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JACOB BELT, A Minor by
TONYA MOORE and JEREMY BELT,
His parents and natural
guardians, and TONYA MOORE
and JEREMY BELT, Individually
and in their own right,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 'If. j .,.;/ C,-<<,,j/ 7;,,--
CIVIL ACTION - LAW
vs.
WENDY SWISHER, R.N. and
CARLISLE HOSPITAL,
Defendants
JURY TRIAL DEMANDED
COMPLAINT
1. plaintiffs, Tanya Moore and Jeremy Belt, are adult
individuals, parents and natural guardians of Minor plaintiff,
Jacob Belt, and reside in Boiling springs, Cumberland County,
pennsylvania.
2. Defendant, Wendy swisher, R.N., is an adult individual
and is a registered nurse who, in september, 1995, practiced
nursing in Carlisle, Cumberland County, pennsylvania.
3. Defendant, Carlisle Hospital, is a corporate institution
with offices and medical facilities in Carlisle, Cumberland County,
Pennsylvania. Carlisle Hospital's registered address is 224 Parker
street, carlisle, Cumberland County, pennsylvania, 17013.
4. At all relevant times hereinafter, Defendant Swisher was
an actual or ostensible agent, apparent agent, servant and/or
employee of Defendant, Carlisle Hospital.
5. At all relevant times hereinafter, Defendant Swisher,
the nursing staff, and ancillary hospital personnel who provided
care to Minor Plaintiff, Jacob Belt, in September, 1995, were
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actual or ostensible agents, apparent agents, servants, and/or
employees of Defendant, Carlisle Hospital.
6. plaintiff, Jacob Belt, was evaluated in the emergency
room of Defendant, Carlisle Hospital, on september 21, 1995.
7. At that time, Jacob was 11 days old and was brought to
the emergency room out of concern for his decreased appetite.
8. While in the emergency room, Dr. Ulster started an IV in
Jacob's scalp infusing a 60cc bolus of 2% normal saline.
9. Thereafter, Jacob was admitted to the pediatrics floor.
10. Following his admission to the pediatrics department, the
IV dislodged from Jacob's scalp vein.
11. At that time, Defendant Swisher inserted an IV into
Jacob's right wrist for the purpose of adding calcium chloride.
12. Dr. Rosario ordered calcium chloride (300mg) to be given
by IV over a period of 30 minutes.
13. Calcium chloride, when administered to a pediatric
patient, should be given as 0.2ml of a 10% solution per kilogram of
body weight (20 mg/kg body weight).
14. Defendant Swisher did not document whether she diluted
the drug prior to administering it to Jacob.
15. Calcium chloride 300mg is packaged loomg per lee.
16. When administering calcium chloride intravenously, a
large vein should be used along with a small needle to decrease
vein irritation.
17. h~en calcium chloride is administered intravenously, the
IV site must be carefully monitored for skin infiltration.
2
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18. Defendant Swisher did not dilute the calcium chloride
prior to administering it to Jacob.
19. At that time, Defendant Swisher knew or should have known
that calcium chloride given by IV can cause skin infiltration if
not properly administered.
20. At the time, Defendant Swisher knew or should have known
that calcium chloride given by IV can cause skin infiltration if
not properly administered and monitored.
21. After inserting the IV into Jacob's right wrist and
adding calcium chloride (300mgm), Defendant Swisher left Jacob's
room.
22. Prior to leaving Jacob's room, Defendant Swisher advised
Plaintiffs that she had other patients to attend to and that the
Defendant hospital was short staffed.
23. Defendant Swisher permitted the calcium chloride to
infuse at a rate faster than 30 minutes, as had been ordered by Dr.
Rosario, and as a result, caused Jacob's skin to burn off his right
wrist and arm.
24. Defendant Swisher did not notify the parents of Jacob's
wrist and arm burns.
25. Instead, Defendant Swisher and other staff nurses and
hospital personnel of Defendant Carlisle Hospital attempted to
conceal Jacob's burns by wrapping his arm with a diaper.
26. When Plaintiffs inquired why Jacob's arm was wrapped in
a diaper, neither Defendant Swisher nor any nurse or hospital
personnel of Defendant Carlisle Hospital offered any explanation,
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and Jacob was prepped for transfer to the Hershey Medical Center
for further evaluation.
27. The Hershey Medical Center Life Lion flight progress
notation documented "an ecchymotic area visible around a tightly
taped IV site in the area of Jacob's right wrist."
28. 'I'he transport flight sheet also documented "blanching of
Jacob's skin around the taped IV site" and inunediately discontinued
the right wrist IV while en route to Hershey.
29. Upon admission to the Hershey Medical center, Jacob's
chart documented an "IV burn on his right forearm."
30. A plastic surgeon evaluated Jacob's arm burn and
diagnosed a right forearm infiltration injury caused by the calcium
chloride administration at Defendant Carlisle Hospital.
31. Jacob's skin burns required wet to dry saline dressing
changes several times daily.
32. Jacob's right forearm swelled considerably and was
documented to be due to the infiltration injury.
33. The skin that burned off Jacob's right wrist and arm was
full thickness skin and involved deep layers in the area of the
right forearm.
34. The dead and burned tissue demarcated and sloughed off
causing Jacob excruciating pain.
35. FOllowing his discharge from the Hershey Medical Center
on September 26, 1995, Jacob had numerous outpatient visits to the
Hershey Plastic Surgery Hand Clinic to monitor the demarcation and
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sloughing off of dead and necrotic tissue on his right wrist and
arm secondary to the infiltration burn.
36. As a result of the permanent tissue, nerve, and blood
vessel damage caused by the infiltration burn, Jacob has limited
range of motion in his right wrist.
37. As a result of the tissue, nerve, and blood vessel damage
caused by the infiltration burn, Jacob was prescribed physical
therapy.
38. Despite the passage of six months time and daily physical
therapy, Minor Plaintiff Jacob Belt still has limited range of
motion in his right wrist.
39. As a result of the infiltration burn, Jacob has gross
discoloration and scarring in the area of his right wrist and arm.
40. Minor Plaintiff Jacob Belt will require follow-up
evaluations with his plastic surgeons at least twice yearly
throughout his adolescent years to monitor the limited range of
motion, circulation, and scarring.
41. Plaintiff Jacob Belt's injuries were as a direct and
proximate result of the negligence of Defendants Swisher and
Carlisle Hospital.
42. Defendants Swisher and Carlisle Hospital are jointly and
severely liable to the Plaintiffs for the injuries and damages
alleged herein and incorporated by reference.
43. As a direct and proximate result of the Defendants'
negligence as alleged herein and incorporated by reference, Minor
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Plaintiff Jacob Belt, sustained painful, severe, permanent, and
disabling injuries to his right wrist and forearm.
44. As a direct and proximate result of the Defendants'
negligence as alleged herein and incorporated by reference, Minor
Plaintiff Jacob Belt's condition will cause him residual problems
for the remainder of his life, requiring additional medical
therapies and claim is made therefor.
45. As a direct and proximate result of the Defendants'
negligence as alleged herein and incorporated by reference, Minor
Plaintiff Jacob Belt has incurred and will continue to incur
liability for medical treatments, medicines, hospitalizations,
physical therapy and similar miscellaneous expenses throughout his
adult life and claim is made therefor.
46. As a direct and proximate result of the Defendants'
negligence as alleged herein and incorporated by reference, Minor
Plaintiff Jacob Belt has undergone and in the future will continue
to undergo great mental and physical pain and sUffering, and loss
of life's pleasures and enjoyment and claim is made therefor.
47. As a direct and proximate result of the Defendants'
negligence as alleged herein and incorporated by reference, Minor
Plaintiff Jacob Belt has been, and in the future will continue to
be subject to great humiliation, disfigurement, and embarrassment
and claim is made therefor.
48. As a direct and proximate result of the Defendants'
negligence as alleged herein and incorporated by reference, Minor
6
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Plaintiff Jacob Belt has sustained permanent impairment of his
earning power and earning capacity and claim is made therefor.
49. As a direct and proximate result of the Defendants'
negligence as alleged herein and incorporated by reference,
Plaintiffs have been advised and therefore aver that the damages
and injuries as alleged herein are permanent and claim is made
therefor.
50. As a direct and proximate result of the Defendants'
negligence as alleged herein and incorporated by reference,
Plaintiffs, Tonya Moore and Jeremy Belt, were forced to incur
liability for medical treatments, medicines, hospitalizations,
ongoing therapies, and similar miscellaneous expenses in an effort
to restore their minor son to health and, because of the nature of
his injuries, will be forced to incur such expenses in the future,
and claim is made therefor.
COUNT I
Jacob Belt. a Minor. bv Tonva Moore and Jeremv Belt. his
parents and natural auardians. and Tonva Moore and Jeremv Belt.
Individuallv and in their own riaht vs. Wendy Swisher. R.N.
51. Paragraphs 1 through 50 of this Complaint are
incorporated herein by reference as if set forth at length.
52. At all relevant times herein, Defendant Swisher was an
actual or ostensible agent, apparent agent, servant, and/or
employee of Defendant Carlisle Hospital.
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53. Defendant Swisher is liable to the Plaintiffs for
injuries and damages alleged herein which were directly and
proximately caused by her negligence in:
(a) failing to closely monitor Jacob while the calcium
chloride was administered intravenously;
(b) choosing an improper IV sight for a pediatric
patient;
(c) failing to properly secure a vein in Jacob's right
wrist and forearm area for the IV insertion of calcium
chloride;
(d) inappropriately inserting the IV into a vein that
was not sufficient in size for calcium chloride
administration;
(e) failing to document the IV insertion into Jacob's
right wrist;
(f) failing to dilute the calcium chloride administered
to Jacob;
(g) using an inappropriate needle size for calcium
chloride administration;
(h) permitting the calcium chloride to infuse at a rate
greater than the required 30 minute period as ordered by
Dr. Rosario;
(i) failing to assess the IV site during the infusion of
the calcium chloride;
(j) failing to document IV site inspection and
assessment during the infusion of the calcium chloride;
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(k) improperly leaving Jacob's bedside during the
administration of the calcium chloride;
(1) failing to assess the IV sight after the infusion of
the calcium chloride;
(m) failing to document assessment of the IV site after
the infusion of the calcium chloride;
(n) failing to document the infiltration burn to Jacob's
right arm and wrist;
(0) failing to report Jacob's skin burns to a head
nurse, or charge nurse;
(p) failing to report Jacob's skin burns to a physician;
(q) concealing Jacob's skin burns by wrapping a diaper
around his right wrist and forearm;
(r) failing to advise Jacob's parents of his skin
infiltration burn; and
(s) increasing Jacob's risk of permanent right arm and
wrist injury.
