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HomeMy WebLinkAbout02-2836 CHERYL 1. GOBIN and SCOTT I. GOBIN, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO.2002- :LE3'- CIVIL TERM v. CIVIL ACTION-LAW PINNACLE HEALTH SYSTEM, Defendant. PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-referenced case on behalf of the Plaintiffs, Cheryl 1. Gobin and Scott I. Gobin, to the Defendant, Pinnacle Health System. Date: June 11,2002 aB~: BAID~d' David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Please serve the Defendant as follows: Pinnacle Health System 260 I North Third Street Harrisburg, Pennsylvania 17110 , ;;~ij::~'~,ti1 . - e 0 ~ ~ N s::: '- '..... ~gJ <=: I" lZ: n'r= Jt t;5.;: -om r ~ 136 ~6 "'" :i!-r, c-- ~(') :x 2f5 ..... '" - ~ -c )>8 - c-,rn "" .. ~ - !'\ ~ 0 '-l 'G 0'\ -< r CHERYL L. GOBIN and SCOTT I. GOBIN, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintil1's NO. 2002- 2836 CIVIL TERM vs. CIVIL ACTION-LA W PINNACLE HEALTH SYSTEM, Defendant PRAECIPE TO REINSTATE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reinstate the Writ of Summons in the above-referenced case on behalf of the Plaintiffs, Cheryl L. Gobin and Scott 1. Gobin, to the Defendant, Pinnacle Health System. ~t?;4HERER Date July 24, 2002 David A. Baric, Esquire I.D. #44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Please serve the Defendant as follows: Pinnacle Health System 2601 North Third Street Harrisburg, Pennsylvania 17110 "--~<-'''''''^''''-----'-- r) ~~ -0 i'; 1 fTifT ?~t~1- (/~ - ~._-- ~~: 2:: =< C:' 1',_ ~ c= ~ r.....) -'--I'l C) ~': '!'. ':? C- ...... ;c (jiTl ,-, ,;-, ''0 -< Todd B. Narvo1, Esquire Identification Number: 42136 Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 Attorneys for Pinnacle Health System CHERYL L. GOBIN and SCOTT J. GOBIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2836 PINNACLE HEALTH SYSTEM, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Todd B. Narvol and Thomas, Thomas & Hafer, LLP as counsel for Defendant Pinnacle Health System. Respectfully submitted, Thomas, Thomas & Hafer, LLP bY~~ Todd B. Narvol, J.D. No. 42136 305 N. Front Street POB 999 Harrisburg, PAl 71 08-0999 Date: B{h(Q1, CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: David A. Baric, Esquire 17 W. South Street Carlisle, PA 17013 Thomas, Thomas & Hafer, LLP by ~ Date: g /6("L-- Todd B. Narvol, I.D. No. 42136 305 N. Front Street POB 999 Harrisburg, PAl 71 08-0999 o s:= -o[i; cpq: zC (/) i' I~~ :;;.:: --l -< C) f'V :tJoo c:: ~"") I .....1 o 'T1 :::j . -~ :=:J , 1 (__ 'f:~ t,? :~O ~~:B ::"'0 .~C~ j'tl "--~ _,,_1 )> ~ ~ :::c rv :..v ...J Todd B. Narvo1, Esquire Identification Number: 42136 Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 Attorneys for Pinnacle Health System CHERYL L. GOBIN and SCOTT I. GOBIN, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2836 PINNACLE HEALTH SYSTEM, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE AND RULE TO FILE COMPLAINT TO THE PROTHONOTARY/CLERK OF SAID COURT: Please issue rule on Plaintiffs to file a Complaint in the above case within twenty days after service of the rule or suffer ajudgment of non pros. ~ I /?.A.-I ~ DATE: 6/' I r'(.. Signature: \J'P' 'f 'J j/~ Todd B. Narvol 305 N. Front Street P.O. Box 999 Harrisburg, P A 17108-0999 Telephone No.: 717-237-7133 Supreme Court ill No.: 42136 NOW, {JL.V:j ~ ,2002, RULE ISSUED AS AB~.VE. C~:kJ ~. Prothonotary BY:~a-#_P.ry~ Deputy 1 CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy ofthe foregoing by first class mail, postage prepaid, addressed to the following: David A. Baric, Esquire 17 W. South Street Carlisle, P A 17013 Thomas, Thomas & Hafer, LLP by Date: e/' {J2-- ~~ Todd B. Narvol, J.D. No. 42136 305 N. Front Street POB 999 Harrisburg, PA 17108-0999 Q 0 0 C r0 -n 7'" 1:>" ~--". -Cu:. c: .'0 n"\['; ;:;') F1 Z:,!': Zt.; 0 (j) <:, .~ \ 2t.i 0 -0 -1', '- ,,~''-) :.;.J );'"' (-) ...:.'- c"C) ~~,~ N [Sin .-\ ~ :oJ ;:u -( ......l :..::: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-02836 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GOBIN CHERYL L ET AL VS PINNACLE HEALTH SYSTEM 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: PINNACLE HEALTH SYSTEM but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On August 6th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 29.25 .00 66.25 08/06/2002 BARIC OBRIEN So answeJ;:S: :/" -- -'~"...--/,--,--/~ /i.. /-->, _ -(- _ .-- R. Thomas Kline Sheriff of Cumberland County SCHERER Sworn and subscribed to before me this ;I.,2.MA day of f;}"lu..AJ"'" :2002- A.D. Q'f'J- ~~2~~~ca~ before me this 2ND day of AUGUST, 2002 r\ I \ .(l (11. C-. 'f}a~ @ffitt of tlrp ~lrpriff Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy J. Daniel Basile Chief Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania GOBIN CHERYL L vs County of Dauphin PINNACLE HEALTH SYSTEM Sheriff's Return No. 1802-T - -2002 OTHER COUNTY NO. 02-2836 AND NOW:August 1, 2002 at 8: 53AM served the within SUMMONS upon PINNACLE HEALTH SYSTEM by personally handing to BOB GABLER, DIRECTOR OF INSURANCE 1 true attested copy (ies) of the original SUMMONS and making known to him/her the contents thereof at 2601 NORTH 3RD ST HBG, PA 17110-0000 Sworn and subscribed to So Answers, JK~~ ~ ( Sheriff of Dauphin County, Pa. BY~~~) Deputy She 1ff PROTHONOTARY Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO HOPKINS In The Court of Common Pleas of Cumberland County, Pennsylvania Cheryl L. C?obi1VS':t al Pinnacle Health System SERVE: same No. 02 2836 civil Now, July 25. 2002 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~~<:#--P Sheriff of Cumherland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made Known to the contents thereof. So answers, Sheriff of County, PA <<h,. COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed before me this_day of ,20_ $ J Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS CHERYL L GOBIN AND SCOTT I GOBIN Plaintiff Court of Common Pleas Vs. No. 02-2836 In Civil Action-Law PINNACLE HEALTH SYSTEM 2601 NORTH THIRD STREET HARRISBURG, PENNSYL VANIA 17110 Defendant To PINNACLE HEALTH SYSTEM You are hereby notified that CHERYL L GOBIN AND SCOTT I GOBIN the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) {l~~~ Pro onotary . [ BY~,_Q.~ Deputy Date JUNE 11,2002 ATTORNEY Name: DAVID A BARIC ESQUIRE Address: 17 WEST SOUTH STREET CARLISLE, P A 17013 Attorney for: Plaintiff Telephone: 7172496873 Supreme Court ill No. 44853 CHERYL L. GOBIN and SCOTT I. GOBIN, husband and wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs, : NO. 2002-2836 CIVIL TERM v. PINNACLE HEALTH SYSTEM, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED COMPLAINT NOW, COMES Cheryl L. Gobin and Scott I. Gobin, by and through their attorneys, O'BRIEN, BARIC & SCHERER, and file the within Complaint and, in support thereof, set forth the following: 1. Plaintiffs, Cheryl and Scott Gobin, are husband and wife, adult individuals residing at Four Farm Lane, Carlisle, Pennsylvania. 2. Defendant, Pinnacle Health System ("Polyclinic Hospital"), is a Delaware corporation with a principal place of business located at Polyclinic Campus, 2601 North Third Street, Harrisburg, Pennsylvania. 3. Defendant regularly conducts business in Cumberland County, including, but not limited to, advertising its services and products in Cumberland County, Pennsylvania. 4. On June 22, 2000, Cheryl Gobin was admitted to Polyclinic Hospital in anticipation of the birth of her third child. 5. Cheryl Gobin had previously delivered two children at Polyclinic Hospital via caesarian section. 6. Shortly after Cheryl was admitted on June 22, 2000, an individual identifying herself as a nurse at Polyclinic Hospital entered Cheryl's room indicating that she would be administering an intravenous line in preparation for delivery. 2 7. As the nurse was installing the needle for the intravenous line into Cheryl's left arm, Cheryl felt severe pain and immediately informed the nurse of the pain. In response, the nurse replied that "needles hurt" and jiggled the intravenous line and the needle. 8. Subsequently, Cheryl informed the attending anesthesiologist of the pain she was continuing to experience from the intravenous line. She was told by the anesthesiologist to tell the recovery team about the pain after delivery. 9. Cheryl successful delivered her new baby, Rachel, later on the day of June 22, 2000. 10. While in the recovery room, a nurse entered Chery I' s room to administer morphine through the intravenous line. When the morphine began to drip, Cheryl experienced shooting pains emanating from the intravenous needle up her arm. II. In response to Cheryl's complaints of pain, the IV Team was called to her room. 12. Upon examining the intravenous line, the IV Team indicated that the line would have to be replaced and did so. 13. During the remainder of her stay at Polyclinic Hospital, Cheryl experienced pain, tingling sensations and tenderness in the left arm. 14. One (1) week after returning home, Cheryl experienced a shooting pain in her left arm. 15. Within a few weeks, the pain worsened and began to extend from Chery I' s left wrist to her left shoulder. 16. Chery I sought medical attention for the symptoms she was experiencing in her left arm which included, but were not limited to, the following: a) feeling of tiredness or heaviness in the left arm; b) weakness in her hand and finger; c) severe pain up to her left shoulder; d) sensitivity at the point ofthe installation of the intravenous line to any bumps or pressure; 3 e) her left wrist felt jammed and there was a restriction in the range of motion of the wrist; and f) shooting pains in her left arm when she attempted to squeeze or grip with her left hand. 17. Following the advice of a treating physician, Cheryl sought physical therapy which was undertaken from September, 2000 through December, 2000. 18. As a direct and proximate result ofthe improper installation of the intravenous needle and the failure to promptly remedy the improper installation, Cheryl developed De Quevain tenosynovitis and neuroma of her left radial wrist and styloid superficial radial nerve and other various and divers injuries. 19. As a direct and proximate result of the acts and omissions of Polyclinic Hospital, by and through its agents, Plaintiffs have incurred significant medical expenses and will continue to incur such expenses in the future, for all of which damages are claimed. 20. As a direct and proximate result of the acts and omissions of Polyclinic Hospital, by and through its agents, Cheryl Gobin has experienced pain and suffering, humiliation and loss of the enjoyment oflife's pleasures, lost wages in the amount of$2,816.00 and will continue to suffer such losses in the future, for all of which damages are claimed. 21. As a direct and proximate result of the acts and omissions of Polyclinic Hospital, by and through its agents, Scott Gobin has been deprived of the support, care and companionship of his wife, Cheryl Gobin, for all of which damages are claimed. 22. The acts and omissions of Polyclinic Hospital, by and through its agents, were substantial factors in causing the damages set forth above. COUNT I CHERYL and SCOTT GOBIN v. PINNACLE HEALTH SYSTEM NEGLIGENCE 23. Plaintiff incorporates paragraphs one through twenty-two by reference as though 4 set forth at length. 24. At all times relevant hereto, Cheryl Gobin was a patient of Polyclinic Hospital. 25. At all times relevant hereto, the nurse who administered the intravenous line into Cheryl's left ann was acting within the course and scope of her duties of employment with Polyclinic Hospital. 26. Polyclinic Hospital is responsible, as a matter of law, for the negligent acts of its actual and/or ostensible agents, servants and employees committed within the course and scope of their employment. 