~o~O~OTA~Y'S COPY REISSUE enveto~e the ~ ~ No Answer Deter~d~nt not c~¥ o4 Law. at ~ lg..._.-.---~ Vacant SHE:.R~FF jOHN O, GREEN ~?1, ~, she[~fl o4 philadelphia countY~ ounty, ~tum the SHEp,~FF JOHN D. Ad, mss 5-~3. (,Rev. 11/8'7) .... ,,,mv,.~ cOPY SHERIFF'S RETURN OF SERVICE - PHILADELPHIA CO. (Please prepare separate "Return" Form for each Defendant to be served by Sheriff. If you desire a copy of this "Return" mailed to you, please attach self-addressed, stamped envelope for each separate address where service is required.) TO BE COMPLETED BY ATTORNEY PLAINTIFF DEFENDANT(S) SERVE AT SPEC~L INSTRUCT~NS COURT TERM AND NUMBER SHERIFF'S NUMBER COST MILEAGE TO BE COMPLETL~ BY SH~HiFF DISTRICT ~ SUMMONS [~ COMPLAINT TYPE OF ACTION Served and made known to , Defendant(s) on the , 19 , at o'clock .M., at Street, County of Philadelphia, Commonwealth of Pennsylvania, in the manner desedbed below: II Defendant(s) personally sewed. ~ Adult family member with whom said Defendant(s) reside(s). Relationship is r'~ Adult in charge of Defendant's residence who refused to give name or relationship. ~ Manager/Clerk of place of lodging in which Defendant(s) reside(s). r~ Agent or person in charge of Defendant's office or usual place of busir~ess. I I and officer of said Defendant company. I I Other On the day of __ Defendant not found BECAUSE: r~ Moved [~ Unknown SHERIFF JOHN O. GREEN By DEPUTY SHERIFF ~ 19__~_., at o'clock, day of E~]No Answer r-i Vacant I--'1 Other SHERIFF JOHN D. GREEN By. DEPUTY SHERIFF DEPUTIZED SERVICE Now, the /~7','v' day of do hereby deputize the Sheriff of to serve this [~ Summons ~ Complaint ~ Other , '~'{,ff f , I, Sheriff ,~,~adelphia County, Pennsylvania County, and according to Law. and make return thereof SHERIFF JOHN D. GREEN TO BE COMPLETED BY ATTORNEY Name ~-. H ,,~Z.~(;- ~, ~'~,/. Address Telephone Number Identification Number ~,~, o"r 7.. Represents: ~ Plaint[fi(s) r'-I Defendant(s) I--1 Other 5-21 (Rev. 11/87) TO BE COMPLETED BY PROTHONOTARY A'I=rEST A~ I~'lY SEP 1 7 2001 PRO,PROTHY PROTHONOTARY'S COPY SHERIFF'S RETURN OF SERVICE - PH LADELPH A CO COURT TERM A~NO NUMBER~ (Please prepare sepa,~ate "re!urn" Form for each Defendant to be served by Sheriff· If you Idesire a copy of this Return mailed to you, please attach self-addressed, stamped enve- /~ops for each separate address where service is required.) TO BE COMPLETED BY ATTORNEY PLAINTIFF DEFENDANT(S) SPECIAL INSTRUCTIONS ~ SHERIFF'S NUMBER COST MILEAGE DISTRICT [] Summons [] Complaint [] Other: TYPE OF ACTION TO BE COMPLETED BY SHERIFF Served and made known to ., 20 at o'clock __M. et phia, Commonwealth of Pennsylvania, in the manner described below: [] Defendant(s) personally served. [] Adult family member with whom said Defendant(s) reside(s). Relationship is [] Adult in charge of Defendant's residence who refused to give name or relationship. [] Manager/Clerk of place of lodging in which Defendant(s) reside(s). [] Agent or person in charge of Defendant's office or usual placeof business, [] and officer of said Defendant company. [] Other ., Defendant(s) on the day of Street, County of Philadel- SHERIFF JOHN D. GREEN By Deputy Sheriff On the day of ,20 [] Moved [] Unknown [] No Answer [] Vacant [] Other: · at o'clock __.M. Defendant not found be~use:. 23. ?: SHERIFF JOHN D. GREEN By Depu~ Sheriff DEPUTIZED SERVICE NOW, the ~'~ day of ,~,.~O'~'~ deputize the Sheriff of serve this [] Summons [] Complaint [] Other: and according to Law. TO BE COMPLETED BY ATTORNEY 20~1 .I, Sheriff of. P~,hi~ladelphia County, Pennsylvania, do hereby County, -~.,-~r-', to SHERIFF JOHN D. GREEN and make return thereof Name ~--.~4~..~{-5 Address ~ Telephone Number Identification Number Represents: ~ Plaintiff(s) [] Defendant(s) [] Other TO BE COMPLETED BY PROTHONOTARY ATTEST 5-21 (Rev 7/00) ATTEST REISSUE PROTHONOTARY'S COPY .J ~HERIFF'S RETURN OF SERVICE - PHILADELPHIA CO. (Ptease prepare separate 'Return" Form for each Defendant to be served by Sheriff. If you desire a copy of this "Return" mailed to you, please attach self-addressed, stamped envelope for each separate address where service is required.) PLAINTIFF TO BE COMPLETED BY ATTORNEY DEFENDANT(S) SERVE AT SPECIAL INSTRUCTIONS COURT TERM AND NUMBER SHERIFF'S NUMBER DISTRICT ~;~ SUMMONS D COMPLAINT [~ OTHER TYPE OF ACTION TO BE OOMM[.EI'~D ~Y :M[~I~ Served and made known to , 19 , at o'cfeck .M., at Street, County of Philadelphia, Comnmnwealth of Pennsylvania, in the manner described below: ~ Defendant(s) personally served. r--1 Adult family member with whom said Defendant(s) reside(s). Relationship is r---I Adult in charge of Defendant's residence who refused to give name or relationship. [~1 Manager/Clerk of place of lodging in which Defendant(s) reside(s). ~ Agent or person in charge of Defendant's office or usual place of business. ~ and officer of said Defendant company. ~1 Other SHERIFF JOHN D. GR;EN Onthe day of , lg Defendant not found BECAUSE: D Moved D Unknown [~ No Answer 8y , Defendant(s) on the day of DEPUTY SHERIFF at o'clock, D vacant r~ other SHERIFF JOHN D. GREEN By DEPUTIZED SERVICE DEPUTY SHERIFF Now, the~'77'/~ day of do hereby deputize the Sheriff of to serve this ~ Summons r-"l Complaint and according to Law. , '~t,~ I , I, Sheriff ~,)Philadelphia County, Pennsyh/ania County, ,/~,/~l_ and make return thereof SHERIFF JOHN D. GREEN TO BE COMPLETED BY ATTORNEY Address "~I"5 ~). ~,,,n' %~... ' I-h,~z.~,~.~... DA 1'/~ Io Telephone Number {'1' t-'/'~ Z'~- Identification Number Represents: F~ Plaintiff(s) '"~(--E-..~--'t' ~ Defendant(s) ~ Other TO BE COMPLETED BY PROTHONOTARY AT3EST A'n'EST PRO PROTHY SEP 1 ? 2001 5-21 (Rev. 11/87) PROTHONOTARY'S COPY ~HERIFF'$ RETURN OF SERVICE - PHILADELPHIA CO. (Ptease prepare separate "Return" Form for each Defendant to be served by Sheriff. If you desire a copy of this "Return" mailed to you, please attach self-addressed, stamped envelope for each separate address where service is required.) TO BE COMPLETED BY AI'rORNEY PLAINTIFF DEFENDANT(S) SERVE AT SPECIAL INSTRUCTIONS SHERIFF'S NUMBER CO~T MILEAGE DISTRICT ~ SUMMONS r--] COMPLAINT OTHER TYPE OF ACTION , EPUTIZE TO BE CO.IL=TED BY SHERIFF Served and made known to , Defendant(s) on the , 19 , at o'clock .M., at Street, County of Philadelphia, Commonwealth of Pennsylvania, in the manner described below: r~l Defendant(s) personally served. r~ Adult family member with whom said Defandant(s) reside(s). Relationship is r~ Adult in charge of Defendant~ residence who refused to give name ar relationship. I I Manager/Clerk of place of lodging in which Defendant(s) reside(s). I I Agent or person in charge of Defendant% office or usual place of business. I I and officer of said Defendant company. I I Other day of SHERIFF JOHN D. GREEN By On the day of , 19 , at Defendant not found BECAUSE: ~ Moved [~ Unknown D No Answer r'-I Vacant do hereby deputize the Sheriff of to serve this [~] Summons end according to Law. DEPUTY SHERIFF D Other SHERIFF JOHN D. GREEN By¸ DEPUTY SHERIFF DEPUTIZED SERVICE I~ Complaint [~ Other , ~.~e, ( , l, Sheriff of Philadelphia County, Pennsylvania County, and make return thereof SHERIFF JOHN D. GREEN TO SE COMPLETED BY ATfORNEY Address "~;13 I~. ~'~* &.~. ,' '~,~..~...~',.,z...&; F~ I~uO Telephone Number ('/11~ "/.%~'1- '~Z.~ Identification Number '~ O'/"7. Represents: ~ Plaintiff(s) ~ Defendant(s) i---I Other TO SE COMPLETED BY PROTHONOTARY A1TEST ATTEST P F¥'Y oo 5-21 (Rev. 11/87) PROTHONOTARY'S COPY §HFRIFF'8 RFTURN OF BERVICE - PHILADELPHIA CO. (Please prepare separate "Return" Form for each Defendant to be served by She~. If you desire a copy of this "Return" mailed to you, please at~ach self-addressed, stamped envelope for each separate address where service is required.) TO BE COMPLETED BY ATTORNEY PLAINTIFF DEFENDANT(S) SERVE AT SPECIAL INSTRUCTIONS COURT TERM AND NUMBER Ovt C SHERIFF'S NUMBER GO~T MILEAGE DISTRICT ~ SUMMONS [~ COMPLAINT r'~ OTHER TYPE OF ACTION TO BE CO/,~LETED BY SHI~RIFF Sewed and made known to , Defendant(s) on the , 19 , at o'cfe<~ .M., at Street, County of Philadelphia, Commonwealth of Pennsylvania, in the manner described below: ~ Defendant(s) personally served. r-II Adult family member with whom said Defendant(s) reside(s). Relationship is [~ Adult in charge of Defendant's residence who refused to give name or relationship. ~ Manager/Clerk of place of lodging in which Defendant(s) reside(s). ~ Agent or person in charge of Defendant's office or usual place of businan..s. ~ and officer of said Defendant company. ~ Other day of SHERIFF JOHN D. GREEN By DEPUTY SHERIFF Onthe day of , 19 , at Defendant not found BECAUSE: o'clock, .M., Moved r'"l unknown D No Answer Vacant [~1 Other SHERIFF JOHN D. GREEN By DEPUTY SHERIFF DEPUTIZED SERVICE NOW, the /~-,a,, day of c~'~', do hereby deputize the Sheriff of ~.u ~ &~ .r*/a*r~ m serve this [~] Summons [~ Complaint [~] Other and according to Law. SHERIFF JOHN D. GREEN , 11~~:~/ , l, Sheriff of Pj~a. delphia County, Pennsylvania County, and make return thereof TO BE COMPLETED BY ATrORNEY Address Telephone Number ('/,-~ ~ ?_'~ -~'~ [~' Identification Number Represents: ~ Plaintiff(s)'~(.,,~:p_.-./ ~('~-c~(- A~b ~-----P, 6~.WL ~_'r_.~- r-'l Defendant(s) r~l Other 5-21 (Rev. 11/87) DEPUTY ~iJ~'ERIFll/ TO BE COMPLETED BY PROTHONOTARY A'TTEST A '"~'"1'"1',-~,,~ SEP 1 ? 2001 ~P PROTHONOTARY'S COPY SHERIFF'S RETURN' OF SERVICE - PHILADELPHIA CO. COURTTE,M ^ (Please prepare separate "return" Form for each Defendant to be served by Sheriff. if you ~,~ desire a copy of this "Return" mailed to you, please attach self-addressed, stamped enve- lope for each separate address where service is required.) TO BE COMPLETED BY A'FrORNEY SHERIFF'S NUMBER ; MILEAGE )EFENDANT(S) ~ ~'O"-~A~.O~ "~"0,~..~(~ ('~- b. ~/ '~ [] Summons [] Complaint ~ [] Other:_ SERVE AT ~"~ Z ';~ ~0-0 ~,.1~'~ 2~$~ ~'r~-~-~"l't ~ '~*c.~ ~- *~0~ TYPE OF ACTION TO BE COMPLETED BY SHERIFF Served and made known to , Defendant(s) on the day of ,20 at o'clock --.M. at phia, Commonwealth of Pennsylvania, i~ the manner described below: Street, County of Philadel- [] Defendant(s) personally served. [] Adult family member with whom said Defendant(s) reside(s). Relationship is [] Adult in charge of Defendant's residence who refused to give name or relationship [] Manager/Clerk of place of lodging in which Defendant(s) reside(s). [] Agent or person in charge of Defendant's office or ussal place of business. [] Other. and officer of said Defendant company, SHERIFF JOHN D. GREEN By Deputy Sheriff On the day of ,20 , at., o'clock --.M. Defendant not found because: [] Moved [] Unknown [] No Answer []Vacant []Other: SHERIFF JOHN D. GREEN By DepuO/ Sheriff DEPUTIZED SERVICE Now, the /~'~- day of '~ ~ . 20 ~11 , I, Sheriff of Iphia County, Pennsylvania, do hereby deputize the Sheriff of el,' ,~ ~'"'Z~ O/ County, P~..e serve this [] Summons [] Complaint [] Other: . to and according to Law. and make return thereof SHERIFF JOHN D. GREEN TO BE COMPLE~.u BY ATTORNEY TO BE COMPLETED BY PROTHONOTARY Telephone Number ("/J~ ~ "Z'~'~- Identification Number ~'~ (o0'7 '7_ ATTEST [] Plaintiff(s) 'T-~.,,~, ~'~r-,u(~ ~-~) (~c--~z.~.-/ ~"c~:~ ~: REISSUE PRO.PROTHY [] Defendant(s) [] Other ~'~0 DATE PROTHONOTARY'S COPY SHERIFF'S RETURN'OF SERVICE - PHILADELPHIA CO. (Please prepare s~parate 'return" Form for each Defendant to be served by Sheriff. If ou destre a copy of th~s "Return" mailed to you, please attach self-addressed stamped enYv(e- lope for each separate address where service s required.) TO BE COMPLETED BY ATTORNEY Terry Kline and Cheryl Kline, husband and wift COURT TERM AND NUMBER SHERIFF'S NUMBEP~ COST MILEAGE Good Hope Family Physicians, P.CF ~ 1830 Good Hope Road, Enola, PA 17025 DISTRICT Summons [] Complaint Other: __ TYPE OF ACTION Civil Action - Law TO BE COMPI SHERIFF Served and made known to ,20 , at o'clock __.M. at. phia, Commonwealth of Pennsylvania, in the manner described below: [] Defendant(s) personally served. [] Adult family member with whom said Defendant(s) reside(s). Relationship is [] Adult in charge of Defendant's residence who refused to give name or relationship. [] Manager/Clerk of place of lodging in which Defendant(s) reside(s). [] Agent or person in charge of Defendant's office or usual place of business. [] Other and officer of said Defendant company. , Defendant(s) on the day of Street, County ~of Phi adel- SHERIFF JOHN D. GREEN By Deputy Sheriff On the day of 20. []Moved []Unknown []NoAnswer []Vacant []Other: o'clock --.M. Defendant not found because: SHERIFF JOHN D. GREEN By Deputy Sheriff Now, the /~772~ day of DEPUTIZED SERVICE . 20 0 1 , I, Sheriff of ~.a,~lphia County, Pennsylvania, do hereby County, ~ to deputize the Sheriff of serve this [] Summons and according to Law. [] Complaint [] Other: TO BE COMPLETED BY ATTORNEY Name Charles W. M~r;~r : Address ~K1 ~ N. Prnnf .qf..' Telephone Number (71 7) 2~4-7R2R Identification Number ~ E 0 7 2 Represents: ~ Plaintiff(s) ~erry Klin~ a~d ~h~ry] ~ De~ndant(s) ~ Other and make return thereof SHERIFF JOHN D. GREEN 5-21 (Rev 7100) Kllne TO BE COMPLETED BY PROTHONOTARY A~FrEST ATTEST PRO PROTHOhO~I~,~' pi~EISSUE O. PROTH¥ PROTHONOTARY'S COPY C.P. 66 -1/2 SHERIFF'S RETURN OF SERVICE - PHILADELPHIA CO. (Please prepare separate "Return" Form for each Defendant to be served by Sheriff. If you desire a copy of this "Return" mailed to you, please attach self-addressed, stamped envelope for each separate address where service is required.) TO BE COMPLETED BY ATTORNEY PLAINTIFF SPEC~L INSTRU. CTIONS CO(JRT TERM AND NUMBER ~ SUMMONS [~ COMPLAINT [~ OTHER TYPE OF ACTION TO BY SHERIFF Sewed and made known to , Defendant(s) on the day of , 19 , at o'dcc~ Street, County of Philadelphia, Commonwealt~ of Pennsylvania, in the manner described below: I' I Defendant(s) personally served. r--J Adult family member with whom said Defendant(s) reside(s)· Relationship is r'~ Adult in charge of Defendant's residence who refused to give name or relationship, I I Managar/Clerk of place of ledging in which Defandant(s) reside(s). I I Agent or pemon in charge of Defandant's office or usual place of business. I J ~' 1 Other and officer of said Defendant company, On the day of SHERIFF JOHN D. GREEN .,* ? By. ~ ~ DEPUTY SHERIFF Defendant not found BECAUSE: r"-I Moved r~ Unknown [~ No Answer ._~ 19 . at ~ Vacant r--I Other SHERIFF JOHN D. GREEN By__ DEPUTIZED SERVICE NOW, the ~ day of ~ do hereby deputize the Sheriff of ~--,.~Z,-../.~ ,,., a/ to serve this ~ Summons [~] Complaint ~ {~her and according to Law, TO BE COMPLETED BY ATTORNEY Name Address Telephone Number Identification Number Represents: ~ Plaintiff(s) r-I Defendant(s) ~ Other 5-21 (Rev. 11/87) o'clock, ~ "I , .M., DEPUTY SHERIFF , '~.,O~l , I, Sheriff of ~a,,~lphia County, Pennsylvania County, and make return thereof SHERIFF JOHN D. GREEN By __ DE~ TO BE COMPLETED BY PROTHONOTARY ATTEST SEP 1 7 200! R~:z~'§UE PRO. PROTHY PROTHONOTARY'S COPY C.P. 66 -1/2 COURT TERM AND NUMBER SHERIFF'S RETURN OF SERVICE - PHILADELPHIA CO. (Pleas% prepare sept[ate "Return' Form for each Defendant to be ,served by Sheriff. If you desire a copy of this "Return" mailed to you, please 'attach self-addressed, stamped envelope for each separate address where service is required.) ~ ~Y"~I'7~-~ ~' TO BE COI~LETED BY AI'FORNE¥ PLAiNTiFF i (~" DISTRICT DEFENDANT{S) ~) ~ SUMMONS [~ COMPLAINT SPECIAL INSTRUCT)ONS , ~ Defendant(s) on the da~ of Served and made known to ' , 19 , at o'clock .M., at Street, County of Philadelphia, Commonwealth of Pennsylvania, in the manner described below: ~ Defendant(s) personaltY served. '=:~ . I I Adult fatuity member with whom said Defendant(s) reside(s). Relationship is - ~ Adult in charge of Defendant's residence who refused to give name or relatfenship. I I Manager/Clerk of place of lodging in which Defendant(s) reside(s}. · r~ Agent or person in charge of Defendant's office or usual place of b~irmss. I I and officer of said Defendant company. ;- [~1 Other SHERIFF JOHN D. GREEN By DEPUTY SHERIFF Onthe day of , lg , at o'clock, .M., Defendant not found BECAUSE: ~ Moved [~] Unknown ~ No Answer [~] Vacant ~ Other SHERIFF JOHN D. GREEN By DEPUTY SHERIFF CEpui~£~D SERVICE Now, the /~;~7.'/z''' day of ~.~'~o~'. , ~l. Oe! , I, Sheriff o,~t~delphla County, Pennsylvania do hereby deputize the Sheriff of ~'~u~J~.-/~ *~,~ County, to serve this ~ Summons [~ Complaint [~] Other; and make return thereof and according to Law. SHERIFF JOHN D, GREEN DEPI~J~? SHEI~/FF Telephone Number {'/~'~'~ ?_'5~4 - T~Z.'~ ' p~l~ Identification Number '~,(~"/?-- SEP 1 ? Z001 Represents: r~ Defendant(s) (~x q ~J~ PRO,PROTHY I"-] Other 5-21 (Rev. 11/87) PROTHONOTARY'S COPY SHERIFJ='S RETURN OF SERVICE - PHILADELPHIA CO. (Please prepare sel~arate "return" Form for each Defendant to be served by Sheriff. If you desire a copy of this "Return" mailed to you, please attach self-addressed, stamped enve- lope for each separate address where service is required.) PLAINTIFF TO BE COMPLETED BY ATTORNEY DEFENDANT(E) COURT TERM AND N MBER COST MILEAGE DISTRICT [] Summons [] Other: ;ERVE AT ~.~=~ TYPE OF ACTION SPECIAL INSTRU~?NS TO BE COMPLETED BY SHE~FF ~ Served and made known to ., 20 at o'clock __.M. at phia, Commonwealth of Pennsylvania, in the manner described below: [] Defendant(s) personally served. [] Adult family member with whom said Defendant(s) reside(s). Relationship is [] Adult in charge of Defendant's residence who refused to give name or relationship. [] Manager/Clerk of place of lodging in which Defendant(s) reside(s). [] Agent or person in charge of Defendant's office or usual place of business. [] and officer of said Defendant company. [] Other SHERIFF JOHN D. GREEN By ., Defendant(s) on the day of Street, County of Philadel- Deputy Sher/ff On the day of 20 [] Moved [] Unknown [] NO Answer []Vacant []Other: , at o'clock __.M. Defendant not found because; ' SHERIFF JOHN D. GREEN By Deputy Sheriff DEPUTIZED SERVICE Now, the //~'~' day of deputize the Sheriff of serve this [] Summons [] Complaint [] Other: and according to Law. Name Address Telephone Number Identification Number Represents: ~ Plaintiff(s) [] Defendant(s) [] Other 5-21 (Rev 7100) , 20 ~',/ , I, Sheriff of Philadetphia County, Pennsylvania, do hereby County, ,~'~- , tO and make return thereof SHERIFF JOHN D. GREEN TO BE COMPLETED BY A'n'ORNEY TO BE COMPLETED BY PROTHONOTARY ATTEST rEST F~o PROTHONOTARY ISSUE PRO. PROTh~ DATE PROTHONOTARY'S COPY SH. ERIFF'S RETURN OF SERVICE - PHILADELPHIA CO. (Please prepare separate "return" Form for each Defendant to be served by Sheriff. If you desire a copy of this "Return' mailed to you, please attach self-addressed, stamped enve- lope for each separate address where service is required.) TO BE COMPLETED BY ATTORNEY PLAINTIFF COURT TERM AND NUMBER DEFENDANT(S) / TO BE COMPL~ETED BY SHERIFF SHERIFF'S NUMBER COST MILEAGE DISTRICT ~' Summons [] Complaint [] Other: TYPE OF ACTION Served and made known to ,20 , at o'clock __.M. at phia, Commonwealth of Pennsylvania, in the manner described below: [] Defendant(s) personally served. [] Adult family member with whom said Defendant(s) reside(s). Relationship is [] Adult in charge of Defendant's residence who refused to give name or relationship. [] Manager/Clerk of place of lodging in which Defendant(s) reside(s). [] Agent or person in charge of Defendant's office or usual place of business. [] and officer of said Defendant company. [] Other , Defendant(s) on the. day of Strpet, County of Philadel- SHERIFF JOHN D. GREEN By On the day of ,20 []Moved []Unknown []NoAnswer []Vacant []Other: at o'clock __.M. Defendant not found because: SHERIFF JOHN D. GREEN By DEPUTIZED SERVICE NOW, the /~'~* day of deputize the Sheriff of ~'~' ~'"" serve this [] Summons [] Complaint [] Other: and according to Law. 20 ~1 I I, Sheriff of P~delphia County, Pennsylvania, do hereby County, ~ , to and make return thereof SHERIFF JOHN D. GREEN ~ ~outy Sher/f! TO BE COMPLETED BY ATTORNEY Telephone Number Identification Number Represents: [] Plaintiff(s) [] Defendant(s) [] Other TO BE COMPLETED BY PROTHONOTARY ATTEST. 5-21 (Rev 7100) AT'rEST REISSUE PROTHONOTARY'S COPY SHERIFi;'S RETURN OF SERVICE - PHILADELPHIA CO. I (Please'' prepare seporate "re~urn" Form for each Defendant to be served by Sheriff. If you I desire a copy of this "Return mailed to you, please attach self-addressed, stamped enve- I lope for each separate address where service is required.) TO BE COMPLETED BY ATTORNEY PLAINTIFF )EFENDANT(S) COURT TERM AND NUMBER SHERIFF'S NUMBER COST MILEAGE DISTRIC3' [] Summons [] Complaint [] Other: TYRE OF ACTION TO BE COMP(.ETED BY SHERIFF ~'~ ~ 5 ~.~ Served and made known to ., 20 , at o'clock __.M. at phia, Commonwealth of Pennsylvania, in the manner described below: [] Defendant(s) personally served. [] Adult family member with whom said Defendant(s) reside(s). Relationship is [] Adult in charge of Defendant's residence who refused to give name or relationship. [] Manager/Clerk of place of lodging in which Defendant(s) reside(s). [] Agent or person in charge of Defendant's office or usual place of business. [] and officer of said Defendant company, [] Other Defendant(s) on the day of Street, County of Philadel- SHERIFF JOHN D. GREEN By On the day of : 20 [] Moved [] Unknown [] No Answer [] Vacant [] Other: , at o'clock __.M Defendant not found because: SHERIFF JOHN D. GREEN By Deputy Sheriff DEPUTIZED SERVICE Now, the deputize the Sheriff of {~ ~,r-~ ~,~ serve this [] Summons [] Complaint [] Other: and according to Law. TO BE COMPLETED BY ATTORNEY 20q) , I, Sheriff of Philadelphia County, Pennsylvania, do hereby County, ~)1~- ., to and make return thereol SHERIFF JOHN D. GREEN TO nE COMPLETED nY PROTHONOTARY Telephone Number ( ~H - "r~ Identification Number ~'~ ~) '7~ Represents: [] Plaintiff(s) "~C.~J~'"~ ~"t-~-.-~ ~' [] Defendant(s) [] Other ArrEST ATTEST 5-21 (Rev. 7100) PROTHONOTARY'S COPY ABRAHAMS, LOEWENSTEIN & BUSHMAN, P.C. BY: MEYER A. BUSHMAN, ESQUIRE; IRA W. BUSHMAN, IDENTIFICATION NO. 02691; 36704 ONE LIBERTY PLACE 1650 MARKET STREET, SUITE 3100 PHILADELPHIA, PA 19103-7392 (215) 561-1030 ESQUIRE Attorneys for Temple University Hospital, Temple University Health System and Satoshi Furukawa, M.D. TERRY KLINE and CHERYL KLINE, H/W VS. TEMPLE UNIVERSITY HEALTH SYSTEM; INC., TEMPLE UNIVERSITY HOSPITAL, ~ SATOSHI FURUKAWA, M.D., JOSE GARCIA, M.D., VICTOR LI, M.D., GORDON MOREWOOD, M.D., PAUL FEDALEN, M.D., GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., CATHLEEN SANGILLO, M.D. PINNACLE HEALTH SYSTEM, HARRISBURG HOSPITAL, WILLIAM BACHINSKY, M.D., GREGORY KEAGY, D.O., EDUARDO JORGE, M.D., CAPITAL AREA CARDIOVASCULAR SURGICAL iNSTITUTE, COURT OF COMMON PLEAS PHILADELPHIA COUNTY AUGUST Term, 2001 NO. 1735 RIVERSIDE ANESTHESIA ASSOCIATES, LTD., JEFFRY JONES, M.D., MOFFITT, PEASE & LIM, and ~ FELIX GUTIERREZ, M.D. -~ ~ / TO THE PROTHONOTARY: ~ ~ ~r~ Kindly enter our appearance on behalf of defendants, Temple L~rli4~tospital, Temple University Health System and Satoshi Furukawa, M.D., only in the above-caption~:~matter:' R d, BY: ~ '~ ~ Mey~ ~.Bushman, Esquir~ Ira W l~shman, Esquire Atton ltl[for Defendants, Temple University Hospital, Tern 14~iversity Health System and Satoshi Furukawa, M.D. ABRAHAMS, LOEWENSTEIN & BUSHMAN, P.C. BY: MEYER A. BUSHMAN, ESQUIRE; IRA W. BUSHMAN, ESQUIRE IDENTIFICATION NO. 02691; 36704 ONE LIBERTY PLACE 1650 MARKET STREET, SUITE 3100 PHILADELPHIA, PA 19103-7392 (215) 561-1030 Attorneys for Temple University Hospital, Temple University Health System and Satoshi Furukawa, M.D. TERRY KLINE and CHERYL KLINE, H/W VS. TEMPLE UNIVERSITY HEALTH SYSTEM, 1NC., TEMPLE UNIVERSITY HOSPITAL, SATOSHI FURUKAWA, M.D., JOSE GARCIA, M.D., VICTOR LI, M.D., GORDON MOREWOOD, M.D., PAUL FEDALEN, M.D., GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., CATHLEEN SANGILLO, M.D. PINNACLE HEALTH SYSTEM, HARRISBURG HOSPITAL, WILLIAM BACHINSKY, M.D., GREGORY KEAGY, D.O., EDUARDO JORGE, M.D., CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE, RIVERSIDE ANESTHESIA ASSOCIATES, LTD., JEFFRY JONES, M.D., MOFFITT, PEASE & LIM, and FELIX GUTIERREZ, M.D. COURT OF COMMON PLEAS PHILADELPHIA COUNTY AUGUST Term, 2001 NO. 1735 ~- PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon plaintiffs to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. HMAN, P.C.~ A~~,T~ernple Uni,versity Hospital, T~rsRy Health System and Satosh~rukawa, M.D. ILE A COMPLAINT AND NOW, this~day of '~'~2001, a Rule is hereby entered upon plaintiffs to file a Complaint herein within twenty (20) days after service hereof or suffer the entxy of a Judgment of Non Pros. PROTHONOTARY SHERI~,.*'S RETURN OF SERVICE - PHILADELPHIA CO. COURT TERM AND NUMBER ,(Please prepare separate "Return" Fo~rm for each Defendant to be ~::~ u~J~ served by Sheriff. If you desi}'e a cor)y of this "Retum" mailed to you, please attach self-addressed, stamped envelope for each/.k~} ! O3 {"7 separate address where service is required.) PLAINTIFF DEFENDANT(S) DISTRICT SERVE AT ~O~ ~0~ ~ ~ TYPE OF ACTION TO BE ~L~ED BY SHERI~ Sew~ ~ made ~own to , De~n~t(s) on ~e ~ay of S~t, Coun~ of Phil=~elphia, Common~ of Pennsy~ani~, in ~e m~r ~ibed ~low: ~ Defenders) per~nally sewed, ~ Adult family mem~r with ~om ~d De~ndant(s) resides). Reta~ship is ~ Adult in ~ge of De~ndan~ r~{den~ who refus~ ~ g~e n~e or re;aUonship. ~ ~er/Clerk of pla~ of I~ging in which Defender(s) r~ide(s). ~ Agent or person in ~ge of De~ndan~s office or usual pla~ of busing. ~ ~ ~ ~ offi~r of ~Jd ~nd~t ~m~ny. '~ " q' SHERIFF JOHN D. GREEN _ . . ~ _z DEPU~ SHERIFF De~ndant not ~und B~U~E: ~ D un~n ~ No Answ~ ~ V~nt ~ O~er SHERIFF J~ GREEN DE~U~ SHERIFF DE~ED SERV~ N~, ~e day of , 19 , I, Sheriff of Philadelphia Count, Pennsy~ania do here~ deputize ~e She~ff of Count, to sewe mis ~ Summons ~ Compl~nt ~ ~ and m~e return ~ereo~ ~d a~rding to ~w. SHERIFF JOHN D. GREEN DEPU~ SHERIFF TO BE ~MPL~ED BY A~ORNEY TO BE ~MPLETED BY PROTHOHOTARY Telephone Numar (~ ~%~. ~ PRO~ROTHY Identification Num r~O7[ SEP ~epmsents: ~ ~fendent(s) ~ ~her 5-21 (Rev. 11/87) PROTHONOTARY'S COPY SHERIFF'S RETURN OF SERVIC~ - PHILADELPHIA CO. (Please prepare sepe,,r, ate "return" Form for each Defendant to be served by Sher ff ~f you des re a copy of this Return" mailed to you, please attach self-addressed, stamped enve- lope for each separate address where service is required.) TO BE COMPLETED BY A'I'rORNEY Terry Kline and Cheryl Kline, husband and wife' DEFENDANT(S) Paul Fedalen~ M.D. SERVE AT 1801 North Broad Street, Philadelphia, PA 19122 SPECIAL INSTRUCTIONS C6URT TERM AND NUMBER DISTRICT [] Summons [] Complaint [] Other: TYPE OF ACTION Civil Action - Law TO BE COMPLETED BY SHERIFF Served and made known to ., 20 . at o'clock __.M. at phia, Commonwealth of Pennsylvania, in the manner described below: [] Defendant(s) personally served. [] Adult family member with whom said Defendant(s) reside(s). Relationship is [] Adult in charge of Defendant's residence who refused to give name or relationship. [] Manager/Clerk of place of lodging in which Defendant(s) reside(s). [] Agent or person in charge of Defendant's office or usual place of business. [] and officer of said Defendant company. [] Other · Defendant(s) on the day of Street, County of Philadel- 20 d/ ~ at SHERIFF JOHN D, GREEN By Deputy Sheriff o'clock __.M. Defendant not found because: SHERIFF JO~. GREEN Ey Deputy he C~-~ day of ~17'~ oved [] Unknown [] No Answer [] Vacant []Other: DEPUTIZED SERVICE Now, the day of deputize the Sheriff of serve this [] Summons [] Complaint and according to Law. [] Other: ,20 . I, Sheriff of Philadelphia County, Pennsylvania, do hereby County, to and make return thereof SHERIFF JOHN D. GREEN TO BE COMPLETED BY ATTORNEY By Name Charles W. Marsar, Jr. r Esquire Address 3513 North Front St.t Harrisburg, PA 1711 Identification Number S ~ ~ ~ ~ Represents: Defendant(s) ~ Other 5-21 (Rev 7100) AT'rEsT ATTEST ~'~' ~, · .... ~6 I~RO~'r~I~TA R Y REISSUE PRO. PROTHY DATE PROTHONOTARY'S COPY C.P. 66 -1/2 SHERIFF'S RETURN OF SERVICE - PHILADELPHIA CO. COURT TERM AND NUMBER (Please prepare separate "Ret~n" Form for each Defendant to be )~i~Z~U~J/ served by Sher~f. If you desire a co~ of this "Retum" mailed to you, please attach self-addressed, stam~d envelo~ for each ~ OO separate address where sewice is required.) TO BE ~MPL~ED BY A~ORNEY I ' NU ER DEFENDANT(S) DISTRICT SERVE AT TYPE OF A~ION TO BE ~L~D BY 5HERI~ Strut, ~un~ of~hila~lphia, Com~n~al~ of Pennsy~ia, in ~e manor ~ibed ~1~: ~ Defender(s) personally ~wed. ~ Adult family mem~r wi~ ~om ~id De~nd~t(s) r~ide(s). Relationship is - . ~ Adult in charge of Defendanfs r~iden~ who re~s~ ~ g~e n~e or relationship.~ ~ ~nager/Clerk of pla~ of I~ging in whi~ Defend~t(s) r~ide(s). ~ ~ Agent orperson in charge of De~nd~s offi~ or usual pla~ of busin~. ~~ ~ O~er SHERIFF JOHN D. GREEN DEPU~ SHERIFF~ OnCe day of , 19 ~ at o'd~, c.~ .M., ~ndant not found BECAUSE: ~ Moved D un~n ~ No An~er D v~nt ~ ~her SHERIFF JOHN D. GREEN By DEPU~ SHERIFF DEP~ SERVICE Now, ~e day of , 19 , I, Sheriff of Philadelphia ~un~, Pennsylvania do hereby deputize the Sheriff of Count, ~ se~e ~is ~ Summons ~ ~mplNnt ~ O~r and make return thereo~ ~d a~rding ~ ~w. SHERIFF JOHN D. GREEN DEPU~ SHERIFF TO BE ~MPL~EB BY A~ORNEY TO BE ~MPL~ED BY PROTHONOTARY Telephone Number (~ Z~- ~ ' PRO Identification Number ~0~[ Represents: ~ ~olondant(s) 5-21 (Rev. 11/87) PROTHONOTARY'S COPY SHERIFF'S RETURN OF S~RVICE - PHILADELPHIA CO. COUnT TEnM,~ANO NUMsEn prepare separate "return" Form for eac'h Defendant to be served by Sheriff. If you (Please desire a copy of this "Return" mailed to you, please attach seE-addressed, stamped any'e- lope for each separate address where service is required.) TO BE COMPLETED BY A'rFORNEY PLAINTIFF Terry Kline and Cheryl Kline,husband wife ~EFENDANT(S) Temple University Health System, Inc. ~ERVE AT 801 North Broad Street, Philadelphia, / · .TO BE COMPLETE . ~'~S.HE.I:~F~ Served a~Y~.