54. As a direct and proximate result of Defendant Swisher's
negligence, the Plaintiffs have sustained injuries and damages as
set forth in paragraphs 23 through 50 above which are incorporated
herein by reference as if set forth at length.
WHEREFORE, Minor Plai.ntiff Jacob Belt, by Tonya Moore and
Jeremy Belt, his parents and natural guardians and Plaintiffs Tonya
Moore and Jeremy Belt, Individually and in their own right, demand
judgment against Wendy Swisher, R.N. in an amount in excess of
Twenty Five Thousand ($25,000) Dollars exclusive of interest and
9
costs and in excess of any jurisdictional amount requiring
compulsory arbitration.
COUNT II
Jacob Belt. a Minor. bv Tonva Moore and Jeremv Belt. his
parents and natural auardians. and Tonva Moore and Jerem;;~ Belt.
Individuallv and in their own riaht vs. Carlisle HQ~_!t~l
55. Paragraphs 1 through 50 and Count I of this Complaint are
incorporated herein by reference as if set forth at length.
56. At all relevant times herein, Defendant Swisher was an
actual ostensible agent, apparent agent, servant, and/or employee
of Defendant Carlisle Hospital.
57. At all relevant times herein, all of the nursing staff
and hospital parsonnel who provided care to Minor Plaintiff Jacob
Belt in September 1995 were actual or ostensible agents, apparent
agents, servants, and/or employees of Defendant Carlisle Hospital.
58. Defendant Carlisle Hospital is liable to the Plaintiffs
for injuries and damages alleged herein which were directly and
proximately caused by its negligent actions in:
(a) failing to closely monitor Jacob while the calcium
chloride was administered intravenously;
(b) choosing an improper IV sight for a pediatric
patient;
(c) failing to properly secure a vein in Jacob's right
wrist and forearm area for the IV insertion of calcium
chloride;
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.
(d) inappropriately inserting the IV into a vein that
was not sufficient in size for calcium chloride
administration;
(e) failing to document the IV insertion into Jacob's
right wrist;
(f) failing to dilute the calcium chloride administered
to Jacob;
(g) using an inappropriate needle size for calcium
chloride administration;
(h) permitting the calcium chloride to infuse at a rate
greater than the required 30 minute period as ordered by
Dr. Rosario;
(i) failing to assess the IV site during the infusion of
the calcium chloride;
(j) failing to document IV site inspection and
assessment during the infusion of the calcium chloride;
(k) improperly leaving Jacob's bedside during the
administration of the calcium chloride;
(1) failing to assess the IV sight after the infusion of
the calcium chloride;
(m) failing to document assessment of the IV site after
the infusion of the calcium chloride;
(n) failing to document the infiltration burn to Jacob's
right arm and wrist;
(0) failing to report Jacob's skin burns to a head
nurse, or charge nurse;
11
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(p) failing to report Jacob's skin burns to a physician;
(q) concealing Jacob's skin burns by wrapping a diaper
around his right wrist and forearm;
(r) failing to advise Jacob's parents of his skin
infiltration burn;
(s) increasing Jacob's risk of permanent right arm and
wrist injury;
(t) inappropriately holding itself onto the public
as having all the necessary facilities and services to
care for Minor Plaintiff, Jacob Belt;
(u) inappropriately representing that it was able
to provide safe and appropriate nursing care and services
for Minor plaintiff, Jacob Belt; and
(v) inappropriately representing that Minor
plaintiff, Jacob Belt was not in danger due to lack of
staff, facility, equipment and services.
59. Defendant Carlisle Hospital is negligent in failing to
properly train, instruct, or notify its nurses, including Defendant
Swisher of the proper steps to be taken in a sit.uation where
calcium chloride is to be administered intravenously in a pediatric
patient such as Minor plaintiff, Jacob Belt.
60. Furthermore, Defendant Carlisle Hospital is liable for
its failure to implement and/or enforce rules and regulations that
require nurses who insert calcium chloride intravenously to stay
with the pediatric patient during its administration and monitor
the IV site both during and after the infusion.
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61. Defendant Carlisle Hospital is liable for its failure to
adequately staff sufficient numbers of nurses to enable nursing
supervision and care while a pediatric patient receives IV calcium
chloride.
62. Defendant Carlisle Hospital is liable for its failure to
have designated individuals available to monitor a pediatric
patient during calcium chloride IV administration.
63. As a direct and proximate result of Defendant Carlisle
Hospital's negligence, the Plaintiffs have sustained injuries and
damages as set forth in paragraphs 23 through 50 above which are
incorporated herein by reference as if set forth at length.
WHEREFORE, Minor Plaintiff Jacob Belt, by Tonya Moore and
Jeremy Belt, his parents and natural guardians and Plaintiffs Tonya
Moore and Jeremy Belt, Individually and in their own right, demand
judgment against Defendant Carlisle Hospital in an amount in excess
of Twenty Five Thousand ($25,000) Dollars exclusive of interest and
costs and in excess of any jurisdictional amount requiring
compulsory arbitration.
Respectfully submitted,
&
Dated~3 lC)qtp
/
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JACOB BELT, A Minor, by
TONYA MOORE and JEREMY BELT, :
His parents and natural
guardians, and TONYA MOORE
and JEREMY BELT,
Individually and in their
own right,
19
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-5511 CIVIL TERM
Plaintiffs
CIVIL ACTION - LAW
v.
WENDY SWISHER, R.N., and
CARLISLE HOSPITAL,
Defendants JURY TRIAL DEMANDED
IN RE: PRETRIAL CONFERENCE
A pretrial conference was held Wednesday, June
17, 199B, before the Honorable George E. Hoffer, P.J.
Nijole C. Olson, Esquire, is representing the
Plaintiffs; and Francis E. Marshall, Jr., Esquire, is
representing the Defendants jointly.
Plaintiff was a recently-born baby at the time of
the incident. The Plaintiffs' position is that the nurse
defendant improperly administered calcium chloride to the child
by not diluting it and by improperly affixing the IV to the arm
of the child; Plaintiff claims this procedure caused severe
burning of the child's arm and subsequent significant treatment
to cure the problem.
This is a jury trial expected to take two to three
days to try, with four challenges each. Each counsel claims
chat there is significant progress being made in negotiations to
settle the case.
Nevertheless, counsel indicate that neither has a
scheduling problem for the week of July 6th and can be here for
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A denial of any matter shall fairly meet the substance of the requested
admission.
When good faith requires Defendants to qualify their answer, or deny only a
part of the matter of which an admission is requested, the Defendants shall specify
so much of the requested admission as is truth and qualify or deny the remainder,
Defendants may not give lack of knowledge or information as a reason for
failure to admit or deny unless they state that they have made reasonable inquiry and
that the information known or readily obtained is insufficient to enable them to admit
or deny the requested admission,
Defendants may not object to a requested admission on grounds that the
request presents a genuine issue for trial.
Plaintiffs, by their attorneys, Angino & Rovner, P,C" hereby request that
Defendants Wendy L. Swisher, R.N. and Carlisle Hospital admit the following facts
pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure:
1, In September, 1995, Defendant Wendy L. Swisher, R,N, was an
employee of Carlisle Hospital as a med,surg pediatric nurse,
2. Defendant Wendy L. Swisher, R,N, attended and cared for Jacob Belt on
September 21, 1995 when he was brought to the Carlisle Hospital Emergency Room.
3, At 2030 hours, Defendant Wendy L, Swisher, R.N. administered
Bicarbonate via a scalp IV, and Dextrose ten minutes later, at 2040 hours, via the
same scalp IV.
2
4. At 2045 hours, Defendant Wendy L, Swisher, R.N. removed Jacob Belt's
scalp IV because there was infiltration into his scalp tissue.
5, The skin infiltration required Defendant Wendy L. Swisher, R,N, to apply
pressure and warm compresses,
6, Defendant Wendy L. Swisher, R,N, was required by Carlisle Hospital
policy (Carlisle Hospital, Division of Nursing Services, Intravenous, Phlebitis and
Infiltration) to notify a physician of any tissue damage as a result of infiltration,
7, Defendant Wendy L. Swisher, R,N, did not report Jacob's scalp skin
infiltration to anyone as was required by Carlisle Hospital policy,
8, Defendant Wendy L. Swisher, R,N, was required by Carlisle Hospital
policies (Carlisle Hospital, Division of Nursing Services, Intravenous, Phlebitis and
Infiltration) to complete an incident report for any change in IV site as a result of
infiltration,
9, Defendant Wendy L. Swisher, R,N, did not complete an incident report
for the scalp IV site change as was required by Carlisle Hospital policy,
10, After removal of the scalp IV, Defendant Wendy L. Swisher, R.N,
inserted a 22 gauge needle and established an IV into Jacob's right wrist,
11, Defendant Wendy L. Swisher, R,N, was required to monitor the insertion
site, which is where the skin interacts with the hub of the IV needle,
12, After inserting the hub of the IV needle into Jacob's right wrist,
Defendant Wendy L. Swisher, R.N, taped over the hub of the IV needle,
3
13, Defendant Wendy L. Swisher, R,N, taped over the hub of the IV needle
in the area where the needle penetrated Jacob's skin,
14, After inserting the IV into Jacob's right wrist, Defendant Wendy L.
