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Home My WebLink About00-00789 " '-,,,--" '~"~ " ',' C',_,,;_, ,,,' :.~__ "",~~~-',(, """.- -"",.- ';-'~~,;$~-:),~-,''''''-- ,~"' _ -""',,,,.,,, 0;,;.,-~::iI"r'-'-"'" .c.-,.' I; , , EDITH BEARD GEYER, E:recutrix of the Estate of CAROL J. AREEDA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. {lfXX)- '789 G..wJi lerM CIVIL ACTION - LAW CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsyvlania Non-Profit Corporation t/a/dIb/a CARLISLE HOSPITAL, Defendant ~ ~ if f! ;j !I Ii n u I' I' ;j H PRAECIPE FOR A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please enter my appearance on behalf of the plaintiff and issue a Writ of Summons against the defendant, Carlisle Hospital and Health Services, a Pennsylvania Non-Profit Corporation Va/d/b/a Carlisle Hospital. Please direct the Sheriff to serve the defendant as follows: Respectfu1ly submitted, IRWIN, McKNI HT & HUG II I' 'I ~ :1 , (1 Ii I' ,I " j: !i it ~j ~ " Ii l! Carlisle Hospital 246 Parket Street Carlisle, PA 17013 By: Date: Febl1lllry 10, 2000 To: Carlisle Hospital You are hereby notified that Edith Beard Geyer, Execntrix of the Estate of Carol J. Areeda, the plaintiff, has commenced an action in trespass against you which you are required to defend or a default judgment may be entered against you, 1=5/ CLl.Il:b P-.~ ~ PROTHONOTARY By: \ \ "'0.. "\\J\cV. 0 uV\..OJY'\ ~-'kr DEPUTY Date: re..b. 10+1' .2000 .'0'" ........ ~">> -< << <. .e--," "- ,_", ,',<--, I . .\,;-' -" ,. .,. ", ~ 2 ~ !l:: -0 - 0\ ~ -J -f:. c,) }J <:y) ~ ~ U'i, \) "6 0... 1 - ""' .dco o c ~,"" I~ zE8 Pc"' L =< '"." a C) -,-, ~"'1'1 ;:':i:, c.:' ---;-j ::;! :1;= -,',,<1 ":_".:0 :~::;2) I-r~ ~~R OfT'] ---I ~ -< c ~~ ~-? w o ," " 8 ".~ - SHERIFF'S RETURN - REGULAR CASE NO: 2000-00789 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GEYER EDITH BEARD ET AL VS CARLISLE HOSPITAL AND HEALTH S ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CARLISLE HOSPITAL & HEALTH SERVICES T/D/B/A CARLISLE HOSP the DEFENDANT , at 0015:40 HOURS, on the 11th day of February, 2000 at 246 PARKER ST CARLISLE, PA 17013 by handing to LISA PEABODY a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 S;;;92~~~t R. Thomas Kline Sworn and Subscribed to before 02/14/2000 IRWIN, MCKNIGHT & HUGHES By: ~ Y= I. . ,e::z::l ~~~eriff -~ me this ;/9/:5- day of M", ""'7 OltrZrlJ A.D. 9. '11'(' f7 ""JM"1t7,",, / A~n~. "Prothonotary' . ""~,,,,,,,;,,c_ '.;.~,~_\/','"",'':''~,,_ ":,._"~."__,,-;,:,,,:,,,,,;,,,~,; ,,'~:,- '.""'....".",, ' .'~ '"0" ,,'-. ~. j ,.'",-",-;,:, . '.-".', .<.',",," ::;-l,~,,-~;-: ,'". ,-':)'j EDITH BEARD GEYER, Executrix of the : Estate of CAROL J. AREEDA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. DOCKET NO. 2000-789 Civil CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania Non,Profit Corporation t/aJdfb/a CARLISLE HOSPITAL, Defendant JURY TRIAL DEMAND PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule upon Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. Respectfully submitted, FARRELL & RICCI, P.C. Date: March ~ 2000 '~'-'-", ','- " -"'- -.;0".".___"", -,"-"-"'-'-'-'--.-'. '-""-.,0'<,' __,%'_ "_ _'_~O .. CCL-i:i.,: - '" , ,', ,- ~ '-. -, - ':~ -~,:- L::,' ^ ~.' EDITH BEARD GEYER, Executrix of the : Estate of CAROL J. AREEDA, Plaintiff v. CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania Non-Profit Corporation t/aJdJb/a CARLISLE HOSPITAL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DOCKET NO. 2000-789 Civil JURY TRIAL DEMAND RULE TO FILE A COMPLAINT TO: Edith Beard Geyer, Executrix of the Estate of Carol J. Areeda, Plaintiff c/o Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, P A 17013 You are hereby ruled to fIle a Complaint within twenty (20) days of receipt of this Rule or suffer a judgment of non pros. Dated: fYl'::JorL /l- -:2C>02> I N(L~2 72 ~ ~ Prothonot ~ ,-if''''--, ,,"',,,- '-', - <; ~- ". ,;";,,. '-=' ",~,,,c' - ., - "' . "~,2'--' ]; CERTIFICATE OF SERVICE AND NOW, this ) 11::>- day of March, 2000, I, Joseph A. Ricci, Esquire, hereby certify that I served a true and correct copy of the foregoing Praecipe for Rule to File a Complaint upon all counsel of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 '>- Ln (C :>- ..c..-( (-- '-- ~:: lU::;':! ("0 :"-.) <r; u-= ""'\ n.:~i '--~ C) ,~:. '.L_,- t.'L <Y C) 1--- ~- Ie; (;~ ~ 8;I VJ .':-- -- if'~~! fZ ;~S~ 'f::; ""'T J.Lict] ""-":; (1) Q. , LL D :5 .; 0 ~ D 0 . -" Farrell & Ricci. P.C. 2000 Linglestown Rd, Suite ros Harosburg. PA 17110 (717) 652-6101 , ,-'-,,,,-' "-,;,,-- ~ - -.-~---"" ~--;"-'-~ " EDITH BEARD GEYER, Executrix of the : Estate of CAROL J. AREEDA, Plaintiff v. CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania Non-Profit Corporation tlaldlb/a CARLISLE HOSPITAL, Defendant ~~' _ - '...:' ;";'c--' _'-'ce ,;",,' -,' 'i L ',_~ ~~ ,_'_-<,,- . ---""1'-,,:,' ;;;i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DOCKET NO. 2000-789 Civil JURY TRIAL DEMAND ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for Defendant, Carlisle Hospital and Health Services, in the above-captioned matter. Date: March li, 2000 Respectfully submitted, FARRELL & RICCI, P.C. aR ~ oseph A. 2000 Linglesto . bur (717)652-6101 Counsel for Defendant, Carlisle Hospital and Health Services Road, Suite 108 17110 '~-, : ''',; "" '",,_ ,;_,~-',.,i,:_<_-,-,-, "',I; ,~ "~ "~ i I I I CERTIFICATE OF SERVICE AND NOW, this J1i!1-day of March, 2000, I, Joseph A. Ricci, Esquire, hereby certify that I served a true and correct copy of the foregoing Entry of Appearance upon all counsel of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 .. .. >-:('~ ~ <.... l- ei lU--/ o~-c o:~! 9t,C, c.::c: Wl.:- e::lLu -U-"l' i=- LL- o U') C / ~~~ C)::::J --7 ~~_ ~5 ~~~ tU!-U ~:~~ u_ "5 o F: -,- (1: \.0 P:-: "-~--:;: Cl C) . , Farrell & Ricci, P.C. 2000 Linglestown Rd, , . Suite 108 Harrisburg. PA 17110 (717) 652-610 1 . ~~.-~,--~, ,--" '-~~'~'~-'"~~'--'.~~"."",--- ---,~." '. EDITH BEARD GEYER, : IN THE COURT OF COMMON PLEAS OF Executrix of the Estate of CAROL J. AREEDA, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. CIVIL ACTION - LAW CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania NO. 2000-789 CIVIL TERM Non-Profit Corporation t/a!d/b/a CARLISLE HOSPITAL, DEFENDANT NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, oTder and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses OT 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Dauphin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ~___~,,_ ,_ _:"~_C" _,"._,."_ --"",.,,""" EDITH BEARD GEYER, : IN THE COURT OF COMMON PLEAS OF Executrix of the Estate of CAROIJ J. AREEDA, : CUMBERLAND COUNTY, PENNSYL VANIA PLAINTIFF v. CIVIL ACTION - LAW CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvauia NO. 2000-789 CIVIL TERM Non-Profit Corporation tla/d/b/a CARLISLE HOSPITAL, DEFENDANT COMPLAINT AND NOW, this -.li..~ay of April 2000 comes the plaintiff, Edith Beard Geyer, Executri,x of the Estate of Carol J. Areeda, and makes the following Complaint against the defendant, Carlisle Hospital and Health Services, a Pennsylvania Non-Profit Corporation t/a/d/b/a Carlisle Hospital, as follows: 1. The plaintiff is Edith Beard Geyer, who is the Executrix of the Estate of Carol J. Areeda. She resides at One West Penn, Apt. 421, Carlisle, Pennsylvania 17013. CaTol J. Areeda died on October 13, 1999. Edith Beard Geyer was appointed Executrix ofheT Estate. 2. The defendant is Carlisle Hospital and Health Services, a Pennsylvania Non-Profit Corporation t/a/d/b/a Carlisle Hospital, with its primary place of business located at 246 Parker Street, Carlisle, Pennsylvania 17013. 3. Carol J. Areeda was very distressed and unhappy on February 14, 1998. 2 ~ -. .'''-~''- ,~-~" "-,~,,. ^ --~~""~. -"--o=~~=='~'.y,JM'_ ~,"'-"-~, '-"~,'~- "-"";_ ',~":J.