27. Polyclinic Hospital, acting by and through the nurse who administered the intravenous line to Cheryl Gobin on June 22, 2000, provided negligent medical care and treatment to Cheryl Gobin in the following particulars: a) improperly installing the intravenous needle into Cheryl's ann; b) disregarding Cheryl's immediate complaints of pain in her ann from the needle as inserted; c) failing to summon additional assistance to reinstall the intravenous needle immediately; d) installing the intravenous needle in such a manner as to cause injury to the nerves and tendons of Cheryl's left wrist; e) failing to install the intravenous needle in such a manner as to prevent permanent injury to Cheryl's left wrist; f) failing to use appropriate equipment to aid in the proper installation of the intravenous needle; g) failing to utilize appropriate procedures or methods to install the intravenous needle; h) failing to adhere to hospital policies, regulations and protocols regarding installation of an intravenous line. i) failing to adequately train, supervise or direct the nurse who installed the 5 intravenous line; j) failing to have in place adequate procedures or practices to protect patients from the improper installation of intravenous lines; and k) failing to have in place adequate procedures or practices to immediately respond to and correct the installation of improperly installed intravenous lines for its patients. 28. The acts of the nurse in installing the intravenous line were under her exclusive control who was acting as the actual or ostensible agent, servant or employee of Polyclinic Hospital. 29. The event causing injury to Cheryl Gobin was of a kind which ordinarily does not occur in the absence of negligence on the part of the person responsible for installing the intravenous line. 30. Polyclinic Hospital, acting by and through its agent, servant or employee, was negligent in the performance of its duties and caused the injuries suffered by Cheryl Gobin as described above. 31. As a direct and proximate result of Defendant's negligence as described above, Plaintiffs have suffered the injuries and expenses alleged above. WHEREFORE, Plaintiffs demand judgment in their favor and against the Defendant in an amount in excess of $25,000.00 and in an amount in excess of the limits for compulsory arbitration, together with interest and costs. COUNT II SCOTT GOBIN v. PINNACLE HEALTH SYSTEM LOSS OF CONSORTIUM 32. Paragraphs one through thirty-one are incorporated herein by reference as though set forth at length. 33. As a direct and proximate result of the negligence of the Defendant, acting by and 6 through its actual or ostensible agent as referenced above, Scott Gobin has been deprived of the care, companionship and services of his wife, Cheryl Gobin, for all of which damages are claimed. 34. As a direct and proximate result of the negligence of the Defendant as described above, Scott Gobin has incurred medical expenses, inconvenience and lost earnings for the care of his wife, for all of which damages are claimed. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant in and amount in excess of $25,000.00 and in excess of the amount requiring compulsory arbitration together with costs and interest. COUNT III CHERYL and SCOTT GOBIN v. PINNACLE HEALTH SYSTEM CORPORATE NEGLIGENCE 35. Paragraphs one through thirty-four are incorporated herein by reference as though set forth at length. 36. Defendant had a duty to ensure its patient's safety and well-being while in the hospital. 37. Polyclinic Hospital is liable to the Plaintiffs under the corporate negligence doctrine, for the injuries and damages alleged herein which were directly and proximately caused by its negligence with respect to Cheryl Gobin by: a) failing to have adequate equipment reasonably necessary to properly install intravenous lines; b) failing to select and retain competent nurses with regard to the installation of intravenous lines; c) failing to oversee its nursing staff with regard to its competency and ability to properly install intravenous lines; d) failing to institute appropriate and proper training and/or evaluation of its 7 nursing staffwith regard to the proper means and methods of installing intravenous lines; e) failing to formulate, adopt and/or implement adequate and appropriate rules or regulations pertaining to the installation and monitoring of intravenous lines; and f) failing to formulate, adopt and/or implement rules or regulations pertaining to when an IV Team should be called upon to inspect and/or evaluate an intravenous line in a patient. 38. Polyclinic Hospital had actual or constructive knowledge of the defects and/or inappropriate procedures described above, which fell below the standard of care and created the harm caused Plaintiffs. 39. The negligence of Polyclinic Hospital as set forth above was a substantial factor in bringing about the harm and damages suffered by Cheryl and Scott Gobin. 40. As a direct and proximate result of the negligence of Polyclinic Hospital, Plaintiffs suffered the injuries and damages alleged above, for all of which damages are claimed. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant in an amount in excess of $25,000.00 and in an amount in excess of the limits requiring compulsory arbitration together with costs and interest. COUNT IV SCOTT GOBIN v. PINNACLE HEALTH SYSTEMS LOSS OF CONSORTIUM 41. Paragraphs one through forty are incorporated herein by reference as though set forth at length. 42. As the direct and proximate result of the negligence of Polyclinic Hospital as set forth hereinabove, Scott Gobin has been deprived of the care, companionship and services of his wife, Cheryl Gobin, for all of which damages are claimed. 8 43. As a direct and proximate result of the negligence of Polyclinic Hospital as described above, Scott Gobin has incurred medical expenses, inconvenience, and lost earnings for the care of his wife, for all of which damages are claimed. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant in an amount in excess of $25,000.00 and in an amount in excess of the limits requiring compulsory arbitration together with interest and costs. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~ David A. Baric, Esquire ID#44853 I 7 West South Street Carlisle, P A 17013 (717) 249-6873 Attorney for Plaintiffs 9 VERIFICATION We, Cheryl Gobin and Scott Gobin, do hereby swear and affirm that the facts and matters set forth in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. We understand that the statements made therein are made subject to the penalties of 19 Pa.C.S. ~4904 relating to unsworn falsification to authorities. /;:" ./ Date: yl;4!cJ~ Date: y!.)ti/tJ 2- ----.-.--...... ".""_..._-.~." . 'U"'-h_'V.c_.~..._L""..._,..".__..."~~.,, ,__ j.... , CHERYL L. GOBIN and SCOTT 1. GOBIN, husband and wife, Plaintiffs, v. PINNACLE HEALTH SYSTEM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-2836 CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED I hereby certify that on August 3 () CERTIFICATION OF SERVICE , 2002, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the COMPLAINT, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Date: August.:5o ,2002 dab/litigation/gobin/complaint Todd B. Narvol, Esquire Dilworth Paxson, LLP 305 North Front Street Harrisburg, Pennsylvania 17101 ~u David A. Baric, Esquire Attorney for Plaintiff CHERYL L. GOBIN and SCOTT I. GOBIN, husband and wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : NO. 2002-2836 CIVIL TERM v. PINNACLE HEALTH SYSTEM, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED 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 an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cwnberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 CHERYL 1. GOBIN and SCOTT 1. GOBIN, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2002- 2836 CIVIL TERM vs. CIVIL ACTION-LAW PINNACLE HEALTH SYSTEM, Defendant REPLY TO NEW MATTER NOW, come Plaintiffs, Cheryl 1. Gobin and Scott 1. Gobin, by and through their attorneys, O'BRIEN, BARIC & SCHERER, and file the within Reply to New Matter and, in support thereof, set forth the following: 44. Plaintiffs incorporated by reference paragraphs one through forty-three oftheir complaint as though set forth at length. 45. Denied. To the contrary, Defendant, its agents and employees were negligent. 46. These averments constitute conclusions oflaw and no response is required. To the extent a response may be required, the averments are denied. 47. These averments constitute conclusions of law to which no response is required. To the extent a response may be required, the averments are denied. 48. Denied. To the contrary, Defendant, its agents, representatives and employees were negligent in providing care to the Plaintiff and the negligent acts of the Defendant, its agents, representatives and employees were the direct and proximate cause of the injuries sustained. 49. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore, denied. 50. Denied. To the contrary, the acts of Defendant, its employees, representatives and agents were the direct and proximate cause of the injuries sustained by Plaintiffs. 51. Denied. To the contrary, the acts of Defendant, its employees, representatives and agents were the direct and proximate cause of the injuries sustained by Plaintiffs. 52. Denied, To the contrary, the acts of Defendant, its employees, representatives and agents were the direct and proximate cause of the injuries sustained by Plaintiffs. 53. These averments constitute conclusions of law to which no response is required. To the extent a response may be required, it is denied that any such defenses are applicable. 54. These averments constitute conclusions of law to which no response is required. To the extent a response may be required, it is denied that any such defenses are applicable. 55. These averments constitute conclusions of law to which no response is required. To the extent a response may be required, it is denied that Plaintiff caused any delay as stated. 56, Denied. To the contrary, had the facilities and equipment been safe and adequate, Plaintiff would not have suffered the injuries complained of. 57. Denied. To the contrary, had the employees, agents and representatives of Defendant been trained, selected and competent, Plaintiffs would not have suffered the injuries incurred. 58. Denied. To the contrary, had Defendant reasonably overseen its agents, representatives and employees practicing nursing, the Plaintiffs would not have suffered the injuries incurred. 59. Denied. To the contrary, had Defendant formulated, adopted and enforced adequate rules and policies to ensure quality care for its patients, Plaintiffs would not have suffered the injuries incurred. WHEREFORE, Plaintiffs request judgment in their favor and against the Defendant as set forth in the complaint of Plaintiffs. Respectfully submitted, ~!tR David A. Baric, Esquire LD. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs dab.dir/genlitlgobin/newmatter.rep II VERIFICATION The statements in the foregoing Reply To New Matter are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsifications to authorities. DATE: 16/2.-f?1~'L C;:~;;L Scott 1. Gobin (1Ju~1fA, ') . . Cheryl 1. Gobm CHERYL L. GOBIN and SCOTT 1. GOBIN, husband and wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : NO. 2002-2836 CIVIL TERM v. pINNACLE HEALTH SYSTEM, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I hereby certify that on October 25, 2002, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy ofthe REPLY TO NEW MATTER, by first class U .S, mail, postage prepaid, to the party listed below, as follows: Todd B. Narvol, Esquire Dilworth paxson, LLP 305 North Front Street Harrisburg, Pennsylvania 17101 David A. Baric, Esquire Attorney for Plaintiff Date: October 25, 2002 o c ?: "TJ CI~ n~('u ::--::: :~': Zl (!~. ~-; '-';p' j:~:~ -C1 / -, C, r...) ~~? . C) ~,.~) ..