~e known to /~q~'/ (-t~'4'H~ ~'~/~l~efendant(s)on the 20.O.2__, at /./ o'clock ~7-..M. at ' ''J ' phie, C~mm~l{~ealth of Pen~sylvania, in the manner described below: [] Summons [] Complaint [] Other: TYPE OF ACTION PA 19122 Civil Action - Law ~'Q'"('-- day of Street, County of Philadel- [] Defendant(s) personally served. [] Adult family member with whom said Defendant(s) reside(s). Relationship is [] Adult in charge of Defendant's residence who refused to give name or relationship. Aganager/Clerkof place of lodging in which Defendant(s)reside(s). ~.~ ant or person in charge of Defendant's office or usual place of business. Defendant'"'/'~'"com''tA~'z '~a~y.' '--(~r ----- [] and officer of said [] Other SHERIFF JOHN D. G~EEN Deputy Sheriff On the day of ., 20 ~ at o'clock __.M Defendant not fou~ because: []Moved []Unknown []NoAnswer []Vacant []Other: SHERIFF JOHN D. GREEN By D~u6' Sheriff DEPUTIZED SERVICE Now, the day of deputize the Sheriff of serve this [] Summons [] Complaint end according to Law. [] Other: ,20 I, Sheriff of Philadelphia County, Pennsylvania, do hereby County, to and make return thereof SHERIFF JOHN D. GREEN TO BE COMPLETED BY ATFORNEY Name Charles W. Marsar, Jr., Esquire Address 3513 North Front Street, Harrisburg, Telephone Number(717 ) 234-7828 Identification Number ;5 ~) L) 7 ~ Represents: ~ Plaintiff(s)Terr~ Kline and Cheryl Kline [] Defendant(s) [] Other Sy Deputy Sheriff TO BE COMPLETED BY PROTHONOTARY 5-21 (Rev 7/00) PA 17 it: T 10 ATTEST SE'P 1 ? 2001 PRO DATE PROTHONOTARY'S COPY (Please prepare separate return Form for each Defendant to be served by Sheriff. If you desire a copy of this "Return" mailed to you, please attach self-addressed, stamped enve- lope for each separate address where service is required.) TO BE COMPLETED BY ATTORNEY PLAINTIFF ~i fe~ Terry Kline and Cherly Kline, husband and CO U F~T T E R ~ ~[~ ~ ~ ~ OD r"/~' S H EPj~F, JS NUMBER DEFENDANT(S} Temple University Hospital IDISTRICT ~ Summons [] Complaint I[--I Other: TYPE OF ACTION ~Civil Action - Law 1801 North Broad Street, Philadelphia, PA 191 SPECIAL INSTRUCTIONS TO B.E COMP, kETEO/~Y SHEIEilF]~ reet, of Philadel- [] Defendant(s) personally served. [] Adult family member with whom said Defendant(s) reside(s). Relationship is [] Adult in charge of Defendant's residence who refused to give name or relationship. ,~ [~z Manager/Clerk of place of lodging in which Defendant(s) reside(s). ~/~.~ ~ ~ Agent or person in charge of Defendant's office or usual place of business. ~'"'~"~. [] and officer of said Defendant company. [] Other SHERIFF JOHN D. GREEN By Deputy Sheriff On the day of ,20 . at []Moved []Unknown []NoAnswer []Vacant []Other: o'clock __.M. Defendant not fou~3beca~se: SHERIFF JOHN D. GREEN By Depu(y Sheriff DEpUTIzED SERVICE Now, the day of deputize the Sheriff of serve this [] Summons [] Complaint and according to Law. [] Other: TO BE COMPLETED BY ATrORNEY ,20 , I, Sheriff of Philadelphia County, Pennsylvania, do hereby County, to and make return thereof SHERIFF JOHN D. GREEN By Deputy Sheriff~ TO BE COMPLETED~I~I:~:I~"~OTARY Name Charles W. Marsar_. Jr.: Esquire Address 3513 N. Front St,, Harrisburg~ PA 17110 Te~eph0neNumber (717) 234-7828 Identification Number 86072 Represents: Plaintiff(s) Defendant(s~'~.y [~ilzt~ and cheryl Kline [] Other 5-21 (Rev. 7/00} PROTHONOTARY'S COPY ATTEST SEP 1 7 001 p R~'~'R y DATE , R.J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 Facsimile: 17171 234-&883 Attorneys for Plaintiffs, Terry Kline and Cheryl Kline IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FERRY KLINE and CHERYL KLINE, Husband and wife, 220 Reeser Road Camp Hill, PA 17011 Plaintiffs :DOCKETNO. 001735 CIVIL VS. FEMPLE UNIVERSITY HEALTH SYSTEM, INC., t/d/b/a: TEMPLE UNIVERSITY HOSPITAL : ! 801 North Broad Street Philadelphia, PA 19122 TEMPLE UNIVERSITY HOSPTIAL 1801 North Broad Street Philadelphia, PA 19122 SATOSHI FURUKAWA, M.D. 1801 North Broad Street Philadelphia, PA 19122 JOSE GARCIA, M.D. 1801 North Broad Street Philadelphia, PA 19122 VICTOR LI, M.D. 1801 North Broad Street Philadelphia, PA 19122 GORDON MOREWOOD, M.D. 1801 North Broad Street Philadelphia, PA 19122 PAUL FEDALEN, M.D. 1801 North Broad Street Philadelphia, PA 19122 pRO pro GOOD HOPE FAMILY PHYSICIANS, P.C. 1830 Good Hope Road Enola, PA 17025 ERNESTJOSEF, M.D. 1830 Good Hope Road Enola, PA 17025 CATHLEEN SANGILLO, M.D. 1830 Good Hope Road Enola, PA 17025 PINNACLE HEALTH SYSTEM t/dfo/a HARRISBURG HOSPITAL 17 South Market Square Harrisburg, PA 17105 PINNACLE HEALTH HOSPITALS t/d/b/a HARRISBURG HOSPITAL 17 South Market Square Harrisburg, PA 17105 HARRISBURG HOSPITAL 17 South Market Square Harrisburg, PA 17105 WILLIAM BACHINSKY, M.D. 1000 North Front Street Harrisburg, PA 17043 GREGORY KEAGY, D.O. 423 North 21't Street Suite 301 Camp Hill, PA 17011 EDUARDO JORGE, M.D. 423 North 21~t Street Suite 301 Camp Hill, PA 17011 CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE 423 North 2 l*t Street Suite 301 Camp Hill, PA 17011 RIVERSIDE ANESTHESIA ASSOCIATES, LTD. 207 House Avenue Suite 102 Camp Hill, PA 17011 JEFFRYJONES, M.D. 207 House Avenue Suite 102 Camp Hill, PA 17011 MOFHTF, PEASE & LIM 1000 North Front Street Harrisburg, PA 17043 FELIX GUTIERREZ, M.D. 1000 North Front Street Harrisburg, PA 17043 Defendants 01 OCT I ? p~f 12:5 PRO PROTHy JURY TRIAL DEMANDED PREACIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF PHILADELPHIA COUNTY: Please re-issue Writ of Summons in the above-captioned action. __ Writ of Summons shall be re-issued and forwarded to (X) Attorney ( ) Sheriff Eharles W. Marsar, Ir., Esquire .3513 North Front Street Harrisburg, PA ! 7110 L7171 234-7828 Names/Address/Telephone No. of Attorney Supreme Court ID No..86072 Date: October 16 2001 MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I. D. No. 32646 MARGOLIS EDELSTEIN P.O. Box 932 Harrisburg, PA 17108-0932 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 FAD(: (717) 975-8124 Attorney for Defendants: Pinnacle Health System t/d/b/a Harrisburg Hospital; Pinnacle Health Hospitals t/d/b/a Harrisburg Hospital; and Harrisburg Hospital IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA TERRY KLINE and CHERYL KLINE, Husband and Wife, Plaintiffs TEMPLE UNIVERSITY HEALTH : SYSTEM, INC., t/d/b/a TEMPLE : UNIVERSITY HOSPITAL; TEMPLE : UNIVERSITY HOSPITAL; SATOSHI : FURUKAWA, M.D.; JOSE GARCIA, : M.D.; VICTOR LI, M.D.; GORDON : MOREWOOD, M.D.; PAUL FEDALEN, : M.D.; GOOD HOPE FAMILY : PHYSICIANS, P.C.; EP~NEST JOSEF, : M.D.; CATHLEEN SANGILLO, M.D.; : PINNACLE HEALTH SYSTEM t/d/b/a : HARRISBURG HOSPITAL; PINNACLE : HEALTH HOSPITALS t/d/b/a : HARRISBURG HOSPITAL; HARRISBURG : HOSPITAL; WILLIAM BACHINSKY, : M.D.; GREGORY KEAGY, D.O.; : EDUARDO JORGE, M.D.; CAPITAL : AREA CARDIOVASCULAR SURGICAL : INSTITUTE; RIVERSIDE ANESTHESIA : ASSOCIATES, LTD.; JEFFRY JONES, : M.D.; MOFFITT, PEASE & LIM; : FELIX GUTIERREZ, M.D., : Defendants : CIVIL ACTION - LAW DOCKET NO. 001735 AUGUST 2001 JURY TRIAL DEMA/~DED PRAECIPE TO ENTER APPEAR~.NCE TO THE PROTHONOTARY OF PHILADELPHIA COUNTY: Please enter our appearance on behalf of Defendants, Pinnacle Health System t/d/b/a Harrisburg Hospital, Pinnacle Health Hospitals t/d/b/a Harrisburg Hospital and Harrisburg Hospital, Date: in the above-captioned matter. MARGO I ED LS EIN ATTORNEYS FOR DEFENDANTS PINNACLE HEALTH SYSTEM t/d/b/a HARRISBURG HOSPITAL; PINNACLE HEALTH HOSPITALS t/d/b/a HARRISBURG HOSPITAL; AND HARRISBURG HOSPITAL Date: October 2001 MARGOLIS EDELSTEIN BY:"~~BANKO, JR. ATT~P_N~YS FOR DEFENDANTS PINNACLE HEALTH SYSTEM t/d/b/a HARRISBURG HOSPITAL; PINNACLE HEALTH HOSPITALS t/d/b/a HARRISBURG HOSPITAL; AND HARRISBURG HOSPITAL 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 ~_~ , 2001, and addressed as follows: Charles W. Marsar, Jr., Esquire R. J. Marzella & Associates, P.C. 3513 North Front Street Harrisburg, PA 17110 (Attorneys for Plaintiffs) Meyer A. Bushman, Esquire Ira W. Bushman, Esquire Abrahams, Loewenstein & Bushman, P.C. 1 Liberty Place 1650 Market Street, Suite 3100 Philadelphia, PA 19103-7392 (Attorneys for Temple University Health System, Inc., t/d/b/a Temple University Hospital; Temple University Hospital; and Satoshi Furukawa, M.D.) Jose Garcia, M.D. Victor Li, M.D. Gordon Morewood, M.D. Paul Fedalen, M.D. 1801 North Broad Street Phiiadelphla, PA 19122 william Bachinsky, M.D. 1000 North Front Street Harrisburg, PA 17043 Gregory Keagy, D.O. Eduardo Jorge, M.D. Capital Area Cardiovascular Surgical Institute 423 N. 21st Street, Suite 301 Camp Hill, PA 17011 Jeffrey Jones, M.D. 207 House Avenue, Suite Camp Hill, PA 17011 102 Moffitt, Pease & Lim Felix Gutierrez, M.D. 1000 North Front Street Harrisburg, PA 17043 Riverside Anesthesia Associates, Ltd. 207 House Avenue, Suite 102 Camp Hill, PA 17011 Good Hope Family Physicians, Ernest Josef, M.D. Cathleen Sangillo, M.D. 1830 Good Hope Road Enola, PA 17025 Secretary PHILADELPHIA OFFICE THE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SQUARE WEST PHILADELPHIA, PA 19106-3304 FAX 215-922-1772 PI'I-rSBURGH OFFICE 1500 GRANT BUILDtNG 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 SOX 932 HARRISBURG, PA 17108~932 STREET ADDRESS; 3510 TRINDLE ROAD CAMP HILL, PA 17011 717-975-8114 FAX 717-975-8124 October 12, 2001 DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA 19063 FAX 610-565-8318 NEW JERSEY OFFICE P.O. BOX 2222 216 HADDON AVENUE WESTMONT, NJ 08108-2886 856-858-7200 FAX 609-858-1017 SCRANTON OFFICE THE OPPENHEIM BUILDING 409 LACKAWANNA AVENUE SUITE 3C SCRANTON, PA 18503 570-342-423t FAX 570-342-4841 Joseph H. Evers, Prothonotary Philadelphia County Court of Common Pleas City Hall Broad and Market Streets Philadelphia, PA 19107 Kline v. Temple University Health System. Docket No. 001735 August 2001 Our File No. 57550.4-0045 et al. Dear Mr. Evers: Enclosed for filing please find a Praecipe to enter appearance on behalf of Defendants, Pinnacle Health System t/d/b/a Harrisburg Hospital, Pinnacle Health Hospitals t/d/b/a Harrisburg Hospital and Harrisburg Hospital in the above- captioned matter. In accordance with the Certificate of Service, a copy of the Praecipe has been served on all counsel of record and unrepresented Defendants. pOUrS, anko, Jr. cc: Ail Counsel and Defendants (with enclosure) SLBJr./bjs Enclosure *Certified as a Civil Trial Advocate by the National Board of Tdal Advocacy A Pennsylvania Supreme Court Accredited Agency FREDEKICA MAS S IAE-JACKSON PRESIDENT JUDGE COURT OF COMMON PLEAS PROTHONOTARY OF PHILADELPHIA ROOM 286 CITY HALL PHILADELPHIA PA 19107 Date: JOSEPH H EVERS PROTHONOTARY Dear Sir/Madam: /' I regret that I must retup/~ all the enclo.s'ures received from you. These papers are unacceptable for filing for the followC/g reasons:/ - ,)-- ~ 'o %b,e o ro ho o a. [] Wrong Court [] Term [] Number ] [ncompere or Incorrect caption [] Needs signature of Attorney for Plaintiff [] Needs affidavit [] Notarization required [] Refer to Rule [] Certification of address(es) needed [] Petition [] Order [] Defendant [] Approval of Court required [] Need Order to [] No service [] Docket entries required [] Forward to [] Number of copies required [] Need self-addressed stamped envelope ~T I I:' ,~nn.~ L. LANZILOTTI P?,O PFIOTH¥ [] .A'~ested copies enclosed . ~ ~ ~ J zt ~ Philadelphia, PA 19107. . ,~ ~ ~. t Pro~ GOLDFEiN & HOSMER BY: E. CHANDLER HOSMER IDENTIFICATION NO. 28499 1600 MARKET STREET 33rd FLOOR PHILADELPHIA, PA 19103-7288 (215) 979-8200 TERRY AND CHERYL KLINE JEFFRY JONES, M.D. AND RIVERSIDE ANESTHESIA ASSOC. et al. PHILADELPHIA COUNTY COURT OF COMMON PLEAS CIVIL TRIAL DIVISION AUGUST TERM, 2001 NO. 1735 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendants, JEFFRY JONES, M.D. AND RIVERSIDE ANESTHESIA ASSOCIATE~ _~in the above- capt loneo matter. Defendants respectfully demand a j w~lve . GOLDF~ S ER E. Cmim tE OS% Attorney f0~ Defendants Jeffry Jones, M.D. Riverside ~esthesia Associates GOLDFEIN & HOSMER BY: E. CHANDLER HOSMER IDENTIFICATION NO. 28499 1600 MARKET STREET 33rd FLOOR PHILADELPHIA, PA 19103-7288 (215) 979-8200 TERRY AND CHERYL KLINE V, JEFFRY JONES, M.D. AND RIVERSIDE ANESTHESIA ASSOC. et al. PHILADELPHIA COUNTY COURT OF COMMON PLEAS ClVIL TRIALDIVISION AUGUST TERM, 2001 NO. 1735 JURY TRIAL DEMANDED TO: Chades Marsar, Jr., Esquire R.J. Marzella & Associates 3513 North Front Street Harrisburg, PA 17110 DATE OF NOTICE: November 19, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. PHILADELPHIA BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION sERvIcE One Reading Center Philadelphia, PA 19107 215-238-6333 Chandler Hosmer~l GOLDFEIN & HOSMER 600 Market Street 33rd Floor Philadelphia, PA 19103 (215)979-8200 GERMAN, GALLAGHER & MURTAGH BY: John P. Shusted, Esquire Gregory S. Capps, Esquire IDENTIFICATION NO.: 44675/69175 THE BELLEVUE - SUITE 500 200 S. BROAD ST., 5TM FLOOR PHILADELPHIA, PA 19102 (215) 545-7700 ATTORNEYS FOR: Defendants, Gregory Keag~, D.O., Eduardo Jorge, M.D. and Capital Area Cardio- vascular Surgical Institute TERRY KLINE and CHERYL KLINE, h/w VS. TEMPLE UNIVERSITY HEALTH SYSTEM, : INC., t/d/b/a TEMPLE UNIVERSITY : HOSPITAL, ET AL : COURT OF COMMON PLEAS' PHILADELPHIA COUN~.~ ENTRY OF APPEARANCE ~ TO THE PROTHONOTARY: ~ ! ~ t · ~ i~ ~ Kindly enter our appearance on behalf of defendants, Gregc~y~a~, ~)K), Eduardo Jorge, M.D. and Capital Area Cardiovascular Surgical Institute, wt~ltl~e~al~, t~ ~e above captioned matter. I ~ GERMAN, GALLAGHER & MURTAGH BY: AUGUST TERM, 2001 NO.: 1735 John s. :193468-1 GERMAN, GALLAGHER & MURTAGH BY: John P. Shusted, Esquire Gregory S. Capps, Esquire IDENTIFICATION NO.: 44675/69175 THE BELLEVUE - SUITE 500 200 S. BROAD ST., 5TM FLOOR PHILADELPHIA, PA 19102 (215) 545-7700 TERRY KLINE and CHERYL KLINE, h/w ATTORNEYS FOR: Defendants, Gregory Keagy, D.O., Eduardo Jorge, M.D. and Capital Area Cardio- vascular Surgical Institute COURT OF COMMON ~EA~ PHILADELPmA COUN~ : AUGUST TERM, TEMPLE UNIVERSITY HEALTH SYSTEM, : NO.: 1735 fid/b/ TEMPLE UNIVERSITY · INC., a · HOSPITAL, ET AL : JURY TRIAL DEMAND TO THE PROTHONOTARY: Defendants, Gregory Keagy, D.O., Eduardo Jorge, M.D. and Capital Area Cardiovascular Surgical Institute, by and through their undersigned counsel, hereby demand a trial by jury in the above captioned matter. GERMAN, GALLAGHER & MURTAGH Gregory S. Capps :193471-1 GERMAN, GALLAGHER & MURTAGH BY: John P. Shusted, Esquire Gregory S. Capps, Esquire IDENTIFICATION NO.: 44675/69175 THE BELLEVUE - SUITE 500 200 S. BROAD ST., 5xH FLOOR PHILADELPHIA, PA lq102 (215) 545-7700 ATTORNEYS FOR: Defendants, Gregory Keagy, D.O., Eduardo Jorge, M.D. and Capital Area Cardio- vascular Surgical Institute TERRY KLINE and CHERYL KLINE, h/w : VS. : TEMPLE UNIVERSITY HEALTH SYSTEM, : INC., t/d/b/a TEMPLE UNIVERSITY : HOSPITAL, ET AL : PRAECIPE TO FILE COMPLAINT TO THE OFFICE OF THE PROTHONOTARY: COURT OF COMMON PLEAS PHILADELPItlA COUNTY AUGUST TERM 2001 Please enter a Rule upon plaintiffs to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. Gregory S. Capps Attorneys for Defendants RULE TO FILE COMPLAINT AND NOW, this /(,O~day of ~x?~3 k], 2001, a Rule is hereby granted upon plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry ora Judgment of Non Pros. ~ :193493-1 80442 STAHL & DeLAURENTIS, P.C. BY: STANLEY P. STAHL, ESQUIRE IDENTIFICATION NO.: 20880 SUITE 1830 ONE SOUTH BROAD STREET PHILADELPHIA, PA 19107 (215) 568-9225 ATTORNEY FOR DEFENDANT(S): William Bachinsky, M.D. and Moffitt Pease & Lim Plaintiff TERRY KLINE and CHERYL KLINE, h/w Defendant TEMPLE UNIVERSITY HEALTH SYSTEM, TEMPLE UNIVERSITY HOSPITAL, SATOSHI FURUKAWA, M.D., JOSE GARCIA, M.D., VICTOR LI, M.D., GORDON MOREWOOD, M.D., PAUL FEDALEN, M.D., GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., CAHTLEEN SANGILLO, M.D., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH HOSPITALS, HARRISBURG HOSPITAL, WILLIAM BACH1NSKY, M.D., GREGORY KEAGY, D.O., EDUARDO JORGE, M.D., CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE, RIVERSIDE ANESTHESIA ASSOCIATES, LTD., JEFFRY JONES, M.D., MOFFITT PEASE & LIM, and FELIX GUTIERREZ, M.D. ENTRY OF APPEA COURT OF COMMON PLEAS PHILADELPHIA COUNTY AUGUST TERM, 2001 NO.: 1735 TO THE PROTHONOTARY: Kindly enter my appearance on behalf of William Bachinsky, M.D. and Moffitt Pease & Lim, as defendants, with regard to the above-captioned action. A Jury of twelve (12) is hereby demanded. DATED: November 13.2001 80442/mdf BY: ~TIS, P.C. A~A~ttomeyEY P' STAHL' ESQUIRE for Defendants, William Bachinsky, M.D. and Moffitt Pease & Lim STAHL & DeLAURENTIS, P.C. BY: STANLEY P. STAHL, ESQUIRE IDENTIFICATION NO.: 20880 SUITE 1830 ONE SOUTH BROAD STREET PHILADELPHIA, PA 19107 (215) 568-9225 Plaintiff TERRY KL1NE and CHERYL KLINE, h/w Defendant TEMPLE UNIVERSITY HEALTH SYSTEM, TEMPLE UNIVERSITY HOSPITAL, SATOSHI FURUKAWA, M.D., JOSE GARCIA, M.D., VICTOR LI, M.D., GORDON MOREWOOD, M.D., PAUL FEDALEN, M.D., GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., CAHTLEEN SANGILLO, M.D., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH HOSPITALS, HARRISBURG HOSPITAL, WILLIAM BACHINSKY, M.D., GREGORY KEAGY, D.O., EDUARDO JORGE, M.D., CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE, RIVERSIDE ANESTHESIA ASSOCIATES, LTD., JEFFRY JONES, M.D., MOFFITT PEASE & LIM, and FELIX GUTIERREZ, M.D. ATTORNEY FOR DEFENDANT(S): William Bachinsky, M.D. and Moffitt Pease & Lim COURT OF COMMON PLEAS PHILADELPHIA COUNTY AUGUST TERM, 2001 NO.: 1735 80442 PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. DATED: November 13, 2001 S~TIS, P.C. BY: Attorney for Defendants, ? William Bachinsky, M.D. and Moffitt Pease & Lim RULE TO FILE COMPLAINT AND NOW, this ( ~. day of ~2001, aRule is hereby granted upon plaintiff to file a Complaint within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. BY THECOURT: 80442/mdf -2- IN THE MATTER OF: TERRY L. KLINE CERTIFICATE PRE_~..~.~TE TO SERVICE OF A SUBPO~EI~, ~.~. P~U]L~JT TO RULE 4009.~2 ........ CO~T OF CO~ON PLUS AUGUST TE~, 2001 -VS- CASE NO: 1735 TEMPLE UNIV. HEALTH SYSTEM, INC., ET AL. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of STEPHEN L. BANKO JR., 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 not~ce of intent to serve the subpoena. DATE: 12/13/2001 MCS on behalf Of~ . BANKO JR., ESql Attorney for DEFENDANT DEll-298260 78 5 5 6--LO1 CO~4}405VWqZALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA IN THE MATTER OF: TERRY L. LINE -VS- TEMPLE UNIV. HEALTH SYSTEM, INC., ET AL. C0U~T OF COI~40N PLEAS AUGUST TERM, 2001 CASE NO: 1735 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOC[mR~S AND 'ritlNGS FOR DISCoveRY PURSUANT TO RULE 4009.21 MEDICAL TO: CHARLES W. HARSAR, JR. ESQUIRE HEYER A. BUSBHAN, ESQUIRE HCS on behalf of STEPg~ L. BANKO JR., ESq. intends to serve a subpoena identical to the one that is attached to this notice. You have t~nty (20) days frma the date listed belo~ in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the t~enty day notice period is ~aived or if no objection is made, then the subpoena may be served. C~mplete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returnin$ same to HCS or by contacting our local HCS office. DATE: 11/23/2001 CC: STEP~ L. BANKO JR., ESQ. - 5755060045 MCS on behalf of STEPHEN L. BANKO JR., ESq. Attorney for DEFE~DAN~ Any questions regarding this matter, contact 'l'ltl~ HCS GROUP INC. 1601 MARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-171178 78556--C0'1 TERRY L. ~ COMMONWEALTH OF PENNSYLVAND% COUNTy OF PH ii,ADELPBVl, t TEMPLE UNIV. HEALTH SYSTEM, INC., ET AL. O'~NOAN? MCS 174371 COURT OF COMMON PLEAs AUGUST TERM, _2ool No.1735 SUBPOENA TO PRODUCE DOCUMENTS OR I'HIN(~x FOR DISCOVERY PURSUANT TO RULE 4009-~, TO:CUSTODIAN OF RECORDS FOR.~.I~NNE~t__IIARM JR. M.D. (Name of Person~ Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER. **** at: THE MCS GROUP INC., 1601 ~T STREET, (Address~---- You may deliver or mail legible copies of the documents or produce things requested by this sub- poena, together with thc 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 sub ena ,after its service, the party serving this sub-,~na may ~,..'- - . po within twent (20 da s ,~. v ....... ., ~ a court oraer compelling you to cYompl} w~th THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN L. BANKO JR., ESQ. DATE: 12/13/2001 ADDRESS;3510 TRINDLE RD. CAMPHILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID # A'VrORNEY FOR: DEFENDANT BY THE COURT:. Joseph tL Evers, Prothonotary SU02-537557 78556--L01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KENNETH HARM, JR., M.D. 1830 GOODHOPE ROAD GOOD HOPE FAMILY PC ENOLA, PA 17025 RE: 78556 TERRY L. KLINE Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: ~,.p to and including the present. Subject :TERRY KI.~NE 220 REESER ROAD, CAMP HILL, PA 17011 Social Security ~ 202-36-9368 Date of Birth: 10-16-1945 SU02-537558 78556--L01 GOLDFEIN&HOSMER BY: E. CHANDLER HOSMER IDENTIFICATION NO. 28499 1600 MARKET STP. EET 33rdFLOOR PHILADELPHIA, PA 19103-7288 (215) 979-8200 TERRY AND CHERYL KLINE v. JEFFRY JONES, M.D. AND RIVERSIDE ANESTHESIA ASSOC. et al. PHILADELPHIA COUNTY COURT OF COMMON PLEAS CIVIL TRIAL DIVISION AUGUST TERM, 2001 ~ NO. 1735 ~ PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Defendants, JEFFRY JONES, M.D. and RIVERSIDE ANESTHESIA ASSOCIATES, hereby requests this Court to enter a rule upon plaintiff to file a complaint within twenty (20) days or suffer the entry of a judgment of non pros. GOLDFEIN & HOSMER Attorney'for Defendants, Jeffry Jones, M.D. Riverside Anesthesia Associates RULE TO FILE COMPLAINT AND NOW, this day of , 2001, a rule is hereby entered upon plaintiff to file a complaint within twenty (20) days of receipt hereof or suffer the entry of a judgme, nt of non pros. GOLDFEIN & HOSMER BY: E. CHANDLER HOSMER IDENTIFICATION NO. 28499 1600 MARKET STREET 33rd FLOOR PHILADELPHIA, PA 19103-7288 (215) 979-8200 TERRY AND CHERYL KLINE V= JEFFRY JONES, M.D. AND RIVERSIDE ANESTHESIA ASSOC. et al. PHILADELPHIA COUNTY COURT OF COMMON PLEAS CIVIL TRIAL DIVISION AUGUST TERM, 2001 NO. 1735 JURY TRIAL DEMANDED PRAECIPE FOR JUDGMENT OF NON PROS TO THE PROTHONOTARY: Please enter judgment of non pros against the plaintiff and in favor of defendants, Jeffry Jones, M.D. and Riverside Anesthesia Associates, for failure to file a complaint within twenty days from the date of service of the Rule To File comPlaint. GOLDFE~N.,&~HOSMER BY: ~/~ -- E. Chandler Hosmer, III Dated: ~ROTHy GOLDFEIN & HOSMER BY: E. CHANDLER HOSMER IDENTIFICATION NO. 28499 1600 MARKET STREET 33rd FLOOR PHILADELPHIA, PA 19103-7288 (215) 979-8200 TERRY AND CHERYL KLINE Vo JEFFRY JONES, M.D. AND RIVERSIDE ANESTHESIA ASSOC. et al. PHILADELPHIA COUNTY COURT OF COMMON PLEAS CIVIL TRIAL DIVISION AUGUST TERM, 2001 NO. 1735 JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I hereby certify that a true and correct copy of the Rule to File Complaint along with my Entry of Appearance was served upon plaintiff on October 29, 2001, a Ten Day Notice of Default was served upon plaintiff on November 19, 2001 to the following: Charles Marsar, Jr., Esquire R.J. Marzella & Associates 3513 North Front Street Harrisburg, PA 17110 BY: GOLD~,EIbI~ & HOSMER E. Chandler Hosmer, III Attorney for Defendants CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Praecipe for Judgment of Non Pros of Defendants, Jeffrey Jones, M.D. and Riverside Anesthesia Associates, was served on counsel set forth below via regular mail on the below date. Charles Marsar, Jr., Esquire R.J. Marzella & Associates 3513 North Front Street Harrisburg, PA 17110 Meyer A. Bushman, Esquire Abrahams, Loewenstien & Bushman One Liberty Place, Suite 3100 1650 Market Street Philadelphia, PA 19103 Gary Brascetta, Esquire STAHL & DeLAURENTIS, P.C. Suite 1830 One South Broad Street Philadelphia, PA 19107 Michael M. Badowski, Esquire Badowski, Banko, Kroll, Kronthal and Baker 1010 Pine Street P.O. Box 932 Harrisburg, PA 17108 GOLDFEIN & HOSMER By:~/~ -'- _.~-_ __ E. CHANDLER HOSMER, III Attorneys for Defendants, Jeffrey Jones, M.D. and Riverside Anesthesia Associates J PNC Bank Center 222 De~aware Avenue Suite 1110 P.O. Box 2206 Wilmir~ton, DE 19899-2206 Tel (302) 656-3301 Fax (302) 65~0643 5 Hanover Square 21st F~or New York, NY 10004-2614 Tel (212) 701-0340 Fax (212) 701-0347 GOLDFEIN & HOSMER A Professional Corporation Attorneys at Law 1600 Market Street 33rd Floor Philadelphia, PA 19103-7288 Tel (215) 979-8200 Fax (215) 9798201 Tel (609) 520`0400 · Fax (609) 520+1450 2~7 E. Redwood Street 21 si F~oor Baltimore, MD 21202-3316 Tel (410)576-0200 Fax (410)576-0867 November 19, 2001 Charles Marsar, Jr., Esquire R.J. Marzella & Associates 3513 North Front Street Harrisburg, PA 17110 Re: Kline v. Jones, M.D., et al. P.C.C.P., August Term, 01, No. 1735 Our File: 157-68986-01 Dear Mr. Marsar: Enclosed please find a Notice of Intent filed on behalf of defendants, Jeffry Jones, M.D. and Riverside Anesthesia Associates. Please be guided accordingly. Sincerely, E. CHANDLER HO~MER ECH/cm Enclosure cc: Meyer A. Bushman, Esquire GOLDFEIN & HOSMER BY: E. CHANDLER HOSMER IDENTIFICATION NO. 28499 1600 MARKET STREET 33rd FLOOR PHILADELPHIA, PA 19103-7288 (215) 979-8200 TERRY AND CHERYL KLINE V. JEFFRY JONES, M.D. AND RIVERSIDE ANESTHESIA ASSOC. et al. PHILADELPHIA COUNTY COURT OF COMMON PLEAS CIVIL TRIAL DIVISION AUGUST TERM, 2001 NO. 1735 JURY TRIAL DEMANDED TO: Charles Marsar, Jr., Esquire R.J. Marzella & Associates 3513 North Front Street Harrisburg, PA 17110 DATE OF NOTICE: November 19, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAVVYER 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. PHILADELPHIA BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE One Reading Center Philadelphia, PA 19107 215-238-6333 Chandler Hosmer~l GOLDFEIN & HOSMER 600 Market Street 33rd Floor Philadelphia, PA 19103 (215)979-8200 PNC Bank Ceate~ P,O, Box 2206 Tel (~02) Fax (302) 656-0643 S Hanover Squ~re GOLDFEIN & HOSMER A Professional Attorneys at Law 1600 Market Street 33rd Floor Philadelphia, PA 19103-7288 Tel (215) 979-8200 Fax (215) 979-8201 Princeton Metro Center 5 Vaughn Ddve Princeton, NJ 08540-0313 Te~ (6O9) 520-O40O 217 E. Redwood Street 21 st FlOor Ba~more, MD 21202~3316 Tel (410)576-0200 Fax (410)576`0887 October 29, 2001 Charles Marsar, Jr., Esquire R.J. Marzella & Associates 3513 North Front Street Harrisburg, PA 17110 Re: Kline v. Jones, M.D., et al. PCCP., August Term, 01, No. 17;~5 Our File: 157-68986-01 Dear Marsar: Enclosed please find a time-stamped copy of my Entry of Appearance and Jury Demand on behalf of Defendants, Jeffry Jones, M.D. and Riverside Anesthesia Associates, in the above-referenced matter. Also enclosed you will find a Rule to File Complaint. Please respond according to the Pennsylvania Rules of Civil Procedure to protect your interests. Thank you. Sincerely, ECH/cm Enclosure GOLDFEIN & HOSMER BY: E. CHANDLER HOSMER IDENTIFICATION NO. 28499 1600 MAP~KET STREET 33rd FLOOR PHILADELPHIA, PA 19103-7288 (215) 979-8200 TERRY AND CHERYL KLINE v. JEFFRY JONES, M.D. AND RIVERSIDE ANESTHESIA ASSOC. et al. PHILADELPHIA COUNTY COURT OF COMMON PLEAS CIVIL TRIAL DIVISION AUGUST TERM, 2001 CD NO. 1735 -~ JURY TRIAL DE~%ND~ PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Defendants, JEFFRY JONES, M.D. and RIVERSIDE ANESTHESIA ASSOCIATES, hereby requests this Court to enter a rule upon plaintiff to file a complaint within judgment of non pros. twenty (20) days or suffer the entry of a GOLDFEIN & HOSMER E. CHANDLER, HOSMER Attorney for Defendants, Jeffry Jones, M.D. Riverside Anesthesia Associates RULE TO FILE COMPLAINT AND NOW, this day of , 2001, a rule is hereby entered upon plaintiff to receipt hereof or suffer the entry of a file a complaint within twenty (20) judgme~nt of non pros. days of GOLDFEIN&HOSMER BY: E. CHANDLER HOSMER IDENTIFICATION NO. 28499 1600 MARKET STREET 33rdFLOOR PHILADELPHIA, PA 19103-7288 (215) 979-8200 TERRY AND CHERYL KLINE v. JEFFRY JONES, M.D. AND RIVERSIDE ANESTHESIA ASSOC. et al. PHILADELPHIA COUNTY COURT OF COMMON PLEAS PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Defendants, JEFFRY JONES, ASSOCIATES, hereby requests this to file a complaint within twenty judgment of non pros. CIVIL TRIAL DIVISION ~ AUGUST TERM, 2001 o.~ '~ NO. 1735 ~ cD ~ M.D. and RIVERSIDE ANESTHESIA Court to enter a rule upon plaintiff {20) days or suffer the entry of a GOLDFEIN & HOSMER E. CHANDLER, HOSMER Attorneyl for Defendants, Jeffry Jones, M.D. Riverside Anesthesia Associates RULE TO FILE COMPLAINT AND NOW, this entered upon plaintiff to file receipt hereof or suffer day of , 2001, a rule is hereby a complaint within twenty (20) days of the entry of a judgme, nt of non pros. McDONALD & DeROSA, P.C. BY: Frederick J. DeRosa Attorney ID No. 24461 Suite 526, ~'wo Penn Center Plaza Philadelphia, PA 19102 (215) 972-7500 Attorneys for Defendants, Ernest Josef, M.D., and Cathleen Sangillo, M.D., TERRY KLINE and CHERYL KLINE : V. COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY: AUGUST TERM, 2001 ERNEST JOSEF, M.D. and CAT~,~ ,. : SANGILLO, M.D, et al ~>,-;,~? ~' · · ,, q~, t , : NO: 1735 ENTRY OF APP~o~tlN~ AND DEMAND FOR JURY TmAI, TO THE PROTHONOTARY: Kindly enter my appearance as counsel for Defendants, Ernest Josef, M.D., and Cathleen Sangillo, M.D., in the above captioned matter. Defendants, Ernest Josef, M.D., and Cathleen Sangillo, M.D., hereby demand a jury trial in the above-captioned matter. The jury shall consist of twelve (12) jurors. McDONALD & DeROSA, P.C. CERTIFICATE OF SERVICE The undersigned counsel for the defendants, Ernest Josef, M.D., and Cathleen Sangillo, M.D., hereby certifies that on this 31st day of January, 2002, he served a copy of the Entry of Appearance and Demand for Jury Trial upon the following by placing same in the U.S. Mail, first-class postage pre-paid: Charles W. Marsar, Jr., Esquire R.J. Marzella & Associates 3513 North Front Street Harrisburg, PA 17110 Meyer A. Bushman, Esquire Suite 3100, 1650 Market Street Philadelphia, PA 19103 Michael M. Badowski, Esquire Badowski, Banko, Kroll, Kronthal and Baker 1010 Pine street P.O. Box 932 Harrisburg, PA 17108 E. Chandler Hosmer, III, Esquire Goldfein & Joseph 1600 Market Street, 33rd Fl. Philadelphia, PA 19103 John P. Shusted, Esquire The Bellevue, 5th Floor 200 South Broad Street Philadelphia, PA 19102 Stanley P. Stahl, Esquire Stahl & DeLaurentis, P.C. Suite 1830, One South Broad Street Philadelphia, PA 19107 (Please prepare separ~ie Retu, n Form for _.