Swisher, R,N, was ordered to administer Calcium Chloride, 300 mg, over thirty
minutes,
15, Defendant Wendy L, Swisher, R,N, did not ask any questions about the
dosage, route, or its contraindications after receiving the verbal order from Dr,
Rosario, concerning the Calcium Chloride IV administration,
16, Nor did Defendant Wendy L. Swisher, R,N, discuss the Calcium Chloride
IV administration with her supervisor, Nancy Hershey, R,N,
17, Prior to September 21, 1995, Defendant Wendy L, Swisher, R,N, never
before administered Calcium Chloride to a pediatric patient,
18. In September, 1995, Defendant Wendy L, Swisher, R,N. understood that
Calcium Chloride was a tissue irritant,
19, In September, 1995, Defendant Wendy L. Swisher, R,N, knew that
Calcium Chloride extravasation causes necrosis and tissue death,
20, In response to Dr. Rosario's order, Defendant Wendy L, Swisher, R,N,
went to the nurses' station to look up Calcium Chloride IV administration "in a
reference book", because it was a procedure she wasn't familiar with,
21, Defendant Wendy L. Swisher, R,N, did not document if, how, when,
where and with what, if anything, the Calcium Chloride was diluted,
4
22, Defendant Wendy L. Swisher, R,N, did not document and does not know
how she calculated the dosage of Calcium Chloride administered to Jacob Belt, nor
did she document or know what pediatric dosage was administered to Jacob,
23. Defendant Wendy L. Swisher, R.N. did not document the rate of infusion
of Calcium Chloride or the dosage administered to Jacob Belt,
24. Defendant Wendy L. Swisher, R,N. did not document the rate of infusion
or cc's of Calcium Chloride administered to Jacob Belt.
25. Defendant Wendy L, Swisher, R,N, does not know whether there were
various Calcium Chloride concentrations available to choose from in pre-packaged
containers, nor did she ask Dr, Rosario or any supervising nurse with assistance in
calculating the dosage or rate of infusion for the Calcium Chloride she administered
to Jacob Belt.
26, Defendant Wendy L. Swisher, R,N, began the Calcium Chloride
administration at 2055 hours.
27, Defendant Wendy L. Swisher, R.N, did not remove any tape to check
Jacob's skin integrity after the Calcium Chloride was administered,
28, Defendant Wendy L. Swisher, R,N, was not in Jacob's room during the
entire time of the Calcium Chloride administration,
29. At 2130 hours, the Hershey Medical Center's Life Lion team arrived and
Defendant Wendy L, Swisher, R.N, was in the process of removing Jacob's wrist IV
because the IV was not flushing well and was not patent.
5
30, After the wrist IV was removed, a Hershey Life Lion nurse re-established
an IV site into Jacob's foot and transported Jacob Belt to the Hershey Medical Center
for further treatment,
31, Carlisle Hospital Division of Nursing Services protocol entitled
"Intravenous Related Phlebitis and Infiltration", at page 3, specifically notes, "If site
change is necessary, an incident report should be completed. "
32, Defendant Wendy L, Swisher, R,N, was familiar with the Carlisle Hospital
pOlicy concerning "Intravenous Related Phlebitis and Infiltration", but did not complete
any incident report(s) on Jacob Belt's chart concerning the infiltration incident(s) to
his scalp and wrist,
33, Defendant Wendy L. Swisher, R,N, did not comply with the Carlisle
Hospital pOlicy requiring preparation of incident reports for each change of IV site for
Jacob Belt during his visit to Carlisle Hospital on September 21, 1995.
RESPECTFULL Y SUBMITTED,
Date: %;7
6
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JACOB BELT, A Minor by
TONYA MOORE and JEREMY BELT,
His parents and natural
guardians, and TONYA MOORE
and JEREMY BELT, Individually
and in their own right,
Plaintiffs
IN 'I1iE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY,PENNA
NO, 96-5511
v.
CNIL ACTION - LAW
WENDY SWISHER, R.N. and
CARLISLE HOSPITAL,
Defendants
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
Please enter the appearance of the undersigned as counsel for Defendants, Carlisle Hospital
and Wendy Swisher, R.N., in the above-captioned matter.
Respectfully submitted,
MARSHALL, FARRELL, RICCI, SMITH &
HADDICK, P.C.
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Francis E, Marshall, Jr,
Attorney I.D, No, 27594
K sten L. eech
Attorney 1.0. No. 66491
20 South 36th Street
Camp Hill, PA 17011
(717) 731-4800
Attorney for Defendants Carlisle Hospital and
Wendy Swisher, R,N,
Dated: October "l 'l;' 1996
JACOB BELT, A Minor by
TONYA MOORE and JEREMY BELT,
His parents and natural
guardians, and TONYA MOORE
and JEREMY BELT, Individually
and in their own right,
Plaintiffs
v.
WENDY SWISHER, R.N, and
CARLISLE HOSPITAL,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO, 96-5511
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ENTRY OF APPMRi\NCE
Please enter the appearance of the lmdersigned as counsel for Defendants, Carlisle Hospital
and Wendy Swisher, R.N" in the above-captioned matter.
Dated: October 1., 1;1996
Respectfully submitted,
MARsHALL, FARRELL, RICCI, SMITH &
HADDlCK, P.C.
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Francis E. Marshall, Jr.
Attorney l.D. No, 27594
sten L, eech
Attorney 1.0, No. 66491
20 South 36th Street
Camp Hill, PA 17011
(717)731-4800
Attorney for Defendants Carlisle Hospital and
Wendy Swisher, R.N.
CERTIPICATE OF SERVICE
~
AND NOW, this 1)/ day of
c)~. .
. .1996, I, FrancIs E. Marshall, Jr., Esquire,
hereby cenify that I did serve a true and correct copy of the foregoing document upon all counsel
of record by depositing, or causing to be deposited, same in the V,S, mail, po.;tage prepaid, at
Camp Hill, Pennsylvania, addressed as follows:
Bv First.Class Mali:
Nijole C. Olson, Esquire
Angino & Rovner, P.C.
4503 Nonh Front Street
Harrisburg, PA 17110
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Franci&IE. Marshall, Jr, /
6. Denied. The averments contained In this paragraph are denied generally In
accordance with Pa.R.C.P. 1029(e) as amended June 16, 1994.
7. Denied. The averments contained In this paragraph are denied generally In
accordance with Pa.R.C.P. 1029(e) as amended June 16, 1994.
8. Denied. The averments contained In this paragraph are denied generally In
accordance with Pa.R.C.P. 1029(e) as amended June 16, 1994.
9. Denied. The averments contained In this paragraph are denied generally In
accordance with Pa.R.C.P. 1029(e) as amended June 16, 1994.
10. Denied. The averments contained In this paragraph are denied generally In
accordance with Pa,R.C.P, 1029(e) as amended June 16, 1994.
11. Denied. The averments contained In this paragraph are denied generally In
accordance with Pa.R.C.P. 1029(e) as amended June 16, 1994.
12. Denied. The averments contained In this paragraph are denied generally In
accordance with Pa.R.C.P. 1029(e) as amended June 16, 1994.
13. Denied. The averments contained In this paragraph are denied generally In
accordance with Pa.R.C.P. 1029(e) as amended June 16, 1994.
14. Denied. The averments contained In this paragraph are denied generally In
accordance with Pa.R.C.P. 1029(e) as amended June 16, 1994.
15, Denied, The averments contained In this paragraph are denied generally In
accordance with Pa.R.C,P. 1029(tl) as amended June 16, 1994.
.
16, Denied, The averments contained in this paragraph are denied generally in
accordance with Pa,R,C.P. 1029(e) as amended June 16, 1994.
17. Denied, The averments contained in this paragraph are denied generally in
accordance with Pa,R,C.P. 1029(e) as amended June 16, 1994.
18. Denied, The averments contained in this paragraph are denied generally in
accordance with Pa,R,C.P. 1029(e) as amended June 16, 1994,
19. Denied, The averments contained in this paragraph are denied generally in
accordance with Pa,R.C.P. 1029(e) as amended June 16, 1994.
20. Denied, The averments contained in this paragraph are denied generally in
accordance with Pa,R,C.P. 1029(e) as amended June 16, 1994.
21. Denied, The averments contained in this paragraph are denied generally in
accordance with Pa.R.C.P. 1029(e) as amended June 16, 1994.
22. Denied. The averments contained in this paragraph are denied generally in
accordance with Pa,R.C,P. 1029(e) as amended June 16, 1994.
23. Denied. The averments contained in this paragraph are denied generally In
accordance with Pa.R.C.P. 1029(e) as amended June 16, 1994.
24. Denied, The averments contained in this paragraph are denied generally In
accordance with Pa.R,C.P. 1029(e) as amended June 16, 1994.
25. Denied. The averments contained in this paragraph are denied generally In
accordance with Pa,R.C.P. 1029(e) as amended June 16, 1994.
26. Denied. The averments contalned In this paragraph are denied generally In
accordance with Pa.R.C.P. 1029(e) as amended JWle 16, 1994,
27. Denied. After reasonable Investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or falsity of the
averments contained In this paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial.
28, Denied. After reasonable investigation, Answering Defendants are without
knowledge or Information sufficient to form a belief as to the truth or falsity of the
averments contained In this paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial.
29. Denied. After reasonable Investigation, Answering Defendants are without
knowledge or Information sufficient to form a belief as to the truth or falsity of the
averments contained In this paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial.
30. Denied. After reasonable Investigation, Answering Defendants are without
knowledge or Information sufficient to form a belief as to the truth or falsity of the
averments contained In this paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial.
31. Denied. After reasonable Investigation, Answering Defen~ants are without
knowledge or Information sufficient to form a belief as to the truth or falsity of the
.
averments contained in this paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial.
32, Denied. After reasonable Investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or falsity of the
averments contained in this paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial.
33, Denied. After reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or falsity of the
averments contained in this paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial,
34, Denied. After reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or falsity of the
avennents contained in this paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial.
35. Denied. After reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or falsity of the
averments contained in this paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial.
36, Denied. After reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or falsity of the
'\
proof thereof at the time of trial, For funher response, the allegations are denied as
conclusions of law. Defendants Swisher and Carlisle Hospital deny that they were
negligent with respect to their care and treatment of Jacob Belt.
42. Denied, After reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or falsity of the
averments contained in this paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial. For funher response, the allegations are denied as
conclusions of law. Defendants Swisher and Carlisle Hospital deny that they were
negligent with respect to their care and treatment of Jacob Belt.
