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HomeMy WebLinkAbout06-7213 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, o NO. p? 122 t v CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY KENNETH W. RICHWINE, as Administrator of the ESTATE of NANCY L. RICHWINE, Deceased, and KENNETH W. RICHWINE, Individually and in his own right, 765 Baltimore Pike Gardners, PA 17324 RICHARD L. GRIFFITHS, D.O. One Tyler Court Carlisle, PA 17015 HEALING ARTS SURGICAL ASSOCIATES One Tyler Court Carlisle, PA 17015 Plaintiff versus Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to Sheriff. Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 Dated: /bl W 4Q. d 7E) e m C7 cam( t 3 x C?;a (iZf" LJ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY 'ON1L KENNETH W. RICHWINE, as Administrator of the ESTATE of NANCY L. RICHWINE, Deceased, and KENNETH W. RICHWINE, Individually and in his own right, 765 Baltimore Pike Gardners, PA 17324 Plaintiff RICHARD L. GRIFFITHS, D.O. One Tyler Court Carlisle, PA 17015 HEALING ARTS SURGICAL ASSOCIATES One Tyler Court Carlisle, PA 17015 versus Defendants WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Dated: ? Ec ad DUGS Pro honotary 4T by Deputy it 9 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 OR104k IN THE MATTER OF: COURT OF COMMON PLEAS KENNETH W. RICHWINE, AS ADMIN. OF THE TERM, ESTATE OF NANCY L. RICHWINE CUMBERLAND -VS- CASE NO: 06-7213 RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, ESQ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/01/2007 ?ICSIon beha f Mf 13) AN EL L. GRILL, ESQ Attorney for DEFENDANT R1.23 133-H DE11-0674200 52162-LO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KENNETH W. RICHWINE, AS ADMIN. OF THE ESTATE OF NANCY L. RICHWINE -VS- RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. COURT OF COMMON PLEAS TERM, CASE NO: 06-7213 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DOUGLAS J. BOWER, MD MEDICAL RECORDS CUMBERLAND COUNTY CORONER'S OTHER FORENSIC PATHOLOGY ASSOC, INC. PATHOLOGY TO: MICHAEL J. NAVITSKY, ESQ., PLAINTIFF COUNSEL MCS on behalf of DANIEL L. GRILL, ESQ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/09/2007 CC: DANIEL L. GRILL, ESQ - 480-51544 Any questions regarding this matter, contact MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0354351 52162-COl COMMONWEAITH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH W. RICHWINE, AS ADMIN. OF THE File No. 06-7213 VS. RICHARD L. GRIFFITHS, D.O. & HEALING SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DOUGLAS J BOWER. MD (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groj}p Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DANIEL L. GRILL. ESO ADDRESS: 305 NORTH FRONT ST. P.O. BOX 999 HARRISBIM. PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE,,COURT: - /?11' ?' &Z &- /Z' et Pro onotary/ClertCivil, ivision f Deputy Date: ??-a e-?r 5 i ?? G u '7 Seal of the Court 52162-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DOUGLAS J. BOWER, MD MEDICAL ARTS BLDG. 220 WILSON STREET CARLISLE, PA 17013 RE: 52162 NANCY L RICHWINE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : NANCY L RICHWINE Social Security #: XXX-XX-1347 Date of Birth: 09-15-1961 R1.16S 133-H SU10-0669708 52162-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KENNETH W. RICHWINE, AS ADMIN. OF THE ESTATE OF NANCY L. RICHWINE -VS- RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. OR6 NXI COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-7213 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, ESQ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/01/2007 r on behal of a DANIEL L. GRILL, ESQ Attorney for DEFENDANT R1.23 133-H DE11-0674201 52162 -L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KENNETH W. RICHWINE, AS ADMIN. OF THE ESTATE OF NANCY L. RICHWINE -VS- RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. COURT OF COMMON PLEAS TERM, CASE NO: 06-7213 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DOUGLAS J. BOWER, MD MEDICAL RECORDS CUMBERLAND COUNTY CORONER'S OTHER FORENSIC PATHOLOGY ASSOC, INC. PATHOLOGY TO: MICHAEL J. NAVITSKY, ESQ., PLAINTIFF COUNSEL MCS on behalf of DANIEL L. GRILL, ESQ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/09/2007 V CC: DANIEL L. GRILL, ESQ - 480-51544 Any questions regarding this matter, contact MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 JR1.16S 133-H DE02-0354351 52162-CO1 COMMONWE,?:i,TH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH W. RICHWINE, AS ADMIN. OF THE VS. RICHARD L. GRIFFITHS, D.O. & HEALING File No. 06-7213 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CUMBERLAND COUNTY CORONER'S (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Group Inc., 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DANIEL L. GRILL. ES ADDRESS: 305-NORTH FRONT S' TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT: Prot?ionotary/Clerk, ivil ivision i Deputy Dater u-. ?, ., h? l Lv '1 Seal of the Court 52162-02 ' EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND COUNTY CORONER'S 6375 BASEHORE RD SUITE 1 MECHANICSBURG, PA 17055 RE: 52162 NANCY L RICHWINE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. AUTOPSY PATHOLOGY & REPORT, INCLUDING ALL RECORDS REGARDING CORONERS CASE# 29-432 & ALL TOXICOLOGY RESULTS, HANDWRITTEN NOTES, TELEPHONE SLIPS, FILE MATERIALS, ETC. Subject : NANCY L RICHWINE Social Security #: XXX-XX-1347 Date of Birth: 09-15-1961 R1.16S 133-H SU10-0669710 52162-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KENNETH W. RICHWINE, AS ADMIN. OF THE ESTATE OF NANCY L. RICHWINE -VS- RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. OR161COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-7213 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, ESQ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/01/2007 r- CS on behar f a (f ANIEL L. RIL ESQ ?s Attorney for DEFENDANT IR1.23 133-H DE11-0674202 52162-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KENNETH W. RICHWINE, AS ADMIN. OF THE ESTATE OF NANCY L. RICHWINE -VS- RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. COURT OF COMMON PLEAS TERM, CASE NO: 06-7213 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DOUGLAS J. BOWER, MD MEDICAL RECORDS CUMBERLAND COUNTY CORONER'S OTHER FORENSIC PATHOLOGY ASSOC, INC. PATHOLOGY TO: MICHAEL J. NAVITSKY, ESQ., PLAINTIFF COUNSEL MCS on behalf of DANIEL L. GRILL, ESQ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/09/2007 CC: DANIEL L. GRILL, ESQ - 480-51544 Any questions regarding this matter, contact MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 'R1.16S 133-H DE02-0354351 52162-CO1 COMMONWEFi,TH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH W. RICHWINE, AS ADMIN. OF THE VS. RICHARD L. GRIFFITHS, D.O. & HEALING File No. 06-7213 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for FORENSIC PATHOLOGY ASSOC INC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER**** at The MCS Grown Inc 1601 Market Street Suite 800 PhiladdpWa, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DANIEL L. GRILL. ESO ADDRESS: 305 NORTH FRONT ST. P.O. BOX 999 HARRISBURG, PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY COURT: Pr onotary/C , ivi ' ivision Deputy Date: _5, -? ty Seal of the Court 52162-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FORENSIC PATHOLOGY ASSOC, INC. 1024 HIGHLAND AVENUE BETHLEHEM, PA 18018 RE: 52162 NANCY L RICHWINE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ENTIRE FILE REGARDING AUTOPSY# C-05-071 INCLUDING, BUT NOT LIMITED TO PHOTOGRAPHS TAKEN & RECORDS FROM BARBARA BOLLINGER, M.D. Any and all pathology reports and records, 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 : NANCY L RICHWINE Social Security #: XXX-XX-1347 Date of Birth: 09-15-1961 R1.16S 133-H SU10-0669712 52162-L03 ?' O ---' .-{ -?» -t. .1 ' , .M1` '? -^r j .,... ...? a1T? ?rY. ': y n ..1 ....? y°° SHERIFF'S RETURN - REGULAR % 1 CASE NO: 2006-07213 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RICHWINE KENNETH W ET AL VS -+? GRIFFITHS RICHARD L D 0 ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GRIFFITHS RICHRD L D 0 the DEFENDANT at 1243:00 HOURS, on the 2nd day of January , 2007 at ONE TYLER COURT CARLISLE, PA 17013 RICHARD L GRIFFITHS DO by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 18.00 4.40 .39 10.00 .00 ? 32.79 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/03/2007 NAVITSKY OLSON WISNESKI By: ?* y Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-07213 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RICHWINE KENNETH W ET AL VS GRIFFITHS RICHARD L D 0 ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon W'PLT.TNTr- ARTq PTTPnTrAT. AggnrTATFS the DEFENDANT , at 1243:00 HOURS, on the 2nd day of January , 2007 at ONE TYLER COURT CARLISLE, PA 17013 by handing to RICHARD L GRIFFITHS DO, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ?1x ? (e ? /'? ? 