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Home My WebLink About01-0249ROBERT J. BEAUDRY, JR., D.M.D. and BEAUDRY ORAL SURGERY, Plaintiffs DORIS MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. _. : CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THEPROTHONOTARY: Please issue Writ of Summons in the above captioned action. Writ of Summons shall be issued and forwarded to ( - )Attomey (~) Sheriff Luther E. Milspaw, Jr., Esquire MILSPAW & BESHORE 130 State Street Harrisburg, PA 17101 !at! of ~t~moe. Yl 9 26 Su ~reme ~ (717) 236-0781 Date: January 9, 2001 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. ~ Date: ~_)~'B ] 1, %~ O' _~~ ~r_ Prothonotary ~ Deputy~ ROBERT J. BEAUDRY, JR., D.M.D. and BEAUDRY ORAL SURGERY, Plaintiffs DORIS MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. .- : CIVIL ACTION - LAW INSTRUCTIONS TO SHERIFF Sir: Please deputize the Sheriff of Cumberland County for the purpose of serving the Writ of Summons issued in the above captioned matter upon Defendants as follows: Doris Myers 950 Orchard Avenue, Lot 21 Camp Hill, PA 17011 Kindly advise when service has been made. Date: BY: 130 State Street, P.O. Box Harrisburg, PA 17108-09z (717) 236-0781 Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2001-00249 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEAUDRY ROBERT J JR DMD ET AL VS MYERS DORIS BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MYERS DORIS the DEFENDANT , at 1315:00 HOURS, on the 5th day of April , 2002 at 409 MILLER AVENUE NEW CUMBERLAND, PA 17070 RUSTY HARVEY, ADULT IN CHARGE~ a true and attested copy of WRIT OF SUMMONS by handing to OF RESIDENCE together with and at ~he same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this /2~- day of A.D. ~r6th~Adt~r~ ' ! So Answers: R. Thomas Kline 04/09/2002 LUTHER MILSPAW JR By: ROBERT J. BEAUDRY, JR., D.M.D. and: IN TITE COURT OF COMMON PLEAS BEAUDRY ORAL SURGERY, Plaintiffs V. DORIS MYERS, Defendant : CUM~EBIAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 01-249 Civil Term : :/URY TRIAL DEMANDED PRAECIPE FOR REISSUE O[ WRIT OF SUMMONS TO THE PROTHONOTARY: Ple~e r~'~u~ the Writ of Summons in the above captioned action. Writ of Summons ~ be issued and fo~varded to ()Attomey (X)Sherte~ Luther E. Mil-~)aw, Jr., Esquire MILSPAW ,t, BESHORE 130 State Street Harrisburg, PA 17101 (717) 236-078 ] Supreme Ct. ID NO. 1! 226 Date: February 8, 2001 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AG.MNST YOU. Date: BY Deputy ROBERT J. BEAUDRY, JR., D.M.D. and BEAUDRY ORAL SURGERY, Plaintiffs DORIS MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THEPROTHONOTARY: Please issue Writ of Summons in the above captioned action. Writ of Summons shall be issued and forwarded to ( ) Attorney ~) Sheriff Luther E. Milspaw, Jr., Esquire MILSPAW & BESHORE 130 State Street Harrisburg, PA 17101 S~tm~ec~l~,~ 9226 (717) 236-078 Date: lanuary 9, 2001 WRIT OF SUMMONS TO THE ABOVE NAMF~D DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMlVIENCED AN ACTION AGAINST YOU. ~'~ ~ Date: ~--~-.~O ] ~(~Z~ ~'~.,~' ~ Prothonotary ~ Deputyc ROBERT J. BEAUDRY, JR., D.M.D. and BEAUDRY ORAL SURGERY, Plaintiffs DORIS MYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW INSTRUCTIONS TO SHERIFF S/r: Please deputize the Sheriff of Cumberland County for the purpose of serving the Writ of Summons issued in the above captioned matter upon Defendants as follows: Doris Myers 950 Orchard Avenue, Lot 21 Camp Hill, PA 17011 Kindly advise when service has been made. Date~ ///,a20~9 [ BY: 130 State Street, P.O. Box Harrisburg, PA 17108-094 (717) 236--0781 Attorneys for Plaintiff ire 46 · ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-00249 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BEAUDRY ROBERT J JR DMD ET AL VS MYERS DORIS R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT MYERS DORIS but was in his bailiwick. He therefore returns the unable to locate Her REISSUED WRIT OF SUMMONS the within named DEFENDANT , MYERS DORIS DEFT. MOVED LEFT NO FORWARDING ADDRESS, RETURN NOT FOUND AS PER ELIZABETH GABLE 3/20/01. , NOT FOUND , as to Sheriff's Costs: Docketing 18.00 Service 9.20 Not Found Return 5.00 Surcharge 10.00 .00 42.20 ~j~.So answ~s:~ ~J - ~ Sheriff of Cumberland County MILSPAW & BESHORE 03/20/200 Sworn and subscribed to before me this 3-?~? day of~ =~Oz~ J A.D. ~rdthonotary THOMAS KLINE Shedfl EDWARD L. $CHORPP Soticilor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RO PiNY R. ANDERSON Chiaf Deputy P~,.TRICIA A. SHATTO FReal Estate Deputy To: Postmasmr Agency Con[roi ll C'a ' t Address Information Request Pte~e f~mish this agency wi.da the new address, if available, ~or tl~e following individual or veri~ whether ~e address given below is one at Which mail for this individual is cu~ently being delivered.. If the following address is a post office box, pl~e ~mish ~e s~eet address ~ recorded o.n the bo~older's application [ ceni~ the address infomation for dds individual is required for the perfo~ance old, is agency's o~cial duties, (Si=fixture of~y 0fficial),~ FOR POST OFFICE USE ONLY ( ) M~L IS DELWEKED TO ADDRESS GIVEN ( ) NOT IQNOWN AT ADDRESS GIVEN · ./J~'MOVED LEFT NO FORWARDING ADDK.E;SS ( ) NO SUCH ADDRESS ( ) OTI4.ER (SPECIFY): N£W AD D P,.BSS BOXHOLDER'S STP, EET ADDRESS Agency Return Address Address Information Request (RequiTed Format) Exhibit 352.44b Postmark/Date Stamp \ \ % '*'~,._.,.