43. Denied. After reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or falsity of the
averments contained in this paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial. For further response, the allegations are denied as
conclusions of law. Defendants Swisher and Carlisle Hospital deny that they were
negligent with respect to their care and treatment of Jacob Belt.
44. Denied. After reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or falsity of the
averments contained in this paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial. For further response, the allegations are denied as
conclusions of law. Defendants Swisher and Carlisle Hospital deny that they were
negligent with respect to their care and treatment of Jacob Belt.
45. Denied. After reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or falsity of the
averments contained in this paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial, For further response, the allegations are denied as
conclusions of law. Defendants Swisher and Carlisle Hospital deny that they were
negligent with respect to their care and treatment of Jacob Belt,
46, Denied. After reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or falsity of the
averments contained in this paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial, For further response, the allegations are denied as
conclusions of law. Defendants Swisher and Carlisle Hospital deny that they were
negligent with respect to their care and treatment of Jacob Belt.
47. Denied. After reasonable investigation, Answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or falsity of the
averments contained in this paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial. For further response, the allegations are denied as
conclusions of law. Defendants Swisher and Carlisle Hospital deny that they were
negligent with respect to their care and treatment of Jacob Belt,
48. Denied. After reasonable investigation, Answering Defend\IDts are without
knowledge or information sufficient to form a belief as to the truth or falsity of the
averments contained in this paragraph, and, therefore deny same and demand strict
.
proof thereof at the time of trial. For further response, the allegations are denied as
conclusions of law. Defendants Swisher and Carlisle Hospital deny that they were
negligent with respect to their care and treatment of Jacob Belt,
49. Denied. After reasonable Investigation, Answering Defendants are without
Imowledge or infonnatlon sufficient to fonn a belief as to the truth or falsity of the
avennents contained In this paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial. For further response, the allegations are denied as
conclusions of law. Defendants Swisher and Carlisle Hospital deny that they were
negligent with respect to their care and treatment of Jacob Belt,
50. Denied. After reasonable investigation, Answering Defendants are without
Imowledge or infonnatlon sufficient to form a belief as to the truth or falsity of the
avennents contained In tnls paragraph, and, therefore deny same and demand strict
proof thereof at the time of trial. For further response, the allegations are denied as
conclusions of law. Defendants
- ,-r'-......
Swisher and Carlisle Hospital deny that they were negligent with respect to their care
and treatment of Jacob Belt,
WHEREFORE, Answering Defendants respectfully request that judgment be
entered In their favor and against the Plaintiffs and that they be awarded appropriate
costs and fees,
COUNT I
Jacob Belt. a Minor. bv Tonva Moore and Jeremv Belt. bis
arents and natural ardians and Ton Moore and Jerem Bel
Individuallvand in theb' own rl2ht VB. Wendv Swisher. R.N.
51. Responses to Paragraphs 1 through 50 of Plaintiffs' Complaint are
Incorporated herein by reference as set forth at length.
52, Admitted,
53. The allegations of Paragraph 53 as well as subparts (a) through (s) are
denied as conclusions of law. For further response, Answering Defendant Swisher denies
that she was negligent with respect to her care and treatment of the Plaintiff. Moreover,
Defendant Swisher denies that she Is liable to the Plaintiffs for Injuries and damages
alleged therein, Defendant Swisher denies negligence In the following particulars:
_0" ...
(a) failing to closely monitor Jacob while the calcium chloride
was administered Intravenously;
(b) choosing an Improper IV site for a pediatric patient;
.
59. Denied as stated. It Is specifically denied that Defendant Carlisle Hospital
was negligent In failing to properly train, instruct, or notify Its nurses Including
Defendant Swisher of the proper steps to be taken In a situation where calcium chloride
Is to be administered Intravenously In a pediatric patient such as Minor Plaintiff, Jacob
Belt. For further response, the allegations are denied as conclusions of law. Strict proof
thereof Is demanded at time of trial, If relevant.
60. Denied as stated. It Is specifically denied that Defendant Carlisle Hospital
Is liable In that It failed to Implement and/or enforce rules and regulations that require
nurses to Insert calcium chloride Intravenously to stay with pediatric patient during Its
administration and monitor the IV site both during and after the infusion. For further
response, the allegations are denied as conclusions of law. Strict proof thereof Is
demanded at time of trial, If relevant.
61. Denied as stated. It Is specifically denied that Defendant Carlisle Hospital
Is liable for its failure to adequately staff sufficient numbers of nurses to enable to
nursing supervision and care while pediatric patient receives IV calcium chloride.
Defendant Carlisle Hospital denies that it was negligent with respect to the care and
treatment provided to the patient. Strict proof thereof Is demanded at time of trial, If
relevant.
62. It is specifically denied that Defendant Carlisle Hospital is liable for Its
failure to have designated Individuals available to monitor a pediatric patient during
calcium chloride IV administration. For further response, Defendant Carlisle Hospital
denies that it was negligent with respect to the treatment provided to Jacob Belt, Strict
proof thereof is demanded at time of trial, if relevant. The allegations are also denied as
conclusions oflaw.
63, Denied. After reasonable investigation, Answering Defendant Is without
knowledge or Infonnation sufficient to fonn a belief as to the truth or falsity of the
avennents contained in this paragraph, and, therefore denies same and demands strict
proof thereof at the time of trial. For further response, the a1legation~ are denied as
conclusions of law. Answering Defendant incorporates its responses to Paragraphs 23-50
as Is set forth at length. Defendant Carlisle Hospital denies that it was negligent with
respect to the care and treannent rendered to Minor Plaintiff, Jacob Belt.
WHEREFORE, Answering Defendants respectfully request that judgment be
entered in their favor and against the Plaintiffs and that it be awarded appropriate costs
and fees.
.
NEW MATI'ER
64. Plaintiffs have failed to state a claim upon which relief can be granted.
65. Plaintiffs' claim is barred and/or limited by the applicable Statute of Urnitations.
66. It is believed, and therefore averred, that the discovery will show that the
Plaintiffs were negligent and that their negligence exceeded the negligence, if any, of the
answering defendant, thereby barring his recovery by operation of the Pennsylvania
Comparative Negligence Act.
67. It is believed, and therefore averred, that discovery will show that the Plaintiffs
were negligent and that by virtue of their negligence, their claims may be limited by the
operation of the Pennsylvania Comparative Negligence Act.
68. It is believed, and therefore averred, that discovery will show that the Plaintiffs
voluntarily asswned a Imown risk thereby barring recovery by the operation of the Doctrine
of Asswnption of Rlsk.
69. Plaintiffs injuries, if any, were sustained as a result of natural or unknown causes
and not as the result of any action or inaction on behalf of the Answering Defendants,
70. At all times material hereto, Answering Defendants provided full, complete,
proper, reasonable and adequate medical care and treatment in accordance with the
applicable standard of care,
71, No conduct on the part of the Answering Defendants was a substantial factor in
causing or contributing to any hann which the Plaintiff may have suffered.
72, If Plaintiff suffered any damage, the damages were caused by the conduct of
others over whom the Answering Defendants had no control or right to control.
73, All claims and causes of action pleaded against the Answering Defendants are
barred by Plaintiffs' knowing and voluntary informed consent to the care in question,
74. All physicians rendering medical care or treatment to the Plaintiff were
independent contractors in relationship to the Answering Defendants and were not the
agents, ostensible agents, servants or employees of the Answering Defendants,
75. Insofar as any agent, servant or employee of the Answering Defendant or any
person for whom it is or may be vicariously liable, elected a treatment modality which is
recognized as proper but may differ from another appropriate treatment modality, then said
Answering Defendant raises the "two schools of thought" defense.
76. To the extent it was required to do so, the Answering Defendants took all
reasonable and necessary steps to make a proper and appropriate diagnosis and to the extent
it may be determined that that diagnosis was in error, the Answering Defendants assert that
the error in
.
"
M.127
VERIFICATION
I, p, MARK HARMON, hereby verify that the facts set forth in the foregoing Answer
with New Matter to the Plaintiffs' Complaint are true and correct to the best of my knowledge,
information and belief,
1 understand that false statements herein are made subject to the penalties of 18
Pa,C.S. ~4904, relating to unsworn falsification to authorities,
DATED:
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JACOB BELT, A Minor, by
TONYA MOORE and JEREMY BELT,
His parents and natural
guardians, and TONYA MOORE
and JEREMY BELT, In~ividua11y
and in their own right,
plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-5511
CIVIL ACTION - LAW
v.
WENDY SWISHER, R.N., and
CARLISLE HOSPITAL,
Defendants
JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO NEW MATTER
OF DEFENDANTS WENDY SWISHER, R.N. AND CARLISLE HOSPITAL
64. Plaintiffs' complaint adequately sets forth cognizable
causes of action against all Defendants.
65. The statute of limitations in this case has been
adequately tolled.
66. Answering Defendants were negligent as set forth in the
complaint.
Answering Defendants' negligence was a substantial
factor in causing the injuries to the plaintiffs. Plaintiffs were
in no way comparativelY or contributorily negligent.
67. Answering Defendants were negligent as set forth in the
complaint.
Answering Defendants' negligence was a substantial
factor in causing the injuries to the plaintiffs. Plaintiffs were
in no way comparativelY or contributorily negligent in any fashion.
68. plaintiffs did not assume that Defendants swisher and
carlisle hospital would provide negligent care and cause injuries.
Plaintiffs' injuries and damages were caused by Answering
103692/CB
Defendants' negligence. Therefore, Plaintiffs are entitled to full
and complete compensation for injuries and damages alleged in the
.,
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Complaint.
69. The injuries suffered by Jacob Belt were as a result of
negligent actions and/or inactions of Defendants Swisher and
Carlisle Hospital as set forth in the complaint.
Answering
Defendants' negligence ~/as the proximate cause of Plaintiffs'
injuries and damages as alleged in the Complaint.
70. Answering Defendants provided negligent care to Jacob
Belt as set forth in Plaintiffs' Complaint.
The injuries and
damages suffered by Jacob Belt were as a direct and proximate
result of negligent acts and omissions of the Answering Defendants
for which Plaintiffs are entitled to full and complete
compensation.
71. Answering Defendants were negligent as set forth in
Plaintiffs' Complaint.