16.0 0 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 01/03/2007 NAVITSKY OLSON WISNESKI By: 11A4, ?/ ? Deputy Sheriff A. D. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KENNETH W. RICHWINE, AS ADMIN. OF THE ESTATE OF NANCY L. RICHWINE -VS- RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-7213 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/17/2007 QCJ e if L. ZR ESQ Attorney for DEFENDANT R1.33 133-H DE11-0688150 52162-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KENNETH W. RICHWINE, AS ADMIN. OF THE ESTATE OF NANCY L. RICHWINE -VS- RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. COURT OF COMMON PLEAS TERM, CASE NO: 06-7213 NOTICE OF INTEN? Q &EXVE A SUBPOENA, TO PRODUCS DOCUMENTS AND THINGS FQR DISCOVERY PURSUANT TO RULE 4009.21 BOILING SPRINGS HIGH SCHOOL SCHOLASTIC TO: MICHAEL J. NAVITSKY, ESQ., PLAINTIFF COUNSEL MCS on behalf of DANIEL L. GRILL, 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: 04/27/2007 CC: DANIEL L. GRILL, ESQ - 480-51544 Any questions regarding this matter, contact MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.31S 133-H DE02-0361708 52162-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH W. RICHWINE, AS ADMIN. OF THE File No. 06-7213 vs. RICHARD L. GRIFFITHS, D.O. & HEALING SU§rQEk1A TQ, PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BOILING SPRINGS HIGH SCHOOL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group- Inc 1601 Market Street Suite 800, Philadelphia- PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DANIEL L. GRILL ADDRESS: 305 NORTH FRON TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T OURT: Pr thonota rk, Civi ivision MAY 17 2007 Deputy Date: ? 1-z01Q?? Seal of the Court 52162-04 } EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BOILING SPRINGS HIGH SCHOOL 4 FORGE ROAD BOILING SPRINGS, PA 17007 RE: 52162 NANCY L RICHWINE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire scholastic file, including but not limited to files, memoranda, correspondence, notes, records relating to attendance, student history and/or transfers, grades, merits, awards, disciplinary, medical/physicals, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : NANCY L RICHWINE Social Security #: XXX-XX-1347 Date of Birth: 09-15-1961 R1.31S 133-H SU10-0682716 52162-L04 r-.z __z ._{ -- T y ?. ?.., -,, i.:::, f.- -? `` C y . ? r' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KENNETH W. RICHWINE, AS ADMIN. OF THE ESTATE OF NANCY L. RICHWINE -VS- RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-7213 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, ESQ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/12/2007 CS o L.? h f of LL, j5 ?L. G 1 Q Attorney for DEFENDAlVf R1.35 133-H DE11-0698719 52162-L05 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KENNETH W. RICHWINE, AS ADMIN. OF THE ESTATE OF NANCY L. RICHWINE _VS_ RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. COURT OF COMMON PLEAS TERM, CASE NO: 06-7213 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE REGIONAL MEDICAL CTR. PATHOLOGY SLIDES OR RE-CUTS TO: MICHAEL J. NAVITSKY, ESQ., PLAINTIFF COUNSEL MCS on behalf of DANIEL L. GRILL, 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: 06/22/2007 CC: DANIEL L. GRILL, ESQ - 480-51544 Any questions regarding this matter, contact MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.35S 133-H DE02-0366854 52162-COl d COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH W. RICHWINE, AS ADMIN. OF THE vs. RICHARD L. GRIFFITHS, D.O. & HEALING File No. 06-7213 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE REGIONAL. MEDICAL CTR (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS C*=. Inc.- 1601 Market Street. Suite 800. Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DANIEL L. GRILL. ES ADDRESS: 305 NORTH FRONT S' TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 12 2007 Date: J 1 L q T 0b7 Seal of the Court BY THE URT: ro onotary/Clerk, Civil Divisi eputy 52162-05 f EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MEDICAL CTR. 246 PACKER STREET CARLISLE. PA 17013 RE: 52162 NANCY L RICHWINE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. PROVIDE RECUTS OF THE SURGICAL PATHOLOGY SLIDES FROM THE SURGERY Any and all pathology slides or re-cuts, 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: from: 00-28-2005 to the present. Subject : NANCY L RICHWINE Social Security #: XXX-XX-1347 Date of Birth: 09-15-1961 R1.35S 133-H SU10-0692340 52162-LO5 r-' ?n l..a,:. 5.?. 1`'? ? r f 1 `; \?1 r ? f`? V `r i KENNETH W. RICHWINE, as Administrator of the ESTATE OF NANCY L. RICHWINE, Deceased, and KENNETH W. RICHWINE, Individually and in his own right, Plaintiff VS. RICHARD L. GRIFFTHS, D.O., and HEALING ARTS SURGICAL ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 06-7213 Civil Term CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO RICHARD L. GRIFFITHS, D.O. I, Michael J. Navitsky, Esquire, certify that: 19 an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, NAVITSKY, OLSON 4 WISNESKI LLP vitsky, I.D. No. Duane S. I.D. No. 77400 V 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date: November 13, 2007 CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, do hereby certify that I am this 0 1"day of November, 2007 serving a true and correct copy of Plaintiffs' Certificate of Merit for Defendant Griffiths upon all counsel of record via postage prepaid first class United States mail addressed as follows: Daniel L.Grill, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 305 North Front Street Harrisburg, PA 17101 Counsel for Defendants Jessie K. Walsh r?j C ? E ? M c -7' r-, j ? - v ra x c-n 1 G ? Q KENNETH W. RICHWINE, as Administrator of the ESTATE OF NANCY L. RICHWINE, Deceased, and KENNETH W. RICHWINE, Individually and in his own right, Plaintiff vs. RICHARD L. GRIFFTHS, D.O., and HEALING ARTS SURGICAL ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 06-7213 Civil Term CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO HEALING ARTS SURGICAL ASSOCIATES I, Michael J. Navitsky, Esquire, certify that: ? an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR 62? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP Michael J. N v sky, Esq? V I.D. No. 58$91 Duane S. B ck, Esquire I.D. No. 77400 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date: November 13, 2007 CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, do hereby certify that I am this I ? day of November, 2007 serving a true and correct copy of Plaintiffs' Certificate of Merit for Defendant Healing Arts Surgical Associates upon all counsel of record via postage prepaid first class United States mail addressed as follows: Daniel L.Grill, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 305 North Front Street Harrisburg, PA 17101 Counsel for Defendants Jessie K. Walsh C'3 n723 G rn c,. "R Q KENNETH W. RICHWINE, as Administrator of the ESTATE OF NANCY L. RICHWINE, Deceased, and KENNETH W. RICHWINE, Individually and in his own right, Plaintiff VS. RICHARD L. GRIFFTHS, D.O., and HEALING ARTS SURGICAL ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 06-7213 Civil Term CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY 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 attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KENNETH W. RICHWINE, as Administrator of the ESTATE OF NANCY L. RICHWINE, Deceased, and KENNETH W. RICHWINE, Individually and in his own right, Plaintiff VS. RICHARD L. GRIFFTHS, D.O., and HEALING ARTS SURGICAL ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 06-7213 Civil Term CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 2 KENNETH W. RICHWINE, as Administrator of the ESTATE OF NANCY L. RICHWINE, Deceased, and KENNETH W. RICHWINE, Individually and in his own right, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 06-7213 Civil Term CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY RICHARD L. GRIFFTHS, D.O., and HEALING ARTS SURGICAL ASSOCIATES, JURY TRIAL DEMANDED Defendants COMPLAINT 1. Plaintiff, Kenneth W. Richwine, widower of Nancy L. Richwine, Deceased, is an adult individual who resides in Gardners, Cumberland County, Pennsylvania. 2. Plaintiff, Kenneth W. Richwine, is the Administrator of the Estate of Nancy L. Richwine by virtue of Letters of Administration duly granted him on September 20, 2005 by the Register of Wills of Cumberland County, Pennsylvania. 3. Defendant, Richard L. Griffiths, D.O. (hereinafter Defendant Griffiths) is currently, and was at all times relevant to this Complaint, a physician licensed to practice medicine, and who specialized in surgery, in the Commonwealth of Pennsylvania. 