-'-'<ClI-='"'-','--'~'<"'-- ~ _~ 'o;;'__,,~j 4. Carol J. Areeda arrived at the Emergency Room at approximately 10:30 a.m. on February 14, 1998, with the plaintiff, Edith Beard Geyer. 5. She was in the Emergency Room nearly all day on February 14, 1998. She was confused, agitated, and was hallucinating. 6. She was admitted late in the afternoon on February 14, 1998. 7. Several days later on February 17, 1998, while a patient, she bell and broke her right femur. 8. Ms. Carol J. Areeda incurred additional medical expenses due to her need to recover from her physical injuries. 9. Ms. Carol J. Areeda also experienced significant pain and suffering due to the injuries she sustained when she fell while under the care of the defendant. 10. The injuries sustained by Ms. Carol J. Areeda were caused by the negligence ofthe defendant. 3 ""~ . -. .- ..' . .'.'- .., -..,... ".. -q'.~ "'''" II. The negligence of the defendant consisted of the following: a. Failure to properly restrain Carol J. Areeda, despite her history of distress and confusion; and b. Failure to provide adequate supervision which was required by Carol J. Areeda to protect her from harm while she was a patient at the facility of the defendant. 12. The injuries sustained by Carol J. Areeda were caused by the negligent conduct of its employees andlor agents. WHEREFORE, the plaintiff, Edith Beard Geyer, Executrix of the Estate of Carol J. Areeda, requests judgment against the defendants for an amount less than Twenty-Five Thousand and noli 00 ($25,000.00) Dollars and requests that this case be resolved by Arbitration with interest and costs permitted by law. Respectfully submitted, IRWIN, MCKNIGHT & HUGHES By: Date: April 19, 2000 4 '"'~- .-~, ':"",._ ~__'" ".',;.'n, _~~ '''',' _+._ -';;' VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. cd.:t~ /!JD-4J- ~w EDITH BEARD GEYER, Executrix of the Estate of Carol 1. Areeda Date: Auril 19 .2000 -,>,~' n'~" '_"""~"""',m",''''''"='~'_'''"'''', ',' ^'""'''''i EDITH BEARD GEYER, : IN THE COURT OF COMMON PLEAS OF E~ecutrix of the Estate of CAROL J. AREEDA, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. CIVIL ACTION - LAW CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania NO. 2000-789 CIVIL TERM Non-Profit Corporation t/a/dfb/a CARLISLE HOSPITAL, DEFENDANT CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certifY that a copy of attached Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Joseph A. Ricci, Esquire FARRELL & RICCI, P.C. 2000 Linglestown Road, Suite 108 Harrisburg, PA 17110 By: Marcu A. McKni , 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: April 19 .2000 n f~ ;+? f~'~ ~~~~ -<:.,:;; c:C) ?~c'; >~ -, -< ~~.:) \.0 (::-;1 <-::J C) ri :-,~... ~'O ";:~::J '~ ~..o """;F ;;:- EDITH BEARD GEYER, Executrix of the : Estate of CAROL J. AREEDA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. DOCKET NO. 2000-789 Civil CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania Non-Profit Corporation tlaJdfb/a CARLISLE HOSPITAL, Defendant JURY TRIAL DEMAND TO: Edith Beard Geyer, Executrix of the Estate of Carol J. Areeda, Plaintiff c/o Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 Counsel for Plaintiff NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ANSWER WITH NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS OF SERVICE OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, FARRELL & RICCI, p.e. Date: May ~ 2000 ,. '-. -" ~~ '~ , . "'0 _,~'_ _ ~"'-". 'C'__~"". ,-,~,. 0_'._' _' ',_~' _ ,,"'. ' .-C""",__",- ',:",,'''c~<<,,'',i'''' ,';.,,,":~L"': ",'"..;.;./,...' .'" ~ ':;-P' ;" ':"-4;,'': I"h""" '''';',,,";,,,.;,;--\ -"'-"'( EDITH BEARD GEYER, Executrix of the : Estate of CAROL J. AREEDA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. DOCKET NO. 2000-789 Civil CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania Non-Profit Corporation t/aJdIb/a CARLISLE HOSPITAL, Defendant JURY TRIAL DEMAND ANSWER WITH NEW MATTER OF DEFENDANT CARLISLE HOSPITAL AND HEALTH SERVICES, tJaJdIb/a CARLISLE HOSPITAL AND NOW, comes Defendant, Carlisle Hospital and Health Services t/aJdfb/a Carlisle Hospital, by and through its counsel, Farrell & Ricci, P.C. by Joseph A. Ricci, Esquire and replies to the Plaintiffs Complaint as follows: 1. Denied. After reasonable investigation Answering Defendant is without information sufficient to admit or deny the truth or falsity of the said averments and accordingly denies the same and demands strict proof thereof at the time of trial if deemed material. 2. Admitted. 3. Denied. The averments contained in this Paragraph are denied in conformity with Pa.R.C.P. 1029(e). 4. Admitted in part, denied in part. It is denied that Carol J. Areeda arrived at the emergency room at approximately 10:30 a.m. on February 14, 1998. To the contrary, Mrs. Areeda presented at the emergency room at 13:37 hours on February 14, 1998, Upon -_.:, ''''''-;~ ~= ;',' ~;"o> ,:'__;:.,; <,~,-!,-,,,,_:^" - '" ~,~ ~ ,,_;~_', "-'~',;",~ " - .;,,:"",,:~: tkC,_,:;.,;:,_:~j'" Ii' information and belief, it is admitted that Mrs. Areeda was accompanied by Edith Beard 5. Denied. It is denied that the patient was in the emergency room "nearly all , , r f._, I' I' ::< I' " I i;--: Geyer. day on February 14, 1998." To the contrary, the patient was admitted to the emergency department at 13:37 hours and was admitted to her hospital room at 1730 hours. During this period of time, the patient had been evaluated by nurses, physicians and undergone a i;-] i , ( I , radiology examination. It is further denied that the patient was confused, agitated and was 7. Denied. The averments contained in this Paragraph are denied in conformity (:: '" J,i :1 [;1 Ii , n :i I, Ij Ii IJ 'I ,1 II i i i hallucinating at the time of admission. To the contrary, at the time of her admission, her mood was appropriate, her thought was clear and spontaneous, her speech was normal and clear and her memory was intact. Further evaluation revealed the patient was oriented x3 and displayed no signs of depression. 6. Denied as stated. It is admitted that the patient was admitted to her hospital room at 17:30 hours on February 14, 1998. with Pa.R.C.P. 1029(e). 8. Denied. The averments contained in this Paragraph are denied in conformity with Pa.R.C.P. 1029(e). 9. Denied. The averments contained in this Paragraph are denied in conformity with Pa.R.C.P. 1029(e). 10. Denied. It is specifically and unequivocally denied that the "injuries sustained by Ms. Carol J. Areeda were caused by the negligence of the defendant." To the contrary, at all times material hereto, the Answering Defendant provided proper and 2 . ',_ i::,':~JJ;!';~--;';;->~ ,<J,;- , -. -, ;;,:" .. ~,-' _.'~- c_>:_.,_--,'-'. :;,>_.;f'-';_>;; '- -.," '~~,{.:- u -, ~~:;Z~~~I-i: :_~:,Z~.J:;';-'-.i: ..- "--;"'~";:, ~" appropriate care within the standard of care required for treatment of patients such as the Plaintiffs decedent. 11. Denied. It is specifically and unequivocally denied that the Answering Defendant was negligent. To the contrary, at all times material hereto, Answering Defendant rendered proper and appropriate care within the standard of care required for treatment of patients such as the Plaintiffs decedent. By way of further answer, it is more specifically denied that: a. Denied. It is specifically and unequivocally denied that the Answering Defendant was negligent in a "[fJailure to properly restrain Carol J. Arreda, despite her history of distress and confusion." To the contrary, at all times material hereto, Answering Defendant acted properly and appropriately and within the standard of care required for treatment of patients such as the Plaintiffs decedent. b. Denied. It is specifically and unequivocally denied that the Answering Defendant was negligent in a "[fJailure to provide adequate supervison which was required by Carol J. Areeda to protect her from harm while she was a patient at the facility of the defendant." To the contrary, at all times material hereto, Answering Defendant provided proper and appropriate supervision within the standard of care required for treatment of patients such as the Plaintiffs decedent. 