~-" ROBERT J. BEAUDRY, JR., D.M.D. and BEAUDRY ORAL SURGERY, Plaintiffs DORIS MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THEPROTHONOTARY: Please issue Writ of Summons in the above captioned action. Writ of Summons shall be issued and forwarded to ( ) Attorney ~) Sheriff Luther E. Milspaw, Jr., Esquire MILSPAW & BESHORE 130 State Street Harrisburg, PA 17101 ~gnature ~f Attorn{ey Supreme Ct. ll) N{~ 19226 (717) 236-0781 Date: January 9, 2001 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. TRUE COPY FROM RECORD I.~ -r~-r.~t~y ~themol, I here unto ,~t my has Prothonotary Deputy ROBERT J. BEAUDRY, JR., D.M.D. and BEAUDRY ORAL SURGERY, Plaintiffs DORIS MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW INSTRUCTIONS TO SHERIFF Sir: Please deputize the Sheriff of Cumberland County for the purpose of serving the Writ of Summons issued in the above captioned matter upon Defendants as follows: Doris Myers 950 Orchard Avenue, Lot 21 Camp Hill, PA 17011 Kindly advise when service has been made. Date: BY: (717) 236-0781 Attorneys for Plaintiff ROBERT J. BEAUDRY, JR., D.M.D. and: IN THE COURT OF COMMON PLEAS BEAUDRY ORAL SURGERY, Plaintiffs V. Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : No. 01-249 Civil Term : : JURY TRIAL DEMANDED NOTICE '!70 DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action with in twenty (20) days after this Complaint and Notice are served by entering a written ~ pen~nally or by ~ttorney and filing in writing with the Court your defenses or objectiom to the d~aa set forth ~g~inst you. You are warned that if you fail to do so, the case nmy proceed without you ~ a judgment may he entered against you by the Court without further notice for any money cl~med in the Complaint or for any other claim or relief requested by the PlaintS. You may lose money or property or other fights important to you. YOU SHOULD TAKE THI~ PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THF. OFFICE SET FORTH BELOW TO FIND OUT WHE. RE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 or 1-800-990-9108 ROBERT J. BEAUDRY, JR., D.M.D. and: IN THE COURT OF COMMON PLEAS BEAUDRY ORAL SURGERY, Plaintiffs V. DORIS MYERS, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : No. 01-249 Civil Term : : JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiffs, Robert J. Beaudry, Jr., D.M.D and Beaudry Oral Surgery, by and through its attorney, Luther E. Milspaw, Jr., Esquire, and states the following: FACTUAL BACKGROUND 1. 1. Plaintiffs, Robert J. Beaudry, Jr., D.M.D. (hereinafter "Beaudry") is an oral surgeon and Beaudry Oral Surgery, is a dental surgery practice both having a principal place of business at 3600 Old Gettysburg Road, Camp Hill, PA 17011. 2. Defendant, Doris Myers (hereinafter "Myers") is a resident of Pennsylvania with her place of residence at 950 Orchard Avenue, Lot 21, Camp Hill, PA 17011. 3. On or about August 14, 1996 Beaudry entered into an agreement with Myers to provide dental, oral surgery and related services. 4. Myers continued to receive dental and oral-related services from Beaudry until on or about August 5, 1997. A true and correct copy of the originals of the operative reports, surgery notes and progress notes done by Beaudry are attached hereto, incorporated herein and marked Exhibit "A". 5. Beaudry continually sent billing notices to Myers every month, detailing the amount owed and not covered by her insurance as $6905.00. A true and correct copy of the original of the billing account history is attached hereto, incorporated herein and marked Exhibit 6. On or about September 3, 1997, Beaudry sent Myers a final billing notice stating the amount owed and suggesting a payment schedule could be established. A true and correct copy of the original of the letter is attached hereto, incorporated herein and marked Exhibit "C". 7. On or about February 12, 1998, Myers had still made no attempt to contact Beaudry, and the matter was then turned over to Trans World Collection Agency (hereinafter Trans World), who would continue to send delinquency notices to Myers. 8. On or about April 6, 1998, Trans World turned the matter over to Credit Management Services (hereinafter CMS), which then assigned the matter to their legal department. 9. On or about October 31, 1998 CMS coded the Myers file as closed on their June 1999 Inventory Report. Reason for closing was noted as not being able to establish contact with Myers. A tree and correct copy of the original of the CMS Inventory Report is attached hereto, incorporated herein and marked Exhibit "D". COUNT I BREACH OF CONTRACT ROBERT J. BEAUDRY, JR., D.M.D., v. DORIS MYERS 10. The averments of paragraphs 1-9 are incorporated herein by reference. 11. Myers made an agreement with Beaudry, in that Beaudry would perfomi dental and oral-related services on Myers and she would she would pay for those services. 12. Beaudry has perfoimed all conditions precedent in that he successfully performed dental and oral-related services on Myers from August 1996 through August 1997, and all such conditions precedent having occurred, such as to impose liability on Myers. 13. Defendant, Doris Myers breached the agreement when she neglected to make any payment for the services rendered by Plaintiff. WHEREFORE, Plaintiff Robert J. Beaudry, Jr., D.M.D., requests that the Court order Defendant Doris Myers to pay the sum of $6905.00 as applied to the unpaid balance on each billing statement when due, together with expenses and costs and reasonable attorney's fees. COUNT II BREACH OF CONTRACT BEAUDRY ORAL SURGERY v. DORIS MYERS 13. The averments of paragraphs 1-13 are incorporated herein by reference. 