~n Defendant to ~ ~ se~ed by Sheriff. If yo~ desire a copy of this "Return" mai~ed to you, please ~ttach sell-addressed, sta~d envelo~ for each ~ ~O [~ ~ separate address where sewice is mquimd.) ~ 's NUMBER ~ ~ ~0 ~ ~ ~( ~A~ ~N~ ' MILEAGE DISTRICT DEFENDA~(S) ~ SUM~NS ~ ~MP~INT TYPE OF ACTION SERVE AT ~E~ ~w~ ~ ~ ~ I _ SPECIAL INSTRUCTIONS ~ ~ ~L~ED BY S~R Sewed and made know~ to , Oe~nd~t(s) on ~e day , 19 , ~ o'd~ .M., at SVeet, Coun~ of Philadelphia, Common~ of p~y~l~ in ~ m~n~ d~i~d ~low: ~ Oefendant(s) personally ~ed. ~ Adult family member w[~ ~om ~ ~t(s) r~s~. Reia~P~ip is _ . ~ Adult in charge of Defendants r~l~ ~o r~ g~e n~e or r~a~nsh~p. I~gi~ In wh~ ~s) r~ide(s). ~ ~nager/Clerk of pla~ of ~ Agent or pemon in ~ge of Oe~s o~ or ~a~ of b~in~ ~ ~ ~r of ~d De~ndant ~m~ny. ~ Other ~* SHERIFF.~HN D. GREEN ~ ~ By * , /~ OEPU~ SHERIFF :~ D.~n~ .o~ ~o~.~ ~us~: F ~. ' / /~ / ~ ~w~ ~ u.~ow. ~ .o A.~. ~ Va~.~ ~ ~ o~. ~Z DEP~ SERVICE N~, ~e day of --I~ ~--' I ~9 i I, Sheriff of Philadelphia Count, PennsyNania do hereby deputize ~e Sheriff of r~. ,, .~ Count, ~ sewe ~is ~ Summons ~ ~ ~ and make return ~d a~rding to ~w. ~ 0 ? ~ ~ ~ ' SHERIFF JOHN D. GREEN ~, ~;. .~ DEPU~ SHERIFF Telephone Number -z ' -/ ~ SE~ identification Number ~ G O~ · Represents: ~ ~fendant(s). ~ ~her 5-21 (Rev. 11/87) PROTHONOTARY'S COPY R. J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 Facsimile: (7171 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Attorneys for Plaintiffs, Terry gline and Cheryl Kline TERRY KLINE and CHERYL KLINE, Husband and wife, Plaintiffs VS. GOOD HOPE FAMILY PHYSICIANS, P.C. ERNESTJOSEF, M.D. CATHLEEN SANGILLO, M.D. Defendants No. 2002-02079 JURY TRIAL DEMANDED PETITION TO DISCONTINUE ACTION AGAINST LESS THAN ALL DEFENDANTS AND NOW COMES, Plaintiffs, Terry Kline and Cheryl Kline, by and through their attorneys, R.J. Marzella & Associates, P.C., by way &filing this Petition: 1. On or about August 17, 2001, Plaintiffs filed this medical malpractice action, via Writ of Summons, against TEMPLE UNIVERSITY HEALTH SYSTEM, INC., t/d/b/a TEMPLE UNIVERSITY HOSPITAL, TEMPLE UNIVERSITY HOSPTIAL, SATOSHI FURUKAWA, M.D., JOSE GARCIA, M.D., VICTOR LI, M.D., GORDON MOREWOOD, M.D., PAUL FEDALEN, M.D., GOOD HOPE FAMILY PHYSICIANS, P.C., ERNESTJOSEF, M.D., CATHLEEN SANGILLO, M.D., PINNACLE HEALTH SYSTEM t/d/b/a HARRISBURG HOSPITAL, PINNACLE HEALTH HOSPITALS t/d/b/a HARRISBURG HOSPITAL, HARRISBURG HOSPITAL, WILLIAM BACHINSKY, M.D., GREGORY KEAGY, D.O., EDUARDO JORGE, M.D., CAPITAL AREA CARDIOVASCULAR SURGICAL INSTITUTE, RIVERSIDE ANESTHESIA ASSOCIATES, LTD., JEFFRYJONES, M.D., MOFFITF, PEASE & L1M, and FELIX GUTIERREZ, M.D. 2. Thereafter, Plaintiffs filed a Stipulation to Discontinue Against Less Than All Defendants signed by all defense counsel and plaintiffs' counsel. (See copy of executed Stipulation attached hereto as Exhibit "A"). 3. The Stipulation agreed that all defendants, except GOOD HOPE FAMILY PHYSICIANS, P.C., ERNESTJOSEF, M.D., CATHLEEN SANGILLO, M.D., would be dismissed from this action. 4. Shortly thereafter, Plaintiffs filed a Praecipe to Transfer Venue. (See copy of executed Stipulation attached hereto as Exhibit "B"). 5. Accordingly, on or about March 6, 2002, this case was transferred from the Court of Common Pleas of Philadelphia County to this Honorable Court. 6. After a review of the dockets from Philadelphia County as well as Cumberland County, it does not appear that a formal order was ever issued dismissing the appropriate defendants. WHEREFORE, Plaintiffs, Terry Kline and Cheryl Kline, respectfully request this Honorable Court enter an order dismissing all defendants except GOOD HOPE FAMILY PHYSICIANS, P.C., ERNESTJOSEF, M.D., CATHLEEN SANGILLO, M.D. Dated: ~ ~ t~OZ R.J. Marzella & Associates, P.C. A~dentification' No. 86~F2~ P.J. MAR~LLA & ASSOOATE5, P,C. BY: (:hades W. Maesar. Jr., Esquire Pennsylvania Supreme Court I.D, No. 86072 3513 Nor:h Front a'treec Harrisburg, Pennsyl~rania 17110 Telephone: (717) F~e~imile: ff171 Attorneys for Plainl~ffs, Terry Kline and Cheryl Kline IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA CIVIL ACTION - LaW TERRY KLINE and CHERYL KLINE, Husband ,and wife, Plain:ills VS, TEMPLE UNIVERSITY HEALTH SYSTEM, INC,, t/d/b/a: TEMPLE UNIVERSITY HOSPTIAL - · : SATOSH! FURUKAWA. M,D. JOSE GARCIA, M.D. : VICTOR U : GORDON MOREWOOD, M.D. PAUL FEDALEN, M,D, GOOD HOPE I~AMILY PHYSICIANS, P,C : ERNEST'.JOSEF, M.D. : CATHLELN SANGILLO. M.D. PINNACLE HEALTH SYSTEM t/d/b/a ; PINNACL£ HY. ALTH HOSPITALS l:/d/b/a : HARR1SIIURG HOSPITAL : WILLIAM BACH1NSKY, M.D. : GREGORY KEAGY, D.O. EDUARDO JORGE, M.D. : RIVERSZDE ANESTHI~SIA ASSOCIATES, LTD. : JEFFRY JONES, M,D. MOFRTT. PEASE & UM : FELIX GLTIERREZ, M.D. : Defendants : AUGUST TERM, 2001 NO. 1735 : JURY TRIAL DEMANDED -STIPULATION TO DISCONTINUE AGAINST LESS THAN ALL DEFENDANTS ~DD~2C O5 'O1 O~:IOPN HR~OLIS [DELST~-IM I- 4/4 The below signed pardes hereby stipulate :o the Discontinuance of'this a~on against all Defendants except l~rnest Josef, M.D., Cathleen Sangiilo. M.D., and Good Hope Family Physician~ Esquire ~en L. l~anko. 8squire Mar§oils Edelstein 3510 Trindle Road Camp Hill, P^ 17011 (Attorneys for DefendanrJ, Pinnacle Hea~th System t/d/b/a HarrJsbur$ Hospital, Pinnade Health Hospitals t/d/b/a Iffarrisburg Hospital and Harrisburg Hospitg) Mar~ella & Assodates, 3513 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff-~ Terry and Cheryl I~ine Date Date 11/26/01 16:23 FAX NOV 26.2~Olal 1:p: I?PH R. 3'. TZ~I.LR lC J. M~L~ & ~~, P.C. BY: Ch,rl~s W. Mum.r, Jr,, Esquire Penn~nia S~e Cou~ I~. No. 86072 35~3 No~h ~ ~ Ha~sbu~. ~n~nia ~110 Telephone: F~r_~imi!e: (717) 234-7828 f717~ 2:T4~SR~ GO__.I:!) FE ! NJ~{__O S}[ER Attorneys for Plaintiff~, Ten3r Rline and Cheryl Kline IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA CML ACTION - LAW TERRY KLINE and CHERYL KLINE, Husband and wife, Plaintiffs AUGUST TERM, 2001 NO. 1735 VS. TEMPLE UNIVERSITY HEALTH SYSTEM, INC., t/d/b/a: TEMPLE UNIVERSITY HOSPTIAL : SATOSH1 FURUKAWA, M.D. : JOSE GAR. CiA, M.D. : VICTOR LI : GORDON MOREWOOD, M.D. : PAUL FEDALEN, M,D. : GOOD HOPE FAMILY PHYSICIANS, P.C. ERNESTJOSEP, M.D. : CATHLEEN SANGILLO, M.D, : PINNACLE HEALTH SYSTEM t/d/b/a : PINNACLE HEALTH HOSPITALS t/d/b/a : HARRISBURG HOSPITAL WILLIAM BACHINSKY, M.D. ; GREGORY KEAGY, D.O. : EDUARDO JORGB, M.D. : RIVERSIDE ANESTHESIA ASSOCIATES, LTD. JEFFRYJONES, M.D. : MOl:PITT, PEASE & LIM : FELIX GUT1EIU~EZ, M.D. ' ; Defendants JURY TRIAL DEMANDED STIPULATION TO DISCON'I/NUB AGAINST Lr~S TitAN ALL DPoI~ENDANTS ~002 11/26/01 16'23 FA.~ GOLDFI~INAI~OSMER ~003 · NOV.;:G.,C~B~ 'lZ:I?PM R.Z."'"qZE:LL.fl NO.EL34 P.3~, The below signed parties hereby stipulate to the Discontinuance of this action against all Defendants except EmestJosef, M.D., Cathleen Sangillo, M.D., and Good Hope Family Physicians, 1600 Market Stree: 33~ Floor Philadelphia, PA 19103.7288 (^~corneys for Defimdants, Jeffrey Jones, and Riverside Anesthesia Associates) Rd, Marzella & Associa:es, P.C. 3513 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs Terry and Cheryl Kline Date Date R, J. MARZ£LLA & ASSOCIA'r~, P,C, BY: Charles W. Marsar, Jr., Esquire Pennsyl~ania Supreme Cour~ I.D. No, 86072 3513 North Front S~re~ Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 Fac.~imile: (717~ 2R4~883 Attorneys for Plaintiffs, Terry Kline and Cheryl Kline IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA CIVIL ACI'ION - LAW TERRY {(LINE and CHERYL KLINE, Husband and wife, Plaintiffs AUGUST TERM, 2001 NO. 1735 VS. TEMPLE UNIVERSITY HEALTH SYSTEM, INC., t/d/b/al TEMPLE UNIVERSITY HOSPTIAL SATOSH] FURUKAWA, M.D. JOSE GARCIA, M.D. VICTOR LI GORDON MOREWOOD, M.D. PAUL FEDALEN, M.D, : GOOD HOPE FAMILY PHYSICIANS, P,C. ERNEST jOSEF, M,D, : CATHLEEN SANGILLO, M.D. : PINNACLE HEALTH SYSTEM t/d/b/a : PINNACLE HEALTH HOSPITALS t/d/b/a : HARRISBURG HOSPITAL WILLIAM BACHINSICY, M.D. : GREGORY KEAGY, D.O, : EDUARDO JORGE, M.D. : RIVERSIDE ANESTHESIA ASSOCIATES, LTD. : jEFFRYJONES. M.D. MOFFITF, PEASE & LIM : FELIX GUTIERREZ, M.D,., : Defendants : JURY TRIAL DEMANDED STIPULATION TO DISCONTINUE AGAINST LESS THAN ALL DEIqENDANTS The below signed part/es hereby stipulate to the Discontinuance of this action against all Det'endants except Ernest Jose,, M.D., Cathleen Sangillo, M.D,, and Good Hope Family Physicians. One South Broad Street Suite 1830 Philadelphia, PA 19107 Attorneys for Defendants, W~lliam l~achinsky, M.D. and Moffitt, Pease & Date R.j. Marzella & A~$ocia~:es~ PT~: 3~13 North ~ront Street Harrisburg, PA 17110 Attorneys for Plaintiffs Terry and Cheryl Kline Date G.G.&~. A~orneys for Plaintiff. Terry Kline and Cheryl Kline IN THE COURT OF COMMON PLEAS PHILAI}ELPHIA COUNTY, PENNSYLVANIA CIVIL AC'[1ON - LAW TP. RRY KI. INE and CHERYL KLINE, Husband and wife, Plaintii~ VS. TEMPLE UNIVER~ITY HEALTH .SYSTEM, {NC,, TEMPLE UNIVERSITY HOSlrrIAL SATOSHI FURUKAWA. M,D. JOSE GARC{A, M.D, VICI'OR U GORDON MOREWOOD, M.D. PAUL FEDALEN, M.D. GOOD HOP£ FAMILY PHYSICIANS, ?.C. ! ERN£$T JOSEF, M.D. CATHLEEN SANGILLO, MD. PINNACLE HEALTH SYSTEM l~d/b/a PINNACLE HEALTH HOSPITALS t/d/b/a NAIUUSBURG HOSPITAL WILLIAM BACHINSKY, M,D, GREGORY KF. AGY, D,O, EDUARDO jORGE, M,D, ]UVERSIDE ANESTHESIA ASSOCIATES, LTD. JEFFRY JONES, M.D. MOFFrTT, PEASE & UM: FEUX GUTIERREZ, M.D, Defendants AUGUST T~I~M, 2001 NO, 1735 JURY TRIAL DEMANDED STIPU.LATION TO DISCONTINUE AGf~NST LESS THAN ALL DEFIEqDANTS ~]002 P. 2/3 11./26.,Z001 18:49 F.%3C 215 7J2 4182 G.G.& ~. ~ OOO The below sig~ed par/es hereby stipulate :o the Discontinuance of'this a~on against all Defendan~ except SrnestJesef, M.D., Cathleen Sangil]o, M.D., and Good Hope FamiIy Physidarm. Grego~apps'~,~S~uire German, Gallaher & Mu~ash ~e BeU~e · Suite 500 Philadelp~a, PA 19102 A~omeys for Gregou [(ea~, D.O. and ~duardo 3or~e, /~W. ~,Jr,, ~ire'- 'Rd. Mamella & ~sociat~, P.C. ~ 351~ No~ Fro~ Harrisburg, PA 17110 ~om~s ~r Pla{ntt~ Te~ and ~ Date 2/,cl R, J. MAR~ & ASSOCiATeS, P.C. BY: C:barles W, Mawr, Jrt, ~quim P~n~n~ sup~me ~uff LD. No. ~2 ~13 No~ ~ ~ Ha~sbur~ Pen~nJa 17110 A~m~ for PJai~, T~h~: [~ ~ ~ Te~ ~ine and ~e~ ~ine JN ~E COU~7 OF COMMON p~ PHI~E~HIA COUNW, PENN~V~ C~LA~ON - ~W ~Y ~NE an~ CH~YL ~NE, AUGU~ TE~. 200] Hus~nd and wife, NO. I~5 Pla/n~ffs TEMPL~ UNIVEP. SITY H~d. TH SYgTEM, INC., ~a~ U : GO.ON MO~OOD, M.D. PAUL ~N, M.D, GOOD HOPE FA~y p~5I~S, ~N~3OSEF, M.D. ' H~IS~UEG HOSPIT~ G~GORY ~, D,O, ~DO JORGE. M~, JE~YJONES, M.D, : MO~, ~E & UM Def~d~ : JURY TRLAL DEMANDED STiI~ TO DISCONTINUE AGAINST LESS ~HAN ALL DEk'ENDANTS N0%;-2~-01 17=07 FI~OM=ABRAHA~IS LOEWENSTIEIN ID 121S5870888 PA~E The belo~v signed parties hereby stipulate :o d~e Discontinuance of this ac~on against all Defendants except £rnestJosef, rv{.D.. Cathleen Sangillo, M.D., and Good Hope Family Physidans, Esquire Esquire .ewenste~n & Bushman, One 1650 Market Street Suite 3100 Philadelphia, PA ] 9103-7392 (At:omeys for Defendants, Temple UniversR~ Hospital, Temple University Health Sytem and Satoshi Fttrul~wa, M.D.) /- Da:e Michael M. Badows~, Esquire Stephen L Ba~lm, Jr., Esq~re Margolis Edel~n 35~0 T6ndle ~ad (A~rneys for Defendant, 5macle Heal~ Sy~m ~a Ha~sbur] Hospital, ~nnade H~ Hospim~ ~a Harrisburg Hospi~[ and H~sburg Hospkal] Dace E, Chandler Hosmer, Esquire Goldfe_Jn & Hosmer 1600 Market Sweet 33~ FIoo£ Philadelphia, PA 19103-7258 (Attorneys for Defendants, Je~eyJones, M,D. and Riverside Anesthesia Assodat~s) .- NOV-~G--01 17=07 ~I~OM=AIBI~AHAHS J-OEIdENSTI~IN liD= I~1SS870888 ~"'"' · ~ '-~"~ '~- ~.,, ,~ L'. ,.!.,,, .,., .., PAGE 4/4 Gregop/S. Capps, Esquire German, Gallagh~r & Mu~gi~ ~e BeU~e - Suite S~ ~ilad~phJa, PA 19102 A~rn~ for ~rego~ ~a~. D.O. and ~uardoJorge, Date Ca~leen San~illo, M,D., Ernest~'~sef, M.D., and Good Hope Fami~ Pra~ 1830 Good Ho~ ~o~ Enola, PA 17025 Dare Dat~ r. MARZEU~ & ~'IT,~, BY: Charles W. Maesar, .Ir., Esquire Pennsylvania Su~eme Court I.D. No. 8~Rr72 3513 North Pront S~'eet Hartialml~, PemLsThrania 17110 Telephone: (717) 234-782g .~aes~mile: i~1~ Te~y Klfne aAd Cheryl Kline IN THE COURT OR COMMON PLEAS PHILADELPHIA COUNTY. P~NNSYLVAN]A CML ACTION - LAW TERRY I(L[NE and CHERYL l/LINE, Husband and wife, Plaintiffs TEMPLE UNIVERSITy HOSP'I'IAL SATOSH! FURUICAWA, M.D. JOSE GARC1A, M.D. VICTOR U GORDON MOREWOOD, M,D, PAUL PI~D~IJ:N, M,D, GOOD HOPE FAMILY PHYSICIANS~ P.C. ERNESTjOSEF, M.D. CATHLEI~N SANGILI~, M.D. PINNACLE Hr:ALT{.{ SYSTEM rYd/b/a PINNACLE HEALTH HOSPITALS rYd/b/a HARRISBURG HOSPITAL WILUAM BACHINSK'Y, M.D. GREGOI~Y KEAG'Y, D.O. EDUARDO JORGE, M.D. RIVERSIDE ANESTHESIA ~L~SOCIATES, LTD. .JERq~JONES, MOFIqTT, PEASE & LIM FEUX CLrr~RREZ, M.D. '~ Defendants TEMPLE UNIVERSITY HEALTH SYSTEM, INC., t/d/b/a: AUGUST TERM, 2001 NO. 1735 ju~ TRIAL DEMANDED gTIPt.q~TION TO DISCONTINU~ AGAINST ~ THAN ALL DE]q~NDANTS HON QUINONES RLEJRNDRO Fax:215-685-7155 Apr $ ~02 10:26 I.j, MAfIZm,IA & ASSOi~TSS, IY: Charlm W. ~,Jr., bqul~e Pemfldun~ Supreme Corn i.D. No. 86072 3~13 North J~,,~ Hm'bbur& ~b '17110 Teny Mine nd OmyJ Elbe IN TIIE COURT OF COMMON PLF.~ PHILAOELPHI^ COUNTY, PENNSYLVANIA CML ACTION - LAW TERRY KLINE and CHERYL KLINE, Husband and wife, Plaintiffs T~MPLE UNIVERSITY' HEALTH SYSTEM, rNC., TEMPLE UNIVERSITr HOSPTI^L SATOSHI FURUKAWA, M.D. IJOSE GARCIA, M.D. VICTOR U GORDON MOREWOOD, M.D. PAUL FEDALEN, M.D. GOOD HOPE FAMILY PHYSICLRNS, P.C. ERNEST$OSEF, M.D. CATHI rF, N SANGILLO, M.D. PINNACLE HEALTH SY~.M t/d/tVa PINNACLE HF. ALTH HOSPITALS t/dA-,/a HARRISBURG HOSPITAL WlLUAM BA-CHINSICY, M,D. GREGORY KF. AGY, O.O. EOUAROO JORGE, M.D. RIVERSIDE,e~F._TrHEsr^ ASSOCIATES, LTD. JEFFRYJONE$, M.D. MOFFTTT, PEASE & UM FEUX GUTIERREZ, M.D: Defendants AUGUST TERM, 2001 NO. 173S RECEIVED MAR 0 b Z00~ JUOaE N. L QuIITION~ ALEJANBRO JURY TRIAL DEMANDED P. 02/06 HON gUZNONES RLE~RNDRO Fax:2Z5-683-7~55 Rpr 3 '02 10:27 P. 05/06 consideration of'Plaintiff' Stipulation to Transfer Of Venue it is hereby ORDIRr~D that the counsels for the Plaintiffs and Defendants. in the above captioned ca~e, Itipulate to transfer venue from the Philadelphia Court of Common Pleas to the Cumberland County Court of Common Pleas. 40N QUINONES ALEORNDRO Fax:215-685-7153 ~pr 3 '02 10:27 P.04/06 (12 ~I~R - 5 ~I'I ~: i 6 PRO PF:OTHY IN TI,Ti C. OIJ~ OF CO]~ON PtSAS lqilI.~B,PHIA COUNIY, ~VN(TA C3Vlt ACTION - tAW GOOD HOPi EiJ . , M.D. cKrI4LI:I'N SJ~IGIU, O, M,D. 2001 T IIIII I I . i II of Conunon Pleu o~ Ca~ County. Mdb)mid & Dlael~l Fhi~, PA I$10~ for f. eshl,~ lm~{o. M.D. a~d ~n~t Joat, M.O. '02 ~0:28 P. OSz06 ~513 N(~I~ W W Nerrisbu~ PA 171 I0 )~m~e~ M ~ Teny and C:be?i HO~4 OUINONES RLEJ~qhlDRO Fax'215-6$S-TlSS Apr $ '02 10:28 P. 06/06 I, Zachary D. CampbeJl, hereby ;ertif~ that a true and correct copy or' the f'oregoin8 document was served upon counsel of record this 2e'" da~ of' February, 2002, by depositing said copy in the United States Mail posta;e prepaid, ftr~t-class deliver, and addressed as follows: Fred DeResa, E~quire McDonald & DeRosa 1Se &.ILK Boulemrd Suite 526 2 Pem~ Center Philadelphia, PA 19102 (,&ttomeys for Defendants, Cathleen San~illo, M.D., Ernest.loseR M.D. end Good Hope Family Practice) ILl. Mamella & Namelate~ P.C. CERTIFICATE OF SERVICE I, Sandra K. Spade, hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this 16th day of May, 2002, by depositing said copy in the United States Mail postage prepaid, first-class deliver, and addressed as follows: Meyer A. Bushman, Esquire Ira W. Bushman, Esquire Abrahams, Loewenstein & Bushman, P.C. One Liberty Place 1650 Market Street Suite 3100 Philadelphia, PA 19103-7392 (Attorneys for Defendants, Temple University Hospital, Temple University Health Sytem and Satoshi Furukawa, M.D.) Michael M. Badowski, Esquire Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (Attorneys for Defendants, Pinnacle Health System t/d/b/a Harrisburg Hospital, Pinnacle Health Hospitals t/d/b/a Harrisburg Hospital and Harrisburg Hospital) E. Chandler Hosmer, Esquire Goldfein & Hosmer 1600 Market Street 33d Floor Philadelphia, PA 19103-7288 (Attorneys for Defendants, Jeffirey Jones, M.D. and Riverside Anesthesia Associates) Fred DeRosa, Esquire McDonald & DeRosa 15t~ & JFK Boulevard Suite 526 2 Penn Center Philadelphia, PA 19102 (Attorneys for Defendants, Cathleen Sangillo, M.D., Ernest Josef, M.D. and Good Hope Family Practice) l~l. Marzella & Associates, P.C. ~. J. M^RZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 Attorneys for Plaintiffs, F i il · 717 4 Terry gline and Cheryl gline IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRY KLINE and CHERYL KLINE, : No. Husband and wife, Plaintiffs VS. GOOD HOPE FAMILY PHYSICIANS, P.C. ERNESTJOSEF, M.D. CATHLEEN SANGILLO, M.D. Defendants 2002-02079 JURY TRIAL DEMANDED ORDER tismissed as AND NOW, this Z '/' day of t'~ ¥ ,2002, upon consideration of Plaintiffs' Petition To Discontinue Action Against Less Than All Defendants it is hereby ORDERED that TEMPLE UNIVERSITY HEALTH SYSTEM, INC., TEMPLE UNIVERSITY HOSPTIAL, SATOSHI FURUKAWA, M.D., JOSE GARCIA, M.D., VICTOR L1, GORDON MOREWOOD, M.D., PAUL FEDALEN, M.D., PINNACLE HEALTH SYSTEM, PINNACLE HEALTH HOSPITALS, HARRISBURG HOSPITAL, WILLIAM BACHINSKY, M.D., GREGORY KEAGY, D.O., EDUARDO JORGE, M.D., RIVERSIDE ANESTHESIA ASSOCIATES, LTD., JEFFRYJONES, M.D., MOFFI'IT, PEASE & UM, and FELIX GUTIERREZ, M.D. are dants to this civil action. ¥1NYA"i,kSNN.,d McDONALD & DeROSA, P.C. BY.' Frederick J. DeRosa Attorney ID No. 24461 Suite 526, Two Penn Center Plaza Philadelphia, PA 19102 (215) 972-7500 TERRY KLINE and CHERYL KLINE go ERNEST JOSEF, M.D. and CATHLEEN SANGILLO, M.D., e~' al. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2002-02079 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance as counsel for Defendants, Ernest Josef, M.D., and Cathleen Sangillo, M.D., in the above captioned matter. McDONALD & DeROSA, P.C. By: iFr~leric[i J~ THOMAS, THOMAS & ItAFER, LLP By: Evan Black, Esquire Identification No. 17884 305 North Front Street ?. O. Box 999 Harrisburg, PA 17108 (717) 441- 7051 Attorney for Defendants Ernest Josef M D. and Cathleen Sangillo, M D. TERRY KLINE and CHERYL KLINE, Plaintiffs GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., and CATHLEEN SANGILLO, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-02079 JURY TRIAL DEMANDED To the Prothonotary: Kindly enter my appearance on behaif of the Defendants, Ernest Joseph, M. D. and Cathleen Sangillo, M. D., relative to the above-captioned action. Respectfully, THOMAS, THOMAS & HAFER, LLP EVAN BLAC'~, ESQ. CERTIFICATE OF SERVICE ' ' I, Becky Rusbatch, hereby certify that a true and correct copy of the foregoing was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the day of _(-~ ,2002, on all counsel of records as follows: Charles W. Marsar, Jr., Esq. R. J. Marzella & Associates, p. C. 3513 North Front Street Harrisburg, PA 17110 (Attorneys for Plaintiffs) Good Hope Family Physicians, p. C. 1830 Good Hope Road South Enola, PA 17025 :169838.1 THOMAS, THOMAS & HAFER, LLP lc J. MARZELLA & ASSOC~T~S, P.e. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 Facsimile: [7171234-6883 Attorneys for Plai~ Terry Kline and C~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRY KLINE and CHERYL KLINE, Husband and wife, Plaintiffs VS. GOOD HOPE FAMILY PHYSICIANS, P.C. ERNEST JOSEF, M.D. CATHLEEN SANGILLO, M.D. Defendants Docket N JURY TRL NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend. forth in the following pages, you must take action within twent Complaint and Notice are served, by entering a written appearanc attorney and filing in writing with the Court your defenses or ob set forth against you. You are warned that if you fail to do so without you and a judgment may be entered against you by the notice for any money claimed in the Complaint or for any other cl; by the Plaintiff. You may lose money or property or other rights in YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT O1~ HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPH, FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Servi~ 2 Liberty Ave. Carlisle, PA 17013 Telephone (717) 249 - 3166 Mff$, ,eryl Kline ~.2002-02-2079 kL DEMANDED ~gainst the claims set (20) days after this personally or by an .~ions to the claims he case may proceed ~ourt without further im or relief requested ~ortant to you. :E. IF YOU DO NOT }NE THE OFFICE SET AVlSO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted des demandas que se presentan mas adelante en las siguientes pagina., dentro de los proximos veinte (20) dias despues de la notification Aviso radicando personalmente o pot medio de un abogado una cot radicando en la Corte por escrito sus defensas de, y objeccion presentadas aqui en contra suya. Se le advierte de que si usted f como se describe anteriormente, el caso puede proceder sin u cualquier suma de dinero reclamacion o remedio solictado pot el d~ dictado en contra suya pot la Corte, sin mas aviso adicional. Usted o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO lb USTED NO T1ENE UN ABOGADO O NO PUEDE PAGARLE A UNO, SIGUENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR Cumberland County Lawyer Referral Servi~ 2 Liberty Ave. Carlisle, PA 17013 Telephone (717) 249 - 3166 Dated: By: ~ j. Marzella & Associa A~tion ea defenderse de la , debe tomar accion de esta Demanda y lparecencia escrita y .~d a, las demandas ~lla de tomar accion ~ted y un fallo pot mandante puede set ~uede perder dinero VlEDIATAMENTE. Si .LAME O VAYA A LA SISTENCIA LEGAL. IL J. MARZELLA & ASSOOATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17H0 Telephone~ (717) 234-7828 F~c~imile: [7171 234-6883 Attorneys for Plai Terry Kline and C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRY KLINE and CHERYL KLINE Husband and wife, 220 Reeser Road Camp Hill, PA 17011, Plaintiffs VS. GOOD HOPE FAMILY PHYSICIANS, P.C. ERNESTJOSEF, M.D.; CATHLEEN SANG[LLO, M.D.; 1830 Good Hope Road Enola, PA 17025, ntiffs, ~e~! Kline Defendants DOCKET NO. 20 CIVIL JURY TRIAL DEM COMPLAINT 1. Terry Kline, is an adult-individual, who at all relevant resided at 220 Reeser Road, Camp Hill, Pennsylvania 17011, Cumbe 2. Cheryl Kline, is an adult-individual, who at all relevap resided at 220 Reeser Road, Camp Hill, Pennsylvania 17011, Cumbe 3. Good Hope Family Physicians (hereinafter "Defendan corporation duly incorporated under the laws of the Commonwealt )2-02079 ANDED times hereto, · land County. t times hereto, 'land County. :Corporation") is a of Pennsylvania, which operated a principal place of business, at all relevant times h~reto, at ! 830 Good Hope Road, Enola, PA 17025, Cumberland County. 4. Ernest Josef, M.D. (hereinafter "Defendant Josef') is physician under the laws of the Commonwealth of Pennsylvania, w times hereto was an employee, agent, apparent agent, ostensible a of Defendant Corporation. 5. Cathleen Sangiilo, M.D. (hereinafter "Defendant San licensed physician under the laws of the Commonwealth of Penns, relevant times hereto was an employee, agent, apparent agent, ost~ servant of Defendant Corporation. 6. In 1999, Terry Kline was a 53-year-old man with a pe~ diabetes and a family history of coronary artery disease. 7. In fact his father died of a heart attack, one of his br~ died of a heart attack, and his other brother had quadruple bypass 8. Although they knew or should have known of his sig heart disease, the defendants never performed and/or recommende evaluation for Mr. Kline. On or about August 11, 1999, Mr. Kline began to ex o chest pain. 10. When the pain did not subsided, Mrs. Kline called D on or about August 12, 1999 at about 6:00pm. 11. Mrs. Kline pleaded with the receptionist of Defenda~ duly licensed o at ali relevant ;ent, and/or servant illo") is a duly ~ania, who at all ~nsible agent, and/or 'sonal history of ~ther's ;urgery. lificant history of any type of cardiac rience radiating fendant Corporation Corporation to 2 / schedule an appointment for that evening due to the severity of heI husband's condition.,~ 12. During this telephone conversation, Mrs. Kline relay~ that her husband had been experiencing radiating chest pains, hod mouth was dry. 13. At approximately 8:40pm, Mr. Kline presented to De for an evaluation of his chest pain. 14. In an apparent hurry to leave the office, DefendantJ~ Mr. Kline's blood/sugar level, which was elevated. 15. Neither an EKG, nor stress test, nor cardiac evaluatio 16. Rather than performing any further studies, Defenda~ gave Mr. Kline some antacid samples and warned him to go to the I his blood/sugar level reached 400. , 17. On or about August 17, 1999, Mr. Kline s feet, ankles swell. 18. Even more alarming, his chest and abdomen were 19. Mrs. Kline immediately telephoned Defendant Corpo an agent thereof that in addition to her husband's chest pain, porti~ now beginning to swell. 20. Defendant Sangillo told Mrs. Kline that he did not ne physician and not to worry about the swelling. 21. On or about August 20, 1999, Mr. Kline went to wor~ d to the receptionist 'aches, and his i~ndant Corporation ,sef merely checked was performed. ~ Josef quickly !mergency Room if and legs began to ~llen. · ation and informed ~ns of his body were ed to be seen by a :still experiencing chest pain. 22. Throughout the course of the day, his chest pain bec~me so severe that he was forced to leave work early. 23. Upon arriving home, Mr. Kline collapsed to floor. 24. Mrs. Kline rushed her husband to Holy Spirit Hospita immediately discovered that he had suffered a severe myocardial in complicated by a rupture of the intra ventricular septum. 25. From there, Mr. Kline was transferred to Harrisburg heart surgery could be performed. 26. Due to the excessive delay in diagnosing and treatin incredible amount of damage had been done to his heart that he r~ Temple University Hospital in Philadelphia for more intensive treat~ heart transplant. 27. After approximately a one month stay at Temple Uni~ Kline was discharged to HealthSouth Rehabilitation and approximal he was discharged home, but not without sustaining devastating p~ 28. As a result of the defendants' negligence, Mr. Kline si optic neuropathy and/or some other condition causing his total blir 29. At age 53, Mr. Kline was forced to learn to live the re blind. 30. He is in the process of attending schools in an effort perform everyday activities without his sight. where it was ?arction Iospital where open Mr. Kiine, such an uired transfer to ent and a possible rersity Hospital, Mr. ely three weeks later rmanent injuries. ~ffered from ischemic dness. st of his life totally to learn how to 31. As a direct and proximate result of the Defendants' negligence, gross negligence and reckless disregard, the above-captioned defendants fare jointly and severally liable for all injuries sustained by the Plaintiffs and alleged :32. As a direct and proximate result of the Defendants~ n negligence and reckless disregard for his welfare as alleged herein unnecessarily separated from his family causing him severe mental ~ distress and a claim is made therefor. 33. As a direct and proximate result of the Defendar negligence and reckless disregard for his welfare as alleged herein at increased risk of harm and a claim is made therefor. :34. As a direct and proximate result of the Defenda~ negligence and reckless disregard for his welfare as alleged herein been damaged, and his chances for long term survival have been is made therefor. 35. As a direct and proximate result of the Defenda negligence and reckless disregard for his welfare, Mr. Kline's can coronary artery disease went undetected and untreated, causing damage to his heart and other bodily organs and a claim is made t 36. As a direct and proximate result of the Defendar negligence and reckless disregard for his welfare, Mr. Kline emotional damage due to the nature of his condition and a claim is 37. As a direct and proximate result of the Defendar negligence and reckless disregard for his welfare, the Plaintiffs haw herein. .~gligence, gross VIr. Kline was ~nd emotional ts' negligence, gross Mr. Kline was placed ts' negligence, gross Mr. Kline's heart has ecreased and a claim ts' negligence, gross liac condition and/or ermanent and severe er&or. ts' negligence, gross has suffered severe made therefor. ts' negligence, gross ~ been forced to incur liability for medical treatment, medicines, hospitalizations and s~imilar miscellaneous expenses in an effort to restore Mr. Kline to health and because injuries, Plaintiffs are advised and therefore aver that they will be medical and miscellaneous expenses in the future and a claim is m; 38. As a direct and proximate result of the Defendan negligence and reckless disregard for his welfare, PlaintiffTerry Klir in the future will undergo great physical and mental pain inconvenience in carrying out his daily activities and a loss ot enjoyment and a claim is made therefor. 39. As a direct and proximate result of the Defendar negligence and reckless disregard for his welfare, Plaintiff Terry KI in the future will be subject to great humiliation and embarrassm~ and a claim is made therefor. 40. As a direct and proximate result of the Defendar negligence and reckless disregard for his welfare, Plaintiff Terry KI will continue to sustain a loss of past and future earnings, a loss ol loss of earning capacity and a claim is made therefor. 