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HomeMy WebLinkAbout06-6350FEDER & ASSOCIATES LLC BY: FRED M. FEDER, ESQUIRE ATTORNEY I.D. NO: 25709 1701 Mt. Pleasant Road Villanova, PA 19085 (215) 735-7900 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION ATTORNEY FOR PLAINTIFF EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and in his own right 201 Denison Drive Dauphin, PA 17018 Plaintiff JURY TRIAL DEMANDED vs. PINNACLE HEALTH a Pennsylvania Corporation 409 South 2nd Street P.O. Box 8700 Harrisburg, PA 17101-7800 and SCOTT D. MUELLER, M.D. Pinnacle Health Cumberland Campus-Fredericksen Outpatient Center 2025 Technology Parkway Suite 207 Mechanicsburg, PA 17050 Defendants NO.: 6&-&350 COMPLAINT--CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 232-7536 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones 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 fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 232-7536 1. Plaintiff EUGENE L. KEATH is an adult individual residing at 201 Denison Drive, Dauphin, Dauphin County, Pennsylvania 17018, and is the surviving spouse of ELIZABETH A. KEATH, deceased. 2. At the time of the events which are the subject of the instant lawsuit, EUGENE L. KEATH and ELIZABETH A. KEATH were husband and wife and resided together at 321 Dennison Drive, Dauphin, Dauphin County, Pennsylvania 17018. 3. ELIZABETH A. KEATH did not bring any action during her lifetime, nor has any other action for her death been commenced against the Defendants herein. 4. EUGENE L. KEATH was duly qualified as Administrator of the Estate of ELIZABETH A. KEATH pursuant to Letters of Administration issued by the Register of Wills of Dauphin County, Pennsylvania, on May 25, 2006, and as such brings herein an action for Wrongful Death on behalf of the survivors of ELIZABETH A. KEATH, under and by virtue of 42 Pa. C.S. §8301, Pa. R. Civ. P. 2202, and other pertinent laws, statutes and rules of the Commonwealth of Pennsylvania, and/or the laws of such other jurisdiction as may be found applicable. 5. ELIZABETH A. KEATH, age 47 at the time of her death, left surviving her the following persons entitled to recover damages for her death, on whose behalf this action is brought: a.) EUGENE L. KEATH (husband) b.) JEFFREY E. KEATH (son) 6. EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, also brings a Survival Action on behalf of the Estate of ELIZABETH A. KEATH under and by virtue of 42 Pa. C.S. §8302 and other pertinent laws, statutes and rules of the Commonwealth of Pennsylvania, and/or the laws of such other jurisdiction as may be found applicable. 7. The persons entitled to share in the estate are those persons named in Paragraph 5 above. 8. Defendant PINNACLE HEALTH (hereinafter referred to as "PINNACLE"), is a Pennsylvania non-stock, non-profit Pennsylvania Corporation organized and existing within and under the laws of the Commonwealth of Pennsylvania, conducting business regularly within the County of Dauphin, with a registered address at 409 South 2nd Street, P.O. Box 8700, Harrisburg, PA 17101-7800. Plaintiff is asserting a professional liability claim against this Defendant. 9. At all times material herein, Defendant PINNACLE was engaged in operating and maintaining hospitals in Central Pennsylvania, including the Counties of Dauphin and Cumberland, and it held itself out to the public generally, and to Plaintiff EUGENE L. KEATH and Plaintiff's Decedent ELIZABETH A. KEATH specifically, as providing hospitals, physicians and medical facilities skilled in caring for people who need medical care and attention. 10. Defendant PINNACLE, owned, operated and maintained, possessed and controlled the equipment and facilities as well as the supplies used in said medical care and attention, and further supplied certain personnel and services, such as resident medical staff, anesthesiologists, anesthetists, nurses, pharmacologists and laboratory technicians. 11. Defendant, SCOTT D. MUELLER, M.D., (hereinafter referred to as "MUELLER") is an adult individual duly licensed to practice medicine in the Commonwealth of Pennsylvania and practicing as a physician with professional offices -2- located on the Cumberland Campus -- Frederickson Outpatient Center of Defendant PINNACLE at 2025 Technology Parkway, Suite 207, Mechanicsburg, Cumberland County, Pennsylvania 17050. Plaintiff is asserting a professional liability claim against this Defendant. 12. At all material times, Defendant MUELLER, was practicing medicine in the Commonwealth of Pennsylvania and held himself out to the public generally, and to Plaintiff EUGENE L. KEATH and Plaintiff's Decedent ELIZABETH A. KEATH specifically, as being qualified and skilled in the practice of medicine, and in particular the field of Family Medicine, and entered into a physician-patient relationship with Plaintiff's Decedent ELIZABETH A. KEATH. 13. At all material times, Defendant MUELLER, was the agent, ostensible and/or apparent agent, servant, workman and/or employee of Defendant PINNACLE and was and/or was held out to be the agent, ostensible and/or apparent agent, servant, workman and/or employee of Defendant PINNACLE, and was acting within the course of his employment and the scope of his authority. 14. Decedent was examined by Defendant MUELLER, in a follow-up visit on December 22, 2005; her previous visit to Defendant MUELLER had been on September 6, 2005. 15. According to Defendant MUELLER's electronic office notes, Decedent reported the usual pain, but somewhat more fatigued than usual, was grieving for her mother-in-law, who died a few weeks ago, and was experiencing crying episodes and sleeping more than usual. 16. Defendant MUELLER's electronic office notes reflected that Decedent's -3- current medications included Accupril; Fioricet; Hydrocodone; Ibuprofen; Lasix; Neurontin; Parafon Forte; Prozac; Synthroid; and Wellbutrin; all of those medications had ben prescribed by Defendant MUELLER. 17. Defendant MUELLER, recorded in his electronic office notes the impression that Decedent was well hydrated, well nourished and in no acute distress; was alert and oriented with her judgment, insight and memory intact; her mood was depressed and her speech and language were normal. 18. Defendant MUELLER advised Decedent to continue her present treatment and return for a follow-up in three months; Defendant MUELLER's electronic office notes also indicate that he discussed grief counseling with Decedent. 19. At the time of Decedent's visit on December 22, 2005, her weight was 189.8 pounds, down from 203 pounds on the previous visit; Decedent's blood pressure was 104/60 down from 124/72 on the previous visit; and her pulse was 100, up from 84 on the previous visit; neither her temperature nor her respiration rate was checked. 20. Three days later, on December 25, 2005, Decedent presented to the Emergency Room of Community General Osteopathic Hospital in Harrisburg, PA complaining of severe neck pain; the Decedent appears in distress and her speech was somewhat slurred. 21. At the time of her presentation in the Emergency Room, Decedent's blood pressure was 78/34, her pulse was 107, respirations 18 and temperature was 97.3. 22. Laboratory studies were ordered, which revealed thick, green urine, anemia, elevated abnormal white blood cell count, decreased sodium, elevated serum creatine phosphokinase, positive urine toxicology, renal failure and acidosis. 4 23. Decedent was given an injection of Narcan (Naloxone Hydrochloride), used to reverse narcotic depression induced by opioids, and became agitated thereafter. 24. The admitting diagnosis was urinary tract infection, rhabdomyolysis, anemia, hypoglycemia and acute mental status changes. 25. A follow-up chest x-ray showed multiple lobar pneumonia, with a worsening of diffuse pulmonary interstitial and alveolar opacities. 26. An echocardiogram showed ejection fraction of 50%, mitral valve and aortic valve sclerosis, mild tricuspid insufficiency. 27. Decedent thereafter developed acute renal failure and needed to be placed on a ventilator. 28. Decedent's condition progressively declined and she developed shock, liver and organ failure; her temperature was elevated to 107 degrees. 29. After a long discussion with Decedent's family, Decedent was made level of care four and was pronounced dead at 9:37 a.m. on January 2, 2006. 30. The cause of Decedent's death, according to the discharge summary, was cardiopulmonary arrest; acute renal failure, and sepsis. COUNT ONE EUGENE L. KEATH vs. PINNACLE HEALTH AND SCOTT D. MUELLER, M.D. 31. Plaintiff incorporates by reference all of the averments of all of the preceding paragraphs by reference as fully as though the same were hereinafter set forth at length. 5 32. The negligence and carelessness of Defendants PINNACLE and MUELLER, individually and/or through their agents, ostensible agents, servants, workmen and/or employees, consisted of failing to conform to the requisite standard of medical care under the circumstances; failing to exercise-the degree of care and skill, and/or to possess the degree of knowledge ordinarily exercised or possessed by others in their profession; failing to provide and render reasonable care; causing harm; and/or increasing the risk of harm, in the following respects: (a) Failing to properly examine, evaluate and treat Decedent on December 22, 2005; (b) Failing to recognize Decedent's symptoms and to properly treat same; (c) Failing to realize the severity of Decedent's illness; (d) Failing to order any tests to determine the source or cause of Decedent's symptoms; (e) Failing to consider or make a differential diagnosis and/or failing to order tests or take appropriate action to confirm or rule out a differential diagnosis; (f) Failure to take complete vital signs of the Decedent including temperature and respiratory rate, especially where the Decedent's blood pressure was very low and much lower than ever before, the heart rate was markedly elevated, and where vital signs were indicative of severe dehydration, sepsis, and hypovolemic shock; (g) Failing to take proper cognizance of the Decedent's mental status change, noted as "sleeping more than usual, fatigue somewhat worse" where such changes in mental status were indicative of cerebral and global hypoperfusion, 6 dehydration and hypovolemic shock; (h) Failure to take due note of the fact that the multiple medications then prescribed for the Decedent, including multiple pain and anti-inflammatory medications, nonsteroidal anti-inflammatory drugs (NSAID's), narcotics/opioids and two major antidepressant medications, Prozac and Wellbutrin, as well as a muscle relaxant and headache medication, could have side effects resulting in lethargy, masking fever and causing hepatotoxicity/liver damage, mental status changes, renal damage, gastrointestinal bleeding, anemia/hypovolemia, gastritis, as well as numerous other potential signs and symptoms; (1) Failing to closely monitor the Decedent's condition while taking Lasix, a potent loop diuretic, by ordering laboratory tests to assess fluid, acid base and electrolyte balance, especially where there was any change in the Decedent's clinical status; (j) Failing to monitor the Decedent's condition while taking a thyroid medication by ordering a thyroid profile and TSH test in light of the Decedent's clinical presentation and weight loss; (k) Failing to order laboratory testing in light of the toxicity and complexity of the Decedent's medical regimen, the Decedent's altered mental status, the Decedent's abnormal vital signs in order to facilitate a diagnosis of prerenal azotemia, dehydration, sepsis and anemia, and which if timely performed, would have yielded abnormal results in marked contrast to the Decedent's previous laboratory test results and disclosed derangements which if diagnosed at the time of the Decedent's visit would have been rectifiable and fully reversible; 7 (1) Failing to closely monitor the Decedent for possible overuse of medications and/or self-medication in light of the Decedent's altered sensorium in order to adequately assess the need for referral to mental health professionals and/or pain medicine specialists; (m) Failing to appreciate that the Decedent's weight continued to decrease over several visits suggested an ominous disease process such as occult cancer, hyperthyroidism, overmedication with thyroid replacement medication and/or dehydration; (n) Failing to administer Narcan stat at the time of the office visit on December 22, 2005 in order to reverse the effects of opioids in the Decedent's system which were contributing to the Decedent's lethargy and change in sensorium, and ultimately led to dehydration, acute renal failure, rhabdomyolysis, an acute, fulminating, potentially fatal disease of skeletal muscle causing destruction of muscle, and death; (o) Failing to order laboratory studies which would have revealed thick, green urine, anemia, elevated abnormal white blood cell count, decreased sodium, elevated serum creatine phosphokinase, positive urine toxicology, renal failure and acidosis, elevated liver functions, all strong indicators of the medical conditions which cause the Decedent's death; (p) Failing to order a chest X-ray which would have demonstrated pneumonia secondary to obtundation/aspiration; (q) Failing to recognize, diagnose and treat properly and expeditiously Decedent's symptoms; (r) Failing to institute proper treatment of Decedent; 8 (s) Failing to properly evaluate and monitor Decedent's condition; (t) Failing to anticipate and prevent the untoward conditions caused by Defendant's improper care and treatment; (u) Violating applicable statutes, laws, ordinances, rules and regulations governing health care providers; (v) Failing to follow proper procedures, standards and guidelines governing health care providers; and, (w) Failing to refer Decedent to a specialist or to suggest that Decedent be examined by a more qualified physician. 33. Solely as a result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Decedent experienced extreme pain and suffering. 34. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Decedent died. 35. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH, as well as Decedent's minor child, have suffered financial loss and have incurred general expenses and bills. 36. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH was caused to make unnecessary expenditures for medical bills. 9 37. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH has lost the right to future maintenance and support. 38. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH and Decedent's minor child have lost the ability to maintain or sustain a family relationship. 39. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH and Decedent's minor child have lost such other things of value and have sustained such other damages as are properly allowable under Pennsylvania law, including but not limited to, wages and future wages. 40. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, her survivors have suffered pecuniary losses, including medical, funeral, burial and related expenses, including the cost of administration of ELIZABETH A. KEATH's estate. 41. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, her survivors have been deprived of her earnings, the value of the contributions from ELIZABETH A. KEATH had she lived, and her support, consortium, aid, comfort, counsel, association, society and other services. WHEREFORE, Plaintiff EUGENE L. KEATH demands judgment against Defendants PINNACLE HEALTH and SCOTT D. MUELLER, M.D., jointly, severally and individually and by and through their agents, ostensible agents, servants, workmen and/or employees, jointly, severally and/or individually, in an amount in excess of Fifty 10 Thousand ($50,000.00) Dollars, together with interest, costs of suit, delay damages, post-verdict interest, attorney's fees and such other and further relief as the Court may find just and appropriate under the circumstances. COUNT TWO EUGENE L. KEATH vs. PINNACLE HEALTHAND SCOTT D. MUELLER, M.D. WRONGFUL DEATH ACTION 42. Plaintiff incorporates by reference all of the averments of all of the preceding paragraphs by reference as fully as though the same were hereinafter set forth at length. 43. Due to the conduct or failure to act on the part of Defendants PINNACLE and MUELLER, as aforesaid, Plaintiff's Decedent has left the following individuals entitled to recovery for her death: EUGENE L. KEATH (husband); JEFFREY E. KEATH (son) 44. Said individuals, by reason of the death of Plaintiff's Decedent, have suffered fiduciary loss and other expenses of administration of the Estate. 45. The surviving spouse, Plaintiff EUGENE L. KEATH, has suffered loss of Decedent's society, comfort and consortium. 46. The surviving child has suffered loss of Decedent's companionship, comfort, society, guidance, tutelage and moral upbringing. 47. ELIZABETH A. KEATH did not bring any action during her lifetime, nor has any other action for her death been commenced against the Defendants herein. 11 48. Plaintiff EUGENE L. KEATH, having been duly qualified as Administrator of the Estate of ELIZABETH A. KEATH, pursuant to Letters of Administration issued by the Register of Wills of Dauphin County, Pennsylvania, on May 25, 2006, therefore brings this action for Wrongful Death against Defendants PINNACLE and MUELLER on behalf of the survivors of ELIZABETH A. KEATH, under and by virtue of 42 Pa. C.S. §8301, Pa. R. Civ. P. 2202, and other pertinent laws, statutes and rules of the Commonwealth of Pennsylvania, and/or the laws of such other jurisdiction as may be found applicable. 49. Plaintiff EUGENE L. KEATH is entitled to recover, in addition to other damages, amounts for reasonable hospital, nursing, medical and funeral expenses, and expenses of administration necessitated by reason of the conduct and/or omissions to act of Defendants PINNACLE and MUELLER causing death or increasing the risk of harm. WHEREFORE, plaintiff EUGENE L. KEATH demands judgment against Defendants PINNACLE HEALTH and SCOTT D. MUELLER, M.D., jointly, severally and individually and by and through their agents, ostensible agents, servants, workmen and/or employees, jointly, severally and/or individually, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs of suit, delay damages, post-verdict interest, attorney's fees and such other and further relief as the Court may find just and appropriate under the circumstances. 12 COUNT THREE EUGENE L. KEATH vs. PINNACLE HEALTH AND SCOTT D. MUELLER, M.D. SURVIVAL ACTION 50. Plaintiff incorporates by reference all of the averments of all of the preceding paragraphs by reference as fully as though the same were hereinafter set forth at length. 51. On behalf of the Estate of ELIZABETH A. KEATH, Deceased, Plaintiff claims damages for the conscious pain and suffering undergone by ELIZABETH A. KEATH; for ELIZABETH A. KEATH's total estimated future earning power and capacity less her estimated cost of personal maintenance; for ELIZABETH A. KEATH's loss of retirement and Social Security income and fringe benefits; and for ELIZABETH A. KEATH's other financial losses suffered as a result of her death. WHEREFORE, Plaintiff EUGENE L. KEATH demands judgment against Defendants PINNACLE HEALTH and SCOTT D. MUELLER, M.D., jointly, severally and individually and by and through their agents, ostensible agents, servants, workmen and/or employees, jointly, severally and/or individually, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs of suit, delay damages, post-verdict interest, attorney's fees and such other and further relief as the Court may find just and appropriate under the circumstances. Respectfully submitted, FEDER & ASSOCIATES, LLC BY: -l RED M. SQUIRE /Attorney for P intiff Eugene L. Keath 13 VERIFICATION I, Eugene L. Keath, Individually and as Administrator of the Estate of Elizabeth A. Keath, hereby verify that the statements made in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements in the said Pleading are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: October 23, 2006 JZOU EUG E L. KEA H n ^? C 1 . T . ?4l T-e . (? ?? 00 FEDER & ASSOCIATES LLC BY: FRED M. FEDER, ESQUIRE ATTORNEY I.D. NO: 25709 1701 Mt. Pleasant Road Villanova, PA 19085 (215) 735-7900 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and in his own right Plaintiff vs. NO.: O(o-(o350 c ? PINNACLE HEALTH _ - -n and J f`} SCOTT D. MUELLER, M.D. : "T I Defendants Certificate of Merit as to Defendant Pinnacle Health c -? I, Fred M. Feder, Esquire, certify that the claim that this Defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this Defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. Date: October 31, 2006 fe-* ?? F ED M. FEDER SQUIRE ,ttorney for Plai tiff FEDER & ASSOCIATES LLC BY: FRED M. FEDER, ESQUIRE ATTORNEY I.D. NO: 25709 1701 Mt. Pleasant Road Villanova, PA 19085 (215) 735-7900 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF OFESS ONAL LDIABILITY COUNTY, CAL CIVIL ACTION - MEDI EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and in his own right Plaintiff vs. NO.: 0(0 -Go35d PINNACLE HEALTH and SCOTT D. MUELLER, M.D. Defendants Certificate of Merit as to Defendant Scott D. Mueller M.D. I, Fred M. Feder, Esquire, certify that an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this Defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. Date: October 31, 2006 F ED M. FEDE , ESQUIRE Attorney for PI ntiff t ? r'te' c_ cr3 ^: t _.4 MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 General Telephone: [7171975-8114 Direct Dial: [7171760-7500 Fax: [7171975-8124 E-Mail: mbadowski@margolisedelstein.com Attorney for Defendant PINNACLE HEALTH HOSPITALS t/d/b/a PINNACLE HEALTH AT HARRISBURG HOSPITAL EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, NO. 06-6350 deceased, and in his own right, Plaintiff vs. PINNACLE HEALTH and SCOTT D. MUELLER, M.D., Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE CUMBERLAND COUNTY PROTHONOTARY: Kindly enter the appearance of Margolis Edelstein on behalf of Defendant Pinnacle Health Hospitals in the above-captioned action. Date: l &Ob? MA G, LI DEL A By. Mic a , M. Ba' owski, Esquire Attorney for Defendant Pinnacle Health Hospital CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel/parties of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first class postage prepaid, on the t day of , 2006, and addressed as follows: Fred M. Feder, Esquire 1701 Mt. Pleasant Road Villanova, PA 19085 MARGOLIS EDELSTEIN rw?'W Q rj A gel M. Gayman ?? c'? ? ?? r- e^7 `C'f __ G.' - ? ' -- - r ;__-1 -r? ?. _ r? . , ?