14. Myers made an agreement with Beaudry Oral Surgery, in that Beaudry would provide dental and oral-related services for Myers and she would she would pay for those services. 15. dental and oral-related services for Myers from August 1996 through August 1997, and all such conditions precedent having occurred, such as to impose liability on Myers. 16. Defendant, Doris Myers breached the agreement when she neglected to make any payment for the services rendered by Plaintiff. WHEREFORE, Plaintiff Beaudry Oral Surgery, requests that the Court order Defendant Plaintiff has performed all conditions precedent in that they successfully provided Doris Myers to pay the sum of $6905.00 as applied to the unpaid balance on each billing statement when due, together with expenses and costs and reasonable attorney's fees. Date: Resplct~lly submi~t, d, /f a &B By: L~ther E. ~iilsp~a~v, Jr., Esqu"/re 130 State Street P.O. Box 946 Harrisburg, PA 17108 (717) 236-0781 Attorney I.D. No. 19226 Attorney for Plaintiff ROBERT J. BEAUDRY, JR., D.M.D. and: IN THE COURT OF COMMON PLEAS BEAUDRY ORAL SURGERY, Plaintiffs V. DORIS MYERS, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : : No. 01-249 Civil Term : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 26th day of January, 2001, I hereby certify that I this day served the foregoing Complaint, by depositing the same in the U.S. mail, postage pre-paid, at Harrisburg, Pennsylvania addressed as follows: Doris Myers 950 Orchard Avenue, Lot 21 Camp Hill, PA 17011 BY: Exhibit A 8':3/19/2888 14:26 7177631888 ']3EAUDRY ORAl_ SURGERY PAGE 85 8pOUll Of RnpoltllblI Pldy Idorlltltlofl Ibipomlble lady: __ 8odd 8~udly I: __ Re~omtMe Pidy's Address: Home Phone:_.. Riepemllbli Psrty'e Emi)lope ..... Work Phone f: Date (~ Birth: RdagomlM to Pdlnt: ~ Plies..nsWIr the following Iluglllgnl lot mir r#ordl Ind let ~e.f .IIIly W~t tlnw (Icl,he P~lm ~t ~ m dd~k eWli~g? (A..M,) (P.M.) pi#Bi ht a# ~ you in taktflg: (l?I i/IdM(/~lf nliY M NYM Io,t4w) Location: ~ Lealm: ....... ~ Your HI,lib Clrl Prolo#lonlll You wm DIRECTLY filleted by'Oeo,on. ~ Fdend~ F~mlly Sell Yg~low P~ Your Ginml Oedld:. __ Yom Oem! YoUr IMma~/MedlM Dodot: ...... Your Medled SpedaflIb; ....... OtheT Health Provlderl: Your Phlmt~'y: Leallon: .................................... Location: .............................................. 09/19/2000 14:26 7177631088 'BEAUDRY ORAL SURGERY PAGE · Ma/~y o~ill suroery p~o~du~s are ~o~red ~y pl~a~e list all I,suMn~ hdnm~ario, Ior tl~e Phma P: I.D. l; Is this your Miploym's plan? ~,. ') No Is lhls yom employer's plan? Yes No Ihmlul I.aIi, hlsurance Company Address! PIKme J; Group Name of I: Subsmfl)e¢s Name: Data o191rlll: Patient's RMatloilsllip to Subscriber: I.D. f: PhQOt d: I.D. I: Is Ihl~ your mnl)lyer's plan? Yes No Is INa you( a,q)hwer's plan? Yeti No ltl.kllllV;I.illll:llll~lll t',itliIUIII Ill Ilullbltl~. Ullll AIIIhlll liilllllll ll.leaau ,,,. iiI 'thlk' HOLY ~RIT HOSPITAL DEPARTHENT OF RADIOLOGY AND DIAGNOSTIC IHAGING CARP HILL~ PENNSYLVANIA 17011 (717) 763-2600 PATIERTz RYHRS~ DORIS R RR~ 274080 SOC SEC~ 184-26-5309 ORD DR.t BEAUDRY ~R, ROBERT PT TYPE~ R ADA DATE 0S/26/1996 12{24PR LOCATION OPR DICTATION DATE{ 8/26/96 4:I4PR TRAHSCRIPTIOH DATE 08/26/1996 06:51PR ARRIVAL DATE{ HOSP SERVICE{ NUC ~XARIHATIOHI TRIPLE PHASE BONE SCAN OE FACIAL BONES CORREHTS{ Dose--26.9 mci Tc-99m NDP. The vascular flow phase shows* normal symmetrical tracer appearance in the vasculature of the neck and face. The immediate post-injection static image shows normal symmetrical tracer appearance. Delayed images performed 2.5 hours post-injection show a small area of ~ocally increased tracer uptake in the region of the left temporomandibular joint. This could be the result o~ ~ocal inflammation. Aside ~rom some scattered increased tracer uptake in the cervical spine from degenerative disk and joint disease, the study is otherwise normal. CONCLUSIOH{ Small ~ocal area of increased tracer uptake in region o~ left temporomandibular joint. This could be the result o~ focal inflammation. The study is otherwise essentially unremarkable. DICTATED DATE OF EXAN{ H. S. Rabin~ N,D./jaz 08/26/1996 PROGREg9 NOTE9 Oete I camp Hill PA 17011 SS#: 184 26 5309 REF~ZNG PHYg/C/AN: CLINICAL'HIS~R¥= CO~E~TS~ ~IRI of the tempo~om&~dibuiar Joints Robert 8eaudry DMD ~a~!laryregion "caving in", Loss of bone 1) T1 oblique coronal 2) T1 (cl0aed/open) oblique sagittal The et~d~ waa done on the open magnet ~SU~~ U~su~%rophobia, on the left On the right aide, there te marked limitation of motion. The meniSCUS ia l~ ~or~al p0Bi%ion, but the meniacus does not move when the mouth Opefl~, Th~ m&~dt~ler condyle slides forward a short distance ove~ ~he me~i~u~ #hich appease fixed. The condyle shows a marked iimita~ion of ~oti~fl, The e~eion ie only about 1/3 of normal. Signal inte~aity ih the ~ight condyle is normal. CONCLUSiON~ ~a~ked abno~aiity of the left TM Joint. Th~ ~e~lscue is displaced anteriorly withoUt reduction. The~e ie · ~arked limit~tion of motion. There is resorption of portions of ~lie mafldib~lar ~ondyle and the temporal fosga. On the right side, there in normal p0~ition wi~ the ~0uth clo~ed~ but does not move when the mandible translates Thank you for referriBg this patient to us. RC/ p Sincerely, Croteau, M.D. side, the meniscus t~ a~2~t0Fl~ displaced. The Posterior band is at nine O~ClO~k, The m~fli§~ does ~ot reduce with the mouth open, but there ie ~eFy limited Fangs of motion, The mandibular condyle is defo~ed arid ama11, The erticule~ foeea ia flattened.