4. At all times relevant to this Complaint, Defendant Griffiths held himself out to the public as a surgeon. 5. Plaintiff is asserting a professional liability claim against Defendant Griffiths. 6. Defendant, Healing Arts Surgical Associates, is a professional medical corporation created for the purpose of providing health care services in Cumberland County, Pennsylvania with an office located at One Tyler Court, Carlisle, Cumberland County, Pennsylvania. 3 7. At all times relevant to this Complaint, Defendant Griffiths was acting as an agent, apparent agent, servant, owner, co-owner, employee and/or shareholder of Defendant Healing Arts Surgical Associates and was furthering its economic and financial interests. 8. Plaintiff is asserting a vicarious liability claim against Healing Arts Surgical Associates by virtue of the actions and/or inactions of Defendant Griffiths. 9. This medical malpractice/wrongful death case involves a laparoscopic cholecystectomy (gallbladder removal) which was performed by Defendant Griffiths at the Carlisle Regional Medical Center on January 28, 2005 and in particular, the post-operative care provided to decedent by Defendant Griffiths in response to her post-operative complaints. 10. Decedent, Mrs. Richwine, died at home on post-operative Day #3. She was 43 years old at the time of her death. She was married to Plaintiff, Mr. Richwine, and parent of their son, Steven W. Richwine, who was 7 years old at the time of her death. The child has special needs, having been born with cerebral palsy. 11. An autopsy was performed on Mrs. Richwine on February 1, 2005. The cause of death was listed as complications from the laparoscopic cholecystectomy. Specifically, unbeknownst to Mrs. Richwine and her family, Defendant Griffiths accidentally perforated her bowel during the gallbladder removal and this perforation caused an infection (peritonitis) which caused her death. 12. Mrs. Richwine was a homemaker and provided full care to her child, Steven W. Richwine. 13. Mrs. Richwine underwent the gallbladder removal surgery performed by Defendant Griffiths at Carlisle Regional Medical Center on January 28, 2005. 14. Defendant Griffiths sent her home from the hospital a few hours following the surgery. 4 15. The next day, Saturday, January 29, 2005, Plaintiff, Mr. Richwine, called Defendant Griffiths' office to notify him that Mrs. Richwine was experiencing a fever of 100° with nausea, vomiting, shortness of breath and severe abdominal pain. Plaintiff, Mr. Richwine, was told by Defendant Griffiths that these were normal findings and that Mrs. Richwine could take either Tylenol or Advil. 16. On Sunday, January 30, 2005, Plaintiff, Mr. Richwine again called Defendant Griffiths and told him that Mrs. Richwine was unable to keep anything down, that she still had shortness of breath, nausea, vomiting and a fever of 100°. Defendant Griffiths told Mr. Richwine that he could take Mrs. Richwine to the Carlisle Regional Medical Center Emergency Department if he wanted, but it really was not necessary. Defendant Griffiths explained to Mr. Richwine that Mrs. Richwine's symptoms were common complaints and that time was all Mrs. Richwine needed to have the symptoms resolve. This conversation took place on the evening of January 30, 2005. Based on Defendant Griffiths' assurances to Mr. and Mrs. Richwine, they felt comfortable in not going to the Emergency Room. 17. Decedent, Mrs. Richwine, died sometime during the night or early morning hours of Monday, January 31, 2005. The cause of her death was found on autopsy to be a surgically perforated bowel that had caused massive infection (peritonitis). These were identified as complications of the surgery performed by Defendant Griffiths three days earlier on January 28, 2005. 18. Defendant Griffiths prepared a note for Mrs. Richwine's chart after her death. He recorded that, "Mrs. Richwine called him on Saturday, and said that she had a fever of 100°." He further recorded that, "Mrs. Richwine did not complain of pain and that she was able to tolerate a light diet." He went onto record that he advised the Richwines to notify his office if Mrs. Richwine's fever persisted or if it began to spike temperatures. 5 19. Defendant Griffiths further recorded in a note to Mrs. Richwine's chart after her death that he had a conversation with Mr. and Mrs. Richwine on Sunday, January 30, 2005. He recorded that Mrs. Richwine called and indicated that she had vomited twice (once overnight and again in the morning). He wrote that she has no significant abdominal pain. He further added that she was able to tolerate liquids and had chicken noodle soup Saturday evening. He documented that she spit up broth, but no solids and had Jell-O in the morning, which she spit up. He went onto note that Mrs. Richwine was complaining of mild shortness of breath and stated that this was not unusual for her. He recorded that he spoke to both Mr. and Mrs. Richwine and advised Mrs. Richwine that she could come to the Emergency Department for an evaluation. He added that they did not feel this was necessary at the time. He went onto note that if Mrs. Richwine experienced further fevers, nausea, vomiting, then she should call to be seen in the office for an evaluation. 20. Defendant Griffiths' note to Mrs. Richwine's chart following her death is inconsistent with the information provided to him prior to her death, and patently inconsistent with her physical findings on autopsy. 21. Plaintiff, Mr. Richwine, believes and therefore avers that Defendant Griffiths was negligent and provided substandard medical care, that is, medical care that fell below the standard of care, with respect to the post-operative care and advice given to he and Mrs. Richwine in failing to recognize Mrs. Richwine's complaints as symptoms of a bowel perforation and peritonitis, which caused her death. 22. Decedent's death was a direct result of Defendant Griffiths' surgery performed three days earlier. Defendant Griffiths should have recognized or at the very least thought, perhaps that Mrs. Richwine's 6 complaints were symptoms of a bowel perforation and developing peritonitis and absolutely should have instructed her to go directly to an Emergency Department for evaluation and treatment. 23. Had Defendant Griffiths so instructed Mr. and Mrs. Richwine, Mrs. Richwine would not have died. COUNT I - NEGLIGENCE Kenneth W. Richwine, as Administrator of the Estate of Nancy L. Richwine, Deceased and Kenneth W. Richwine, Individually and in his own rh!ht v. Richard L. Griffiths, D.O. 24. Paragraphs one through twenty-three of this Complaint are incorporated herein by reference as set forth at length. 25. Defendant Griffiths is liable to the Plaintiff, Mr. Richwine, for all injuries and damages alleged herein which were directly and proximately caused by his negligence in: a. Failing to examine and evaluate Mrs. Richwine post-operatively as stated herein; b. Failing to recognize Mrs. Richwine's complaints as symptoms of a bowel perforation and peritonitis, which caused her death; c. Failing to instruct Mr. and Mrs. Richwine to either come in to see him or go to an Emergency Department for evaluation and treatment that would have saved Mrs. Richwine's life; d. Failing to timely rule-out as part of a differential diagnosis, a bowel perforation and peritonitis as the cause of Mrs. Richwine's complaints and symptoms, which caused her death; e. Failing to order diagnostic tests to rule in or out a bowel perforation and peritonitis as the cause of Mrs. Richwine's complaints and symptoms, which caused her death; f. Erroneously reassuring Mr. and Mrs. Richwine that Mrs. Richwine's complaints and symptoms were normal on January 29 and 30, 2005, and recommending Tylenol or Advil; g. Erroneously reassuring Mr. and Mrs. Richwine that Mrs. Richwine's complaints and 7 symptoms were common and that time was all Mrs. Richwine needed to have those symptoms resolve; h. Erroneously telling Mr. and Mrs. Richwine that it was not necessary to go to an Emergency Department for evaluation and treatment; i. Misdiagnosing Mrs. Richwine's medical condition post-operatively; j. Erroneously minimizing the severity of Mrs. Richwine's post-operative medical condition; k. Failing to comply with the proper medical procedure for differential diagnoses; 1. Inappropriately permitting Mrs. Richwine's post-operative medical status to deteriorate and cause her death despite numerous calls from Plaintiff and his wife for help; and in. Failing to disclose to Mr. and Mrs. Richwine that Mrs. Richwine may have a serious, life-threatening medical condition based on her post-operative complaints and symptoms that required immediate, emergency medical attention, including diagnostic testing and surgery. 