-i ~" <..': -,:: .., ~ ;"[ , :..'1 c..) '.TI -< Todd B. Narvol, Esquire Identification Number: 42136 Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7133 Attorneysfor Pinnacle Health System CHERYL L. GOBIN and SCOTT I. GOBIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2836 PINNACLE HEALTH SYSTEM, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED To: Cheryl and Scott Gobin c/o David A. Baric, Esquire 17 W. South Street Carlisle, PA 17013 NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within twenty (20) days of service hereof or the relief requested may be entered against you. THOMAS, THOMAS & HAFER, LLP By: ~M~ Todd B. Narvol I.D. No. 42136 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Date: 10/7/01- Todd B. Narvol, Esquire Identification Number: 42136 Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PAl 7 1 08-0999 (717) 237-7133 Attorneysfor Pinnacle Health System CHERYL L. GOBIN and SCOTT I. GOBIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-2836 PINNACLE HEALTH SYSTEM, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, Defendant Pinnacle Health System, by and through its attorneys, Thomas, Thomas & Hafer LLP, file this Answer and New Matter to Plaintiffs' Complaint, and in support thereof set forth the following: 1. Admitted on information and belief. 2. Denied. Defendant Pinnacle Health System is a Pennsylvania non-profit corporation with a principal place of business at the Pinnacle Health South Gate Building, 409 S. Second Street, Harrisburg, P A 17105-8700. 3. Admitted. 4. Admitted on information and belief. 5. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 4, and proof thereof is demanded. 6. Admitted upon information and belief. 7. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters averred in paragraph 7 of the Complaint, and proof thereof is demanded. Beyond this, Defendants deny pursuant to Pa.R.Civ.P. 1029(e) the Plaintiffs characterization of the pain she felt. 8. Defendant is without knowledge or infonnation sufficient to fonn a belief as to the truth of the matters averred in Paragraph 8 of the Complaint and proof thereof is demanded. 9. Admitted upon infonnation and belief. 10. Admitted that a nurse entered the room to administer morphine through the intravenous line but added that the Plaintiff was under the continued watch of a nurse or nurses both prior to and after that time. Plaintiff's characterization of pain is denied pursuant to Pa.R.Civ.P. 1029(e). 11. Denied as stated but admitted that the "IV team" was asked to attend to the Plaintiff. 12. Denied as stated. Admitted that the IV team did restart the IV at a different location. 13-15. Denied pursuant to Pa.R.Civ.P. 1029(e). 16. Defendant is without knowledge or infonnation sufficient to fonn a belief as to the truth of the matters averred relating to subsequent treatment. 16(a-t). Denied pursuant to Pa.R.Civ.P. 1029(e). 17. Defendant is without knowledge or infonnation sufficient to fonn a belief as to the truth of the avennents relating to advice sought and received by Plaintiff from other healthcare providers. Denied pursuant to Pa.R.Civ.P. 1029(e) any allegation or implication that Plaintiffwas injured as a result of the negligence or other fault of Defendant or any of its employees or agents. 18-22. Denied pursuant to Pa.R.Civ.P. 1 029( e). 2 COUNT I-CHERYL & SCOTT GOBIN v. PINNACLE HEALTH SYSTEM NEGLIGENCE 23. Defendant incorporates by reference as though fully set forth herein the avennents and denials contained in Paragraphs I through 22 of this Answer and New Matter. 24. Denied as stated. Admitted that Plaintiff was a patient at Polyclinic between June 22,2000 and June 25, 2000. 25. Admitted. 26. Denied as a conclusion of law to which no response is required. Denied further pursuant to Pa.R.Civ.P. 1029(e). 27. Denied pursuant to Pa.R.Civ.P. 1029(e). (a-k). Denied pursuant to Pa.R.Civ.P. 1029(e). 28. Denied as a conclusion of law to which no response is required. Beyond this, it is noted that Paragraph 28 does not make logical sense, and is denied for that reason as well. 29. Denied as a conclusion of law to which no response is required, and denied pursuant to Pa.R.Civ.P. 1029(e). Further, it is denied that the negligent acts of Defendant or any of its employees or agents caused Plaintiff s alleged irUuries and conditions if any. 30. Denied pursuant to Pa.R.Civ.P. 1029(e). 31. Denied pursuant to Pa.R.Civ.P. 1029( e). WHEREFORE, Defendant demands judgment in its favor, together with all applicable Court costs. 3 COUNT II-SCOTT GOBIN v. PINNACLE HEALTH SYSTEM LOSS OF CONSORTIUM 32. Defendant incorporates by reference as though fully set forth herein the averments and denials contained in Paragraphs I through 31 of this Answer and New Matter. 33-34. Denied pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Defendant demands judgment in its favor, together with all applicable Court costs. COUNT III-CHERYL AND SCOTT GOBIN v. PINNACLE HEALTH SYSTEM CORPORATE NEGLIGENCE 35. Defendant incorporates by reference as though fully set forth herein the averments and denials contained in Paragraphs I through 34 of this Answer and New Matter. 36. Denied as a conclusion of law to which no response is required, and pursuant to Pa.R.Civ.P. 1029(e). 37. Denied pursuant to Pa.R.Civ.P. 1029(e). (a-f). Denied pursuant to Pa.R.Civ.P. 1029(e). 38-40. Denied pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Defendant demands judgment in its favor, together with all applicable Court costs. COUNT IV-SCOTT GOBIN v. PINNACLE HEALTH SYSTEM LOSS OF CONSORTIUM 41. Defendant incorporates by reference as though fully set forth herein the averments and denials contained in Paragraphs I through 40 of this Answer and New Matter. 4 42-43. Denied pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Defendant demands judgment in its favor, together with all applicable Court costs. NEW MATTER 44. Defendant incorporates by reference as though fully set forth herein the averments and denials contained in Paragraphs 1 through 43 of this Answer & New Matter. 45. Neither Defendant nor any of its employees or agents was negligent in any way. 46. To the extent that discovery may support these affirmative defenses, Defendant pleads the affirmative defenses of consent, accord and satisfaction, offset, award and arbitration, release, waiver, estoppel and statute oflimitations. 47. At no time relevant hereto was any other natural person, partnership, corporation or other legal entity acting or serving as an agent, servant, employer or otherwise for on behalf of Defendant. 48. All care and treatment rendered to Plaintiff by the employees, agents, parent agents, and/or servants of Defendant was at all times appropriate, reasonable and within the required standards of medical care and did not cause any injury or damage to Plaintiff. 49. Insofar as the Defendant or any person for whom it is or may be vicariously liable, elected a treatment modality which is recognized as proper, but may differ from another appropriate treatment modality, then Answer Defendant raises the "two schools of thought" defense. 50. Neither the actions of Defendant or its employees or agents was a substantial factor in causing Plaintiff's alleged injuries or medical condition, if any. 5 5 I . Whatever injuries and damages, if any, sustained by Plaintiff as averred in the Complaint were not caused by the conduct or negligence of Defendant or any of its agents or employees, but were caused, in whole or in part, or were contributed to by pre-existing medical conditions of Plaintiff, beyond the control of Defendant, and therefore, Plaintiff may not recover against Defendant. 52. Any acts or omissions of Defendant alleged to constitute negligence were not substantial factors contributing to the injuries and damages alleged in Plaintiff's Complaint. 53. Answering Defendant asserts all defenses and immunities afforded under the Healthcare Services Malpractice Act, as amended. 54. Defendant raises all affirmative defenses of the Medical Care Availability and Reduction of Error (Mcare) Act, a!kIa Act I3 of2002 as a limitlbar to Plaintiff's claims. 55. If there is ajudicial determination that Pa.R.C.P. 238 is constitutional, with said constitutionality being expressly challenged as being in violation of Due Process and Equal Protection Clauses of the 14th Amendment of the United States Constitution, 42 U.S.c. ~~1983, Article I, Sections 1,6, I 1,25, and Article V, Section IO(c) of the Pennsylvania Constitution, then any and all liability for interest imposed by the Pennsylvania Rilles of Civil Procedure should be suspended during any such period of time that Plaintiff: (a) failed to convey to answering Defendant a settlement figure; (b) delayed in responding to any Interrogatories as properly served; (c) delayed in responding to any request for production of documents and/or things as properly served; (d) delayed in producing Plaintiff for deposition following proper service of notice of deposition upon Plaintiff and/or their counsel; 6 (e) delayed in producing Plaintiff for physical examination upon proper notice; or (f) delayed in any other manner relating the discovery requests properly made by Defendant Pinnacle. 56. Defendant used reasonable care in the maintenance of safe and adequate facilities and equipment. 57. Defendant selected, trained and retained competent nurses and physicians. 58. Defendant reasonably oversaw all persons who practiced medicine and nursing within its walls as to patient care. 59. Defendant formulated, adopted and enforced adequate rules and policies to ensure quality care for patients. WHEREFORE, Defendant demands judgment in its favor together with ail applicable Court costs. Respectfully submitted, Thomas, Thomas & Hafer, LLP by _~~ Todd B. Narvol, J.D. No. 42136 305 N. Front Street POB 999 Harrisburg, PAl 7108-0999 Date: lV 11 I 'P V 7 VERIFICATION I, Robert Gabler, hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. /O/J/O';"'- . Date: -;4vt ;kt Robert Gabler CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following; David A. Baric, Esquire 17 W. South Street Carlisle, P A 17013 Thomas, Thomas & Hafer, LLP by Date: IDf 7/ () L-- ~~ Todd B. Narvol, I.D. No. 42136 305 N. Front Street POB 999 Harrisburg, P A 17108-0999 0 a " '. c: r<J " 7..... '.J v ,. -, n-: -~ ~.. :'0 0' ill '" ~j: --") ",: ~ C-j ).:-~ c..:. 1',J ... , ..... " --I cr-; =< -, CHERYL L. GOBIN and SCOTT I. GOBIN, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs NO. 2002- 2836 CIVIL TERM vs. CIVIL ACTION-LAW PINNACLE HEALTH SYSTEM, Defendant PLAINTIFFS MOTION TO COMPEL DISCOVERY FROM DEFENDANT AS TO PLAINTIFFS FIRST SET OF INTERROGATORIES 1. Plaintiffs, Cheryl L. Gobin and Scott I. Gobin, bring this Motion pursuant to Rule 4019 and Rule 4006(a) of the Pennsylvania Rules of Civil Procedure which authorizes this Court to compel Defendants to file full and complete responses to Plaintiffs. Interrogatories. 2. On or about February 5, 2003, Plaintiffs served upon Defendants, Plaintiffs Interrogatories Directed To Defendant. 3. A true and correct copy of Plaintiffs' Interrogatories is attached as Exhibit "A" and is incorporated by reference. 6. Pursuant to Rule 4006 (a) (2), answers to the Interrogatories were due on or about March 7,2003. 7. More than thirty (30) days passed after the date of service of the Interrogatories without objections or a motion for protective order being filed by the Defendants. I' WHEREFORE, Plaintiffs respectfully request the Court to : 1. Compel Defendant to file and serve full and compete rt~sponses to the Interrogatories of Plaintiffs. Respectfully submitted, O'BRIEN, BARIC AND SCHE ~V~: David A. Baric, Esquire Pa LD. 44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 dab.dirllitigation/gobin/compel.mot CERTIFICATE OF SERVICI~ I hereby certify that on AprilA, 2003, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of Plaintiffs Motion To Compel Discovt:ry From Defendant As To Plaintiffs First Set Oflnterrogatories, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Todd B. Narvol, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, Pennsylvania 17108 ~v ~~;1, David A. Baric, Esquire CHERYL L. GOBIN and SCOTT I. GOBIN, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. NO. 2002- 2836 CIVIL TERM CIVIL ACTION-LAW PINNACLE HEALTH SYSTEM, Defendant PLAINTIFFS INTERROGATORIES DIRECTED TO DEFENDANT TO: Pinnacle Health System c/o Todd B. Narvol, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, Pennsylvania 17108 PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of Civil Procedure 4009.1, to file the original and serve upon the wldersigned a copy of your Answers and Objections, if any, in writing and under oath, to the following InteJrrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserte:d in the spaces provided. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. These shall be deemed to be continuing Interrogatories. If between the time of filing your Answers and the time of trial of this matter, you, or anyone acting on your behalf, learn of any further information not contained in your Answers, or if you learn that any information set forth in your Answers is or has become inaccurate or incorrect, you shall promptly file and serve supplemental answers. EXHIBIT "A" DEFINITIONS A. The term "document" as used herein shall mean the original and any copy, marked up copy, revision, amendment, modification, non-identical copy and/or draft, or any written, printed, typed, drawn or other graphic matter of any kind or nature, however, produced or reproduced, whether or not sent or received, including without limitation; memoranda, reports, computations, estimates, communications, financial reports or statements, notes, transcripts, letters, correspondence, intra or inter office communications, envelopes, telegrams, cables, telephone messages, messages, emails, electronic transmissions, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, minutes, notes, notations, tabulations, studies, analyses, reports, evaluations, projection, work papers, summaries, journals, statistical records, calendars, appointment books, diaries, plans, drawings, blue prints, modules, specifications, data, sketches, maps, boring logs, soil t,ests, soil charts, soil reports, sketch books, quantity books, material books, time log sheets, purchasl~ orders, invoices, checks, receipts, payroll records, summaries or records of meetings or conferences, minutes or tape recordings of meetings or conferences, summaries or reports of investigations, opinions or reports of consultants, questionnaires, surveys, charts, graphs, books, notebooks, note charts, articles, magazines, newspapers, booklets, circulares, bulletins, press releases" noti,:es, instructions, manuals, photographs, schedules, network diagrams, bar-charts, line-charts, motion picture film, microfilms, photographs, tapes or other recordings, punch charts, computer progranls, magnetic tapes, discs, data cells, drums, printout and other data computations from which information can be obtained, and marginal comments appearing on any documents, and all other writings in the possession, custody or control of Plaintiffs or their agents, officers, employees or attorneys. B. "Defendant" means Pinnacle Health System. C. "Person" or "Persons" shall mean any natural individual or corporation, fIrm, partnership, proprietorship, association, joint venture, governmental entity or any other business or government organization. D. "Meeting" shall mean any assembly, convocation, encounter or coincidence of two or more persons for any purpose, whether or not planned, arranged or scheduled in advance. E. "Communication" shall mean any utterance made, human speech heard, overheard, or intended to be heard by any person, whether in person, by telephone, by means of sounding recording, or otherwise. F. "Identify" means: (a) When used in reference to a document, deseribe with suffIcient particularity to form the basis for a Request for Production under Pa. R.C.P. 4009, including but not limited to the date it was prepared or created, the identity of its author or originator, the type of document~, letter, telegram, chart, photograph, sound recordings, etc.), the identity of its addressee, its present location and the identity of its present custodian(s). If such document was, but is no longer, in your possession or subject to your control, state what disposition was made of it; (b) When used in reference to a natural person or business entity, "identify" means to state his or her or its full name, present or last known home address, present or last known business address, present or last known home telephone number, present or last known position or aff1liation. G. "Accident," "incident" or "occurrence" mean the transaction or occurrence or series of transactions or occurrences giving rise to the matters for which Plaintiffs are seeking damages as indicated in the Complaint. H. "You" means Pinnacle Health System, or any representative, agent, servant, officer, or employee thereof. INSTRUCTIONS If you object to the production of any documents on the grounds that the attorney-client, attorney work product or any other privilege is applicable thereto, wilh respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person who prepared or participated in the preparation of the documents; (d) Identify each person who received it; (e) Identify each person from whom the documents were received; (f) State the present location of the document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or copy thereof; and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. INTERROGATORIES 1. Please identify the individual who administered the intravenous line to Cheryl Gobin on June 22, 2000. ANSWER: 2. Please identify all members of the IV Team which replaced the intravenous line to Cheryl Gobin on June 22, 2000. ANSWER: 3. Please identify any and all policies, regulations, protocols and/or procedures which discuss, refer or relate to the installation or administration of an intravenous line to a patient of Pinnacle Health Systems which policies and/or procedures were in place or in effect as of June 22, 2000. ANSWER: 4. Was any internal investigation made by Pirmac1e Health Systems as to the administration of an intravenous line to Cheryl Gobin. ANSWER: 5. If the answer to interrogatory number 4 is in the affirmative, please describe the results or findings of the investigation. ANSWER: 6. If the answer to interrogatory number 4 is in the affirmative, please identify any and all documents which reflect, refer or relate to the investigation. ANSWER: da b.dirllitiga tion/gobin/pinnacle.int Respectfully submitted, 'BRffiN: BAFJ/!;~ David A. Baric, Esquire I.D. # 448:53 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on February 6' ,2003, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of Plaintiffs Interrogatories Directed To Defendant, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Todd B. Narvol, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, Pennsy Ivaina 17108 ~:p1? J David A. Baric, Esquire ~" c" ,,< t, ~ ~~ .... o C~ -:::, "1'~ rJ './ ~" -"- u'\ s;~ '; , -) "lJ -< CHERYL L. GOBIN and SCOTT I. GOBIN, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs vs. NO. 2002- 2836 CIVIL TERM :1 , PINNACLE HEALTH SYSTEM, Defendant CIVIL ACTION-LA W ORDER OF COURT AND NOW, this I ~ .. day of ~,., '/ , 2003, upon consideration of the Plaintiffs Motion To Compel Discovery From Defendants As To The Plaintiffs First Set of Interrogatories Directed To Defendant, a rule is issued upon the Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. .t, ~ ti:- (ltn Rule returnable tea (10) days from service. BY THE COURT, t~ ~~ rt>, {J-P t " . ~ ~ \ e . . ,> ~,..;,\\\QN~,E\d \-iIi"";''. ,].v' ~,..,,\1\n8 I \i\\~r{~\' : ,"',";";-:'1" f\cU -, ' , LU :1'\ '>~ C, \ j'j " Todd B. Narvol, Esquire Identification Number: 42136 Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, P A 17108-0999 (717)237-7133 Attorneys for Pinnacle Health System CHERYL L. GOBIN and SCOTT J. GOBIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-2836 PINNACLE HEALTH SYSTEM, Defendant CIVIL ACTION -. LAW nJRY TRlAL DEMANDED DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTION TO COMPEL DISCOVERY 1-3,6-7. Defendant admits that Plaintiff served Interrogatories and that Defendant did not file responses within 30 days. Moreover, Plaintiffs' counsel filed the motion to compel without contacting counsel for Defendant. In any event, Defendant served full Interrogatory Answers on Plaintiff on April 29, 2003. A true and correct copy ofthose responses is attached hereto as Exhibit "A." WHEREFORE, the Defendant respectfully requests Your Honorable Court to deny the motion to compel as moot. Respectfully submitted, Thomas, Thomas & Hafer, LLP by 0....11 Q ~'PJy- Todd B. Narvol, J.D. No. 42136 305 N. Front Street POB 999 Harrisburg, PAl 71 08-0999 Date:~l JO {o J c, CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: David A. Baric, Esquire 17 W. South Street Carlisle, PA 17013 Thomas, Thomas & Hafer, LLP by ~v Date: *+) Todd B. Narvol, J.D. No. 42136 305 N. Front Street POB 999 Harrisburg, PAl 71 08-0999 THOMAS. THOMAS & HAFER LLP ATTORNEYS AT LAW 305 North Front Street, P.O. Box 999, Harrisburg, P A 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 April 29, 2003 David A. Baric, Esquire 17 W. South Street Carlisle, P A 17013 Re: Gobin v. Pinnacle Health Dear Mr. Baric: Todd B. Narvol (717) 237-7133 tbn@tthlaw.com Enclosed are Defendant's Answers to Plaintiffs' Interrogatories Directed to Defendant. Thank you for your attention to this matter. Very truly yours, Thomas, Thomas & Hafer, LLP bY~ T~v~.~arvOI TBNlkar Todd B. Narvol, Esquire Identification Number: 42136 Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 Attorneys for Pinnacle Health System CHERYL L. GOBIN and SCOTT I. GOBIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2836 v. CIVIL ACTION - LAW PINNACLE HEALTH SYSTEM, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWERS TO PLAINTIFFS' INTERROGATORIES DIRECTED TO DEFENDANT TO: Pinnacle Health System c/o Todd B. Narvol, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, Pennsylvania 17108 PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of Civil Procedure 4009. 1, to file the original and serve upon the undersigned a copy of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces provided. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. These shall be deemed to be continuing Interrogatories. If between the time of filing your Answers and the time of trial of this matter, you, or anyone acting on your behalf, learn of any further information not contained in your Answers, or if you team that any information set forth in your Answers is or has become inaccurate or incorrect, you shall promptly file and serve supplemental answers. DEFINITIONS A. The term "document" as used herein shall mean the original and any copy, marked up copy, revision, amendment, modification, non-identical copy and/or draft, or any written, printed, typed, drawn or other graphic matter of any kind or nature, however, produced or reproduced, whether or not sent or received, including without limitation; memoranda, reports, computations, estimates, communications, financial reports or statements, notes, transcripts, letters, correspondence, intra or inter office communications, envelopes, telegrams, cables, telephone messages, messages, emails, electronic transmissions, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, minutes, notes, notations, tabulations, studies, analyses, reports, evaluations, projection, work papers, summaries, journals, statistical records, calendars, appointment books, diaries, plans, drawings, blue prints, modules, specifications, data, sketches, maps, boring logs, soil tests, soil charts, soil reports, sketch books, quantity books, material books, time log sheets, purchase orders, invoices,' checks, receipts, payroll records, summaries or records of meetings or conferences, minutes or tape recordings of meetings or conferences, summaries or reports of investigations, opinions or reports of consultants, questionnaires, surveys, charts, graphs, books, notebooks, note charts, articles, magazines, newspapers, booklets, circulares, bulletins, press releases, notices, instructions, manuals, photographs, schedules, network diagrams, bar-charts, 2 line-charts, motion picture film, microfilms, photographs, tapes or other recordings, punch charts, computer programs, magnetic tapes, discs, data cells, drums, printout and other data computations from which information can be obtained, and marginal comments appearing on any documents, and all other writings in the possession, custody or control of Plaintiffs or their agents, officers, employees or attorneys. B. "Defendant" means Pinnacle Health System. C. "Person" or "Persons" shall mean any natural individual or corporation, firm, partnership, proprietorship, association, joint venture, governmental entity or any other business or government organization. D. "Meeting" shall mean any assembly, convocation, encounter or coincidence of two or more persons for any purpose, whether or not planned, arranged or scheduled in advance. E. "Communication" shall mean any utterance made, human speech heard, overheard, or intended to be heard by any person, whether in person, by telephone, by means of sounding recording, or otherwise. F. "Identify" means: (a) When used in reference to a document, describe with sufficient particularity to form the basis for a Request for Production under Pa. R.C.P. 4009, including but not limited to the date it was prepared or created, the identity of its author or originator, the type of document (e.g., letter, telegram, chart, photograph, sound recordings, etc.), the identity of its addressee, its present location and the identity of its present custodian(s). If such document was, but is no longer, in your possession or subject to your control, state what disposition was made of it; (b) When used in reference to a natural person or business entity, "identify" means to state his or her or its fall name, present or last known home address, present or last known business address, present or last known home telephone number, present or last known position or affiliation. 