~ There is diminished ei~fl~l in the.m~n~ibular condyle. HOLY SPIRIT HOSPITAL DEPARTNENT OF RADIOLOGY AND DIAGNOSTIC INAGING CARP HILL~ PENNSYLVANIA 17011 (717) 763-2600 PATIEHTI RYERS, DORIS R RRI 274080 SOC SEC~ 184-26-$309 ORD DR.~ BEAUDRY ~R, ROBERT PT TYPE~ R ADH DATE 08/27/1996 OI~I3PN LOCATION RED DICTATION DATEz 8/27/96 2:45pm TRANSCRIPTION DATE 08/27/1996 03:28PR ARRIVAL DATE{ HOSP SERVICEI CTR EXARINATION~ CT TENPORORANDIBULAR OOINTS AND BASE OF SKULL, #/2-D RECONSTRUCTION CORNENT$: The left TN3 is abnormal. There is clearly flattening of the articular surface of the left condyle and there is narroving of the space betveen the tem@oromandibular fossa and the left condyle. Harked asymmetry exists vith the right, and there is anterior "beaking" of the left condyle. Also, the temporomandibular fossa itself has been flattened and becomes significantly more shallov than the right. Ail of these findings are consistent ~ith advanced osteoarthritis. The right temporomandibular ~oint is normal. Incidentally, the mastoid air cells, @etrous ridges, middle and inner ear structures, are normal bilaterally. The visualized sinuses are unremarkable. CORCLUSIOH: Advanced osteoarthritis of the left temDoromandibular ~oint. DICTATED BY{ E.3. CARPOgOL./dmr ..... ~ ~ ........ ' Aries ..... Total g~i~ ~ ~.~ ~ ~]~ ~ I~ ~ [~ i~ ~ti ~f my knowledge. I have ~n Informed of Admission Date: 11/27/96 COPY PREOPERATIVE DIAGNOSES: 1. Extremely severe maxillary bony atrophy and osteoporosis with loss of interior nasal support secondary to bone loss through 95% of basal bone. 2. Severe mandibular atrophy. 3. Class III malocclusion secondary to maxillary retrognathia. 4. Chronic pain and dysesthesias secondary to nerve exposures. POSTOPERATIVE DIAGNOSES: OPER3%TION: SURGEON: Same. 1. Transmandibular Bosker TMI implant via external approach. 2. LeFort I maxillary bone graft and advancement of a egg shell thin maxilla. 3. Right iliac crest donor graft. Robert J. Beaudry Jr., D.M.D. ASSISTANT: DATE: November 27, 1996 OPERATIVE PROCEDUREs The patient was brought to the Operating Room and placed in the supine position. After an adequate induction and nasotracheal intubation, she was prepped and draped in a customary fashion for combined external and internal approach. The hip was prepped, draped, and sterilely covered for approach to bothl the right and left lilac crests, but no bolsters were placed. The face and neck down to the clavicles were prepped, and the oral cavity was prepped and draped sterilely. Following this, attention was drawn to the mandible where the Bosker TMI implant was to be placed. The Bosker implant was compressed up! against the inferior border of the mandible to make an indentation into the skin verifying the midline and aligning to the inferior border of the mandible. The distal edge of the implant impression was used as the incision line, and an incision was made through thei skin along this line and approximately 2-3 mm extension beyond each end. The subcutaneous tissues were then injected with 1:200,000 epinephrine solution. Adequate time was allowed for hemostasis PAGE: 1 HOLY SPIRIT HOSPITAL Camp Hill, PA 17011 OPERATIVE REPORT NAME: MYERS, DORIS MR#: Room#: COPY following which the incision was completed down to the inferior border of the mandible. The subcutaneous tissues were retracted anteriorly and posteriorly, and the periosteum exposed. The periosteum was then incised, and the tissues elevated along the buccal aspect of the mandible, which was only approximately 8-10 mm in height. The dissection was carried up to the occlusal ridge and over into the genial tubercle area. Many years ago, the patient had a mandibular skin graft p%aced in this area, and the tissues were relatively thick. No perforations were obtained throughout any part of the procedure. Dissection was carried back to the areas of the mandibular nerve where it would normally have exited from the mental foramen bilaterally. The nerve was found to be lying basically on the crest and lateral portion of the buccal segment. This was gently elevated. Lingually, the periosteum was carried up to the attachments of the digastric muscles bilaterally along with the geniohyoid muscle. These were elevated up to the genioglossus muscle. Hemostasis was obtained by bipolar cautery. The base plate analog was then utilized to insure the inferior border of the mandible was level, and bone was removed as necessary to fit a large barrel bur. Once the mandible was flattened to the base plate analog, the implant base plate was positioned and found : to sit well against the inferior border. The implant base plate was then positioned over the bony drest so all the holes within the implant were within the midline of the mandible as much as possible. The three medial holes were marked with a small round bur. The drill guide was then placed, and the anterior holes were placed for the three medial implant screws; these were handtapped. The drill guide was then locked to the mandible with 10 mm and 8 mm cortical screws. Following this, the adjustable drill guide was then placed' onto the inferior border. The intraoral portion was placed on top of the bony crest ridge by elevating the chin superiorly. This allowed for direct placement of the drill holes for the posts through the thickest portions of the basal bone, and to assure proper angulation and check proximity to the mandibular nerve. Each hole was placed until