12. Denied. To the extent this Paragraph is an averment of proximate causation, it is a conclusion oflaw to which no affirmative response is required. To the extent an affirmative response may be required, said averments are specifically and unequivocally 3 f,_" :,'__, ,''0'",'" _, ~ . >"__~"-,;:~:r.-,- ;-;-::"',k~:::':,c~<'-;:"-)-'-:""~ ,- ~ -~-: ; -,",' ,-;, -~i'-',,; ":do;._ ~~~;-'~'- ,i-'''' _" ,~_~~r>I~;2:::-,;: -t'~-~~;"" '---"~__",L. ~; denied and strict proof thereof demanded at time of trial if deemed material. By way of further answer, to the extent this Paragraph is an averment of the Plaintiffs alleged damages, it is denied since after reasonable investigation the Answering Defendant is without information sufficient to admit or deny the truth or falsity of the said averments and accordingly denies the same and demands strict proof thereof at the time of trial if deemed material. WHEREFORE, Answering Defendant respectfully requests that this Honorable Court enter judgment in its favor and against the Plaintiff and that Answering Defendant be awarded appropriate costs and fees. NEW MATTER 13. Plaintiff has failed to state a claim upon which relief can be granted. 14. Plaintiffs claim is barred and/or limited by the applicable Statute of Limitations. 15. It is believed, and therefore averred, that the discovery will show that the Plaintiffs decedent was negligent and that her negligence exceeded the negligence, if any, of the Answering Defendant, thereby barring recovery by operation of the Pennsylvania Comparative Negligence Act. 16. It is believed, and therefore averred, that discovery will show that the Plaintiffs decedent was negligent and that by virtue of her negligence, her claims may be limited by the operation of the Pennsylvania Comparative Negligence Act. 4 "["-,;,_.,"," 'I , , 'I , I " :1 I' jJ il I I II ,i II Ii Ii " I' :1 i! I' II I II II II Ii .-'..-- "---'-0',' . ,-,,_',-.,~k,c~-.'-'fi..-"" - -" .'~.. "';"~'" ",,/,~,,: " - "..:.- ~ ~',_::,~",I.'_:i'-~ ,> .-'.;::: 17. It is believed, and therefore averred, that discovery will show that the Plaintiffs decedent voluntarily assumed a known risk thereby barring recovery by the operation of the Doctrine of Assumption of Risk. 18. Plaintiffs decedent's 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 Defendant. 19. At all times material hereto, Answering Defendant provided full, complete, proper, reasonable and adequate medical care and treatment in accordance with the applicable standard of care. 20. No conduct on the part ofthe Answering Defendant was a substantial factor in causing or contributing to any harm which the Plaintiffs' decedent may have suffered. 21. If Plaintiffs decedent suffered any damage, the damages were caused by the conduct of others over whom the Answering Defendant had no control or right to controL 22. All claims and causes of action pleaded against the Answering Defendant are barred by Plaintiffs decedent's knowing and voluntary informed consent to the care in question. 23. All physicians rendering medical care or treatment to the Plaintiffs' decedent were independent contractors in relationship to the Answering Defendant and were not the agents, ostensible agents, servants or employees of the Answering Defendant. 24. 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 Defendant raises the "two schools of thought" defense. 5 ."."" '",_~_ 0 , ,-: ~;' "" ,j,,'-j,;J;;:r,'h.- "~-,,,,-" ,,";:';',~;,~O ;:,'i:'.;.,_:i;:;'; :?;':,-,;L~ ';:::~~: :;.;';-:) I.,c__u~~;_,;~;;~~,,::':'" '" 25. Answering Defendant Carlisle Hospital and Health Services t1aJdIb/a Carlisle Hospital was precluded from placing restraints upon Plaintiffs decedent without appropriate physician order. 26. Carol J. Areeda's attending physicians did not order restraints in the course of treatment of Carol J. Areeda. WHEREFORE, Answering Defendant respectfully requests that this Honorable Court enter judgment in its favor and against the Plaintiff and that Answering Defendant be awarded appropriate costs and fees. Respectfully submitted, FARRELL & RICCI, P.C. Date: '5/q /00 , ci, Esquire ttorne I. . No. 49803 2000 Linglestown Road, Suite 108 Harrisburg, PA 17110 (717) 652-6101 Counsel for Defendant 6 ':;;. ~' " . ~ .c__.' ,~"~"""=-'J;; '~ .':;'::"-: -/:< .,;. ';'."-' iX'-;,>'-:,., J';';'"'~ :",;~;.;L~;;-M~':~ ~,;.;L:Z:;; '. ":':~'-,<';; j-~~;';I{:~.~1:J:?;~~";:.~;_:' -, ;, VERIFICATION PURSUANT TO Pa.R.C.P. l024(c) Joseph A. Ricci, Esquire states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. DATE: May ~ 2000 ; _ _,;,~_co:.,~.-;"", - ".,>- h, _", ~ ,,_',,- - ,'-.~~;:": :~i"-- :~-: -,;,.. -; .- "_0. , .- _~.- ~"-'-_ '_ _:.;",,~:~~~;I/_;:';:~;:"; -f :- CERTIFICATE OF SERVICE AND NOW, this ~ day of May, 2000, I, Joseph A. Ricci, Esquire, hereby certify that I served a true and correct copy of the foregoing Answer with New Matter upon all counsel of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 ci, Esquire ~ b lJJ" 9~' If;i QC) fi:1R~ ii: ~~ l;__ o ('.l fA :2C 0.. >- \:::; ::S4 :3~ 0:::; sfg ~r:Z ~..u dJ Qdr.l- 2 =) o C> >--- 01;:;:1'. :t: C' o .' . . Farrell & Ricci, P.c. 2000 LinQlestown Rd. Suite 108 ~ HarrisburQ. PA 17110 (717) 652.610 1 ,-- --,' EDITH BEARD GEYER, Executrix of the : Estate of CAROL J. AREEDA, Plaintiff v. CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania Non-Profit Corporation t/aldIb/a CARLISLE HOSPITAL, Defendant ;,.,",- -,;", "",C' .,":,:",-'-k < "I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DOCKET NO. 2000,789 Civil JURY TRIAL DEMAND PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly affix the attached Verification to Defendant's Answer with New Matter to Plaintiffs Complaint, which was filed with the Court on May 10, 2000, in the above-captioned matter. Date: S/J9/b() Respectfully submitted, FARRELL & RICCI, P.C. , Jos h A. Ricci, Esquire ttor ey J.D. No. 49803 200 'nglestown Road, Suite 108 Harrisburg, PA 17110 (717) 652-6101 Counsel for Defendants - -'1-0'-'*,",,-,.'-,-- '-"',.-,";:.--,.-;, '-',:",,,.,-,:,,,';,,,,~\~~: C","_ '>cO"": ~"~~";;~I;d "O_;"_~ ;j M-208 VERIFICATION I, Georgeann Laughman, hereby verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. CARLISLE HOSPITAL Date: ~~~o ~<o/t:4/>>?/~~ /Name: G orgeann Laughman Title: Director, Business Ethics and Risk Management " -,/,-;;~<'~,~. ;;' -",',;(F"~'~-~""';">- _':.;~~~~Li__',;:;';~'-~'-c ~;~11 CERTIFICATE OF SERVICE AND NOW, this _I Of ~ay of May, 2000, I, Joseph A. Ricci, Esquire, hereby certify that I served a true and correct copy of the foregoing Praecipe to Substitute Verification upon all counsel of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, P A 17013 A. Ricci, Esquire >- ...:1' :>- 0; cr. .- IS ~.--) n ("'J UJ~':-; "-'-" <;21:- U_-7- L..-.~ S)~~:: N C-JC,--,- ('~ Wl.~.- ~ "-: [C ~c~ r.: ;1;;;:: ;C;~ w- e --' 0 C.? U , . " Farrell & Ricci, P.c. 2000, LinQlestown Rd, "Suite 108 HarrisburQ. PA 17 t 10 (717) 652-6101 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS EDITH BEARD GEYER,EXEC.ESTATE,ET AL TERM. -VS- CASE NO: 2000-789 CIVIL CARLISLE HOSPITAL & HEALTH SERV.,ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH A. RICCI, ESQUIRE 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: 09/18/2001 on ~~~ JOSE H ~iCCI. ESQUIRE Attorney for DEFENDANT DEll-279766 70255-LO:L ,.,~~ ~_o_.~ ""--,. CO~ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS EDITH BEARD GEYER,EXEC.ESTATE,ET AL TERM, -VS- CASE NO: 2000-789 CIVIL CARLISLE HOSPITAL & HEALTH SERV.,ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DAVID C. BERTSCH, tID DR. DAVID BAKER J. EDWARD DAGEN, M.D. MEDICAL MEDICAL MEDICAL TO: MARCUS MCKIHGHf, ESQUIRE MCS on behalf of JOSEPH A. RICCI. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/27/2001 MCS on behalf of JOSEPH A. RICCI. ESQUIRE Attorney for DEFENDANT CC: JOSEPH A. RICcI. ESQUIRE - M-208 Any questions regarding this matter, contact THE MCS GROUP IRC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-163083 702SS-COl =~,~ '. I" COMMO~'W'EAL TH OF PENNSYLVANIA - COUNTY OF CUMBERL-\...'iD EDITH BEARD GEYER,EXEC.ESTATE OF CAROL J. AREEDA VS File :-<0. 2000-789-CIVIL CARLISLE HOSPITAL & HEALTH SERVICES, ET ~ SUBPOENA TO PRODUCE DOC'tlMTh-rs OR THI~GS FOR DISCOVERYPURSUA.,,-r TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: nAVTD C. BERTSCH. M.D. (N.me of ?I!'non or =-~d~) \o\'ithitt rw,:,::!. (ztl) diys Uter san'ice of tkis subpoena., you ue ordere-d by the C'DU.rt to produce the following documents or things: <::1<'14': A'l''l'ArJ:r'Rn MCS GROUP INC., 1601 MARKET ST., #800, PHlLA.,PA 19103 \ Aclan... it You m~y dein'" or mail legible copies of the documents or produce things rtCl"ested by thi. .ubpoena. togeth., with the certificate of complionce. to the puty mwng this reque.t ~lthe ~ddress listed above. You h.an the right to se.i<. in .d,-once, the :....on~bl. co.t of preparing the copies or producing the things _ghL If you fJ.i! to "oduce the document. or things tequired by this .ubpoena,. within twenty (Zl) days Uter its ",,';ce. the parry se,,'ing this ,,,;,poena may .eek a court order compelling you to comply with It. THIS St"BPOE?-.rA WAS ISSUED AT THE REQUEST OF1'HE fOLLOWING PERSON: ~AME: T()~'F"P~ A 'RTr.r.T. ~~o ADDRESS: 4423 N. FRONT ST. HARRISBURG. PA 17110 TEtEPHOS=.: 215-246-0900 Sl,;PRE.\fE COliRT 10 t: ATIOR.,"EY FOR: DEFENDANT DATE: ~urAst 2J. j(J'01 SuI of the Court ',~ff i /97) ~ .~' " EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DAVID C. BERTSCH, MD GEISINGER MEDICAL CENTER 100 N. ACADEMY AVE DANVILLE, PA 17822 RE: 70255 CAROL J. AREEDA Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CAROL J. AREEDA 315 W. RIDGE ST., CARLISLE, PA 17013 Social Security #: 160-28-8638 Date of Birth: 01-20-1934 SOlO-324712 702SS-LOl p. ., I ;..j CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS EDITH BEARD GEYER,EXEC.ESTATE,ET AL TERM, -VS- CASE NO: 2000-789 CIVIL CARLISLE HOSPITAL & HEALTH SERV.. ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH A. RICCI, ESQUIRE 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 servedt (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 09/18/2001 JOSEPH A. RICCI, ESQUIRE Attorney for DEFENDANT DEll-279767 70255-L02 "'" ,~: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS EDITH BEARD GEYER.EXEC.ESTATE,ET AL TERM, -VS- CASE NO: 2000-789 CIVIL CARLISLE HOSPITAL & HEALTH SERV.,ET AL NOTICE OF INTEN'r TO SERVE A SUBPOENA TO PRODUCE DOCUMEN'rS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DAVID C. BERTSCH. 1m DR. DAVID BAKER J. EDWARD DAGEN, M.D. MEDICAL MEDICAL MEDICAL TO: MARCUS HCKNIGHT, ESQUIRE HCS on behalf of JOSEPH A. RICCI. ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made. then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/27/2001 HCS on behalf of JOSEPH A. RICCI, ESQUIRE Attorney for DEFEHDAlIT CC: JOSEPH A. nCCI, ESQUIU - M-208 Any questions regarding this matter, contact THE HCS GROUP DlC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (21S) 246-0900 DE02-163083 70255-CO~ . ~'~I COMMONWEALTH OF PENNSYl. VANIA . COUNTY OF CUMBERL-\...'m EDITH BEARD GEYER,EXEC.ESTATE OF CAROL J. AREEDA VS File So. 2000-789-CIVIL CARLISLE HOSPITAL & HEALTH SERVICES, ET AL SUBPOENA TO PRODUCE DOCUMTh"TS OR THI::-IGS FOR DISCOVERY PURSUA..!\"T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: DAVID BAKER, M.D. (S..me of Pl!non Of =cry) Within rwf:,::!" (.:0) d.1Ys wer ser'\'ic:e ot this subpoena. you Me ordered by the court to produce the following documents or things: C:H'H' A'l'rrArHFn at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (.~d_'l You may dein'" or m~llegi'ole copies of the documents or produce things I'ft!uesled by lhis s..'opoena. tog.th.. with th. c.rtitkol. of complianre. to the patty. mwng this requeslot the odc!nss listed above. Yo.. l\a,'e the right '0 s..k. in .d",nc..th. ,..sonoble rosl of preparing the copies or producing the things -!hI. If you fail to ;::oduce the dorumenls or things roquir.d by this subpoena. wit!un tw.nry (:!O) "ars aft.r its s.,,'ic.. .h. pany se,,'ing thU .u.po.na may seek 0 COUlt order rompelling you 10 rom ply with it. THIS St..'BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ~AME: Tn~F.'PH A ~Tr.r.T "R~n ADDRESS: 4423 N. FRONT ST. HARRISBURG. PA 17110 TEtEl'HO~:: 215-246-0900 Sl,;PRE.\fE COtJ'KT 10 ,: AnOR.-';EY FOR: DEFENDANT DATE: /)1usJ tR l., ~dd/ ~0~UW~ . ~ow~ ~tUb /I(l ~~I ~ry Seal oi the Court Sff i /97) , - ="~. ~ ~ ,-, EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. DAVID BAKER 19 BROOKWOOD AVENUE SUITE #104 CARLISLE, P A 17013 RE: 70255 CAROL J. AREEDA Any and all records, correspondence, fIles and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CAROL J. AREEDA 315 W. RIDGE ST., CARLISLE, PA 17013 Social Security #: 160-28-8638 Date of Birth: 01-20-1934 5UlO-324714 70255-L02 o ~ _,_ - "~ ~i' _~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS EDITH BEARD GEYER,EXEC.ESTATE,ET AL TERM, -VS- CASE NO: 2000-789 CIVIL CARLISLE HOSPITAL & HEALTH SERV.,ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOSEPH A. RICCI, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 09/18/2001 JOSEPH A. RICCI, ESQUIRE Attorney for DEFENDANT DEll-279768 70255-L03 t.. ~ THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendant EDITH BEARD GEYER, Executrix of the Estate of CAROL J. AREEDA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-789 CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania Non- Profit Corporation, tJd/b/a CARLISLE HOSPITAL, MEDICAL MALPRACTICE JURY TRIAL DEMANDED Defendant DEFENDANT'S PRAECIPE TO SUBSTITUTE ANNE MARIE WADE AS PLAINTIFF PURSUANT TO PA. R.C.P. 2352 TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff, by and through her counsel, pursuant to Pa. R.C.P. 2352 to show cause as to why Anne Marie Wade should not be substituted as Plaintiff in the above-referenced action. The material facts in support are as follows: 1. This action was initiated by the filing of a Writ of Summons on February 10, 2000. 2. Thereafter, Plaintiff filed her Complaint on or about April 19, 2000. 448339-1 3. In the Complaint, Plaintiff alleges negligence on behalf of Carlisle Hospital for failing to appropriately restrain Carol J. Areeda while she was a patient on February 17, 1998. Ms. Areeda allegedly fell and sustained a broken right femur. 4. On October 13, 1999, Carol J. Areeda died from reasons unrelated to her alleged injuries, as described in her Complaint. 5. Edith Beard Geyer was appointed as Executrix of Ms. Areeda's Estate and timely filed the Writ of Summons to initiate this action, as described above. 6. Edith Beard Geyer died on July 25, 2004. (A copy of Ms. Geyer's death certificate is attached hereto as Exhibit "A"). 7. In her Last Will and Testament, Carol J. Areeda appointed Anne Marie Wade to be her Executrix should Edith Beard Geyer fail to qualify or cease to serve as Executrix. (A copy of Ms. Areeda's Last Will and Testament is attached hereto as Exhibit "B"). 8. By Certificate of Grant of Letters filed August 1 0, 2006, Ann Marie Wade was appointed Administrator of the Estate of Carol J. Areeda. (A copy of the Certificate of Grant of Letters is attached hereto as Exhibit "C"). 9. In order to effectuate the settlement that has been reached in this case, finalize the Release and issue the appropriate settlement draft, Anne Marie Wade must be substituted as the Plaintiff. 