3 G. "Accident," "incident" or "occurrence" mean the transaction or occurrence or series of transactions or occurrences giving rise to the matters for which Plaintiffs are seeking damages as indicated in the Complaint. H. "You" means Pinnacle Health System, or any representative, agent, servant, officer, or employee thereof. INSTRUCTIONS If you object to the production of any documents on the grounds that the attorney-client, attorney work product or any other privilege is applicable thereto, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person who prepared or participated in the preparation of the documents; (d) Identify each person who received it; (e) Identify each person from whom the documents were received; (f) State the present location of the document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or copy thereof, and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. 4 INTERROGATORIES 1. Please identify the individual who administered the intravenous line to Cheryl Gobin on June 22, 2000. ANSWER: Cindy Dietrich, R.N. placed the initial line around 6:00 a.m. Petronella Verhoog, B.S.N. administered the morphine pump around 10:15 a.m. Sally Wagner, R.N. is the member of the IV team who placed the smaller line around 10:40 a.m. 2. Please identify all members of the IV Team which replaced the Intravenous line to Cheryl Gobin on June 22, 2000. ANSWER: Sally Wagner, R.N. is the member of the IV team who placed the smaller line around 10:40 a.m. 5 3. Please identify any and all policies, regulations, protocols and/or procedures which discuss, refer or relate to the installation or administration of an intravenous line to a patient of Pinnacle Health Systems which policies and/or procedures were in place or in effect as of June 22, 2000. ANSWER: The following documents discuss, refer, or relate to IV lines at Pinnacle and were in effect as of June 22, 2000: Pinnacle Health System Introduction to Intravenous Therapy for the R.N., G.N. and L.P.N., On the Road to Successful I.V. Starts, CE Connection: Mapping Out A Plan, CE Connection: Applying a Toumiquet, CE Connection: How to Approach the Vein , CE Connection: Immobilizing the Vein, CE Connection: Special Consideration for Deep Veins, CE Connection: Troubleshooting Tips, CE Connection: Taping with the Chevron Method, IV Therapy Quiz for RNs, GNs and LPNs, Pinnacle Health System Competency Assessment Program. Defendant is checking into whether there are more such documents and reserve the right to supplement this answer. 4. Was any internal investigation made by Pinnacle Health Systems as to the administration of an intravenous line to Cheryl Gobin. ANSWER: Mrs. Gobin contacted the Patient Representative department. The Patient Representative department did follow-up on her complaints. 5. If the answer to interrogatory number 4 is in the affirmative, please describe the results or findings of the investigation. ANSWER: File closed on January 11, 2001, after no further response from Ms. Gobin. 6 6. If the answer to interrogatory number 4 is in the affirmative, please identify any and all documents which reflect, refer or relate to the investigation. ANSWER: The Department has a file which consists of a case form including "work notes," and various e-mails between the Patient Representative office and the Risk Management office at Pinnacle. Respectfully submitted, Thomas, Thomas & Hafer, LLP bY~~ Todd B. Narvol, Esquire I.D.No.42136 305 N. Front Street, PO Box 999 Harrisburg, PA 17108-0999 .. Date: ~l ~q l 0)> 7 V E R I FIe A T ION I, Robert Gabler, do hereby verify that the statements made in Answers to Plaintiffs' Interrogatories Directed to Defendant are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. ~4904 relating to unsworn falsification to authorities. A?t )/~ Robert Gabler DATED: i/Ail-}.J I CERTIFICATE OF SERVICE I, Todd B. Narvol, Esquire, hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, t1.- postage prepaid, at Harrisburg, Pennsylvania, on the Z~ day of April, 2003, on counsel of record as follows: David Baric, Esquire O'Brien, Baric & Scherer 17 W. South Street Carlisle, PA 17013-3432 -~~ Todd B. Narvol, Esquire --..... 8 o C lj~~ n,(i i 2;:"_ Z~:."' ~2 ~~:~ ~C_ ~~~ :z :<! C' L",-' :~ l::'~ o .1 -~,';:: r".' 9 -r; (-:s :~:. nl -,.-t ;;,;:~; =< :'.!l CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CHERYL L. GOBIN AND SCOTT I. GOBIN TERM, -VS - CASE NO: 02-2836 PINNACLE HEALTH SYSTEM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 '\ MCS on behalf of TODD B. NARVOL, 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 objeetion 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: 08/04/2003 OrY;JJJl!.e a f of ~~ODD B. NARVOL, SQ. Attorney for DEFENDANT DEll-434988 02794-LO~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: CHERYL L. GOBIN AND SCOTT I. GOBIN COURT OF COMMON PLEAS TERM, -VS- CASE NO: 02-2836 PINNACLE HEALTH SYSTEM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTs AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TODD SAMUELS, M,D. MEDICAL RECORDS ORTHOPAEDIC INSTITUTE OF PA MEDICAL RECORDS JOHN STRATIS, M.D. MEDICAL RECORDS ALEXANDER SPRING REHAB, INC. MEDICAL RECORDS ROBERT BUCHER, M.D. MEDICAL RECORDS '\ FREDERICKSON OUTPATIENT MEDICAL RECORDS . TO: DAVID A, BARIC, ESQ. MCS on behalf of TODD B. NARVOL, 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: 07/15/2003 MCS on behalf of CC: TODD B. NARVOL, ESQ. TODD B. NARVOL, ESQ. Attorney for DEFENDANT - 212-21040 Any questions regarding this matter, contact THE MCS GROUP INC, 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-234881 02794-COl COMMONWEALTH OF PENNSYLVANIA CHERYL L. GOBIN and SCOTT I. GOBIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. PINNACLE HEALTH SYSTEM, Defendant NO. 02-2836 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Todd L. Samuels, M.D., Neurology Center, P.C., 897 Poplar Church Road. Camp Hill, PA 17011 (Name of Person or Entity) Within tNenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things; Copies of ALL medical records for Cheryl Gobin (SSN: 164-46-7109, DOB: 05-17-69), including but not limited to correspondence, reports, diagnostic test results, bills and records of other health care providers at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Strl:';et, P.O. Box 999, Harrisburg, PA 17108 '\ . (Address) You may deliver or mail legible copies 01 the documents or produce lI1ings requested by lI1is subpoena. togedler with lI1e certificate 01 compliance. to the party making lI1is request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies ur producing the things sought. If you fail to produce the documents or lI1ings required by lI1is subpoena. will1in twenty (20) days after its serv,ce, lI1e 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: Todd B. Narvol. Esouire AODRESS 305 N. Front Street. P.O. Box 999 Harrisburo. PA 17108 TELEPHONE: (717) 237-7133 SUPREME COURT ID No: 42136 ATTORNEY FOR Defendant Pinnacle Health Svstem DATE: /lLtl..~;). 100,1 Seal f the Court ) t i i L t( J r: 1'7c.( Prothonotary/CI rk'JII DIVISIon , Ie 'L l - 1 iL II i.,~ d-, Deputy ( , ) EXPLANA TION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TODD SAMUELS, M.D. 897 POPLAR CHURCH RD. CAMP HILL, PA 170/1 RE: 2794 CHERYL GOBIN 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: CHERYL GOBIN , . , Social Security #: 164-46-7109 Date of Birth: 05-17-1969 SUIO-453610 02794-LO~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CHERYL L. GOBIN AND SCOTT I. GOBIN COURT OF COMMON PLEAS TERM, -VS- CASE NO: 02-2836 PINNACLE HEALTH SYSTEM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 , MCS on behalf of TODD B. NARVOL, ESQ. certifies that . (1) A notice of intent to serve the subpoena >'ith 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 obj ection to the subpoena has been received, and (4) The subpoena which will be served is idenLcal to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 08/04/2003 TODD B. NARVOL, ESQ. Attorney for DEFENDANT 01111-434989 02794-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: CHERYL L. GOBIN AND SCOTT I. GOBIN COURT OF COMMON PLEAS TERM, -VS- PINNACLE HEALTH SYSTEM CASE NO: 02-2836 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTs AND THINGS FOR DISCOVERy PURSUANT TO RULE 4009.21 TODD SAMUELS, M.D. MEDICAL RECORDS ORTHOPAEDIC INSTITUTE OF PA MEDICAL RECORDS JOHN STRATIS, M_D. MEDICAL RECORDS ALEXANDER SPRING REHAB, INC. MEDICAL RECORDS ROBERT BUCHER, M.D. MEDICAL RECORDS " FREDERICKSON OUTPATIENT MEDICAL RECORDS TO: DAVID A. BARIC, ESQ. MCS on behalf of TODD B, NARVOL, 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: 07/15/2003 MCS on behalf of CC: TODD B. NARVOL, ESQ. TODD B. NARVOL, ESQ. Attorney for DEFENDANT - 212-21040 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-23488102794_COJ. COMMONWEALTH OF PENNSYLVANIA CHERYL L. GOBIN and SCOTT I. GOBIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. PINNACLE HEALTH SYSTEM, Defendant NO. 02-2836 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUA;~T TO RULE 4009.22 TO: David M. Joyner, M.D., Orthopedic Institute of Pennsylvania, 875 Poplar Church Road, Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following Oocuments or things; Copies of ALL medical records for Cheryl Gobin (SSN: 164-46-7109, DOB: 05-17-69), including but not limited to correspondence, reports, diagnostic test results, bills and records of other health care providers at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Str::et, P.O. Box 999, Harrisburg, PA 17108 '\ (Address) You may deliver or mall legible copies of the documents or produce things requested by this subpoena, taged,er 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 l)r 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 ..ek a court omer compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Todd B. Narvo!. Esauire ADDRESS 305 N. Front Street. P.O. Box 999 Harrisbura. PA 17108. TELEPHONE: (717) 237-7133 SUPREME COURT 10 No: 42136 ATTORNEY FOR: Defendant Pinnacle Health Svstem DATE: '. ".< ) j ! \4t.Li A) .. l (, j Seal ol}e Court C. l . ;' _ U l. lL) 1\' Prothonotary/Cl rk. C' il Division .... Li. Deputy I tV:; : u \. I.. C,A..(< EXPLANA TION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPAEDIC INSTITUTE OF PA 875 POPLAR CHURCH ROAD CAMP HILL, PA 1701 I RE: 2794 CHERYL GOBIN INCLUDING RECORDS FROM DAVID M. JOYNER, M.D. 