the trembler screw was felt. The holes were then tapped with the long and then short taps before moving on to the next post hole. The procedure was done under copious amounts of cold irrigation. The holes were then irrigated free after the drill guide was removed by unscrewing the three cortical screws. The 8 mm posts were utilized for this procedure. These were placed through the crest of the ridge and just external to the inferior border. This was to assure a positive contact to the base plate. PAGE: 2 HOLY SPIRIT HOSPITAL Camp Hill, PA 17011 OPERATIVE REPORT NAME: MYERS, DORIS MR#: Room#: COPY After placement of the four posts, the base plate was lined up, and the lock screws were placed in alternating order allowing the base plate to seat itself. Prior to this, the posts were adjusted so the base plate would sit flush to the mandible with contact to the inferior portion of the post. After placement of the lock screws with sequential and alternating tightening, the three medial cortical screws were placed. The lateral cortical holes were then drilled, and the cortex only tapped. The short $ mm cortical screws were then placed. 'The cortical screws were tightened, and the lock screws were then retightened. Following this, attention was drawn to the oral cavity where the posts were then aligned to the overlying gingival tissues, and a small stab incision made to allow the posts only to come through the gingiva. Following this, the fastener nuts were twisted down and tightened to the top portion of the posts. After these were tightened on all four posts, attention was drawn back to the inferior border where the lock screws were then retightened to create the final box framework. Following this, temporary abutment caps were placed on the posts intraorally. Prior to reapproximation of the mentalis and digastric muscles and periosteal tissues, powdered cadaveric bone graft was placed in and around the posts at the crest of the ridge creating a fine meshing of bone graft through the anterior mandible. The digastric and geniohyoid muscles were then sutured over the base plate to the residual mentalis muscle. The subcutaneous tissues along the periosteal layer were closed with #3-0 Vicryl suture. The subcutaneous fat was dissected approximately 1 cm all around the edge of the incision to allow for tension-free closure of the cutaneous layer. #3-0 Vicryl interrupted mattress sutures were placed along with surface #5-0 nylon interrupted sutures. The area was cleansed, dried, and Steri-Stripped. Following this, attention was drawn to the right hip. The instrumentation for the right hip was kept separate from the other instrumentation previously used. Gowns and gloves were changed, and attention was drawn to the right anterior iliac crest. An incision approximately 12 cm long was made two fingerbreadths lateral to the crest of the bridge. The incision was then pulled medially over the crest of the ridge, and dissection was carried sharply down to the overlying muscle and periosteum of the right anterior iliac crest. The periosteal area was then incised sagittally, and the medial portion was elevated to expose the crest of the ileum and medial cortical wall. A hip retractor was placed, and a 1 cm chisel was then utilized to make a parasagittal cut PAGE: 3 HOLY SPIRIT HOSPITAL Camp Hill, PA 17011 OPERATIVE REPORT NAME: MYERS, DORIS MR#: Room#: COPY through the midline of the crest approximately 1.5 cm posterior to anterior spine. This incision was approximately 5-5 cm long. 4-5 cm releasing incisions were made on each end of this through the medial cortex, and the interior envelope was then fractured inward and removed. Straight and curved bone gougers were then utilized to remove as much marrow as possible along with small curets. Bone quality appeared to be very good and abundant, and the decision was made not to open the left side. Bone wax was placed along with a 7 mm flat Jackson-Pratt thrqugh a separate inferior hole, and the periosteal muscle layer was closed with a #0 Vicryl suture. Subcutaneous tissues were closed with #3-0 Vicryl, and the skin was closed with skin staples. The Jackson-Pratt worked well under suction, and was held in position with a #3-0 black silk suture. An Op-Site dressing was then placed over the wound and opening of the Jackson-Pratt drain. The area was then covered sterilely, and attention brought back to the oral cavity. In the oral cavity, the maxilla was injected with 1:200,000 epinephrine solution. This was placed along the buccal vestibule. An incision was made with the cautery from malar strut to malar strut with care taken in the midline as the anterior maxilla was reduced to below basal bone. At the midline area dissection had to be done sharply with a knife and with a hemostat in order to separate the base of the nose and nasal cavity from the residual ridge tissue. Elevation of the perlosteal flaps was accomplished bilaterally up to the infraorbital nerves and up the malar struts, which, in this position, were relatively horizontal. Subperiosteal tunnels were made back to the pterygomaxillary fissures from each malar strut. Bone was extremely thin and translucent in many areas of the sinus. The anterior maxilla at the midline showed complete loss of anterior nasal spine, and the thickness of the bone from the base of the nose to the residual crest of the anterior maxilla was 2.5 mm Reference marks were not made in the piriform and malar strut regions as was customary in order to preserve