26. As a direct and proximate result of the negligence of Defendant Griffiths as alleged herein, Mrs. Richwine lost her life, Mr. Richwine lost his wife, and Steven Richwine lost his mother for which all recognized elements of damage are claimed as set forth below in this Complaint. WHEREFORE, Plaintiff, Kenneth W. Richwine, as Administrator of the Estate of Nancy L. Richwine, deceased, and Kenneth W. Richwine, Individually and in his own right, demands judgment against Defendant, Richard L. Griffiths, D.O., for compensatory damages in an amount in excess of Fifty-Thousand ($50,000.00) Dollars, exclusive of interests and costs, and in excess of any jurisdictional amount requiring compulsory arbitration, and for a trial by jury. 8 COUNT II - VICARIOUS LIABILITY Kenneth W. Richwine, as Administrator of the Estate of Nancy L. Richwine, Deceased and Kenneth W. Richwine, Individually and in his own right v. Healing Arts Surgical Associates 27. Paragraphs one through twenty-three and Count I of this Complaint are incorporated herein by reference as set forth at length. 28. At all times relevant to this Complaint, Defendant Griffiths was acting as an agent, apparent agent, servant, owner, co-owner, employee and/or shareholder of Defendant Healing Arts Surgical Associates and was furthering its economic and financial interests. 29. Plaintiff believes and therefore avers that Defendant Healing Arts Surgical Associates is vicariously liable for the negligence of Defendant Griffiths as alleged throughout this Complaint and in particular in Count I of this Complaint, which is incorporated herein by reference as if set forth at length. 30. As a direct and proximate result of the negligence of Defendant Griffiths and the vicarious liability of Defendant Healing Arts Surgical Associates as alleged herein, Mrs. Richwine lost her life, Mr. Richwine lost his wife, and Steven Richwine lost his mother for which all recognized elements of damage are claimed as set forth below in this Complaint. WHEREFORE, Plaintiff, Kenneth W. Richwine, as Administrator of the Estate of Nancy L. Richwine, deceased, and Kenneth W. Richwine, Individually and in his own right, demands judgment against Defendant, Healing Arts Surgical Associates, for compensatory damages in an amount in excess of Fifty-Thousand ($50,000.00) Dollars, exclusive of interests and costs, and in excess of any jurisdictional amount requiring compulsory arbitration, and for a trial by jury. 9 CLAIM I - SURVIVAL ACTION Kenneth W. Richwine, as Administrator of the Estate of Nancy L. Richwine, Deceased and Kenneth W. Richwine, Individually and in his own right v. Richard L. Griffiths, D.O. and Healing Arts Surgical Associates 31. Paragraphs one through twenty-three and Counts I and II of this Complaint are incorporated herein by reference as set forth at length. 32. Plaintiff, Kenneth W. Richwine, brings this action on behalf of the Estate of Nancy L. Richwine, deceased, under and by virtue of the Act of 1976, July 9, P.L. 586, 142, §2, 42 Pa. C.S.A. §8302. 33. Defendants are liable to the Estate of Nancy L. Richwine for injuries and damages as set forth herein. 34. Plaintiff, Kenneth W. Richwine, as Administrator of the Estate of Nancy L. Richwine, deceased, claims on behalf of said Estate, all damages suffered by said Estate by reason of the death of the decedent, including the decedent's medical expenses, the pain and suffering the decedent underwent prior to death, the decedent's loss of earnings and earning capacity, and for all other damages properly recoverable under 42 Pa. C.S.A. §8302. WHEREFORE, Plaintiff, Kenneth W. Richwine, as Administrator of the Estate of Nancy L. Richwine, deceased, and Kenneth W. Richwine, Individually and in his own right, demands judgment against Defendants, Richard L. Griffiths, D.O. and Healing Arts Surgical Associates, for compensatory damages in an amount in excess of Fifty-Thousand ($50,000.00) Dollars, exclusive of interests and costs, and in excess of any jurisdictional amount requiring compulsory arbitration, and for a trial by jury. CLAIM II - WRONGFUL DEATH Kenneth W. Richwine, as Administrator of the Estate of Nancy L. Richwine, Deceased and Kenneth W. Richwine, Individually and in his own right v. Richard L. Griffiths, D.O. and Healing Arts Surgical Associates 10 35. Paragraphs one through twenty-three and Counts I and II and Claim I of this Complaint are incorporated herein by reference as set forth at length. 36. Plaintiff, Kenneth W. Richwine, is the husband and widower of decedent, Nancy L. Richwine and is entitled to bring this wrongful death claim pursuant to 42 Pa. C.S.A. §8301(b). 37. Plaintiff, Kenneth W. Richwine, brings this action for the wrongful death of Nancy L. Richwine, deceased, in his own right and is entitled to recover damages under and by virtue of the Act of 1976, July 9, P.L. 586, No. 142, §2,42 Pa. C.S.A.§8301. 38. Decedent, Nancy L. Richwine, died on January 31, 2005 at the age of 43. 39. Plaintiff, Kenneth W. Richwine, is the Administrator of his late wife's Estate. 40. Decedent, Nancy L. Richwine, did not bring an action for her injuries during her lifetime. 41. Plaintiff, Kenneth W. Richwine, is a person entitled by law to recover damages for his late wife's wrongful death, as is their child, Steven W. Richwine, born February 11, 1997, who was 7 years old at the time of his mother's death. Their child was and remains fully dependent on his parents. The child has special needs, having been born with cerebral palsy. 42. Decedent, Nancy L. Richwine, died without having a Will, intestate. 43. As a direct and proximate result of the death of Mrs. Richwine, Mr. Richwine and Steven Richwine suffered a pecuniary loss and have been and in the future will always be deprived of Mrs. Richwine's companionship, contributions and services, support, comfort and consortium, for all of which damages are claimed. Plaintiff hereby makes claim for all other damages which he and his son are entitled under and by virtue of Pennsylvania's Wrongful Death Act, Pa. C.S.A. §8301. 11 44. As a result of the death of Mrs. Richwine, Mr. Richwine has incurred medical, funeral, burial and related expenses, as well as expenses for the administration of his late wife's Estate, for all of which claims is made therefor. WHEREFORE, Plaintiff, Kenneth W. Richwine, as Administrator of the Estate of Nancy L. Richwine, deceased, and Kenneth W. Richwine, Individually and in his own right, demands judgment against Defendants, Richard L. Griffiths, D.O. and Healing Arts Surgical Associates, for compensatory damages in an amount in excess of Fifty-Thousand ($50,000.00) Dollars, exclusive of interests and costs, and in excess of any jurisdictional amount requiring compulsory arbitration, and for a trial by jury. Date: t tlltf 0 7 Respectfully submitted, NAVITSKY, OLSQN & Michael J. av tsky, Esc I.D. No. 58 0 2040 Lingles own Road, Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff 12 303 LLP VERIFICATION I, Kenneth W. Richwine, Administrator of the Estate of Nancy L. Richwine, Deceased and Kenneth W. Richwine in his own right, verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the provisions of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Kenneth W. Richwine, Administrator of the Estate of Nancy L. Richwine, deceased and Kenneth W. Richwine in his own right CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, do hereby Ij* certify that I am this I day of November, 2007 serving a true and correct copy of Plaintiffs Complaint upon all counsel of record via postage prepaid first class United States mail addressed as follows: Daniel L.Grill, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 305 North Front Street Harrisburg, PA 17101 Counsel for Defendants 1 Jessie K. Walsh 13 C czi ril Ci Y ,, ' TI Thomas, Thomas and Hafer, LLP By. Daniel L. Grill, Esquire Attorney I.D. 65339 Carrie E. Smyth, Esquire Attorney ID 202041 305 N. Front Street Harrisburg, PA 17103 717-237-7115 717-237-7105 fax dgriil@tthlaw.com Attorneys for Defendant Richard L. Griffiths, D. 0. KENNETH W. RICHWINE, as Administrator of the Estate of Nancy L. Richwine, deceased, and KENNETH W. RICHWINE, Individually and in his own right PLAINTIFFS :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY PENNSYLVANIA DOCKET NO. 06-7213 CIVIL TERM CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY V. RICHARD L. GRIFFITHS, D.O. and HEALING ARTS SURGICAL ASSOCIATES DEFENDANTS :JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Michael J. Navitsky, Esq. Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. THOMAS, THOMAS & HAFER, LLP By: o? Daniel L. Grill Carrie E. Smyth, Esquire DATE: November 29, 2007 By: Daniel L. Grill, Esquire Identification No. 65339 Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7115 Attorneys for Defendant Richard L Griffiths, D.O. KENNETH W. RICHWINE, as Administrator of the Estate of Nancy L. Richwine, deceased, and KENNETH W. RICHWINE, Individually and in his own right PLAINTIFFS v. RICHARD L. GRIFFITHS, D.O. and HEALING ARTS SURGICAL ASSOCIATES DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA :DOCKET NO. 06-7213 CIVIL TERM :CIVIL ACTION - WEDICAL PROFESSIONAL LIABILITY JURY TRIAL DEMANDED DEFENDANT RICHARD L. GRIFFITHS, D.O.'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes defendant RICHARD L. GRIFFITHS, D.O. (hereinafter "Answering Defendant"), by and through his counsel, and avers the following Answers to Plaintiff's Complaint. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of the Complaint. 2. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of the Complaint. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. This paragraph of the Complaint refers to a defendant other an Answering Defendant and therefore, no answer is required. However, on information and belief, it is specifically denied that co-defendant Healing Arts Surgical Associates is a professional medical corporation. To the contrary, it is believed that said defendant is a business entity registered as a fictitious name which was created on April 20, 2004 and which is owned by Answering Defendant Dr. Griffith. 7. Denied. It is specifically denied that at any time relevant to this Complaint, Dr. Griffith was acting as an agent, apparent agent, servant, owner, co-owner, employee, and/or shareholder of Defendant Healing Arts Surgical Associates or was at any relevant time furthering the economic and financial interests of the co-defendant. 8. Denied as a conclusion of law to which no answer is required. Moreover, Defendant Healing Arts Surgical Associates is a fictitious entity. It did not and does not employ Dr. Griffith in any capacity. 9. Denied. This paragraph of the Complaint contains conclusions of law to which no answer is required. 10. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of the Complaint. 11. Admitted in part and Denied in part. It is admitted only that an autopsy was performed on or about February 1, 2005. The contents of the autopsy report including cause of death are hearsay and thus on information and belief related averments in this paragraph of the Complaint are denied as strict proof thereof is demanded. Finally, it is specifically denied that "Defendant Griffiths accidentally perforated her bowel during the gallbladder removal and this perforation caused an infection (peritonitis which caused her death)". To the contrary, all actions or omissions to act by Dr. Griffiths were reasonable, prudent and within the standard of care. It is specifically denied that he caused perforation of the bowel and strict proof to the contrary is demanded. 12. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of the Complaint. 13. Admitted. 14. Admitted. It is admitted that Defendant Dr. Griffiths discharged Mrs. Richwine home from the hospital a few hours following completion of the surgery. 15.-16. Admitted in part and Denied in part. It is admitted only that telephone calls were placed by one or both of the Richwines on both Saturday, January 29, 2005 and Sunday, January 30, 2005. All other averments of these paragraphs of the Complaint including the characterizations of the telephone calls, are denied generally pursuant to Pa. R.C.P. 1029(e) 17. Denied. This paragraph of the Complaint is denied generally pursuant to Pa R.C.P. 1029(e). Moreover, it is specifically denied that the cause of death was found on autopsy to be surgically perforated bowel that had caused massive infection or that a surgically perforated bowel was identified as a complication of surgery performed by Dr. Griffiths. 18. Admitted in part and Denied in part. It is admitted that Dr. Griffiths prepared a note for Mrs. Richwine's chart after learning of her death. All other averments of this paragraph are denied generally pursuant to Pa R.C.P. 10259(e). 19. Admitted in part and Denied in part. It is admitted that Dr. Griffiths prepared a note for Mrs. Richwine's chart after learning of her death. All other averments of this paragraph are denied generally pursuant to Pa R.C.P. 10259(e). 20. Denied. It is specifically denied that Dr. Griffiths' chart notations are inconsistent with the information provided to him prior to Mrs. Richwine's death. It is also specifically denied that the information he recorded in the chart is "patently inconsistent" with the physical findings on autopsy. 21. Denied. This paragraph of the Complaint is denied generally pursuant to Pa R.C.P. 1029(e). Moreover, all averments of substandard, post-operative medical care and advice are specifically denied. To the contrary, all actions or omissions to act on the part of Dr. Griffiths were reasonable, prudent, and within the standard of care. 22. Denied. This paragraph of the Complaint is denied generally pursuant to Pa R.C.P. 1029(e). All averments of negligence and suggestions of negligence are specifically denied. To the contrary, all actions and omissions to act on the part of Dr. Griffith were reasonable, prudent and met the standard of care. 23. Denied. This paragraph of the Complaint is denied generally pursuant to Pa R.C.P. 1029(e). All averments or suggestions that any actions or omissions of Dr. Griffiths caused Mrs. Richwine's death are specifically denied. COUNT I KENNETH W. RICHWINE AS ADMINISTRATOR OF THE ESTATE OF NANCY L. RICHWINE, and KENNETH W. RICHWINE, INDIVIDUALLY AND IN HIS OWN RIGHT, V. RICHARD L. GRIFFITHS, D.O. NEGLIGENCE 24. Answering Defendant incorporates herein by reference his answers to paragraphs 1 through 23, inclusive, of Plaintiffs Complaint as if same were set forth in their entirety. 25. (a)-(m) Denied. Defendant Dr. Griffiths specifically denies that he is liable to the plaintiff and specifically denies each and every averment of negligence including the general averments and the specific averments contained within subparagraphs (a) through (m) of this paragraph of the Complaint. To the contrary, every act or omission to act on the part of Dr. Griffiths was reasonable, prudent, and within the standard of care and was not the proximate cause of any harm to the plaintiff or plaintiff's decedent. 26. Denied. All averments of negligence, proximate cause, and damages are specifically denied. To the contrary, all acts or omissions to act on the part of Dr. Griffiths were reasonable, prudent and within the standard of care and did not cause harm to plaintiff or plaintiff's decedent Strict proof is demanded for each element of damages. WHEREFORE, Answering Defendant Richard L. Griffiths, D.O. demands Judgment in his favor, dismissing the plaintiff's Complaint and awarding costs, counsel fees and other relief as provided by applicable law. COUNT II KENNETH W. RICHWINE AS ADMINISTRATOR OF THE ESTATE OF NANCY L. RICHWINE, and KENNETH W. RICHWINE, INDIVIDUALLY AND IN HIS OWN RIGHT, V. RICHARD L. GRIFFITHS, D.O_ . VICARIOUS LIABILITY 27. Answering Defendant incorporates herein by reference his answers to paragraphs 1 through 26, inclusive, of Plaintiff's Complaint as if same were set forth in their entirety. 28. Denied. It is specifically denied that at any time relevant to this Complaint, Dr. Griffith was acting as an agent, apparent agent, servant, owner, co-owner, employee, and/or shareholder of Defendant Healing Arts Surgical Associates or was at any relevant time furthering the economic and financial interests of the co-defendant. 29.-30. Denied. These paragraphs of the Complaint refer only to Defendants other than the Answering Defendant and no answer is therefore required. By way of further answer, Dr. Griffiths denies that he was acting on behalf of Healing Arts Surgical Associates and therefore, Healing Arts Surgical Associates, which upon information and belief is only a fictitious entity, cannot be vicariously liable for the acts or omissions of Dr. Griffiths. All averments of negligence and proximate causation contained within these paragraphs are specifically denied. To the contrary, all acts or omissions to act were reasonable, prudent and within the standard of care. WHEREFORE, Answering Defendant Richard L. Griffiths, D.O. demands Judgment in his favor, dismissing the plaintiff's Complaint and awarding costs, counsel fees and other relief as provided by applicable law. CLAIM I KENNETH W. RICHWINE AS ADMINISTRATOR OF THE ESTATE OF NANCY L. RICHWINE and KENNETH W. RICHWINE INDIVIDUALLY AND IN HIS OWN RIGHT, V. RICHARD L. GRIFFITHS, D.O_ . SURVIVAL ACTION 31. Answering Defendant incorporates herein by reference his answers to paragraphs 1 through 30, inclusive, of Plaintiff's Complaint as if same were set forth in their entirety. 32. Denied. This paragraph of the Complaint consists of conclusions of law to which no answer is required. 