1 O. It is in the best interest of the Estate of Carol J. Areeda that this substitution be made. 448339-1 11 . Plaintiff has been represented throughout this matter by Marcus A. McKnight, III, Esquire, 60 West Pomfret Street, Carlisle, PA. 12. The undersigned entered her appearance for the Defendant on December 14, 2005. Prior to that date, Defendant was represented by Joseph A. Ricci, Esquire, 4423 North Front Street, Harrisburg, PA. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: ""/, /O~ BY:C?'~~ Sarah W. Arosell, Esquire ----. 1.0.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendant 448339-1 ~)ri~in~d ...;~rtif:~:.L '. n."f.e given i", Ci_IIT"':CU\' ......::pl._,d i'r~)i11 ..~il i':r~~'" ii: b'.: r()r":\:~l;...lL,(~ u) 1.~~.~ S[~iC; :t~d i..:...:~', I:'..::"t: i lC:J.l..: . Df dt::;llh Jut y fikJ \vith me' as pernun-:nr filing. ,'i;'" . , ,;,,,:;";r':, Ul~ll Lho;: illl';..;rm~i[ipll '), '. r' . !":.. ,'~ __ _I.).. '... . ..,... L ;~~ t)l';'i~i': f...Ir WARNiNG: It is illegal to duplicate this ccpy by pnc\ostat or photograph. " ~..Io. ...~,;i'ii'i'~'''~~''';;:';;'~.:.... /;ii'~' 'i>-\.~:I uF Pt';;--~, ..i.S\....,...~41..':'~. ;t!~~,' . .!~~~\\ l~I'...J" .':-"'-'.'::::'''1 '\ ~f"" _~'?9--; .."V ...~..~,,! .~ ~.a""'-_'.~'/~~'-:i'~/ . '7-~%;.:DmI1IT \l ~~'" ~;;,.!J7 ."'/ ""~' /2 /// j\ (~1) . /~!<lL~!:T) ~~ r::c for this c:;:rtiri"::J.te. 5'2.00 Lo..:al Rcgistr:u P 106S"4919. JUl 2 5 ~ , Dure 't-, ...'ot.:4,J"-' :"7 COMMOt4WULTH OI'PeMNS'YUIIUoIlA . DEJ>,\RTNEHT OF HEAl.TH . VITAl. RECOAOS Q!RTIFlCA.TE OF DEATH ... 91 "I 'UIU.- -- :.., C .......OIOlICC"..TrI_ ~...... . Edith B. Ge-lC:: . , -24 o.-.o-OLCM~c.... ...., .. i /25/2004 AGI( ......-..-.. .......... ~ - - :::"'0 CI::Um' 01' ,'"'I. i' <:r'V! .,~~..:....:.::i . nurse ----_______.0:- 12 Sunrise Circle Connellsville PA ............. ~ ""-- ~ Wavne W. Beard ~rcr~o~ell '...~ Fayette. _.n.....-- ~-...Ll ___0 ...............tF-........ - J Etta Mae Patterson Beard .........~.....~a..._-=- 12 Sunrise Circle, Connellsville, JI\"IIlClCl'QISPQ8I'DII._"c.-...~ .~--...c.. 0........ '.. I?A 15425 PA 15237 p ;!:75';;oa ~""""'1O""""'" ex _0 a a:J1QIl..IRJ .,;;;z' .,......... '-- ----. _.......--.--.-....._ 0....._...__.......__...........-..-... ___.......... '-'-.....----..... A -rn... ... '- fi 13 \l.. \-. \..A- '1'""1 "O....J _ '1OOlAlACDCQl-=:J(Qf) .- '-- ~~...- . I __ coo. --- .. Ml, .fINlIf\ ~~T"'>"'" '. ow: 'D4J114lISAc::DGl0Ul0tCl: en. ~..... C>~ ~ .,..-...1Z-C: _'1O"'O$"CIMlQAICl( CAt "*-.. - 119-'< - - 0 -- -0 -~ - 0 c-_............ ... ...."*- ..- ....-- o _0 ... o ... C/I-.&JIIIfI....-.......-..___..- -- o FII..6.O......... a... -. ... "7-:(, & .-0 'I ; ... . L:ASTWILL 5UVV T'EST.J\:M'ENT I CAROL J. AREEDA, of the Borough of Carlisle, Cumberland County, Pennsylvania, declare this instrument to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils heretofore made by me. ONE: I direct my Executrix to pay all of my debts, funeral and administrative expenses as soon as may be done conveniently after my decease. TWO: I give, devise, and bequeath all of my estate of every nature and wherever situate, I give, devise, and bequeath to my mother, EDITH BEARD GEYER of Carlisle, Pennsylvania. If she has predeceased me, I give, devise, and bequeath all of my estate of every nature and wherever situate in equal shares to JANE ANN BROWN and TIMOTHY BROWN. THREE: I appoint EDITH BEARD GEYER, to serve as Executrix of this my Last Will. If she has predeceased me, failed to qualify, or ceased to serve as Executrix, I appoint ANNE MARIE WADE, of Jackson, New Jersey, to be the Executrix of this my Last Will. FOUR: My Executrix may, at her discretion, compromise claims, borrow money, retain property for such length of time as she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as she may deem proper; and invest estate FIVE: No Executrix, acting hereunder shall be required to post bond or enter security in this or any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this '~day of October, 1998. ~ ~ JJ:- ~..c. (SEAL) AROL (f ARE DA Signed, sealed, published and declared by CAROL J. AREEDA, the above named Testatrix, as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other have subscribed our names as witnesses hereto. >: ".'.. ,.[~' >"r,.t"'/U~;j,2,v1L1J~ 2 ""-;..~"",:.~i~;:""~X,,p"'ilYo"""~~rr-p"~ ~f'_\ 1l'Tl un lIIMliIA~Jl,I" [$ ,. HJ~)J,;~rJ,~r)~l"l ACKNO\VLEDG1\1ENT AND AFFIDAVIT WE, CAROL J. AREEDA, CHERYL L. CLELAND and SHARON L. SCIIW ALM~ the testatrix and witnesses respectively, whose names are signed to the foregoing instrumen~ being first duly sworn, do hereby declare to the undersigned authority that the testatrL' signed and executed the instrument as her Last Will, and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed. and that each of the witnesses, in the presence and hearing of the testatrix, signed the \ViII as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older. of sound mind and under no constraint or undue influence. ,~ J- c:{~-",-- OL J. ARHDA ~/~ HER L. CLELAND ~&/ZA~ c/,~~~/LLl/ 'SHARON L. SCHWALM COMMONWEALTH OF PENNSYL VANIA ss: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by CARO~HJ. AREEDAr the . '. testatrix herein and subscribed and sworn tQJlefore me by CHERYLL. CLELAND and SHARON L. SCHWALM, witnesses, this 8.!2... day of October, 1998. , Notarial Seal .. 'I Betzi A. Morrison, Notary Publ'\ ""Jr'l'd.., 80ro Cumherland COUI1,Y ve . ..t,... ~ : r:. "("1"1 . M'I C/IITll'liSe,ior: Explrc.f. Dec. 1.1. ~..,,,() L_.____ " j 'rt~:-:;::-' li}!l:I!I!;ull ;'~q~llfoylv'l!ll(j f.\:.:.:iOC1,ldO!l n I u, I:~'~' REGISTER OF WILLS CUMBERLAND County, Pennsylvania No. 1999- 01060 PA No. 21... 99- 1060 Es ta te Of: CAROL J AREEDA (Fitsr. Middle. Last) Late Of: CARLISLE BOROUGH CUMBERLAND COUNTY Deceased Social Securi ty No: 160-28-8638 WHEREAS, on the 10th day of August 2006 an instrument dated October 19th 1998 was admitted to probate as the last will of CAROL J AREEDA (First. Middle. Last) la te Of CARLISLE BOROUGH, CUMBERLAND County, who died Ion the 13th day of October 1999 and, " WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA FARNER STRASBAUGH , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters of ADMINISTRA TION D.8.N.C. T.A. to; ANNE MARIE WADE who has duly qualified as ADMINISTRATOR(RIX) D.B.N.C. T.A. and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 10th day of August 2006. jkdlL~~ ~~.. eputy **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) ~. - ~_. ,;-.: '..\>;':;)A;;ll&":K,~;~~1~.:~jl ~~i.~~~ti#'~l'i"":,*i;,;:r: CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the -.i.. day of ~.....hPl ,2006: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: ~hL~ arah W. Arosell, Esquire ----- 448339-1 D ~ "'-.) ..,:::;:.;J L::::' (J...... o t1 :r-,-, n1 -'-' roO -u rn :OCl ;,~"") (l. .' j -) ~.~i ~q ;SIT1 ~..:i p ::0 -< (/) P"' -.0 I -....J ;?: r- '0 W THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendant EDITH BEARD GEYER, Executrix of the Estate of CAROL J. AREEDA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-789 CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania Non-Profit Corporation, tld/b/a CARLISLE HOSPITAL, MEDICAL MALPRACTICE JURY TRIAL DEMANDED Defendant RULE TO SHOW CAUSE TO: Anne Marie Wade, Successor Plaintiff and Marcus A. McKnight, III, Esquire, Plaintiff's counsel 60 West Pomfret Street Carlisle, PA 17013 You are hereby directed to show cause as to why Defendant's Praecipe to Substitute Anne Marie Wade as Plaintiff Pursuant to Pa. R.C.P. 2352 should not be granted and Anne Marie Wade substituted as Plaintiff in the above-referenced case. This Rule is returnable within FIFTEEN (15) days from service of a copy of the Rule. DATE: O~ I~, .2-()-(JL Protf:~f1#1 . - ~.