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 ,my examination, diagnosis or treattnent pertaining to: Dates Requested: up to and including the present. Subject: CHERYL GOBIN , . , Social Security #: 164-46-7109 Date of Birth: 05-17-1969 81110-453612 02794-L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CHERYL L. GOBIN AND SCOTT I. GOBIN TERM, -VS- CASE NO: 02-2836 PINNACLE HEALTH SYSTEM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 '\ MCS on behalf of TODD B. NARVOL, 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 :he 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. MCS on behalf of DATE: 08/04/2003 TODD B. NARVOL, ESQ. Attorney for DEFENDANT DEll-434990 02794 -LO 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: CHERYL L. GOBIN AND SCOTT I. GOBIN COURT OF COMMON PLEAS TERM, -VS- CASE NO: 02-2836 PINNACLE HEALTH SYSTEM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTs AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TODD SAMUELS, M.D. MEDICAL RECORDS ORTHOPAEDIC INSTITUTE OF PA MEDICAL RECORDS JOHN STRATIS, M.D, MEDICAL RECORDS ALEXANDER SPRING REHAB, INC. MEDICAL RECORDS ROBERT BUCHER, M,D, MEDICAL RECORDS '\ FREDERICKSON OUTPATIENT MEDICAL RECORDS . TO: DAVID A. BARIC, ESQ. MCS on behalf of TODD B. NARVOL, 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: 07/15/2003 MCS on behalf of TODD B. NARVOL, ESQ. Attorney for DEFENDANT CC: TODD B. NARVOL, ESQ. - 212-21040 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-234881 0:2 794 -CO 1 COMMONWEAL TH OF PENNSYl.VANIA CHERYL L. GOBIN and SCOTT I. GOBIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. PINNACLE HEALTH SYSTEM, Defendant NO. 02-2836 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FO~ DiSCOVERYPUR$UANT TO RULE 4009.22 TO: John P. Stratis, M.D., Aesthetic & Reconstructive Surgery of Central Pennsylvania, P.C., 816 Belvedere Street, Carlisle, PA 17013 (Name of Person or Entity) Within t'Nenty (20) days after service of this subpoena, you are ordered by the court to produce the following dl)Cuments or things: Copies of ALL medical records for Cheryl Gobin (SSN: 164-46-7109, DOB: 05-1<'-69), including but not limited to correspondence, reports, diagnostic test results, bills and ,ecords of other health care providers at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108 '\ . (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with the certfficate 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 cr producing the things sought. if you fail to produce the documents or things required by this subpoena. within twenty (20) days after its serv.,e, the party serving this subpoena may seek a court ordor compelling you to comply 'Nith it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Deputy NAME: Todd B. Narvol, Esauire ADDRESS 305 N. Front Street. p.O Box 99~ Harrisbura. PA 17108 TELEPHONE: (717) 237.7133 SUPREME COURT ID No: 42136 ATTORNEY FOR: Defendant Pinnacle Health Svstem DATE: .) 11. J. I A;.( C (.; Seal o;Jhe Court I i., f () li. /. j' . ' I. 1\ I.. L ) ';,. . Prothonotary/clet- Civil DiVision.. f A.t rI .j /1<( i I i I 'J / I ./ <,l1 EXPLANA nON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN STRATIS, M.D. 816 BELVEDERE STREET CARLISLE, PA 17013 RE: 2794 CHERYL GOBIN 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 repons, medication! prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to ,my examination, diagnosis or treatment penaining to: Dates Requested: up to and including the present. Subject: CHERYL GOBIN , . , Social Security #: 164-46-7109 Date of Birth: 05-17-1969 SU10-453614 02794-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CHERYL L. GOBIN AND SCOTT I. GOBIN TERM, -VS- CASE NO: 02-2836 PINNACLE HEALTH SYSTEM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 , MCS on behalf of TODD B. NARVOL, 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. MCS on behalf of DATE: 08/04/2003 TODD B. NARVOL, ESQ. Attorney for DEFENDANT DEll-434991 0:2 7 94 -LO 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: CHERYL L. GOBIN AND SCOTT I. GOBIN COURT OF COMMON PLEAS TERM, -VS- PINNACLE HEALTH SYSTEM CASE NO: 02-2836 NOTICB OF INTENT TO SERVE A SUBPOENA TO PRODUCB DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TODD SAMUELS, M.D. ORTHOPAEDIC INSTITUTE OF PA JOHN STRATIS, M.D. ALEXANDER SPRING REHAB, INC. ROBERT BUCHER, M.D. MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS , FREDERICKSON OUTPATIENT MEDICAL RECORDS . TO: DAVID A. BARIC, ESQ. MCS on behalf of TODD B. NARVOL, 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 subpoen,i may be served. Complete copies of any reproduced records may be ordered at tour expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/15/2003 MCS on behalf of CC: TODD B. NARVOL, ESQ. TODD B. NARVOL, ESQ. Attorney for DEFENDANT - 212-21040 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-23488102794_COl COMMONWEALTH OF PENNSYI VANIA CHERYL L. GOBIN and SCOTT I. GOBIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. PINNACLE HEALTH SYSTEM, Defendant NO. 02-2836 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPO~NA TO PRODU,CE DOCUMENTS OR THING~ FOR DISCOVERY,PURSUANT TO RULE 4009.22 TO: Alexander Spring Rehab, One Tyler Court, Carlisle, PA 17013 (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: Copies of ALL medical records for Cheryl Gobin (SSN: 164-46-7109, DOB: 05-17-69), including but not limited to correspondence, reports, diagnostic test results, bills and records of other health care providers , . at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Str~et, P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with the certfficate 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 (lr prooucing the things sought. If you faii 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 'Nith it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Todd B. Narvol. Esquire ADDRESS 305 N. Front Street. P.O. Box 999 Harrisbura. PA 17108 TELEPHONE: (717) 237-7133 SUPREME COURT ID No: 42136 ATTORNEY FOR Defendant Pinnacle Health System DATE: I. i .J, . "" ~ .~ J Seal of ~ Court \ (tj " I , I I 'l ) Prothonotary/Clerk, Civil II l j L 7'- H" : eputy , Ie,) EXPLANA nON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALEXANDER SPRING REHAB, INC. 27 BROOK WOOD A VENUE CARLISLE, PA 17013 RE: 2794 CHERYL GOBIN Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physici;ms, 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 <my examination, diagnosis or treaUllent pertaining to: Dates Requested: up to and including the present. Subject: CHERYL GOBIN , . , Social Security #: 164-46-7109 Date of Birth: 05-17-1969 SU10-453616 02794-L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CHERYL L. GOBIN AND SCOTT I. GOBIN COURT OF COMMON PLEAS TERM, -VS - CASE NO: 02-2836 PINNACLE HEALTH SYSTEM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 , MCS on behalf of TODD B, NARVOL, 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 t.he 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. MCS on behalf of DATE: 08/04/2003 TODD B, NARVOL, ESQ. Attorney for DEFENDANT DEll-434992 0:2 794 - LOS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: CHERYL L, GOBIN AND SCOTT I. GOBIN COURT OF COMMON PLEAS TERM, -VS- CASE NO: 02-2836 PINNACLE HEALTH SYSTEM NOTICB OF INTENT TO SERVE A SUBPOENA TO PRODUCB DOCUMENTs AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TODD SAMUELS, M.D. MEDICAL RECORDS ORTHOPAEDIC INSTITUTE OF PA MEDICAL RECORDS JOHN STRATIS, M.D. MEDICAL RECORDS ALEXANDER SPRING REHAB, INC, MEDICAL RECORDS ROBERT BUCHER, 1'1,0, MEDICAL RECORDS , FREDERICKSON OUTPATIENT MEDICAL RECORDS TO: DAVID A. BARIC, ESQ. MCS on behalf of TODD B, NARVOL, 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: 07/15/2003 MCS on behalf of CC: TODD B. NARVOL, ESQ, TODD B. NARVOL, ESQ. Attorney for DEPENDANT - 212-21040 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-234881 02794-COl COMMONWEAL TH OF I~ENNSYLVANIA CHERYL L GOBIN and SCOTT I. GOBIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. PINNACLE HEALTH SYSTEM, Defendant NO. 02-2836 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOE;NA TO PRODUCE DOCUMENTS on THING~ FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Robert W. Bucher, M.D., Cumberland Valley Obstetrics & Gynecology, P.C., 9 Flowers Drive, Mechanicsburg, PA 17055 (Name of Person or Entity) Within twenty (20) days after seNiee of this subpoena, you are ordered by the court to produce the following dC1cuments or things: Copies of ALL medical records for Cheryl Gobin (SSN: 164-46-7109, DOB: 05-17-69), including but not limited to correspondence, reports, diagnostic test results, bills and ,ecords of other health Gare providers at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, HarriBburg, PA 17108 , . (Address) You may deiiver or malileglbie copies of the documents or produce things requested by this subpoena. togethur with the certificate of compliance. to the party making this request at (he 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 rali 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: DepJty NAME: Todd B. Narvol. Esauire ADDRESS 305 N. Front StreetLPO" BW99P Harrisbura. PA 17108 TELEPHONE: (7171237-7133 SUPREME COURT ID No: 42136 ATTORNEY FOR: Defendant Pinnacle Health System DATE: , ! ' ,: . i ", Seal ofhe co~rt\' " ( L i I , .' F' I . , , , , ~, f--- \ I. . . ./ j Prothonotary/CIa "'-<- " I ,_ Ie \" .- , / , , l ,t. I~ ~> ,J , "'-C' '/' ,~ 7, .; .J EXPLANA TION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ROBERT BUCHER, M.D. C/O CUMBERLAND VALLEY OBS 9 FLOWERS DRIVE MECHANICSBURG, PA 17055 RE: 2794 CHERYL GOBIN Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physici,Uls, 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 fonn, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: CHERYL GOBIN , . , Social Security #: 164-46-7109 Date of Birth: 05-17-1969 SU10-453618 0:2794-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009,22 IN THE MATTER OF: CHERYL L. GOBIN AND SCOTT I. GOBIN COURT OF COMMON PLEAS TERM, -VS- PINNACLE HEALTH SYSTEM CASE NO: 02-2836 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of , TODD B, NARVOL, 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 serv" the subpoena. MCS on behalf of DATE: 08/04/2003 TODD B. NARVOL, ESQ, Attorney for DEFENDANT DEll-434993 0:2 7 94 -LO 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: CHERYL L. GOBIN AND SCOTT I. GOBIN COURT OF COMMON PLEAS TERM, -VS- PINNACLE HEALTH SYSTEM CASE NO: 02-2836 NOTICB OF INTENT TO SERVE A SUBPOENA TO PRODUCB DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TODD SAMUELS, M.D. MEDICAL RECORDS ORTHOPAEDIC INSTITUTE OF PA MEDICAL RECORDS JOHN STRATIS, 1'1,0, MEDICAL RECORDS ALEXANDER SPRING REHAB, INC. MEDICAL RECORDS ROBERT BUCHER, 1'1.0, MEDICAL RECORDS , FREDERICKSON OUTPATIENT MEDICAL RECORDS TO: DAVID A. BARIC, ESQ, MCS on behalf of TODD B. NARVOL, 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 subpoen,i 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, 07/15/2003 MCS on behalf of CC: TODD B, NARVOL, ESQ. TODD B. NARVOL, ESQ. Attorney for DEFENDANT - 212-21040 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-234881 0:2 794 - C 01 EXPLANA TlON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: AESTHETIC & RECONSTRUCTIVE SUR 816 BELVEDRE STREET CARLISLE, PA 17013 RE: 2794 CHERYL GOBIN Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physici,ms, 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: CHERYL GOBIN , , Social Security #: 164-46-7109 Date of Birth: 05-17-1969 SU:.0-453620 0:2794-L06 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009,22 IN THE MATTER OF: COURT OF COMMON PLEAS CHERYL L. GOBIN AND SCOTT I. GOBIN TERM, -VS- CASE NO: 02-2836 PINNACLE HEALTH SYSTEM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 , MCS on behalf of TODD B. NARVOL, ESQ. certifies that . (1) A notice of intent to serve the subpoena Irith 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 ser'le the subpoena. MCS on behalf of DATE: 08/04/2003 TODD B. NARVOL, ESQ, Attorney for DEFENDANT 0:,11-434994 0:2 794 - L 07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: CHERYL L, GOBIN AND SCOTT I, GOBIN COURT OF COMMON PLEAS TERM, -VS- PINNACLE HEALTH SYSTEM CASE NO: 02-2836 NOTICB OF