33. Denied. This paragraph of the Complaint is denied generally pursuant to Pa. R.C.P. 1029(e). Moreover, it is specifically denied that Answering Defendant is liable to the Estate. 34. Denied. This paragraph of the Complaint consists of conclusions of law to which no answer is required. WHEREFORE, Answering Defendant Richard L. Griffiths, D.O. demands Judgment in his favor, dismissing the plaintiff's Complaint and awarding costs, counsel fees and other relief as provided by applicable law. CLAIM II KENNETH W. RICHWINE. AS ADMINISTRATOR OF THE ESTATE OF NANCY L. RICHWINE, and KENNETH W. RICHWINE, INDIVIDUALLY AND IN HIS OWN RIGHT, V. RICHARD L. GRIFFITHS, D.O. WRONGFUL DEATH 35. Answering Defendant incorporates herein by reference his answers to paragraphs 1 through 34, inclusive, of Plaintiff's Complaint as if same were set forth in their entirety. 36.-37. Denied. These paragraphs in the Complaint contain conclusions of law to which no answer is required. 38. Admitted. 39. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of the Complaint. 40. Denied. This paragraph of the Complaint is denied generally pursuant to Pa. R.C.P. 1029(e). 41. Denied. This paragraph of the Complaint contains conclusions of law to which no answer is required. All averments concerning Steven W. Richwine are denied because after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of the Complaint. 42. Denied. This paragraph of the Complaint is denied generally pursuant to Pa. R.C.P. 1029(e). 43.44. Denied. These paragraphs contained conclusions of law to which no answer is required. Moreover, Answering Defendant denies all specific claims for pecuniary loss and other claimed losses and deprivations, and strict proof thereof is demanded. WHEREFORE, Answering Defendant Richard L. Griffiths, D.O. demands Judgment in his favor, dismissing the plaintiff's Complaint and awarding costs, counsel fees and other relief as provided by applicable law. NEW MATTER By way of further and more complete Answer, Defendant, Richard L. Griffiths, D.O., asserts the following new matter. 45. Plaintiff's Amended Complaint fails to state a claim upon which relief can be granted. 46. Some of the Plaintiff's claims are barred by the applicable statute of limitations. 47. Answering Defendants at all times pertinent hereto strictly adhered to the applicable standard(s) of care, and no conduct of answering Defendant was a proximate cause of the alleged injuries or damages to Plaintiff. 48. Plaintiff's claims are barred and/or limited by the provisions of the Pennsylvania Health Care Services and Malpractice Act. 49. Plaintiff's alleged damages were caused solely by the acts, conduct, negligence, carelessness and/or recklessness of individuals and/or entities over whom answering Defendants have no control, nor any right to control, nor any duty to control. 50. Plaintiff's claims are barred and/or limited by the Doctrine of Contributory Negligence or by the Doctrine of Comparative Negligence. 51. Plaintiff's claims are barred by the Doctrine of Assumption of the Risk. 52. Rule 238 concerning damages for delay are unconstitutional and all allegations or assertions for delay damages are barred. 53. Section 606 of the Health Care Services Malpractice Act provides that, in the absence of a special contract in writing, a health care provider is neither a warrantor nor a guarantor of a cure, and such provision bars the claim of the Plaintiffs in this case. 54. Plaintiff's claim, the existence of which is specifically denied, may be reduced and/or limited by any collateral source of compensation and/or benefit in accordance with the Pennsylvania Supreme Court decision Moorehead v. Crozer Chester Medical Center. 55. Defendants raise all affirmative defenses of the Medical Care Availability and Reduction of Error (MCARE) Act a/k/a Act 13 of 2002, 40 P.S. § 1303 et seq., as a limit/barred to Plaintiffs' claims. WHEREFORE, Answering Defendant, Richard L. Griffiths, D.O. demand judgment in their favor, dismissing the Plaintiff's Complaint and awarding costs, counsel fees, and other relief as provided by applicable law. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: Daniel L. Grill, Esquire I.D. No. 65339 Carrie E. Smyth, Esquire I.D. No. 202041 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7115 Attorneys for Defendant. Richard L. Griffiths, D.O. 478004.2 VERIFICATION I, Richard L. Griffiths, D.O., hereby state and aver that I have read the foregoing Answer to Plaintiff's Complaint with New Matter which was drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief, although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal pe ies. Richard L.Gn fiths, .O. Dated: I z? o f, CERTIFICATE OF SERVICE I, Sue-Ellen Danielsen, an employee of the law offices of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a copy of the following document by depositing the same in the United States mail, first class, postage prepaid, as follows: Michael J. Navitsky, Esq. V?A0' Navitsky, Olson & Wisneski, LLP , °" may" 2040 Linglestown Road, Suite 303 ?14-Vtie Harrisburg, PA 17110 fz3 Attorneys for Plaintiff Dated: 04.vt , ZA, Sue-Ellen Danielsen P. 01 TRANSACT*.ON REPORT JAN-2:'--2008 TUE 09.30 AM FOR : THOMAS,, THOMAS, & HAFER 7.172377105 SEND DATE START RECEIVER TX TIME PAGES JYPE NOTE M# DP, ' ,SAN-22 09 : 28 AM '917175419206 2' 09" 14 FAX TX OK' 249 TOTAL ? 2M 9$ 'Pfr-0: 14 . , HARRISBUK6 r r' r TT ,1y9?4. T' ATTUPM48ATLANF ` UIuR9LEHRM r . PITTHBURCh 4; we74'.d?1S1R• ifntl VAiTWORE THOMAS, "Ok4S r' " & .i1AF IW.v kt i . TO: ,.Michael Navitsky, Esq. ' ISM: Daniel Grill, Esq. . FrAR: ? .717-541-9206 FIX: Richwine v. Griffiths DATE: January 22, 2008 TOTAL *UMBER'OF-PAGES INCLUDING,THTS COVER SHEETS 14 IF PAGES ARE NOT RECEIVED AS INDICATED, PEASE CONTACT: , Sue-Elien.tlan elsan AT 717-237-7148 09 sdanie ?n@tthlaw.com. i' ,. ORIGINAL WILL FOLLOW. WILL NOT.FOLLOW " i WWAOIN: A edpy,,YAIl be horA delirerod;by Dan Carpi tom9m,0 .atthe deposit . t TY NOTICE: This 11acsirnile contains Con?identimi, In tr idmat?b 0 may also be b%afly prey &g woo "wq whdcp: I F4014011 dnIY Ibr fhb use of the AcIft6@e(s) nat* above. K You, not tho Intended McIP&A or the Fmpi a rasporist?b for delirerirlyit to the intended redpierit yob are;F?efeby plied that any d esemfbatbh or cop rln9 this a or the tok?p of action in roBBmw on 1173 corderga of 1h? to tad irrtunrr w on, may b: ?dy pldli IfF * a iv 1 b h s ' ' ' t you fo d ed t 1o i :: sr am, ee please arotify us immedi;At by aieptto'e Snd,rekn the entire faosknde Idr the above addniss, at our cost, vie the U.S, Postal Servke, Thank you. i r E' n r?FLL'1/1'g Exca]l •. m, Dedifmwd CvUltot j. r r 105 Na¢tllPraat Street, Sixth Hoar, Nnrrirhurg'PA i 71.01 Pimmm (717) gW-7100 ?1 %%f AAi N&L' PQ Bqz 99B'?%irilburg.'FA 17108 i a FY '0'17) 3t ayon r :. HARRISBURG T BETHLEHEM P1TI'SBTjRGH BALTIMORE THOMAS, THOMAS & HAFER 1.1.N TO: Michael Navitsky, Esq. FROM: Daniel Grill, Esq. FAX: 717-541-9206 RE: Richwine v. Griffiths DATE: January 22, 2008 TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET: 14 ATTORNEYS AT LAW 'wVvw. tt1 law. C0II1 IF PAGES ARE NOT RECEIVED AS INDICATED, PLEASE CONTACT: Sue-Ellen Danielsen AT 717-237-7148 OR sdanielsen@tthlaw.com. ? ORIGINAL WILL FOLLOW ? WILL NOT FOLLOW MESSAGE: A copy will be hand delivered by Dan Grill tomorrow at the deposition. CONFIDENTIALITY NOTICE: This facsimile contains confidential information which may also be legally privileged and which is intended only for the use of the Addressee(s) named above. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile, or the taking of any action in reliance on the contents of this telecopied information, may be strictly prohibited. If you have received this facsimile in error, please notify us immediately by telephone and return the entire facsimile to us at the above address, at our cost, via the U.S. Postal Service. Thank vou. Endurin-, Excellence. Dedicated Counsel. 305 North Front Street, Sixth Floor, Harrisburg, PA 17101 Phone: (717) 237-7100 Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Fax: (717) 237-7105 C-1 KENNETH W. RICHWINE, as Administrator of the ESTATE OF NANCY L. RICHWINE, Deceased, and KENNETH W. RICHWINE, Individually and in his own right, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 06-7213 Civil Term CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY RICHARD L. GRIFFTHS, D.O., and HEALING ARTS SURGICAL ASSOCIATES, JURY TRIAL DEMANDED Defendants PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER 45. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. Plaintiff s Complaint states a claim upon which relief can be granted. 46. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. Plaintiff's claims were timely filed. 47. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. Defendants were negligent and their negligence proximately caused the injuries and damages alleged in Plaintiff s Complaint. 48. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. None of Plaintiff s claims are barred or limited by the provisions of the Pennsylvania Health Care Services and Malpractice Act. 49. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. Defendants were negligent and their negligence caused the injuries and damages set forth in Plaintiff s Complaint. 50. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. Plaintiff s were not negligent in any fashion. 51. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. Plaintiff did not assume the risk. 52. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. Delay damages are constitutional. 53. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. Section 606 of the Health Care Services Malpractice Act does not bar Plaintiff s claims in any fashion as set forth in Plaintiff s Complaint. 54. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. Plaintiff's claims are governed by the Medical Malpractice Act. 55. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. Affirmative defenses not raised are waived. Date: Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP s r?? Z Michael J. itsky, Esq ' 1. D. No. 58 03 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, MICHAEL J. NAVITSKY, being duly sworn according to law, depose and say that I am counsel for Plaintiff, Kenneth W. Richwine, as Administrator of the Estate of Nancy L. Richwine, Deceased, and Kenneth W. Richwine, Individually and in his own right, and I am authorized to make this affidavit on behalf of said Plaintiffs, and verify that the facts set forth in the foregoing Response to New Matter are true and correct to the best of my knowledge, information and belief, or are true and correct based on the information obtained from Plaintiff. Sworn and subscribed before me this N day of !iY1UOW , 2008. Notary Public COMMONWEALTH OF PENNSYL ANIA Notarial Seal Lola E. Stauffer, Notary Public City of Harrisburg, Dauvin County 01 Commission Expires Mar. 28, 2009 CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, do hereby certify that I am this day of January, 2008 serving a true and correct copy of Plaintiff's Response to Defendants' New Matter upon all counsel of record via postage prepaid first class United States mail addressed as follows: Daniel L. Grill, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 305 North Front Street Harrisburg, PA 17101 Counsel for Defendants Jessie K. Walsh frv) ?? CU 1'l t''J CC) ti .y ' • ? CERTIFICATE ORIGINAL PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KENNETH W. RICHWINE, AS ADMIN. OF THE TERM, EST. OF NANCY L. RICHWINE, DEC., ET AL CUMBERLAND -VS- CASE NO: 06-7213 RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, ESQ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/11/2008 on be alb o???;?'? , ///s DANIEL L. Go(R/-'ILL, GESQ Attorney for DEFENDANT R1.51 118-H nsii 52162 -L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KENNETH W. RICHWINE, AS ADMIN. OF THE EST. OF NANCY L. RICHWINE, DEC., ET AL -VS- RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. COURT OF COMMON PLEAS TERM, CASE NO: 06-7213 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HARRISBURG HOSPITAL MEDICAL RECORDS CARLISE HOSPITAL MEDICAL RECORDS DAVID B. EVANS, M.D. MEDICAL RECORDS CVS PHARMACY PRESCRIPTION/PHARMACEUTICAL RECORDS CAREMARK INC ATTENTION PRESCRIPTION/PHARMACEUTICAL RECORDS TO: MICHAEL J. NAVITSKY, ESQ., PLAINTIFF COUNSEL MCS on behalf of DANIEL L. GRILL, ESQ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/20/2008 CC: DANIEL L. GRILL, ESQ - 480-51544 Any questions regarding this matter, contact MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 118-H DE02-0386527 52162-COI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH W. RICHWINE, AS ADMIN. OF THE VS. RICHARD L. GRIFFITHS, D.O. & HEALING File No. 06-7213 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: * * * * SEE ATTA .D RIDER * * * * at The MCS Group. Inc.. 1601 Market Street. Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DANIEL L. GRILL. ES ADDRESS: 305 NORTH FRONT S' TELEPHONE: _(215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAR 1 1 2008 Date: 'ghs g Seal of the Court BY T OURT: Pro otary /Cler i '1 ivision Deputy 52162-06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KENNETH W. RICHWINE, AS ADMIN. OF THE EST. OF NANCY L. RICHWINE, DEC., ET AL -VS- RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. COURT OF COMMON PLEAS TERM, CASE NO: 06-7213 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HARRISBURG HOSPITAL MEDICAL RECORDS CARLISE HOSPITAL MEDICAL RECORDS DAVID B. EVANS, M.D. MEDICAL RECORDS CVS PHARMACY PRESCRIPTION/PHARMACEUTICAL RECORDS CAREMARK INC ATTENTION PRESCRIPTION/PHARMACEUTICAL RECORDS TO: MICHAEL J. NAVITSKY, ESQ., PLAINTIFF COUNSEL MCS on behalf of DANIEL L. GRILL, ESQ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/20/2008 CC: DANIEL L. GRILL, ESQ - 480-51544 Any questions regarding this matter, contact MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 118-H DE02-0386527 52162-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH W. RICHWINE, AS ADMIN. OF THE VS. RICHARD L. GRIFFITHS, D.O. & HEALING File No. 06-7213 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARL ISE HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Gmo Inc 1601 Market Street, Suite 800, Philadelphia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DANIEL L. GRILL. ES ADDRESS: 305 NORTH-FRONT-9 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAR 1 1 2008 BY THE URT: Protb) notary/Cler vision ---- Deputy Date: o??4S Los Seal of the Court 52162-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISE HOSPITAL MEDICAL RECORDS DEPT 246 PARKER STREET CARLISE. PA 17013 RE: 52162 NANCY L RICHWINE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : NANCY L RICHWINE Social Security #: 206-48-1347 Date of Birth: 09-15-1961 R1.49S 118-H SU10-0721986 52162 -LO7 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KENNETH W. RICHWINE, AS ADMIN. OF THE EST. OF NANCY L. RICHWINE, DEC., ET AL ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. CASE NO: 06-7213 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, ESQ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/11/2008 / / ? on b a of/1? 3 DANIEL L. GRILL, ESQ Attorney for DEFENDANT R1.51 118-H DEll 52162 -L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KENNETH W. RICHWINE, AS ADMIN. OF THE EST. OF NANCY L. RICHWINE, DEC., ET AL -VS- RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. COURT OF COMMON PLEAS TERM, CASE NO: 06-7213 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HARRISBURG HOSPITAL MEDICAL RECORDS CARLISE HOSPITAL MEDICAL RECORDS DAVID B. EVANS, M.D. MEDICAL RECORDS CVS PHARMACY PRESCRIPTION/PHARMACEUTICAL RECORDS CAREMARK INC ATTENTION PRESCRIPTION/PHARMACEUTICAL RECORDS TO: MICHAEL J. NAVITSKY, ESQ., PLAINTIFF COUNSEL MCS on behalf of DANIEL L. GRILL, ESQ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/20/2008 CC: DANIEL L. GRILL, ESQ - 480-51544 Any questions regarding this matter, contact MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 118-H D902-0386527 52162 -CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH W. RICHWINE, AS ADMIN. OF THE File No. 06-7213 VS. RICHARD L. GRIFFITHS, D.O. & HEALING SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DAVID B EVANS, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Qmun Inc 1601 Market Street. Suite 800 Philadelphia PA 1910' 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 L. GRILL. E ADDRESS: 305 NORTH FRONT TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant in MAR 1 1 2008 Date: 021/508 Seal of the Court Deputy 52162-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DAVID B. EVANS, M.D. C/O CAROLYN ROLLER 850 WALNUT BOTTOM RD CARLISLE, PA 17013 RE: 52162 NANCY L RICHWINE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : NANCY L RICHWINE Social Security #: XXX-%E-1347 Date of Birth: 09-15-1961 R1.49S 118-H OU10-0721988 52162-LO8 CERTIFICATE ORIGINAL PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS KENNETH W. RICHWINE, AS ADMIN. OF THE TERM, EST. OF NANCY L. RICHWINE, DEC., ET AL CUMBERLAND -VS- CASE NO: 06-7213 RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, ESQ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/11/2008 S ? on b 1?