~ )O-/:t.,~(J(.. "'"). t;:-" /~iJ-0 ~ "i J. . THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendant EDITH BEARD GEYER, Executrix of the Estate of CAROL J. AREEDA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-789 CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania Non-Profit Corporation, tld/b/a CARLISLE HOSPITAL, MEDICAL MALPRACTICE JURY TRIAL DEMANDED Defendant MOTION OF DEFENDANT CARLISLE HOSPITAL and HEALTH SERVICES. a Pennsvlvania Non-Profit Corporation. tJd/b/a CARLISLE HOSPITAL FOR ORDER TO MAKE RULE ABSOLUTE WITH REGARD TO RULE TO SHOW CAUSE SERVED ON OCTOBER 13. 2006 1. On September 7, 2006, Defendant filed a Praecipe to Substitute Anne Marie Wade as Plaintiff Pursuant to Pa. R.C.P. 2352. 2. On October 12, 2006, this Court entered a Rule to Show Cause as to why Defendant's Praecipe to Substitute Anne Marie Wade as Plaintiff Pursuant to Pa. R.C.P. 2352 should not be granted and Anne Marie Wade substituted as Plaintiff in the above-referenced case. 3. On October 13, 2006, the Rule to Show Cause was served on Plaintiff's counsel by defense counsel via faxed correspondence. (A copy of the October 13, 2006 correspondence is attached hereto as Exhibit "A"). 4. A response to the Rule to Show Cause was due on or before October 30,2006. ... 5. At the time of the preparation of this Motion to Make Rule Absolute, defense counsel has not received any filing from Plaintiff's counsel in response to the Rule to Show Cause. 6. Defendant now moves this Honorable Court for an Order granting the relief requested in Defendant's Praecipe to Substitute Anne Marie Wade as Plaintiff Pursuant to Pa. R.C.P. 2352. WHEREFORE, it is respectfully requested that this Honorable Court grant Defendant's Praecipe to Substitute Anne Marie Wade as a Plaintiff Pursuant to Pa. R.C.P. 2352 and enter an Order in the form proposed. Respectfully submitted, THOMAS, THOMAS, & HAFER, LLP ~~r~0~ I.D.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendant DATE: IO/~I/O" ... . Exhlbi+ A 'M ':J'd %Oe S3/ti3S 00006 40 A TTORNEYS AT LAW ~ THOMAS, THOMAS & HAFER LLP www.tthlaw.com Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 Sarah W Arosell (717) 255-7231 sarosell@tthlaw.com October 13,2006 VIA FACSIMILE 249-6354 Marcus A. McKnight, III, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013-3222 RE: Areeda v. Carlisle HosDital Cumberland County C.C.P. No. 2000-789 Dear Mr. McKnight: Please allow this to act as service of the attached Rule To Show Cause in response to Defendant's Praecipe to Substitute Anne Marie Wade as Plaintiff Pursuant to Pa. R.C.P. 2352. You should also receive a copy of the Rule directly from the Prothonotary. As directed, the Rule is returnable on or before October 30, 2006. Very truly yours, THOMAS, THOMAS & HAFER, LLP By: Sarah W. Arosell SWAlgmc Attachment Bethlehem Office · 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 · Phone: (610) 868-1675 · Fax: (610) 868-1702 Pittsburgh Office · 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 · Phone: (412) 697-7403 · Fax: (412) 697-7407 CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the ~~ day of Oclo.1ut ,2006: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP BY:_~r~e~ c) c~;~ r---.:> C:) c:;-) CY" ~ ~-n rn-- c::. "'01'.' - C] ;=j~> ,_ c'f '~~2 Z~) '"':~;: t ~ri , , .~ -to. ,cD :.<. ::1':= (....:~t c:.;.-; I N -- C:~l . -..... NOV 0 S 2006 flJl ^/ EDITH BEARD GEYER, Executrix of the Estate of CAROL J. AREEDA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-789 CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania Non-Profit Corporation, tld/b/a CARLISLE HOSPITAL, MEDICAL MALPRACTICE JURY TRIAL DEMANDED Defendant ORDER AND NOW, this -?ltday of N ov . ,2006, upon consideration of Defendant's Motion for Order to Make Rule Absolute with Regard to the October 12, 2006 Rule to Show Cause served on October 13, 2006, and Plaintiff's failure to timely respond to the Rule, an Order is entered as follows: IT IS HEREBY ORDERED that Anne Marie Wade, as Administratrix D.B.N.C.T.A. of the Estate of Carol J. Areeda, shall be substituted as Plaintiff in this case and hereinafter have the authority to effectuate t: 1ttlement that has been reached with Defendant and file the necessary documents to conclude and discontinue this case. The Prothonotary is hereby directed to amend the case caption pursuant to this Order. BY THE COURT: J. /1- 7-cJ0 C~ ~ ),.J S'. 9 Z :01 WI! L - i\m4 900l ANNE MARIE WADE as Administratrix D.B.N.C.T.A. of the ESTATE OF CAROL J. AREEDA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-789 v. MEDICAL MALPRACTICE CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania Non- Profit Corporation, tJdlbla CARLISLE HOSPITAL, JURY TRIAL DEMANDED Defendant PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, satisfied and discontinued with prejudice. Respectfully submitted, IRWIN & MCKNIGHT DATE: il/21/0tp "\" 462472-1 o c <': t:.' 0-:,- rnr;,: ~i~:;:' ~>..' r.~ ...,::: ~~:: :;?.: :;.! ,...;) c:::::l (:) d"'" Z <::) -< N \.0 -U ::r; ~ ~.fQ ""0 ~. :n 0:::> ---i..,-. QI. :n zOrn o -i ~ N .. c.n .. ,,-,;{' - ,_,J "I COMM:ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS EDITH BEARD GEYER,EXEC.ESTATE,ET AL TERM, -VS- CASE NO: 2000-789 CIVIL CARLISLE HOSPITAL & HEALTH SERV.,ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUHENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DAVID C. BEIl.TSCH. HD DR. DAVID BAKER J. EDWARD DAGEN, M.D. MEDICAL MEDICAL MEDICAL TO: MARCUS MCKHJ[GHT, ESQUIRE MCS on behalf of JOSEPH A. RICCI, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in ,which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/27/2001 MCS on behalf of JOSEPH A. RICCI. ESQUIRE Attorney for DEPEHDAII'l' CC: JOSEPH A. RICCI, ESQUIRE - M-208 Any questions regarding this matter, contact TIlE MCS GROUP DlC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-163083 70255-CO:L ~. " - " " COMMONWEALTH OF PENNSYlVANIA . COUNTY OF CUMBERL-\..'iD EDITH BEARD GEYER,EXEC.ESTATE OF CAROL J. AREEDA VS File No. 2000-789-CIVIL CARLISLE HOSPITAL & HEALTH SERVICES, ET AL SUBPOENA TO PRODUCE DOCUMe,,.S OR THI::-.IGS FOR DISCOVERY PURSUA.I\,. TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: J. EDWARD DAGEN,M.D. (S.ame of P~rson ot E:uicy) Within l'We~' IW) day. oit... s.n'i,. of this subpoeN. you u. ordered by the.....rt to prod....th. fallowing da,..ments or things: C;;:H'li' Ii '1"1' A rHli'n it MCS GROUP INC., 1601 MARKET ST., #800, PHlLA.,PA 19103 I Add,...1 You may dein'" or mail I.gible ,opies of the dO(\lments or prod..,e tl\inp ~"ested by this s..bpoena. tag.th.r with the ,.rtifiute a: ,ampliall,e. to the puty mUing this r.questat,the address 1istecl..bove. You IuInthe right to seek. in id\'aIl'.. the ,....an..bl. ,ost of preparing the 'apies or produdng the thinp _ght. If you fail to ;>:adu,e the da,um.nts or things requir.d by this .ubpoe..... wit1-.in twenty (:0) d.~'s after its sen'i.., the pany ..n'ing thiJ s".po.na may seek a ,curt order ,ompelling yo.. to ,om ply with i:. THIS St"BPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: SAME: TO!=:F.'PH A. RTrr.T. F.~O. ""'0 DRESS: 4423 N. FRONT ST. HARRISBURG. PA 17110 TELEPHONE: 215-246-0900 SUPREME COURT 10 I: :\TTOR.'OEY FOR: DEFElWANT DATE: ~'7IiSJ 2~ JdO! B~~fl~lA 4A~ ~//L> //(( * , Oe,ury Seal of the Court (SfI. i /97) -,~ .""' ~'" ,-'- '" ,'""0,, EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: J. EDWARD DAGEN, M.D. 9 BROOKWOOD AVENUE CARLISLE, P A 17013 RE: 70255 CAROL J. AREEDA Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CAROL J. AREEDA 315 W. RIDGE ST., CARLISLE, PA 17013 Social Security #: 160-28-8638 Date of Birth: 01-20-1934 8U10-324716 70255-L03 JI!liI'''''''''' "" . """"'- ~-~'ji!!MiAiM ~~~'~... ~............,. '" . ......;~' "! 0 -., c> ",. c - "11 ?::: en "'"Ou.:: ", \'1l r"-' "OJ ," -, :..lJ ,-, 7-..) ,,/,' (7_'-:;S -< :.:.:, c ~ ~" #~ " -p..C' ::...., t;:::~ :z ) rn _0 >;. ,'-, )?>'.-'-. ..-", ~- ~' Z ? ~ ::? '" ~ ~.---".....,._.~, ,~ I .' ~-"-;,'i ,I I 'I I ii II i i " 1 In The Court of Common Pleas of Cumberland County, Pennsylvania FileNo. 