41. As a direct and proximate result of the Defendar negligence and reckless disregard for his welfare, Plaintiff Terry KI increased risk of suffering a myocardial infarction or other heart re future due to the damaged condition of his heart and a claim is ma~ 42. As a direct and proximate result of the Defendat negligence and reckless disregard for Terry Kline's welfare, Plaintiff and in the future will be forced to incur medical bills relating to he )f the nature of said )rced to incur similar le therefor. ts' negligence, gross e has undergone and ~nd suffering, great life's pleasures and ts~ negligence, gross ne has been and will nt and disfigurement ts' negligence, gross ne has sustained and 'earning power and a ts' negligence, gross ne has a significantly lated problems in the te therefor. .ts' negligence, gross Cheryl Kline has been husband's treatment and has also suffered and will continue to suffer a loss of intimacy services, advice and companionship and a claim is made therefor. 43. Plaintiffs have been advised and therefore aver tha injuries are permanent in nature and a claim is made therefor. COUNT I - NEGUGENCE TERRY KLINB AND CHERYL KLINE ¥. ERNEST M. JOSEF, M.D. 44. Paragraphs I through 43 of this Complaint are in, reference as if set forth at length. 45. Defendant Josef is liable to the Plaintiffs for the alleged herein which were directly and proximately caused by ti negligence and/or reckless indifference with respect to Terry Kline Failing to examine and/or order the appropriate cardiac examinatic August 12, 1999 (including, but not limited to, a stress test, EKG, m a. Failing to timely obtain a complete family me b. Failing to examine and/or order and/or pe~ cardiac examination of Mr. Kline prior to August 12, 1999 (includir a stress test, EKG, a cardiac work-up, a cardiac consult); consortium, society, the aforementioned orporated herein by njuries and damages eir negligence, gross ~y: of Mr. Kline prior to enzyme test); [ical history; brm the appropriate g, but not limited to, ! c. Failing to appropriately examine and/or o~der the appropriate ! cardiac examination of Mr. Kline on or about August 12, 1999 (inclUding, but not limited to, a stress test, EKG, an enzyme test, cardiac work-up, cardiac corn ult); d. Failing to appropriately examine and/or o~der the appropriate cardiac examination of Mr. Kline after August 12, 1999 (including, but not limited to, a stress test, EKG, an enzyme test, cardiac work-up, cardiac consult); e. Failing to diagnose and treat Mr. Kline's car~liac condition and/or coronary artery disease prior to August 20, 1999; f. Failing to recognize Mr. Kline's signs and symptoms on or about August 12, 1999 and/or August 17, 1999 as consistent with ant characteristic of an impending myocardial infarction and ordering the diagnostic tests necessary to confirm or rule out the same as the underlying cause of his symptoms; g. Dismissing the symptoms Mr. Kline was experiencing on or about August 12, 1999 as being caused by "anxiety" without a reasonable i~asis for doing so; h. Dismissing the symptoms Mr. Kline was exp~ riencing on or about August 17, 1999 as being caused by a "bug bite" without a reasonal ~ie basis for doing so; i. Failing to take the necessary steps to make ar accurate assessment of Mr. Kline's condition at the time of his presentation to the Defe~dant Corporation on or about August 12, 1999, including but not limited to obtaini~ a complete medical history, an EKG, stress test, laboratory studies, cardiac enzyme ~tudies, a cardiology consult, a complete cardiac examination, and/or other diagnostic te sting; 8 j. Failing to take the necessary steps to make a~ accurate assessment of Mr. Kline's condition at the time of Plaintiffs' telephone cz Corporation on or about August 17, 1999, including but not limited medical history, performing a physical examination, performing laboratory studies, cardiac enzyme studies, a cardiology consult examination, and/or other diagnostic testing; k. Failing to consult with a cardiologist r~ symptoms at any time between August 12, 1999 and August 20, 19 ~rior thereto; I. Failing to have Mr. Kline examined by a car~ ~ugust 12, 1999 and/or August 17, 1999; m. Failing to admit and/or send Mr. Kline to the the evening of August 12, 1999 and/or August 17, 1999 to hay examined, evaluated, and assessed; n. Failing to properly treat Mr. Kline for his sy consistent with possible myocardial infarction during his presenl Family Physicians on or about August 12, 1999; o. Failing to examine, properly treat and/or following his telephone call to Good Hope Family Physicians on 1999; p. Refusing to approve and/or perform an EKG o 1999 as requested by Plaintiffs; q. Delaying the proper diagnosis and treatJ condition, which led to the extensive myocardial infarction and damage to his heart, eyesight, and overall health; 11 to the Defendant to taking a complete an EKG, stress test, a complete cardiac garding Mr. Kline's and/or at any time liologist on or about emergency room on Mr. Kline properly ~ptoms, which were ation to Good Hope evaluate Mr. Kline or about August 17, a or about August 12, nent of Mr. Kline's fltimately permanent Fo and/or an elevated blood/sugar level; s. Failing to recommend, order or perform cont: Mr. Kline's condition on the evening &August 12, 1999 and/or Au any time prior thereto; Failing to recommend, order or obtain a care to timely fashion; U. Misdiagnosing Mr. Kline's symptoms as bein~ caused by diabetes Failing to recognize Mr. Kline's symptoms impending myocardial infarction and/or coronary artery disease; v. Failing to recommend or order any type oftr prevent or diminish the damage to Mr. Kline's heart, eyesight, anc~ timely fashion; w. Failing to recommend or order continuot monitoring in a timely fashion; Failing to recommend or order oxygen therap Failing to recommend or order nitroglycerin Failing to recommend or order beta-adrener$ Failing to recommend or order anticoagulatit Failing to recommend or order magnesium Xo y. fashion; Z. a timely fashion; fashion; bb. fashion; nuous monitoring of ust 17, 1999 and/or Failing to recommend or order any sort of including but not limited to tissue plasminogen activator (TPA) in a ac consultation in a consistent with an tment or therapy to or overall health in a electrocardiogram in a timely fashion. therapy in a timely c blocking agents in n therapy in a timely therapy in a timely reperfusion therapy, timely fashion; 10 dd. a timely fashion; ee. a timely fashion; ff. fashion; Failing to recommend or order any type of th~-ombolytic therapy in Failing to recommend, order or perform a ca Failing to recommend, order or perform an gg. Failing to recommend, order or perform coro angioplasty in a timely fashion; Failing to recommend, order or perform bypa hh. fashion. ii. Failing to recommend, order or perform treatment designed to increase the oxygen supply to the heart and jj. Failing to recognize Mr. Kline's medical hist and its significance with respect to his risks for coronary am myocardial infarction; kk. Placing their own personal goals ahead of th of their patient, Terry Kline; 11. Failing to examine, monitor, evaluate and/o August 12, 1999 and/or August 17, 1999 and/or any time prior there mm. Failing to appreciate and recognize that Mr chest pain were potentially life threatening; nn. Failing to minimize the risk and/or damage Mr. Kline's myocardial infarction; oo. Inappropriately and improperly recommendi home and take antacids and medication to regulate his blood/sugar 'diac catherization in gioplasty in a timely nary artherectomy or ss surgery in a timely ny form of medical )r reduce ischemia. ry and family history ~ry disease and/or a health and welfare treat Mr. Kline on 3; Kline's complaints of )r otherwise prevent ~g that Mr. Kline go level. 11 PP. Inappropriately and improperly instructing the Corporation to send Mr. Kiine home without ever having been physician. 46. As a direct and proximate result of the Defendan negligence, and/or reckless indifference, the Plaintiffs have su damages as set forth in paragraphs 1 through 43 above, which are by reference as if set forth at length. A/~'~,~.~, Terry Kline and Cheryl Kline, demand judgme Good Hope Family Physicians for injuries in the form of compe damages in an amount in excess of Twenty-Five Thousand Dollars (S of interest and costs and in excess of any jurisdictional amount arbitration. COUNT I! - NEGUGENCE TERRY KLINE AND CHERYL KLINE V. CATHLEEN K. SANGILLO, M.D. 47. Paragraphs I through 43 of this Complaint are in, reference as if set forth at length. 48. Defendant Sangillo is liable to the Plaintiffs for the alleged herein which were directly and proximately caused by th negligence and/or reckless indifference with respect to Terry Kline staff of Defendant fully evaluated by a t's negligence, gross ~tained injuries and incorporated herein ~t against Defendant ~satory and punitive 25,000.00), exclusive equiring compulsory orporated herein by njuries and damages .'ir negligence, gross ~,: 12 ao Failing to timely obtain a complete family me~lical history; Failing to examine and/or order and/or perform the appropriate cardiac examination of Mr. Kline prior to August 12, 1999 (includiig, but not limited to, ! a stress test, EKG, a cardiac work-up, a cardiac consult); c. Failing to appropriately examine and/or o~ cardiac examination of Mr. Kline on or about August 12, 1999 (inch to, a stress test, EKG, an enzyme test, cardiac work-up, cardiac con., d. Failing to appropriately examine and/or ox cardiac examination of Mr. Kline after August 12, 1999 (including, stress test, EKG, an enzyme test, cardiac work-up, cardiac consult); e. Failing to diagnose and treat Mr. Kline's car~ coronary artery disease prior to August 20, 1999; f. Failing to recognize Mr. Kline's signs and sy~ August 12, 1999 and/or August 17, 1999 as consistent with ant impending myocardial infarction and ordering the diagnostic tests or rule out the same as the underlying cause of his symptoms; g. Dismissing the symptoms Mr. Kline was experi August 12, 1999 as being caused by "anxiety" without a reasonable h. Dismissing the symptoms Mr. Kline was exp~ August 17, 1999 as being caused by a "bug bite" without a reasonab] i. Failing to take the necessary steps to make an der the appropriate ding, but not limited ult); der the appropriate but not limited to, a iac condition and/or nptoms on or about characteristic of an aecessary to confirm encing on or about asis for doing so; iencing on or about e basis for doing so; accurate assessment 13 of Mr. Kline's condition at the time of his presentation to the Defehdant Corporation on or about August 12, 1999, including but not limited to obtainin~ a complete medical history, an EKG, stress test, laboratory studies, cardiac enzyme consult, a complete cardiac examination, and/or other diagnostic te j. Failing to take the necessary steps to make ar of Mr. Kline's condition at the time of Plaintiffs' telephone cE Corporation on or about August 17, 1999, including but not limited medical history, performing a physical examination, performing laboratory studies, cardiac enzyme studies, a cardiology consult examination, and/or other diagnostic testing; k. Failing to consult with a cardiologist re symptoms at any time between August 12, 1999 and August 20, 19! thereto; I. Failing to have Mr. Kline examined by a card kugust 12, 1999 and/or August 17, 1999; m. Failing to admit and/or send Mr. Kline to the the evening of August 12, 1999 and/or August 17, 1999 to hay examined, evaluated, and assessed; n. Failing to properly treat Mr. Kline for his sy: consistent with possible myocardial infarction during his present; Family Physicians on or about August 12, 1999; o. Failing to examine, properly treat and/or following his telephone call to Good Hope Family Physicians on 1999; studies, a cardiology sting; accurate assessment I1 to the Defendant to taking a complete an EKG, stress test, a complete cardiac garding Mr. Kline's ~9 and/or at any time iologist on or about emergency room on Mr. Kiine properly nptoms which were ttion to Good Hope evaluate Mr. Kline Dr about August 17, 14 po 1999 as requested by Plaintiffs; q. Delaying the proper diagnosis and treat condition, which led to the extensive myocardial infarction and damage to his heart, eyesight, and overall health; r. Misdiagnosing Mr. Kiine's symptoms as bein and/or an elevated blood/sugar level; s. Failing to recommend, order or perform cont Mr. Kiine's condition on the evening of August 12, 1999 and/or Aw any time prior thereto; Failing to recommend, order or obtain a cart timely fashion; U. Refusing to approve and/or perform an EKG c~n or about August 12, Failing to recognize Mr. Kline's symptoms impending myocardial infarction and/or coronary artery disease; v. Failing to recommend or order any type oftr or diminish the damage to Mr. Kline's heart, eyesight, and/ imely fashion; w. Failing to recommend or order continuou monitoring in a timely fashion; X. fashion; Failing to recommend or order oxygen therap3 Failing to recommend or order nitroglycerine Failing to recommend or order beta-adrenergi ZJ a timely fashion; nent of Mr. Kline's ~ltimately permanent caused by diabetes auous monitoring of :ust 17, 1999 and/or ac consultation in a consistent with an ~tment or therapy to ~r overall health in a electrocardiogram in a timely fashion. therapy in a timely blocking agents in 15 fashion; fashion; aa. bb. Failing to recommend or order anticoagulati0n therapy in a timely Failing to recommend or order magnesium cc. Failing to recommend or order any sort of including but not limited to tissue plasminogen activator (TPA) in a dd. Failing to recommend or order any type ofthl a timely fashion; ee. Failing to recommend, order or perform acm a timely fashion; f. Failing to recommend, order or perform an fashion; gg. Failing to recommend, order or perform cor, angioplasty in a timely fashion; Failing to recommend, order or perform bypa: hh. fashion. ii. Failing to recommend, order or perform a: treatment designed to increase the oxygen supply to the heart and/c jj. Failing to recognize Mr. Kline's medical histo~ and its significance with respect to his risks for coronary arte.~ myocardial infarction; kk. Placing their own personal goals ahead of the of their patient, Terry Kline; 11. Failing to examine, monitor, evaluate and/or August 12, 1999 and/or August 17, 1999 and/or any time prior theret therapy in a timely reperfusion therapy, :imely fashion; 'ombolytic therapy in 'diac catherization in ,~ioplasty in a timely ~ary artherectomy or surgery in a timely form of medical reduce ischemia. and family history disease and/or a health and welfare treat Mr. K]ine on 16 mm. chest pain were potentially life threatening; nn. Failing to minimize the risk and/or damag~ ! Mr. Kline's myocardial infarction; oo. Inappropriately and improperly recommenc home and take antacids and medication to regulate his biood/suga pp. Inappropriately and improperly instructing Corporation to send Mr. Kline home without ever having beef physician. Failing to appreciate and recognize that MA. Kline's complaints of 49. As a direct and proximate result of the Defenda negligence, and/or reckless indifference, the Plaintiffs have s~ damages as set forth in paragraphs 1 through 43 above, which al by reference as if set forth at length. /f//~.~, Terry Kline and Cheryl Kline, demand judgm~ Good Hope Family Physicians for injuries in the form of comp~ damages in an amount in excess of Twenty-Five Thousand Dollars of interest and costs and in excess of any jurisdictional amount arbitration. or otherwise prevent ing that Mr. Kline go r level. :he staff of Defendant fully evaluated by a it's negligence, gross lstained injuries and incorporated herein :nt against Defendant ~nsatory and punitive ~;25,000.00), exclusive requiring compulsory 17 COUNT !11 - VICARIOUS LIABILITY TERRY KLINE AND CHERYL KLINE v. GOOD HOPE FAMILY PHYSICIANS 50. Paragraphs 1 through 43 of this Complaint are in( reference as if set forth at length. 51. Defendant Good Hope Family Physicians, through agents, ostensible agents, employees, and/or servants, is liable to injuries and damages alleged herein which were directly and proxi negligence, gross negligence and/or reckless indifference with respe a. Failing to timely obtain a complete family me¢ b. Failing to examine and/or order and/or perf cardiac examination of Mr. KJine prior to August 12, 1999 (includin a stress test, EI~G, a cardiac work-up, a cardiac consult); c. Failing to appropriately examine and/or ol cardiac examination of Mr. Kline on or about August 12, ! 999 (inclu to, a stress test, El(G, an enzyme test, cardiac work-up, cardiac con: d. Failing to appropriately examine and/or o: cardiac examination of Mr. KJine after August 12, 1999 (including, stress test, El(G, an enzyme test, cardiac work-up, cardiac consult); e. Failing to diagnose and treat Mr. Kline's card coronary artery disease prior to August 20, 1999; orporated herein by its agents, apparent the Plaintiffs for the nately caused by it's ct to Terry Kline by: ical history; )rm the appropriate ;, but not limited to, ter the appropriate ~ing, but not limited dt); ler the appropriate )ut not limited to, a ac condition and/or 18 f. Failing to recognize Mr. Kline's signs and ~ymptoms on or about August 12, 1999 and/or August 17, 1999 as consistent with a~d characteristic of an impending myocardial infarction and ordering the diagnostic test or rule out the same as the underlying cause of his symptoms; g. Dismissing the symptoms Mr. Kline was e~ August 12, 1999 as being caused by "anxiety'' without a reasonabl h. Dismissing the symptoms Mr. Kline was ex August 17, 1999 as being caused by a "bug bite" without a reasor i. Failing to take the necessary steps to make of Mr. Kline's condition at the time of his presentation to the De: or about August 12, 1999, including but not limited to obtainin history, an EKG, stress test, laboratory studies, cardiac enzyme consult, a complete cardiac examination, and/or other diagnostic j. Failing to take the necessary steps to make of Mr. Kline's condition at the time of Plaintiffs' telephone Corporation on or about August 17, 1999, including but not limit~ medical history, performing a physical examination, performin laboratory studies, cardiac enzyme studies, a cardiology consu examination, and/or other diagnostic testing; k. Failing to consult with a cardiologist symptoms at any time between August 12, 1999 and August 20, 1 prior thereto; necessary to confirm ~riencing on or about basis for doing so; eriencing on or about ble basis for doing so; n accurate assessment ~ndant Corporation on g a complete medical studies, a cardiology ~sting; accurate assessment I1 to the Defendant to taking a complete an EKG, stress test, a complete cardiac ~arding Mr. Kline's 99 and/or at any time 19 August 12, 1999 and/or August 17, 1999; m. Failing to admit and/or send Mr. Kline to the the evening of August 12, 1999 and/or August 17, 1999 to hay, examined, evaluated, and assessed; n. Failing to properly treat Mr. Kline for his sy~ consistent with possible myocardial infarction during his present Family Physicians on or about August 12, 1999; o. Failing to examine, properly treat and/or following his telephone call to Good Hope Family Physicians on 1999; p. Refusing to approve and/or perform an EKG or 1999 as requested by Plaintiffs; q. Delaying the proper diagnosis and treatn condition, which led to the extensive myocardial infarction and damage to his heart, eyesight, and overall health; r. Misdiagnosing Mr. Kline's symptoms as bein and/or an elevated blood/sugar level; s. Failing to recommend, order or perform cont Mr. Kline's condition on the evening of August 12, 1999 and/or Au~ any time prior thereto; t. Failing to recommend, order or obtain a card: timely fashion; u. Failing to recognize Mr. Kline's symptoms as impending myocardial infarction and/or coronary artery disease; Failing to have Mr. Kline examined by a cardiologist on or about emergency room on Mr. Kline properly ~ptoms, which were ~tion to Good Hope evaluate Mr. Kline ~r about August 17, or about August 12, ~ent of Mr. Kline's Itimately permanent caused by diabetes auous monitoring of ;ust 17, 1999 and/or ac consultation in a consistent with an 20 to timely fashion; u. Failing to recognize Mr. Kline's symptoms impending myocardial infarction and/or coronary artery disease; v. Failing to recommend or order any type prevent or diminish the damage to Mr. Kline's heart, eyesight, and timely fashion; w. Failing to recommend or order continum monitoring in a timely fashion; Failing to recommend or order oxygen therap Failing to recommend or order nitroglycerin XJ y. fashion; Z. a timely fashion; fashion; bb. fashion; Failing to recommend, order or obtain a cardiac consultation in a Failing to recommend or order beta-adrenerg Failing to recommend or order anticoagulatic Failing to recommend or order magnesium Failing to recommend or order any sort of including but not limited to tissue plasminogen activator (TPA) in a ~ dd. Failing to recommend or order any type ofth~ a timely fashion; ee. Failing to recommend, order or perform a ca~ a timely fashion; consistent with an Itment or therapy to 'or overall health in a ts electrocardiogram in a timely fashion. therapy in a timely blocking agents in n therapy in a timely therapy in a timely reperfusion therapy, :imely fashion; ombolytic therapy in diac catherization in 21 fashion; Failing to recommend, order or perform an~ioplasty gg. Failing to recommend, order or perform coro angioplasty in a timely fashion; Failing to recommend, order or perform bypa hh. fashion. ii. Failing to recommend, order or perform treatment designed to increase the oxygen supply to the heart an~ jj. Failing to recognize Mr. Kline's medical hist, and its significance with respect to his risks for coronary art myocardial infarction; kk. Placing their own personal goals ahead of th of their patient, Terry Kline; 11. Failing to examine, monitor, evaluate and/o August 12, 1999 and/or August 17, 1999 and/or any time prior there' mm. Failing to appreciate and recognize that Mr. chest pain were potentially life threatening; nn. Failing to minimize the risk and/or damage Mr. Kline's myocardial infarction; oo. Inappropriately and improperly recommendi home and take antacids and medication to regulate his blood/sugar I pp. Inappropriately and improperly instructing th Corporation to send Mr. Kline home without ever having been physician. in a timely nary artherectomy or surgery in a timely ny form of medical Pr reduce ischemia. ry and family history ry disease and/or a health and welfare treat Mr. Kline on ~o; (line's complaints of otherwise prevent that Mr. Kline go evel. staff of Defendant dly evaluated by a 22 52. negligence, and/or reckless indifference, the Plaintiffs have su damages as set forth in paragraphs I through 43 above, which arc by reference as if set forth at length. /4/~~ Terry Kline and Cheryl Kline, demand judgme Good Hope Family Physicians for injuries in the form of compe damages in an amount in excess of Twenty-Five Thousand Dollars (6 of interest and costs and in excess of any jurisdictional amount arbitration. As a direct and proximate result of the Defendarlt's negligence, gross COUNT IV- LOSS OF CONSORTIUM CHERYL KLINE ¥. GOOD HOPE FAMILY PHYISICANS, ET AL. 53. The allegations contained in Paragraphs Complaint are incorporated herein by reference as if fully set forth. 54. As a direct and proximate result of the neglige Plaintiff, Cheryl Kline, has been deprived of the care, companionsl and consortium of her husband, Terry Kline, for all of which damage /4'fir~,~,, Plaintiff, Cheryl Kline, demands judgment in the compensatory and punitive damages against Defendants in an amou~ TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), together with inte thereon as allowed by law. stained injuries and incorporated herein at against Defendant lsatory and punitive 25,000.00), exclusive equiring compulsory - 43 of Plaintiffs' ace of Defendants, lip, services, society are claimed. form of it in excess of rest and costs 23 Dated: By: R.J. Marzella & Associ ~tes, P.C. Cl~arles W.~l~arsar, Jr/il:sq:' '~ Attorney Iden~fication 24 VERIFICATION We, Terry Kline and Cheryl Kline, hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the I~est of our knowledge, information and belief. We understand that the statements made herein are made subject to the ~enalties of Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Terry Kline Dated: Cheryl Kline 4' CERTIFICATE OF SERVICE i, Charles W. Marsar, Jr., hereby certi~ that a true am foregoing document was served upon counsel of record this by depositing said copy in the United States Mail postage prep; and addressed as follows: Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Attorneys for Defendants, Cathleen Sangillo, M.D., Ernes Good Hope Family Practice 1830 Good Hope Road Enola, PA 17025 R.J. Marzella & BY:~~'~Charles..~g~ correct copy of the day of June, 2002, ~id, first-class deliver, :JoseL M.D.) Associates, P.C. THOMAS, THOMAS & HAFER, LLP By: Evan Black, Esquire Identification No. 17884 By: Hugh P. O'Neill, III, Esquire Identification No. 69986 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorney for Defendants Ernest Josef, M. D. and Cathleen Sangillo, M. D. TERRY KLINE and CHERYL KLINE, Plaintiffs Vo GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., and CATHLEEN SANGILLO, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-02079 JURY TRIAL DEMANDED AND NOW, this __ day of ,2002, a Rule to Show Cause is entered against Plaintiffs to show cause within twenty (20) days of the date of this Order, why the Preliminary Objections of Defendants Ernest Josef, M.D. and Cathleen Sangillo, M.D. should not be affirmed and an Order entered granting the relief requested, as follows: 1. The term "including but not limited to" is stricken from Plaintiffs' Complaint and from, in particular, Paragraph 45, 45(b), (c), (d), (i), (j), (nn) and Paragraph 48Co), (c), (d), (i), (.j) and (nn), and Paragraphs 45(kk) and 48(kk); and 2. All references to reckless indifference, gross negligence and claims for punitive damages are stricken from Plaintiffs' Complaint, with prejudice from, including but not limited to, Paragraphs 31-42; 45; 46; 48 and 49. Defendants shall file an Answer and New Matter to Plaintiffs' Complaint within thirty (30) days of the date of this Order. SO ORDERED: THOMAS, THOMAS & HAFER, LLP By: Evan Black~ Esquire Identification No. 17884 By: Hugh P. O'Neill, III, Esquire Identification No. 69986 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorney for Defendants Ernest Josef, M. D. and Cathleen Sangillo, M. D. TERRY KLINE and CHERYL KLINE, Plaintiffs GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., and CATHLEEN SANGILLO, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-02079 JURY TRIAL DEMANDED County Court. 2. Plaintiffs filed a Complaint on or about June 16, 2002 with the Cumberland The Complaint alleges negligence, gross negligence and reckless indifference against Moving Defendants associated with alleged medical malpractice. 3. Specifically, Plaintiffs allege that Defendants were negligent, grossly negligent and reckless in failing to timely diagnose and treat PlaintifFs myocardial infarction. A copy of Plaintiffs' Complaint is attached hereto as Exhibit "A." 4. The Complaint makes a claim for personal injuries, loss of consortium and punitive damages against the Moving Defendants. 5. There are several defects and/or deficiencies in Plaintiffs' Complaint. Accordingly, Defendants file these Preliminary Objections. I. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE/FOR A MORE SPECIFIC PLEADING PURSUANT TO Pa.R.C.P. 1028(a)(3) 6. Plaintiffs' Complaint makes extensive use of the term "including but not limited 7. This term is impermissibly vague, broad and conclusory and should be stricken with prejudice from Plaintiffs' Complaint. 8. Plaintiffs' counsel uses the phrase "including but not limited to" in Paragraph 45(b), (c), (d), (i), (j), (nn) and Paragraph 48Co), (c), (d), (i), (j), (kk) and (nn). 9. The aforementioned paragraphs and subparagraphs fail to adequately advise the Defendants of how they were negligent, grossly negligent and reckless. 10. Pennsylvania is a fact pleading state and pursuant to Pa.R.C.P. 1019(a), Plaintiffs must set forth facts to support their claims against the Moving Defendants. 11. Plaintiff has failed to plead facts in the noted portions of the Complaint which would support her claims against the Moving Defendants. In the noted paragraphs and subparagraphs, Plaintiff has simply made broad, vague and all encompassing allegations that Moving Defendant has failed to use care in treating Plaintiff's myocardial infarction. 12. Even reading the Complaint as a whole, the allegations contained in the noted paragraphs lack the requisite specificity required by the Pennsylvania Rules of Civil Procedure. 13. These kind of vague and conchisory allegations of negligence afford Plaintiff the opportunity to introduce new theories of recovery at any time prior to the commencement of trial and after the expiration of the statute of limitations. See Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983). 14. Moving Defendants are prejudiced by these allegations, because a defense to these vague and conclusory allegations cannot be prepared. 15. Pursuant to Pa.R.C.P. 1028, this Court is empowered to strike from Plaintiff's Complaint any allegations which fail to conform to law or role of Court. In the alternative, the Court can direct Plaintiff to file a more specific pleading. WHEREFORE, Moving Defendants respectfully request that this Honorable Court grant their Preliminary Objection in the form of a Motion to Strike and strike the referenced paragraphs from Plaintiffs' Complaint, with prejudice, or in the alternative, direct that Plaintiff file a more specific pleading. II. Preliminary Objection in the Nature of A Demurrer and to Strike Count VI of Plaintiff's Complaint for Punitive Damages and All References to "Reckless" or Similar Conduct 16. In Paragraphs 31-42, Plaintiffs allege gross negligence and reckless disregard on the part of the Defendants. 