- of/1?""" ? - DANIEL L. GRILL ESQ Attorney for DEFENDANT R1.51 118-H DE11 52162 -L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KENNETH W. RICHWINE, AS ADMIN. OF THE EST. OF NANCY L. RICHWINE, DEC., ET AL -VS- RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. COURT OF COMMON PLEAS TERM, CASE NO: 06-7213 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HARRISBURG HOSPITAL MEDICAL RECORDS CARLISE HOSPITAL MEDICAL RECORDS DAVID B. EVANS, M.D. MEDICAL RECORDS CVS PHARMACY PRESCRIPTION/PHARMACEUTICAL RECORDS CAREMARK INC ATTENTION PRESCRIPTION/PHARMACEUTICAL RECORDS TO., MICHAEL J. NAVITSKY, ESQ., PLAINTIFF COUNSEL MCS on behalf of DANIEL L. GRILL, ESQ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/20/2008 CC: DANIEL L. GRILL, ESQ - 480-51544 Any questions regarding this matter, contact MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 118-H DE02-0386527 52162-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH W. RICHWINE, AS ADMIN. OF THE VS. RICHARD L. GRIFFITHS, D.O. & HEALING File No. 06-7213 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CVS PHARMACY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ****SEE ATTACHED RIDER**** at The MCS Groilp, Inc.. 1601 Market Street, Suite 800 iladelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DANIEL L. GRILL. ESQ ADDRESS: 305 NORTH FRONT ST. P.O. BOX 999 HARRISBURG. PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAR 1 1 2008 Date: 01?1510 8 Seal of the Court BY THE C T: Protho tary/Cler ivi ' n Deputy 52162-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CVS PHARMACY PRIVACY OFFICE 1 CVS DRIVE WOONSOCKET, RI 02815 RE: 52162 NANCY L RICHWINE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. STORE LOC: 765 SOUTH WEST STREET, CARLISLE, PA 17013 Entire prescription and/or pharmaceutical file, including but not limited to any and all records, reports, correspondence, memoranda, complete history and payment records, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : NANCY L RICBWINE Social Security #: 206-48-1347 Date of Birth: 09-15-1961 R1.49S 118-H SU10-0721990 52162 -L09 ORIGINAL % CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: KENNETH W. RICHWINE, AS ADMIN. OF THE EST. OF NANCY L. RICHWINE, DEC., ET AL -VS- RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 06-7213 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DANIEL L. GRILL, ESQ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/11/2008 . o l A of / At' a /? DANIEL L. GRILL ES Q Attorney for DEFENDANT R1.51 118-H DE11 52162 -L10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: KENNETH W. RICHWINE, AS ADMIN. OF THE EST. OF NANCY L. RICHWINE, DEC., ET AL -VS- RICHARD L. GRIFFITHS, D.O. & HEALING ARTS SURGICAL ASSOC. COURT OF COMMON PLEAS TERM, CASE NO: 06-7213 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HARRISBURG HOSPITAL MEDICAL RECORDS CARLISE HOSPITAL MEDICAL RECORDS DAVID B. EVANS, M. D. MEDICAL RECORDS CVS PHARMACY PRESCRIPTION/PHARMACEUTICAL RECORDS CAREMARK INC ATTENTION PRESCRIPTION/PHARMACEUTICAL RECORDS TO: MICHAEL J. NAVITSKY, ESQ., PLAINTIFF COUNSEL MCS on behalf of DANIEL L. GRILL, ESQ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/20/2008 CC: DANIEL L. GRILL, ESQ - 480-51544 Any questions regarding this matter, contact MCS on behalf of DANIEL L. GRILL, ESQ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.49S 118-H DE02-0386527 52162-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNETH W. RICHWINE, AS ADMIN. OF THE File No. 06-7213 VS. RICHARD L. GRIFFITHS, D.O. & HEALING SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CAREMARK INC ATTENTION (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Ca= Inc., 1601 Market Street. Suite 800, Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DANIEL L. GRILL. ES ADDRESS: 305 NORTH FRONT S' TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T URT: Pro notary/Clerk, vil Dfision LIAR 1 1 2008 Deputy Date: oZ?15?08 Seal of the Court 52162-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CAREMARK INC ATTENTION OFFLINE SUPPORT TEAM #110 6950 ALAMO DOWNS PKY SAN ANTONIO, TX 78238 RE: 52162 NANCY L RICHWINE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. STORE LOC: 211 COMMERCE STREET, STE. 800, NASHVILLE, TN 37201 Entire prescription and/or pharmaceutical file, including but not limited to any and all records, reports, correspondence, memoranda, complete history and payment records, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : NANCY L RICHWINE Social Security #: BEZ-EE-1347 Date of Birth: 09-15-1961 R1.49S 118-H SU10-0721992 52162 -L10 C> c O C c::Z) -Ti ?m -c+ r-, ?Fn KENNETH W. RICHWINE, as Administrator: of the ESTATE OF NANCY L. RICHWINE, : Deceased, and KENNETH W. RICHWINE, Individually and in his own right, Plaintiff VS. RICHARD L. GRIFFTHS, D.O., and HEALING ARTS SURGICAL ASSOCIATES,: Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEN4A r a NO. 06-7213 Civil Term CIVIL ACTION o MEDICAL PROFESSIONAL ?iABILHY D 7-- j C-D JURY TRIAL DEMANDED PLAINTIFF'S MOTION REQUESTING THE SCHEDULING OF A CASE MANAGEMENT CONFERENCE AND NOW, comes Kenneth W. Richwine, as Administrator of the Estate of Nancy L. Richwine, Deceased, and Kenneth W. Richwine, Individually and in his own right by his attorneys Navitsky, Olson & Wisneski LLP, and hereby Motion Your Honorable Court to schedule a status conference in the above-captioned case for the following reasons: 1. A status conference is requested in this medical malpractice/wrongful death case in order to establish pre-trial deadlines regarding the exchange of expert reports and to secure a trial date for this case which should require three to four days to complete.. 2. Basic discovery has been conducted and completed over the past two years. 3. Plaintiff believes that a status conference would serve the purpose of allowing all the parties to complete their discovery in a timely fashion while allowing the case to be listed for trial at a time that does not conflict with the schedules of the parties, medical experts, and counsel. WHEREFORE, Plaintiff requests this Honorable Court to schedule a status conference. Respectfully submitted, NAVITSKY, OLSON & ISNESKI LLP I" 3 Michael J. Na#itsky, Esqtl? I.D. No. 58803 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 Attorney for Plaintiff Date: - '??? CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, do hereby certify that I am this ?CII?ay of January, 2010 serving a true and correct copy of Plaintiffs Petition for Status Conference upon all counsel of record via postage prepaid first class United States mail addressed as follows: Daniel L.Grill, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 305 North Front Street Harrisburg, PA 17101 Counsel for Defendants l Jessie K. Walsh .1 s IAN 2 2010 KENNETH W. RICHWINE, as Administrator: of the ESTATE OF NANCY L. RICHWINE, : Deceased, and KENNETH W. RICHWINE, Individually and in his own right, Plaintiff VS. RICHARD L. GRIFFTHS, D.O., and HEALING ARTS SURGICAL ASSOCIATES,: Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 06-7213 Civil Term CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY JURY TRIAL DEMANDED ORDER OF COURT AND NOW, upon consideration of Plaintiff's Motion Requesting The Court to Schedule a Case Management Conference and to Issue a Scheduling Order pursuant to Pa.R.C.P. 1042.41, it is hereby Ordered that a Case Management Conference will be held in this matter on the 10 day of 2010, at (.30 o'clock aw/pm. The Conference will take place before The Honorable ;1"A in and counsel for all parties shall attend. BY THE COURT: /41,? N:20115 ?Ua t ES rn? t? 1 cn .. I = - - ; ell) F -},-, r , KENNETH W. RICHWINE, AS ADMINISTRATOR OF THE ESTATE: OF NANCY L. RICHWINE, DECEASED,: AND KENNETH W. RICHWINE, INDIVIDUALLY AND IN HIS OWN RIGHT, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD L. GRIFFITHS, D.O., AND HEALING ARTS SURGICAL ASSOCIATES, DEFENDANTS 06-7213 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of February, 2010, counsel having appeared for a case management conference and related that basic discovery has been completed the following schedule is established to resolve outstanding expert discovery: (1) Plaintiff will share his expert report with defendant by May 1, 2010. (2) Defendant will share his expert report with plaintiff by July 1, 2010. (3) Rebuttal reports shall be shared by August 1, 2010. The parties agree to file any dispositive motions on or before August 20, 2010, and further agree that any motions in limine or a motion to bifurcate will be filed on or before the pre-trial conference on September 8, 2010. The parties request a date certain for trial on Monday, September 20, 2010. The court will so advise the Court Administrator; however, the parties are advised that they will still need to list the case for trial. 10 4 ? 'rip Cr :? ? zJ C? n C Michael J. Navitsky, Esquire 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 -,- HaDaniel L. Grill, Esquire P.O. Box 999 305 North Front Street Harrisburg, PA 17101 Court Administrator ':sal t." m,zu a/Iz.1 rv L- By the Court, Albert H. Masland, J.