-- c;.? ; s _? ?: .. -i ..? ? Y ,P. FOULKROD ELLIS Professional Corporation 2010 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 EUGENE L. KEATH, as Administrator Of the Estate of ELIZABETH A. KEATH, Deceased, and in his own right, Plaintiff Attorneys for Defendant: Scott D. Mueller, M.D. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PINNACLE HEALTH and SCOTT D. MUELLER, M.D., Defendants NO. 06-6350 : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY Kindly enter our appearance on behalf of Defendant, Scott D. Mueller, M.D., in the above-captioned action. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Date: I 1 -13 - Oi0 By: Leigh J. Ellis, Esquire AttornI.D. No. 53229 Cindy N. Ellis, Esquire Attorney I.D. No. 83823 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Entry of Appearance was served upon counsel of record this 13th day of November, 2006, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Fred M. Feder, Esquire Feder & Associates, LLC 1701 Mt. Pleasant Road Villanova, PA 19085 (Counsel for Plaintiff) Pinnacle Health 409 South 2nd Street P.O. Box 8700 Harrisburg, PA 17101-7800 FOULKROD ELLIS PROFESSIONAL CORPORATION By:7 Stacy L. Breon, Paralegal C? ^' r.:? N _ - ,, _C _- c., c..n + t; s ,J ?1 __ {T M) ?T T"i7 ?., f _. -_ : l ?.? _. _ • • -1 '-2 Cry .- "'? .. TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (Must be typewritten and submitted in duplicate) Please list the within matter for the next Argument Court, Eugene L. Keath, as Administrator Of the Estate of Elizabeth A. Keath, Deceased, and in his own right PRAECIPE FOR LISTING CASE FOR ARGUMENT (Plaintiff) V. Pinnacle Health and Scott D. Mueller, M.D. (Defendants) No.: 06-6350 1. 2 State matter to be argued: Preliminary Objections of Defendant, Scott D. Mueller, M.D., to Plaintiffs' Complaint Identify counsel who will argue cases: (a) for plaintiff. Fred M. Feder, Esquire, Feder & Associates, LLC, 1701 Mt. Pleasant Road, Villanova, PA 19085 (b) for defendant, Scott D. Mueller, M.D. 3. 4. Cindy N. Ellis, Esquire, Foulkrod Ellis, 2010 Market Street, Camp Hill PA 17011 I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: January 24, 2007 Signa Cindy N. Ellis Print your name Attorney for Defendant, Scott D. Mueller, M.D., November 21, 2006 ?.o . ` CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was served upon counsel of record this 21" day of November, 2006, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Fred M. Feder, Esquire Feder & Associates, LLC 1701 Mt. Pleasant Road Villanova, PA 19085 (Counsel for Plaintiff) Pinnacle Health 409 South 2n' Street P.O. Box 8700 Harrisburg, PA 17101-7800 FOULKROD ELLIS PROFE SIONAL CORPORATION By: Cheryl aro alo, Le Se ary C w pp a. -r r FOULKROD ELLIS Professional Corporation 2010 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 Attorneys for Defendant: Scott D. Mueller, M.D. EUGENE L. KEATH, as Administrator Of the Estate of ELIZABETH A. KEATH, Deceased, and in his own right, Plaintiff PINNACLE HEALTH and SCOTT D. MUELLER, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06-6350 : JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT, SCOTT D. MUELLER, M.D., TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Scott D. Mueller, M.D., (hereinafter "Moving Defendant"), by and through his counsel, Foulkrod Ellis, and hereby files the within Preliminary Objections to Plaintiffs' Complaint as follows: 1. The within medical malpractice action was initiated by Complaint filed on or about October 31, 2006. A true and correct copy of Plaintiffs' Complaint is attached hereto as Exhibit "A". 2. Moving Defendant was served on November 8, 2006. 3. Although it is not clear, it appears that Plaintiffs allege that Moving Defendant was negligent with respect to the care and treatment he provided to Plaintiff s decedent after a suicide attempt. 4. The Complaint appears deficient in several aspects. Accordingly, Moving Defendant files the following Preliminary Objections. MOTION TO STRIKE ALLEGATIONS OF RECKLESSNESS AND/OR CLAIM FOR PUNITIVE DAMAGES 5. Pennsylvania Rule of Civil Procedure 1028(a)(2) provides that a defendant may move to strike off a Complaint for lack of conformity to law or rule of court. 6. Without pleading any underlying facts to support such claims, Plaintiffs' Complaint asserts that Defendants acted with "recklessness." 7. The language "recklessness" implies a claim for punitive damages. 8. The MCARE Act governs the permissibility of punitive damages in medical malpractice actions. 9. Pursuant to Pennsylvania law, "punitive damages may only be awarded for conduct that is the result of the health care provider's willful or wanton conduct or reckless indifference to the rights of others." 40 P.S. § 1303.505(a). 10. Plaintiffs do not allege any facts that would suggest willful or wanton conduct or reckless indifference with regard to the conduct of Moving Defendant. 11. It is well settled that "punitive damages may not be awarded for misconduct which constitutes ordinary negligence such as inadvertence, mistake, and errors of judgment." Hall v. Jackson, 788 A.2d 389 (Pa. Super. 2001) (citing McDaniel v. Merck, ShaTM and Dohme, 533 A.2d 436, 447 (Pa. Super. 1987)). 2 12. This Honorable Court has consistently dismissed punitive damage claims in medical malpractice actions for failure to plead material facts to support the proposition that a health care provider acted outrageously, with an evil motive, or with reckless or conscious indifference to a Plaintiff's wellbeing. Garrity v. Macaluso, No. 01-1300 Civil Term, (Ct. Com. Pl., Cumberland County, July 31, 2001); Dorsey v. Pinker, No. 98-3107 Civil Term, (Ct. Com. Pl., Cumberland County, August 4, 1999); Tonsend-Ensor v. Entwistle, No. 98-5606 Civil Term, (Ct. Com. Pl., Cumberland County, June 17, 1999); Gordon v. Tagggart , No. 97-6684 Civil Term, (Ct. Com. Pl., Cumberland County, July 2, 1998). 13. As Plaintiffs have not alleged any material facts that suggest outrageous, reckless, wanton, or willful conduct on the part of Moving Defendant, their claim for punitive damages should be dismissed. WHEREFORE, Defendant, Scott D. Mueller, M.D., respectfully requests that this Honorable Court enter the attached Order and strike all claims of recklessness and claim for punitive damages from Plaintiffs' Complaint with prejudice. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE 14. Paragraph'32 and the ad damnum clauses of Plaintiffs' Complaint allege that Moving Defendant acted through and is liable for his "agents, ostensible agents, servants, workmen and/or employees." 15. Pursuant to Pennsylvania law, Plaintiff is required to specifically identify any agents, servants, and/or employees of the Defendant upon whose actions the alleged liability is based. Alumni Association v. Sullivan, 535 A.2d 1092 (Pa. Super. 1987). 16. Plaintiffs' Complaint does not specifically identify any individuals and/or their alleged acts other than Dr. Mueller. 17. This lack of specificity as to identification of agents, servant, and/or employees is violative of Pa. R.C.P. 1019(a). 18. In addition, Plaintiffs' lack of specificity regarding agency, deprives Moving Defendants of their ability to comply with Pa. R.C.P. 1029(e)(1) relating to specific denials relating to agency averments. WHEREFORE, Moving Defendant respectfully requests that the language contained in Paragraph 32 and Plaintiffs' ad damnum clauses referencing unidentified "agents, ostensible agents, servants, workmen and/or employees" be stricken from Plaintiffs' Complaint with prejudice. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE 19. The following paragraphs of Plaintiffs' Complaint are objectionable in that they contain nothing more than "boiler plate" and "catch all" allegations of negligence that are not specific to this action and could be pled against any health care provider in any malpractice action: 32(a), 32(b), 32(c), 32(d), 32(e), 32(q), 32(r), 32(s), 32(t), 32(u), 32(v) and 32(w) 20. Pursuant to Pa. R.C.P. 1019(a), "the material facts on which a cause of action or defense is based shall be stated in concise and summary form." 21. As the Complaint currently reads, it is not possible for Moving Defendant to even ascertain what "condition" of Decedent's Moving Defendant allegedly failed to diagnose, treat and/or appreciate. 22. Moving Defendant is prejudiced by these allegations, because a defense to these vague allegations cannot be prepared. 4 23. Furthermore, these allegations of negligence as they now read afford Plaintiffs the opportunity to introduce new theories of recovery at any time prior to the commencement of trial and after the expiration of the statute of limitations in violation of Connor v. Allegheny General Hospital, 461 A.2d 600 (Pa. 1983). 24. Pursuant to Pa. R.C.P. 1028, this Court is empowered to strike from Plaintiffs' Complaint any allegations that fail to conform to law or rule of court. WHEREFORE, Moving Defendant respectfully requests that paragraphs 32(a), 32(b), 32(c), 32(d), 32(e), 32(q), 32(r), 32(s), 32(t), 32(u), 32(v) and 32(w) be stricken from Plaintiffs' Complaint with prejudice. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE 25. Plaintiffs' ad damnum clauses in the Complaint demand the award of attorney's fees. 26. Generally, attorney fees cannot be recovered from an adverse party, "absent an express statutory authorization, a clear agreement by the parties or some other established exception." Merlino v. Delaware County, 728 A.2d 949, 951 (Pa. 1999). 27. Plaintiffs fail to allege any agreement, circumstance or statute which would entitle them to attorney fees. 28. Pursuant to Pa. R.C.P. 1028(a)(2), preliminary objections are permitted to strike scandalous or impertinent matters from a pleading. WHEREFORE, Moving Defendant respectfully requests that Plaintiffs' demand for attorney's fees be stricken with prejudice. 5 Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Date: I IIJ& By. CA-?Yv&tl- Leigh A.J. Ellis Attorney I.D. No. 53229 Cindy N. Ellis Attorney I.D. No. 83823 n r c ?'`?'? b'? A' FEDER & ASSOCIATES LLC BY: FRED M. FEDER, ESQUIRE ATTORNEY I.D. NO: 25709 1701 Mt. Pleasant Road ViilaMova, PA 19085 (215) 738-7900 ?' ' C ? 'Li Ck? T . F ATTORNEY FOR PLAINTIF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and In his own right 201 Denison Drive ; Dauphin, PA 17018 Plaintiff vs. PINNACLE HEALTH a Pennsylvania Corporation 409 South 2nd Street P.O. Box 8700 Harrisburg, PA 17101-7800 and SCOTT 0. MUELLER, M.D. Pinnacle Health Cumberland Campus- Fred ericksen Outpatient Center 2025 Technology Parkway Suite 207 Mechanicsburg, PA 17050 Defendants JURY TRIAL DEMANDED NO.: b(o - (P'BW 'RUE COPY FROM REWRD i COMPLAINT-CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. If you weah to defend against the claims set forth In the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and ailing In writing with the Court your defenses or objections to the clal.ms set forth against you. You are warned that if you fail to ZUO'd ISO# zo:Li 900Z/80/li 990 6LLI L:uroa? i Ai-VrGV3 -1VN0I53d08d 6VSLLEE0T9 OT:Li 900?/60/TT C13AI30M 6T/£0 39dd hl-idnsvo -1aN0IS3d06d 6PSLL££019 LO:TT 900Z/60/TT do so the case may proceed without you and a judgment may be entered agalnet you by tho Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the PlaintNL You may lose money or prop" or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 232-7636 AV..VISO USTED HA SIDO DEMANDADOtA EN CORTE. Sl usted desea defenderse de las domandas quo se pressntan mas adelants on ias slgulentes paginas, lobe tamer accion dentro de loa proximos vointo (20) dies despues do Is notificacion de esta Demands y Aviso radicando personalmente o par media de un abogado una compareconcia escrita y radicando on la Corte par oscrito sus defensas de, y objocclonos a, [as domandas presentadas aqui on contra suya. So le advierte de quo si usted fella de tomar accion coma se describe anteriormonto, el csso puede proceder sin usted y un fallo por cualquier suma do dinero reclamada on Is demanda o cualquier otre roclamacion o remedic solichado por el demandante puede sor diatodo on contra suya par la Corte sin mas aviso adicional'. Usted- puede perder dinero o propiedad u otroe derechos importantes pare usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE, SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO, SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION •SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN, CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 232-7636 600'd 190# 60:L( 90V80/11 9906"IL:WO)i h1-1'7n5VD IVNOIS3JOdd 6VGLL660TS 0T:LT 90OZ/80/TT Q3AI303d 6T/V0 39dd Arid sv:) -1VN0IS3d0dd 6V5LLE60T9 LO:TT 90OZ/60/TT 1. Plaintiff EUGENE L. KEATH is an adult individual resfding at 201 Denison Drive, Dauphin, Dauphin County. Pennsylvania 17018, and is the surviving spouse of ELIZABETH A. KEATH, deceased. 2. At the time of the events which are the subject of the instant lawsuit, EUGENE L. KEATH and ELIZABETH A. KEATH were husband and wife and resided together at 321 Dennison Drive, Dauphin, Dauphin County, Pennsylvania 17018. 3. - ELIZABETH A. KEATH did not bring any action during her lifetime, nor has any other action for her death been commenced against the Defendants herein. 4. EUGENE L. KEATH was duly qualified as Administrator of the Estate of ELIZABETH A. KEATH pursuant to Letters of Administration issued by the Register of Wills of Dauphin County, Pennsylvania, on May 25, 2006, and as such brings herein an i action for Wrongful Death on behalf of the survivors of ELIZABETH A. KEATH, under and by virtue of 42 Pa. C.S. §8301, Pa. R. Civ. P. 2202, and other pertinent laws, statutes and rules of the Commonwealth of Pennsylvania, and/or the laws of such other jurisdiction as may be found applicable. S. ELIZABETH A. KEATH, a0d 47 at the time of her death,' left sisrviVing her the following persons entitled to recover damages for her death, on whose behalf this action is brought: a.) EUGENE L. KEATH (husband) b.) . JEFFREY E. KEATH (son) 6. EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, also brings a Survival Action on behalf of the Estate of ELIZABETH A, KEATH under and by virtue of 42 Pa. C.S. §8302 and other pertinent laws, statutes and rules of VOO'd t90# 80:L1 900U80/11 990 6LLIL:wO)J ?\1-ivnsvo 77NOI53AMW 0SUCCOT9 OT.LT 90@Z/80/TT MA13036 6T/90 39dd AiivnsvD -1dN0IS3.90ad 6b9LLE60T9 CANT 90K/60/TT the Commonwealth of Pennsylvania, andfor the laws of such other jurisdiction as may be found applicable. 7. The persons entitled to share in the estate are those persons named in Paragraph 5 above. 8. Defendant PINNACLE HEALTH (hereinafter referred to as "PINNACLE"), is a Pennsylvania non-stock, non-profit Pennsylvania Corporation organized and existing within and under the laws of the Commonwealth of Pennsylvania, conducting business regularly within the County of Dauphin, with a registered address at 406 South 2nd Street, P.O. Box 8700, Harrisburg, PA 17101-7800. Plaintiff is asserting a professional liability claim against this Defendant. 9. At all times material herein, Defendant PINNACLE was engaged in operating and maintaining hospitals in Central Pennsylvania, including the Counties of Dauphin and Cumberland, and it held itself out to the public generally, and to Plaintiff EUGENE L. KEATH and Plalntiffs Decedent ELIZABETH A. KEATH specifically, as providing hospitals, physicians and medical facilities skilled in caring for people who need medical care and attention- 10. Def®ndant PINNACLE, owned,. operated and maintained', possessed and Controlled the equipment and facilities as well as the supplies used in said medical care and attention, and further supplied certain personnel and services, such as resident medical staff, anesthesiologists, anesthetists, nurses, pharmacologists and laboratory technicians. 11. Defendant, SCOTT D. MUELLER, M.D., (hereinafter referred to as "MUELLER") is an adult individual duly licensed to practice medicine in the Commonwealth of Pennsylvania and practicing as a physician with professional offices -2- 500'd 1 0# 60:L1 900Z/80/11 995Z1GLLIL:w0AJ A1.1bn5vo n1NOIS3d0bd GV9LLEE@Z9 OT:LT 9007,/80/TT C13AI3036 61/90 39Vd Ai-ivnsvo -IdNOIS3306d GPGLL66019 L0:11 900Z/60/11 located on the Cumberland Campus -- Frederickson Outpatient Center of Defendant PINNACLE at 2025 Technology Parkway, Suite 207, Mechanicsburg, Cumberland County, Pennsylvania 17050. Plaintiff is asserting a professional liability claim against this Defendant. 12. At all material times, Defendant MUELLER, was practicing medicine in the Commonwealth of Pennsylvania and held himself out to the public generally, and to Plaintiff EUGENE L. KEATH and Plaintiff's Decedent ELIZABETH A. KEATH specifically, as being qualified and skilled in the practice of medicine, and in particular the field of Family Medicine, and entered into a physician-patient relationship with Plaintiffs Decedent ELIZABETH A. KEATH. 13. At all material times, Defendant MUELLER, was the agent, ostensible and/or apparent agent, servant, workman and/or employee of Defendant PINNACLE and was and/or was held out to be the agent, ostensible and/or apparent agent, servant, workman and/or employee of Defendant PINNACLE, and was acting within the course of his employment and the scope of his authority. 14. Decedent was examined by Defendant MUELLER, in a follow?up visit on December 22, 2005; her previous visit to Defendant MUELLER had been on September 6, 2005. 15. According to Defendant MUELLER's electronic office notes, Decedent reported the usual pain, but somewhat more fatigued than usual, was grieving for her mother-in-law, who died a few weeks ago, and was experiencing crying episodes and sleeping more than usual. 16. Defendant MUELLER's electronic office notes reflected that Decedent's -3- 900'd 1;0# 90:L1 900Z/80/11 AJ--WSVO -?VN0IS3A08d 6054LEEOI9 0I:LI 900Z/80/II Q3r9I303d 611LO 39dd Alivns10 -IdN0IS330dd 6VGLLE6019 999Z16LLI L: iuoa:1 LO M 90OZ/60/11 current medications included Accupril; Fioricet; Hydrocodone; Ibuprofen; Lasix; Neurontin; Parafon Forte; Prozac; Synthroid; and Wellbutrin; all of those medications had ben prescribed by Defendant MUELLER. 17. Defendant MUELLER, recorded in his electronic office notes the impression that Decedent was well hydrated, well nourished and in no acute distress; was alert and oriented with her judgment, insight and memory intact; her mood was depressed and her speech and language were normal. 18. Defendant MUELLER advised Decedent to continue her present treatment and return for a follow-up in three months; Defendant MUELLER's electronic office notes also indicate that he discussed grief counseling with Decedent. 19. At the time of Decedent's visit on December 22, 2005, her weight was 189.8 pounds, down from 203 pounds on the previous visit; Decedent's blood pressure was 104/60 down from 124172 on the previous visit; and her pulse was 100, up from 84 on the previous visit; neither her temperature nor her respiration rate was checked. 20. Three days later, on December 25, 2005, becedent presented to the Emergency Room of Community General Osteopathic Hospital in Harrisburg, PA complaining of severe neck pain, the Decedent appears in distress and her speech was somewhat slurred. 21. At the time of her presentation in the Emergency Room, Decedent's blood pressure was 78/34, her pulse was 107, respirations 18 and temperature was 97.3. 22. Laboratory studies were ordered, which revealed thick, green urine, anemia, elevated abnormal white blood cell count, decreased sodium, elevated serum creatine phosphokinase, positive urine toxicology, renal failure and acidosis. 4 L00'd ISO# V0=LI 900Z/80/11 995ZI6LLIL:W0):I lU-TtTGVO IVNOIS3306d 6VSLL£6019 0T:L1 900Z/80/TT C13AI303N 6T/80 39Vd Ai-WSdO 1CNOIS3d08d 6VSLL££0T9 L0:TT 900Z/60/11 23. Decedentwes.given an in)ectlon of Narcan (Naloxone.Hydrochlorlde), used to reverse narcotic depression induced by opicids, and became agitated thereafter. 24. The admitting diagnosis was urinary tract Infection, rhabdomyolysis, anemia, hypoglycemia and acute mental status changes. 25. A follow-up chest x-ray showed multiple lobar pneumonia, with a worsening of diffuse pulmonary interstitial and alveolar opacities. 26. An echocardiogram showed ejection fraction of 50%, mitral valve and aortic valve sclerosis, mild trlcuspid insufficiency. 27. Decedent thereafter developed acute renal failure and needed to be placed on a ventilator. 28. Decedent's condition progressively declined and she developed shock, liver and organ failure; her temperature was elevated to 107 degrees. 29. After a long discussion with Decedent's family, Decedent was made level of care four and was pronounced dead at 9:37 a.m. on January 2, 2006. 30. The cause of Decedent's death, according to the discharge summary, was cardiopulmonary arras#; acute renal failure; and sepsis. COUNT ONE EUGENE L. KEATH vs. PINNACLE HEALTH AND SCOTT b, MUELLER, M.D. 31. Plaintiff incorporates by reference all of the averments of all of the preceding paragraphs by reference as fully as though the same were hereinafter set forth at length. 