INTENT TO SERVE A SUBPOENA TO PRODUCB DOCUMENTS AND THINGS FOR DISCOVERy PURSUANT TO RULE 4009.21 TODD SAMUELS, 1'1.0, MEDICAL RECORDS ORTHOPAEDIC INSTITUTE OF PA MEDICAL RECORDS JOHN STRATIS, 1'1,0. MEDICAL RECORDS ALEXANDER SPRING REHAB, INC. MEDICAL RECORDS ROBERT BUCHER, 1'1,0, MEDICAL RECORDS , FREDERICKSON OUTPATIENT MEDICAL RECORDS TO: DAVID A, BARIC, ESQ. MCS on behalf of TODD B, NARVOL, 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: 07/15/2003 MCS on behalf of CC: TODD B. NARVOL, ESQ. TODD B. NARVOL, ESQ. Attorney for DEPENDANT - 212-21040 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-234881 0:2794-COl COMMONWEALTH OF PENNSYLVANIA CHERYL L. GOBIN and SCOTT I. GOBIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUf\lTY, PENNSYLVANIA v. PINNACLE HEALTH SYSTEM, Defendant NO. 02-2836 CIVIL ACTION - LAW JURY TRIAL DEMANDED ~OE;,NA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Frederickson Outpatient, 2015 Technology Parkway, Mechanicsburg, PA 1 i'055 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following d,xuments or things: Copies of ALL medical records for Cheryl Gobin (SSN: 164-46-7109, DOB: 05-17-69), including but not limited to correspondence, reports, diagnostic test results, bills and records of other health care providers at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Str.:et, P.O. Box 999, Harrisburg, PA 17108 , . (Address) You may deliver or mall ieglbie copies of the documents or Produce things requested by this subpoena. together with the certfficate 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 Cf producing the things sought. If you fall to produce the documents or things required by this subpoena. within tv.enty (20) days aner its servi,:e, 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: Todd B. Narvol, Eseuire ADDRESS 305 N. Front Street. P.O, Box 999 Harrisburo. PA 17108 TELEPHONE: (717) 237-7133 SUPREME COURT ID No: 42136 ATTORNEY FOR Defendant Pinnacle Health System DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy EXPLANA nON OF REQUlREI> RECORDS TO: CUSTODIAN OF RECORDS FOR: FREDERICKSON OUTPATIENT 2015 TECHNOLOGY PARKWAY MECHANICS BURG, PA 17055 RE: 2794 CHERYL GOBIN 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 fonn, relating to any examination, diagnosis or treaOTIent pertaining to: Dates Requested: up to and including the present. Subject: CHERYL GOBIN , . , Social Security #: 164-46-7109 Date of Birth: 05-17-1969 SU10-4536220:2794_L07 () c; 0 C c' -f't <:--: )::. 'l) ., ~""l QC ., : "j ~' I ,,':} ~~:'j '. .-J (') r:::~' ---,-~ , ':';;> -'" .,. (-) ~ m 5'; :;""? i ,-" J (.::; -< CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CHERYL L. GOBIN AND SCOTT I, GOBIN TERM, -VS- CASE NO: 02-2836 PINNACLE HEALTH SYSTEM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of TODD B. NARVOL, 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 obj ection 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: 08/25/2003 :;).CS I)n.l~:.F of ,I C-/ T~-RtR~ Attorney for DEFENDANT DEl1-440457 0:2 7 94 - L 08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :~ THS ~ATTSR OF: COURT OF COMMON PLEAS CHSRYL ~. GC3:~ ~~D SCOTT I. GOBIN TERM, -vs- CASE NO: 02-2836 PINNACLE HEALTH SYSTEM NOTICB OF INTENT TO SERVE A SUBPOENA TO PRODUCB DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULB 4009.21 JOYNER SPORTS MEDICINE MEDICAL, BILLING, AND X-RAY (S) CAROL K. ROBINSON, D.O. MEDICAL, BILLING, AND X-RAY(S) TOM COLESTOCK, D,D.S. MEDICAL, BILLING, AND X-RAY (S) THOMAS APPLEBY, 0.1'1.0. MEDICAL, BILLING, AND X-RAY(S) DR. MIKE OPLINGER MEDICAL, BILLING, AND X-RAY(S) TO: DAVID A. BARIC, ESQ. MCS on behalf of TODD B. NARVOL, 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 fjle 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 off ice, DATE: 08/05/2003 MCS on behalf of TODD B. NARVOL, ESQ. Attorney for DEFENDANT CC: TODD B. NARVOL, ESQ. - 212-21040 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-2374280:2794-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHERYL & SCOTT GOBIN VS File No. 02-2836 PINNACLE HEALTH SYSTEM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTOIAN OF RECORDS FOR: JOYNER SPORTS MEDICINE (Name of Person or Entity) Within twenty (20) days after service of this subpoena. you are ordered bv the court to produce the following documents or things: SEE ATTACJIE]j at KCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: :\lAME: TODD NARVOL , ESQ. ADDRESS: 305 NORTH FRONT ST. HARRISBURG, PA 17108 TELEPHO:\lE: 215-246-0900 Sl:PRE:-'IE COl:RT lD #: ,-\.TIOR:\IEY FOR: DEFENDANT BY i\'isiun DATE: '- Jr.)" ( ~<:"~1'Y0 , ------ .aa-..~ r? trf""4'AA"Zr- o ,ury Seal of the COl1r~ (Eff. 7/Q7) EXPLANA TION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOYNER SPORTS MEDICINE BLUE MOUNTAIN CENTER 4800 L1NGLESTOWN RD HARRISBURG, PA 17043 RE: 2794 CHERYL GOBIN Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treattnent pertaining to: Dates Requested: up to and including the present. Subject: CHERYL GOBIN , Social Security #: 164-46-7109 Date of Birth: 05-17-1969 SU10-4570480:2794-LOB CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009,22 IN THE MATTER OF: COURT OF COMMON PLEAS CHERYL L. GOBIN AND SCOTT I. GOBIN TERM, -VS - CASE NO: 02-2836 PINNACLE HEALTH SYSTEM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of TODD B. NARVOL, 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. MCS on behalf of DATE: 08/25/2003 TODD B. NARVOL, ESQ. Attorney for DEFENDANT DEll-440458 0:2 7 94 -LO 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I~ ~2~ YATT~R OF: COURT OF COMMON PLEAS CH~RYL ~. GC3:~ ~~J SCOTT I. GOBIN TERM, -VS- CASE NO: 02-2836 P:~NACLo "EALTH SYSTEM NOTICB OF INTENT TO SERVE A SUBPOENA TO PRODUCB DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULB 4009.21 JOYNER SPORTS MEDICINE CAROL K. ROBINSON, 0.0, TOM COLESTOCK, D.D.S. THOMAS APPLEBY, 0.1'1.0. DR. MIKE OPLINGER MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) TO: DAVID A. BARIC, ESQ. MCS on behalf of TODD B. NARVOL, 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: 08/05/2003 MCS on behalf of TODD B. NARVOL, ESQ. Attorney for DEFENDANT CC: TODD B. NARVOL, ESQ. - 212-21040 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 13103 (215) 246-0900 DE02-237428 0:2794-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHERYL & SCOTT GOBIN VS File No. 02-2836 PINNACLE HEALTH SYSTEM SUBPOENA TO PRODUCE DOCUME;-.ITS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTOIAN OF RECORDS FOR: CAROL KOWITSKI ROBISON, D.O. (Nam!! of Per50n or Entity) Within twenty (ZO) days after service of this subpoena, you are ordered bv the court to produce the following documents or things: SEE ATTACHEIl at KCS GROUP INC., 1601 MARKET ST., #800, PHILA. LPA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (10) 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 PERSO:-i: :-;.-\:I<IE: TODD NARVOL , ESO. ,-\DDRESS: 305 NORTH FRONT ST. HARRISBURG, PA 17108 TElEPHO:-;E: 215-246-0900 SL:PRHIE COCRT 10 #: .-\TIOR:-;EY FOR: DEFENDANT BY ECO ~T:~ D.-\TE: - JuJ y ;::1_" J~3 I '-- P:'omonot,J,i\'/Cl<!rk.' ~ insiun 4r~.. P~hY1.-r--- C'~~un' S~.Jl or' th~ Cour: IEF ~ 'Q~) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CAROL K. ROBINSON, D.O. GRAHAM MEDICAL CLINIC, PC 100 S. HIGH STREET NEWVILLE, PA 17241 RE: 2794 CHERYL GOBIN Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: CHERYL GOBIN , Social Security #: 164-46-7109 Date of Birth: 05-17-1969 SU10-457050 0:2794-L09 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CHERYL L. GOBIN AND SCOTT I. GOBIN TERM, -VS - CASE NO: 02-2836 PINNACLE HEALTH SYSTEM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of TODD B. NARVOL, 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. MCS on behalf of DATE: 08/25/2003 TODD B. NARVOL, ESQ, Attorney for DEFENDANT DEll-440459 0:2 7 94 -Ll 0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~)i :';..{::: :v1ATT::::t "':;'. v, . COURT OF COMMON PLEAS CHERYL L. GC3:~ AX] SCOTT I. GOBIN TERM, -vs - CASE NO: 02-2836 PINNACLE HEALTH SYSTEM NOTICB OF INTENT TO SERVE A SUBPOENA TO PRODUCB DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULB 4009.21 JOYNER SPORTS MEDICINE MEDICAL, BILLING, AND X-RAY (S) CAROL K. ROBINSON, D,O. MEDI CAL, BILLING, AND X-RAY{S) TOM COLESTOCK, D,D.S. MEDICAL, BILLING, AND X-RAY(S) THOMAS APPLEBY, D,M.D. MEDICAL, BILLING, AND X-RAY{S) DR. MIKE OPLINGER MEDICAL, BILLING, AND X-RAY{S) TO: DAVID A. BARIC, ESQ. MCS on behalf of TODD B. NARVOL, 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: 08/05/2003 MCS on behalf of TODD B. NARVOL, ESQ. Attorney for DEFENDANT CC: TODD B. NARVOL, ESQ. - 212-21040 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 8800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-2374280:2794-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND - . CHERYL & SCOTT GOBIN VS File No. 02-2836 PINNACLE HEALTH SYSTEM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTOIAN OF RECORDS FOR: TOM COLESTOCK. D.D.S. (Nam~ of Per'!lon or Entity) Within twenty (ZO) days after service of this subpoena, 'you are ordered by the court to produce the following documents or things: SEE ATTACHED Jt MCS GROUP INC., 1601 MARKET ST., #800, PRILA. ,PA 19103 (Addre!ls) 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 (:~Ol 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: :-iA~IE: TODD NARVOL , ESO. ,-\DDRESS: 305 NORTH FRONT ST. HARRISBURG, PA 17108 TELEPHO:-iE: 215-246-0900 SL:PRE'\IE COL:RT ID #: ,-\TIOR:'-IEY FOR: DEFENDANT BY D.-\TE: t [,../ ~, ;:)~3 ( f S~J.l or the Lour: IEf: -'Q7) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TOM COLESTOCK, D.D.S. 15 DOWNING STREET CARLISLE, PA 17013 RE: 2794 CHERYL GOBIN Entire medical, billing, and diagnostic fIle, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray f1lms and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: CHERYL GOBIN , Social Security #: 164-46-7109 Date of Birth: 05-17-1969 SU10-457052 0:2794-Ll0 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CHERYL L. GOBIN AND SCOTT I. GOBIN TERM, -VS- CASE NO: 02-2836 PINNACLE HEALTH SYSTEM As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of TODD B. NARVOL, 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 tje subpoena is sought to be served, (2) A copy of the notice of intent, includin', the proposed subpoena, is attached to this certificate, (3) No obje~tion 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. MCS on behalf of DATE: 08/25/2003 TODD B. NARVOL, ESQ. Attorney for DEFENDANT DEll-440460 0:2 7 94 -Lll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN ~HS ~ATT~K O~. COURT OF COMMON PLEAS CHE~YL ~. :~C3:X A~D SCOTT I. GOBIN TERM, -VS- CASE NO: 02-2836 PI~NACLE "EALTH SYSTEM NOTICB OF INTENT TO SERVE A SUBPOENA TO PRODUCB DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULB 4009.21 JOYNER SPORTS MEDICINE MEDICAL, BILLING, AND X-RAY(S) CAROL K. ROBINSON, D.O. MEDICAL, BILLING, AND X-RAY(S) TOM COLESTOCK, D.D.S. MEDICAL, BILLING, AND X-RAY(S) THOMAS APPLEBY, D.M.D. MEDICAL, BILLING, AND X-RAY(S) DR. MIKE OPLINGER MEDICAL, BILLING, AND X-RAY(S) TO: DAVID A, BARIC, ESQ. MCS on behalf of TODD B. NARVOL, 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 off ice. DATE: 08/05/2003 MCS on behalf of TODD B. NARVOL, ESQ. Attorney for DEFENDANT CC: TODD B. NARVOL, ESQ. - 212-21040 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-2374280:2794-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHERYL 6. SCOTT GOBIN VS File No. 02-2836 PINNACLE HEALTH SYSTEM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTOIAN OF RECOBDS FOR: THOMAS APPLEBY. D.M.D. (Nolme of Penon or Entity) Within twenty (~O) days after service of this subpoena. .you are ordered bv the court to produce the following documents or things: SEE ATTACHED .. MCS GROUP INC., 1601 MARKET ST., #800, PHlLA. ,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena. wi.thin twenty (2.0) 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: :'oi A~IE: TODD NARVOL . ESO. ADDRESS: 305 NORTH FRONT ST. HARRISBURG, PA 17108 TELEPHO:'oiE: 215-246-0900 SL'PRE:'.IE COL'RT lD #: ATIOR:'-iEY FOR: DEFENDANT BY D.