2000-00789 GEYER EDITH BEARD ET AL vs CARLISLE HOSPITAL AND HEALTH S STATEMENT OF INTENTION TO PROCEED To the Court: EDITH BGEYllR ET AI. intends to proceed with the above captioned matter. Date: OCTOBER 25. 2004 Et a1. IRWIN & McK 60 WEST POMFRET STREET CARLISLE PA 17013 iI'-~"~ "~,.....i._,"",~_ ...."'\Wi ~,~ ~"~,~ F"" ,=" ' ",""'_l~_" "" JiJ. Lkil-"- w \,'"",, ~ " ,L.,w-_ , (") :~C; :;,;",,, r"" ...-::: "~"'l -< ,;";,",,"',.,, ,....", "', = c::) .r- o ~T'j ::r! rrl:n r- -om -:,oC.1 2~:) ~"t;::-H ~(') (51"11 .,",~f 'J> ~D ~,< c::> C) --I ", U1 :3? __;b ':,' <.0 . -'-- -'"---" "n,' :' ,,', .,_ ',-.', ,__,'" ,_ ;, ,_~,___ 0 '" - _, " -,-,,-,','.' t-- -~ ~ \ THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 P.O. Box 999 Harrisburg, PA 17108-0999 717/255"7231 Attorneys for Defendants EDITH BEARD GEYER, Executrix of the Estate of CAROL J. AREEDA. Plaintiff v. CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania NOn-Profit Corporation, t/d/b/a CARLISLE HOSPITAL, Defendants -~" _, .,0, ' '-,-,'>..;;d.2d'J._,_ _", '_,: ,~.-",,,'" O:"'-',i:'~I~j~~ >^ ,-'.-~ ,-~Fd, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-789 MEDICAL MALPRACTICE JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants in the above matter. Date: /2/-'jQ;;-- 396405-1 THOMAS, THOMAS & HAFER, LLP BY:C?~~ Sarah W. Arosell, Esquire 1.0.#58797 305 North FrOnt Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendants L--, - ru',',. 'f_' '",__;',,,_<" ;, . .' - _ :,' ~." r,"~ -"!_":,,;,3','l;,'~' ",.".i',,'Z_'_'~' ~~: '-,"_ ';:';;;-;:-ri~': ,;;~ ;,:, C':T',Dj,,<,-,f, ;--~I;;;".- "i-".'';i''-''" . '''''' 4 .- , ~I i . CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct copy of the foregoing document On the following person by placing same in the United States mail, postage prepaid, On the 13 day of .::::b ~ . , 2005: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: (2'~JJa~ Sarah W. Arosell, Esquire 396405-1 .' 0 "" r- = 0 ~, c:) :;:..,~ CJ'1 -n ,--, CJ ~ r..., ::;:! n ni ::!J ,- '~c:m .f:- ;.r;~ l? ::0 ;B~~ -'-'0- ~)t) CO .-:::"" 0,) OiTl =< ;-1 3--'" ::0 .%~~ -< , .-=" , , " C','-'_. " oo;,';-,,;"';,,~_, " , , ',-,'-J " .0.., --.;'-:;'1..;;;.,:-'-', '--' '" EDITH BEARD GEYER, Executrix of the : Estate of CAROL J. AREEDA, Plaintiff v. CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania Non-Profit Corporation t/aJdfb/a CARLISLE HOSPITAL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. DOCKET NO. 2000-789 Civil JURY TRIAL DEMAND PRAECIPE FOR WITHDRAWAL OF APPEARANCE Kindly withdraw my appearance as counsel for Defendants, Carlisle Hospital and Health Services, in the above captioned matter. DATED:f.~/O J' Respectfully submitted, FARRELL & RICCI, P.C. Joseph A. Rl . Attorney J.D. 4423 North Fr t Street Harri , A 17110 (717) 230-9201 ,--, ;-';~,,'"- ~" ""-, -',,,,,,,- , ",,--' - ."''"' ,', f,~,"-' -"~-,-" AND NOW, this ;X; - - "~"-.' --~,<:",:--"-",,~. ;~"'-,,,-- "-"~"- ~""'..-'- CERTIFICATE OF SERVICE day of December, 2005, I hereby certify that I served a true and correct copy of the foregoing document upon all counsel of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, P A 17013 Sarah Arosell, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17102 FARRELL & RICCI, P.C. ,,: -"-'-~-( ':j )i 'I I II II r. Ii il " I' II I' II Ii ! ! , I , ,oil'. i '" . ~'''''". .' , . "",, . ~-. "- ~' , ," ",,"""" """~,_,,_h~, ~', ".' '. ,,,'"~"'"'''~'' " ',.,"'" " ,"" ' " "", , (") '" 0 = C = 'Tl ~ "" rRlJJ Cl :t -7 Li::; rrl 'm:n ~-, n r- Z5 N -om ~.c' -.J 56 r.::c -{~ )>r- -0 -L-H ~i-~; :J:: 0- '7'0 )>'- ~m C w ~ Z ':J> -< 0 :0 -< 0 -< " "~".,.-,""',,"_,".--,- ,. ,,-..- - ','0,'" "'''~_~ ;:- -," .- '-.' _ "_""_ - , ,:,,- ,-,C.",.- ;", '~-'-~":;"~';_"-",o'-_ ''-' '._ ~ ..... "r. '-'''':'.'J.." _'J'::,.-,.,I,_~,.-'.,:;,-:, -, /_ , - THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attorneys for Defendant EDITH BEARD GEYER, Executrix of the Estate of CAROL J. AREEDA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-789 CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania Non- Profit Corporation, tJd/b/a CARLISLE HOSPITAL, MEDICAL MALPRACTICE JURY TRIAL DEMANDED Defendant DEFENDANT'S PRAECIPE TO SUBSTITUTE ANNE MARIE WADE AS PLAINTIFF PURSUANT TO PA. R.C.P. 2352 TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff, by and through her counsel, pursuant to Pa. R.C.P. 2352 to show cause as to why Anne Marie Wade should not be substituted as Plaintiff in the above-referenced action. The material facts in support are as follows: 1. This action was initiated by the filing of a Writ of Summons on February 10,2000. 2. Thereafter, Plaintiff filed her Complaint on or about April 19, 2000. 448339-1 " ~,',' h- ,,',<.!. .-_ __, _~" , ""~ " ," ~..... _, _.;;!: .;;,. _",__ ,~,:~I._,_ ,u ~"" ~_' ,__-;1 -~. -"-~I 3. In the Complaint, Plaintiff alleges negligence on behalf of Carlisle Hospital for failing to appropriately restrain Carol J. Areeda while she was a patient on February 17,1998. Ms. Areeda allegedly fell and sustained a broken right femur. 4. On October 13,1999, Carol J. Areeda died from reasons unrelated to her alleged injuries, as described in her Complaint. 5. Edith Beard Geyer was appointed as Executrix of Ms. Areeda's Estate and timely filed the Writ of Summons to initiate this action, as described above. 6. Edith Beard Geyer died on July 25, 2004. (A copy of Ms. Geyer's death certificate is attached hereto as Exhibit "A"). 7. In her Last Will and Testament, Carol J. Areeda appointed Anne Marie Wade to be her Executrix should Edith Beard Geyer fail to qualify or cease to serve as Executrix. (A copy of Ms. Areeda's Last Will and Testament is attached hereto as Exhibit "B"). 8. By Certificate of Grant of Letters filed August 1 0, 2006, Ann Marie Wade was appointed Administrator of the Estate of Carol J. Areeda. (A copy of the Certificate of Grant of Letters is attached hereto as Exhibit "C"). 9. In order to effectuate the settlement that has been reached in this case, finalize the Release and issue the appropriate settlement draft, Anne Marie Wade must be substituted as the Plaintiff. 1 O. It is in the best interest of the Estate of Carol J. Areeda that this substitution be made. 448339-1 "".r.._-.' -.-, --~ i _~~_"_ ~ ..' ,~,;, -~'-'"~'. --~ -~",,,..,, _._-,,~,"'<'~ - .:'':_ "'" ,-,;,,__.- H :.~ ~>I -~,'>~;' --'::---- '" ,,':',;,H~,;i I I 11. Plaintiff has been represented throughout this matter by Marcus A. McKnight, III, Esquire, 60 West Pomfret Street, Carlisle, PAc 12. The undersigned entered her appearance for the Defendant on December 14,2005. Prior to that date, Defendant was represented by Joseph A. Ricci, Esquire, 4423 North Front Street, Harrisburg, PA. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: '7/{,/01. BY:C?'~~ Sarah W. Arosell, Esquire --, I.D.#58797 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7231 Attorneys for Defendant 448339-1 " - ")," "1"-.:-'" ;",... Ti-:-.: t!l~,H the IJ1JurnLiClun .., .... ;)f1(tn~U ....:~rtlill.:a " n"'\~ ~i\;':n i:.., ci!n...:ul} ,-''-,pl<.':l..1 i'rtJill _'il '\J ::;i.' ii~ 0.,: rCi'-~;.'-~I(,J;:(.; li.\ :.;:..: S[~l("; .. ,~:..:; i':...',-". . .,wuiicCllc Df ck"lh duiy filed with m.e"as _ ~jrfi..:'.; fur pl::rmal1l:;nr filing. ,il" ,'.\; '-I"i':, WARNING: It is illegal to duplicate this copy by phc',ostat or photograph. P 106:;"4319 ~ii;i,;;J1~''':;'':;;:'':;;;;';:- ,~ill( \.\.,'~ uFP,t'r:.~' ,\i/$,.':-~'~'"<~~/-~. 11'~~\~i '~''':''~2~~'1 "\~;~~~~ ':~.~ilJ '.~.:r..9-.,._/.-~~// . , ....,;.?I7EIIT~'<~,#' ~ ,/j /f/ ,\ 0ft1J, /.ttlg-t~,1' ($u.h--t- r,='C for thi::; (;,~rtifil.;;j,(e. S'2.00 ...... - ~_._-- "'~----I nurse ... US ~-.c~~~_..-c... 12 Sunrise Circle ~Connellsville PA ~.........,....,.-'- ~ Wavne w. Beard ~ic!"~o.ell "'~..u_~7 ~ :"l . -...(Ol'OEa:O€"T~... ___~_ " Edith B. G.yer ..0;..__ --...- - - 91 - ca.-rrOl'DIOoG'to /'1,. ,:!