800'd 180# 70:LI 90OZ/80/I1 A.L-1%1SC0 -NN0I53AM1d 6VS4LEE0T9 61/60 3E)Vd Ai-lvnsvO ICNOIS3dOdd 990 6LLI L: ulo)? OT UT 900Z/80/TT UAIM3E 6V9LLE60T9 L0:11 900Z/60/TT 32. The negligence and carelessness of Defendants PINNACLE and MUELLER, individually and/or through their agents, ostensible agents, servants, workmen and/or employees, consisted of failing to conform to the requisite standard of medical care under the circumstances; failing tv exeroise'the degree of care and skill, and/or to possess the degree of knowledge ordinarily exercised or possessed by others in their profession; failing to provide and render reasonable care; oausing harm; and/or increasing the risk of harm, in the following respects: (a) Failing to properly examine, evaluate and treat Decedent on . ' ? December 22, 2005; (b) Failing to recognize Decedent's symptoms and to properly treat same; (c) Failing to realize the severity of Decedent's illness; (d) Failing to order any tests to determine the source or cause of Decedent's symptoms; (e) Failing to consider or make a differential diagnosis and/or falling to ?1 , order tests or take apprbp62W action to confirm or rule'Dut a differential`diagnosis;' (f) Failure to take complete vital signs of the Decedent including temperature and respiratory rate, especially where the Decedent's blood pressure was very low.and much lower than ever before, the heart rate was markedly elevated, and where vital signs were indicative of severe dehydration, sepsis, and hypovolemic shock; (g) Failing to take proper cognizance of the Decedent's mental status change, noted as "sleeping more than usual, fatigue somewhat worse" where such changes in mental status were indicative of cerebral and global hypoperfusion, 6 600'd t80# PO:Lt 9002/80/I1 Ai-WGVl -IiNOIS3908d 6V5LL680T9 01:LT 900Z/90/TT UAIMMI 6T/01 39dd Ai-ivnsvo IdNOIS330Hd 6VSLLE6019 599ZI 6LLI L : wOJ J LO M 90OZ/60/11 dehydration and hypovolemic shock; (h) Failure to take due note of the fact that the multiple medications then prescribed for the Decedent, Including multiple pain and anti-inflammatory medications, nonsteroidal anti-inflammatory drugs (NSAID's), narcoties/opioids and two major antidepressant medlcations, Prozac and Wellbutrin, as well as a muscle relaxant and headache medication, could have side effects resulting in lethargy, masking fever and causing hepatotoxicity/liver damage, mental status changes, renal damage, gastrointestinal bleeding, anemia/hypovolemia, gastritis, as well as numerous other potential signs and symptoms: (1) Failing to closely monitor the Decedent's condition while taking Lasix, a potent loop diuretic, by ordering laboratory tests to assess fluid, acid base and electrolyte balance, especially where there was any change In the Decedent's clinical status; 0) Failing to monitor the Decedent's condition while taking a thyroid medication by ordering a thyroid profile and TSH test In light of the Decedent's clinical presentation and weight loss; (K) Failing to order laboratory testing in light of the toxicity and complexity of the Decedent's medical regimen, the Decedent's altered mental status, the Decedent's abnormal vital signs in order to facilitate a diagnosis of prerenal szotemis, dehydration, sepsis and anemia, and which if timely performed, would have yielded abnormal results in marked contrast to the Decedent's previous laboratory test results and disclosed derangements which if dlagnosed at the time of the Decedent's visit would have been rectifiable and fully reversible: 7 010'd I`?O# 70:L1 900Z/80/1I h1-1VnGVO 71VNOIS330bd GP5LL££0T9 OT;LT 900%/80/TT a3AI3038 6T/TT 3!DVd hl-1vnsvD -laNOIS3dO?ld 6VGLL6£OT9 9996-I6LLIL:wO12 LO:TT 90OZ/60/TT (1) Failing to closely monitor the Decedent for possible overuse of medications and/or self-medication in light of the Decedent's altered sensorium in order to adequately assess the need for referral to mental health professionals and/or pain medicine specialist6; (m) Failing to appreciate that the Decedent's weight continued to decrease over several visits suggested an ominous disease process such as occult cancer, hyperthyroidism, overmedication with thyroid replacement medication and/or dehydration; (n) Failing to administer Narcan stat at the time of the office visit on December 22, 2005 in order to raveme the effects of opioids in the Decedent's system which were- contributing to the Decedent's lethargy and change in sensorium, and ultimately led to dehydration, acute renal failure, rhabdomyolysis, an acute, fulminating, potentially fatal disease of skeletal muscle causing destruction of muscle, and death,- (o) Falling to order laboratory studies which would have revealed thick, green urine, anemia, elevated abnormal white blood cell count, decreased sodium, elevated serum creatine pho$phokinase, positive urine toxicology, renal failure and acidosis, elevated liver functions, all strong indicators of the medical conditions which cause the Decedent's death; (p) Failing to order a chest X-ray which would have demonstrated pneumonia secondary to obtundation/aspiration; (q) Failing to recognize, diagnose and treat properly and expeditiously Decedent's symptoms; (r) Failing to institute proper treatment of Decedent; a 110'd I80# 90:Lt 9002/80/1 t AI-WnSVO -IVNOIS3dObd GP9LL££QT9 OT:LT 90OZ/eO/TT Q3AI303c1 6T/ZT 39Cd Ai-ivnsvo IVNOIS3JO8d 6v9LLEEOT9 999ZIGUIL:wOAJ LO:TT 90OZ/60/TT (s) Failing to properly evaluate and monitor Decedent's condition; (t) Falling to anticipate and prevent the untoward conditions caused by i/ Defendant's improper care and treatment; (u) Violating applicable statutes, laws, ordinances, rules and ? regulations governing health care providers; (v) Failing to follow proper procedures, standards and guidelines v' governing health care providers; and, (w) Failing to refer Decedent to a specialist or to suggest that Decedent be examined by a more quallfled physician. 33. Solely as a result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Decedent experienced extreme pain and suffering. 34. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Decedent died. 35. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH, as well as Decedent's minor child, have suffered financial loss and have incurred general expenses and bills. 36. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Plalntlff EUGENE L. KEATH was caused to make unnecessary expenditures for medical bills. 9 Zt0' d 160# 90:L1 900Z/80/1t Al-mnsvo -ivNois3-czJd 6PSUCEOT9 6T/6T 39dd Aiivnsvo 1dNOIS33021d OT:LT 90©Z/86/TT Q3AIMMI 6VSLL66OT9 999MLL1L:moad LO:TT 90OZ/60/11 37. As a further result of the negligence, carelessness and/or reckless s of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH has lost the right to future maintenance and support. 38. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L, KEATH and Decedent's minor child have lost the ablltty to maintain or sustain a family relationship. 39. As a further result of the negligence, carelessness and/or recklessness of /' Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH and Decedent's minor child have lost such other things of value and have'sustained such other, damages as are properly allowable under Pennsylvania law, Including but not limited to, wages and future wages. 40. As a further result of the negligence, carelessness and/or recklessness of v Defendants PINNACLE and MUELLER, her survivors have suffered pecuniary losses, including medical, funeral, burial and related expenses, including the cost of administration of ELIZABETH A. KEATH's estate 41. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, her survivors have been deprived of her earnings, the value of the contributions from ELIZABETH A. KEATH had she lived, and her support, consortium, aid, comfort,- counsel, association, society and other services. WHEREFORE, Plaintiff EUGENE L. KEATH demands judgment against Defendants PINNACLE HEALTH and SCOTT D. MUELLER, M.D., jointly, severally and individually and by and through their agents, ostensible agents, servants, workmen and/or employees, jointly, severally and/or Individually, in an amount in excess of Fifty 10 M*d 180# SO:Lt 9002/80/I1 nl'Wn5tIO -MN01533Ckld 61/VT 3JCd 6D3LL££0T9 Ai-1v0Sd0 IVNOIS3_ Odd S9SZI6LLCL.UJoa? DT:LT 900Z/80/TT Q3At3038 6PSLLE6019 LOTS 900Z/60/11 Thousand ($50,000,00) Dollars,- together with interest, costs of suit, delay damages, past-verdict interest, attorney's fees and such other and further relief as the Court may find just and appropriate under the circumstances. COUNT TWO EUGENE L. KEATH vs. PINNACLE HEALTHAND SCOTT D_ MUELLER, M.D. WRONGFUL DEATH ACTION 42. Plaintiff incorporates by reference all of the averments of all of the preceding paragraphs by reference as fully as though the same were hereinafter set forth at length 43. Due to the conduct or failure to act on the part of Defendants PINNACLE and MUELLER, as aforesaid, Plaintiff's Decedent has left the following individuals entitled to recovery for her death: EUGENE L. KEATH (husband); JEFFREY E. KEATH (son) 44. Said individuals, by reason of the death of Plaintiffs Decedent, have suffered fiduclary loss and other expenses of administration of the Estate. 45. The surviving spouse, Plaintiff EUGENE L. KEATH, has suffered loss of Decedent's society, comfort and consortium. 49, The surviving child has suffered loss of Decedent's companionship, comfort, society, guidance, tutelage.and moral upbringing. 47. ELIZABETH A. KEATH did not bring any action during her lifetime, nor has any other action for her death been commenced against the Defendants herein. 11 6T/ST VIO'd 180# 90:LI 9002/80/tI .!1-1an7,dD -ar0I53Ao?ld 6tsLLEE019 3Jdd Ai-ivnsvD -1dN0IS3d08d OT:CT 9007,/62/TT CDAIMMI 6V9LL6E0T9 999 113ul L: UJ0aJ t Fes, LO:TT 900Z/60/TT 48. Plaintiff EUGENE L. KEATH, having been duly qualified as Administrator of the Estate of ELIZABETH A. KEATH, pursuant to Letters of Administration issued by the Register of Wills of Dauphin County, Pennsylvania, on May 25, 2005, therefore brings this action for Wrongful Death against Defendants PINNACLE and MUELLER on behalf of the survivors of ELIZABETH A. KEATH, under and by virtue of 42 Pa. C.S. §8301, Pa. R. Civ. P. 2202, and other pertinent laws, statutes and rules of the Commonwealth of Pennsylvania, and/or the laws of such other jurisdiction as may be found applicable. 49. Plaintiff EUGENE L. KEATH Is entitled to recover, in addition to other damages, amounts for reasonable hospital, nursing, medical and funeral expenses, and expenses of administration necessitated by reason of the conduct and/or omissions to act of Defendants PINNACLE and MUELLER causing death or increasing the risk of harm. WHEREFORE, plaintiff EUGENE L. KEATH demands judgment against Defendants PINNACLE HEALTH and SCOTT D. MUELLER, M,D., jointly, severally and individually and by and through their gents, o?stensible_agents, servants, workman__ and/or employees, jointly, severally anQ/or individually, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs of suit, delay damages, post-verdict interest, attorney's fees and such other and further relief as the Court may find just and appropriate under the circumstances. 12 9I0'd 1E1 90:LI 9XZ/80/11 599MLLIL-wO-'J Al_Vr1SG0 -1t 10IS3X8d 6V94LEE0T9 OT:LT 90U/80/TT a3nI3o3d 61/91 39Vd Ai-ly svz) _1dN0IS3d0Nd 6b5LLEEOT9 LO:TT 90OZ/60/TT COUNT THREE EUGENE L. KEATH ve. PINNACLE HEALTH AND SCOTT D. MUELLER, M.D. SURVIVAL ACTION 50. Plaintiff incorporates by reference all of the averments of all of the preceding paragraphs by reference as fully as though the same were hereinafter set forth at length. 51. On behalf of the Estate of ELIZABETH A. KEATH, Deceased, Plalntiff claims damages for the conscious pain and suffering undergone by ELIZABETH A. KEATH; for ELIZABETH A. KEATH's total estimated future earning power and capacity less her estimated cost of personal maintenance; for ELIZABETH A. KEATH's loss of retirement and Social Security income and fringe benefits; and for ELIZABETH A. KEATH's other financial losses suffered as a result of her death. WHEREFORE, Plaintiff EUGENE L. KEATH demands judgment against Defendants PINNACLE HEALTH and SCOTT D. MUELLER, M.D., jointly, severally and individually end by and through their agents, ostensible agent9, servants, workmen acrd/or employees, jointly, severally and/or individually, in an amount iri excess of Fifty Thousand ($50,000.00) dollars, together with interest, costs of suit, delay damages, post-verdict interest, attomey's fees and such other and further relief as the Court may find just and appropriate under the circumstances. Respectfully submitted, FEDER & ASSOCIATES, LLC By: .r ED M ,-ESQUIRE Attorney for P intiff Eugene L. Keath z 'r 13 910'd TM# 90:L1 9002/80/11 AJ-)V lSVD -tNOIS3308d 595ZI6LLIL:(U0J J 6bSLLE6@T9 OI:LT 900Z/9@/TT C3AI3036 6T/LT 39Vd Ai1vnsvD -1CN0IS3308d 6PSLLEEOT9 LO:TT 90OZ/60/11 VERIFICATION I, Eugene L. Keath. Individually and as Administrator of the Estate of Elizabeth A. Keath, hereby verify that the statements made in the foregoing Pleading are true and correct to the beat of my knowledge, information and belief. I understand that the statements in the said Pleading are made subject to the penalties of 18 Pa.C.S.'§4904 relating to unsworn falsification to authorities. DATE: October 23, 2008 L IS GENE L. IKEA?ffi Ll0'd IE0# 90:LI 900Z/80/II Al'1dnsvo -IVNOIS3d08d 6VGLLU019 01:C1 900?/80/TT 03A130RI 6T/8T 3JCd Ai-lVnSt10 -IdN0IS3d0ad 6V9LLE60T9 999i6LLILX) LO.:TT 90OZ/60/TT FEDER' & ASSOCIATES LLC BY: FRED M. FEDER, ESQUIRE ATTORNEY I.D, NO: 25709 1701 Mt. Pleasant Road Villanova, PA 19085 (215) 735-7900 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAMIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION EUGENE L. KEATH, as Administrator : of the Estate of ELIZABETH A. KEATH, ; deceased, and in his own right Plaintiff V.'. n N ?t NO.: ??la-lo350 ?: ° PINNACLE HEALTH -' -? and • r ? ? L 1• ti SCOTT 0. MUELLER M.D. : , Defendants Certifioateof Merit as to Defendant Pinnacle Health 1, Fred M. Feder, Esquire, certify that the claim that this Defendant deviated from an acceptable professional standard Is based solely on allegations that other licensed professionals for whom this Defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the underslghed that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that Is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. Date: October 31, 2006' .rte F ED M. FEDER SQUIRE Attorney for Pia tiff 610'd 160# 90:Li 900Z/80/11 S19SZ16LL1L:xJJ Ai-wnsvo -vNcas33"d 6b5LLEE0T9 OT;LT 900Z/60/1T UAI303N TR/TR 3gtid Al-iCnsvo -1VN0IS3d08d 6dSLL6E0T9 60:TT 900Z/60/TT FEDER & ASSOCIATES LLC BY: FRED M. FEDER, ESQUIRE ATTORNEY I.D. NO, 25709 1701 Mt. Pleasant Road Villanove, PA 10085 (215) 735-7900 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL. PROFESSIONAL LIABILITY ACTION EUGENE L. KEATH, as Administrator of the Estate of EL17ASETH A. KEATH, deceased, and in his own right Plaintiff Va. PINNACLE HEALTH ,.S60 N4.: 0!0 -( N and SCOTT D. MUEI.LER, M.D. ?1 m Defendants Certificate of Merit as to Defendant Scott D. Mueller, M. K I, Fred M. Feder, Esquire, certify that an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this Defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. Date: October 31, 2006 M. FEDE , E ?v for PI ntiff 910'd 180# 901LI 90OZ/80/11 Ai-iv svo -VN0IS390bd SVSLL££019 OT:LT 900Z/60/TT (13A130MA C.T Ir,T -*)dd Ai-ivnsvo -IVNOIS3JON8 6VSLLE6019 595Z[GLLIL:Wad LO:TT 900Z/60/TT CERTIFICATE OF SERVICE rue and correct copy of the foregoing document was served I HEREBY CERTIFY that a t ' upon counsel of record this 011 day of November, 2006, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Fred M. Feder, Esquire Feder & Associates, LLC 1701 Mt. Pleasant Road Villanova, PA 19085 (Counsel for Plaintiffi Pinnacle Health 409 South 2°a Street P.O. Box 8700 Harrisburg, PA 17101-7800 FOULKROD ELLIS PROFESSIONAL CORPORATION By: Cheryl GaC , Legal ecret C ` ? -rf . tip r ? C? Cf3f --p? CX) MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 General Telephone: [717] 975-8114 Direct Dial: p17] 760-7500 Fax: [717] 975-8124 E-Mail: mbadowski@margolisedelstein.com Attorney for Defendants PINNACLE HEALTH HOSPITALS Ud/b/a PINNACLE HEALTH AT HARRISBURG HOSPITAL EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and in his own right, Plaintiff vs. PINNACLE HEALTH and SCOTT D. MUELLER, M.D., Defendants NO. 06-6350 JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT. PINNACLE HEALTH. TO PLAINTIFF'S COMPLAINT - PA.R.C.P. NO. 1028 1. Plaintiff filed his Complaint in the above-captioned action on or about October 31, 2006. A copy of the Complaint was served upon Defendant, Pinnacle Health ("Pinnacle") on or about November 8, 2006. A copy of Plaintiffs Complaint is attached hereto, incorporated herein by reference and marked as Exhibit A. 2. Plaintiff, individually and in his representative capacity as the administrator of the estate of Elizabeth A. Keath ("Decedent") contends that Pinnacle, as alleged in Plaintiff's Certificate of Merit, is vicariously liable for the alleged negligence of co-Defendent, Scott D. Mueller, M.D. ("Dr. Mueller"). Pa.R.C.P. No 1028(a)(2) provides that: (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (2) failure of a pleading to conform to law or rule of court ... (4) legal insufficiency of a pleading (demurrer). A. PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER - PA. R.C.P. NO 1028 (a)(4) OR. IN THE ALTERNATIVE. A MOTION TO STRIKE - PA. R.C.P. NO. 1028 (a)(2) 3. The averments contained in paragraphs 1 through 2 hereof are incorporated herein by reference as is set forth in their entirety. 4. In each prayer for relief, Plaintiff claims inter alia damages in an amount in excess of $50,000 and attorney's fees. 5. Pennsylvania law is well-settled that absent an express statutory provision or agreement between the parties, attorney's fees are not recoverable in a tort action. Merlin v. Delaware County, 556 Pa. 422, 728 A.2d 949 (1999); Corace v. Balint, 418 Pa. 262, 210 A.2d 882 (1965). 6. Plaintiff alleges no applicable statutory provision, agreement between the parties or other proper basis for the award of attorney's fees. Attorney's fees are properly dismissed pursuant to Pa. R.C.P. No. 1028(a)(4) or, in the alternative, properly stricken pursuant to Pa. R.C.P. No. 1028(a)(2) for failure to conform to rule of law. WHEREFORE, Defendant, Pinnacle Health prays this Honorable Court enter an Order dismissing Plaintiff's claims for attorney's fees as contained in the prayers for relief in Counts 1 through 3 of its Complaint pursuant to Pa. R.C.P. No. 1028(a)(4) or, in the alternative, striking said claims pursuant to Pa.R.C.P.No. 1028(a)(2). B. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE- PA.R.C.P. NO. 1028(a)(2) - OR, IN THE ALTERNATIVE. PRELIMINARY OBJECTION REQUIRING PLAINTIFF TO FILE A MORE SPECIFIC COMPLAINT - PA.R.C.P. NO. 1028(al(3) 7. The averments contained in paragraphs 1 through 6 hereof are incorporated herein by reference as is set forth in their entirety. 8. In paragraph 32 Plaintiff alleges that: The negligence and carelessness of Defendants, Pinnacle ... individually and/or through agents, extensible agents, servants, workmen and/or employees, consisted of failing to conform to the requisite standard of medical care under the circumstances; failing to exercise the degree of care and skill, and/or to possess the degree of knowledge ordinarily exercised or possessed by others in their profession; failing to provide and render reasonable care; causing harm; and/or increasing the risk of harm in the following respects. (u) Violating applicable statutes, laws, ordinances, rules and regulations governing health care providers; (v) Failing to follow the proper procedures, standards and guidelines governing health care providers. 9. Plaintiff's Complaint fails to state material facts to support the above quoted general, boilerplate allegations of negligence. 10. If left unchallenged, the above quoted allegations of negligence would permit Plaintiff to file an amended pleading claiming new theories of negligence after the running of the applicable two year statute of limitations. Connor v. Allegheny General Hospital, 501 Pa. 306, 461a.2d 600 (1983). 11. Such general boilerplate allegations of negligence are properly stricken pursuant to Pa.R.C.P. No. 1028(a)(2) for failure to conform to rule of law or, in the alternative, Plaintiff should be required to file an amended pleading specifically setting forth those allegations of negligence he believes are appropriate and removing any boilerplate allegation of negligence. WHEREFORE, Defendant, Pinnacle Health, prays this Honorable Court enter an Order striking paragraph 32 of Plaintiffs Complaint or, in the alternative, requiring Plaintiff to file a more specific pleading pursuant to Pa. R.C.P. No. 1028(a)(3). C. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE- PA.R.C.P. NO. 1028(c)(2) 12. The averments contained in paragraphs 1 through 11 hereof are incorporated herein by reference as is set forth in their entirety. 13. As set forth in paragraph 8 hereof, Plaintiff contends that Pinnacle acted through agents, extensible agents, servants, workmen and/or employees, however, except for Dr. Mueller, which allegations are specifically denied, Plaintiff does not name nor does he attempt in any fashion to name other such individual. 14. Furthermore, Plaintiff makes the similar allegations in each of the three prayers for relief contained in the Complaint. 15. Finally, in paragraph 10 of this Complaint, Plaintiff alleges that Pinnacle; "supplied certain personnel and services, such as resident medical staff, anesthesiologists, anesthetists, nurses, pharmacologists and laboratory technicians." Again, however, he does not name nor does he attempt to name those such individuals. 16. Not only does Plaintiff fail to allege the identity, or otherwise attempt to allege the identity, of any unnamed individual, Plaintiff further makes no effort to allege what each such individual did or failed to do, which act, or failure to act, was negligent. 17. It is believed and, therefore, averred that the foregoing paragraphs of Plaintiff's Complaint fail to conform to law and rules of court. Accordingly, the aforesaid paragraphs of Plaintiffs Complaint are properly stricken pursuant to Pa. R.C.P. No. 1028(a)(2), or in the alternative, Plaintiff should be required to file a more specific pleading pursuant to Pa. R.C.P. No. 1028(a)(3). WHEREFORE, Defendant, Pinnacle Health prays this Honorable Court enter an Order striking paragraphs 10, 32 and the prayers for relief contained in Plaintiff's Complaint for failure to conform to law or rule of court pursuant to Pa. R.C.P. No. 1028(a)(2) or, in the alternative, require Plaintiff to file a more specific pleading identifying, or attempting to identify each such person who he contends was negligent and the specific act or acts of negligence which Plaintiff contends such individual committed pursuant to Pa. R.C.P. No. 1028(a)(3). D. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE- PA.R.C.P. NO. 1028(a)(2) 18. The averments contained in paragraphs 1 through 17 hereof are incorporated herein by reference as is set forth in their entirety. 19. In paragraphs 33 through 41 of his Complaint, Plaintiffs allege that Pinnacle was not only negligent and careless, but also alleges "recklessness." 20. Although Plaintiff makes no specific claims for punitive damages, if the allegations of "recklessness" against Pinnacle are permitted to remain, Plaintiff can easily amend his Complaint to include a claim for punitive damages. 21. Punitive damages in Pennsylvania may only be awarded in cases where the defendant's conduct is egregious, outrageous, wanton, willful or performed with evil motive. Negligent or even grossly negligent conduct on the part of defendants will not support a claim for punitive damages. 