17. In Paragraph 45, Plaintiffs allege gross negligence and reckless disregard on the part of the Defendant Josef. 18. In Paragraph 48, Plaintiffs allege gross negligence and reckless disregard on the part of the Defendant Sangillo. 19. However, Plaintiff's Complaint fails to set forth any action or inaction which would constitute reckless or gross negligence to justify the imposition of punitive damages. 20. Ordinary or even gross negligence cannot suffice for the imposition of punitive damages. Martin v. Johns-Mansville Corp., 508 Pa. 154, 494 A.2d 1088, 1097-1098 (1985). 21. Absent factual allegations which support a claim of outrageous conduct or conduct with an evil motive or reckless indifference to the rights of others, Plaintiff cannot, as a matter of law, sustain a cause of action for punitive damages and thus, the demand for punitive damages must be dismissed. Chambers v. Philadelphia, 411 Pa. 339, 192 A.2d 355 (1963); Feld v. Miriam, 506 Pa. 383,485 A.2d 742 (1984). 22. Pennsylvania law does not allow an award of punitive damages for mere inadvertence, mistake, error of judgment and the like, which constitutes ordinary negligence. Field v. Philadelphia Electric Co., 388 Pa. Super. 400, 565 A.2d 1170, 1184 (1989). 23. As to Defendants, the allegations contained in these paragraphs, if proven, may simply represent an error of judgment or mistake constituting ordinary negligence. These paragraphs may represent, if believed by a jury, a failure to diagnose Mr. Kline's myocardial infarction and not the type of conduct to justify the imposition of punitive damages. 4 WHEREFORE, Defendants respectfully request that this Honorable Court grant their Preliminary Objections and strike ail references to gross negligence and reckless indifference in Plaintiffs' Complaint and ail claims for punitive damages with prejudice. Respectfully, THOMAS, THOMAS & H~-'L~ BYEvA~ HUGH P. O'NEILL, III, ESQ. Attorneys for Defendants Ernest Josef, M.D. and Cathleen Sangillo, M.D. CERTIFICATE OF SERVICE I, Hugh P. O'Neill, I~, Esquire, hereby certify that a tree and correct copy of the foregoing was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the~day of o~"~t~- ,2002, on all counsel of records as follows: Charles W. Marsar, Jr., Esq. R. J. Marzella & Associates, P. C. 3513 North Front Street Harrisburg, PA 17110 (Attorneys for Plaintiffs) Good Hope Family Physicians, P. C. 1830 Good Hope Road South Enola, PA 17025 :172607.1 P,. J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 Facsimile: {7171 234-6883 Attorneys for Plaintii~, Terry Kllne and Cheryl Kline IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRY KLINE and CHERYL KLINE, Husband and wife, Plaintiffs VS. GOOD HOPE FAMILY PHYSICIANS, P.C. ERNESTJOSEF, M.D. CATHLEEN SANGILLO, M.D. Defendants Docket No. 2002-02-2079 JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after thi~. Complaint and Notice are served, by entering a written appearance personally or by an 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 Lawyer Referral Service 2 Liberty Ave. Carlisle, PA 17013 Tdephone (717) 249 - 3166 AVISO USTED HA $1DO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o pot medio de un abogado una comparecencia escrita y radicando en la Corte pot escrito sus defensas de, y objeccioned a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un tallo pot cualquier suma de dinero reclamacion o remedio solictado pot el demandante puede ser xado en contra suya por la Corte, sin mas aviso adicional. Usted puede perder dinero propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ^BOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA $1GUENTE OFIClNA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cnmberlund County Lawyer Referral Service 2 Liberty Ave. Carlisle. PA 17013 Telephone (717) 249 - 3166 Dated: R. J. Marzella & Associat_~, P.C. By: IL J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, jr., Esquire PennsThrania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17110 Tdephone: (717) 234-7828 ' Fae_~imil¢; f7171 2.34-6883 Attorneys for Plaintiffs, Terry Kline and Cheryl K]ine IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW TERRY KLINE and CHERYL KLINE Husband and wife, 220 Reeser Road Camp Hill, PA 17011, Plaintiffs VS. GOOD HOPE FAMILY PHYSICIANS, P.C. ERNESTJOSEF, M.D.; CATHLEEN SANGILLO, M.D.; 1830 Good Hope Road Enola, PA 17025, Defendants DOCKET NO. 2002-02079 CIVIL JURY TRIAL DEMANDED COMPLAINT 1. Terry Kline, is an adult-individual, who at all relevant times hereto, resided at 220 Reeser Road, Camp Hill, Pennsylvania 17011, Cumberland County. 2. Cheryl Kline, is an adult-individual, who at all relevant times hereto, resided at 220 Reeser Road, Camp Hill, Pennsylvania 17011, Cumberland County. 3. Good Hope Family Physicians (hereinafter "Defendant Corporation") is a corporation duly incorporated under the laws of the Commonwealth of Pennsylvania, which operated a principal place of business, at all relevant times hereto, at 1830 Good Hope Road, Enola, PA 17025, Cumberland County. 4. Ernest josef, M,D. (hereina~er "Defendantjosef") is a duly licensed ~hysician under the laws of.the Commonwealth of Pennsylvania, who at all relevant times hereto was an employee, agent, apparent agent, ostensible agent, and/or servant of Defendant Corporation. 5. Cathleen Sangillo, M.D. (hereinafter "Defendant Sangillo") is a duly licensed physician under the laws of the Commonwealth of Pennsylvania, who at all relevant times hereto was an employee, agent, apparent agent, ostensible agent, and/or servant of'Defendant Corporation. 6. In 1999, Terry Kline was a 53-year-old man with a personal history of. diabetes and a family history of coronary artery disease. 7. In fact his father died of a heart attack, one of his brother's died ora heart attack, and his other brother had quadruple bypass surgery. 8. Although they knew or should have known of his significant history of heart disease, the defendants never performed and/or recommended any type of cardiac evaluation for Mr. Kline. 9. On or about August 11, 1999, Mr. Kline began to experience radiating chest pain. ~ 10. When the pain did not subsided, Mrs. Kline called Defendant Corporation on or about August 12, 1999 at about 6:00pm. 11. Mrs. l(line pleaded wi~h the receptionist of Defendant Corporation to schedule an appointment for that evening due to the severity of her husband's condition. 12. During this telephone conversation, Mrs. K]ine relayed to the receptionist that her husband had been experiencing radiating chest pains, body aches, and his mouth was dry. 13. for an evaluation of his chest pain. 14. In an apparent hurry to leave the o~ce, DefendantJosef merely checked Mr. Kline's blood/sugar level, which was elevated. 15. Neither an EKG, nor stress test, nor cardiac evaluation was performed. 16. Rather than performing any further studies, Defendant Josef quickly gave Mr. K/ine some antacid samples and warned him to go to the Emergency Room if his blood/sugar level reached 400. 17. On or about August 17, 1999, Mr. Kline's feet, ankles, and legs began to swell. At approximately 8:40pm, Mr. Kline presented to Defendant Corporation 18. Even more alarming, his chest and abdomen were swollen. 19. Mrs. Kline immediately telephoned Defendant Corporation and informed an agent thereof that in addition to her husband's chest pain, portions of his body were now beginning to swell.: 20. Defendant Sangillo told Mrs. Kline that he did not need to be seen by a physician and not to worry about the swelling. 21. On br about August 26~ 1999, Mr. Kline went to work still experiencing chest pain. 22. Throughout the course of the day, his chest pain became so severe that he was forced to leave work early. 23. Upon arriving home, Mr. Kline collapsed to floor. 24. Mrs. Kline rushed her husband to Holy Spirit Hospital where it was immediately discovered that he had suffered a severe myocardial infarction complicated by a rupture of the intra ventricular septum. 25. From there, Mr. Kline was transferred to Harrisburg Hospital where open heart surgery could be performed. 26. Due to the excessive delay in diagnosing and treating Mr. Kline, such an incredible amount of damage had been done to his heart that he required transfer to Temple University Hospital in Philadelphia for more intensive treatment and a possible heart transplant. 27. After approximately a one month stay at Temple University Hospital, Mr. Kline was discharged to HealthSouth Rehabilitation and approximately three weeks later he was discharged home, but not without sustaining devastating permanent injuries. 28. As a result of the defendants' negligence, Mr. Kline suffered from ischemic optic neuropathy and/or some other condition causing his total blindness. 29. At age 53, ~r. Kline was forced to learn to live the rest of his life totally blind. 30. He is in the process of attending schools in an effort to learn how to perform everyday'activities without l~is sight. 31. As a direct and proximate result of the Def.endants~ negligence, gross negligence and reckless disregard, the above-captioned def.endants are jointly and severally liable for all injuries Sustained by the Plainti~s and alleged herein. 32. As a direct and proximate result of the Def.endants~ negligence, gross negligence and reckless disregard f.or his welf.are as alleged herein, Mr. ~ine was unnecessarily separated f.rom his f.amily causing him severe mental and emotional distress and a claim is made theref.or. 33. As a direct and proximate result of. the Def.endants~ negligence, gross negligence and reckless disregard for his welfare as alleged herein, Mr. K]ine was placed at increased risk of'harm and a claim is made therefor. 34. As a direct and proximate result of. the Defendants' negligence, gross negligence and reckless disregard for his welfare as alleged herein, Mr. K1ine~s heart has been damaged, and his chances for long term survival have been decreased and a claim is made therefor. 35. AS a direct and proximate result of. the Defendants' negligence, gross negligence and reckless disregard for his welfare, Mr. ~ine~s cardiac condition and~or coronary artery disease went undetected and untreated, causing permanent and severe damage to his heart and other bodily organs and a claim is made therefor. 36. As a dire~ and proximate result of. the Defendants' negligence, gross negligence and reckless disregard for his welfare, Mr. K]ine has su~ered severe emotional damage due to the nature of.his condition and a claim is made therefor. 37. As a direct and proximate result of. the Defendants' negligence, gross negligence and reckless disregard for his welfare, the Plaintifi~s have been forced to incur $ liability for medical treatment, medicines, hospitalizations and similar miscellaneous expenses in an effort to restore Mr. Kline to health and because of the nature of said injuries, Plaintiffs are advised and therefore aver that they will be forced to incur similar medical and miscellaneous expenses in the future and a claim is made therefor. 38. As a direct and proximate result of the Defendants' negligence, gross negligence and reckless disregard for his welfare, PlaintiffTerry/(line has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities and a loss of life's pleasures and enjoyment and a ctaim is made therefor. 39. As a direct and proximate result of the Defendants' negligence, gross negligence and reckless disregard for his welfare, Plaintiff Terry Kline has been and will in the future will be subject to great humiliation and embarrassment and disfigurement and a claim is made therefor. 40. As a direct and proximate result of the Defendants' negligence, gross negligence and reckless disregard for his welfare, Plaintiff Terry Kline has sustained and will continue to sustain a loss of past and future earnings, a loss of earning power and a loss of earning capacity and a claim is made therefor. 41. As a direct and proximate result of the Defendants' negligence, gross negligence and reckless disregard for his welfare, Plaintiff Terry Kline has a significantly increased risk of suffering a myocardial infarction or other heart related problems in the future due to the damaged condition of his heart and a claim is made therefor. % 42. AS a direct and proximate result of the Defendants' negligence, gross negligence and reckless disregard for Terry Kline's welfare, Plaintiff Cheryl K]ine has been and in the future will be forced to incur medical bills relating to her husband's treatment and has also suffered and will continue to suffer a loss of intimacy, consortium, society, services, advice and companionship and a claim is made therefor. 43. Plaintiffs have been advised and therefore aver that the aforementioned injuries are permanent in nature and a claim is made therefor. COUNT I - NEGLIGENcP TERRY KLINE AND CHERYL KLINE ¥, ERNEST M. JOSEF, M.D. 44. Paragraphs I through 43 of this Complaint are incorporated herein by reference as if set forth at length. 45. Defendant Josef is liable to the Plaintiffs for the injuries and damages alleged herein which were directly and proximately caused by their negligence, gross negligence and/or reckless indifference with respect to Terry Kline by: .. Failing to examine and/or order the appropriate cardiac examination of Mr. [(line prior to August 12, 1999 (including, but not limited to, a stress test, EKG, an enzyme test); a. Failing to timely obtain a complete family medical history; b. Failing to examine and/or order and/or perform the appropriate % :ardiac examination of Mr. Kline prior to August 12, ~999 (including, but not limited to, a stress test, EKG, a cardiac work-up, a cardiac consult); c. Failing to appropriately examine and/or order the appropriate cardiac examination of Mr. [(line on or about August 12, 1999 (including, but not limited to, a stress test, EKG, an enzyme test, cardiac work-up, cardiac consult); d. Failing to appropriately examine and/or order the appropriate cardiac examination of Mr. Idine after August 12, 1999 (including, but not limited to, a stress test, El(G, an enzyme test, cardiac work-up, cardiac consult); e. Failing to diagnose and treat Mr. Kline's cardiac condition and/or coronary artery disease prior to August 20, 1999; f. Failing to recognize Mr. [(line's signs and symptoms on or about August 12, 1999 and/or August 17, 1999 as consistent with and characteristic of an impending myocardial infarction and ordering the diagnostic tests necessary to confirm or rule out the same as the underlying cause of his symptoms; g. Dismissing the symptoms Mr. Kline,was experiencing on or about August 12, 1999 as being caused by "anxie~' without a reasonable basis for doing so; h. Dismissing the symptoms Mr. Kline was experiencing on or about August 17, 1999 as being caused by a "bug bite" without a reasonable basis for doing so; i. Failing to take the necessary steps to make an accurate assessment of Mr. Kline's condition at the time of his presentation to the Defendant Corporation on or about August 12, 19~9, including but not limited to obtaining a complete medical history, an EKG, stress test, laboratory studies, cardiac enzyme studies, a cardiology consult, a complete cardiac examination, and/or other diagnostic testing; Failing to take the necessary steps to make an accurate assessment of Mr. l~ine's condition at the time of Plaintiffs' telephone call to the Defendant Corporation on or about August 17, 1999, including but not limited to taking a complete medical history, peH'orming a physical examination, performing an EKG, stress test, laboratory studies, cardiac enzyme studies, a cardiology consult, a complete cardiac examination, and/or other diagnostic testing; k. Failing to consult with a cardiologist regarding Mr. Kline's symptoms at any time between August 12, 1999 and August 20, 1999 and/or at any time prior thereto; 1. Failing to have Mr. Kline examined by a cardiologist on or about August 12, 1999 and/or August 17, 1999; m. Failing to admit and/or send Mr. Kline to the emergency room on the evening of August 12, 1999 and/or August 17, 1999 to have Mr. Kline properly examined, evaluated, and assessed; n. Failing to properly treat Mr. Kline for his symptoms, which were consistent with possible myocardial infarction during his presentation to Good Hope Family Physicians on or about August 12, 1999; o. Failing to examine, properly treat and/or evaluate Mr. Kline following his telephone call to Good Hope Family Physicians on or about August 17, 1999; p. Refusing to approve and/or perform an EKG on or about August 12, 1999 as requested by Plaintiffs; q. Delaying the proper diagnosis and treatment of Mr. Kline's condition, which led to the extensive myocardial infarction and ultimately permanent damage to his heart, eyesight, and overall health; r. Misdiagnosing Mr. Kline's symptoms as being caused by diabetes and/or an elevated blood/sugar level; s. Failing to recommend, order or perform continuous monitoring of Mr. Kline's condition on the evening of August 12, 1999 and/or August 17, 1999 and/or any time prior thereto; timely fashion; Failing to recommend, order or obtain a cardiac consultation in a u. Failing to recognize Mr. Kline's symptoms as consistent with an impending myocardial infarction and/or coronary artery disease; v. Failing to recommend or order any type of treatment or therapy to prevent or diminish the damage to Mr. Kline's heart, eyesight, and/or overall health in a timely fashion; w. Failing to monitoring in a timely fashion; fashion; recommend or order continuous electrocardiogram Failing to recommend or order oxygen therapy in a timely fashion. Failing to recommend or order nitroglycerine therapy in a timely. a timely fashion; Vailing to recommend or order beta-adrenergic blocking agents in fashion; fashion; aa. Failing to recommend or order anticoagulation therapy in a timely bb. Failing to recommend or order magnesium therapy in a timely cc. Failing to recommend or order any sort of reperfusion therapy, including but no~;limited to tissue plhsminogen activator (TPA) in a timely fashion; 10 dd. a timely fashion; Failing to recommend or order any type ofthrombolytic therapy in ee. a timely fashion; ff. fashion; Failing to recommend, order or perform a cardiac catherization in Failing to recommend, order or perform angioplasty in a timely gg. Failing to recommend, order or perform coronary artherectomy or angioplasty in a timely fashion; fashion. hh. Failing to recommend, order or perform bypass surgery in a timely ii. Failing to recommend, order or perform any form of medical treatment designed to increase the oxygen supply to the heart and/or reduce ischemia. Failing to recognize Mr. Kline's medical history and family history and its significance with respect to his risks for coronary artery disease and/or a myocardial infarction; kk. Placing their own personal goals ahead of the health and welfare of their patient, Terry Kline; " 11. Failing to examine, monitor, evaluate and/or treat Mr. Kline on August 12, 1999 and/or August 17, 1999 and/or any time prior thereto; mm. Failing to appreciate and recognize that Mr. Kline's complaints of chest pain were potentially life threatening; nn. Failing to minimize the risk and/or damage or otherwise prevent Mr. Kline's myocardial infarction; oo. Inappropriately and improperly recommending that Mr. Kline go home and take ah~acids and medication to regulate his blood/sugar level. 11 PP. Inappropriately and improperly instructing the staff of Defendant Corporation to send Mr. Kline home without ever having been fully evaluated by a physician. 46. As a direct and proximate result of the Defendant's negligence, gross negligence, and/or reckless indifference, the Plaintiffs have sustained injuries and damages as set forth in paragraphs 1 through 43 above, which are incorporated herein by reference as if set forth at length. /4~'O~g~, Terry gline and Cheryl Kline, demand judgment against Defendant Good Hope Family Physicians for injuries in the form of compensatory and punitive damages in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT I! - NEGUGENCI: TERRY I~INE AND CHERYL KLINE V. CATHLEEN IC SANGILLO, M.D. 47. Paragraphs I through 43 of this Complaint are incorporated herein by reference as if set forth a~ length. 48. Defendant Sangillo is liable to the Plaintiffs for the injuries and damages alleged herein which were directly and proximately caused by their negligence, gross negligence and/or reckless indifference with respect to Terry K/ine by: 12 a. Failing to timely obtain a complete £amily medical history; b. Failing to examine and/or order and/or per~orm the appropriate cardiac examination or' Mr. Kline prior to August 12, 1999 (including, but not limited to, a stress test, EKG, a cardiac work-up, a cardiac consult); c. Failing to appropriately examine and/or order the appropriate cardiac examination ot Mr. Kline on or about August 12, 1999 (including, but not limited to, a stress test, EKG, an enzyme test, cardiac work-up, cardiac consult); d. Failing to appropriately examine and/or order the appropriate cardiac examination or' Mr. Kline after August 12, 1999 (including, but not limited to, a stress test, EKG, an enzyme test, cardiac work-up, cardiac consult); e. Failing to diagnose and treat Mr. Kline's cardiac condition and/or coronary artery disease prior to August 20, 1999; Failing to recognize Mr. Kline's signs and symptoms on or about August 12, 1999 and/or August 17, 1999 as consistent with and characteristic or' an impending myocardial infarction and ordering the diagnostic tests necessary to confirm or rule out the same as the underlying cause of his symptoms; g. Dismissing the symptoms Mr. Kline was experiencing on or about August 12, 1999 as being caused by "anxie~' without a reasonable basis for doing so; h. Dis~nissing the symptoms Mr. Kline was experiencing on or about August 17, 1999 as being caused by a "bug bite" without a reasonable basis for doing so; i. Failing to take the necessary steps to make an accurate assessment 13 of Mr. K]ine's condition at the time of his presentation to the Defendant Corporation on or about August 12, 1999, including but not limited to obtaining a complete medical history, an EKG, stress test, laboratory studies, cardiac enzyme studies, a cardiology consult, a complete cardiac examination, and/or other diagnostic testing; Failing to take the necessary steps to make an accurate assessment of Mr. Kline's condition at the time of Plaintiffs' telephone call to the Defendant Corporation on or about August 17, 1999, including but not limited to taking a complete medical history, performing a physical examination, performing an EKG, stress test, laboratory studies, cardiac enzyme studies, a cardiology consult, a complete cardiac examination, and/or other diagnostic testing; k. Failing to consult with a cardiologist regarding Mr. Kline's symptoms at any time between August 12, 1999 and August 20, 1999 and/or at any time ~rior thereto; 1. Failing to have Mr. Kline examined by a cardiologist on or about ~ugust 12, 1999 and/or August 17, 1999~ m. Failing to admit and/or send Mr. Kline to the emergency room on the evening of August 12, 1999 and/or August 17, 1999 to have Mr. Kline properly examined, evaluated, and assessed; n. Failing to properly treat Mr. Kline for his symptoms which were consistent with possible myocardial infarction during his presentation to Good Hope Family Physicians on or about August 12, 1999; o. Failing to examine, properly treat and/or evaluate Mr. Kline following his telephone call to Good Hope Family Physicians on or about August 17, 1999; , ~ ~ 14 p. Refusing to approve and/or perform an EKG on or about August 12, 1999 as requested by Plaintiffs; q. Delaying the proper diagnosis and treatment of Mr. Kline's condition, which led to the extensive myocardial infarction and ultimately permanent damage to his heart, eyesight, and overall health; r. Misdiagnosing Mr. Kline~s symptoms as being caused by diabetes and/or an elevated blood/sugar level; s. Failing to recommend, order or perform continuous monitoring of Kline's condition on the evening of August 12, 1999 and/or August 17, 1999 and/or any time prior thereto: Failing to recommend, order or obtain a cardiac consultation in a timely fashion; Failing to recognize Mr. Kline's symptoms as consistent with an impending myocardial infarction and/or coronary artery disease; v. Failing to recommend or order any ~ype of treatment or therapy to prevent or diminish the damage to Mr. Kline's heart, eyesight, and/or overall health in a. timely fashion; w. Failing to monitoring in a timely fashion; X. fashion; Zo recommend or order continuous electrocardiogram Failing to recommend or order oxygen therapy in a timely fashion. Failing to recommend or order nitroglycerine therapy in a timely Failing to recommend or order beta-adrenergic blocking agents in a timely fashion; 15 Fashion; fashion; aa. Failing to recommend or order anticoagulation therapy in a timely bb. Failing to recommend or order magnesium therapy in a timely cc. Failing to recommend or order any sort of reperfusion therapy, including but not limited to tissue plasminogen activator (TPA) in a timely fashion; dd. Failing to recommend or order any type ofthrombolytic therapy in a timely fashion; ee. Failing to recommend, order or perform a cardiac catherization in a timely fashion; ff. Failing to recommend, order or perform angioplasty in a timely fashion; gg. Failing to recommend, order or perform coronary artherectomy or angioplasty in a timely fashion: hh. Failing to recommend, order or perform bypass surgery in a timely :fashion. ii. Failing to recommend, order or perform any form of medical treatment designed to increase the oxygen supply to the heart and/or reduce ischemia. jj. Failing to recognize Mr. Kline's medical history and family history and its significance with respect to his risks for coronary artery disease and/or a myocardial infarction; kk. Placing their own personal goals ahead of the health and welfare of their patient, Terry Kline; 11. Failing to examine, monitor, evaluate and/or treat Mr. Kline on August 12, 1999'~.nd/or August 17, 1999 and/or any time prior thereto; 16 mm. Failing to appreciate and recognize that Mr. Kline's complaints of chest pain were potentially life threatening; nn. Failing to minimize the risk and/or damage or otherwise prevent Kline's myocardial infarction; oo. Inappropriately and improperly recommending that Mr. Kline go home and take antacids and medication to regulate his blood/sugar level. pp. Inappropriately and improperly instructing the staff of Defendant Corporation to send Mr. Kline home without ever having been fully evaluated by a physician. 