-V! ~:z.yettc: LOL:~I Rc:gistrar JUL 2 6 ~ , >'[0. Dare "t~.: COWWONwEAlTH OFf'EMllSYUlIUUA" OI!P1l.RThlENT OF HE..U.TH. VITAL RECORDS CSl1'lFlCA1'E OF DEATH F rw'--u!~ SEO.oN1"r_ Oo1JEOF~"_c...._ 183 -24 3454 < 7/25/2004 "-"Cir7-oeMt.o.....________ _~Gor_ ......__c..-. """";R..,.., -~- 't:"~ PA _0 " ~~_--.._--_. ~ -.... ::"0 ~ Springlicld Twp. Eicher', F:u:ciIy Home -..s1)ll;oQE' aEA" u.:r;.,_OI"QlllCESt _0 '-.Gl -- ."--- """.......- '11 l!"Z1 ~:n.on.os'-'" --- ~. -. 4 f1"'_~~1 widowed 1~""_ field - PA ... - -- - _.l"'"l"-- 'HL..I~_ Favette. ,~~ t€fr.S_"'-_' 6 ~' Etta Mae Patterson Beard ___~-.~____c- 12 Sunrise Circle, Conne11.vi11e, PA 15425 OVQ;CP~._"~'"'- .~-. c- c.._ -, ,. - , ... ----= J:~F~ liooZlc.lasS~Sueets.:.omblc.P.-\.156SJ, ........- - -- --~...."..... _XXc:.--.O ___0 _ 0...- - Christ Our Redeemer Picc.burgh, PA 15137 - ---...----- ... - ~I.~....ano:c:iu ~ t;O.~4 .:;t ...~ ,N3S P., -;~~~()()4- u__.. ~________;)oo____...____...___..,__ ~----_. -- ~'" ""'" ......., _0 A~A'- fi 92.1 '-1.-.-4.,-, 0,...) QU('GlOII4"'O>c$(.ouo.::EOfl .- '-- l-- , : -~ - -............- -- ._, ~,........,...,A,- '. t.-o-~ co"" ~~ l ~ lIlElOCDI.o.s...QClIoc$EQI.IOa%Of'l 1llIl!:"1O'lOR.fS...(;QdtQl..lEtc;;l:OI"): 1lI0000E,,0tK ~~ -- T....e:Of'-.n' R~ -~- - - ~ o o 01'__........_____ -....... o o o - -- __ 0 _0 ., ~!:IC "'- c-___ ~ - _.0.-........_ ~-:::::::::.-=.~:::___:._===__.,..,....__~~:::_.~................_..... 0 -. -- ..-~"04- 4-1- 'C......,a.o-~~___--_._- ~---....._-_..--_.-_.-_...._--_.._. o --(F--<lo:-.ETm~~D rnT__ . .... ~"""';';"-T~ /"f ; ~1.~ .7.~S' . Q/" I?"..;..).e (/f ~ ..,t......./{~'" ,II/]- /S"J.d! ~-'~ ~~ 1: EIlI ~~"::"'~~.~~~:-;~~~ "';;r"/,"':'":":"~::":':'~~~~~'~ ~ ~ :;; ~ EXHIBIT A- o ~ :1d PU.O_ ....-. ~ - -2,b-o'1 . , , ,-'-';"-..J. ,'~;., I -;0,; i - , , , I L:A5TWILL.Jt:N'JJ T'EST:A:M'ENr I CAROL J. AREEDA, of the Borough of Carlisle, Cumberland County, Pennsylvania, declare this instrument to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils heretofore made by me. ONE: I direct my Executrix to pay all of my debts, funeral and administrative expenses as soon as may be done conveniently after my decease. TWO: I give, devise, and bequeath all of my estate of every nature and wherever situate, I give, devise, and bequeath to my mother, EDITH BEARD GEYER of Carlisle, Pennsylvania. If she has predeceased me, I give, devise, and bequeath all of my estate of every nature and wherever situate in equal shares to JANE ANN BROWN and TIMOTHY BROWN. THREE: I appoint EDITH BEARD GEYER, to serve as Executrix of this my Last Will. If she has predeceased me, failed to qualify, or ceased to serve as Executrix, I appoint ANNE MARIE WADE, of Jackson, New Jersey, to be the Executrix of this my Last Will. FOUR: My Executrix may, at her discretion, compromise claims, borrow money, retain property for such length of time as she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as she may deem proper; and invest estate /'''' lillffT' , , B -',,- I _ ~'_~ FIVE: No Executrix, acting hereunder shall be required to post bond or enter security in this or any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this I~day of October, 1998. ~~ ~~~~ (SEAL) AROL rf ARE DA Signed, sealed, published and declared by CAROL J. AREEDA, the above named Testatrix, as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other have subscribed our names as witnesses hereto. .':,' ,,' :-,'T- ->,,- 'yu~!X!:IJ?vfL/'JL/ / 2 -., I ~ --;,' ,I --""""-"""~""~":'_;t",-",i''''''''''''~>m-.-.:",.......:..",...<",""",,~ ~W'f,dl]lJ:i-"JJ. :. Jj,l; .;,-,: .1:_ ;:~!C~-~:.cl!l-('~T ,~~, ,,' ); ACKNOWLEDGMENT AND AFFIDAVIT WE, CAROL J. AREEDA, CHERYL L. CLELAND and SHARON L. SCHWALM. the testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her Last Will, and that she had signed willingly. and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older. of sound mind and under no constraint or undue influence. ~~ J- ?(~~'- ROLJ.~~ ~LELAND ~~:':'dclX- c/,~..I.w/JLt/ 'SHARON L. SCHWALM COMMONWEALTH OF PENNSYL VANIA SS: COUNTY OF CUMBERLAND Subscribed sworn to and acknowledged before me bYCAROLJ.AREE~~th: testatrix herein ar:d subscribed and sworn tQ .laefore me by CHERYLL. CLELA an SHARON L. SCHWALM, witnesses, this BE day of October, 1998. gp~fiJJMlloQ Notary Public , , I ~ I I NDtana ~ea .. \ Betli A. Morrison. Notary Pl~bllS CarB;;!i), ~10.ro. ~uml~eil?ll~ C~U!~I~I)O . !vi'! (;()t1lrliSGlor: !:.xplr,~s Dev. b, J, , l.i;jjC;;~!;';~~~:;~'~YIVI\II!<l !-\;:,:-;llCI,11Hlll (1j rJatJ;';i~S .', '."c. \~/::. "\~'~~-~",'.'.~~,'~~~.::_~i'!:~.:~l~::;'?>'-:~ ,'t'-'~~ REGISTER OF WILLS CUMBERLAND County. Pennsylvania '~.\ . '::~' ',i:::~~'~.::::. ',-~~?~'g/:~~=~.~'~~~.:'.7~;~;~~.~T~~:.'~~~'~~~~~:;~~:-.::~~~~~~~i~~~~: . CERTIFICA. .:; OF GRANT OF LETTER No. 1999- 01060 ]?A No. 27- 99- 7060 Estate Of: CAROL J AREEDA IFirst. Middle, last) Late Of: CARLISLE BOROUGH CUMBERLAND COUNTY Deceased Social Securi ty No: 760-28-8638 WHEREAS, on the 10th day of August 2006 an instrument dated October l'9th 1998 was admitl;ed to probateas the l.ast will of CAROL J AREEDA (First. Middle. Last) la te_ of : G..ARLlSLEBOROUGH, CUMBERLAND County, who died ,on the 13th day of Ocf.6ber 1999 _and, ,. WHEREAS, a true copy of the will as probated is a~nexed hereto. THEREFORE, I, GLENDA FARNER STRASSAUGH , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify t'hat I have this day granted Letters of ADMINISTRA TlON D.B.N.C. T.A. to: ANNE MARIE WADE who has duly qualified as ADMINlSTRA TOR(RIXj D.S.N.C. T.A. and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 10th day of August 2006. 1101\da'~4IM {~> ~ eg,sterot ils . h~ If eputV EXHIBIT Ie * *NOTE* * ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) f" .,'- ,;";.-':,-,;;.J;~~;;>~:~,o~~>>m""~"",,.-:.:.r'" . - -.' r -,_ ;,., _'~""F"_ 'i',>-,"" :''-^''_';'''~ -----',,,-:, ~-..:,;._""">--T'-; ',,,,__.1:.,;_ '':~,,-..-,_ '~-""r'J-'- !" ! CERTIFICATE OF SERVICE I, Sarah W. Arosell, Esquire, hereby certify that I have served a true and correct I>; L:: t: i:,,: ~~~ copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the ~ day of ~1..,...tJ/A , 2006: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 By: ~:' , fi F r; [i: !.: I i,i I" ! THOMAS, THOMAS & HAFER, LLP i,: j' 448339-1 iii' <,- "",~'C'''''''''' '",'~,,''', '., _'-""'-",,'i'-- _. n....'._ n'">,,, ",', , ,,>>,' ~~2 '" \:;':'.::) 0 ~:-_~ fJ.... -1'1 ~, , (/) ::;:J f'. , _L nl~ "0 -om i, I ;1~; -.J "D "T' 'I CJ '" " -.. c"5 " , q 111 .1.- -", b! .:.--:] 0 :0 .-< w -< ~ - ~. ,-- < m ._ ; J~- "" ',. -J-,;;.;;:-, k.;\" '.~'"'-': - _",-:' .- " _. " , .- ~.J_.. ,,' '" -,C" "'_~',' ..-."_.....--_, _. :','-,,'_,..,...- -~-'-,_,_ '"C'- ,. 'J" "..;,;.;", ;_.,. >-,-~-~,.',,:;,',j,_-.--:,-.::.;. "_'-'_".'_,1 '.'-( ~', -, -, _ , :_,l,.iuj THOMAS, THOMAS & HAFER, LLP Sarah W. Arosell, Esquire Identification Number: 58797 P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7231 Attomeys for Defendant EDITH BEARD GEYER, Executrix of the Estate of CAROL J. AREEDA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-789 CARLISLE HOSPITAL and HEALTH SERVICES, a Pennsylvania Non-Profit Corporation, tld/b/a CARLISLE HOSPITAL, MEDICAL MALPRACTICE JURY TRIAL DEMANDED Defendant RULE TO SHOW CAUSE TO: Anne Marie Wade, Successor Plaintiff and Marcus A. McKnight, III, Esquire, Plaintiffs counsel 60 West Pomfret Street Carlisle, PA 17013 You are hereby directed to show cause as to why Defendant's Praecipe to Substitute Anne Marie Wade as Plaintiff Pursuant to Pa. R.C.P. 2352 should not be granted and Anne Marie Wade substituted as Plaintiff in the above-referenced case. This Rule is returnable within FIFTEEN (15) days from service of a copy of the Rule. DATE: <J~ I;)"~ .2.()-O~ i!vA~ Proth6notary , ~/ 1:iL* 'I,. ,'.---~' - ~ ,1J1,1~ JOJY()~ 7h). -fM." /t!.~t:J..-- (;. ,~.~ C).-. ,.,." ,- - ~""~~ . ".. ,c;..',......,..".."."'.."..,. ti\ > . '.,,,,'.' . I I .