as much bone as possible, and to utilize these areas, as slight as they were, for fixation screws later. The internal aspect of the nose was elevated from the roof of the palate up to the inferior turbinates bilaterally. The mucosa was elevate up the nasal septum and vomer approximately 1 cm. Care was taken to undermine this tissue without tearing. However, there was a relatively moderate tear on the right side due to local adhesions along the turbinate region. With protection, a #6 round bur was utilized to make an incision just below the inferior turbinates posteriorly in a horizontal fashion through the thickest portion of the malar strut back toward the PAGE: 4 HOLY SPIRIT HOSPITAL Camp Hill, PA 17011 OPERATIVE REPORT NAME: MYERS, DORIS MR#: Room#: COPY pterygomaxillary fissures. This was done on both sides, and a small round bur was utilized as opposed to a sagittal saw in order to control the cut in relatively very thin bone. There was concern the sagittal saw could have caught and torn chunks of the translucent bone. Following this, the pterygomaxillary fissures were located and back-fractured with a heavy cross chisel. The lateral nasal walls were then incised posteriorly and inferiorly back to the pyramidal processes of the palatine bones. The nasal septum and vomer were incised with a guarded chisel. Down-fracturing was accomplished with the placement of a Bu~ton tissue retractor, double-bladed, into the nasal floor. This had the effect of distributing any torquing forces throughout the maxilla. An attempt was made to pulli down straight inferiorly as opposed to torquing in a rotatory fashion with a Tessier retractor. There was a great concern of transarch fractures through the sinuses and mid portion of the palate from the right-to-left sides. There was some stiffness to the down-fracture, and the pterygomaxillary fissure areas were reinvestigated with the chisel and elevated and torqued. Down-fracturing was then completed with the maxilla in one piece. Rotation was then gently accomplished anteriorly and to the right and left until freedom of the maxilla was established. However, thei weakness of the pterygomaxillary region yielded more of a mobile greenstick fracture than a complete release. On evaluation, this was felt to be beneficial as the maxilla could be advanced and rotated inferiorly leaving a significant close proximity of the posterior bones to ensure more rapid healing while the anterior portion was down-grafted over a centimeter. The maxilla was assured of being in t'he midllne by evaluation of the piriform rims, and the placement of small ink marks in the piriform rim, malar strut, and anterior sinus wall regions prior to the down-fracture. The sinuses were debrided of any polyps or residual tissues. The maxilla was positioned inferiorly, and a 2 x 8-hole TiMesh plate was fabricated and placed in the piriform rim region on the left side. The plate was first secured superiorly with an anterior step in-bend in it. The eight-holed plate allowed for the anterior region to be down-grafted over 1 cm The screw holes in the inferior portion were centrally placed at the ridge crest because of the total lack of bone. A similar plate was placed upon the right side. Bone graft from the hip was then fabricated and placed in blocks from the posterior pterygomaxillary fissure region around to the piriform rim. Corticocancellous chunks and curetted cancellous marrow were utilized. The area was overgrafted. Following this, 1 x 4-hole TiMesh plates were placed in the malar strut regions. Overlaying the sinus were strips of corticocancellous bone from the medial wall PAGE: 5 HOLY SPIPJT HOS~TAL Camp Hill, PA 17011 OPERATIVE REPORT NAME: MYERS, DORIS MRS: Room#: COPY of the hip, and these were held in position with 9 mm TiMesh screws. More bone graft was then trimmed and packed around these strips along with Collagraft material. In the anterior nasal spine region, a trapezoidal piece of corticocancellous bone from the medial wall of the hip was fabricated to extend across the piriform base from plate-to-plate, and from the crest to the superior portion of the maxillary cut. This was held in position by mortising the cortical portion, which was placed on the deep side, and bending the bone in the position securing it to the plates and maxilla with #3-0 Vicryl placed bone-to-bone and bone-to-plate. Following this, the tissue~ were then undermined, and the periosteum split in order to allow for tissue extension both on the palate and on the buccal portion of the maxillary mucosal incisions. This allowed for relatively tension-free placement of the tissues to accommodate the bone graft. The tissues were closed in normal fashion with running #3-0 Vicryl horizontal mattress sutures. Over this was placed a running baseball #3-0 Vicryl suture. Hemostasis was excellent. The mouth was suctioned free of saliva and debris, and a nasogastric tube was placed. The chin incision was exposed and the Steri-Strips removed, the area recleansed with Betadine, and prepped with benzoin and new Steri-Strips placed. An Elastoplast dressing was then placed over the chin area. Because of the maxillary surgery and the lower Bosker implant, a Jobst appliance was not placed immediately for fear of collapsing the mandible into the maxilla, and causing tissue damage anteriorly. However, ice bags were utilized continuously from the Operating Room up to the Intensive Care Unit with the patient. The patient was awoke from anesthesia, and returned to the Intensive Care Unit directly in excellent condition. RJB/TL213/5797 DD:12/04/96 DT:12/13/96 Robert J. Beaudry Jr., D.M.D. PAGE: 6 HOLY SPIRIT HOSPITAL Camp Hill, PA 17011 OPERATIVE REPORT NAME: MYERS, DORIS MR#: Room#: PROCt#I~ttfli NO'i'E9 : PROGFIEtIil NOTEIi Name PI~OGIiES9 NOTE9 Date P#OGI:IF. It9 NOTE~ / // ~ -.