Answering Defendants' negligence was a
.\
substantial factor in causing the injuries and damages to the
Plaintiffs.
72. Answering Defendants were negligent as set forth in
Plaintiffs' Complaint.
Answering Defendants' negligence was a
substantial factor in causing the injuries and damages to the
Plaintiffs.
73. Plaintiffs did not knowingly and voluntarily consent to
negligent medical care. Answering Defendants provided substandard
care and which negligent care resulted in injuries and damages to
Plaintiffs as set forth in the Complaint.
74. Answering Defendants were negligent and their negligence
was a substantial factor in causing the injuries and damages to
Plc:intiffs as set forth in the Complaint, which is reiterated
herein.
75. Answering Defendants did not act with or follow any
school of respected thought under the circumstances. The "two
schools of thought" defense is inapplicable here because Answering
Defendants did not render any diagnosis on which to base a
treatment of any school. The "two schools of thought" defense is
therefore inapplicable. The injuries and damages of Jacob Belt
were caused by the negligence of Answering Defendants Swisher and
Carlisle Hospital and which negligence was a substantial factor in
causing Plaintiff's injuries and damages as alleged in Plaintiffs'
Complaint.
76. Answering Defendants were negligent. Answering
Defendant.s took no steps, let alone reasonable and necessary steps,
to diagnose and treat Jacob Belt. Plaintiffs' injuries and damages
were caused as a direct and proximate result of the negligence of
Defendants Swisher and Carlisle Hospital. It is specifically
denied that Answering Defendants' negligence was a "reasonable and
legally justifiable e;:ror."
3
WHEREFORE, Plaintiffs respectfully request This Honorable
Court to dismiss the New Matter of Defendants Swisher and Carlisle
Hospital together with costs, expenses, and attorneys fees.
Respectfully submitted,
Dated: ~!h( (q?~
Nijo1e COlson,
1.D. # 2B7
4503 North Front street
Harrisburg, PA 17110
Attorneys for Plaintiffs
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JACOB BELT, A Minor by
TONYA MOORE and JEREMY BELT,
His parents and natural
guardians. and TONY A MOORE
and JEREMY BELT, Individually
and in their own right,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTI, PENNA
NO, 96-5511
v,
CIVIL ACTION - LAW
WENDY SWISHER, R.N, and
CARLISLE HOSPITAL,
Defendants
JURY TRIAL DEMANDED
PRAEOPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Kindly affix the attached Verification to the Answer with New Matter to the Plaintiffs'
Complaint. which was filed with the Court on or about November 16, 1996, in the above,captioned
matter.
Respectfully submitted,
MARSHALL, FARRELL, RICCI, SMITH
8< HADDlCK, P.C.
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Francis E. Marshall. Jr,
Attorney I.D. No. 27594
Kristen L, Beech
Attorney I.D, No, 66491
20 South 36th Street
Camp Hill, PA 17011
(717)731-4800
Attorney for Defendants Carlisle Hospital and
Wendy Swisher. R,N,
Dated: December,&S .1996
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IN THE COURT OF COMl\10N PLEAS OF CUMBERLAND COUNTY
BELT
Vs.
No. 965511
CARLISLE HOSP
l'iOTICE OF RECORD DEPOSITION
TO: NIJOLE OLSON, ESQ
FRANCIS E MARSHALL (REQUESTOR)
Ene: Copy of subpoena(s)
Counsel return card
PLEASE TAKE NOTICE THAT THE FOLLOWING RECORD DEPOSITION WILL BE TAKEN AT
4940 DISSTON STREET, PHILADELPHIA, PA ON 6/13/97 AT THE TIME INDICATED.
DEPONENT: TIME :
DR WOODS
HERSHEY MED CTR
10:10 A.M.
10:15 A,M.
There will be no interrogation of the deponent, and it is expected that
no attorneys will be present. If there is any objection raised by opposing
counsel, deponent will be notified, The price for the record is as
follows: first fifteen pages = $19.00 and each additional page = $.75
This deposition is for the purpose of copying only. A copy of the above
notice was mailed on 5/2B/97 .
ATTORNEY FOR THE DEFENDANT
By: Felicia Gaines
MEDICAL LEGAL REPRODUCTIONS, INC.
(215) 335-35B1
M229539
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JACO B BELT, A Minor, by
TONYA MOORE and JEREMY BELT,
His parents and natural
guardians, and TONY A MOORE
and JEREMY BELT, Individually
and in their own right,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-5511
CIVIL ACTION, LAW
v,
WENDY SWISHER, R,N" and
CARLISLE HOSPITAL,
Defendants
JURY TRIAL DEMANDED
PLAINTIFFS' MOTION TO COMPEL DISCOVERY
AND NOW, come the Plaintiffs, Jacob Belt, a Minor by Tanya Moore and Jeremy Belt,
his Parents and Natural Guardians, and Tanya Moore and Jeremy Belt, Individually and in their
own right, by and through their attorneys, Angina and Rovner, P.C" and respectfully petition
This Honorable Court to compel Defendants Wendy Swisher, R,N, and Carlisle Hospital, to file
full and complete answers to Plaintiffs' discovery requests for the following reasons:
1, The instant action was commenced by Plaintiffs' filing their Complaint on
October 3, 1996,
2, On November 26, 1996, Defendants filed an Answer to the Complaint with
New Matter,
3, Plaintiffs filed a Reply to New Matter on December 16, 1997.
4. On May 14, 1997, Plaintiffs served Defendant Swisher and Defendant Carlisle
Hospital with a Supplemental Request for production of Documents - Number 1, a copy of
which is attached hereto as Exhibit A,
115289/CB
5. Defendants have failed to respond to Plaintiffs' requested discovery within the
time period required by our Rules of Civil Procedure.
6, On June 18, 1997, Plaintiffs corresponded to counsel for Defendants,
requesting responses to Plaintiffs' overdue Supplemental Request for Production of
Documents.
7. Again, counsel for Defendants failed to respond to Plaintiffs' overdue discovery,
8. Despite Plaintiffs' multiple attempts to obtain answers to discovery, Defendants
continue to ignore Plaintiff's requests, and to date, defense counsel has not requested an
extension of time in which to provide answers.
9, Defendants have failed to comply with discovery as required by Pa,R,C,P, 4006
and 4007,
10, All of discovery sought by Plaintiffs is relevant to the instant action,
12, Pa. R,C.P. 4019 provides that upon Motion of ant party, the Court can issue
an Order when an party "fails to make discovery," Pa.R.C.P. 4019 (a)(viii),
13, Plaintiff is represented by Nijole Olson, Esquire, of the Firm of Angino and
Rovner, 4503 North Front Street. Harrisburg, PA. 17110; (717)238-6791,
14, Defendants, Wendy Swisher, R.N, and Carlisle Hospital are represented by
Francis E. Marshall, Esquire, of the Firm of Marshall Smith, and Haddick, P.C., 20 South 36th
Street, Camp Hill, Pennsylvania.
WHEREFORE, Plaintiffs respectfully request that This Honorable Court compel
Defendants Wendy Swisher, R.N, and Carlisle Hospital to provide full and complete answers
to Plaintiffs' discovery request by July 7,1997, or within ten (10) days of This Honorable
Court's Order, whichever date is sooner,
D,'" Y7h7
Respectfully submitted,
3
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2, A listing of any and all ped:atric texts available at the nurse~ stations at
Carlisle Hospital pertaining to CaCI dosag;J determinations, which were reterred to by
Defendant Swisher in tIer deposition at pages 82-83,
This request is intended to cover aH documents in the possession, custody and
control of the Defendants, their agents, employees and attorneys, and is deemed to
be continuing, thus requiring Defendants to modify and/or sL;pplement their response
to Plaintiffs' Request as Defendants obtain further or additional documents up to the
time of trial.
RESPECTFULLY SU8MITTED,
VNER, P,C.
~
Date: %lit?
. Olson, Esquire
. 55287
4503 rth Front Street
Harrisburg, PA 17110
ATTORNEY FOR PLAINTIFFS
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EXHIBIT A
CERTIFICATE OF SERVICE
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AND NOW. this ? t:", day of June. 1997. I, Francis E. Marshall. Jr., Esquire, hereby certifY
that I did serve a true and correct copy of the foregoing document upon all counsel of record by
depositing, or causing to be deposited, same in the V.S, mail. postage prepaid, at Camp Hill,
Pennsylvania, addressed as follows:
By First-Class Mall:
Nijole C. Olson, Esquire
Angino & Rovner, P.c.
4503 North Front Street
Harrisburg, PA 17110
CERTIFICATE OF SERVICE
AND NOW, this L day of July, 1997, 1, Francis E, Marshall. Jr" Esquire, hereby certify
that I did serve a true and correct copy of the foregoing document upon all counsel of record by
depositing, or causing to be deposited, same in the V,S, mail, postage prepaid, at Camp Hill,
Pennsylvania, addressed as follows:
Bv First-Class Mail:
Nijole C. Olson, Esquire
Angino & Rovnel, P.C,
4503 North Front Street
Harrisburg, PA 17110
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JACOB BELT, A Minor, by
TONYA MOORE and JEREMY
BELT, His parents and
natural guardians, and
TONYA MOORE and JEREMY
BELT, individually and in
their own right,
Plaintiffs
IN THE COURT OF CONNON PLEAS OF
CUHBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
WENDY SWISHER, R.N. and
CARLISLE HOSPITAL,
Defendants
NO. 96-5511 CIVIL TERM
ORDER OF COURT
AND NOW, this \~ day of August, 1997, upon consideration of
the attached letter fro:>m Nijole C. Olson, Esq., the discovery
conference scheduled in this matter for August 11, 1997, is
CANCELLED.
BY THE COURT,
J
Nijole C. Olson, Esq.
4503 North Front Street
Harrisburg, PA 17110
Attorney for Plaintiffs
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Francis E. Marshall, Jr.,
20 South 36th Street
Camp Hill, PA 17011
Attorney for Defendants
Esq.
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~T11 OF PElNSYLVANIA
roNl'Y OF ~
BELT
VS.
CARLISLE HOSP
File No.