22. The facts as pleaded in the Complaint fail to support an allegation that Pinnacle acted with "recklessness." WHEREFORE, Defendant, Pinnacle Health, prays this Honorable Court enter an Order striking the word recklessness from paragraphs 33 through 41 of Plaintiff's Complaint pursuant to Pa.R.C.P. No. 1028(a)(2). Date: II ?] ou MARGOLl STEIN By: Z, Mi ael ad ski, Esquire Attorney for Defendant Pinnacle Health Hospital CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel/parties of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first class postage prepaid, on the day of 2006, and addressed as follows: Fred M. Feder, Esquire 1701 Mt. Pleasant Road Villanova, PA 19085 Leigh A.J. Ellis, Esquire Foulkrod Ellis 2010 Market Street Camp Hill, PA 17011 MARGOLIS EDELSTEIN Angela (K4. Gayman (,?:- )J% , ?J-? A NOV 0 8 N c 1 FEDER & ASSOCIATES LLC = -, BY: FRED M. FEDER, ESQUIRE ATTORNEY I.D. NO: 25709 y " 1701 Mt. Pleasant Road 77 Villanova, PA 19085 (215) 735-7900 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILIW ACTION EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and in his own right 201 Denison Drive Dauphin, PA 17018 JURY TRIAL DEMANDED Plaintiff vs. PINNACLE HEALTH a Pennsylvania Corporation 409 South 2nd Street P.O. Box 8700 Harrisburg, PA 17101-7800 and SCOTT D. MUELLER, M.D. Pinnacle Heafth Cumberland Campus-Fredericksen Outpatient Center 2025 Technology Parkway Suite 207 Mechanicsburg, PA 17050 Defendants NO.: Dfi-10350 TRUE COPS' FROM kEGORC. i TedlmMwhemn E temur4os9myha l'M tib s1 of say ??r? i??CAri1610, Pd. COMPLAINT--CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to i k•d 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 232-7536 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted doses defendeme de las demandas quo se presentan mas adelante on Ise siguientes.paginas, debe tomar action dentro de los proximos veinte (20) dias despues de Is notification de seta Demands V Avsso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando an Is Corte por escrito sus defenses de, y objections a, Ise demandas presentadas aqui en contra suya. Se Is advierte de quo si usted falls de tomar action como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada on Is demands o cualquier otra reciamacion o remedio solicitado por el demandante pueds ser dictado on contra suya por Is Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes pars usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 232-7536 1. Plaintiff EUGENE L. KEATH is an adult individual residing at 201 Denison Drive, Dauphin, Dauphin County, Pennsylvania 17018, and is the surviving spouse of ELIZABETH A. KEATH, deceased. 2. At the time of the events which are the subject of the instant lawsuit, EUGENE L. KEATH and ELIZABETH A. KEATH were husband and wife and resided together at 321 Dennison Drive, Dauphin, Dauphin County, Pennsylvania 17018. 3. ELIZABETH A. KEATH did not bring any action during her lifetime, nor has any other action for her death been commenced against the Defendants herein. 4. EUGENE L, KEATH was duly qualified as Administrator of the Estate of ELIZABETH A. KEATH pursuant to Letters of Administration issued by the Register of Wills of Dauphin County, Pennsylvania, on May 25, 2006, and as such brings herein an action for Wrongful Death on behalf of the survivors of ELIZABETH A. KEATH, under and by virtue of 42 Pa. C.S_ §8301, Pa. R. Civ. P. 2202, and other pertinent laws, statutes and rules of the Commonwealth of Pennsylvania, and/or the laws of such other jurisdiction as may be found applicable. 5. ELIZABETH A. KEATH, age 47 at the time of her death, left surviving her the following persons entitled to recover damages for her death, on whose behalf this action is brought: a.) EUGENE L. KEATH (husband) b.) JEFFREY E. KEATH (son) 6. EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, also brings a Survival Action on behalf of the Estate of ELIZABETH A. KEATH i tr: under and by virtue of 42 Pa. C.S. §8302 and other pertinent laws, statutes and rules of the Commonwealth of Pennsylvania, and/or the laws of such other jurisdiction as may be found applicable, 7. The persons entitled to share in the estate are those persons named in Paragraph 5 above. 8. Defendant PINNACLE HEALTH (hereinafter referred to as "PINNACLE"), is a Pennsylvania non-stock, non-profit Pennsylvania Corporation organized and existing within and under the laws of the Commonwealth of Pennsylvania, conducting business regularly within the County of Dauphin, with a registered address at 409 South 2nd Street, P.O. Box 8700, Harrisburg, PA 17101-7800. Plaintiff is asserting a professional liability claim against this Defendant. 9. At all times material herein, Defendant PINNACLE was engaged in operating and maintaining hospitals in Central Pennsylvania, including the Counties of Dauphin and Cumberland, and it held itself out to the public generally, and to Plaintiff EUGENE L. KEATH and Plaintiff's Decedent ELIZABETH A. KEATH specifically, as providing hospitals, physicians and medical facilities skilled in caring for people who need medical care and attention. 10. Defendant PINNACLE, owned, operated and maintained, possessed and controlled the equipment and facilities as well as the supplies used in said medical care and attention, and further supplied certain personnel and services, such as resident medical staff, anesthesiologists, anesthetists, nurses, pharmacologists and laboratory technicians. 11. Defendant, SCOTT D. MUELLER, M.D., (hereinafter referred to as "MUELLER") is an adult individual duly licensed to practice medicine in the Commonwealth of Pennsylvania and practicing as a physician with professional offices 1; ( -2- located on the Cumberland Campus -- Frederickson Outpatient Center of Defendant PINNACLE at 2025 Technology Parkway, Suite 207, Mechanicsburg, Cumberland County, Pennsylvania 17050. Plaintiff is asserting a professional liability claim against this Defendant. 12. At all material times, Defendant MUELLER, was practicing medicine in the Commonwealth of Pennsylvania and held himself out to the public generally, and to Plaintiff EUGENE L. KEATH and Plaintiffs Decedent ELIZABETH A. KEATH specifically, as being qualified and skilled in the practice of medicine, and in particular the field of Family Medicine, and entered into a physician-patient relationship with Plaintiffs Decedent ELIZABETH A. KEATH. 13. At all material times, Defendant MUELLER, was the agent, ostensible and/or apparent agent, servant, workman and/or employee of Defendant PINNACLE and was and/or was held out to be the agent, ostensible and/or apparent agent, servant, workman and/or employee of Defendant PINNACLE, and was acting within the course of his employment and the scope of his authority. 14. Decedent was examined by Defendant MUELLER, in a follow-up visit on December 22, 2005; her previous visit to Defendant MUELLER had been on September 6, 2005. 15. According to Defendant MUELLER's electronic office notes, Decedent reported the usual pain, but somewhat more fatigued than usual, was grieving for her mother-in-law, who died a few weeks ago, and was experiencing crying episodes and sleeping more than usual. 16. Defendant MUELLER's electronic office notes reflected that Decedent's I,. Mk -3- current medications included Accupril; Fioricet; Hydrocodone; Ibuprofen; Lasix; Neurontin; Parafon Forte; Prozac; Synthroid; and Wellbutrin; all of those medications had ben prescribed by Defendant MUELLER. 17. Defendant MUELLER, recorded in his electronic office notes the impression that Decedent was well hydrated, well nourished and in no acute distress; was alert and oriented with her judgment, insight and memory intact; her mood was depressed and her speech and language were normal. 18. Defendant MUELLER advised Decedent to continue her present treatment and return for a follow-up in three months; Defendant MUELLER's electronic office notes also indicate that he discussed grief counseling with Decedent. 19. At the time of Decedent's visit on December 22, 2005, her weight was 189.8 pounds, down from 203 pounds on the previous visit; Decedent's blood pressure was 104/60 down from 124172 on the previous visit; and her pulse was 100, up from 84 on the previous visit; neither her temperature nor her respiration rate was checked. 20. Three days later, on December 25, 2005, Decedent presented to the Emergency Room of Community General Osteopathic Hospital in Harrisburg, PA complaining of severe neck pain; the Decedent appears in distress and her speech was somewhat slurred. 21. At the time of her presentation in the Emergency Room, Decedent's blood pressure was 78134, her pulse was 107, respirations 18 and temperature was 97.3. 22. Laboratory studies were ordered, which revealed thick, green urine, anemia, elevated abnormal white blood cell count, decreased sodium, elevated serum creatine phosphokinase, positive urine toxicology, renal failure and acidosis. it 4 23. Decedent was given an injection of Narcan (Naloxone Hydrochloride), used to reverse narcotic depression induced by opioids, and became agitated thereafter. 24. The admitting diagnosis was urinary tract infection, rhabdomyolysis, anemia, hypoglycemia and acute mental status changes. 25, A follow-up chest x-ray showed multiple lobar pneumonia, with a worsening of diffuse pulmonary interstitial and alveolar opacities. 26. An echocardiogram showed ejection fraction of 50%, mitral valve and aortic valve sclerosis, mild tricuspid insufficiency. 27. Decedent thereafter developed acute renal failure and needed to be placed on a ventilator. 28. Decedent's condition progressively declined and she developed shock, liver and organ failure; her temperature was elevated to 107 degrees. 29. After a long discussion with Decedent's family, Decedent was made level of care four and was pronounced dead at 9:37 a.m. on January 2, 2006. 30. The cause of Decedent's death, according to the discharge summary, was cardiopulmonary arrest; acute renal failure; and sepsis. COUNT ONE EUGENE L. KEATH vs. PINNACLE HEALTH AND SCOTT D. MUELLER, M.D. 31. Plaintiff incorporates by reference all of the averments of all of the preceding paragraphs by reference as fully as though the same were hereinafter set forth at length. I r_- 5 32. The negligence and carelessness of Defendants PINNACLE and MUELLER, individually and/or through their agents, ostensible agents, servants, workmen and/or employees, consisted of failing to conform to the requisite standard of medical care under the circumstances; failing to exercise the degree of care and skill, and/or to possess the degree of knowledge ordinarily exercised or possessed by others in their profession; failing to provide and render reasonable care; causing harm; and/or increasing the risk of harm, in the following respects: i (a) Failing to properly examine, evaluate and treat Decedent on December 22, 20051- (b) Failing to recognize Decedent's symptoms and to properly treat same: (c) Failing to realize the severity of Decedent's illness; (d) Failing to order any tests to determine the source or cause of Decedent's symptoms; (e) Failing to consider or make a differential diagnosis and/or failing to order tests or take appropriate action to confirm or rule out a differential diagnosis; (f) Failure to take complete vital signs of the Decedent including temperature and respiratory rate, especially where the Decedent's blood pressure was very low and much lower than ever before, the heart rate was markedly elevated, and where vital signs were indicative of severe dehydration, sepsis, and hypovolemic shock; (g) Failing to take proper cognizance of the Decedent's mental status change, noted as "sleeping more than usual, fatigue somewhat worse" where such changes in mental status were indicative of cerebral and global hypoperfusion, wr 6 dehydration and hypovolemic shock; (h) Failure to take due note of the fact that the multiple medications then prescribed for the Decedent, including multiple pain and anti-inflammatory medications, nonsteroidal anti-inflammatory drugs (NSAID's), narcotics/opioids and two major antidepressant medications, Prozac and Welibutrin, as well as a muscle relaxant and headache medication, could have side effects resulting in lethargy, masking fever and causing hepatotoxicity/liver damage, mental status changes, renal damage, gastrointestinal bleeding, anemia/hypovolemia, gastritis, as well as numerous other potential signs and symptoms; (1) Failing to closely monitor the Decedent's condition while taking Lasix, a potent loop diuretic, by ordering laboratory tests to assess fluid, acid base and electrolyte balance, especially where there was any change in the Decedent's clinical status; (j) Failing to monitor the Decedent's condition while taking a thyroid medication by ordering a thyroid profile and TSH test in light of the Decedent's clinical presentation and weight loss; (k) Failing to order laboratory testing in light of the toxicity and complexity of the Decedent's medical regimen, the Decedent's altered mental status, the Decedent's abnormal vital signs in order to facilitate a diagnosis of prerenal azotemia, dehydration, sepsis and anemia, and which if timely performed, would have yielded abnormal results in marked contrast to the Decedent's previous laboratory test results and disclosed derangements which if diagnosed at the time of the Decedent's visit would have been rectifiable and fully reversible; I ?. 7 (1) Failing to closely monitor the Decedent for possible overuse of medications and/or self-medication in light of the Decedent's altered sensorium in order to adequately assess the need for referral to mental health professionals and/or pain medicine specialists; (m) Failing to appreciate that the Decedent's weight continued to decrease over several visits suggested an ominous disease process such as occult cancer, hyperthyroidism, overmedication with thyroid replacement medication and/or dehydration; (n) Failing to administer Marcan stat at the time of the office visit on December 22, 2005 in order to reverse the effects of opioids in the Decedent's system which were contributing to the Decedent's lethargy and change in sensorium, and ultimately led to dehydration, acute renal failure, rhabdomyolysis, an acute, fulminating, potentially fatal disease of skeletal muscle causing destruction of muscle, and death; (o) Failing to order laboratory studies which would have revealed thick, green urine, anemia, elevated abnormal white blood cell count, decreased sodium. elevated serum creative phosphokinase, positive urine toxicology, renal failure and acidosis, elevated liver functions, all strong indicators of the medical conditions which cause the Decedent's death; (p) Failing to order a chest X-ray which would have demonstrated pneumonia secondary to obtundation/aspiration: (q) Failing to recognize, diagnose and treat properly and expeditiously Decedent's symptoms; (r) Failing to institute proper treatment of Decedent; lk? 8 (s) Failing to property evaluate and monitor Decedent's condition; (t) Failing to anticipate and prevent the untoward conditions caused by Defendant's improper care and treatment; (u) Violating applicable statutes, laws, ordinances, rules and regulations governing health care providers; (v) Failing to follow proper procedures, standards and guidelines governing health care providers; and, (w) Failing to refer Decedent to a specialist or to suggest that Decedent be examined by a more qualified physician. 33. Solely as a result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Decedent experienced extreme pain and suffering. 34. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Decedent died. 35. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH, as well as Decedent's minor child, have suffered financial loss and have incurred general expenses and bills. 36. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH was caused to make unnecessary expenditures for medical bills. 9 37. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH has lost the right to future maintenance and support. 38. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH and Decedent's minor child have lost the ability to maintain or sustain a family relationship. 39. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH and Decedent's minor child have lost such other things of value and have sustained such other damages as are property allowable under Pennsylvania law, including but not limited to, wages and future wages. 40. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, her survivors have suffered pecuniary losses, including medical, funeral, burial and related expenses, including the cost of administration of ELIZABETH A. KEATH's estate. 41. As a further result of the negligence, carelessness and/or recklessness of Defendants PINNACLE and MUELLER, her survivors have been deprived of her earnings, the value of the contributions from ELIZABETH A. KEATH had she lived, and her support, consortium, aid, comfort, counsel, association, society and other services. WHEREFORE, Plaintiff EUGENE L. KEATH demands judgment against Defendants PINNACLE HEALTH and SCOTT D. MUELLER, M.D., jointly, severally and individually and by and through their agents, ostensible agents, servants, workmen and/or employees, jointly, severally and/or individually, in an amount in excess of Fifty ,1,;: 10 Thousand ($50,000.00) Dollars, together with interest, costs of suit, delay damages, post-verdict interest, attorney's fees and such other and further relief as the Court may find just and appropriate under the circumstances. COUNT TWO EUGENE L. KEATH vs. PINNACLE HEALTHAND SCOTT D. MUELLER, M.D. WRONGFUL DEATH ACTION 42. Plaintiff incorporates by reference all of the averments of all of the preceding paragraphs by reference as fully as though the same were hereinafter set forth at length. 43. Due to the conduct or failure to act on the part of Defendants PINNACLE and MUELLER, as aforesaid, Plaintiff's Decedent has left the following individuals entitled to recovery for her death: EUGENE L. KEATH (husband); JEFFREY E. KEATH (son) 44. Said individuals, by reason of the death of Plaintiff's Decedent, have suffered fiduciary loss and other expenses of administration of the Estate. 45. The surviving spouse, Plaintiff EUGENE L. KEATH, has suffered loss of Decedent's society, comfort and consortium. 46. The surviving child has suffered loss of Decedent's companionship, comfort, society, guidance, tutelage and moral upbringing. 47. ELIZABETH A. KEATH did not bring any action during her lifetime, nor has any other action for her death been commenced against the Defendants herein. #a ,-.t 11 48. Plaintiff EUGENE L. KEATH, having been duly qualified as Administrator of the Estate of ELIZABETH A. KEATH, pursuant to Letters of Administration issued by the Register of Wills of Dauphin County, Pennsylvania, on May 25, 2006, therefore brings this action for Wrongful Death against Defendants PINNACLE and MUELLER on behalf of the survivors of ELIZABETH A. KEATH, under and by virtue of 42 Pa. C.S. §8301, Pa. R. Civ. P, 2202, and other pertinent laws, statutes and rules of the Commonwealth of Pennsylvania, and/or the laws of such other jurisdiction as may be found applicable. 49. Plaintiff EUGENE L. KEATH is entitled to recover, in addition to other damages, amounts for reasonable hospital, nursing, medical and funeral expenses, and expenses of administration necessitated by reason of the conduct and/or omissions to act of Defendants PINNACLE and MUELLER causing death or increasing the risk of harm. WHEREFORE, plaintiff EUGENE L. KEATH demands judgment against Defendants PINNACLE HEALTH and SCOTT D. MUELLER, M.D., jointly, severally and individually and by and through their agents, ostensible agents, servants, workmen and/or employees, jointly, severally and/or individually, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs of suit, delay damages, post-verdict interest, attorney's fees and such other and further relief as the Court may find just and appropriate under the circumstances. N. 12 COUNT THREE EUGENE L. KEATH vs. PINNACLE HEALTH AND SCOTT D. MUELLER, M.D. SURVIVAL ACTION 50. Plaintiff incorporates by reference all of the averments of all of the preceding paragraphs by reference as fully as though the same were hereinafter set forth at length. 51. On behalf of the Estate of ELIZABETH A. KEATH, Deceased, Plaintiff claims damages for the conscious pain and suffering undergone by ELIZABETH A. KEATH; for ELIZABETH A. KEATH's total estimated future earning power and capacity less her estimated cost of personal maintenance; for ELIZABETH A. KEATH's loss of retirement and Social Security income and fringe benefits; and for ELIZABETH A. KEATH's other financial losses suffered as a result of her death. WHEREFORE, Plaintiff EUGENE L. KEATH demands judgment against Defendants PINNACLE HEALTH and SCOTT D. MUELLER, M.D., jointly, severally and individually and by and through their agents, ostensible agents, servants, workmen and/or employees, jointly, severally and/or individually, in an amount in excess of Fifty Thousand ($50,000.OD) Dollars, together with interest, costs of suit, delay damages, post-verdict interest, attorney's fees and such other and further relief as the Court may find just and appropriate under the circumstances. Respectfully submitted, FEDER & ASSOCIATES, LLC BY: -? ,KRED M. ESQUIRE Attorney for P intiff Eugene L. Keath 13 VERIFICATION I, Eugene L. Keath; Individually and as Administrator of the Estate of V Elizabeth A. Keath, hereby verify that the statements made in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements in the said Pleading are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: October 23, 2006 L"L EUG E L. KE FEDER & ASSOCIATES LLC BY: FRED M. FEDER, ESQUIRE ATTORNEY I.D. NO: 25709 1701 Mt. Pleasant Road Villanova, PA 19085 (215) 735-7900 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and in his own right Plaintiff vs. NO.: -(, 35p c, N PINNACLE HEALTH 7- z and '_ G) _ry iT SCOTT D. MUELLER, M.D. -? Defendants -` ; Certificate of Merit as to Defendant Pinnacle Health U I, Fred M. Feder, Esquire, certify that the claim that this Defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this Defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. Date: October 31, 2006 F ED M. FEDER SQUIRE Attorney for Pla' tiff 6 f FEDER & ASSOCIATES LLC BY: FRED M. FEDER, ESQUIRE ATTORNEY I.D. NO: 25709 1701 Mt. Pleasant Road Villanova, PA 99085 (215) 735-7900 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and in his own right Plaintiff vs. PINNACLE HEALTH NO. 0&-'("650 c and SCOTT D, MUELLER, M.D. `Y' vl Defendants Certificate of Merit as to Defendant Scott D Mueller M.D. cn -{ 1, Fred M. Feder, Esquire, certify that an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this Defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. Date: October 39, 2006 llA - F ED M. FEDE ,ESQUIRE ttorney for PI Wrff i l r-3 C) FEDER & ASSOCIATES LLC BY: FRED M. FEDER, ESQUIRE ATTORNEY I.D. NO: 25709 1701 Mt. Pleasant Road Villanova, PA 19085 (215) 735-7900 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and in his own right 201 Denison Drive Dauphin, PA 17018 Plaintiff vs. PINNACLE HEALTH a Pennsylvania Corporation 409 South 2nd Street P.O. Box 8700 Harrisburg, PA 17101-7800 and SCOTT D. MUELLER, M.D. Pinnacle Health Cumberland Campus-Fredericksen Outpatient Center 2025 Technology Parkway Suite 207 Mechanicsburg, PA 17050 Defendants JURY TRIAL DEMANDED NO.: 06-6350 FIRST AMENDED COMPLAINT - CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 232-7536 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones 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 fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 232-7536 I . Plaintiff EUGENE L. KEATH is an adult individual residing at 201 Denison Drive, Dauphin, Dauphin County, Pennsylvania 17018, and is the surviving spouse of ELIZABETH A. KEATH, deceased. 