-UE: ..J(~" - { ::J.t:' .J 1'~3 ( S~.11 or th~ Cour: I ~::. ~ ..o~) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: THOMAS APPLEBY, D.M.D. 200 WALNUT BOTTOM ROAD CARLISLE, PA 17013 RE: 2794 CHERYL GOBIN Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: CHERYL GOBIN , Social Security #: 164-46-7109 Date of Birth: 05-17-1969 SUlO-457054 02794-Ll1 CERTIFICATE PREREQUIS1'l'E TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CHERYL L. GOBIN AND SCOTT I. GOBIN TERM, -VS- CASE NO: 02-2836 PINNACLE HEALTH SYSTEM AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of TODD B, NARVOL, 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. MCS on behalf of DATE: 08/25/2003 TODD B. NARVOL, ESQ. Attorney for DEFENDANT DEll-440461 02794-Ll:2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CHERYL L. GOBIN AND SCOTT I. GOBIN TERM, -VS- CASE NO: 02-2836 PINNACLE HEALTH SYSTEM NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULB 4009.21 JOYNER SPORTS MEDICINE MEDICAL, BILLING, AND X-RAY(S) CAROL K. ROBINSON, D.O. MEDICAL, BILLING, AND X-RAY(S) TOM COLESTOCK, D.D.S. MEDICAL, BILLING, AND X-RAY(S) THOMAS APPLEBY, 0.1'1,0. MEDICAL, BILLING, AND X-RAY(S) DR. MIKE OPLINGER MEDICAL, BILLING, AND X-RAY(S) TO: DAVID A. BARIC, ESQ. MCS on behalf of TODD B. NARVOL, 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: 08/05/2003 MCS on behalf of TODD B. NARVOL, ESQ. Attorney for DEFENDANT CC: TODD B. NARVOL, ESQ. - 212-21040 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-237428 0:2794-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHERYL & SCOTT GOBIN VS File No. 02-2836 PINNACLE HEALTH SYSTEM SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTOIAN OF RECORDS FOR: DR MIKE OPLINGER {Name of Penon Or' Entity) Within twenty (:0) days after service of this subpoena, you are ordered bv the court to produce the following documents or things: SEE ATTACIIlID at MCS GROUP INC., 1601 MARKET ST.. #800. PRlLA. ,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listE~d 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 (10) 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: "Ay[E: TODD NARVOL . ESO. ,-\DDRESS: 305 NORTH FRONT ST. HARRISBURG, PA 17108 TELEPHONE: 215-246-0900 SL:PRE:\IE COL:RT ID #: ATIOR"EY FOR: DEFENDANT BY DATE: ,)L..J, "-- Protnonot.J.rY/C1~r!-:. Civi .4t..(}A. e. p - ~rJ) AA~r- D~ t.... ,) \" ::l rY~ ~ . S~J.l or th~ CcnH: IEfi - Q7) EXPLANA nON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. MIKE OPLINGER APPALACHIAN ORTHO CENTER I DUNWOODY DRIVE CARLISLE, PA 17013 RE: 2794 CHERYL GOBIN Entire medical, billing, and diagnostic file, including but not limited to any and all records, correSpondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic fonn, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: CllER.YL GOBIN , Social Security #: 164-46-7109 Date of Birth: 05-17-1969 SUlO-4574220:2794-Ll:2 (') c: ~ "'- elL1J rilp, ;-::::. :,"r ?~l- ~"';: r.'t ~f~.' ~~E~ =2 . o (,.,j '2: 2) 1''' <Xl ~ =r=' :rip! .,..m ,"~CJ ~,~(~) -"'t (5;;; lSrn 0--1 55 -< ~~ => (:J Thomas, Thomas & Hafer, LLP By: Daniel L. Grill Identification No. 65339 305 N. Front Street P.O. Box 999 Harrisbnrg, P A 171 08-0999 (717) 237-7115 Attorneys for Pinnacle Health System CHERYL L. GOBIN and SCOTT 1. GOBIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2836 PINNACLE HEALTH SYSTEM, Defendant CNIL ACTION - LAW JURY TRIAL DEMANDED WITHDRAWAL AND ENTRY OF APPEARANCE ^. Kindly withdraw the appearance of Todd B. Narvol, Esquire and enter the appearance of Daniel L. Grill, Esquire as attorney for Defendan~~innacle Health System, i~ this\,matter. i' , I, THIDMAS, THOMAS & HAFER, LP I By: ~7 ~ (A/~ " Daniel L. Grill, Esquire Identification #65339 Thomas, Thomas & Hafer, LLP 305 N. Front Street POBox 999 Harrisburg, P A 17108 717-237-7115 Attorney for Defendant Pinnacle Health System CHERYL L. GOBIN and SCOTT I. GOBIN, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 02-2836 PINNACLE HEALTH SYSTEM, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the l day of \ Cl (\\1.W-O ' 2004, on counsel of record as follows: David Baric, Esquire O'Brien, Baric & Scherer 17 W. South Street Carlisle, PA 17013-3432 G)~jt~9}~\ C(i1-f.~ Ashleigh E.0ates Q ~:: F\ L" ~ = .J:" <- ::r,v :;a:: I cP r' c) "/ ~~ -Z ~. ~ ~~ -0. g:J 60 :J!=i-\ C~O ?;,rn ~'l. -~ "':;1 :.< 1"-' c:> THOMAS & HAFER, LLP By: Daniel L. Grill, Esquire Identification No. 65339 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7115 Attorneys for Pinnacle Health System CHERYL L. GOBIN and SCOTT L GOBIN, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2836 PINNACLE HEALTH SYSTEM, Defendant : CIVIL ACTION - LAW : JURY TRIAL DE1'IANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBF'OENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy the bpoenas attached thereto was mailed or delivered to each party on or about November 4, 2004, to s rve su1)poenas upon Carlisle YMCA, Michael Oplinger, M.D. John P. Stratis, M.D. and Robert W. Bucher, Jr., .D. \ 2. A true and correct file copy of the Notice of Intent, including a copies of the proposed subpoenas, is attached to this Certificate. 4. The subpoenas which will be served a Intent to Serve Subpoenas. ; the subpoen s has expit\ed with out any objection \ . 3. The twenty day notice requirement to s being raised to service of said subpoenas. id ntical to the s bpoenas ttached to the Notice of THO AS THOMAS LLP , By Date: j~h )114 ,/ '" ' Daniel L. rill, Esquire Court LD. No. 65339 305 North Front Strel~t, P.O. Box 999 Harrisburg, PAl 71 08 (717)237-7115 Counsel for Defendant Pinnacle Health System Lehigh Valley Office: 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 . Phone: (610) 868-1675. Fax: (610) 868-1702 CHERYL L. GOBIN and SCOTT I. GOBIN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs v. NO. 02-2836 PINNACLE HEALTH SYSTEM, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NO'fiC;EQF IN,'TENTTO'SERYKA SUBPOENA TO . PROnp<;E JlOCQME;NT~AM> TlIINq~FOl.l. . . TiISCOVERYPURSUANtTO RULE: 4009.21 . TO: David A. Baric, Esquire 17 W. South Street Carlisle, PAl 70 13 Defendant intends to serve subpoenas upon the following providers: Carlisle YMCA, Michael Oplinger, M.D., John P. Stratis, M.D. and Robert W. Bucher, Jr., M.D., identical to the ones attached to this notice. You have twenty (20) days from the date listed below in whi6..h to file of record and serve upon the undersigned an objection to the sn!!poenas. If no objection is Li, the snbpoenas will ( '\ I \ be served. I \\ '\ ! J < i J TH~MAk, THOMA '& l#FE~~ rlLP ! r! V I . f /:\ i /),/'1,"/\ ; I ... \ ....,.,,/ Daniel Grill, Esquire 305 North Front Street PO Box 999 Harrisburg, PAl 71 08 (717) 237-7133 Date: November 4, 2004 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Daniel L Grill, Esquire Attorney 1.D. 65339 (717) 237-7115 Attorney for Defendant CHERYL L. GOBIN and SCOTT 1. GOBIN, IN THE COURT OF COMMON PLEAS CUMBERLMID COUNTY, PA Plaintiffs v. NO. 02-2836 PINNACLE HEALTH SYSTEM, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANf TO RULE 4009.22 TO: Carlisle YMCA, 311 South West Street, Carlisle, PA 17013 (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: Copies of any and all employment records for Cheryl Gobin (SSN: 164-46-7:[ 09, DOB: 05/17/69), and membership attendance records. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the. rea:;:onable 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: Daniel Grill. Esquire ADDRESS 305 N. Front Street POB 999 Harrisburg. PAl 7108 TELEPHONE: (717) 237-7115 SUPREMECOURTIDNo: 65339 AITORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 Daniel L Grill, Esquire Attorney J.D. 65339 (717) 237 -7115 Attorney for Defendant CHERYL L. GOBIN and SCOTT I. GOBIN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A Plaintiffs v. NO. 02-2836 PINNACLE HEALTH SYSTEM, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Robert W. Bucher, Jr., M.D., 9 Flowers Drive, Mechanicsburg, P A 17055 (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: Any and all medical records regarding Cheryl Gobin (DOB: 5/17/69, SSN: 164-46-7109) from September 2003 to the present date. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Daniel Grill. Esquire ADDRESS 305 N. Front Street. POB 999 Harrisburg, PA 17108 TELEPHONE: (717) 237-7115 SUPREME COURT ill No: 65339 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Daniel L Grill, Esquire Attorney J.D. 65339 (717)237-7115 Attorney for Defendant CHERYL L. GOBIN and SCOTT 1. GOBIN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A Plaintiffs v. NO. 02-2836 PINNACLE HEALTH SYSTEM, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: John P. Stratis, M.D., 816 Belvedere Street, Carlisle, FA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the folIc,wing documents or things: Any and all medical records regarding Cheryl Gobin (DOB: 5/17/69, SSN: 164-46-7109) from August 2003 to the present date. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, FA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoen.a, together with the certificate of compliance, to the party making this request at the address iisted 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 FOLLOWI~G PERSON: NAME: Daniel Grill. Esquire ADDRESS 305 N. Front Street. POB 999 Harrisburg, FA 17108 TELEPHONE: (717) 237-7115 SUPREME COURT 10 No: 65339 AITORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court THOMAS, THOMAS & HAFER, LLP 305 North FTOnt Street P.O. Box 999 Hamsburg, PA 17108 Daniel L Grill, Esquire Attorney I.D. 65339 (717) 237-7115 Attorney for Defendant CHERYL L. GOBIN and SCOTT I. GOBIN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs v. NO. 02-2836 PINNACLE HEALTH SYSTEM, CIVIL ACTION - LA W Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Michael Oplinger, M.D., Appalachian Orthopedic Center, Ltd., 1 Dunwoody Drive, Carlisle, P A 17013 (Name ofPerson or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the follc'wing documents or things: Any and all medical records regarding Cheryl Gobin (DOB: 5/17/69, SSN: 164-46-7109) from September 2003 to the present date. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999" Harrisburg, PA 17108 (Address) Yeu may deliver or mail legible copies of the documents or produce t..~ings requested by t~is subpoena, tcget..l-ter 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 FOLLOWIJ~G PERSON: NAME: Daniel Grill. Esquire ADDRESS 305 N. Front Street, POB 999 Harrisburg, P A 17108 TELEPHONE: (717) 237-7115 SUPREME COURT ID No: 65339 A TIORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: Seal of the Court CERTIFICATE OF SERVICE I, Ashleigh E. Anglemeyer, of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: David A. Baric, Esquire 17 W. South Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP Ll&\Ju ~lf) (1~ \ \ /q I OL\ Ashleigh E. Ani.s~meyer CERTIFICATE OF SERVICE I, RENEE K. HOSTETTER, PARALEGAL of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: David A. Baric, Esquire 17 W. South Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP Dare: -\1ltJ{ ~. 1/~ (. ~.' ~J)a ~ . RE E K. HOSTETTER, P ARALOOAL r i. ~ , - , ~ - j: n ~-: . , -:.:, '" r'OO:,,) C;'..':'> ..r.:- CJ r., 1 C) I N o " :--:1 ['Ii :D r ,- ~'rJ l.l-J :In ( ) r i'i c --I ;:'1.- (.. J" ~ ~< 'J - '.~ N (,,) " . I ~ CHERYL 1. GOBIN and SCOTT 1. GOBIN, husband and wife, IN THE COURT OF CO MON PLEAS OF CUMBERLAND COUNT , PENNSYLVANIA Plaintiffs vs. NO. 2002- 2836 CIVIL T RM CIVIL ACTION-LAW PINNACLE HEALTH SYSTEM, Defendant PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action as having been settl d and discontinued with prejudice. David A. Baric, E quire I.D. 44853 19 West South S Carlisle, Pennsyl (717) 249-6873 DATE: ~/~0 II ~. CERTIFICATE OF SERVICE I hereby certify that on May 30, 2006, I, David A. Baric, E quire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the party listed below, as follows: DanielL. Grill, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 305 Harrisburg, Pennsylvania 17018 David A. aric, Esquire q ?7 -orr: rr~' , '"j .- u' ,..., = = cr- - ~- :;;:~'" ""'" W ~ - ~ -t ::r;..,., ,n r=: -om C'U? ~;;~ ',~ ?;1, ,::;,,~ -' --'"' S1 .t:" -'