~ ..~ PROEII~IEgli NOTE9 Date PERMIT FOR OPERATION his is to certify that I, the undersigned, consent to the performing of Surgery as indicated on the chart and to the use ~ local and/or general anesthetic es Indicated; and that the medical history I have given is correct to the best of my knowledge~ have been Informed of the alternative methods of treatment, Including no treatment. understand the risks and benefits of surgery and anesthesia end have no further questions. he estimated fee, Insurance benefits where applicable, and my financial responsibilities have I~een explained to me as best s could be determined prior to surgery. ~tsnt~s-Signature I ~ardian'~Blgn. & Relatlonehlp ~.0.1 Received A B C D E F G H I J Drain D.$. Penr0se Peck Perlo D.g. R L I I 2 3 4 6 6 ? 8 9 10 1t t2 13 t4 15 16 G E Gelfoam I Cle°clr H 32' 31 30 29 28 27 26 25 24 23 22 2t 20 t9 18 t7 F T SUT 3/o 410 T T S R Q P O N M L K gut vlc~/I nylon I ,,~ , ~.SAJ Time DXI s.,.. , · ~ - Cons. PA OCC Tomo · ~' Other Findings: Wall Tol. H&H Other Total Age Refaced By: BEAUDRY ORAL SURGERY PROGAE~,~II NOTE9 Exhibit B 09/19/2000 14:2~ 7177631888 B -AUDR¥- BEAUDRY'ORAL SURGERY Sepeember 3, 1997 Dear Rueti, Please find enclosed a recant billing 8tetmant for services rendered. We hsd discussed previously chat you vere Sot,S to send the implant to your major mediea! back in July o~ thio year. YOur account is Berries seriously delinquent, YOu must contact me at the Camp Hill office to make come type o! financial arranSemerita to cecile thin account, The balance duo ie in the amount of $6,165.00, charges that date back to August i&, t996. ! am mute that we cmn work something out, you can see ! have your new address but no new telephone number. I am in ~he office Nonday throu8h Thursday ~rom 9:OOA,~, till 5~O0~,N. ! vi~l be vait~nS ~o heoE from you. Take eete and hope to hear [rom you soon. Sincerely, Sharon liyeze(billtn$ office) Exhibit D 81/18/2881 .10:17~ 7177931088 BEAUDRY ORAL SURGERY ff~,~% Credit Management hrylces INVENTORY REPORT PAGE 02 5880 Commerce Boull~rd Rohned Pa~, CA 94~.1696 ;99990061B NASON-W#tYLOU, aooI A ~EtERENCE - 52686 OEO&98 9999900696 HAsoN#EINER, JAMES W REFERENCE * ~9T12 122198 9999900680 NATO, BRYAN E REFERENCE - 55566 071398 . ~fl t1/02/9~ gS.O0 55.00 101 Od 31/99 ~:~ 04/19199 9~?.4S ,00 ~ 02/22/99 80.~ 8o.0o CEC ~ 08103/98 Z05.00 ZO5,O0 101 0~28/99 RE~ERENCE - 46350 06069T 9999900559 flcEvEns, ALAN R 9999900~66 Mca#AW, 4R~OM~ $ 9999900458 HCMICHAEL, TRACT L REFerENCE - ~2122 09269? 33 o8/o$/98 69.00 S~ o9/0~/t~ 990.00 ~ 03/o5/98 ?o.oo 69,00 101 O; 990.00 101 O! ?O.O0 10t 1' /28/99 /~/99 (30/98 99999005?9 #cpHERSO#, ~TEPHANIE A $~ ~IR~__-~.,.7~I:;S~.~og.~ .00 PXF 0.~/2!1/99 77777VVP~' .REFER~NC~ ~__.~,,~*~?~':~E~.~..:,~:~ ...... :_=:.;///////:~_.'~t~?. .~ ..... ~' *'"~ ' * G ~ '' ,.: 199 ' ~~ .... ~.-*~' "' " '"''""'* ,,,,,, ..0,,,.. ,o, 99999oo6~ N~Ro~, Y~A~tA ~ tt/0219S S8.o0 68.00 9999900428 NELSON, ~RtiTOPHER d ~ O&/O&/98 95.~ 95,00 101 ~131/98 REFERENCE ~ S2065 08269~ 9999900642 NOBLE, R~EflT F ~ ~2/14t98 510.00 .00 PIF ~108/99 9999900Fo~ O~TH, gANDA L ~B 0&/~/99 9~.65 9~.65 c~c 9999900~0~ O~ttz~ BARBARA A ~ O~/O&/98 150.00 ~50.00 lO~ ~EF~RENcE - S2~91 112~97 9999900~18 PACK, DEANNA H S~ O~/OZ/98 21o.oo ~1o,0o lol 1/51/99 RE~ERENCE - 5Z~72 9999900608 PATRY, ADRIEN L S~ 11/02/98 120.00 .OO PiP 1/30/98 REFERENCE - BO~40S1698 99999005~9 PglLLIPS. NIC~AEL ~ 08/0~/98 80.00 80.00 101 ~/28/99 REFEREHc~ - 52549 9~99900~6 P~T;R, TONI ~ $~ 0~/05/98 ~50.00 ~0,00 ~0~ /30/98 REFEmENCE - 39509 mO~99 99999oo~38 MCCLEAF, WILLIAM C REFERENCE - 5zt80 l~sogf ~ 9999900343 NccoNAUGHEY, MELxssA R 35 02112198 1~$.00 83.00 101 0E1~0/99 MILSPAW & BESHORE ATTORNEYS AT LAW 130 STATE STREET P,O. BOX 946 HARRISBURG, PA 17108-0946 (717) 236-0781 FAX (717) 236-0791 ROBERT J. BEAUDRY, JR., D.M.D. and: IN THE COURT OF COMMON PLEAS BEAUDRY ORAL SURGERY, Plaintiffs V. DORIS MYERS, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW .- : No. 01-249 Civil Term : : JURY TRIAL DEMANDED PRAECIPE FOR REISSUE OF COMPLAINT TO THEPROTHONOTARY: Please reissue the Complaint in the above captioned action. __ Writ of Summons shall be issued and forwarded to ( )Attomey ( X ) Sheriff Luther E. Milspaw, Jr., Esquire MILSPAW & BESHORE 130 State Street Hamsburg, PA 17101 (717) 236-0781 Date: March 29, 2002 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOT1FIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: Prothonotary BY Deputy I ROBERT J. BEAUDRY, JR., D.M.D. and BEAUDRY ORAL SURGERY, Plaintiffs VS. DORIS MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-249 Civil Term CIVIL ACTION - LAW 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 Answer and New Matter are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 NOT I C IA Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 myers, doris\answer ROBERT J. BEAUDRY, JR., D.M.D. and : IN THE COURT OF COMMON PLEAS OF BEAUDRY OR_AL SURGERY, Plaintiffs VS. DORIS MYERS, Defendant CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-249 Civil Term : CIVIL ACTION - I.~W ANSWER (WITH NEW MATTER) OF DEFENDANT DORIS MYERS 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. COUNT I 10. No further Answer required. 