2. At the time of the events which are the subject of the instant lawsuit, EUGENE L. KEATH and ELIZABETH A. KEATH were husband and wife and resided together at 321 Dennison Drive, Dauphin, Dauphin County, Pennsylvania 17018. 3. ELIZABETH A. KEATH did not bring any action during her lifetime, nor has any other action for her death been commenced against the Defendants herein. 4. EUGENE L. KEATH was duly qualified as Administrator of the Estate of ELIZABETH A. KEATH pursuant to Letters of Administration issued by the Register of Wills of Dauphin County, Pennsylvania, on May 25, 2006, and as such brings herein an action for Wrongful Death on behalf of the survivors of ELIZABETH A. KEATH, under and by virtue of 42 Pa. C.S. §8301, Pa. R. Civ. P. 2202, and other pertinent laws, statutes and rules of the Commonwealth of Pennsylvania, and/or the laws of such other jurisdiction as may be found applicable. 5. ELIZABETH A. KEATH, age 47 at the time of her death, left surviving her the following persons entitled to recover damages for her death, on whose behalf this action is brought: a.) EUGENE L. KEATH (husband) b.) JEFFREY E. KEATH (son) 6. EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, also brings a Survival Action on behalf of the Estate of ELIZABETH A. KEATH under and by virtue of 42 Pa. C.S. §8302 and other pertinent laws, statutes and rules of the Commonwealth of Pennsylvania, and/or the laws of such other jurisdiction as may be found applicable. 7. The persons entitled to share in the estate are those persons named in Paragraph 5 above. 8. Defendant PINNACLE HEALTH (hereinafter referred to as "PINNACLE"), is a Pennsylvania non-stock, non-profit Pennsylvania Corporation organized and existing within and under the laws of the Commonwealth of Pennsylvania, conducting business regularly within the County of Dauphin, with a registered address at 409 South 2nd Street, P.O. Box 8700, Harrisburg, PA 17101-7800. Plaintiff is asserting a professional liability claim against this Defendant. 9. At all times material herein, Defendant PINNACLE was engaged in operating and maintaining hospitals in Central Pennsylvania, including the Counties of Dauphin and Cumberland, and it held itself out to the public generally, and to Plaintiff EUGENE L. KEATH and Plaintiff's Decedent ELIZABETH A. KEATH specifically, as providing hospitals, physicians and medical facilities skilled in caring for people who need medical care and attention. 10. Defendant PINNACLE, owned, operated and maintained, possessed and controlled the equipment and facilities as well as the supplies used in said medical care and attention, and further supplied certain personnel and services, such as resident medical staff, anesthesiologists, anesthetists, nurses, pharmacologists and laboratory technicians. 11. Defendant, SCOTT D. MUELLER, M.D., (hereinafter referred to as "MUELLER") is an adult individual duly licensed to practice medicine in the Commonwealth of Pennsylvania and practicing as a physician with professional offices -2- located on the Cumberland Campus -- Frederickson Outpatient Center of Defendant PINNACLE at 2025 Technology Parkway, Suite 207, Mechanicsburg, Cumberland County, Pennsylvania 17050. Plaintiff is asserting a professional liability claim against this Defendant. 12. At all material times, Defendant MUELLER, was practicing medicine in the Commonwealth of Pennsylvania and held himself out to the public generally, and to Plaintiff EUGENE L. KEATH and Plaintiff's Decedent ELIZABETH A. KEATH specifically, as being qualified and skilled in the practice of medicine, and in particular the field of Family Medicine, and entered into a physician-patient relationship with Plaintiff's Decedent ELIZABETH A. KEATH. 13. At all material times, Defendant MUELLER, was the agent, ostensible and/or apparent agent, servant, workman and/or employee of Defendant PINNACLE and was and/or was held out to be the agent, ostensible and/or apparent agent, servant, workman and/or employee of Defendant PINNACLE, and was acting within the course of his employment and the scope of his authority. 14. Decedent was examined by Defendant MUELLER, in a follow-up visit on December 22, 2005; her previous visit to Defendant MUELLER had been on September 6, 2005. 15. According to Defendant MUELLER's electronic office notes, Decedent reported the usual pain, but somewhat more fatigued than usual, was grieving for her mother-in-law, who died a few weeks ago, and was experiencing crying episodes and sleeping more than usual. 16. Defendant MUELLER's electronic office notes reflected that Decedent's -3- current medications included Accupril; Fioricet; Hydrocodone; Ibuprofen; Lasix; Neurontin; Parafon Forte; Prozac; Synthroid; and Wellbutrin; all of those medications had ben prescribed by Defendant MUELLER. 17. Defendant MUELLER, recorded in his electronic office notes the impression that Decedent was well hydrated, well nourished and in no acute distress; was alert and oriented with her judgment, insight and memory intact; her mood was depressed and her speech and language were normal. 18. Defendant MUELLER advised Decedent to continue her present treatment and return for a follow-up in three months; Defendant MUELLER's electronic office notes also indicate that he discussed grief counseling with Decedent. 19. At the time of Decedent's visit on December 22, 2005, her weight was 189.8 pounds, down from 203 pounds on the previous visit; Decedent's blood pressure was 104/60 down from 124/72 on the previous visit; and her pulse was 100, up from 84 on the previous visit; neither her temperature nor her respiration rate was checked. 20. Three days later, on December 25, 2005, Decedent presented to the Emergency Room of Community General Osteopathic Hospital in Harrisburg, PA complaining of severe neck pain; the Decedent appears in distress and her speech was somewhat slurred. 21. At the time of her presentation in the Emergency Room, Decedent's blood pressure was 78/34, her pulse was 107, respirations 18 and temperature was 97.3. 22. Laboratory studies were ordered, which revealed thick, green urine, anemia, elevated abnormal white blood cell count, decreased sodium, elevated serum creatine phosphokinase, positive urine toxicology, renal failure and acidosis. -4- 23. Decedent was given an injection of Narcan (Naloxone Hydrochloride), used to reverse narcotic depression induced by opioids, and became agitated thereafter. 24. The admitting diagnosis was urinary tract infection, rhabdomyolysis, anemia, hypoglycemia and acute mental status changes. 25. A follow-up chest x-ray showed multiple lobar pneumonia, with a worsening of diffuse pulmonary interstitial and alveolar opacities. 26. An echocardiogram showed ejection fraction of 50%, mitral valve and aortic valve sclerosis, mild tricuspid insufficiency. 27. Decedent thereafter developed acute renal failure and needed to be placed on a ventilator. 28. Decedent's condition progressively declined and she developed shock, liver and organ failure; her temperature was elevated to 107 degrees. 29. After a long discussion with Decedent's family, Decedent was made level of care four and was pronounced dead at 9:37 a.m. on January 2, 2006. 30. The cause of Decedent's death, according to the discharge summary, was cardiopulmonary arrest; acute renal failure; and sepsis. COUNT ONE EUGENE L. KEATH vs. PINNACLE HEALTH AND SCOTT D. MUELLER, M.D. 31. Plaintiff incorporates by reference all of the averments of all of the preceding paragraphs by reference as fully as though the same were hereinafter set forth at length. -5- 32. The negligence and carelessness of Defendants PINNACLE and MUELLER, individually and/or through their agents, ostensible agents, servants, workmen and/or employees, consisted of failing to conform to the requisite standard of medical care under the circumstances; failing to exercise the degree of care and skill, and/or to possess the degree of knowledge ordinarily exercised or possessed by others in their profession; failing to provide and render reasonable care; causing harm; and/or increasing the risk of harm, in the following respects: (a) Failing to properly examine, evaluate and treat Decedent on December 22, 2005; (b) Failing to recognize Decedent's symptoms and to properly treat same; (c) Failing to realize the severity of Decedent's illness; (d) Failing to order any tests to determine the source or cause of Decedent's symptoms; (e) Failing to consider or make a differential diagnosis and/or failing to order tests or take appropriate action to confirm or rule out a differential diagnosis; (f) Failure to take complete vital signs of the Decedent including temperature and respiratory rate, especially where the Decedent's blood pressure was very low and much lower than ever before, the heart rate was markedly elevated, and where vital signs were indicative of severe dehydration, sepsis, and hypovolemic shock; (g) Failing to take proper cognizance of the Decedent's mental status change, noted as "sleeping more than usual, fatigue somewhat worse" where such changes in mental status were indicative of cerebral and global hypoperfusion, -6- dehydration and hypovolemic shock; (h) Failure to take due note of the fact that the multiple medications then prescribed for the Decedent, including multiple pain and anti-inflammatory medications, nonsteroidal anti-inflammatory drugs (NSAID's), narcotics/opioids and two major antidepressant medications, Prozac and Wellbutrin, as well as a muscle relaxant and headache medication, could have side effects resulting in lethargy, masking fever and causing hepatotoxicity/liver damage, mental status changes, renal damage, gastrointestinal bleeding, anemia/hypovolemia, gastritis, as well as numerous other potential signs and symptoms; (1) Failing to closely monitor the Decedent's condition while taking Lasix, a potent loop diuretic, by ordering laboratory tests to assess fluid, acid base and electrolyte balance, especially where there was any change in the Decedent's clinical status; Q) Failing to monitor the Decedent's condition while taking a thyroid medication by ordering a thyroid profile and TSH test in light of the Decedent's clinical presentation and weight loss; (k) Failing to order laboratory testing in light of the toxicity and complexity of the Decedent's medical regimen, the Decedent's altered mental status, the Decedent's abnormal vital signs in order to facilitate a diagnosis of prerenal azotemia, dehydration, sepsis and anemia, and which if timely performed, would have yielded abnormal results in marked contrast to the Decedent's previous laboratory test results and disclosed derangements which if diagnosed at the time of the Decedent's visit would have been rectifiable and fully reversible; -7- (I) Failing to closely monitor the Decedent for possible overuse of medications and/or self-medication in light of the Decedent's altered sensorium in order to adequately assess the need for referral to mental health professionals and/or pain medicine specialists; (m) Failing to appreciate that the Decedent's weight continued to decrease over several visits suggested an ominous disease process such as occult cancer, hyperthyroidism, overmedication with thyroid replacement medication and/or dehydration; (n) Failing to administer Narcan stat at the time of the office visit on December 22, 2005 in order to reverse the effects of opioids in the Decedent's system which were contributing to the Decedent's lethargy and change in sensorium, and ultimately led to dehydration, acute renal failure, rhabdomyolysis, an acute, fulminating, potentially fatal disease of skeletal muscle causing destruction of muscle, and death; (o) Failing to order laboratory studies which would have revealed thick, green urine, anemia, elevated abnormal white blood cell count, decreased sodium, elevated serum creatine phosphokinase, positive urine toxicology, renal failure and acidosis, elevated liver functions, all strong indicators of the medical conditions which cause the Decedent's death; (p) Failing to order a chest X-ray which would have demonstrated pneumonia secondary to obtundation/aspiration; (q) Failing to recognize, diagnose and treat properly and expeditiously Decedent's symptoms; (r) Failing to institute proper treatment of Decedent; -8- (s) Failing to properly evaluate and monitor Decedent's condition, and, (t) Failing to refer Decedent to a specialist or to suggest that Decedent be examined by a more qualified physician. 33. Solely as a result of the negligence and/or carelessness of Defendants PINNACLE and MUELLER, Decedent experienced extreme pain and suffering. 34. As a further result of the negligence and/or carelessness of Defendants PINNACLE and MUELLER, Decedent died. 35. As a further result of the negligence and/or carelessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH, as well as Decedent's minor child, have suffered financial loss and have incurred general expenses and bills. 36. As a further result of the negligence and/or carelessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH was caused to make unnecessary expenditures for medical bills. 37. As a further result of the negligence and/or carelessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH has lost the right to future maintenance and support. 38. As a further result of the negligence and/or carelessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH and Decedent's minor child have lost the ability to maintain or sustain a family relationship. 39. As a further result of the negligence and/or carelessness of Defendants PINNACLE and MUELLER, Plaintiff EUGENE L. KEATH and Decedent's minor child have lost such other things of value and have sustained such other damages as are -9- properly allowable under Pennsylvania law, including but not limited to, wages and future wages. 40. As a further result of the negligence and/or carelessness of Defendants PINNACLE and MUELLER, her survivors have suffered pecuniary losses, including medical, funeral, burial and related expenses, including the cost of administration of ELIZABETH A. KEATH's estate. 41. As a further result of the negligence and/or carelessness of Defendants PINNACLE and MUELLER, her survivors have been deprived of her earnings, the value of the contributions from ELIZABETH A. KEATH had she lived, and her support, consortium, aid, comfort, counsel, association, society and other services. WHEREFORE, Plaintiff EUGENE L. KEATH demands judgment against Defendants PINNACLE HEALTH and SCOTT D. MUELLER, M.D., jointly, severally and individually and by and through their agents, ostensible agents, servants, workmen and/or employees, jointly, severally and/or individually, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs of suit, delay damages, post-verdict interest and such other and further relief as the Court may find just and appropriate under the circumstances. COUNT TWO EUGENE L. KEATH vs. PINNACLE HEALTH AND SCOTT D. MUELLER, M.D. WRONGFUL DEATH ACTION 42. Plaintiff incorporates by reference all of the averments of all of the preceding paragraphs by reference as fully as though the same were hereinafter set forth at length. 43. Due to the conduct or failure to act on the part of Defendants PINNACLE -10- and MUELLER, as aforesaid, Plaintiff's Decedent has left the following individuals entitled to recovery for her death: EUGENE L. KEATH (husband); JEFFREY E. KEATH (son) 44. Said individuals, by reason of the death of Plaintiff's Decedent, have suffered fiduciary loss and other expenses of administration of the Estate. 45. The surviving spouse, Plaintiff EUGENE L. KEATH, has suffered loss of Decedent's society, comfort and consortium. 46. The surviving child has suffered loss of Decedent's companionship, comfort, society, guidance, tutelage and moral upbringing. 47. ELIZABETH A. KEATH did not bring any action during her lifetime, nor has any other action for her death been commenced against the Defendants herein. 48. Plaintiff EUGENE L. KEATH, having been duly qualified as Administrator of the Estate of ELIZABETH A. KEATH, pursuant to Letters of Administration issued by the Register of Wills of Dauphin County, Pennsylvania, on May 25, 2006, therefore brings this action for Wrongful Death against Defendants PINNACLE and MUELLER on behalf of the survivors of ELIZABETH A. KEATH, under and by virtue of 42 Pa. C.S. §8301, Pa. R. Civ. P. 2202, and other pertinent laws, statutes and rules of the Commonwealth of Pennsylvania, and/or the laws of such other jurisdiction as may be found applicable. 49. Plaintiff EUGENE L. KEATH is entitled to recover, in addition to other damages, amounts for reasonable hospital, nursing, medical and funeral expenses, and expenses of administration necessitated by reason of the conduct and/or omissions to - 11 - act of Defendants PINNACLE and MUELLER causing death or increasing the risk of harm. WHEREFORE, plaintiff EUGENE L. KEATH demands judgment against Defendants PINNACLE HEALTH and SCOTT D. MUELLER, M.D., jointly, severally and individually and by and through their agents, ostensible agents, servants, workmen and/or employees, jointly, severally and/or individually, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs of suit, delay damages, post-verdict interest and such other and further relief as the Court may find just and appropriate under the circumstances. COUNT THREE EUGENE L. KEATH vs. PINNACLE HEALTH AND SCOTT D. MUELLER, M.D. SURVIVAL ACTION 50. Plaintiff incorporates by reference all of the averments of all of the preceding paragraphs by reference as fully as though the same were hereinafter set forth at length. 51. On behalf of the Estate of ELIZABETH A. KEATH, Deceased, Plaintiff claims damages for the conscious pain and suffering undergone by ELIZABETH A. KEATH; for ELIZABETH A. KEATH's total estimated future earning power and capacity less her estimated cost of personal maintenance; for ELIZABETH A. KEATH's loss of retirement and Social Security income and fringe benefits; and for ELIZABETH A. KEATH's other financial losses suffered as a result of her death. WHEREFORE, Plaintiff EUGENE L. KEATH demands judgment against Defendants PINNACLE HEALTH and SCOTT D. MUELLER, M.D., jointly, severally and individually and by and through their agents, ostensible agents, servants, workmen -12- and/or employees, jointly, severally and/or individually, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs of suit, delay damages, post-verdict interest and such other and further relief as the Court may find just and appropriate under the circumstances. Respectfully submitted, FEDER & ASSOCIATES, LLC BY: ED M. FEDE , ESQUIRE orney for PI ntiff Eugene L. Keath -13- VERIFICATION I, Eugene L. Keath, Individually and as Administrator of the Estate of Elizabeth A. Keath, hereby verify that the statements made in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements in the said Pleading are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn -falsification to authorities. DATE: October 23, 2006 Z -?Z'J EUG E L. K TH _ --q1 r SHERIFF'S RETURN - REGULAR CASE NO: 2006-06350 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEATH EUGENE L ET AL VS PINNACLE HEALTH ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MTT''T.T.T?V 4( nTT Tl Mn the DEFENDANT at 1110:00 HOURS, on the 8th day of November 2006 at 2025 TECHNOLOGY PARKWAY SUITE 207 MECHANICSBURG, PA 17050 ANNA MUELLER, MEDICAL SEC by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 of A. D. Service 11.44 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 27.44 ?'-11/12/2006 ?2/6FEDER & ASSOCIATES Sworn and Subscibed to 1 By: before me this day Deputy herlff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-06350 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEATH EUGENE L ET AL VS PINNACLE HEALTH ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 15th , 2006 this office was in receipt of the attached return from DAUPHIN ,r Sheriff's Costs: Sc answ Docketing 18.00 Out of County 9.00 -? Surcharge 10.00 R. Th as Kline Dep Dauphin County 29.25 Sh r' f of Cumberland County Postage 1.26 67 . 51 11/12/2006 FEDER & ASSOCIATES Sworn and subscribe to before me this day of , A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Eugene L. Keath et al vs. Pinnacle Health et al No. 06-6350 civil Now, Novo nber 3, 2006 , I, SHERIFF OF CUNMERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA 20 , at o'clock M. served the .0- (office Of t4le ?hrriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania KEATH EUGENE L ET AL vs County of Dauphin PINNACLE HEALTH Sheriff's Return No. 1792-T - - -2006 OTHER COUNTY NO. 06 6350 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:November 8, 2006 at 1:21PM served the within COMPLAINT upon PINNACLE HEALTH by personally handing A PENNSYLVANIA CORPORATION to PHYLLIS PLANK RISK MGR COORDINATOR 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 409 SOUTH 2ND STREET HARRISBURG, PA 17101-0000 Sworn and subscribed to before me this 9TH day of NOVEMBER, 2006 V NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, ?? e;l* Sheriff of Dauphin County, Pa. Q By Deputy Sheriff Sheriff's Costs:$29.25 PD 11/07/2006 RCPT NO 223301 HUNTER FEDER & ASSOCIATES LLC BY: FRED M. FEDER, ESQUIRE ATTORNEY I.D. NO: 25709 1701 Mt. Pleasant Road Villanova, PA 19085 (215) 735-7900 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and in his own right Plaintiff vs. NO.: 06-6350 PINNACLE HEALTH and SCOTT D. MUELLER, M.D. Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the First Amended Complaint was served upon counsel of record the 14th day of December, 2006, by depositing said copy in the United States mail at Villanova, Pennsylvania, first class postage prepaid, and addressed as follows: Leigh A.J. Ellis, Esquire Foulkrod Ellis 2010 Market Street Camp Hill, PA 17011 Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 FEDER & ASSOCIATES LLC D M. FEDER, ESQUIRE G ?S ".? "^? ? ? irty? ? ?,; ? ?? C7 "' C??' ? -'p 7 -?? ? ?, "'? , w .h FOULKROD ELLIS pz,?e¢ci„rue (??? Leigh A.J. Ellis, Esquire Attorney I.D. #53229 Cindy N. Ellis, Esquire Attorney I.D. #83823 2010 Market Street Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 Attorneys for Defendant: Scott D. Mueller, M.D. EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, Deceased and in his own right, Plaintiff V. PINNACLE HEALTH and SCOTT D. MUELLER, M.D., Defendants IN THE COURT OF COMMON PLEAS Ur CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6350 JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW` PRELIMINARY OBJECTIONS OF SCOTT D. MUELLER, M.D. FROM ARGUMENT LIST TO THE PROTHONOTARY: Kindly withdraw the Preliminary Objections of Defendant, Scott D. Mueller, M.D. from the January 24, 2007 argument list as Plaintiff has filed an Amended Complaint. Respectfully submitted, Date: r FOULKROD ELLIS Professional Corporation By: Cindy )K4. Ellis, Esquire Attorney I.D. No. 83823 i CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was served upon counsel of record this 9th day of January, 2007, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Fred M. Feder, Esquire Feder & Associates, LLC 1701 Mt. Pleasant Road Villanova, PA 19085 Counsel, for Plaintiff Michael Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 FOULKROD ELLIS PROF SIONAL CORPORATION By: Cheryl G )o, Lega ecreta C> ni t1l co ? t`F7 ?r ro 2.43 u ?4 ? 1 _ ? ;•'' ?'i r ??; ? IdA HUULl._, tUtL:> f Ells MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I-D- No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 General Telephone. (7171976-8114 Direct Dial: [717] 760-7500 Fax: [717] 975-8124 C M,{I• mh?.?nw c{rll?marn nllca`Inlt4nln rn.,. EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and in his own right, Plaintiff vs. PINNACLE HEALTH and SCOTT D- MUELLER, M.D., Defendants Attorney for Dafendents PINNACLE HEALTH HOSPITALS dd/b/a PINNACLE HEALTH AT HARRISBURG HOSPITA NO. 06-6350 JURY TRIAL DEMANDED AFFIDAVIT OF NON-INVOLVEMENT OF DEFENDANT, PINNACLE HEALTH I, Bob Gabler, head of risk management for Pinnacle Health, hereby affirm and attest to the following: 1. Pinnacle Health was not involved, individually, or through its servants or employees, in the care and treatment of the decedent, Elizabeth A. Keath, and was not obligated, either individually or through its servants or employees, to provide for the care and treatment of the decedent. 2. It is believed and, therefore, averred that the medical professional liabili claim brought by Plaintiff, Eugene L. Keath, against Pinnacle Health was based solely upon a belief that Co-Defendant, Scott D. Mueller, M.D., had an agency and/or employment relationship with Pinnacle Health. 3. Dr- Mueller has executed an affidavit confirming that he maintains a private family medicine practice and was not an actual or ostensible agent, servant or O l;` l l; i1r i 1'c : 4 :i F R.-; f' 1 ti i tj" 124 N1A iULi ELIEL;_C I E1N employee of Pinnacle Health. A copy of the affidavit of Dr. Mueller is attached hereto as Exhibit A. Bob Gabler Date: / LIW 7 SWORN to and cribed before me this Z,g day , 2007 ary F is MY COMMISSION EXPIRES: MMONWEALTH OF PENNSYLVANIA ?Notg W Seal JQAnn E. Nelson, Notary Pubic Hampden TWV., Cwftdand County W CornmWsicn E June 19, 2006 Member, Nnneylvaarv:! t?Ssodstfon Of Notaries EXKib it A MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 General Telephone: [717] 975-8114 Direct Dial: [717] 760-7500 Fax: [717] 975-8124 E-Mail: mbadowski@margolisedelstein.com Attorney for Defendants PINNACLE HEALTH HOSPITALS t/d/bla PINNACLE HEALTH AT HARRISBURG F EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and in his own right, Plaintiff vs. PINNACLE HEALTH and SCOTT D. MUELLER, M.D., Defendants NO. 06-6350 JURY TRIAL DEMANDED AFFIDAVIT OF DEFENDANT, SCOTT D. MUELLER, M.D. I, Scott D. Mueller, M.D., hereby affirm and attest to the following: iPITAL 1. At all times relevant to the matters reflected in Plaintiffs Complaint, I maintained a private family medicine practice and was not an actual or ostensible agent, servant or employee of the Pinnacle Health System/Pinnacle Health Hospi (hereinafter Pinnacle). Is 2. During the times relevant and reflected in Plaintiff's Complaint, the o ly business affiliation I had with the Pinnacle Health Systems was that of a landlord/t pant insofar as I leased office spaces at Pinnacle's owned Frederickson Outpatient Ce located in Mechanicsburg, Pennsylvania. 3. During all times relevant to Plaintiffs Complaint, I held staff privileges only with the Pinnacle Hospitals as a privately practicing family medicine physician. Medical staff members of the Pinnacle Hospitals are not employees, agent or servants of hospitals and the granting of staff privileges merely permits physicians, such as yself, to admit my private patients to the Pinnacle Hospitals for care. 4. At no time pertinent to the matters reflected in Plaintiffs Complaint as my private family medicine practice a satellite outpatient facility of the Pinnacle H alth System. k9ki ) Scott D. Iler, M.D. SWORN to and subs day of before me this 2006 Notary Public MY COMMIS ON EXPIRES: is- ),546-? i 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing On all counsel/parties of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first class postage prepaid, on the k day 2007, and addressed as follows: Fred M. Feder, Esquire 1701 Mt. Pleasant Road Villanova, PA 19085 Leigh A.J. Ellis, Esquire Foulkrod Ellis 2010 Market Street Camp Hill, PA 17011 MARGOLIS EDELSTEIN 0"ej, n'? Carol Moose -73 EUGENE L. KEATH, as IN THE COURT OF COMMON PLEAS OF Administrator of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH A. KEATH, Deceased, and in his own right, Plaintiff V. PINNACLE HEALTH and SCOTT D. MUELLER, M.D., DEFENDANTS NO. 06-6350 CIVIL ORDER OF COURT AND NOW, this 29th day of January, 2007, upon consideration of the Affidavit of Non- Involvement of Defendant, Pinnacle Health, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before February 19, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, vFred M. Feder, Esquire /igh A. J. Ellis, Esquire Attorney for Defendant Mueller , ichael M. Badowski, Esquire Attorney for Defendant Pinnacle Health bas -?, ? 1`A M. L. Eybe`rt, Jr., J. J Z6 'o V v C , ii aim dc) FOULKROD ELLIS Professional Corporation 2010 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 EUGENE L. KEATH, as Administrator Of the Estate of ELIZABETH A. KEATH, Deceased, and in his own right, Plaintiff PINNACLE HEALTH and SCOTT D. MUELLER, M.D., Defendants Attorneys for Defendant: Scott D. Mueller, M.D. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06-6350 : JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT, SCOTT D. MUELLER M.D.. TO PLAINTIFFS' FIRST AMENDED COMPLAINT AND NOW, comes Defendant, Scott D. Mueller, M.D., (hereinafter "Moving Defendant"), by and through his counsel, Foulkrod Ellis, and hereby files the within Preliminary Objections to Plaintiffs' First Amended Complaint as follows: The within medical malpractice action was initiated by Complaint filed on or about October 31, 2006. 2. Moving Defendant was served on November 8, 2006. Moving Defendant filed Preliminary Objections to the Complaint on November 28, 2006, raising issues with "recklessness" language, references to unidentified agents, boilerplate allegations of negligence and Plaintiffs' demand for attorney's fees. 4. Subsequent to the filing of the Preliminary Objections, Plaintiffs' counsel indicated that he would be filing an Amended Complaint rendering the Preliminary Objections moot. An Amended Complaint was filed on December 7, 2006. However, the Amended Complaint did not resolve all of the previously filed Preliminary Objections. 5. Further, Plaintiffs' counsel indicated that he was working with Pinnacle Health to facilitate its dismissal through stipulation and would be filing another Amended Complaint once the dismissal was complete. 6. Moving Defendant anticipated receiving a Second Amended Complaint and believed that there was an agreement with counsel that no further action was necessary on his part until the Second Amended Complaint was filed. However, on February 14, 2007, Plaintiff's counsel forwarded a letter indicating that an Answer was due to the pending First Amended Complaint. 7. As deficiencies still exist with the First Amended Complaint, Moving Defendant files the within Preliminary Objections. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE 8. Paragraph 32 and the ad damnum clauses of Plaintiffs' Complaint allege that Moving Defendant acted through and is liable for his "agents, ostensible agents, servants, workmen and/or employees." 2 i 9. Pursuant to Pennsylvania law, Plaintiff is required to specifically identify any agents, servants, and/or employees of the Defendant upon whose actions the alleged liability is based. Alumni Association v. Sullivan, 535 A.2d 1092 (Pa. Super. 1987). 10. Plaintiffs' Complaint does not specifically identify any individuals and/or their alleged acts other than Dr. Mueller. 11. This lack of specificity as to identification of agents, servant, and/or employees is violative of Pa. R.C.P. 1019(a). 12. In addition, Plaintiffs' lack of specificity regarding agency, deprives Moving Defendants of their ability to comply with Pa. R.C.P. 1029(e)(1) relating to specific denials relating to agency averments. WHEREFORE, Moving Defendant respectfully requests that the language contained in Paragraph 32 and Plaintiffs' ad damnum clauses referencing unidentified "agents, ostensible agents, servants, workmen and/or employees" be stricken from Plaintiffs' Complaint with prejudice. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE 13. The following paragraphs of Plaintiffs' Complaint are objectionable in that they contain nothing more than "boiler plate" and "catch all" allegations of negligence that are not specific to this action and could be pled against any health care provider in any malpractice action: 32(a), 32(b), 32(c), 32(d), 32(e), 32(q), 32(r), 32(s) and 32(t) 14. Pursuant to Pa. R.C.P. 1019(a), "the material facts on which a cause of action or defense is based shall be stated in concise and summary form." e . 15. As the Complaint currently reads, it is not possible for Moving Defendant to even ascertain what "condition" of Decedent's Moving Defendant allegedly failed to diagnose, treat and/or appreciate. 16. Moving Defendant is prejudiced by these allegations, because a defense to these vague allegations cannot be prepared. 17. Furthermore, these allegations of negligence as they now read afford Plaintiffs the opportunity to introduce new theories of recovery at any time prior to the commencement of trial and after the expiration of the statute of limitations in violation of Connor v. Allegheny General Hospital, 461 A.2d 600 (Pa. 1983). 18. Pursuant to Pa. R.C.P. 1028, this Court is empowered to strike from Plaintiffs' Complaint any allegations that fail to conform to law or rule of court. WHEREFORE, Moving Defendant respectfully requests that paragraphs 32(a), 32(b), 32(c), 32(d), 32(e), 32(q), 32(r), 32(s) and 32(t) be stricken from Plaintiffs' Complaint with prejudice. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Date: 2 [ By: Lei .. is Attorney I.D. No. 53229 Cindy N. Ellis Attorney I.D. No. 83823 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was served upon counsel of record this 15'' day of February, 2007, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Fred M. Feder, Esquire Feder & Associates, LLC 1701 Mt. Pleasant Road Villanova, PA 19085 Counsel for Plaintiff Michael Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 FOULKROD ELLIS By: PROFESSIONAL CORPORATION C -s a,? ? 4 ....r CO y t l f TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (Must be typewritten and submitted in duplicate) Please list the within matter for the next Argument Court, Eugene L. Keath, as Administrator Of the Estate of Elizabeth A. Keath, Deceased, and in his own right PRAECIPE FOR LISTING CASE FOR ARGUMENT (Plaintiff) V. Pinnacle Health and Scott D. Mueller, M.D. (Defendants) No.: 06-6350 1. 2 State matter to be argued: Preliminary Objections of Defendant, Scott D. Mueller, M.D., to Plaintiffs' First Amended Complaint Identify counsel who will argue cases: (a) for plaintiff: Fred M. Feder, Esquire, Feder & Associates, LLC, 1701 Mt. Pleasant Road, Villanova, PA 19085 (b) for defendant, Scott D. Mueller, M.D. 3. 4. Cindy N. Ellis, Esquire, Foulkrod Ellis, 2010 Market Street, Camp Hill PA 17011 I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: April 4, 2007 Signa e Cindy N. Ellis Print your name Attorney for Defendant, Scott D. Mueller, M.D., February 15, 2007 r? l CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was served upon counsel of record this 15`x' day of February, 2007, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Fred M. Feder, Esquire Feder & Associates, LLC 1701 Mt. Pleasant Road Villanova, PA 19085 Counsel for Plaintiff Michael Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 FOULKROD ELLIS PROFESS ONAL CORPORATION By: Cheryl Garo o, egal S cre r-? t FEDER & ASSOCIATES LLC BY: FRED M. FEDER, ESQUIRE ATTORNEY I.D. NO: 25709 1701 Mt. Pleasant Road Villanova, PA 19085 (215) 735-7900 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and in his own right Plaintiff vs. PINNACLE HEALTH and ; SCOTT D. MUELLER, M.D. Defendants NO.: 06-6350 PLAINTIFF'S ANSWER TO PRELIMINARY OBJECTIONS OF DEFENDANT SCOTT D. MUELLER, M.D. TO PLAINTIFF'S FIRST AMENDED COMPLAINT Plaintiff Eugene L. Keath, as Administrator of the Estate of Elizabeth A. Keath, deceased, and in his own right, by his attorneys, Fred M. Feder, Esquire, and Feder & Associates LLC, by way of Answer to the Preliminary Objections of Defendant Scott D. Mueller, M.D. to Plaintiff's First Amended Complaint, states the following: 1. Admitted. 2. Admitted. 3. Denied as irrelevant. Plaintiff's Complaint and Defendant's Preliminary Objections are writings and, as such, must be permitted to speak for themselves. By way of further response, however, since the Complaint was subsequently amended and the Preliminary Objections were thereby rendered moot, no purpose is served by referring to either document in the present Preliminary Objections. 4. Admitted in part and denied in part. It is admitted that an Amended Complaint was filed on December 7, 2006. Defendant's characterizations of the contents of the Amended Complaint are conclusions of law and/or legal argument to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure and are therefore deemed denied. The remaining allegations of this paragraph are denied as superfluous. 5. Denied as irrelevant. 6. Admitted in part and denied in part. It is admitted that Plaintiff forwarded a letter on February 14, 2007 premised on Defendant's protracted failure to answer the First Amended Complaint. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to what Defendant anticipated or believed with regard to the other subject matter addressed in this paragraph, all means of proof thereof being within the exclusive control of Defendant. Wherefore, the remaining allegations of this paragraph are denied and strict proof thereof demanded, if relevant, said relevance being specifically denied, at the time of trial. 7. Admitted in part and denied in part. It is admitted that Defendant has filed frivolous and untimely Preliminary Objections. Defendant's characterizations as to the contents of the First Amended Complaint are conclusions of law and/or legal argument to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure and are therefore deemed denied. 8. Denied as stated, inasmuch as the portions of the First Amended Complaint referenced are writings which must be permitted to speak for themselves. 9. Denied. The allegations of this paragraph are conclusions of law and/or legal argument to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure and are therefore deemed denied. By way of further response, the conclusions of law proffered by Defendant are patently incorrect. 10. Denied. The allegations of this paragraph are conclusions of law and/or legal argument to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure and are therefore deemed denied. By way of further response, the conclusions of law proffered by Defendant are patently incorrect. 11. Denied. The allegations of this paragraph are conclusions of law and/or legal argument to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure and are therefore deemed denied. By way of further response, the conclusions of law proffered by Defendant are patently incorrect. 12. Denied. The allegations of this paragraph are conclusions of law and/or legal argument to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure and are therefore deemed denied. By way of further response, the conclusions of law proffered by Defendant are patently incorrect. WHEREFORE, Plaintiff respectfully requests that Defendant's Preliminary Objections be dismissed with prejudice as frivolous and Plaintiff awarded a reasonable attorney's fee and costs. 13. Denied as stated, inasmuch as the portions of the First Amended Complaint referenced are writings which must be permitted to speak for themselves. The allegations of this paragraph are also conclusions of law and/or legal argument to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure and are therefore deemed denied. By way of further response, the conclusions of law proffered by Defendant are patently incorrect. 14. Denied as stated, inasmuch as Pa. R. Civ. P. 1019(a) is a writing which must be permitted to speak for itself. 15. Denied. The allegations of this paragraph are specifically denied as false and disingenuous. 16. Denied. The allegations of this paragraph are conclusions of law and/or legal argument to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure and are therefore deemed denied. By way of further response, the conclusions of law proffered by Defendant are patently incorrect. 17. Denied. The allegations of this paragraph are conclusions of law and/or legal argument to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure and are therefore deemed denied. By way of further response, the conclusions of law proffered by Defendant are patently incorrect. 18. Denied. The allegations of this paragraph are conclusions of law and/or legal argument to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure and are therefore deemed denied. By way of further response, the conclusions of law proffered by Defendant are patently incorrect. WHEREFORE, Plaintiff respectfully requests that Defendant's Preliminary Objections be dismissed with prejudice as frivolous and Plaintiff awarded a reasonable attorney's fee and costs. Respectfully submitted, FEDER & ASSOCIATES LLC BY: IRE ESQU F ED M. FED?Kniif ttorney for PI ff Eugene L. Keath DATED: March 7, 2007 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the within Answer to Preliminary Objections of Defendant Scott D. Mueller, M.D. was served upon counsel of record the 7th day of March, 2007 by depositing said copy in the United States mail at Villanova, Pennsylvania, first class postage prepaid, and addressed as follows: Cindy N. Ellis, Esquire Leigh A.J. Ellis, Esquire Foulkrod Ellis 2010 Market Street Camp Hill, PA 17011 Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 FEDER & ASSOCIATES LLC BY. ED M. F ER, ESQUIRE r? !`; t7 '1> IN THE MATTER OF: ELIZABETH KEATH SCOTT MUELLER, MD CERTIFICATE ORX-JU ? . PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 06-6350 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH ELLIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/08/2007 IE 1 ? S on b hal IGH F%LIE, SQ. ) Attorney for DEFENDANT R1.25 133-H DE11-0675386 52317 -LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ELIZABETH KEATH -VS- SCOTT MUELLER, MD COURT OF COMMON PLEAS TERM, CASE NO: 06-6350 NOTICE OF INTENT TO SERVI A SUSP08NA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ) TO: FRED M. FEDER, ESQ., PLAINTIFF COUNSEL MICHAEL BADOWSKI, ESQ. MCS on behalf of LEIGH ELLIS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/16/2007 CC: LEIGH ELLIS, ESQ. 3575 Any questions regarding this matter, contact MCS on behalf of LEIGH ELLIS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.17S 133-H DE02-0354936 52317-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELIZABETH KEATH File No. 06-6350 vs. SCOTT MUELLER, MD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GEORGE W. KUNKEL. 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 RIDER **** at The MCS Groun. Inc.. 1601 Market Street, Suite 800. Philadelphia. 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 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: LEIGH ELLIS. ESQ. ADDRESS: 2010 MARKET STREET CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant RT RT BY LiT9E COURT Prothonotary( Jerk, Ovil Division Date: !Z 24C-)7 Deputy Seal of the Court 52317-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GEORGE W. KUNKEL, M.D. 2405 LINGLESTOWN ROAD HARRISBURG, PA 17110 RE: 52317 ELIZABETH KEATH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL RECORDS FROM 1996 TO PRESENT Dates Requested: from: 00-00-1996 to the present. Subject : ELIZABETH KEATH 321 DENISON DRIVE, DAUPHIN, PA 17018 Social security #: XXX-XX-4198 Date of Birth: 02-20-1958 R1.17S 133-H SU10-0670952 52317-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ELIZABETH KEATH -VS- SCOTT MUELLER, MD OR ? ? ...yr COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-6350 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH ELLIS, ESQ1 certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/08/2007 MGS on behalf of(, `- CE=GH E E Attorne for DEFENDANT R1.25 133-H DE11-0675387 52317-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ELIZABETH KEATH -VS- SCOTT MUELLER, MD COURT OF COMMON PLEAS TERM, CASE NO: 06-6350 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ] TO: FRED M. FEDER, ESQ., PLAINTIFF COUNSEL MICHAEL BADOWSKI, ESQ. MCS on behalf of LEIGH ELLIS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/16/2007 CC: LEIGH ELLIS, ESQ. 3575 Any questions regarding this matter, contact MCS on behalf of LEIGH ELLIS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.17S 133-H DE02-0354936 52317-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELIZABETH KEATH vs. SCOTT MUELLER, MD File No. 06-6350 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. JEAN SANTO. 