96 5511
SUBPCOlA TO PIl<XXX:F. lXX:U-ENTS OR TH I N3S
FOR 0 I SCO'v'ERY PUlSUANT TO RULE 4009. 22
CUMBERLAND CO CHILDREN & YOUTH SVCS
(HOOle of Person or Ent ity)
Within twooty (20) days after service of this slbpoena, you are ordered by the court tc
Pf'O<iJce the following docunent,; or things:
**SEE ATTACHED ADDENDUM**
TO:
at Medical Legal Reproductions Inc 4940 Disston St Phila PA 19135
(Address)
You may del iver or mai 1 legible copies of the docurents or prcxiJce things requested h
this subpQe(\a, together with the certificate of =rpliance, to the party making th"
request at the address listed above. You have the right to seek in advance the rea~1t
cost of pre<:>aring the copies or producing the things sought.
I f you fai 1 to produce the docunents or things required by this subpoena within twent)
(20) days after its serv~ce, the party serving this subpoena may seek a court orde<'
=rpe 11 ing you to carp ly with it.
THIS SUIlPC€NA WAS ISSU:O AT TIE RE<U:ST OF TIE FOLLCWING PERSON:
NAME: FRANCIS MARSHALL JR, ESQ
ADDRESS: 20 S 36th St
Camp Hill PA 17011
TELEPH:lNE: (215) 335-3212
SUPREME COURT 10 # 27594
ATT~ FOR: DeFeNDANT
DATE:--..-1f T7~. t"--/~' ,99 ,
Sea I of the O:iurt
BY TIt:: ccun:
,f ~h.L.-L r tuuk.-~~-'
Prothonotary/Clerk, vi 1
Ch<-<- 0 1nJ"~
Deputy
Division
(Eff. 1/97)
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fer :rial without 3 jury.
----------
------------------------------------
CAPTION OF CASE
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JACOB BELT, a Minor, by
TONYA MOORE and JEREMY
BELT, his Parents and
Natural Guardians, and
TONYA MOORE and JeREMY
BELT, Individually and
in their own right,
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WENDY SWISHER, R.N. and
CARLISLE HOSPITAL,
The trial list will be callec on
June 9, 1998
and -----------------.
Trials commence on Ju1 Y 6, 1998
(Del.ndant)
Pretrials will be held on June 17. 1998.
(Briefs are due 5 days before pre-
trials. )
(The party listing this case for tiia~
shall provide forthwith a copy of the
p'raecipe to all counsel, p~suant to
local Rule 214-1.)
v,.
Xe.96-5511
Cjvu
19_
lndic,,, the ",ernoy whe ~ill to}' ."': fer :h. p,rty '....he :110' this pr,.clp" ANG I NO & ROVNER. 'p, C. ,
Niiole C. Olson, Esquire, 4503 North Front Street. Harrisburq, PA 17110
lndic.t. trial ceenselfer other porti., if knewn: For Defendants: Francis E. Marshall Fsquire,
MARSHAl L, SMITH & HADDICK. P.C., 20 SOllth
nw = is r..dy (er 'ri:1l.
PA 17011
Sigr..d:
Oat.,
April 29, 1998
At:orn~)' ror:
Plaintiffs
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CERTIFICATE OF SERVICE
this date served a true and correct copy of the attached Praecipe for Listing Case for Trial,
I hereby certify that I, Candice M, Baker, an employee of Angino & Rovner, P.C.. have
upon the parties listed below via United States First Class Mail, postage prepaid, addressed
as follows:
Dated:
66400lLAJ
Francis E. Marshall, Jr.. Esquire
MARSHALL, SMITH & HADDICK
20 South 36th Street
Camp Hill, PA 17011
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JACOB BELT, A Minor, by
TONY A MOORE and JEREMY BELT,
His parents and natural
guardians, and TONYA MOORE
and JEREMY BELT, Individually
and in their own right,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96.5511
CIVIL ACTION. LAW
v.
WENDY SWISHER, R,N., and
CARLISLE HOSPITAL.
Defendants
JURY TRIAL DEMAND~D
ORDER
AND NOW, this _ day of
, 199B, upon consideration of
Plaintiffs' Petition for Approval of Minor Settlement, the Court being satisfied of the propriety
of this settlement. and that it is in the best interest of the parties, it is hereby ORDERED that
in accordance with the provisions of Pa. R,C.P, 2039 of the Rules of Civil Procedure:
1, The settlement of the Minor claim in the amount of Eight'five Thousand
($85.000,00) Dollars for Jacob Belt, is hereby approved as fair and equitable;
2, The distribution of the settlement of the Minor Plaintiff is directed as follows:
Lump sum to Plaintiff Jacob Belt, a Minor,
by Tonya Moore, his mother and legal guardian,
$52,B50,OO
Attorneys' fees ($34,000.00) (40%). minus
$4.250.00 fee concession li,e. 35%)
29,750.00
Expenses ($2,445,85 minus expense concession)
2,400,00
TOTAL
$B5,OOO.00
98l00/SUPER
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insertion site and eliminated all possibility of visualizing/monitoring the baby's skin for signs
of infiltration or burning,
5. As a result. minor Jacob Belt's wrist, arm and hand sustained Calcium Chloride
infiltration burns.
6, The baby's underlying medical condition required transport to the Hershey
Medical Center and a Hershey flight nurse noticed Jacob's tightly taped wrist and upon
removing the tape. saw that the baby's arm and wrist had been blanched and burned.
7. Minor Jacob Belt received burn treatments with the physicians of the Hershey
Medical Center and subsequent to his discharge, was followed by Dr, William Graham, a hand
and reconstructive surgeon, for the purpose of an evaluation of his right wrist, secondary to
the IV infiltration burn.
8, Plaintiff Tonya Moore is the mother and legal guardian of Jacob Belt, a Minor.
9. On October 4, 1996, Plaintiffs filed the above-captioned action alleging the
Defendants' professional negligence in failing to properly administer and monitor the Calcium
Chloride medication given to Minor Plaintiff, Jacob Belt, which resulted in Jacob suffering
from infiltration burns, Jacob has made an excellent recovery. His surgeons advise that
Jacob may desire plastic surgery as he matures to conceal the wrist scarring.
10. Extensive discovery was conducted and on May 4, 1998, Plaintiffs listed this
case for trial.
11, A Pre,Trial Conference was held with Honorable George Hoffer on June 17,
1998.
2
12, By Order dated June 1 B, 199B, the case was set for trial during the July, 199B
trial term of Court.
13. Within days of trial. a settlement was reached in this matter, under which the
Defendants have agreed to pay Plaintiff Jacob Belt, A Minor, and his parents, Tonya Moore
and Jeremy Belt, the sum of Eighty-Five Thousand ($85,000,00) Dollars, as full and final
settlement of this claim.
14, Plaintiff Tonya Moore, as mother and legal guardian of Jacob Belt, understands
the terms of the settlement and agrees that the settlement was in the best interest of Jacob
Belt. Plaintiff requests that the proposed settlement be approved and accepted,
15. Suit was initiated on behalf of the child by both of his natural parents, Tonya
Moore and Jeremy Belt. Since that time, Tonya Moore has obtained legal custody of her son
and a Protection From Abuse Order against Jeremy Belt. Mr. Belt has refused to cooperate
with Ms. Moore and undersigned counsel. Mr. Belt was held in contempt of Court for failing
to comply with Judge Bayley's Protection From Abuse Order and was incarcerated in the
Cumberland County Prison from December 2, 1997 until his release on January 26, 1998
(See, Protection From Abuse Order and Contempt Citation/Orders attached collectively hereto
as Exhibit "A").
16. Petitioner, therefore, respectfully requests that This Court approve the
settlement as being in te best interest of the child, despite Mr, Belt's ref~sal to cooperate in
any fashion.
17. Plaintiff Tonya Moore signed a Power of Attorney and Fee Agreement on behalf
of her minor son, as set forth in Exhibit" 8".
3
WHEREFORE, Your Petitioner respectfully requests Your Honorable Court to enter an
Order approving said settlement of the Minor's claim, directing the distribution of the proceeds
in accordance with the averments of this Petition, and authorize the Petitioner to mark the
above-captioned action settled and discontinued,
Respectfully submitted,
,!'
ANGINO & ROVNER, P.C,
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Dated: %;1 %
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Tanya lI!ldore, Parent and Natural Guardian
of Jacob Beli'
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Tonya L. Hoore, IN THE COURT OF COMMON PLEAS OF
Pl..intiff
and on behalf of the minor CUMBERLAND COUNTY, PENNSYLVANIA
child: Jacob S. Belt
: NO. 97-2306 CIVIL TERM
v.
PROTECTION FROM ABUSE
AND CUSTODY
Jeremy S. Belt,
Defendant
PRM2C7IO)f ORDn
AND NOW, this '1
day of Hay, 1997, upon consideration of the
Consent Agre~ent of the partiee, the following Order is entered:
1. The defendant, Jeremy S. Belt, is enjoined from physically
abusing the plaintiff, Tonya L. Moore, and the minor child, Jacob S.
Belt, or from placing them in fear of abuse.
2. The defendant is enjoined from having any direct or indirect
contact with the plaintiff and the minor child including, but no~
limited to, telephone and written communications, except for the
supervised visits at the Carlisle YWCA according to the schedule
agreed upon by the parties.
3. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's relatives
and the minor child.
4. The defendant is prohibited from entering the plaintiff'S
place of employment and the school or the day care facility of the
minor children.
5. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff.
6. The defendant is ordered to stay away from the plaintiff's
residence located at 88 Frytown Road, Newville, CUmberland county,
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Pennsylvania, and any other residence the plaintiff may establish.. I
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. 7. The ~.Il~ shill qrant the plaintiff, her brother ,-her--
athar, and a Constable access to 1.1:' residence at lZ82 Boilinlj'
springs Road, Boiling springs, on Saturday Hay 10, 1997, at 3:00 p.m.
for the purpose of retrieving her property including items li.tad in
Exhibit A which is attached hereto and incorporated by reference.
8. The court costs and fees are waived.
9. This Order shall remain in effect for a period of one year
or until modified or terminated by th. Court. The Order can be
extended beyond itl oriqinal expiration date if the Court finds that
the defendant has co=mitted another act of abuse or has engaged in a
pattern or practice that indicates continued risk of harm to the
plaintiff.