11. Denied. Plaintiff assured Defendant that her insurance would pay for all of her services. See New Matter filed. 12. Denied. Defendant isn't liable to Plaintiff. See New Matter filed. 13. Denied. See New Matter filed. 13. (Second paragraph 13) No further answer required. 14. Denied. See New Matter filed. 15. Denied. See New Matter filed. 16. Denied. See New Matter filed. WHEREFORE, Defendant requests the Court to dismiss the Complaint, Counts I and II. NEW MATTER 17. Plaintiff represented and assured Defendant at the time services were arranged that her insurance would fully pay for the dental service to be performed by Plaintiffs and that Defendant wouldn't have to pay any part thereof. 18. Plaintiffs' cause of action is barred by the Act of July 9, 1976, P.L. 536, No. 142, §2, 42 Pa.C.S. §5525(3) sine the cause of action occurred on August 14, 1996 and suit was not commenced until January 30, 2001. WHEREFORE, Defendant Complaint (all Counts). myers, doris\answer requests the Court to dismiss the YOFFE & YOFFE, P.C. NORMAN M. YOFFE, ESQUIRE Attorney for Defendant 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 ROBERT J. BEAUDRY, JR., D.M.D. and BEAUDRY ORAL SURGERY, Plaintiffs vs. DORIS MYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-249 Civil Term CIVIL ACTION - LAW VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Answer and New Matter are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: DOR~ MYERS ROBERT J. BEAUDRY, JR., D.M.D. and: IN THE COURT OF COMMON PLEAS BEAUDRY ORAL SURGERY, Plaintiffs V. DORIS MYERS, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : No. 01-249 Civil Term : : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER And Now comes the Plaintiff, by and through his attorney, Luther E. Milspaw, Jr., Esquire and replies to Defendant's New Matter as follows: 17. 18. required.. Wherefore, Plaintiff`requests the New Matter of Defendant be dismissed. Denied. At no time did Plaintiffmake any such representation or assurance. Denied. The averment set forth is a Conclusion of Law to which no reply is May29,2002 ed, Jr., Esquire 6 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141; FAX (717) 236-0791 Email: Lmilspaw(~mblawfirm. com ROBERT J. BEAUDRY, JR., D.M.D. and: IN ~ COURT OF COMMON PLEAS BEAUDRY ORAL SURGERY, Plaintiffs V. DORIS MYERS, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CIVH, ACTION - LAW : : NO. 01-249 Civil Term : JURY TRIAL DEMANDED VERIFICATION I, the undersigned, hereby verify that the statements made in the foregoing Plaintiff's Reply to Defendant's New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA. Section 4904 relating to unsworn falsification to authorities. ~Robert F. Beaudry, Jr. ROBERT J. BEAUDRY, JR., D.M.D. and: IN THE COURT OF COMMON PLEAS BEAUDRY ORAL SURGERY, Plaintiffs V. DORIS MYERS, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW : No. 01-249 Civil Term : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of ,2002, I hereby certify that on this date I served the foregoing Plaintiff's Reply to Defendant's New Matter, by depositing the same in the U.S. mail, postage pre-paid, at Harrisburg, Pennsylvania addressed as follows: Nom~an M. Yoffee, Esquire 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 May 29, 2002 BY: n, Paralegal to Luther E. Milspaw, Jr., Esquire COMMON PLEAS ROBERT J. BEAUDRY, JR., D.M.D. and: IN THE COURT OF PENNSYLVANIA BEAUDRY ORAL SURGERY, : CUMBERLAND COUNTY, Plaintiffs Ve DORIS MYERS, Defendant : CIVIL ACTION - LAW : : No. 01-249 Civil Terni : JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Luther E. Miispaw, Jr., Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $10,235.00, plus interest. The counterclaim of the defendant in the action is $0.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Luther E. Milspaw, Jr., Esquire and Norman M. Yoffee, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) _ / Supreme Court ID # lC~ ;26 130 State Street Harrisburg, PA 17101 (717) 236-3141; FAX '17) 236-0791 Attorney for Plaintiff ROBERT J. BEAU-DRY, JR., D.M.D. and BEAU-DRY ORAL SURGERY, Plaintiffs DORIS MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 01-249 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Elizabeth M. Patterson, paralegal for Luther E. Milspaw, Jr., Esquire, do hereby certify that on this 5i day of June, 2002, I placed tree and correct copies of the Plaintiff's Petition for Appointment of Arbitrators in the United States mail with first class postage pre-paid and addressed to the following: Nm-man M. Yoffee, Esquire 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 Elizabeth M. Patterson, Paralegal ROBERT J. BEAUDRY, JR., D.M.D. and: IN THE COURT OF COMMON PLEAS BEAUDRY ORAL SURGERY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs ¥. DORIS MYERS, Defendant : CIVIL ACTION - LAW : No. 01-249 Civil Term : : JURY TRIAL DEMANDED ORDER OF COURT AND NOW, ~ 7 ,2002, in consideration of the fOregoing petition, ~ ~ , Esquire are appointed arbitrators in the above captioned action as prayed for. By the Court: ROBERT J. BEAUDRY, YR. D.M.D. and BEAUDRY ORAL SURGERY, Plaintiffs VS. DORIS MYERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-249 CIVIL TERM : : CIVIL ACTION - LAW AND NOW, this KO day of August, 2002, it is hereby ordered that the Order appointing Susan J. Hartman, Esquire as an Arbitrator in the above-captioned matter shall be vacated and William A. Duncan, Esquire shall be appointed as an Arbitrator in her stead. By the Court