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 RIDER **** at The MCS Gro=._In_c.. 1601 Market Street Suite 800, Philadelphia 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 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: LEIGH ELLIS. ESQ. ADDRESS: 2010 MARKET STREET CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THI? COURT: r? i ProtJionotary/Ud , Civil Division Deputy 52317-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. JEAN SANTO, M.D. 2501 N. THIRD STREET 3RD FLOOR HARRISBURG, PA 17110 RE: 52317 ELIZABETH KEATH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL RECORDS FROM 1996 TO PRESENT Dates Requested: from: 00-00-1996 to the present. Subject : ELIZABETH KEATH 321 DENISON DRIVE, DAUPHIN, PA 17018 Social security #: XXX-XX-4198 Date of Birth: 02-20-1958 R1.17S 133-H SU10-0670954 52317-L02 IN THE MATTER OF: ELIZABETH KEATH SCOTT MUELLER, MD OR CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 06-6350 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH ELLIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/08/2007 MWS on ehalf fo ?` IG S, J Q• Attorn for DEFENDANT R1.25 133-H DE11-0675388 52317-LO3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ELIZABETH KEATH -vs- SCOTT MUELLER, MD COURT OF COMMON PLEAS TERM, CASE NO: 06-6350 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: FRED M. FEDER, ESQ., PLAINTIFF COUNSEL MICHAEL BADOWSKI, ESQ. MCS on behalf of LEIGH ELLIS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/16/2007 CC: LEIGH ELLIS, ESQ. - 3575 Any questions regarding this matter, contact MCS on behalf of LEIGH ELLIS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 ',R1.17S 133-H DE02-0354936 52317-COl >>> LOCATION LIST <<< LOCATION NAME RECORDS REQUESTED GEORGE W. KUNKEL, M.D. OTHER MEDICAL DR. JEAN SANTO, M.D. OTHER MEDICAL DAUPHIN PHARMACY OTHER BRUCE COHICK, MD. OTHER MEDICAL ZURICH INSURANCE CO. EMPLOYMENT YORK NEUROSURGICAL ASSOCIATES OTHER MEDICAL TRISTAN ASSOCIATES OTHER MEDICAL YORK HOSPITAL MEDICAL RECORDS HARRISBURG URO-CARE GROUP OTHER MEDICAL PAGE: 1 R1.17S 133-H DE02-0354936 52317-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELIZABETH KEATH vs. SCOTT MUELLER, MD File No. 06-6350 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DAUPHIN PHARMACY (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 Group, Inc.. 1601 Market Street. Suite 800. Philadelphia, 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 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: LEIGH ELLIS. ESO. ADDRESS: 2010 MARKET STREET _CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonota7jC Civ' Division Deputy Date: Seal of the Court 52317-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DAUPHIN PHARMACY 722 ALLEGHENY STREET DAUPHIN, PA 17018 RE: 52317 ELIZABETH KEATH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL PRESCRIPTION/PHARMACEUTICAL RECORDS FROM 1996 TO PRESENT Subject : ELIZABETH KEATH 321 DENISON DRIVE, DAUPHIN, PA 17018 Social Security #: XXX-XX-4198 Date of Birth: 02-20-1958 R1.17S 133-H SU10-0671332 52317-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ELIZABETH KEATH -VS- SCOTT MUELLER, MD tA U?Y i 16P 0R COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-6350 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH ELLIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/08/2007 (MC-S on half o ) ` ?? ZEIGH I Attorne for DEFENDANT R1.25 133-H DE11-0675389 52317-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ELIZABETH KEATH -VS- SCOTT MUELLER, MD COURT OF COMMON PLEAS TERM, CASE NO: 06-6350 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ] TO: FRED M. FEDER, ESQ., PLAINTIFF COUNSEL MICHAEL BADOWSKI, ESQ. MCS on behalf of LEIGH ELLIS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/16/2007 CC: LEIGH ELLIS, ESQ. 3575 Any questions regarding this matter, contact MCS on behalf of LEIGH ELLIS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.17S 133-H DE02-0354936 52317-COl >>> LOCATION LIST <<< LOCATION NAME RECORDS REQUESTED GEORGE W. KUNKEL, M.D. OTHER MEDICAL DR. JEAN SANTO, M.D. OTHER MEDICAL DAUPHIN PHARMACY OTHER BRUCE COHICK, MD. OTHER MEDICAL ZURICH INSURANCE CO. EMPLOYMENT YORK NEUROSURGICAL ASSOCIATES OTHER MEDICAL TRISTAN ASSOCIATES OTHER MEDICAL YORK HOSPITAL MEDICAL RECORDS HARRISBURG URO-CARE GROUP OTHER MEDICAL PAGE: 1 R1.17S 133-H DE02-0354936 52317-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELIZABETH KEATH File No. 06-6330 vs. SCOTT MUELLER, MD SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BRUCE COHICK. MD. (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 Groin, Inc 1601 Market Street- Suite 800 Philadelphia, 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 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: LEIGH ELLIS. O. ADDRESS: 2010 MARKET STREET CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY TIA COURT: Pro onotary/Cle *Itivi ivision Deputy Date: Seal of the Court 52317-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BRUCE COHICK, MD. 2151 LINGLESTOWN RD. STE 100 HARRISBURG, PA 17110 RE: 52317 ELIZABETH KEATH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL RECORDS FROM 1996 TO PRESENT Dates Requested: from: 00-00-1996 to the present. Subject : ELIZABETH KEATH 321 DENISON ))RIVE, DAUPHIN, PA 17018 Social Security #: XXX-XX-4198 Date of Birth: 02-20-1958 R1.17S 133-H SU10-0670958 52317-L04 CERTIFICATE ORIGJI?I't-' ilk' PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ELIZABETH KEATH TERM, CUMBERLAND -VS- CASE NO: 06-6350 SCOTT MUELLER, MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH ELLIS, 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. CS on ehal, pf. DATE: 03/08/2007 LEIGH YJ?LIS , Attornlq?r for DEFENDANT R1.25 133-H DE11-0675390 52317-LO5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ELIZABETH KEATH -VS- SCOTT MUELLER, MD COURT OF COMMON PLEAS TERM, CASE NO: 06-6350 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: FRED M. FEDER, ESQ., PLAINTIFF COUNSEL MICHAEL BADOWSKI, ESQ. MCS on behalf of LEIGH ELLIS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/16/2007 CC: LEIGH ELLIS, ESQ. 3575 Any questions regarding this matter, contact MCS on behalf of LEIGH ELLIS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.17S 133-H DE02-0354936 52317-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELIZABETH KEATH vs. SCOTT MUELLER, MD File No. 06-6350 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ZURICH INSURANCE CO (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 Group. Inc.. 1601 Market Street. Suite 800, Philadelphia. 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 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: LEIGH ELLIS. ESO. ADDRESS: 2010 MARKET STREET CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY/TI? COURT: Prothonotary/ Cl ' ivyDivision Date: Deputy Seal of the Court 52317-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ZURICH INSURANCE CO. 5070 RITTER RD. MECHANICSBURG, PA 17055 RE: 52317 ELIZABETH KEATH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all employment records, applications, files, 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 : ELIZABETH REATH 321 DENISON DRIVE, DAUPHIN, PA 17018 Social Security #: XXX-XX-4198 Date of Birth: 02-20-1958 R1.17S 133-H SUIO-0670960 52317-LO5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGhvi-,14`0 IN THE MATTER OF: COURT OF COMMON PLEAS ELIZABETH KEATH TERM, CUMBERLAND -VS- CASE NO: 06-6350 SCOTT MUELLER, MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH ELLIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/08/2007 MCS on half o?f EIGH IS, SQ. Attorne for DEFENDANT I R1.25 133-H DE11-0675391 52317-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ELIZABETH KEATH -VS- SCOTT MUELLER, MD COURT OF COMMON PLEAS TERM, CASE NO: 06-6350 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: FRED M. FEDER, ESQ., PLAINTIFF COUNSEL MICHAEL BADOWSKI, ESQ. MCS on behalf of LEIGH ELLIS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/16/2007 CC: LEIGH ELLIS, ESQ. 3575 Any questions regarding this matter, contact MCS on behalf of LEIGH ELLIS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 iR1.17S 133-H DE02-0354936 52317-COl >>> LOCATION LIST <<< LOCATION NAME RECORDS REQUESTED PAGE: 1 GEORGE W. KUNKEL, M.D. DR. JEAN SANTO, M.D. DAUPHIN PHARMACY BRUCE COHICK, MD. ZURICH INSURANCE CO. YORK NF,UROSURGICAL ASSOCIATES TRISTAN ASSOCIATES YORK HOSPITAL HARRISBURG URO-CARE GROUP OTHER MEDICAL OTHER MEDICAL OTHER OTHER MEDICAL EMPLOYMENT OTHER MEDICAL OTHER MEDICAL MEDICAL RECORDS OTHER MEDICAL RR1.17S 133-H DE02-0354936 52317-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELIZABETH KEATH vs. SCOTT MUELLER, MD File No. 06-6350 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for YORK NEUROSURGICAL ASSOCIATES (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 Groff, Inc.. 1601 Market Street. Suite 500. Philadelphia. 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 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: LEIGH ELLIS. ESO. ADDRESS: 2010 MARKET STREET CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: A Prothonotary/Cleil Civ' Division Deputy Date: lno7 Seal of the Court 52317-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: YORK NEUROSURGICAL ASSOCIATES 2319 SOUTH GEORGE STREET YORK, PA 17403 RE: 52317 ELIZABETH KEATH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL RECORDS FROM 1996 TO PRESENT Dates Requested: from: 01-01-1996 to the present. Subject : ELIZABETH FJrATH 321 DENISON DRIVE, DAUPHIN, PA 17018 Social Security #: XXX-XX-4198 Date of Birth: 02-20-1958 R1.17S 133-H SU10-0671334 52317-LO6 IN THE MATTER OF: ELIZABETH KEATH SCOTT MUELLER, MD CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ORIGINA"L PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -VS- TERM, CUMBERLAND CASE NO: 06-6350 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH ELLIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/08/2007 M CS on b alf of ?? , { ( LEIGH E IS, CE?? Attorne for DEFENDANT R1.25 133-H DE11-0675392 52317-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ELIZABETH KEATH -VS- SCOTT MUELLER, MD COURT OF COMMON PLEAS TERM, CASE NO: 06-6350 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: FRED M. FEDER, ESQ., PLAINTIFF COUNSEL MICHAEL BADOWSKI, ESQ. MCS on behalf of LEIGH ELLIS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/16/2007 CC: LEIGH ELLIS, ESQ. 3575 Any questions regarding this matter, contact MCS on behalf of LEIGH ELLIS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 JR1.17S 133-H DE02-0354936 52317-COl >>> LOCATION LIST <<< LOCATION NAME RECORDS REQUESTED GEORGE W. KUNKEL, M.D. DR. JEAN SANTO, M.D. DAUPHIN PHARMACY BRUCE COHICK, MD. ZURICH INSURANCE CO. YORK NEUROSIJRGICAL ASSOCIATES TRISTAN ASSOCIATES YORK HOSPITAL HARRISBURG URO-CARE GROUP OTHER MEDICAL OTHER MEDICAL OTHER OTHER MEDICAL EMPLOYMENT OTHER MEDICAL OTHER MEDICAL MEDICAL RECORDS OTHER MEDICAL PAGE: 1 IR1.17S 133-H DE02-0354936 52317-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELIZABETH KEATH vs. SCOTT MUELLER, MD File No. 06-6350 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for TRISTAN ASSOCIATES (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 Group Inc 1601 Market Street, Mite 800. Philadelphia 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 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: LEIGH ELLIS. ESO. ADDRESS: 2010 MARKET STREET _CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: _Aj 66!7 Seal of the Court BY THE COURT: Prothonota&ClerI4- ivil ivision Deputy 52317-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TRISTAN ASSOCIATES 4518 UNION DEPOSIT ROAD HARRISBURG. PA 17111 RE: 52317 ELIZABETH KEATH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL RECORDS FROM 1996 TO PRESENT Dates Requested: from: 00-00-1996 to the present. Subject : ELIZABETH KEATH 321 DENISON DRIVE, DAUPHIN, PA 17018 Social Security #: XXX-XX-4198 Date of Birth: 02-20-1958 R1.17S 133-H SU10-0670964 52317-LO7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ELIZABETH KEATH -vs- SCOTT MUELLER, MD COURT OF COMMON PLEAS TERM, CASE NO: 06-6350 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ] TO: FRED M. FEDER, ESQ., PLAINTIFF COUNSEL MICHAEL BADOWSKI, ESQ. MCS on behalf of LEIGH ELLIS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/16/2007 CC: LEIGH ELLIS, ESQ. 3575 Any questions regarding this matter, contact MCS on behalf of LEIGH ELLIS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 IR1.17S 133-H DE02-0354936 52317-COl >>> LOCATION LIST <<< LOCATION NAME RECORDS REQUESTED GEORGE W. KUNKEL, M.D. OTHER MEDICAL DR. JEAN SANTO, M.D. OTHER MEDICAL DAUPHIN PHARMACY OTHER BRUCE COHICK, MD. OTHER MEDICAL ZURICH INSURANCE CO. EMPLOYMENT YORK NEUPOSURGTCAL ASSOCIATES OTHER MEDICAL TRISTAN ASSOCIATES OTHER MEDICAL YORK HOSPITAL MEDICAL RECORDS HT- RISBURG URO-CARE GROUP OTHER MEDICAL PAGE: 1 IR1.17S 133-H DE02-0354936 52317-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELIZABETH KEATH vs. SCOTT MUELLER, MD File No. 06-6350 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for YORK HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc- 1601 Market Street. Suite 800. Philadelphia. 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 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: LEIGH ELLIS, ESO. ADDRESS: 2010 MARKET STREET CAMP HELL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: _ Defendant Date: Seal of the Court BY TI, COURT: Prothonotary/Clerk; Civi Division Deputy 52317-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: YORK HOSPITAL MEDICAL RECORDS DEPT. 1001 S. GEORGE ST. YORK, PA 17405 RE: 52317 ELIZABETH KEATH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, 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, test, 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 : ELIZABETH REATH 321 DENISON DRIVE, DAUPHIN, PA 17018 Social Security #: 196-50-4198 Date of Birth: 02-20-1958 i R1.17S 133-H SU10-0670966 52317-LO8 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ELIZABETH KEATH -VS- SCOTT MUELLER, MD COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-6350 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH ELLIS, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/08/2007 I M S on b half of I GH E Irs C' Attorne for DEFENDANT i R1.25 133-H DE11-0675394 52317-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ELIZABETH KEATH -VS- SCOTT MUELLER, MD COURT OF COMMON PLEAS TERM, CASE NO: 06-6350 NOTICE OF INTENT TO SERVE; A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: FRED M. FEDER, ESQ., PLAINTIFF COUNSEL MICHAEL BADOWSKI, ESQ. MCS on behalf of LEIGH ELLIS, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/16/2007 CC: LEIGH ELLIS, ESQ. 3575 Any questions regarding this matter, contact MCS on behalf of LEIGH ELLIS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 2d6-0900 I1.17S 133-H DE02-0354936 52317-COl LOCATION NAME GEORGE W. KUNKEL, M.D. DR. JEAN SANTO, M.D. DAUPHIN PHARMACY BRUCE COHICK, MD. ZURICH INSURANCE CO. YORK NEUPOSURGICAL ASSOCIATES TRISTAN ASSOCIATES YORK HOSPITAL HARRISBURG URO-CARE GROUP >>> LOCATION LIST <<< RECORDS REQUESTED OTHER MEDICAL OTHER MEDICAL OTHER OTHER MEDICAL EMPLOYMENT OTHER MEDICAL OTHER MEDICAL MEDICAL RECORDS OTHER MEDICAL PAGE: 1 JR1.17S 133-H DE02-0354936 52317-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELIZABETH KEATH VS. SCOTT MUELLER, MD File No. 06-6350 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG URO-CARE GROUP (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 Group Ln_c 1601 Market Street Mite 800 Philadelphia 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 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: LEIGH ELLIS. ESQ. ADDRESS: 2010 MARKET STREET CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THHE OURT: Prot onotary/Cler"ivi Division Deputy -_7 2,16 Date: Seal of the Court 52317-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG URO-CARE GROUP 2151 LINGLESTOWN RD. SUITE 120 HARRISBURG. PA 17110 RE: 52317 ELIZABETH KEATH Prior approval is required for fees in excess of.$150.00 for _ hospitals, $100.00 for all other providers. ANY AND ALL RECORDS FROM 1996 TO PRESENT Dates Requested: from: 00-00-1996 to the present. Subject : ELIZABETH KEATH 321 DENISON DRIVE, DAUPHIN, PA 17018 Social Security #: XXX-XX-4198 Date of Birth: 02-20-1958 R1.17S 133-H SU10-0670968 52317-LO9 0 r -7, L. r MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 General Telephone: [717] 975-8114 Direct Dial: [717] 760-7500 Fax: [717] 975-8124 E-Mail: mbadowski@margolisedelstein.com Attorney for Defendants PINNACLE HEALTH HOSPITALS t/d/b/a PINNACLE HEALTH AT HARRISBURG HOSPITAL EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and in his own right, Plaintiff vs. PINNACLE HEALTH and SCOTT D. MUELLER, M.D., Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6350 JURY TRIAL DEMANDED PETITION TO MAKE RULE ABSOLUTE AND NOW, comes Defendant, Pinnacle Health, by and through its counsel, Margolis Edelstein, to petition the Court to make rule absolute, and avers the following in support thereof: 1. On January 23, 2007, Pinnacle Health filed an Affidavit of Non- Involvement in the above-captioned matter. 2. By Order dated January 29, 2007, the Honorable M.L. Ebert, Jr., issued a Rule upon Plaintiff, Eugene L. Keath, as Administrator of the Estate of Elizabeth A. Keath, deceased, and in his own right, to show cause why the relief requested in the Affidavit of Non-Involvement should not be granted. 3. Specifically, the Court's Order of January 29, 2007, required Plaintiff to answer the Affidavit of Non-Involvement and explain why Pinnacle Health should not be dismissed from the above-captioned matter due to its lack of involvement in the care and treatment of decedent. 4. To date, Plaintiff has failed to file any answer to the rule to show cause, despite the fact that the time to do so has now passed. As a result, Pinnacle Health files the instant Petition to Make Rule Absolute requesting that the Court hereby dismiss Pinnacle Health from the above-captioned matter and direct that the Prothonotary remove Pinnacle Health from the caption of this matter. WHEREFORE, Defendant, Pinnacle Health, respectfully requests this Honorable Court issue an order making its rule absolute and directing that Pinnacle Health be dismissed from this action and that it be removed from the caption by the Prothonotary. MARGOLIS EDELS 44'0? By. Date: MichWVB5a wski, Esquire I D# 32646 Shaun J. Mu ford, Esquire I D# 84176 3510 Trindle Road Camp Hill, PA 17011 Attorneys for Defendant, Pinnacle Health M:lmdir\l MCARE120000.4-00005- Keath v. PinnaclelpleaclTetition to Make Rule Absolute.3-13-07.wpd 4 1 ? CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel/parties of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first class postage prepaid, on the day of N-4LC-111 '2007, and addressed as follows: Fred M. Feder, Esquire 1701 Mt. Pleasant Road Villanova, PA 19085 Leigh A.J. Ellis, Esquire Foulkrod Ellis 2010 Market Street Camp Hill, PA 17011 MARGOLIS EDELSTEIN alc? nL- Carol Moose T :??, ?? ?:-r `•• . ? .?- ter; ?? w?? f ' ? _S?? k ? ? ?? ? ?? r CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ELIZABETH KEATH -VS- SCOTT MUELLER, MD a9 r COURT OF C MON PLEAS TERM, CUMBERLAND CASE NO: O f-6350 As a prerequisite to service of a subpoena for documents and thing4 to Rule 4009.22 MCS on behalf of LEIGH ELLIS, ES certifies that )ursuant (1) A notice of intent to serve the subpoena with a copy of tlje subpoena attached thereto was mailed or delivered to each party at l ast twenty days prior to the date on which the subpoena is so g t to be served, (2) A copy of the notice of intent, including the proposed sub, 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 subplot is attached to the notice of intent to serve the subpoena. DATE: 03/08/2007 M QS on beha , of i51 EI, ELLIS, ESQ. Attorney for DEFENDANT na, is Ana which R1.33 105-N DE11-0681163 S -4 $ 1 7- L 0 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ELIZABETH KEATH SCOTT MUELLER, MD -VS- COURT OF COMM PLEAS TERM, CASE NO: 06-62E0 OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUM THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: FRED M. FEDER, ESQ., PLAINTIFF COUNSEL MICHAEL BADOWSKI, ESQ. MCS on behalf of LEIGH ELLIS, ESQ. intends to serve a su oena 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 on the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. C plete copies of any reproduced records may be ordered at your expense by co leting the attached counsel card and returning same to MCS or by contacting r local MCS office. DATE: 02/16/2007 MCS on behalf o LEIGH ELLIS, ES Attorney for DE CC: LEIGH ELLIS, ESQ. - 3575 Any questions regarding this matter, contact THE MCS GROUP I 1601 MARKET STR #800 PHILADELPHIA, (215) 216-0900 19103 R1.17S 133-H DE02-0354936 5231 1-COl Lr)-ATION NAME >>> LOCATION LIST <<< GEORGE W. KUNKEL, M.D. DR. JEAN SANTO, M.D. DAUPHIN PHARMACY BRUCE COHICK, MD. ZURICH INSURANCE CO. YORK PdEUPOSURGICAL P SSOCIATES TRISTAN ASSOCIATES YORK HOSPITAL KARRISBURG URO-CARE GROUP RECORDS REQUESTED OTHER MEDICAL OTHER MEDICAL OTHER OTHER MEDICAL EMPLOYMENT OTHER MEDICAL OTHER MEDICAL MEDICAL RECORDS OTHER MEDICAL E: 1 ,R1.17S 133-H DE02-0354936' (2317-COl , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELIZABETH KEATH vs. SCOTT MUELLER, MD File No. 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 documents or things: ****SEE- ATTACHED RIDER **** at You may deliver or mail legible copies of the documents or produce things requested by this with the certificate of compliance, to the party making this request at the address listed above. 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) 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: LEIGH ELLIS ESO. ADDRESS: 2010 MARKET STREET CAMP HILL PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE- COURT: r Ci Date: _ J Seal of the Court Deputy following )ena, together have the right after its service, 52317-09 t ., , EXPLANATION OF REQUIRED RECO TO: CUSTODIAN OF RECORDS FOR: HARRISBURG URO-CARE GROUP 2151 LINGLESTOWN RD. SUITE 120 HARRISBURG, PA 17110 RE: 52317 ELIZABETH KEATH Prior approval is required for fees in excess of-$150.00 for hospitals, $100.00 for all other providers. ANY AND ALL RECORDS FROM 1996 TO PRESENT Dates Requested: from: 00-00-1996 to the present. Subject : ELIZABETH KEATH 321 DENISON DRIVE, DAUPHIN, PA 17018 Social Security #: XXX-XX-4198 Date of Birth: 02-20-1958 R1.17S 133-H SU10-0670968 523.17-L09 ? ? _ri - -a +1.. Y' r' " t ? ? T' hJ 'CJ' ,3 r ;'? fa9 t?.3 ; ? t _.? r r.. ?.i J C') ??? -i `? :. ?, v? . ?