10. A violatioD o~ thia Order may subj.ct the defendant to: i)
arrest under 23 Pa.C.S. 56113; ii) a private criminal complaint under
23 Pa.C.S. 56113.1: iii) a charge of indirect criminal contempt under
Z3 fa.C.S. 56114, punishable by imprisonment up to six months and a
fine of $100.00-$1,000.00: and iv) civil contempt under 23 fa.C.S.
56114.1. Resumption of co-residence on the part of the plaintiff and
defendant shall not nullify the provisions of the court order.
11. The Pennsylvania State, Newville, and Silver Spring Township
Police Departments shall be provided with certified copies of this
Order by the plaintiff'S attorney and lIIay enforce this Order by arrest
for indirect crilllinal contempt without warrant upon probable cause
that this Order has been violated, whether or not the violation is
committed in the presence of a police officer. In the event that an
Uti/U~/>>ti la:l' fA! 897'Z89
AVIS-KEC~~ICS&U
14I0~
. .
Arrest is made under this section, the detendant shall be taken
without unnacessary delay before the court that issued the order.
When that court is unavailable, the defendant shall be taken before
the appropriate district justice. (23 Pa.C.S. S 6113).
Joan Carey
Attorney for Plaintiff
By
Judge
Jeruy S. Belt
Pro Se
TRUE coPY FROM RECORD
In Tes!llOOny whereof. , here until ~t my MOO
and the saal oj ~Id Court at CailiSle. P;7
Thj~ }r1:- q:;"!:V 1. ~~
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TONY A L. MOORE,
Plaintiff/Petitioner
and on behalf of the minor child
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
I
'I JEREMY S. B:L T,
I DefendanURe;pondent
I
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NO. 97-2306 CIVIL TERM
CIVIL ACTION-LAW
PETIT/ON FOR CONTEMPT
AND NOW, comes the Petitioner, Tonya L. Moore, by and through her attorneys,
O'Brien, Baric & Scherer, and respectfully represents as follows:
1. The Petitioner is Tonya L. Moore, an adult individual who currently
resides at 88 Frytown Road, Newville, Cumberland County, Pennsylvania.
2. The Respondent is Jeremy S. Belt, an adult individual who currently
resides 1282 Boiling Springs Road, Boiling Springs, Cumberland County,
Ii Pennsylvania.
I 3. This Honorable Court entered an Order dated August 28, 1997, which
;
I provided that Respondent was to make available to the Petitioner the items listed in
I "Exhibit A" of the original Protection From Abuse Petition filed in this matter. A copy of
I
'I this Honorable Court's Order dated August 28, 1997 is attached as "Exhibit 1.".
I
4. On September 3, 1997, the Petitioner appeared at the Respondent's
residence at 1282 Boiling Springs Road, Boiling Springs, Cumberland County,
Pennsylvania, at which time the Respondent indicated to the Petitioner that he had
been ejected from that residence and did not have access to that residence.
.
5. The Respondent provided the Petitioner with some, but not all of the
items listed in "Exhibit A" of the Petition, but would not allow Petitioner access to the
residence to retrieve all of the items Petitioner is entitled to.
6. Undersigned counsel has subsequently attempted to resolve this matter
directly with the Respondent to avoid a contempt hearing, but those efforts have fa;led.
7. The items which the Respondent has failed to provide to the Petitioner
are set forth in "Exhibit 2" which is attached hereto and incorporated herein by
reference.
WHEREFORE, the Petitioner respectfully requests that this Honorable Court
hold the Respondent in contempt of court for failing to provide the Petitioner with all of
the items listed in "Exhibit A" of the Protection From Abuse Petition.
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Respectfully submitted,
O'BRIEN, BARIC & SCHERER
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Michael A. Scherer
1.0. #61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for the Petitioner,
Tonya L. Moore
.j mas.dir/domestic/custody/moore.pel
I.
.--.-----.-..--.---------.
TON'ill L. MOORE,
plaintiff/Petitioner
and on behalf of the
minor child
JACOB S. BELT
IN THE COURT OF CO:.~'-:Oll PLE:AS OF
C[J}!BERL.WD COUNTY, PEtmSYLVAIIIA
:
CIVIL ACTIO:I - LAW
V.
JEREMY S. BELT,
Defendant/Respondent
: 1l0. 97-2306 CIVIL TERM
ORDER OF COURT
AIm NOW, this 28th day of August, 1997, pursuant
to this Court's order of May 7, 1997, it is further ordered that
next Wednesday, September 3, 1997, plaintiff, acco~panied by a
Constable and someone to help her move personal property, may
appear at 1282 Boiling Springs Road, Boiling Springs,
PennSylvania, and remove from that residence in which Jeremy S.
Belt now resides the items of personal property listed on
Exhibit A attached to the protection from abuse order entered on
May 7, 1997. Defendant shall be at the residence and shall
allow the Constable, Tonya Moore and someone to help her access
to the property and make said personal property available to
them to be removed.
Michael A. Scherer, Esquire
For the Plaintiff
J.
Jeremy S. Belt, Pro se
1282 Boiling Springs Road
Boiling Springs, PA 17007
:prs
"EXHIBIT 1"
TONYA L. MOORE,
and on behalf of the minor child
PLAINTIFF/PETITIONER
V.
JEREMY S. BELT,
DEFENDANTIRESPONDENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97.2306 CIVIL TERM
ORDER OF COURT
AND NOW, this 26th day of January, 1996, defendant is released from the
Cumberland County Prison under the commitment order of December 2, 1997.
Michael A. Scherer, Esquire
For Plaintiff/Petitioner
Jeremy S. Belt
1262 Boiling Springs Road
Boiling Springs, PA 17007
CCP
:saa
ee: Tanya Moore 01/27/98
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TONYA L. MOORE.
and on behalf of the minor child
PLAINTIFF/PETITIONER
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY. PENNSYLVANIA
JEREMY S. BELT,
DEFENDANVRESPONDENT
97-2306 CIVIL TERM
ORDER OF COURT
AND NOW, this 2nd day of December, 1997, I adjudicate Jeremy S. Belt in civil
contempt for failing to return the personal property to Tonya L. Moore that is listed on
the exhibit to the contempt citation. Jeremy S. Belt shall be incarcerated in the
Cumberland County Prison for a period of six months or until he purges himself of
contempt. He may purge himself of contempt at any time by having the subject
personal property returned to Tonya L. Moore. Upon purge this court will enter an
order releasing him from confinement.
. /1
By the Court,: /
.I
Michael A. Scherer, Esquire
For Plaintiff/petitioner
Jeremy S. Belt, Pro se
1282 Boiling Springs Road
Boiling Springs, PA 17007
CCP
:saa
POWER OF ATIORNEV AND FEE AGREEMENT
By signing this Agreement, I (we) acknowledge that I (we) have engaged the law firm of Anglno & Rovner,
P.C., to represent me (us) under the following terms and conditions:
1. Anglno & Rovner, P.C. may on my (ourl behalf secure medical, work and other similar records, conduct In
investigation, t necessary itart suit against anyone responsible for my (our) Injuries and losses
with respect to ' with full power Ind authority to appear on behalf
of the undsrs din any Court of record or in any administrative or other proceeding, to do. and perform all
and every Ict Ind thing whatsOever that may be requisite and necossary to be done In connection with the
above claim as fully IS the undersigned might or could do If personally present; hereby ratlfylnll and
conflrmlng all that Slid attomeys shall IlIwfully do or cause to be done therein by virtue of this power of
attorney.
2. I (wel alltee to pay Anglno 11& Rovner,P.C., any out-of-pocket expenses they Incur to secure records, experts,
etc., plus a contingent fee that Is totally dependent upon their obtaining monIes for me Ius) IS follows:
"nolno 11& Rovner. P .C. Me (Us)
a. Settlement prior to starting suit 30% 70%
b. Settlement following suit but
prior to trial or arbitration 35% 65%
c. Settlement or verdict et trial
or arbitration, after trial,
arbitration, or appeals or shortly
before trial and after the case
has been totally prepared 40% 60%
d. If no-fault recovery or non.monetary
benefit. RCA ($500); NJR ($4501;
others ($400) per hour but not to
exceed 40% of the total recovery of
value of benefit
e. Settlement or verdict If for eny
reason I (wel negotiate directly or
engage othar counsel to represent
me (usl 20% 80%
f. Other cases
3. In the event that any aettlement Is made on a structured or deferred payment basis, attomeys shall be
entitled to receive their percentage based on the present value of the structured settlement, If paid as a lump
sum at the time of settlement.
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u CASE/ACCOUNTING UGISTEJl ..
p~ARBDI 1/13/'8
PACE.
'IU KUKBBR............I 96021
CLIU7.................: MOORZ, 'l'OtrtA rOR HINOR J. 8XLT
OATS IN OPPlC!.........1 11/06/95
'l'YPZ 01 CAS!...........1 MH
DEfENDANT(SI...........1 CAJU,ISLE HOSPITAL
AT'l'ORNBl' IS cBARCB..... 1 NCO
FORlfARDER......... .....1
RERRRAL...... .........1
SPECIAL NOTB(S)........;
---_.--------------------~----------------------------_.--~-----------------------------
... rII.!l EXPENSES ...