49. As a direct and proximate result of the Defendangs negligence, gross negligence, and/or reckless indifference, the Plaintiffs have sustained injuries and damages as set forth in paragraphs I through 43 above, which are incorporated herein by reference as if set forth at length. /4///r_,AF~OA~,, Terry Kline and Cheryl Kline, demand judgment against Defendant % Good Hope Family Physicians for injuries in the form of compensatory and punitive damages in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT III - VICARIOUS LIABILITY TERRY KLINE AND CHERYL KLINE ¥. GOOD HOPE FAMILY PHYSICIANS 50. Paragraphs 1 through 43 of this Complaint are incorporated herein by reference as if set for'ch at leng'ch. $1. Defendant Good Hope l:amily Physicians, through its agents, apparent agents, ostensible agents, employees, and/or servants, is liable to the Plaintiffs for the ~njuries and damages alleged herein which were directly and proximately caused by it's negligence, gross negligence and/or reckless indifference with respect to Terry Kline by: a. Failing to timely obtain a complete family medical history; b. Failing to examine and/or order and/or perform the appropriate cardiac examination of Mr. Kline prior to ^ugust 12, 1999 (including, but not limited to, a stress test, EKG, a cardiac work-up, a cardiac consult); c. Failing to appropriately examine and/or order the appropriate" cardiac examination of Mr. Kline on or about ^ugust 12, 1999 (including, but not limited to, a stress test, EKG, an enzyme test, cardiac work-up, cardiac consult); d. Failing to appropriately examine and/or order the appropriate cardiac examination of Mr. Kline after August 12, 1999 (including, but not limited to, a test, EKG, an enzyme test, cardiac work-up, cardiac consult); e. Failing to diagnose and treat Mr. Kline's cardiac condition and/or :oronary artery disease prior to ^ugh. st 20, 1999; f. Failing to recognize Mr. Kline's signs and symptoms on or about August 12, 1999 and/or August 17, 1999 as consistent with and characteristic of an impending myocardial infarction and ordering the diagnostic tests necessary to confirm or rule out the same as the underlying cause of his symptoms; g. Dismissing the symptoms Mr. Kline was experiencing on or about August 12, 1999 as being caused by "anxiety' without a reasonable basis for doing so; h. Dismissing the symptoms Mr. Kline was experiencing on or about August 17, 1999 as being caused by a "bug bite" without a reasonable basis for doing so; i. Failing to take the necessary steps to make an accurate assessment of Mr. }(line's condition at the time of his presentation to the Defendant Corporation on or about August 12, 1999, including but not limited to obtaining a complete medical history, an EKG, stress test, laboratory studies, cardiac enzyme studies, a cardiology consult, a complete cardiac examination, and/or other diagnostic testing; j. Failing to take the necessary steps to make an accurate assessment of Mr. Kline's condition at the time of Plaintiffs' telephone call to the Defendant Corporation on or about August 17, 1999, including but not limited to taking a complete medical history, performing a physical examination, performing an EKG, stress test, laboratory studies, cardiac enzyme studies, a cardiology consult, a complete cardiac examination, and/or other diagnostic testing; k. Failing to consult with a cardiologist regarding Mr. Kline's symptoms at any time between August 12, 1999 and August 20, 1999 and/or at any time prior thereto; 19 1. Failing to have Mr. Kline examined by a cardiologist on or about August 12, 1999 and/or August 17, 1999; m. Failing to admit and/or send Mr. Kline to the emergency room on the evening of August 12, 1999 and/or August 17, 1999 to have Mr. KIine properly examined, evaluated, and assessed; n. Failing to properly treat Mr. Kline for his symptoms, which were consistent with possible myocardial infarction during his presentation to Good Hope Family Physidans on or about August 12, 1999; o. Failing to examine, properly treat and/or evaluate Mr. Kline following his telephone call to Good Hope Family Physicians on or about August 17, 1999; p. Refusing to approve and/or perform an EKG on or about August 12, 1999 as requested by Plaintiffs; q. Delaying the proper diagnosis and treatment of Mr. Kline's condition, which led to the extensive myocardial infarction and ultimately permanent damage to his heart, eyesight, and overall health; r. Misdiagnosing Mr. Kline's symptoms as being caused by diabetes and/or an elevated blood/sugar level; s. Failing to recommend, order or perform continuous monitoring of Mr. Kline's condition on the evening of August 12, 1999 and/or August 17, 1999 and/or any time prior thereto; t. Failing to recommend, order or obtain a cardiac consultation in a timely fashion; U. Failing to recognize Mr. Kline's symptoms as consistent with an impending myoc'~rdial infarction and/or coronary artery disease; 20 timely fashion; U. Failing to recommend, order or obtain a cardiac consultation in a Failing to recognize Mr. Kline~s symptoms as consistent with an impending myocardial infarction and/or coronary artery disease; v. Failing to recommend or order any type of treatment or therapy to prevent or diminish the damage to Mr. Kline's heart, eyesight, and/or overall health in a timely fashion; w. Failing to monitoring in a timely fashion; X. y. fashion; Zo a timely fashion; fashion; fashion; bb. recommend or order continuous' electrocardiogram Failing to recommend or order oxygen therapy in a timely fashion. Failing to recommend or order nitroglycerine therapy in a timely Failing to recommend or order beta-adrenergic blocking agents in Failing to recommend or order anticoagulation therapy in a timely Failing to recommend or order magnesium therapy in a timely cc. Failing to recommend or order any sort of reperfusion therapy, including but not limited to tissue plasminogen activator (TPA) in a timely fashion; dd. Failing to recommend or order any type of thrombolytic therapy in a timely fashion; a timely fashion; Failing to recommend, order or perform a cardiac catherization in 21 fashion; ff. Failing to recommend, order or perform angioplasty in a timely gg. Failing to recommend, order or perform coronary artherectomy or angioplasty in a timely fashion; hh. Failing to recommend, order or perform bypass surgery in a timely fashion. ii. Failing to recommend, order or perform any form of medical treatment designed to increase the oxygen supply to the heart and/or reduce ischemia. Failing to recognize Mr. Kline's medical history and family history and its significance with respect to his risks for coronary artery disease and/or a myocardial infarction; kk. Placing their own personal goals ahead of the health and welfare of their patient, Terry Kline; 11. Failing to examine, monitor, evaluate and/or treat Mr. Kline on August 12, 1999 and/or August 17, 1999 and/or any time prior thereto; mm. Failing to appreciate and recognize that Mr. Kline's complaints of. chest pain were potentially life threatening; nn. Failing to minimize the risk and/or damage or otherwise prevent Mr. Kline's myocardial infarction; oo. Inappropriately and improperly recommending that Mr. Kline go home and take antacids and medication to regulate his blood/sugar level. pp. Inappropriately and improperly instructing the staff of Defendant Corporation to send Mr. Kline home without ever having been fully evaluated by a physician. 22 52. As a direct and proximate result of the Defendant's negligence, gross negligence, and/or reckless indifference, the Plaintiffs have sustained injuries and damages as set forth in paragraphs I through 43 above, which are incorporated herein by reference as if set forth at length. /4~7P,,~, Terry Kline and Cheryl Kline, demand judgment against Defendant Good Hope Family Physicians for injuries in the form of compensatory and punitive damages in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV - LOSS OF CONSORTIUM GOOD HOPE FAMILY PHYISICANS, ET AL. 53. The allegations contained in Paragraphs I - 43 of Plaintiffs' Complaint are incorporated herein by reference as if fully set forth. .. 54. As a direct and proximate result of the negligence of Defendants, Plaintiff, Cheryl Kline, has been deprived of the care, Companionship, services, sodety and consortium of her husband, Terry Kline, for all of which damages are claimed. /47/~O~,.F,, Plaintiff, Cheryl Kline, demands judgment in the form of compensatory and punitive damages against Defendants in an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), together with interest and costs thereon as allowed by law. 23 Dated: ILJ. Marzella &Associates, P.C. AttOrney Ic]'en~ification No.C88072 24 VERIFICATION We, Terry Kline and Cheryl Kline, hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that the statements made herein are made subject to the ~enalties of Pa.C.S. § 4904 relating to unsworn falsifications to authorities. )ated: Terry Kline Dated: Cheryl Kline f CERTIFICATE OF SERVICE. 1, Charles W. Marsar, Jr., hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this I(~ .day of June, 2002, by depositing said copy in the United States Mail postage prepaid, first-class deliver, and addressed as follows: Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Attorneys for Defendants, Cathleen Sangillo, M.D., EmestJosef, M.D.) Good Hope Family Practice 1830 Good HOpe Road Enola, PA 17025 R.I. Marzella & Associates, P.C. 'LChar e ar ~ j. S~gZ~.~A & ASSOOA~S, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17110 Telephone: (7~ 7) 234-7828 Fa,-~:~ile: (717~ 234-6883 Attorneys for Plaintiffs, Terry Kline and Cheryl Kline IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRY KLINE and CHERYL KLINE, Husband and wife, Plaintiffs VS. GOOD HOPE FAMILY PHYSICIANS, P.C. ERNESTJOSEF, M.D. CATHLEEN SANGILLO, M.D. Defendants No. 2002-02-2079 JURY TRIAL DEMANDED PI~NTIFFS' REPLY TO DEFENDANTS ERNESTJOSBF, M.D. and CATHLEEN SANGILLO, M.D.'s PREUMINARY OBJECTIONS NOW COMES, Plaintiffs, Terry Kline and Cheryl Kline, by and through their attorneys, R.J. Marzeila & Associates, P.C., by way of filing this reply to Preliminary Objections: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. The averments in this paragraph state a conclusion of law to which no response it required. By way of further response, it is specifically denied that there are several defects and/or deficiencies in Plaintiffs' Complaint. 6. Denied as stated. While it is denied that the Complaint makes "extensive" use of the phrase including but not limited to, it is admitted that the phrase is incorporated in the Complaint. 7. The averments in this paragraph state a conclusion of law to which no response it required. By way of further response, it is specifically denied that the term is ~mpermissibly vague, broad and conclusory and should be stricken with prejudice from Plaintiff's Complaint. 8. Admitted in part. It is denied that paragraphs 45(nn) and 48 (kk) and (nn) utilize the phrase "including but not limited to." 9. The averments in this paragraph state a conclusion of law to which no response it required. By way of further response, it is specifically denied that the aforementioned paragraphs fail to adequately advise the Defendants of how they were negligent, grossly negligent and reckless. 10. The averments in this paragraph state a conclusion of law to which no response it required. By way of further response, it is admitted. 11. The averments in this paragraph state a conclusion of law to which no response it required. By way of further response, it is specifically denied that the Plaintiffs have failed to plead facts in support of their claims against the Moving- Defendants. Further, it is denied that the Plaintiffs have simply made broad, vague and all encompassing allegations. 12. The averments in this paragraph state a conclusion of law to which no response it required. By way of further response, it is specifically denied even reading the Complaint as a whole, the allegations at issue lack the requisite specificity required by the Pennsylvania Rules of Civil Procedure. 13. The averments in this paragraph state a conclusion of law to which no response it required. By way of further response, it is specifically denied the allegations set forth in the Complaint afford the Plaintiffs the opportunity to introduce new theories ~f recovery. 14. The averments in this paragraph state a conclusion of law to which no 'esponse it required. By way of further response, it is specifically denied that the Moving-Defendants are unfairly prejudiced by the alleged vague wording of the Complaint. 15. The averments in this paragraph state a conclusion of law to which no response it required. By way of further response, it is specifically denied that the Complaint fails to comply with the law or rule of Court. 16. Admitted. 17. Admitted. 18. Admitted. 19. The averments in this paragraph state a conclusion of law to which no response it required. By way of further response, it is specifically denied that the ~laint fails to set forth any action or inaction which constitutes reckless or gross negligence. 20. The averments in this paragraph state a conclusion of law to which no response it required. 21. The averments in this paragraph state a conclusion of law to which no response it required. 22. The averments in this paragraph state a conclusion of law to which no response it required. 23. The averments in this paragraph state a conclusion of law to which no response it required. By way of further response, it is specifically denied that the allegations set forth in the Complaint do not support a claim for punitive damages against the Moving-Defendants. WHEREFORE, the Plaintiffs, Terry Kline and Cheryl Kline, respectfully request this Honorable Court deny the Moving-Defendants' Preliminary Objections, or in the alternative, grant the Plaintiffs leave to amend their Complaint. R.J. Marzeila & Associates, P.C. By: C~ · Attorney Id~ttifi cat~ on~o'. 86072 ILJ. MARZE~ & A~OCIAT~S, P.C. BY: ~ades W. Marsar, Jr., Esquire Pennsylvania Supreme Court i.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 Attorneys for Plaintiffs, Terry Kline and Che~! · ' · Kline IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW TERRY KLINE and CHERYL KUNE, Husband and wife, Plaintiffs VS. GOOD HOPE FAMILY PHYSICIANS, P.C. ERNESTJOSEF, M.D. CATHLEEN SANGILLO, M.D. Defendants No. 2002-02-2079 JURY TRIAL DEMANDED BRIEF IN SUPPORT OF PLAINTIFFS' REPLY TO DEFENDANTS, ERNESTJOSEF, M.D. and CATHLEEN SANGILLO, M.D.'s PREUMINARY OBJECTIONS i. SUMMARY OF FACTS and PROCI?nURAL I-iiSTOI~' On August 12, 1999, Mrs. Kline telephoned the Defendants at approximately 8:00pm informing them that her husband was experiencing chest pain. After pleading for a visit, the Defendants agreed to see Mr. Kline that night. At approximately 8:40pm, Mr. Kline presented to the Defendants with chest pain radiating across his chest, body aches, dry mouth and a family history of heart disease. In a hurry to dismiss Mr. Kline and go home for the evening, the Defendants misdiagnosed the symptoms as being related to indigestion or heart-burn. Without even so much as performing an EKG, Mr. Kline was sent home with a sample of antacids. By August 17, 1999, Mr. Kline's extremities had swollen. His wife again called the Defendants to report the new symptom. Without so much as a visit, the Defendants dismissed the swelling as nothing to worry about. By August 20, 1999, Mr. Kline collapsed in cardiac arrest. The massive open-heart surgeries required to save his life left Mr. Kline completely blind. As a result of the foregoing, Mr. and Mrs. Kline commenced this civil action via Writ of Summons on or about August 17, 2001. While the action was initially filed in Philadelphia County, it has since been transferred to Cumberland County. On or about June 18, 2002, a Complaint was filed. In response thereto, Defendants ErnestJosef, M.D. and Cathleen Sangillo, M.D. have filed Preliminary Objections. The following is the Plaintiffs reply thereto. Ii. Questions Presented ao Does the Complaint satisfy the specificity requirements of Pa. R.C.P. 10197 Bo Suggested answer in the affirmative. Does the Complaint set forth sufficient facts to allege a claim for punitive damages? Suggested answer in the affirmative. !!I. Standard of Review Preliminary objections admit as true all facts which are well pleaded and all inferences reasonably deducible therefrom. _Commonwealth, Dept. of Transportation v. Pennsylvania Power & Light Co, 34 Pa. Cmwlth. 594, 383 A.2d 1314, 1316 (1978). In reviewing a preliminary objection in the form a motion to strike for lack of specificity, the rule should be administered in the spirit of the principles set forth in Pennsylvania Rule of Civil Procedure 126 which states that the rules should be liberally construed to secure just, speedy, and inexpensive determination of every action or proceeding to which they are applicable. 2 Goodrich-Amram 2d, Section 1019:3, p. 313. Technicalities in pleadings are not to be used to perpetuate injustices. Areas of defects which do not affect the substantial rights are to be overlooked for the application of the Pennsylvania Rule of Civil Procedure 126. 2 Goodrich-Amram 2d, Section 1019:6, p. 314 and cases cited therein; see also, Karv v. Sun Insurance Office~ Ltd., 83 Pa.D.&C. 566 (C.P. Luzerne 1952). In its review the court is cautious not to incur dilatory pleadings designed only to further delay the proceedings. Additionally, the issue for resolution by the court is not whether the pleading complies with the letter of the rules, but whether the other parties are prejudiced by any alleged deviations from the rules. _Cook v. Resolute Insurance Company, 78 Pa. D&C 371,372 (C.P. Lehigh 1952). It is well settled that before preliminary objections in the nature of a demurrer can be sustained, the defendants must meet a substantial burden. For the purposes of a demurrer, the defendants admit every well pleaded material fact set forth as well as inferences reasonably deducible there from but not conclusions of law. Bartanus v. Liss, 332 Pa. Super. 48, 480 A.2d 1178 (1984). It is only in a case that is free and clear from doubt and where it appears with certainty that upon the facts averred that the law will not permit recovery by the plaintiffs, that a demurrer should be sustained. Dell Turco v. Peoples' Home Savings Association, 329 Pa. Super. 258, 478 A.2d 456 (1984). If there exists any doubt as to whether the averments of a complaint will permit a recovery if ultimately proved, the preliminary objections should not be sustained..Riker v. .DiGiacomo, 315 Pa. Super. 424, 462 A.2d 267 (1983). A demurrer will be sustained: · .. [O]nly when it appears, with certainty, that the law permits no recovery under the allegations pleaded, and the objection must be overruled if the allegations state a cause of action under any theory of law. Penns Ivania Association of State Mental Health Hos ital Ph sicians v. Commonwealth P~a., Dept. of Corrections, 103 Pa. Cmwlth. 422, 520 A.2d 909, 911, fn. 2 (1987). IV. ARGUMENT A. THE PLAINTIFF'S COMPLAINT COMPORTS WITH THE SPECIFICITY REQUIREMENTS OF PA.R.C.P. 1019{a}. Pennsylvania is a fact-pleading jurisdiction that requires a plaintiff to "identify the issues in the case by succinctly summarizing the material facts underlying the claim." _Pontiere v. lames Dinert Inc., 426 Pa. Super. S76, S80, 627 A.2d 1204, 1206 (1993); (citing_Sevin v. Kelshaw, 417 Pa. Super. l, 61! A.2d 1232 0992)). Fact pleading serves several functions, including putting the opponent on notice of what he will be called to meet at trial, forming the issues in an action, and making it possible to dispose ~f cases at some preliminary stage, thereby avoiding a waste of time and money that a trial would entail. 2 Goodrich-Amram, 2d, Section 1010:2, pp. 310-311. The rules are drawn on the theory that issues for trial can be narrowed through the use of sworn pleadings stating the facts which each side proposes to prove. Except for a few instructions on the nature of denials, the rules governing pleadings contain no specific directions for the details of particular pleadings, other than the standard Rule 1019(a) requiring that the material facts on which a cause of action or defense is based must be stated in a pleading in a concise and summary form. Baker v. Ran~os, 229 Pa. Super. 333,346, 324 A.2d 498 (1974). The Rule 1019 (a) requirement that material facts must be pleaded has been interpreted by the courts as requiring a plaintiffto summarize facts essential to support the claim. Burnside v. Abbott Laboratories, 351 Pa. Super. 264, 505 A.2d 973,980 (1985). Material facts are those which are essential to whose the liability which is sought to be enforced..General State Authority v. gutter Corporation, 44 Pa. Cmwlth. 156, 403 A.2d ~022, 1025 (1979). The Pennsylvania appellate courts have said that "while it is not necessary that the complaint identil~ the specific legal theory of the underlying claim, it must apprise the defendant of the claim being asserted and summarize the essential facts to support the claim." Estate of Swift v. Northeastern Hospital of Philadelphia~ 456 Pa. Super. 330, 337, 690 A.2d 719, 723 (1997). Since the standard of pleadings set forth in Rule 1019(a) is incapable of precise measurement, the trial court has broad discretion in determining the amount of detail that must be averred in a pleading. Pike County Hotels Corp. v. Kiefer, 262 Pa. Super. 26, 396 A.2d 677, 681 (1978). "Allegations will withstand challenge under 1019(a) if (1) they contain averments of all of the facts the plaintiffwill eventually have to prove in order to recover ... and (2) they are 'sufficiently specific so as to enable defendant to prepare his defense ....". Cook v. Gettysburg, 1997 WL 1120646, 6 (Pa. Com.Pl.), 39 Pa.D. & C.4th 342, 350. However, individual paragraphs should not be singled out from the complaint to review their specificity. The court must review the allegedly insufficient paragraph in light of the remainder of the complaint Simon v. Community General Osteopathic Hospital, 108 Dauph. 218 (1988). Under Pa.R.C.P. 1019(a) a party is not required to plead evidence, but need only those material facts necessary to sustain a recovery or defense which at the same enables an opponent to respond. First Pennsylvania Bank, N.A.v. Selse~, 9 Pa. D.&C.3d 89 (C.P. Phila. 1979). In the instant case, the Plaintiffs' complaint read in its entirety comports with the requirements of Rule 1019(a). If the allegedly deficient paragraphs are read in conjunction with the numerous paragraphs setting forth the culpable conduct of the Defendants, it is readily apparent that the objected to paragraphs conform with the specificity requirements of Pa.R.C.P. 1019(a). If the Court should require more specificity, Plaintiffs would request additional time to amend their Complaint. Specifically, Plaintiffs would request the opportunity to amend the objected to paragraphs. B. PLAINTIFFS' COMPLAINT PLEADS SUFFICIENT FACTS TO GIVE RISE TO CLAIMS FOR PUNITIVE DAMAGES. It is beyond legitimate dispute that this Commonwealth recognizes and awards punitive damages in civil actions. Punitive damages may be awarded based upon the defendant's reckless indifference to the rights of others. S~ee Martin v. Iohns-~Manville C~oro~., 508 Pa. 154, 494 A.2d 1088, 10% (1985); and Restatement of Torts 2d, Section 908(2). While Pennsylvania is a fact pleading state and a complaint must give the defendant both notice of the plaintiffs claim and the facts essential to support the claim, it is not necessa .ry for the plaintiff to plead evidence to support their claim. S__mit~h v. _Brown, 283 Pa. Super. 116, 120, 423 A.2d 743, 745 (1980). The only issue for the court% review is whether sufficient material facts have been pleaded to support the plaintiffs claims for punitive damages. Of necessity, state of mind must be averred generally. H~all v. _Horstman Builders. Inc___:, 37 Pa. D.&C.3d 255, 260 (C.P. Crawford 1984) (wherein the court held that the complaint viewed on a whole had sufficiently plead factual averments and a general averment of defendant's wanton or malicious state of mind and as such as sufficient to support a claim for punitive damages). The Plaintiffs agree that an essential fact needed to support a claim for punitive damages is that the Defendant's conduct must have been outrageous. However, the legal definition of outrageous conduct is an act done with bad motive or with reckless indifference to the interests of others. Focht v. Rabada, 217 Pa. Super. 35, 38, 268 A.2d 157, 159 (1970), citing Comment (b) to Section 908 of the Restatement of Torts. reckless indifference to the interest of others, or as it is sometimes referred to "wanton misconduct," means that "the actor has intentionally done an act of an unreasonable character in disregard of a risk known to him O___gR so obvious that he must be taken to have been aware of it, and so great as to make it highly probable that harm would follow". E~vans v. Philadelphia Transportation Co.~ 418 Pa. 567, 574, 212 A.2d 440, 443 (1965), citing Prosser Torts, Section 33, at 151 (2d Ed. 1955). The standard for an award of punitive damages in a medical malpractice case is whether there have been aggravated conduct which is contrary to the plaintiffs interest and which involves bad motive or reckless indifference sufficient to 'usti the s ecial sa___nction of punitive damage:~ (emphasis added). Medvecz v. Choi, 569 V.2d 1221, 1226 (3d Cir. 1977). In defining the dimensions of the standard reckless indifference sufficient to justify an award of punitive damages, the courts of this Commonwealth have been guided by reference to Restatement of Torts, Section 500 Comment(d) which states: liJfthe actor's conduct is such as to involve a high degree of chance that serious harm will result from it to anyone who is within range of its effect, the fact that he knows or ha___~s ~'thin such ran e it is conclusive of the recklessness of his conduct toward them. Foc____ht 217 Pa. Super. at 39 (emphasis in original). The reckless indifference standard has been applied to medical malpractice conduct in the venerable case of~Mandeville v. Courtwright, 126 F. 1007 (C.C. Pa. 1903), re~v'd 142 F. 97, 101 (C.A. 3 Pa. 1905) cert. denied, M~aver v. Mandeville, 202 U.S. 615, 50 ..Ed. 1172, 26 S.Ct. 764 (1906). In that case the Court concluded that placing a patient in the hands of someone lacking the necessary qualifications exhibited reckless disregard of the patient's interest. Therefore, the award of punitive damages was proper. Similarly, in Medvecz, an anesthetist who leaves the patient in the midst of a surgical procedure, absent evidence that he/she had been replaced by competent medical personnel, manifests reckless indifference towards the patient warranting punitive damages. In the case of Le~sher et_~_~L~al v.~Nichter, et a__~l, 112 Dauph 180 (1992), Judge Dowling stated: A Third Circuit decision applying Pennsylvania law is informative on what constituted 'reckless indifference' ... Focusing on the meaning of reckless indifference to the rights of others, the Court noted: [4J The Restatement, in discussing the standard for the award of punitive damages makes no exception for medical malpractice cases. Indeed, one court has specifically declared 'It}hat there would appear to be no rational justification for any separate rule or language applicable to the medical profession.' N~oe v. Kaiser Foundation__Hospital~, 248 Or. 420, 435 P.2d 306, 368 (1967). The question in medical malpractice cases, as in tort actions generally, is whether there has been sufficient aggravated indifference, to justify the special sanction of punitive damages. That sanction serves the dual function of penalizing past conduct .constituting an aggravated interest and of deterring future. violation of another's such behavior in the Les~he_r, at 194. In further discussing Los Alamos Medical Center v. Co_e, 58 N.M. 686, 275 P.2d 175 (1954), Judge Dowling noted that the opinion contained relevant observations with regard to reckless indifference. In concluding that the physician's discounting the possibility of morphine addition was sufficient evidence to take the evidence to the jury, the court stated "[the doctorJ was put on notice Iofthe possible problemJ but remained indifferent as to the harmful results which followed." _See_ Les____hhet at 185. In yet another case cited by Judge Dowling with approval, Dill v. Mile~ss, 181 Kan. 350, 310 P.2d 896 0957) despite the Plaintiffs' request for diagnosis, relief and treatment by symptomatology and progressive deterioration, the Defendants did nothing to relieve or treat the illness, failed to advise the Plaintiffs of the seriousness of the condition, and failed to call another physician or surgeon. The Court stated that this conduct was sufficient to show the Defendants' behavior indicated reckless disre ard and corn lete indifference for the" robable conse uence of his alle ed wron ful acts and were sufficient to char e him with wanton ne Ii ence upon which Plaintiff could predicate a cause of action for punitive damages." Les___hhe_r at p. 185. Also, Pennsylvania courts have permitted punitive damages to be awarded on the basis of vicarious liability. Dean Witte~r Re. ynold Incv. Genteel, 346 Pa.Super 336, 348, 499 A.2d 637, 634 (Pa.Super. 1985). Punitive damages may be awarded on the basis of vicarious liability when the actions of the agent were not beyond the scope of the 10 agency relationship. Dean v. Communi Medi~c,I Center, 46 Pa. D. & C. 4th 334, 343 Pa.Com.PI. 2000. "Such vicarious liability may be imposed even though the agent did not commit the tort at the direction of the principal, or the principal did not ratify the act". Shriner v. Moriarty, 706 A.2d 1228, 1240 (Pa. Super. 1998); S_ee_ als___9_o De__an at 343. In Pennsylvania, the courts have expressly declined to adopt the position that allows punitive damages based on vicarious liability only upon showing some "knowledge or authorization on part of the principal". Dean at 343. In De~an~, the Court stated that punitive damages will be allowed on the basis of vicarious liability when "it can be shown by a preponderance of the evidence that the party knew of and allowed the conduct by its agent that resulted in the award for punitive damages". De._~an at 344. Here, the plaintiffdoes not have to show that the act complained of was at the direction of OIP, but only that the principal knew of and allowed the conduct by its agent, Defendant Kaneda. In the case at bar, the Complaint read in its entirety sufficiently pleads facts and conduct which would support a finding that minimally the Defendants' actions were in reckless indifference to the interests and rights of the Plaintiffs. The Complaint is, therefore, sufficient to support an inference of culpable mental state necessary to prove the reckless indifference to the Plaintiffs' welfare. Specifically, the Complaint alleges that the Defendants were well aware of Mr. Kline's classic unstable angina symptoms on August 12, 1999, yet due to the fact that it was later in the evening (8.'40pm), the Defendants consciously chose to rush him out the door, rather than properly treat him. 11 R.J. Marzella & Associates, P.C. CERTIFICATE OF SERVICE I, Charles W. Marsar, Jr., hereby certify that a true and correct copy of the foregoing document was served upon counsel of record this ..] O~day of June, 2002, by depositing said copy in the United States Mail postage prepaid, first-class deliver, and addressed as follows: Evan Black, Esquire Thomas, Thomas & Haler, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Attorneys for Defendants, Cathleen Sangillo, M.D., EmestJosef, M.D.) Good Hope Family Practice 1830 Good Hope Road Enola, PA 17025 RJ. Marzeila & Associates, P.C. ~hafl~s W. ~f~arsar, JrP ~ THOMAS, THOMAS & HAFER, LLP By: Evan Black, Esquire Identification No. 17884 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorney for Defendants Ernest Josef, M. D. and Cathleen Sangillo, M. D. TERRY KLINE and CHERYL KLINE, Plaintiffs Vo GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., and CATHLEEN SANGILLO, M. D., Defendants /N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-02079 JURY TRIAL DEMANDED As a prerequisite of a subpoena for documents and things pursuant to Rule 4009.22, Defendants certify that: (1) a Notice of Intent to serve Subpoenas with a copy of each Subpoena attached thereto was sent to Plaintiffs' counsel; (2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate; (3) Counsel for Plaintiffs have waived the twenty (20) day notice requirement for service of said Subpoenas; and (4) the Subpoenas which will be served is identical to the Subpoenas which are attached to the Notice of Intent to serve the Subpoenas. Date: '7'/~' 0 ~ &I-IAFER, LLP EVANBLACK, ESQUIRE THOMAS, THOMAS & HAFER, LLP By: Evan Black, Esquire Identification No. 17884 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441- 7051 Attorney for Defendants Ernest Josef M. D. and Cathleen Sangillo, M. D. TERRY KLINE and CHERYL KLINE, Plaintiffs GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., and CATHLEEN SANGILLO, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-02079 JURY TRIAL DEMANDED TO: Plaintiffs and Counsel for Parties of Record Defendants, Ernest Josef, M.D. and Cathleen Sangillo, M.D., intend to serve Subpoenas identical to the ones 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 objections to the subpoenas. If no objection is made, the subpoenas may be served. Date: ' iow, s, ' oms ,, m, EVAN BLACK, ESQUIRE TERRY KLINE and CHERYL KLINE, Plaintiffs GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., and CATHLEEN SANGILLO, M.D., Defendants Date:_~_~.