_ t ,4 a f EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and in his own right, Plaintiff vs. PINNACLE HEALTH and SCOTT D. MUELLER, M.D., Defendants COURT OF COMMON PL CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6350 JURY TRIAL DEMANDED ORDER AND NOW, on this ?.? day of ?' \4r upon consideration of the Petition to Make Rule Absolute of Defendant, Pir Health, it is hereby ordered and decreed that the Rule issued by this Court 29, 2007, is hereby made absolute. As such, the Court directs that Pinnac dismissed from this action and that the Prothonotary remove Pinnacle Hea caption. BY THE COURT: M.L. Ebert, Jr. $12007(? _, 2007, acle i January Health be from the W EUGENE L. KEATH, As Administrator of the Estate of ELIZABETH A KEATH, Deceased, And in his own right, Plaintiff V. SCOTT D. MUELLER, M.D., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6350 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of April, 2007, it is herby ordered that paragraphs 32(a), (b), (c), (d), (e), (q), (r), (s) and (t) of Plaintiff's First Amended Complaint, shall not be interpreted to expand upon the theories of liability raised in the remaining subparagraphs of paragraph 32 without leave of court. FURTHERMORE, Plaintiffs allegations of agency contained in Plaintiff's First Amended Complaint are restricted to the employees and agents of Dr. Mueller and his practice. THIS ORDER has been agreed upon by all counsel. BY THE COURT, /red M. Feder, Esq., Attorney for Plaintiff /eigh Ellis, Esq. Attorney for Defendant :rc A "? 1o ht 1 ?!` w""r-1i JO FOULKROD ELLIS Professional Corporation 2010 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 EUGENE L. KEATH, as Administrator Of the Estate of ELIZABETH A. KEATH, Deceased, and in his own right, Plaintiff V. PINNACLE HEALTH AND SCOTT D. MUELLER, M.D., Defendant Attorneys for Defendant: Scott D. Mueller, M.D. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06-6350 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Eugene L. Keath, Plaintiff c/o Fred M. Feder, Esquire Feder & Associates, LLC 1701 Mt. Pleasant Road Villanova, PA 19085 YOU ARE HEREBY NOTIFIED to plead to the attached New Matter of Defendant, Scott D. Mueller, M.D., to Plaintiff's First Amended Complaint, within twenty (20) days from service hereof or a default judgment may be entered against you. FOULKROD ELLIS Professional Corporation Leigh A.J. Ellis, Esquire Attorney I.D. #53229 Cindy N. Ellis, Esquire Attorney I.D. #83823 2010 Market Street Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 tUCiENE L. KEAI'H, as Administrator of the Estate of ELIZABETH A. KEATH, Deceased and in his own right, Plaintiff V. Attorneys for Defendant: Scott D. Mueller, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6350 PINNACLE HEALTH and SCOTT D. MUELLER, M.D., Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, SCOTT D. MUELLER, M.D. TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND NOW comes Defendant, Scott D. Mueller, M.D. (hereinafter "Answering Defendant"), by and through his counsel Foulkrod Ellis Professional Corporation, and hereby responds to Plaintiff's First Amended Complaint, and in support of the same, avers as follows: 1 - 5. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in these paragraphs, and the same are deemed denied and strict proof thereof demanded at the time of trial. 6. Denied as a conclusion of law or fact to which no response is necessary. To the extent a response is deemed necessary, the allegations are denied generally and strict proof thereof is demanded at the time of trial. 7. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and the same are deemed denied and strict proof thereof is demanded at the time of trial. 8 -10. The averments contained in these paragraphs are directed to a Defendant other than Answering Defendant, as such, no response is necessary. To the extent a response is deemed necessary, the averments are denied generally and strict proof thereof is demanded at the time of trial. 11. Admitted in part and denied in part. It is admitted that Answering Defendant is licensed to practice medicine in the Commonwealth of Pennsylvania and at the relevant times was practicing as a physician with professional offices located on the Cumberland Campus- Fredericksen Outpatient Center. The remainder of the allegation is denied as a conclusion of law or fact to which no response is necessary. 12. Admitted in part, denied in part. It is admitted that Answering Defendant was practicing medicine in the Commonwealth of Pennsylvania and was qualified and skilled in the practice of medicine, and in particular the field of family medicine. The remainder of the allegation is denied as a conclusion of law or fact to which no response is necessary. Strict proof thereof is demanded at the time of trial. 13. It is denied that Answering Defendant was an employee of Defendant Pinnacle. The remainder of the allegation is denied as a conclusion of law or fact to which no response is necessary. Strict proof there is demanded at trial. 14 - 30. Denied generally pursuant to Pa.R.C.P. 1029(e). COUNT ONE EUGENE L. KEATH V. PINNACLE HEALTH AND SCOTT D. MUELLER, M.D. 31. Answering Defendant hereby incorporates his responses to paragraph 1-30 of the Answer as if fully set forth herein. 2 32(a)-(t). The averments contained in these paragraphs and subparagraphs are conclusions of law or fact to which no response is required. To the extent a response is deemed necessary, the allegations are denied generally and strict proof thereof is demanded at trial. By way of further answer, Answering Defendant incorporates by reference the Order of Court dated April 4, 2007, wherein it is ordered that the paragraphs 32(a), (b), (c), (d), (e), (q), (r), (s) and (t) of the Amended Complaint, shall not be interpreted to expand upon the theories of liability raised in the remaining subparagraphs of paragraph 32 without leave of Court. Additionally, Answering Defendant incorporates the Order of Court dated April 4, 2007, wherein it is ordered that the allegations of agency contained in Plaintiff's First Amended Complaint are restricted to the employees and agents of Dr. Mueller and his practice. 33 - 41. Denied. The averments contained in these paragraphs are conclusions of law or fact to which no response is required. To the extent a response is deemed necessary, the allegations are denied generally and strict proof thereof is demanded at trial. WHEREFORE, Answering Defendant demands judgment in his favor and against Plaintiff. COUNT TWO EUGENE L. KEATH V. PINNACLE HEALTH AND SCOTT D. MUELLER, M.D. WRONGFUL DEALTH ACTION 42. Answering Defendant hereby incorporates his responses to paragraphs 1-41 of the Answer as if fully set forth herein. 43 - 49. Denied. The averments contained in these paragraphs are conclusions of law or fact to which no response is required. To the extent a response is deemed necessary, the allegations are denied generally and strict proof thereof is demanded at trial. COUNT THREE EUGENE L. KEATH V. PINNACLE HEALTH AND SCOTT D. MUELLER, M.D. SURVIVAL ACTION 50. Answering Defendant hereby incorporates his responses to paragraphs 1-49 of the Answer as if fully set forth herein. 51. Denied. The averments contained in this paragraph are conclusions of law or fact to which no response is required. To the extent a response is deemed necessary, the allegations are denied generally and strict proof thereof is demanded at trial. WHEREFORE, Answering Defendant demands judgment in his favor and against Plaintiff. NEW MATTER 52. Plaintiff has failed to state a claim against Answering Defendant upon which relief may be granted. 53. The Plaintiff's claims may be barred and/or limited by the applicable statute of limitations. 54. Answering Defendant is not liable to Plaintiff for the claims set forth in Plaintiff's First Amended Complaint. The injuries and damages referred therein are as a result of medical conditions beyond the control of Answering Defendant or for which Answering Defendant is not liable or were caused by persons or entities beyond the control of Answering Defendant. 55. Plaintiff's claims may be barred by or limited by the doctrine of release, res judicata, and/or collateral estoppel. 56. Plaintiff's claims may be barred or limited by the Health Care Services Malpractice Act, as amended. 4 57. Plaintiff s claims may be barred and/or limited by the Medical Care Availability and Reduction of Error Act of 2002. 58. Plaintiff may not recover damages for past medical expenses and/or past lost earnings incurred to the time of trial to the extent that the loss is covered by a private or public benefit or gratuity that has been received prior to trial. 59. Future damages for loss of earnings shall be reduced to present value. 60. The Answering Defendant avers that insofar as a treatment modality was elected which is recognized as proper, but may differ from another appropriate treatment modality, Answering Defendant raises the two schools of thought defense. 61. If there is a judicial determination of the application of Pa. R.C.P. 238 in the within action is constitutional, such possibility being specifically denied, the liability for any damages imposed under the said rule shall exclude the period of time that Plaintiff failed to convey a reasonable settlement demand, delayed in responding to any of Defendant's discovery requests, violated any discovery rules, or caused the delay of trial. 62. The Answering Defendant avers that if Plaintiff is awarded any money damages, such possibility being specifically denied, the amount of said damages must be reduced by the total amount of any and all medical expenses charged but not actually paid by or on behalf of the Plaintiff, i.e., any amount recovered by the Plaintiff must be reduced by the sum of any and all medical expenses written off by a healthcare provider pursuant to the Pennsylvania Supreme Court ruling in Moorehead v. Crozer Chester Medical Center, 765 A.2d 786 (Pa. 2000). 63. Answering Defendant believes and therefore avers that evidence accumulated through discovery and provided at trial may establish that Decedent was contributorily or comparatively negligent, and in order to protect the record, Answering Defendant hereby pleads contributory and comparative negligence as affirmative defenses. 64. In the event that it is determined that Answering Defendant was negligent with regard to any of the allegations contained in, and with respect to Plaintiff's First Amended Complaint, said allegations being specifically denied, said negligence was superceded by the intervening negligent acts of other persons, parties, and/or organizations other than Answering Defendant and over whom Answering Defendant had no control, right, or responsibility, and therefore, Answering Defendant is not liable. 65. Answering Defendant believes that discovery may reveal that Decedent assumed the risk of her injuries, and therefore, to preserve such affirmative defense, Answering Defendant hereby asserts that this action may be barred by doctrine of assumption of risk. WHEREFORE, Answering Defendant demands judgment in his favor and against Plaintiffs. Respectfully submitted, FOULKROD ELLIS Professional Corporation Date: By: Z;?- vrj." Y V ? indy N. Ellis, Esq ' e ttorney I.D. No. 83823 6 VERIFICATION I, SCOTT D. MUELLER, M,D., hereby certify that I have read the foregoing Answer and New Matter of Defendant, Scott D. Mueller, M.D., to Plaintirs First Amended Complaint which has been drafted by my counsel on my behalf and that the facts set forth therein are true and correct to the best of my knowledge, information and belief, This statement and Verification are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn fabrication to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 . P&.C,S.A. §4904. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of ANSWER AND NEW MATTER OF DEFENDANT, SCOTT D. MUELLER, M.D., TO PLAINTIFF'S FIRST AMENDED COMPLAINT was served upon counsel of record this 25th day of April, 2007, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Fred M. Feder, Esquire Feder & Associates, LLC 1701 Mt. Pleasant Road Villanova, PA 19085 (Counsel for Plaintiff) Michael Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (Counsel for Pinnacle Health) FOULKROD ELLIS PROFESSIONAL CORPORATION By: St y L. Breon, Paralegal r? -' ro a. FEDER & ASSOCIATES LLC BY: FRED M. FEDER, ESQUIRE ATTORNEY I.D. NO: 25709 1701 Mt. Pleasant Road Villanova, PA 19085 (215) 735-7900 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and in his own right NO.: 066350 Plaintiff vs. SCOTT D. MUELLER, M.D. Defendant Plaintiff's Reply to New Matter of Defendant Scott D. Mueller, M.D. 52. through 65. Denied. The allegations and averments contained in these paragraphs of Defendant's New Matter are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. FEDER & ASSOCIATES LLC BY: .mac F ED M. FE , ESQUIRE Attorney for laintiff VERIFICATION I, Fred M. Feder, Esquire, hereby verify that I am counsel for Plaintiff in the within matter, and as such, am authorized to verify that the facts set forth in the attached Reply to New Matter filed on behalf of the Plaintiff are true and correct to the best of my personal knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 pertaining to unsworn falsification to authorities. D M. FEDEWESQUIRE DATED: May 2, 2007 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Plaintiff's Reply to the New Matter of Defendant Scott D. Mueller, M.D. was served upon counsel of record the 2nd day of May, 2007, by depositing said copy in the United States mail at Villanova, Pennsylvania, first class postage prepaid, and addressed as follows: Cindy N. Ellis, Esquire Leigh A.J. Ellis, Esquire Foulkrod Ellis 2010 Market Street Camp Hill, PA 17011 FEDER & ASSOCIATES LLC BY: `. ED M. FEDER, SQUIRE cPIZI? C? C- Frl ORIGINAL CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ELIZABETH KEATH TERM, CUMBERLAND -VS- CASE NO: 06-6350 SCOTT MUELLER, MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH ELLIS, 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: 08/02/2007 Ls? CS n NLIal,f f IG E Attorney for DEFENDANT R1.35 133-H DE11-0702911 52317-L10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ELIZABETH KEATH -VS- SCOTT MUELLER, MD COURT OF COMMON PLEAS TERM, CASE NO: 06-6350 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 FIRST CHOICE REHAB MEDICAL RECORDS HERSHEY PAIN CLINIC MEDICAL RECORDS JOYNER SPORTS MEDICINE MEDICAL RECORDS TO: MICHAEL BADOWSKI, ESQ. FRED M. FEDER, ESQ., PLAINTIFF COUNSEL MCS on behalf of LEIGH ELLIS, 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: 07/13/2007 CC: LEIGH ELLIS, ESQ. 3575 Any questions regarding this matter, contact MCS on behalf of LEIGH ELLIS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.35S 133-H DE02-0368244 52317-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELIZABETH KEATH VS. SCOTT MUELLER, MD File No. 06-6350 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for FIRST CHOICE REHAB (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 Group- Inc., 1601 Market Street. Suite 800. Philadelphia. 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 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: LEIGH ELLIS, ESQ. ADDRESS: 2010 MARKET STREET CAMP HILL. PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Deputy Date: Seal of the Court 52317-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FIRST CHOICE REHAB 899 SO. ARLINGTON AVE. HARRISBURG, PA 17109 RE: 52317 ELIZABETH KEATH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : ELIZABETH KEATH 321 DENISON DRIVE, DAUPHIN, PA 17018 Social Security #: XXX-XX-4198 Date of Birth: 02-20-1958 R1.35S 133-H SU10-0694852 52317-LlO CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ELIZABETH KEATH TERM, CUMBERLAND -VS- CASE NO: 06-6350 SCOTT MUELLER, MD As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH ELLIS, 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: 08/02/2007 $4nahalf f l?( Att rney for DEF NDANT R1.35 133-H DE11-0702912 52317-Lll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ELIZABETH KEATH -VS- SCOTT MUELLER, MD COURT OF COMMON PLEAS TERM, CASE NO: 06-6350 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 FIRST CHOICE REHAB MEDICAL RECORDS HERSHEY PAIN CLINIC MEDICAL RECORDS JOYNER SPORTS MEDICINE MEDICAL RECORDS TO: FRED M. FEDER, ESQ., PLAINTIFF COUNSEL MICHAEL BADOWSKI, ESQ. MCS on behalf of LEIGH ELLIS, 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: 07/13/2007 CC: LEIGH ELLIS, ESQ. 3575 Any questions regarding this matter, contact MCS on behalf of LEIGH ELLIS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.35S 133-H DE02-0368243 52317-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELIZABETH KEATH vs. SCOTT MUELLER, MD File No. 06-6350 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY PAIN CLINIC (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 Group_ Inc.. 1601 Market Street. Suite 800. Philadelphia. 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 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: LEIGH ELLIS. E ADDRESS: 2010 MARKET TELEPHONE: _ (2215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy 52317-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY PAIN CLINIC HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 52317 ELIZABETH KEATH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, 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, test, 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 : ELIZABETH KEATH 321 DENISON DRIVE, DAUPHIN, PA 17018 Social Security #: XXX-XX-4198 Date of Birth: 02-20-1958 R1.35S 133-H SU10-0694854 52317-Lll ORIG„ilx CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: ELIZABETH KEATH -VS- SCOTT MUELLER, MD COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-6350 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH ELLIS, ES 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: 08/02/2007 t 3l UE alf f t E Attorney for DEFENDANT R1.35 133-H DE11-0702913 52317-L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ELIZABETH KEATH -vs- SCOTT MUELLER, MD COURT OF COMMON PLEAS TERM, CASE NO: 06-6350 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 FIRST CHOICE REHAB MEDICAL RECORDS HERSHEY PAIN CLINIC MEDICAL RECORDS JOYNER SPORTS MEDICINE MEDICAL RECORDS TO: FRED M. FEDER, ESQ., PLAINTIFF COUNSEL MICHAEL BADOWSKI, ESQ. MCS on behalf of LEIGH ELLIS, 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: 07/13/2007 CC: LEIGH ELLIS, ESQ. - 3575 Any questions regarding this matter, contact R1.35S 133-H MCS on behalf of LEIGH ELLIS, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0368243 52317-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ELIZABETH KEATH VS. SCOTT MUELLER, MD File No. 06-6350 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for TOYNER SPORTS MEDICINE (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 Groin, Inc., 1601 Market Street. Suite 800. Philadelphia. 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 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: LEIGH ELLIS. ESO. ADDRESS: 2010 MARKET STREET CAMP HILL. PA 17011 TELEPHONE: (am) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Deputy Date: Seal of the Court 52317-12 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOYNER SPORTS MEDICINE BLUE MOUNTAIN CENTER 4800 LINGLESTOWN RD HARRISBURG, PA 17043 RE: 52317 ELIZABETH KEATH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : ELIZABETH REATH 321 DENISON DRIVE, DAUPHIN, PA 17018 Social Security #: XXX-XX-4198 Date of Birth: 02-20-1958 R1.35S 133-H SU10-0694856 52317-L12 o IN THE MATTER OF: EUGENE L. KEATH CERTIFICATE ORIGINAI PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS -VS- SCOTT D. MUELLER, M.D. TERM, CUMBERLAND CASE NO: 06-6350 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of LEIGH ELLIS, 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: 10/25/2007 A CS on b of ` L GH ELLIS, iSQ?47 ttorney for PLAINTIFF R1.42 133-H DE11 56144-LO1 4 C OMNIONWE A L T H O F P E N N S Y L V AN I A C OiJN T Y O F C UMB E R L AND IN THE MATTER OF: COURT OF COMMON PLEAS EUGENE L. KEATH -VS- SCOTT D. MUELLER, M.D. TERM, CASE NO: 06-6350 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PHYSIOTHERAPY ASSOCIATES MEDICAL RECORDS TO: FRED M. FEDER. ESQ. MCS on behalf of LEIGH ELLIS, 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: 10/05/2007 CC: LEIGH ELLIS, ESQ. 3575 Any questions regarding this matter, contact MCS on behalf of LEIGH ELLIS, ESQ. Attorney for PLAINTIFF THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 tl.41S 105-N DE02-0375709 5 6 1 4 4- C 0 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EUGENE L. KEATH VS. SCOTT D. MUELLER, M.D. File No. 06-6350 SUBPOENA TO. PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PHYSIOTHERAPY ASSOCIATES (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 Group. Inc.. 1601 Market Street, Suite 800, Philadelphia- 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 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: LEIGH ELLIS. ESQ. ADDRESS: 2010 MARKETSTREET _CAMP HILL, PA 17011 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Plaintiff OCT 2007 Date: QC40b F/L_ Seal of the Court BY THE COURT: r thonotary/Clerk, Civil Divisi Deputy . 56144-01 P 4k EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PHYSIOTHERAPY ASSOCIATES 5775 ALLENTOWN BLVD SUITE 100 HARRISBURG, PA 17112 RE: 56144 ELIZABETH A. KEATH Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: from: 01-01-1995 to the present. Subject : ELIZABETH A. KEATH 321 DENISON DRIVE, DAUPHIN, PA 17018 Social Security #: XXX-XX-4198 Date of Birth: 02-20-1958 :1.415 105-N SU10-0706844 5 6 1 4 4- L O 1 n r.? ? C J ? FEDER & ASSOCIATES LLC BY: FRED M. FEDER, ESQUIRE ATTORNEY I.D. NO: 25709 1701 Mt. Pleasant Road Villanova, PA 19085 (215) 735-7900 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, deceased, and in his own right Plaintiff vs. SCOTT D. MUELLER, M.D. Defendant NO.: 06-6350 PRAECIPE TO DISCONTINUE TO THE PROTHONTARY: Kindly mark the above captioned matter as discontinued. FEDER & ASSOCIATES LLC BY' QED M. FED R, ESQUIRE Attorney for Plaintiff EUGENE L. KEATH, as Administrator of the Estate of ELIZABETH A. KEATH, and in his own right DATE: July 28, 2008 ti cJ 7 rA7