DESCRZPTIOtI DA'" QUANTITY UNIT/pRICE -- pERSO"
PAX CHARGES (PER pAGE) 3/12/91 2.00 1.00 2.00
FAX cHAR.GBS (PER. pAGE) 3/12/97 2.00 1.00 2.00
~AX CHARGES (PER. pAGE) 8/26/97 2.00 1.00 2.00
!'AX CHAAGES (PER PAGE) 8/26/91 2.00 1.00 2.00
pAX CHAR.G&S (PER. PAGE) 8/26/97 2.00 1.00 2.00
PAX CBARGES (PER PAGE) 9/11/97 1.00 1.00 1.00
PAX CHARGES (PER. PAGB) 11/18/97 2.00 1.00 2.00
pAX CHARGES (PER PAGE) 6/22/98 5.00 1.00 5.00
FAX CBJ\RGES (PER. PAGE) 7/13/98 8.00 1.00 B.OO
PAX CHARGES (PER. PAGE) 7/13/98 2.00 1.00 2.00
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EXPBMSB TYPE 'lttrAL1 FAX cHARGES (PER PAGE) 28.00
REPROGRAPBICS 8/13/96 11.25
RBPROGMPHICS 8/13/96 22.50
PINE AA'l' PHaro 3/13/97 11.25
NCO _ EXPENSES 4/07/97 4.50
FAST PRINT 11/07/97 9.44
pAST PIUNT 11/07/97 3.75
FAST PIUN'I' 6/16/98 12.59
E. WlL'tAS'GER. - EXPENSES 7/13/98 2.20
NCO ~ EXPENSES 7/13/98 6.00
------------
BXPmlSS TYPB 'MALI INVESTIGATION EXPENSE 83.48
LONG DIStANCE 7/10/98 20.00
------------
EXPENSE TYPE 'lVl'ALr LONG DISTANCE 20.00 .
PHOTOCOPIBS 6/16/98 1,230.00 .2' 307.50
1
Anqino i Rovn.r, P.C.
U CASK/ACCOUNTING REGISTER ."
PREPARED I 7/13/9'
PILE NUMBER............I "027
,,\C!l.
,
CLIZHT.................I MOORB, TONYA POR IUNOR J. BBLT
----------------------------------------------------------------------------------------------------
PBarocOPIBS
PHarocOPIBS
1/10/99 50.00
1/10/U 1,240.00
.25 12.50
.25 310.00
------------
630.00
43.67
2.0'
4.30
------------
50.03 .
10.00
------------
10.00
-........-.
SUB-'tO'l'AL 821.51 ..
_XPElfn TYPB 'l'O'l'AL1 pBO'l'OCOPIES
POSTAGE
POst'AGS
POSTAGE
3/03/u
6/H/98
1/13/'H
BXPDD 'l'YPB ro'I:ALl POS'lAGB
UNITED PARaL SERVICB
1/06/91
BXPElfSB TYPB 'l'OTAL1 PUROLA'tOR
----------------------------------------------------------------------------------------------------
... CHECK EXPSNSES ..,
DESCRIPTION DATE CIIECl<' """"""
HEALTH INFORMATION SERVICES 3/19/96 19652 51.25
UNI~ITY PHYSICIA.~S 4/03/9' 19904 7.50
CARLISLE HOSPITAL 5/08/96 20594 4.00
HILTON S. HERSHEY Kl!:DlCAL erR. 7/16/96 21120 3.00
KM.IAN M. CONRAD ED.D. R.N. B/21/96 22364 331.50
PRata OP CUKBERLlUID coUNTr 10/0]/96 23120 45.50
SBERIFP OF cUMD.ERLAND COUN'l"f 10/03/96 23126 100.00
BUGEEs,ALBRIGHT,FOLTz,'NAXALE 3/26/91 25940 22B.25
3UGHES,~RIGBT,FOLTZ,'NAXALE 4/02/97 26061 235.05
KM.IAN K. CONRAD ED.D. R..N. 6/11/97 27]OB 150.00
:.A SALLE UNIVERSITY LIBRARY 9/03/97 28659 10.00
UNITED PARCEL SERVICE 9/19/97 2B953 14.04
WILLIAM GRAHAM, III MD 10/01/91 29239 50.00
UNI~ PARCEL SERVICE 10/23/91 29504 3.40
AESTHET!C AND RECONSTRUCTIVE 11/12/91 29941 500.00
PRarB OF CUMBERLAND COUNTY 6/26/99 ]3413 4.00
~ISIO ROSARIO, M.D. 15/26199 33414 5.00
KANCY HERSHEY, R.N. 6/29198 33416 5.00
ELISIO ROSARIO, M.D. 1/13/99 33414 5.00-
NANCY HERSHEY, R.N. 7/1]/9B 33416 5.00-
.........-..
SUB-TatAL 1,749.49 ..
--...--..-
'l'O'XAL EXPENSES 2,571.00 ...
----------------------------------------------------------------------------------------------------
..... RECBIPTS
.....
SOUReR
RllJ\SOH
DATE
AMOUNT
l5-22.
Information contained in these averments are not
directed to answerable by Defendants.
Date:
1/&1/
BARLEY, SNYDER~FT & COHEN, LLC
-:t~J~ '-
Kendra D. McGuire, Esquire
Attorneys for Defendants
Wendy Swisher, R.N. and
Carlisle Hospital
By:
l26 East King Street
~ancaster, PA 17602-2832
(71 7) 299-520l
Court 1.0. No. 50919
2
,
JACOB BELT, A Minor, by
TONYA MOORE and JEREMY
BELT, his parents and
natural guardians, and
TONYA MOORE and JEREMY
BELT, Individually
and in their own rights,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
96-55ll CIVIL TERM
WENDY SWISHER, R.N., and
CARLISLE HOSPITAL,
Defendants
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 2nd day of October, 1998, upon
consideration of the Plaintiffs' petition for Approval of Minor
Settlement, the Court being satisfied of the propriety of this
settlement, and that it is in the best interest of the parties,
it is hereby ordered that in accordance with the provisions of
Pa. R.C.P. 2039 of the Rules of civil Procedure:
1. The settlement of the Minor claim in the
amount of Eighty-five Thousand ($85,000.00) Dollars for Jacob
Belt, is hereby approved as fair and equitable;
2. The distribution of the settlement of the
Minor Plaintiff is directed as follows:
Lump sum to Plaintiff Jacob Belt,
a Minor, by Tonya Moore, his
mother and legal guardian
$57,lOO.00
Attorneys' fees (30%, pursuant
to an agreement of Plaintiffs'
counsel)
25,500.00
Expenses ($2,445.85 minus
expense concession)
2.400.00
TOTAL
$85,000.00
-"I
.-i.
C',.'
,
3. The proceeds of this settlement on behalf of
the minor shall be deposited in one or more savings accounts in
the name of the minor in banks, building and loan associations,
savings and loan associations or credit unions, deposits in
which are insured by a Federal Governmental Agency, provided
that the amount deposited in anyone such savings institution
shall not exceed the amount to which accounts are th~s insured,
or in one or more accounts in the name of the minor investing
only in securities guaranteed by the United States Government or
a Federal Governmental Agency managed by responsible financial
institutions. No withdrawal may be made from any such account
until the minor attains majority except as authorized by a prior
Order of the Court. Proof of the deposit shall be promptly
filed of record.
4. upon payment of the proceeds, Tonya Moore is
authorized to execute and deliver to the Defendants, a Release
discharging the Defendants and to have the case marked "Ended,
settled and discontinued." The release signed by Tonya Moore,
as mother and legal guardian of Jacob Belt, will have the effect
of discharging Defendants from any ar.d all liability for any
claims or demands arising out of any of the issues raised in
this litigation. Jeremy Belt's signature on the Release is not
necessary.
By the Court,
.
Nijole olson, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110
Counsel for Plaintiffs
Kendra McGuire, Esquire
Barley, Snyder, Senft & Cohen, LLC
126 East King Street
Lancaster, PA 17602-2832
Counsel for Defendants
Jeremy Belt
1282 Boiling Springs
Boiling Springs, PA
Road
17007
:srs
~ /11.;......J..
10/,-,/18 .
.,;,. f'.
3RM.12.1999 ~:S5PM
1<0.267
P.V2
FTC SIlo VER SP<OS
Fin~gl~
A"'-~!
i4t511lTN~ HIGH'N~Y
~.o. BOX 220
CA~UAll. flA 11t1'S.~
171 n OIQo1OQ)
!"~"'.T'fCII\
la.ouaty 12. 1999
RE: New Deposit ACCount
Tanya L.. Moore GuartluIIl tor Jacob Helt
To Whom It May Concern:
nu, letter is in ~fcrCDCC lD II'M;W accoWlt thet WI! recently opcncd lit the Financial Trust
Silver Sprinp office. The referenced accoUllt is emitted "Tanya L. Moon OuanIian for
Il1l:Ob Bell". JlIl:ob Belt is the sole OYmel' ofthis ~01lIlt. however he may not withdraw
!tom the lICCQunt until he l'ClIl;hC5 the age of majority, the age of 18. The guardian, Tanya
L. Moore. ltUlY not withdrllw lilY funds from this llCcount without the written COIlSe!l1 of
the COurt of Common Pleas ofC\!!nb<:rl"nd O:lun..ty. If you elv.lnld have any questiOllll
l't'ncemmg !hi! mett~. pI=:;: f~! fre: w .give m.c:t :311:lt (717)795.J "0.
SinCCn:iY7
~a.7k~
. '- _)J
Kin1betly J. Heavner
Financial TJUSt Co.
Silver Spring. Office
~
J'~!9 7kL~
j Q1 ~ \"1 (,"1 :, ~"^N 0' ,,,^'
717-,'1s - aIR'
11/0
CUSTOMER RECEIPT
eEl !Tb'GeJe,ooo~ 32.0:19
TtfY'" .-
1505FTC 525 107991i024O ~OO.OO ~
Tn Ii'
"qC:~T\.Vlf,)~lC-<:T \V
RQ:=~LIH~ \V~
CERTIFICATE OF SERVICE
I hereby certify that I, Candice Mo Baker, an employee of Angino & Rovner, PoCo, have
this date served a true and correct copy of Plaintiffs' Proof of Deposit, upon the parties listed
below via United States first class mail, postage prepaid, addressed as follows:
Kendra McGuire, Esquire
BARLEY, SNYDER, SENFT & COHEN
126 East King Street
Lancaster, PA 17602
Dated: ~ ~e2//99j
{I
~ dA;~9n.~
and ice M. Baker I
115291/CB
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CERTIFICATE OF SERVICE
I hereby certify that I, Candice Mo Baker, an employee of Angino & Rovner, PoCo, have
this date served a true and correct copy of Plaintiffs' Praecipe, upon the parties listed below
via United States first class mail, postage prepaid, addressed as follows:
Kendra McGuire, Esquire
BARLEY, SNYDER, SENFT & COHEN
126 East King Street
Lancaster. PA 17602
Date~/q/fj99
f2,,~,~
I~ndice M. Bak
115291/CB
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