~,~(._, ,~ Seal of the CoUr~ ~-~' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-02079 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THING FOR DISCOVERY PURSUANT TO RULE 4009.22 S -- ~ ..... ,o,~u~e, ,~TTN Records Cu.~ ' (N~e of Pe~n or En~) Within twenty (20) days after se~ice of this subpoena, you are ordered by the coud to produce the following documents or things: ~~ ~ orders etc. for all in atient out atient ER clinic or office visit ~m Hill, Penns Ivania 17011 DOB' 10/16/45 SS~ ¢~2-36-936~Please produce these records film · Harnsburq, PA 17101. , s, bdls, etc. at 305 Nodh Front Street, 6 Floor, (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the cedificate of compliance, to the pa~ 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 a~er its se~ice, the pa~y se~ing this Subpoena may seek a coud order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name_ Evan Black, Esquire Address:_ Thomas, Thomas & Haler, LLP ~~rc ~nt~treet 6th FIO~ ~_, .... nau~seur HA 17101 Telephon~ Supreme Coud ID ~ 17884 A~omey For: Defendant Ernest Josef M.D. and Cathleen San iUo M.D. BY THE COURT: Prothonota~/Clerk, CMl~on TERRY KLINE and CHERYL KLINE, Plaintiffs GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., and CATHLEEN SANGILLO, M.D., Defendants Date:_,,.~L~ ~, ~ f_ Seal of the Court IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-02079 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Moffitt..'_Pease.& Lira, ATTN: Record,?..C~t.o_dian , * (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: notes studies films bills labs orders etc. for all in atient out atient ER clinic or office visit ~o! 220 Reeser Road Camp Hill. Penns Ivania 17011 DOB. 10/16/45 SS# .202'36'9368~-Please produce these records, films bills, etc at 305 North Front ~reet 6t Floor --Harrisburg, PA 17101. · _,, (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_ Evan Black, Esquire Address:_ Thomas, Thomas & Hafer, LLP - .305 North Front Street, 6th Floo~ - Harrisburq, PA 17101 Telephone:_ (717) 4'41-7053 Supreme Court ID # 17884 Attorney For: Defendant Ernest Josef M.D. and Cathleen San illo M.D. BY THE COURT: Prothonotary/Clerk, CivJ~ion - - Deputy C TERRY KLINE and CHERYL KLINE, Plaintiffs GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., and CATHLEEN SANGILLO, M.D., Defendants Date:.._~ ~/Z~L'~¢~_ ..,3(,,. Seal of the Cour~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-02079 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:.. HealthSouth RehabilitatiOn, A't-TN: .R~cords Custodia~ (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: notes studies films bills labs orders etc. for all in atient out atient ER linic or office visit ~eo.f 220 Reeser Road, Cam ' . · _rlarrlsDur.q, PA 17101. ----, .,,,,,~, UlllS, etc. at ¢05 North Front Street, 6' 5~o~ (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_ Evan Black, Esquire Address: Thomas, Thomas & Hafer, LLP - 305 North Front Street, 6th Floor - Harrisburq, PA 17101 Telephone:(717) 4'41.7053 Supreme C~urt ID # 17884 Attorney For: Defendant Ernest Josef M.D. and Cathleen San illo M.D. BY THE COURT: Prothonotary/Clerk, Civil ~on Deputy - - TERRY KLINE and CHERYL KLINE, Plaintiffs GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., and CATHLEEN SANGILLO, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-02079 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO.:.. temp!e University Hospital. A._TTN.. :RecOrds Custodian.. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A corn lete co of an and all medical records includin but not limited to re orts corres ondence notes studies films bills labs orders etc. for all in atient out atient ER clinic or office visit ~eeser Road Camp Hill. Pen · . .... · ,o~,uf.q, r-,~ ~/lul .... ,-,,~ ~'~rm ~-ront Street, 6 Floort (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_ Evan Black, Esquire Address:_ Thomas, Thomas & Hafer, LLP -- 305 North Front Street, 6th Floor -- Harrisbur.q, PA 17101 Telephone: (717~) 4'41-7053 Supreme Court ID # 17884 Attorney For: Defendant Ernest Josef, M.D. and Cathleen San.qillo, M.D. Date:~~L,~_~ Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Divi~i~'~ Deputy TERRY KLINE and CHERYL KLINE, Plaintiffs GOOD HOPE FAMILY PHYSICIANS, P.O., ERNEST JOSEF, M.D., and CATHLEEN SANGILLO, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-02079 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:. Harrisburq Hospital; ATTN..: Records__~ustodian (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: notes studies films bills labs orders etc. for all in atient out atient ER clinic or office visit ~.f220Reeser Road Camp Hill, Penns Ivania 17011 DOB' 10/16/45 SS# .2.02-36-9368~Please produce these records, films, bills, etc. at ~305 North Front ~reet, 6 Floor, _Harrisbur.q, PA 17101. _ (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 Evan Black, Esquire Address:_ Thomas, Thomas & Hafer, LLP -- 305 North Front Street, 6th Floor -- Harrisburq, PA 17101 Telephone:_ (717) 441-7053 Supreme Court ID # 17884 Attorney For: Defendant Ernest Josef M.D. and Cathleen San illo M.D. Seal of the Court BY THE COURT: Pr~h-onotary/Clerk,'CMi Di~ Deputy - TERRY KLINE and CHERYL KLINE, Plaintiffs GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., and CATHLEEN SANGILLO, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-02079 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Ho V .'p~rit Hospital ATTN~ Records CU,+,-,,~;~,. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A corn lete co of an and all medical records includin but not limited to re orts corres ondence notes studies films bills labs orders etc. for all in atient out atient ER clinic or office visit ~serRoad Cam Hill Penns Ivania 17011. DOB: 10/16~5 SS# 202-36-9368. Please produce these records, films, bills, etc at 3 Hardsburq, PA 17101. · _05 North Front Street, 6 Floor, (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 Evan Black, Esquire Address: Thomas, Thomas & Hafer, LLP 305 North Front Street, 6th Floor Harrisburq, PA 17101 Telephone: (717).441-7053 Supreme Court ID # 17884 Attorney For: Defen~lant Ernest Josef M.D. and Oathleen San illo M.D. Date:_,,,,.,JL~ ,,_.~8'_ ,~9/.. Seal of the Co'Ct BY THE COURT: Prothonotary/Clerk, Civi~rVision Deputy-'- ' - TERRY KLINE and CHERYL KLINE, Plaintiffs GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., and CATHLEEN SANGILLO, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-02079 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Helen C. Gold, DpM of ZIot°ff & Ar?.sociates (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A corn lete co of an and all medical records includin but not limited to re orts corres ondence ~.__ ._la_b_s_orders etc. for a~t, OUtDatie , . · .... ertalmn ;t_o_ Ter Khne of 220 Reeser Road Careen-lc or office visit Hardsburq, PA 17101. .. ~.,~,,~, ,,,.s, D~Z~S, etc. at 305 North Front Street, 6 Floor, (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. Evan Black, Esquire Address:_ Thomas, Thomas & Hafer, LLP 305 North Front Street, 6th Floor Harrisburq, PA 17101 Telephone: (717) 441-7053 Supreme Court ID # 17884 Attorney For: Defendant Ernest Josef M.D. and Cathleen San illo M.D. Date:_ Seal of the Court BY THE COURT: Prothonotary/Clerk, C~vil i~on Deputy - _CERTIFICATE OF SERVICE I, Vicki A. Bolinger, hereby certify that a tree and correct copy of the foregoing was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~28th day of _June, 2002, on all counsel of records as follows: Charles W. Marsar, Jr., Esq. R. J. Marzella & Associates, p. C. 3513 North Front Street Harrisburg, PA 17110 (Attorneys for Plaintiffs) Good Hope Family Physicians, p. C. 1830 Good Hope Road South Enola, PA 17025 THOMAS, THOMAS & HAFER, LLP Vicki A. Bolinger ~.Q.) ~ CERTIFICATE OF SERVICE I, Vicki A. Bolinger, RP, hereby certify that a tree and correct copy of the foregoing was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 19th day of July, 2002, on ail counsel of records as follows: Charles W. Marsar, Jr., Esquire R. J. Marzella & Associates, p. C. 3513 North Front Street Harrisburg, PA 17110 (Attorneys for Plaintiffs) Good Hope Family Physicians, p. C. 1830 Good Hope Road South Enola, PA 17025 THOMAS, THOMAS & HAFER, LLP Vicki A. Bolinger, RP ~ THOMAS, THOMAS 8, HAFER, LLP By: Evan Black, Esquire Identification No. 17884 305 North Front Street P. O. Box 999 Harrfsburg, PA 17108 (717) 441-7051 A~torney for Defendant Good Hope Family Physicians, P. C. TERRY KLINE and CHERYL KLINE, Plaintiffs GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., and CATHLEEN SANGILLO, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2002-02079 JURY TRIAL DEMANDED To the Prothonotary: Kindly enter my appearance on behalf of the Defendant, Good Hope Family Physicians, P. C., relative to the above-captioned action. Date: Respectfully, Thomas, Thomas & Hafer, LLP Evan Bla~:k, Esq. Attorney for Defendant Good Hope Family Physicians, P.C. CERTIFICATE OF SERVICE I, Becky Rusbatch, hereby certify that a true and correct copy of the foregoing was served by depositing the same in the U,~ted, States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the /,~ ~/~' day of ~/, 2002, on all counsel of records as follows: Charles W. Marsar, Jr., Esq. R. J. Marzella & Associates, P. C. 3513 North Front Street Harrisburg, PA 17110 (Attorneys for Plaintiffs) :182611.1 THOMAS, THOMAS & HAFER, LLP · ~'~cky Ra'sbate'h, Legal Secretary m THOMAS, THOMAS & HAFER, LLP By: Evan Black, Esquire Identification No. 17884 305 North Front Street P. O. Box 999 Hamsburg, PA 17108 (717) 441-7051 Attorney for Defendants Ernest Josef,, M. D. and Cathleen Sangillo, M. D. TERRY KLINE and CHERYL KLINE, : Plaintiffs : : Mo GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., and CATHLEEN SANGILLO, : M.D., : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-02079 JURY TRIAL DEMANDED To the Prothonotary: Kindly file of record the Stipulation of the Parties attached hereto for the adoption by reference of the Preliminary Objections of and the pleadings of Co-Defendants Dr. Sangillo and Dr. Josef. Respectfully, Thomas, Thomas & Hafer, LLP Date: ,//.~, ~,, Evan Black, Esq. THOMAS, THOMAS & HAFER, LLP By: Evan Black, Esquire Identification No. 17884 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorney for Defendant Good Hope Family Physicians, TERRY KLINE and CHERYL KLINE, Plaintiffs GOOD HOPE FAMILY PHYSICIANS, P.C., ERNEST JOSEF, M.D., and CATHLEEN SANGILLO, M.D., Defendants IN THE COLIRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-02079 JURY TRIAL DEMANDED It is hereby STIPULATED and AGREED by and among all Parties and their counsel that the Preliminary Objections filed on behalf of Defendants Dr. Sangillo and Dr. Joseph are adopted by reference by Defendant Good Hope Family Physicians, P. C. and that the decision in the above- mentioned Preliminary Objections as to Dr. Josef and Dr. Sangillo will be applicable to Co-Defendant Good Hope Family Physicians, P. C.; and it is further STIPULATED and AGREED by and among all Parties and their counsel that all other pleadings filed and served on behalf of Dr. Josef and Dr. Sangillo are equally applicable and adopted by Good Family Physicians, P. C., unless otherwise indicated. R. J. MARZELLA & ASSOCIATES, P.C. Attorneys for Plaintiff Date: /O ~ 25'"~ ol. THOMAS, THOMAS & HAFER, LLP Attorneys for Defendants Evan Black, Esq. Date: //'/' o7-.-- CERTIFICATE OF SERVICE I, Becky Rusbatch, hereby certify that a true and correct copy of the foregoing was served by depositing thg_same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~ day of ~]~(g/k~// , 2002, on all counsel of records as follows: Charles W. Marsar, Jr., Esq. R. J. Marzella & Associates, P. C. 3513 North Front Street Harrisburg, PA 17110 (Attorneys fvr Plaintiffs) :169838.1 THOMAS, THOMAS & HAFER, LLP l~ecky Rusl~atch, ~egal Secretary CRRTIPICATR PRERROUISITR TO SRRVICR OF A SUBPOENA PURSUANT TO RULR 400~.22 IN THE MATTER OF: TERRY KLINE COURT OF COMMON PLEAS TERM, -VS- JOSEF, M.D., ET AL. CASE NO: 2002-02-2079 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, 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: 12/26/2002 .~-~CS on/~kalf of EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-383920 15 6 18 --LO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TERRY KLINE -VS- JOSEF, M.D., ET AL. COURT OF C0MMON PLEAS TERM, CASE NO: 2002-02-2079 I~OTIC~ OF ~ TO S]V~ A SUBPO]~qA TO P~ODUC~ 'rtt~ [,0~. DIS¢9~mtY P,3_--_~ ~) ~__U~.R 4009.21 HOLY SPIRIT HOSPITAL MEDICAL RECORDS & HOSPITAL BILL HOLY SPIRIT HOSPITAL X-RAY ONLY DR. ROBBRT MATSK0 MEDICAL, BILLING, AND X-RAY(S) INTERNISTS OF CENTRAL PA, LTD MEDICAL, BILLING, AND X-RAY(S) TRI-COUNTY ASSOC. 0P THE BLIND MEDICAL, BILLING, AND X-RAY(S) BUREAU OF BLINDNESS & VIS. SRV MEDICAL, BILLING, AND X-RAY(S) TAYLOR WHARTON EMPLOYMENT TO: CHARLES #. NARSAR, JR., ESQ. ~CS on behalf of EVAN BLACK, 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 ~CS or by contacting our local MCS office. DATB: 12/05/2002 CC: BVAN BLACK, - 110-20742 Mcs on behalf of EVAN BLACK, ESQ. Attorney for DBFBNDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STR~NT PHILADELPHIA, PA 19103 (215) 246-0900 DB02-209377 i 5 6 I 8 --CO I COMMONWEALTH OF PENNSYLVANIA .,COUNTY OF CUMBERLAND TERRY KLINE VS JOSEF, M.D., ET AL File No. 2002-02-2079 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGg FOR DISCOVERY PURSUANT TO RULE ~009_~9 CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL Within ~en~ (~) days ~ff ~ice ~ t~. sub~ ~ ~ ~de~ ~ th ~ m ~e the foilo~n8 d~mefl~ ~ t~n~ at MCS GROUP INC., 1601 MARKET ST'i, #800,PHILA.PA 19~03 (Ad~) You may deliver or mail legible copies of the documents or produce thinsB requested by this subpoert~ to~ether with the certificate of compliafl~e, to the party maidn$ this request at the addrese listed above. You have the d~ht to sesk, in advonce, the reasonable cost of prepirir~ the copies or produdn~ the thinp souSht. If you fail to produce the documents or thinp required by this SublMeU. within twenty (20) days after its service, the party se--ins this subpoena may seek a court ordor compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK~ ESQ. ADDRES~ PO BOX 999 HARRISBURG, PA 17108 :. TELEPHON~ 215-246-0900 SUPREME COURTID~ A'['rORNEYFOR: n~P~NBA~T Seal of the Court (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 15618 TERRY KLINE INCLUDING RECORDS STORED ELECTRONICALLY, MICROFILMED,PAPER DOCUMENT OR INFORMATION HOUSED BY ANY OTHER MEANS, IN/OUT GOING CORRESPONDENCE ORDERS, ETC. Entire hospital medical billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ pre. sc~ption records, nurse's notes, doctor's comments, dietary restrictions, an¢l 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: TERRY KLINE 220 REESER ROAD, CAMP HILL, PA 17011 Social Security #: 202-36-9368 Date of Birth: 10-16-1945 SU10-413602 15618--L01 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: TERRY KLINE COURT OF COMMON PLEAS TERM, -VS- JOSEF, M.D., ET AL. CASE NO: 2002-02-2079 AS a prerequisite to service of a subpoena for documents and thin§s pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, 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: 12/26/2002 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-383921 15 6 1 8 --LO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TERRY KLINE JOSEF, M.D., -VS- ET AL. COURT OF COMMON PLEAS TERM, CASE N0:2002-02-2079 NOTIC~ OF ~ TO SI~V~ A SUBPO__~A TO PRODU~ ~S ~ · J.~.ge~v~ FOR DTSCO'v~' ~'UaS~ TO RUr.~ 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DR. ROEERT ~h~TSKO INTERNISTS OP CENTRAL PA, LTD TRI-COUNTYASSOC.. OP THE BLIND BUREAU OP BLINDNESS & VIS. SRV TAYLOR NI~ARTON MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) M~DICAL, BILLING, AND X-RAY(S) TO: CHARLES #. MACSAP, JR., ESQ. NCS on behalf of EVAN BLACK, 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 completin9 the attached counsel card and returnin9 same to NCS or by contactin9 our local MCS office. DATE: 12/05/2002 CC: BVAN BLACK, ESQ. - 110-20742 ~CS on behalf of EVAN BLACK~ ESQ. Attorney for DEPENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STR~T ,4800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-209377 1 5 6 1 8 --CO 1 COMMONWEALTH OF PENNSYLVANL* COUNTY OF CUMBERLAND TERRY KLINE ' : VS : : JOSEF, M.D., ET AL : : : File No. 2002-02-2079 TO: CUSTODIAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009-99 OF RECORDS FOR: HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you ate ordered by the court to produce the followin$ documents or thin~s: .~F,E ATTA~HEn at MCS GROUP INC., 1601 MARKET STi, #800,PHILA.PA 19103 {Add~) You may deliver or mail legible copies of the doruments or produce thinsn requested by this sublMena, to~ether with the certificate of compliar~e, to the party maidn$ this request at the address listed above. You have the right to seek, in advance, the reasonable cost of prepar~r~ the copies or produc~n~ the thinp soufAt. If you fail to produce the dot*uments or thinp required by this subpoena, within twenty (20) days after its service, the party servin$ this subpoena may seek a court order comlMHin$ you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK. ESQ. ADDRESS: PO BOX 999 HARRISBURG, PA 17108 TL:L£PHONE: 215-246-0900 SUPREME COURT ID A'I'rORNEY FOR: DATE: BY.HE COl=IRT:. Seal cd: the Court (F. ff. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21 ST STREET CAMP HILL, PA 17011 RE: 15618 TERRY KLINE Any and all x-ray f'drns and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form pertaining to: Dates Requested: up to and including the present. Subject: TERRY KLINE 220 REESER ROAD, CAMP HILL, PA 17011 Social Security #: 202-36-9368 Date of Birth: 10-16-1945 $U10-413604 15 6 1 8 --LO2 CERTIFICATE PREREQUISITE TO SERVICE OP A SUBPOENA PURSUANT TO RULE 400~.22 IN THE MATTER OF: TERRY KLINE COURT OF COMMON PLEAS TERM, -VS- JOSEF, M.D., ET AL. CASE NO: 2002-02-2079 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, 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: 12/26/2002 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-383922 15618--LO3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TERRY KLINE -VS- JOSEF, M.D., ET AL. COURT OF COMMON PLEAS TERM, CASE NO: 2002-02-2079 N(YrlCR OF IIFI'RNY TO SRRV~ A srmPo_m~_ TO PU~rmUC~_ DOCUbr~-.-i'S · l~d_,~t~ FOR DISC~i~ndiY p_~,~ ~) i~rtt.R 4009.21 HOLY SPIRIT HOSPITAL MEDICAL RECORDS & HOSPITAL BILL HOLY SPIRIT HOSPITAL X-RAY ONLY DR. ROBERT MATSKO MEDICAL, BILLING, AND X-RAY(S) INTERNISTS OF CENTRAL PA, LTD MEDICAL, BILLING, AND X-RAY(S) TRI-COUNTY ASSOC. 0P THE BLIND MEDICAL, BILLING, AND E-RAY(S) BUREAU 0P BLINDNESS & VIS. SRV MEDICAL, BILLING, AND Z-RAY(S) TAYLOR. WHARTON ENPLOYNRNT TO: C~ARLBS #. MARSAH, JR., ESQ. MCS on behalf of EVAN BLACK, 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 ~CS or by contacting our local MCS office. DATE: 12/05/2002 CC: EVAN BLACK, 'ESQ. - 110-207~2 MCS on behalf of ~VA~ BLACK, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THR MCS GROUP INC. 1601 MARKET STREET PHILADELPHIA, PA 19103 (215) 246-0900 D~02-209377 i 5 6 I 8 --CO I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TERRY KLINE : : VS : : JOSEF, M.D., ET AL : : : File No. 2002-02-2079 TO: CUSTODIAN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009-~ OF RECORDS FOR: ROBERT MATSKO, M.D. (Name of Pe~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: ~..R ATTAG~F.13 at MCS GROUP INC., 1601 MARKET ST., #800,PHILA.PA 19103 You may deliver or mail legible copie~ of the document~ or produce thin~l requested by this sublx~na, together with the certificate of compliance, to the party makin$ th~s request at the addre~ lifted above. You have the right to ~eek, in aavance, the reasonable co~t o~ preparing the copie~ or producing the thin~ sought. If you fail to produce the documents or thLn~s required by this subpuen~ within twenl,] (~0) days a~ter its service, the party ~ervin$ this ~ubpoena may mka cmut orde~ mml~llin~ you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAMF~ EVAN BLACK, ESQ. ADDRESS: PO BOX 999 HARRISBURG~ PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID ~. A'I'I'ORNL~f FOR: Seal of the Court (~. 7197) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. ROBERT MATSKO 211 BROAD STREET MARYSVILLE, PA 17053 RE: 15618 TERRY KLINE INCLUDING RECORDS STORED ELECTRONICALLY,MICROFILMED, PAPER DOCUMENTS OR INFO HOUSE BY ANYOTHER MEANS, IN/OUTGOING CORRESPONDENCE,ORDERS, ETC. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequem reports, 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 or treaunent pertaining to: Dates Requested: up to and including the present. Subject: TERRY KLINE 220 REESER ROAD, CAMP HILL, PA 17011 Social Security #: 202-36-9368 Date of Birth: 10-16-1945 SU10-413606 1 5 6 1 8 --LO 3 CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSU2~ TO RULE 4009.22 IN THE MATTER OF: TERRY KLINE COURT OF COMMON PLEAS TERM, -VS- JOSEF, M.D., ET AL. CASE NO: 2002-02-2079 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, 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 sou§hr 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: 12/26/2002 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT DEl1'383923 1 5 6 1 8 --LO 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TERRY KLINE -VS- JOSEF, M.D., ET AL. COURT OF COMMON PLEAS TERM, CASE NO: 2002-02-2079 NOTICE OF INTENT TO S]~IIV~ A ~SUB_PORNA_ TO PRODU_C~ ~S ~ FOR DISC~¥~tY PU~L~UAN~ TO R~.~ 4009.21 HOLY SPIRIT HOSPITAL MEDICAL RECORDS & HOSPITAL BILL HOLY SPIRIT HOSPITAL X-RAY ONLY DR. ROBERT MATSKO MEDICAL, BILLING, AND X-RAY(S) INTERNISTS OF CENTRAL PA, LTD MEDICAL, BILLING, AND X-RAY(S) TRI-COUNTY ASSOC. OF THE BLIND MEDICAL, BILLING, AND E-RAY(S) BUREAU OF BLINDNESS & VIS. SRV MEDICAL, BILLING, AND X-RAY(S) TAYLOR WHARTON EMPLOY~ENT TO: CHARLES #. MARSAR, JR., ESQ. ~CS on behalf of EVAN BLACK, 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 da¥ 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 of by contacting our local MCS office. DATE: 12/05/2002 CC: EVAN ELACX, - 110-20742 ~CS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET PHILADELPHIA, PA 19103 (215) 246-0900 DE02-209377 i 5 6 i 8 --CO I COMMONW~AL~ OF PENNSYLVANLA COUNTY OF CUMBERLAND TERRY KLINE VS JOSEF, M.D., ET AL File No. 2002-02-2079 SUBPOENA TO PRODUCE DOCUMENTS OR THINGC FOR DISCOVERY PURSUANT TO RULE 4009~99 TO: CUSTODIAN OF RECORDS FOR: INTERNIST OF CENTRAL PA (N~me of Person or Gnttty) Within twen~ (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thin~s: RF.F. ATTAC~ED at MCS GROUP INC., 1601 MARKET ST., #800,PHILA.PA 19103 (Address) You may deliver or mail legible copies of th~ documents or produce thinp requested by this subpoena, to~ether with the certificate of compiiaflce, to the part7 making this reques~ at the adclreu listed above. You have the right to seek, in advance, the reasonable cost o~ prepaHnS the copies or ptoducinf the thinKs soufht. If you fail to produce the documents or thinks required by this sublmena, within twenty (20) days a~ter its service, the patty Servin$ this subpoena may seek a court order compellin$ you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING FERSON: .NAME: EVAN BLACK, ESQ. ADDRF. S~ PO BOX 999 HARRISBURG, PA 17108 ~ TEL£PHONR 215-246-0900 SUPREME COURT IO ATTORNEY FOR: DEF~N~ANT Seal of the Court (F3f. 7/~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: INTERNISTS OF CENTRAL PA, LTD 108 LOWTHER STREET PO BOX 107 LEMOYNE, PA 17043 RE: 15618 TERRY KLINE INCLUDING RECORDS STORE I~I.FCTRONICALLY,I~CROFILMED,pAPER DOCUMENTS OR INFO HOUSED BY ANY OTHER MEANS, IN/OUTGOING CORRESPONDENCE,ORDERS,ETC. may Oe storea in a con~ter database or othe~ m electronic form, minting to any exnminntion, consultation, dingno~, care or UeaUm~t pertaining to: Dates Requested: up to and including the present. Subject: TERRY KI.INE 220 REF. SER ROAD, CAMP HH,L, PA 17011 Date of Birth: 10..16-1945 $U10-413784 '1 5~;Z!_8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: TERRY KLINE COURT OF COMMON PLEAS TERM, -VS- JOSEF, M.D., ET AL. CASE NO: 2002-02-2079 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, 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: 12/26/2002 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-383924 15 6 1 8 --LO 5 COMMONWEAL~TH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TERRY KLINE -VS- JOSEF, M.D., ET AL. COURT OF COMMON PLEAS TERM, CASE NO: 2002-02-2079 NOTICB OF ~ TO SBRV~ A SUBPOENA TO PRODU~ ~S ANn · l~ ~Ok DTSC~v~Y ~U~u~ TO RUr.~ 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DR. ROBERT NATSK0 INTERNISTS OP CENTRAL PA, LTD TRI-COUNTYASSOC. 0P THE BLIND BUREAU 0P BLINDI~SS & VIS. SRV TAYLOR WHARTON NEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) NEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMENT TO: CHARLBS #. NARSAR, JR., ESQ. MCS on behalf of EVAN BLACK, 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 #CS or by contacting our local NCS office. DATB: 12/05/2002 CC: EVAN BLACK, ESQ. - 110-20742 ~CS on behalf of ~VAN BLACX, ES9. . Attorney for DEFRNDANT Any questions regarding this matter, contact THR NCS GROUP INC. 1601 NARKRT STRERT #800 PHILADRLPHIA, PA 19103 (215) 246-0900 DB02-209377 1 5 6 1 8 --CO 1 COMMONWEALTH OF PENNSYLVANL* COUNTY OF CUMBERLAND TERRY KLINE VS JOSEF, M.D., ET AL File No. 2002-02-2079 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THING~ FOR DISCOVERY PURSUANT TO RULE 4009-~ CUSTODIAN OF RECORDS FOR: TRI COUNTY ASSOC. OF THE BLIND (Name of Per.on or Entity) Within twenty (20) days a~ter service of this subpoena, you are ordered by the court to produce the following documents or things: .qE~. ATTACHE]~ at MCS GROUP INC., 1601 MARKET ST., #800,PHILA.PA 19103 You may deliver or mail legible copies of the do~umants or produce things requested by thio subpoena, together with the certificate o~ compliance, to the pm~y makin$ this request at the addren listed above. You have the right to ~k. in advance, the reasonable cost o~ preparing the copies or produdng the things sought. [f you fail to produce the dex*uments or things required by this subpoena, within t~enty (20) days after its service, the party serving this subpoena may seek a court order comlMllin$ you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF ~ FOLLOWING PERSON: NAMI:-. EVAN BLACK, ESQ. ADDRESS: PO BOX 999 HARRISBURG~ PA 17108 TELEPHON~ 215-246-0900 5UPRL:MECOURTID~ AI'rORNEYFOI~ ~.~mANT DATE: Seal of the Court (Elf. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TRI-COUNTY ASSOC. OF THE BLIND 1800 N E SECOND ST HARRISBURG, PA 17105 RE: 15618 TERRY KLINE INCLUDING RECORDS STORED ELECTRONICALLY, PAPER DOUMENTS OR INFO HOUSED BY ANY OTHER MEANS, IN/OUTGOING CORRESPONDENCE, ORDERS, ETC. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, fries, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent repons, 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 or treatment pertaining to: Dates Requested: up to and including the present. Subject: TERRY 220 REESER ROAD, CAMP HILL, PA 17011 Social Security #: 202-36-9368 Date of Birth: 10-16-1945 SU10-413610 15 6 1 8 --LO 5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: TERRY KLINE COURT OF COMMON PLEAS TERM, -VS- JOSEF, M.D., ET AL. CASE NO: 2002-02-2079 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, 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: 12/26/2002 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-383925 15 6 18 --LO 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TERRY KLINE JOSEF, -VS - M.D., ET AL. COURT OF COMMON PLEAS TERM, CASE N0:2002-02-2079 NOTIC~ OF ~ TO SERV~ A ~SU~__DO__~A TO P~O~UC3~_ ~S AN~ '~K~S FO~ DISC~%~atY ~UKSUAN~ TO ~_~rr.R 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DR. ROBERT MATSKO INTERNISTS OP CENTRAL PA, LTD TRI-COUNTYASSOC. OF THE BLIND BUREAU OF BLINDNESS & VIS. SRV TAYLOR WHARTON MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL. BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-rAY(S) MEDICAL, BILLING, AND X-rAY(S) ENPLOYM~NT TO: CHARLBS #. MARSAR, JR., ESQ. ~CS on behalf of EVAN BLACK, HSo. 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 ~CS or by contacting our local MCS office. DATE: 12/05/2002 CC: EVAN BLACK, ESQ. - 110-20742 NCS on behalf of sv~ BLACk, BSg. Attorney for D~FENDANT ~ny questions regarding this matter, contact THS MCS GROUP INC. 1601 MARKET STREET ~80~ PHILADELPHIA, PA 19103 (215} 246-0900 DE02-209377 1 5 6 I 8 --CO i COMMONWEALTH OF PENNSYLVANL~ COUNTY OF CUMBERLAND TERRY KLINE VS JOSEF, M.D., ET AL File No. 2002-02-2079 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE CUSTODIAN OF RECORDS FOR: BUREAU OF BLINDNESS & VISUAL SERVICES (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: REF. ATTACHE~) MCS GROUP INC., 1601 MARKET ST., #800,PHILA.PA 19103 You may deliver or mail legible copies of the dorument~ or produce thin~l requested by thi~ mbpoena, to~ether with the certificate of compliance, to the party makinS 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 thinp sought. If you fail to produce the dorumen~ or thinp required by this subpoen& within twenty (2O) days after its service, the party servin$ this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TH~ FOLLOWING PERSON: NAMe: EVAN BLACK. ESQ. ADDRESS: PO BOX 999 HARRI~BURG~ PA 17108 TELEPHON~ 215-246-0900 SUPREME COURT ID ~. ATTORNEY FOR: DATE: Se~oftheCourt (v. ff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BUREAU OF BLINDNESS & VIS. SRV 1401 N. SEVENTH ST. 1ST FL. BERTOLINO HARRISBURG, PA 171021422 RE: 15618 TERRY KLINE INCLUDING RECORDS STORED ~-i~CTRONICAI.LY,MICROFILMb~.PAPER DOCUMENTS OR INFORMATON HOUSED BY ANY OTHER IVIES, IN/OUTGOING CORRESPONDENCE, ORDERS, ETC. Entire medical, billing, and diagnostic file, including but not limited to any nncl_ aH records, cortesi~3~lence to and from the consulting ami/or trentinoo physicians, files, memoranda, handwriuen notes, history and physical reports, medication/presc~o~, records, ~ billing and paymem records, x-ray may 0e stored m a compmer aaumase or otherwise m electronic form, relntm~ to any exnminntion, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: TERRY K'LmlE 220 REI?.SER ROAD, CAMP HILl., PA 17011 Social Security #: 20236-9368 Date of Birth: 10-16=1945 SU10-413786 1 5 6 1 8 -- L 0 6 CER?IFICA?E PREREQUISI?E TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: TERRY KLINE COURT OF COMMON PLEAS TERM, -VS- JOSEF, M.D., ET AL. CASE NO: 2002-02-2079 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, 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: 12/26/2002 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-383926 1 5 6 1 8 --LO 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER 0F: TERRY KLINE -VS- JOSEF, M.D., ET AL. COURT 0F C0MMON PLEAS TERM, CASE NO: 2002-02-2079 NOTICE OF INTENT TO SERVE A SUBPOenA TO PRODUCE ~S AND FOR DISCOVERY PURSUAN~ TO R~I~ 4009.21 HOLY SPIRIT HOSPITAL MEDICAL RECORDS & HOSPITAL BILL HOLY SPIRIT HOSPITAL X-RAY ONLY DR. ROBERT ~ATSKO MEDICAL, BILLING, AND X-RAY(S) INTERNISTS OF CENTRAL PA, LTD MEDICAL, BILLING, AND X-RAY(S) TRI-COUNTY ASSOC. OF THE BLIND MEDICAL, BILLING, AND X-RAY(S) BUREAU OF BLINDNESS & VIS. SRV MEDICAL, BILLING, AND X-RAY(S) TAYLOR WHARTON EMPLOYMENT TO: CHARLES W. MARSAR, JR., ESQ. MCS on behalf of EVAN BLACK, 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: 12/05/2002 CC: EVAN BLACK, ESQ. - 110-20742 ECS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT Any questions re~arding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #8004 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-209377 i 5 6 1.8 --CO 1 COMMONWEALTH OF PENNSYLVANL~ COUNTY OF CUMBERLAND TERRY KLINE VS JOSEF, M.D., ET AL File No. 2002-02-2079 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009_99 CUSTODIAN OF RECORDS FOR: TAYLOR WHARTON (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: .gEE ATTACHE'~ at MCS GROUP INC., 1601 MARKET ST,, #800,PHILA. PA 19103 (Ad~) You may delivez or mail legible copies of the documents or produce thinp requested by this sublxmfl~ to~ether with the ceffiflcate of compilmwe, to the party makinS this request at the address listed above. You have the fi~ht to seek, in advance, the reasormble cost of preparir~ the copies or producin8 the rhino sousht. If you fail to la--lute the documents or rhino required by this subpoeru, within twenty (20) days after its service, the party servin$ this subpoena may seek a court orde~ comlMllins you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM~ EVAN BLAqg, ESQ. ADDRES~ PO BOX 999 HARRISBURG~ PA 17108 TELEPHON~ 215-246-0900 SUPREME COURT ID ~ A'UrORNEY FOR: DEF~N-DANT Se~ oftheCourt (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TAYLOR WHARTON POB 2365 HARRISBURG, PA 171052365 RE: 15618 TERRY KLINE Any and all employment records, applications, fries, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining tO: Dates Requested: up to and including the present. Subject:TERRY KLINE 220 REESER ROAD, CAMP HILL, PA 17011 Social Security #: 202-36-9368 Date of Birth: 10-16-1945 SU10-413614 I 5 6 18 --LO 7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSU/~ TO RULE 4009.22 IN THE MATTER OF: TERRY KLINE COURT OF COMMON PLEAS TERM, -VS- JOSEF, M.D., ET AL. CASE NO: 2002-02-2079 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that 1) A notice of intent to serve the.subpoena with a copy of the subpoena ..at~tached t'here'to.was..ma~ted..~or, deli.vere~ to eachparty..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: 03/24/2003 ?n, fV f AN BLACK, ESQ. Attorney for DEFE] DEll-400381 'DANT 15618--LO8 COMMONWEALTH COUNTY OF PES[NSYLVANIA OF CUMBERLAND IN THE MATTER OF: TERRY KLINE -VS- JOSEF, M.D., ET AL. COURT OF COMMON PLEAS TERM, CASE NO: 2002-02-2079 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCeNtS AN,, · r~J_NGS FOR DISC~Jv~u{Y L-"Ui.~.qIj~ANT ~'O R~,R 4009.21 CUMBERLAND FAMILY PRACTICE ROBERT p. LONERGAN, M.D. PREMIERE EYE ASSOCIATES PITTSBURGH VISION CARE SVCS. MILTON HERSHEY MEDICAL CENTER MILTON HERSHEY MEDICAL CENTER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY TO: CHARLES N. MARSAR, JR., ESQ. MCS on behalf of EVAN BLACK, 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.. I~-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: 03/03/2003 CC: EVAN BLACK, ESQ. - 110-20742 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT A~y questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (2159 246-0900 DE02-217283 1~618--CO I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TERRY KLINE : : VS : : JOSEF, M.D., ET AL : : File No. 2002-02-2079 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,?9 TO: CUSTODIAN OF RECORDS FOR:. P__P.R~ (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 GROUP INC., 1601 ,MARKET 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 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: EVAN BLACK, ESQ. ADDRESS: PO BOX 999 HARRISBURG. PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID #: AI'rORNEY FOR: DEFENDANT DATE: 03/24/2003 · /9, Seal of the Court ,% Prothonotary/Clerk, C~_vil Dj~n Deputy (Eff. 7/9~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND FAMILY PRACTICE 4470 VALLEY ROAD ENOLA, PA 17025 RE: 15618 TERRY KLINE Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, fries, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be store, d ir). a computer .databa. se or otherwise in electronic form. relatin to any examination, consultation, d~agnosis, care or treatment pertain~g to' g Dates Requested: up to and including the present. · Subject :. TERRY.KLINE- ~20 m~.s~ ~o~. cn~n.-Hi~;, ~'~ ~7o~ ---'. -- · -' Social Security #: 202-36-9368 Date of Birth: 10-16-1945 SU10-427296 1 5 6 1 8 --LO 8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: TERRY KLINE -VS- JOSEF, M.D., ET AL. COURT OF COMMON PLEAS TERM, CASE NO: 2002-02-2079 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena ~with a copy of the subpoena " "'attached'theretQ'was.'mailed o~del-ivered..to, eac~ party at.l~east... 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: 03/24/2003 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-400382 1 5 6 1 8 --LO 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TERRY KLINE -VS- JOSEF, M.D., ET AL. COURT OF COMMON PLEAS TERM, CASE NO: 2002-02-2079 NOTICE OF INTENT TO SERVE A SUBPO]~A TO PRODUCE I)OCUM]~S AND TH/F~ FOR DISCOVERy PURS~ TO RUL~ 4009.21 CUMBERLAND FAMILY PRACTICE MEDICAL, BILLING, AND X-RAY(S) ROBERT p. LONERGAM, N.D. PRENIERE EYE ASSOCIATES PITTSBURGH VISION CARE SVCS. MILTON HERSHEY MEDICAL CENTER MILTON HERSHEY MEDICAL CENTER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY TO: CHARLES N. NARSAR, JR., ESQ. MCS on behalf of EVAN BLACK, 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 · waiyed 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. DATB: 03/03/2003 CC: EVAN BLACK, ESQ. - 110-20742 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-217283 1 5 6 1 8 --CO i COMMONWEALTH OF PENNSYLVANIA ,COUNTY OF CUMBERLAND TERRY KLINE : : VS : : 30SEF, M.D., ET AL : : File No. 2002-02-2079 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS . FOR DISCOVERy PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ROBERT p. LONERGAN, 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 ATTACHED at MCS GROUP INC., 1601 MARKET ST., /~800, PHILA.,~?A 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: EVAN BLACK, ESQ. ADDRESS: Po BOX 999 HARRISBURG. PA 17108 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: D EFEN'DANT DATE: ._q~,~%~3/24/2003 Seal of the Court ~ Pmthonotary/Clerk,~Civi~ D~ (F_ff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ROBERT P. LONERGAN, M.D. 207 HOUSE AVENUE SUITE 105 CAMP HILL, PA 17011 RE: 15618 TERRY KLINE Entire medical, billing, and diagnostic (fie, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, fries, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, 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 or treatment pertaining to: · ~Da~tes'RequeSted:. up.to, and including the.present. · . .. Subject: TERRY KLINE -' .... · .... 220 REESER ROAD, CAMP HILL, PA 17011 Social Security #: 202-36-9368 Date of Birth: 10-16-1945 SIJ10-427298 1 5 6 1 8 --LO 9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: TERRY KLINE -VS- JOSEF, M.D., ET AL. COURT OF COMMON PLEAS TERM, CASE NO: 2002-02-2079 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (!) A notice of intent to serve the subpoena with a copy of the subpoena . -attached.thereto was ~maited or 'delivered.to each 'part¥.'&tileast · · .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: 03/24/2003 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-400383 3. S 6 I 8--L10 COMMONWEALTH OF PENNSYLVANIA COUNTy OF CUMBERLAND IN THE MATTER OF: TERRY KLINE -VS- JOSEF, M.D., ET AL. COURT OF COMMON PLEAS TERM, CASE NO: 2002-02-2079 ROBERT p. LONERGAN, M.D. PRENIERE EYE ASSOCIATES PITTSBURGH VISION CARE SVCS. MILTON HERSHEY MEDICAL CENTER MILTON HERSHEY MEDICAL CENTER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING,, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAy ONLY TO: CHARLES W. N~RSAR, JR., ESQ. MCS on behalf of EVAN BLACK, 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 Qrdered at your eXpenSe by completing the attached counsel card and returning same to MCS or by contacting our .local MCS office. DATE: 03/03/2003 CC: EVAN BLACK, ESQ. - 110-20742 MCS on behalf of EVAN BLACK, ES@. Attorney for DEFENDANT Any questions regard/nE this matter, contact THE NCS GROUP INC. 1601 MARKET STREET ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-217283 I 5 6 1 8 -- CO 1 COMMONWEALTH OF PENNSYLVANIA .COUNTY OF CUMBERLAND TERRY KLINE VS JOSEF, M.D., ET AL File No. 2002-02-2079 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ~ (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. AT__._TACHED at MCS GROUP INC., 1601 MARKET 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 compffance, 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 Vwenty (20) days after its service, the party serving this subpoena may seek a Court order compelling you to comply w/th it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK, ESQ. ADDRESS: PO BOX 999 HARRISBURG, PA 17106 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT DATE: '~,~/03/24/2003 Seal of the Court __ Pr°t h°n otary/Cl e.~k,~Ci2~ n EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PREMIERE EYE ASSOCIATES 2745 N. FRONT STREET HARRISBURG, PA 17110 RE: 15618 TERRY KLINE Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and/-rom the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical repons, medication/prescription records, medical billing and payment records, x films and tests with subse en · . . -ray · qu t reports, 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 or treatment pertaining to: Dates Requested: up to and including the present. Subject.: .-TIgRRY :KLINE... 220 REESER ROAD"CAMP HILL, ' PA '17011 ' ~' '' ' .:' · Social Security #: 202,36-9368 Date of Birth: 10-16-1945 SU10-427300 15618 --LIO CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: TERRY KLINE -VS- JOSEF, M.D., ET AL. COURT OF COMMON PLEAS TERM, CASE N0:2002-02-2079 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A .notice of intent to serve the subpoena with a copy of the subpoena .... '-'~' ''attached'thereto-was mai!ed'or~detivere~d, to each. par.ty, at .teas~.. twenty days prior to the date on which the' subpoena is sought to he 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:..03/24/2003 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT DRll-400384 1 5 6 18 --Lll COMMONWEALTH OF PENNSYLVANiA COUNTY OF CUMBERLAND IN THE MATTER OF: TERRY KLINE -VS~ JOSEF, M.D., ET AL. COURT OF COMMON PLEAS TERM, CASE NO: 2002-02-2079 NOTIC~ OF INTENT TO SERVE A SUBPOENA TO PRODUCE ~S AND THINC~ FOR DISCOVERy PURS~ES~NT TO RUI~ 4009.21 -- CUMBERLAND FAMILY P~ACTICE ROBERT p. LONERGAN, M.D. PRENIERE EYE ASSOCIATES PITTSBURGH VISION CARE SVCS. MILTON HERSHEY MEDICAL CENTER MILTON HERSHEY MEDICAL CENTER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING., AND X-RAY(S) MEDICAL, BILLING,, AND X-RAY(S) MEDICAL, BILLING,, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAy ONLY TO: CHARLES N. MARSAR, JR., ESQ. MCS on behalf of EVAN BLACK, 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 th~ 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 counseI card and returning same to MCS or by contacting our local MCS office. - DATE: 03/03/2003 CC: gVAN BLACK, gso. - 110-20742 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCSGROUP INC. 1601 MAHKET STREET #800 PHILADELPHIA, PA 19103 (215) 24i6-0900 DE02-217283 I 5 6 1 8 -- C 0 1 COMMONWEALTH OF PENNSYLVANL4 COUNTY OF CUMBERLAND TERRY KLINE : : VS : : JOSEF, M.D., ET AL : : File No. 2002-02-2079 SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: .____~GUSTODIAN OF RECORDS FOR:~ CARE SERVICES (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 GROUP INC., 1601 MARKET ST., /~800, PHILA. ,FA 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: EVAN BLACK, ESQ. ADDRESS: PO BOX 999 HARRISBURG. PA 1710~ TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: D EFEN-DANT ~ ~03/2412003 Seal of the Court (E~. ?/~'/) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PITTSBURGH VISION CARE SVCS. 311 STATION STREET BRIDGEVILLE, PA 15017 RE: 15618 TERRY KLINE Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, 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 or treatment pertaining to: Dates Requested: up to and including the present. .. Subject.:~ TERRY KLINE 220 REESER ROAD,'cAMP HILL,:pA 17011 · SoCial Security #: 202-36-9368 Date of Birth: 10-16-1945 SU10-427302 15 6 I 8 --Lll CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 400).22 IN THE MATTER OF: TERRY KLINE COURT OF COMMON PLEAS TERM, -VS- JOSEF, M.D., ET AL. CASE N0: 2002-02-2079 AS a prerequisite to service of a ~ubpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena '' "-' ' ' ' ~a.tta. ched-t'here~o.-was mailed or del'i.vere~.l~o.each.party ~a~.teast ..... ''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: 03/24/2003 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-400385 I 5 6 1 8 --L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TERRY KLINE -VS- JOSEF, M.D., ET AL. COURT OF C0MMON PLEAS TERM, CASE N0:2002-02-2079 NOTIC~ OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ANn · ru~,S FOR DISCO%/~KY PUKSUAN~ TO _~_UT.R 4009.21 CUMBERLAND FAMILY PRACTICE ROBERT P. LONERGAN, N.D. PREMIERE EYE ASSOCIATES PITTSBURGH VISION CAPE SVCS. NILTON HERSHEY MEDICAL CEN~ER MILTON HERSHEY MEDICAL CENTER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY TO: CHARLES N. MAHSAH, JR., ESQ. MCS on behalf of EVAN BLACK, 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 ofrecord and serve upon the · unde.rsignedan objection to the subgoena.. 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: 03/03/2003 CC: EVAN BLACK, ESQ. - 110-20742 MCS on behalf of EV~U~I BLACK, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #000 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-217283 I 5 6 1 8 -- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TERRY KLINE : : VS : : JOSEF, M.D., ET AL : : File No. 2002-02-2079 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.?9 CUSTODIAN OF RECORDS FOR: HERSHERY MEDICLA CENTER (NameofPe~onorEnti~) Withintwen~(2~daysafterse~ice~fthissub~ena~y~uare~rderedbythec~u~t~pr~ducethef~wingd~cuments~r things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET 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 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 ISSLrED AT THE REQUEST OF THE FOLLOWING PERSON:' NAME: EVAN BLACK, ESQ. ADDRESS: PO BOX 999 HARRISBURG. PA TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT 1710~ -'~',/3 03/24/2003 DATE: .... /~, ,~ (3~t~,.~ Seal of the Court (Eft. 7197) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MILTON HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE PO BOX 850 HERSHEY, PA 17033 RE: 15618 TERRY KLINE Entire hospital medical billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, 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: TERRY KLINE 220 REESER ROAD, CAMP HILL, PA 17011 Social Security #: 202-36-9368 Date of Birth: 10-16-1945 SU10-427304 15 6 1 8 --L1 2 CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: TERRY KLINE COURT OF COMMON PLEAS TERM, -VS- JOSEF, M.D., ET AL. CASE NO: 2002-02-2079 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena ~- .... ~ ~... attached thereto, was mailed or-deii-vered-to each.par.ty at least.... · .. . twenty days prior to the date on which tine 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: 03/24/2003 MCS on behalf of EVAN BLACK, ESQ.~ Attorney for DE~ENDANT DEll-40038,6 1 5 6 1 8 --L13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TERRY KLINE JOSEF, M.D., -VS- ET AL. COURT OF COMMON PLEAS TERM, CASE NO: 2002-02-2079 NOTICE OF I1TTENT TO SERVE A SUBPOENA TO PRODU~ DOCUM~T~S AND · rui~K~S FOR DISC~V~a~Y P~(~uANT TO R_~v.R 4009.21 CUMBERLAND FAMILY PRACTICE ROBERT P. LONERGAN, N.D. PREMIERE EYE ASSOCIATES PITTSBURGH VISION CARE SVCS. MILTON HERSHEY MEDICAL CENTER MILTON HERSHEY MEDICAL CENTER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY TO:'CHARLES W. MARSAR, JR., ESQ. MCS on behalf of EVAN BLACK, 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: 03/03/2003 CC: EVAN BLACK, ESQ. - 110-20742 MCS on behalf of SLAck, EsQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 ~ARKET STREET #800 PHILADELPHIA, PA 19103 (215) 1246-0900 DE02-217283 15618--C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TERRY KLINE VS JOSEF, M.D., ET AL File No. 2002-02-2079 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.?? TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER (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 GROUP INC., 1601 ,MARKET 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 0f 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 TH'E FOLLOWING PERSON: NAME: EVAN BLACK, ESQ. ADDRESS: PO BOX 999 HARRISBURG. PA 1710~ TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFEN'DANT % { 03/24/2003 DATE: ~ /?, O~ Prothono~Clerk, Civil Div~ Seal of the Court (Elf. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MILTON HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE PO BOX 850 HERSHEY, PA 17033 RE: 15618 TERRY KLINE Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form pertaining to: Dates Requested: up to and including the present. Subject: TERRY KLINE 220 REESER ROAD, CAMP HILL, PA 17011 Social Security #: 202-36-9368 Date of Birth: 10-16-1945 SU10-427306 1 5 6 1 8 --L13 R.J. MARZELEA &ASSOCIATES, P,C. BY: Chades W, Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 1513 Nc t Front Street 17110 Telephone: (717) 234-7828 Fitcsimile: (717~ 234-6883 Attorneys for Plaintiffs, Terry gline and Cheryl gline IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TERRY KLINE and CHERYL KLINE, Husband and wife, Plaintiffs Docket No. 2002-02-2079 VS. GOOD HOPE FAMILY PHYSICIANS, P.C. ERNEST JOSEF, M.D. CATHLEEN SANGILLO, M.D. Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO Pa.R.C.P. 4009.22 As prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiffs, Terry Kline and Cheryl Kline certifid that: 1) a notice of intent to serve the subpoena with a copy of the subpoena with a copy of the subpoena attached hereto was mailed or delivered to each party at least twenty days prior to the date 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 hed to the notice of intent to serve the subpoena. R.J. Marzella & Associates, P.£. g.J. MA~ZELLA & ~SSOClATES, P.C. BY: Charles W. Marsar, jr., Esquire Pennsylvania Supreme Court I.D. No. 8607:2 3513 North Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 Fac-~imile: (7171 234-68~ Attomey.s for Plaintiff's, Terry Kliue and Chevfi I(line IN THE COURT OF COMMON PLE~S CUMBERLAND COUNTY, PENNSYLYANIA CIVIL ACTION - LAW TERRY KLINE and CHERYL KLINE, Husband and wife, Plaintiffs Docket No. 2002-02-2079 VS. GOOD HOPE FAMILY PHYSICIANS, P.C. ERNEST JOSEF, M.D. CATHLEEN SANGILLO, M.D. Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. 4009.21 TO: KEYSTONE HEALTH PLAN CENTRAL 300 Corporate Center Drive Camp Hill, PA 17011 The Plaintiffs intend to serve a subpoena identical to that attached to this notice. You have twenty (20) days from the date stated below in which to file of record and serve upon the undersigned an objection to the subpoena.. If no objection is made, the subpoena may be served. Dated: R.J. Mal ~.~la & Associates, P.C. B~, Charles W'~-~vl~rsar ~/ ILJ. MARZELIA &ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 8{5072 3513 North Front Street Harrisburg, Pennsylvania 17110 Telephone: {717) 234-7828 ~:~l~imile: [71 ?3 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW Attome3~ for Plaintiffs, Terry llline and Cheryl Kline TERRY KL1NE and CHERYL KLINE, Husband and wife, Plaintiffs VS. GOOD HOPE FAMILY PHYSICIANS, P.C. ERNEST JOSEF, M.D. CATHLEEN SANGILLO, M.D. Defendants Docket No. 2002-02079 jURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. 4009.22 TO: KEYSTONE HEALTH PLAN CENTRAL 300 Corporate Center Drive Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: 1. Any and all itemized statements of all billings and any statements generated delineating the amount actually paid, submitted on behalf of TERRY KLINE, Social Security number 202-36-9368, Policy number YWH20236936 from August 1999 through the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate o:F 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: Charles W. Marsar, Jr., Esquire; Supreme Court ID No. 86072 R.j. Marzella & Associates. P.C. 3513 North Front Street Harrisburg, PA 17110 Telephone: (717) 234-7828 Attorney for Terry and Cheryl [<line Seal of the Court BY THE COUR'[': Curtis R. Long, Prothonotary BY: Prothonotary, c,r-agca~::U- , CERTIFICATE OF SERVICE I, Charles W. Marsar, Jr., Esquire, hereby certi~z that a true and correct copy of the foregoing document was served upon counsel of record! this ~ day of June, 2003, by depositing said copy in the United States Mail postage prepaid, first-class deliver, and addressed as follows: Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Attorneys for Defendants, Cathleen Sangillo, M.D., Ernest Josef, M.D., and Good Hope Family Physicians, P.C.) R.J. Marzella & Assodates, P.C. By: ///~~' CERTIFICATE OF SERVICE 1, Charles W. Marsar, Jr., hereby certi~ that a true and correct copy of the foregoing document was served upon counsel of record this 2TM day of July, 2003, by depositing said copy in the United States Mail postage prepaid, first-class deliver, and addressed as follows: Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Attorneys for Defendants, Cathleen Sangillo, M.D., Ernest Josef, M.D., and Good Hope Family Physicians, P.C.) R.J. Marzella & Associates, P.C. CCharle~s ~.~arsar, J f.,~_.~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: TERRY KLINE COURT OF COMMON PLEAS TERM, JOSEF, M.D., ET AL. CASE NO: 2002-02-2079 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) ~ 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: 10/08/2003 ~-~ on bJ~lf/f~ Attorney for DEFIANT DEll-449410 15618--L14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER 0F: TERRY KLINE JOSEF, -VS- M.D., ET AL. COURT OF COMMON PLEAS TERM, CASE NO: 2002-02-2079 NOTICE OF INT~ TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 MOFFITT HEART & VASCULAR GROUP MEDICAL, BILLING, AND X-RAY(S) INTERNISTS OF CENTRAL PA MEDICAL, BILLING, AND X-RAY(S) TO: CHARLES W. MARSAR, JR., ESQ. MCS on behalf of EVAN BLACK, 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: 09/18/2003 CC: EVAN BLACK, ESQ. - 110-20742 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-241878 15618--CO 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TERRY KLINE VS. JOSEF, M.D., ET AL. File No. 2002-02-2079 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MOFFITT HEART & VASCULAR GROUP (Name of Person or Entity) Within twenty (20) days aRer service of this subpoena, you are ordered by the court to produce the following docments or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelnhia PA 19103 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 at~er 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: EVAN BLACK, ESQ. ADDRESS: 305 N. FRONT STREET P.O. BOX 999 HARRISBURG. PA 17105 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonetary/Clerk, Civil Divisi~ Date: OCT 0 8 2003 Seal of the Court 15618-14 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MOFFITT HEART & VASCULAR GROUP 977 WALNUT BOTTOM ROAD CARLISLE, PA 17013 RE: 15618 TERRY KLINE INCLUDING ANY AND ALL RECORDS FROM 3/18/02 TO PRESENT. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, fries, memoranda, handwritten notes, histoxy and physical repons, medication/preseription records, medical billing and payment records, x-ray films and tests with subsequent repons, includin~g 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 or treatment pertaining to: Dates Requested: up to and including the present. Subject: TERRY KLINE 220 REESER ROAD, CAMP HILL, PA 17011 Social Security #: 202-36-9368 Date of Birth: 10-16-1945 SU10-464612 15618 --L14 CERTIFICATE PREREQUISITE TO SERVICE OF A S[~POENA PURSUANT TO RULE 4009.22: IN THE MATTER OF: TERRY KLINE COURT OF COMMON PLEAS TERM, -VS- JOSEF, M.D., ET AL. CASE NO: 2002-02-2079 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that 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, includin9 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: 10/08/2003 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT DEll-449411 15618--L15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: TERRY KLINE JOSEF, M.D., -VS- ET AL. COURT OF COMMON PLEAS TERM, CASE NO: 2002-02-2079 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND WINGS POR DISCO%q~RY PURSUAI%~ TO RI]L]~ 4009.21 MOFFITT HEART & VASCULAR GROUP MEDICAL, BILLING, ~ X-RAY(S) INTERNISTS OF CENTRAL PA MEDICAL, BILLING, ~ X-HAY(S) TO: CHARLES W. MARSAR, JR., ESQ. MCS on behalf of EVAN BLACK, 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: 09/18/2003 CC: EVAN BLACK, ESQ. - 110-20742 MCS on behalf of EVAN BLACK, ESQ. Attorney for DEFENDANT Any questions regard/ng this matter, contact THE MCS GROUP INC. 1601 }~%RKET STREET #8O0 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-241878 15618--CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOSEF, M.D., ET AL. File No. 2002-02-2079 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for INTERNISTS OF CENTRAL PA (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 RIDER **** at The MCS Groun. Inc._ 1601 Market Street. Suite 800. Philadelt~hia. PA 19103 You may deliver or mail legible copies of the documents or produce thingi requested by this subpoena, together with the certificate of enmpliance, 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: EVAN BLACK. ESO. ADDRESS: 305 N. FRONT STREET P.O. BOX 999 HARRISBURG. PA 17108 TELEPHONE: (215~ 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: ~ Prothonotary~CYer~, Civil I~t~ion Date: OCT 0 8 2003 Seal of the Court 15618-15 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: INTERNISTS OF CENTRAL PA P.O.BOX 107 110 LOWTHER ST. LEMOYNE, PA 17043 RE: 15618 TERRY KLINE INCLUDING ANY AND ALL RECORDS FROM 12/10/02 TO PRESENT. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, fries, memoranda, handwritten notes, history and physical reports, medication/preseription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all .suc.h items ,as.. may be stored in a computer database or otherwise in electromc lro .nn., remtmg to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: TERRY KLINE 220 REESER ROAD, CAMP HILL, PA 17011 Social ~ ~Se~u. rity #: 202-36-9368 Date of Birth: 10-16-1945 SU10-464614 15618 --L15 R.J. MARZELLA & ASSOCIATES, P.C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court I.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 234-7828 Facsimile: 17171 234-6883 Attorneys for Plaintiffs, Terry Kline and Cheryl Kline IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACT[ON - LAW TERRY KLINE and CHERYL KLINE, Husband and wife, Plaintiffs Docket No. 2002-02079 VS. GOOD HOPE FAMILY PHYSICIANS, P.C. ERNEST JOSEE, M.D. CATHLEEN SANGILLO, M.D. Defendants JURY TRIAL DEMANDED PRAECIPE TO SETrLE AND DISCONTINUE Kindly mark the above-captioned case as Settled and Discontinued. Dated: R.J. Mafzella & Associates, P.C. By: ~ar~ar, J~J,,~re / Attorney lde~ifi catic/o~860 72 CERTIFICATE OF SERVICE l, Charles W. Marsar, Jr., hereby certifiy that a true and correct copy of the foregoing document was served upon counsel of record this 26th day of November, 2003, by depositing said copy in the United States Mail postage prepaid, first-class deliver, and addressed as follows: Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Attorneys for Defendants, Cathleen Sangillo, M.D., Ernest Josef, M.D., and Good Hope Family Physicians, P.C.) R.J. Marzella & Associates, P.C. By: