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HomeMy WebLinkAbout00-01402 , IN THE COURT OF COMMON GSRALD RICHARD LEYRER, JR. 1337 CHERRY STREET POTTSTOWN, Pa. 19464 v. PLAINTIFFS AND ADDRESS:E;S PLEAS OF CUMBERLAND COUNTY Number ~OCO- J'fD;).. ~Ter(Y\ CIVIL ACTION - LAW JURY TRIAL DEMANDED : LARRY LIDGETT, R.N. SCI ROCKVIEW RT 26 BELLEFONTE, PA 16823 ROBERT MYlmS seI ROCKVIEW RT 26 BELLEFONTE, PA 16823 WEXFORD HEALTH SOURCES, Inc. GREENTREE COMMONS, SUITE 205 381 MANSFIELD AVENUE PITTSBURGH, PA 15220 JOHN SYMONS, M. D. SCI ROCKVIEW RT 26 BELLEFONTE, PA 16823 BRYAN PEREIRA. M.D. GREENTREE COMMONS, SUITE 205 381 MANSFIELD AVENUE PITTSBURGH, PA 15220 COMMONWEALTH OF PENNSYLVANIA DEPARTMJnfl' OF CORRECTIONS P.O. BOX 598 2520 LISBURN ROAD CAMP HILL, PA 17001-0598 DEFENDANTS AND ADDRESSES . . . . . . : . . : : . . . . : : . . : PRAECIPE FOR WRIT(S) OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writes) Writ{s) of ( ) Attorney of sUl1ll1lons in summons shall (x) Sheriff THE LAW OFFICES OF SPERO T. LAPPAS, ESQUIRE 205 State Street P.O. Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 ATTORNEY FOR THE PLAINTIFFS the above-captioned action. be issued and forwarded to ~;;a~ SIGNATURE OF ATTORNEY Pa. Supreme ct. 10 No. 65178 DATE: MARCH ji) , 2000 ~~ ~ " " "~ ..""",,,,",~," ." """"" ~':!""" "_4,~/lf/li_l!ffl"'"'CW1q,~,f!l!",..-._, ['_'~"!" 1l.T~ () <:) ~ ~ 0 "Urn :JI: ::::l mrn """ :z: :rj :;;0 i'~h:D :Z:S;: r- GO 0 "5! ~C5 =.~~ . u{l )> -0 ::Efi :z:0 ~ c,"71 5>0 ~ -;,.....C) c: Of11 :z: ~ =< W 0 -< , 1~~~!fi'iI)~~~," ............ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Number CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS AND ADDRESSES LARRY LIDGETT, R.N. SCI ROCKVIEW . RT 26 . BELLEFONTE, PA 16823 ROBERT HYERS v. SCI ROCKVIEW RT 26 : BELLEFONTE, PA 16823 WEXFORD HEALTH SOURCES, INC. GREENTREE COMMONS, SUITE 205 . 381 MANSFIELD AVENUE . PITTSBURGH, PA 15220 . JOHN SYMONS, M.D. . . SCI ROCKVIEW . RT 26 BELLEFONTE, PA 16823 . l3RYAN PEREIRA, M.D. . . GREENTREE COMMONS, SUITE 205 . 381 MANSFIELD AVENUE : PITTSBURGH, PA 15220 : COMMONWEALTH OF PENNSYLVANIA . DEPARTMEN'I' OF CORRECTIONS . . P.O. BOX 598 . . 2520 LISBURN ROAD . : CAMP HILL, PA 17001-0598 : . DEFENDANTS AND ADDRESSES . GERALD RICHARD LEYRER, JR. 1337 CHERRY STREET POTTSTOWN, Pa. 19464 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ."'ION AGAINST YOU. ~. ~ PROTHONOTARY~ DATE: --3'~oo by ~~ ~{v\Qr\{\cJ)t;: Deputy THE LAW OFFICES OF SPERO T. LAPPAS BY: ANN E. ARIANO, ESQUIRE 205 STATE STREET HARRISBURG, PA 17108 PA SUPREME CT. ID. #65178 ATTORNEYS FOR THE PLAINTIFF ". I~ - ~ !to~ ... ~ ~ ..., - '~"- ." ~"- "' '- ~- ~ " "I', _ ,,~~_ ~,_ .~,'_~, . 'Wd.- - K C) C) d c C) ~ is: " f# ;:go:; :::;:: .-1 "'" .y. zrr; ::0 ff1~ :D .!:. .Zl;:: -Dm -0 (f) .. Cl ":>'1 ~ .~ a 01 ~6 9,0 - ~ -0 '...,..,-,. 01 ()l zQ ;;x . Q,-r{ 5>0 .0 +:. -0 0 c: ~ c5m ...J Z ~ 11- :< w Cl -<; j lI'lI!f!"l"l"Jl""_!i!llIm,~til!;~,_ _UIJ"!tl ~...,..-'~-!llllll ~,~,__~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-01402 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEYRBR GERALD RICHARD JR VS LIDGBTT LARRY RN ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS the DEFENDANT , at 0015:11 HOURS, on the 15th day of March , 2000 at 50 UTLEY DRIVE CAMP HILL, PA 17001-0598 by handing to JENNIFER SCHADE (CLERK TYPIST II) 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 7.44 .00 10.00 .00 35.44 So Answers: r,a1:nut:~ R. Thomas Kline Sworn and Subscribed to before me this /q~ day of ~:Lfrlro A.D. q~a.~<-il',:~ rothonotary 04/17/2000 SPERO T. LAPPAS By: (\ J j).(1 \0Q..U)'"n a-. ~ Deputy Sheriff ",e_. --1--- ~, - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-01402 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEYRER GERALD RICHARD JR VS LIDGETT LARRY RN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LIDGETT LARRY R N but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CENTRE County, Pennsylvania, to serve the within WRIT OF SUMMONS On April 17th, 2000 , this office was in receipt of the attached return from CENTRE Sheriff's Costs: Docketing Out of County Surcharge DEP. CENTRE CO 6.00 9.00 10.00 72.50 .00 97.50 04/17/2000 SPERO T. LAPPAS S~~ R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /9 ~ day of or'" f' .J-tJ7JV A . D . Ctj.u- Q Yu,Ii.__ ~ , ProthonotarY: ,-'. -"--,,' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-01402 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEYRER GERALD RICHARD JR VS LIDGETT LARRY RN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MYERS ROBERT but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CENTRE serve the within WRIT OF SUMMONS County, Pennsylvania, to On April 17th, 2000 , this office was in receipt of the attached return from CENTRE Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/17/2000 SPERO T. LAPPAS ~~/~ R. 'Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /CJTf::. day of 9..'1 ~ ChA' A.D. (l !kPI../ ~ Prothonotaty I, I" SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-01402 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEYRER GERALD RICHARD JR VS LIDGETT LARRY RN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly $worn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SYMONS JOHN M D but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CENTRE County, Pennsylvania, to serve the within WRIT OF SUMMONS On April 17th, 2000 , this office was in receipt of the attached return from CENTRE Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/17/2000 SPERO T. LAPPAS ~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /'"t ~ day of o,~ ~ A.D. q..,.. f). /1.t.dlJ;..J 4 Rf"f' Prothonotary I ~", -." -, -'- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-01402 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEYRER GERALD RICHARD JR VS LIDGETT LARRY RN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WEXFORD HEALTH SOURCES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within WRIT OF SUMMONS On April 17th, 2000 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of county Surcharge 6.00 .00 10.00 .00 .00 16.00 04/17/2000 SPERO T. LAPPAS S~..-/~ _~ -~~~- R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me h. '4- t lS /'1 '-- day of ~ .:2Anra A . D . ~Q~ prothonota~ ''; ,~, ~~,~ ,,' , ., ~~, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-01402 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEYRER GERALD RICHARD JR VS LIDGETT LARRY RN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PEREIRA BRYAN M D but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within WRIT OF SUMMONS On April 17th, 2000 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge DEP. ALLEGHENY CO S. O'BRIEN NOTARY 6.00 9.00 10.00 46.50 6.00 77.50 04/17/2000 SPERO T. LAPPAS S~ R. homas K~ Sheriff of Cumberland County Sworn and subscribed to before me this le("'" day of ~ ~ A.D. ~..,.Q,~~ "- I Prothonotary "" I" ~ -, . ~~.~~ ~" In The Court of Common Pleas of Cumberland County, Pennsylvania Gerald Richard Leyrer, Jr. VS. Larry Lidgett, R;N., et. al. Serve: Larry Lldgett, R.N. No. . 20-1402 Civil Now, 3/14/00 , 200 (,J , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Cen t re County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~.. -t!. .#-f ~heriff of Cumberland <<Ounty, P A Affidavit of Service Now, fYJl1fCh. :29 ,20~, at YloS- o'clock /(J?5 M. served the within {,lull <PI' 5 <1mmt>"'..5 upon LArl1 c-/1eJ' at sex:- J;?at:clJed-.J 'te/fekf\Jk-(d. JbfZJ by handing to.:JetF 12ad:;,:;....AiV ~t.\- ~t$"o N a {).)n'-f C>P 5.Alnfl'lONj copy of the original <-0(H..,C .5TM)-v"vo...,,, and made known to .:::r4C ~Acl::OvRN the contents thereof. S~swers, V~ X ~~ f {)wiJ- L.{,OA'l&/'l Sheriff of County, PA Sworn and subscribed before me this -I:L day of J+p;. 1 Q ; 20~ COSTS SERVICE Cc,a.OO MILEAGE (., . () 0 AFFIDAVIT '-I. S 0 $ ') ~ .sO $ ~. _ll""~ In The Court of Common Pleas of Cumberland County, Pennsylvania Gerald Richard Leyrer, Jr. VS. Larry Lidget. R.N., et. al. Serve: Robert Myers No. 20-1402 Civil Now, 3/14/00 , 20 0" , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Centre' County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. to."''/. . _ ~ t . rw;;.~re.-'< f""- Sheriff of Cumberland County, P A Affidavit of Service Now, {t1Jl!ch ().q ,2012l:L.., at /3')0 o'clock ;.A3 M. served the within uJr.t- d r SW" flltl ;11.5 upon ?,,6~.j. 111'{ 8f} at 5L7: i?cdlJf~w lP!lefbfo.'le! fl,. IGn5 by handing to ::Jef! fJ,cbtll1/IJ .1:/ f RPI'SoN ) ~ --'" a fIJI'lf d ;s._1J1iM"5 copy of the original WI'/I 0 (! drltnfflO/\JJ and made known to ..:Jete f!i:kk.c:,,/,q..; the contents thereof. S;a. al;;;;:}sw.ers J. A ~ wi t.. t.O~ , Sheriff of Couuty, PA Sworn and SUbSCribef7'~ me this i..:?L day of ; 20 ~ COSTS SERVICE MILEAGE AFFIDAVIT $ Bellefonte 80.0, centre county My Commission expires Aug. 28, 2001 Member. Pennsylvania Association of Notaries $ I... -' -- ~, In The Court of Common Pleas of Cumberland County, Pennsylvania Gerald Richard Leyrer, Jr. VS. Larry Lidgett, R.N., et. al. Serve: John Symons, M.D. No. 20-1402 Civil Now, 3/14/00 , 20 0 ~ , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Cen t re County to execute this Writ, this deputation being made at the request and risk of the P,l, an;.,tAl,'f,f../ , . /./ , r'~f~€ Sheriff of Cumberland County, P A Affidavit of Service Now, mArch d'1.' ,2000, at 1550 0'c1ockIft'5 M. served the within tvrll d' SeftJ1f11o IU) upon SOAN StrWvS, 1i7.0. at .TI kh:-!::: Ii I ~~ &!!eIJN.ie &- 16!'z.J ~ tYlON5 l\it. D. Per~y-.lArLI by handing to .,Juh 10 a tori! oJ r $ fl/fJlflI?AJ") copy of the original Lurilof. 5vl"nmo>V5 ~ and made known to Jof/tv r'f/YIOA>S the contents thereof. S~ answers, Vt:AA#.x? c(:Jk.. v/Ju!d ". Wt'/Ts"'v-" ; Sheriff of County, PA Sworn and subscribed before methisadayof~ ,2000 COSTS SERVICE MILEAGE AFFIDAVIT $ Se Corinne "ee , " ' eell~font~ aOro. Centre County My vommisslon Expires Aug. 28. 2001 Member, Pennsyivania Association at Notaries $ , ,'0 ,.,', ~ L", VV'" 214--z ~ \ of- d-.. In The Court of Common Pleas of Cumberland County, Pennsylvania """IW",' M ,~OO" ~ Gerald Richard Leyrer, Jr~, et. al. VS. rry Lidgett, R.N., et. al. _e~fOEd~~~~~~~o. ~O:-L4Q2 "...=~('1~\~=F-_n_-~~ W;c'~:r!-Ul-OO-_n , 20~ I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of AlleQheny County to execute this Writ, this deputation being made at the request and risk of the Platl1~~....c // . ~. -f~R Sheriff of Cumberland County, PA upon Affidavit of Service " )J-S ~ 3r~=~~ .... , 2U&.L,at ~'):F.c1ock~M. served the ~~9 ~t^~fuU) ~ Now, within .~ - at ,~ -- L;~~f\C ~- ~ .,~ copy ofthe original ~~-'- by handing to a and made known to the contents thereof. ~)~~~....., Notarial Seal Sheila R, O'Brien, Notary Public Pillsbur~h, AlleQhany County My Commission Expires June 19, 2000 Member. Pennsylvania Association of NbtllIiQ. COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed befor"AR 2 4 2000 me this day of ,20 - - ~AJ!!. ~fl${_ $ . .. Gerald Richard -Jifyrer, Jr. Larr Lidgett, R.N~ Serve: -n- -p~reTra-;-M. u;:: _ . _. ~_.~-- _ -~ /"\";'..,"---;':;-~-- "~0-1~0,,, "lVLL ._~_ ---r.:;~r~~~;;.: l~ '.- . .-- '~ ;.;;- ",~~-AAS " ~O-t~ In Tile Court of Common Pleas of Cumberland County, Pennsylvania ~ ? 3/14/00 , 20 () () , T, SHERIFF OF CUMBERLAND COUNTY. P A, do hereby deputize the Sheriff of Allegheny County to exe.cute this Writ, this deputation being made at the request and risk of the P~~~ ~ t Sheriff of Cum her land County, PA upon Affidavit of Service 3~7 ~a~rJj,?~'c1:Ck fl. M. served the .s(~'.~"5 ~~-~~~A- r"l.J]. ~~ ,~ Now, within at a ~n~ l (r'ifK- ~ ~ ----:-,,' ..... copy ofthe original ~-~tk1C a by handing to and made known to the contents thereof. ~ans:.. -.. - -~~~:"-:-/J--:"--'-' .---....;:;7l-----~ ~...;f~~~.:A SHERIFF OF ALLEGHENY COUNTY COSTS SERVICE MILEAGE AFFIDA VIT / SOe" Notarial Seal Pidsb~. O'Brien, Nota Public My Commis~?ohri AExlJe~heny 2'ounty Me pfrE~S June 19, 2000 mber, Pennsylvania Association of Notaries Swo~ and subscribed before MAR ? 4 2000 methis_dayof ,''20-_ $ . __~-<-tf~ ~n/~ $ ,~,,>'" '" , ~ IN THE COURT OF COMMON GERALD RICHARD LEYRER, JR. 1337 CHERRY STREET POTTSTOWN, Pa. 19464 : : v. : . . : : : : : PLAINTIFFS AND ADDRESSES PLEAS OF CUMBERLAND COUNTY Number A-DOO- )~Dd.... CIVIL ACTION - LAW JURY TRIAL DEMANDED II LARRY LIDGETT, R.N. SCI ROCKVIEW RT 26 BELLEFONTE, PA 16823 ~ ROBERT MYERS SCI ROCKVIEW RT 26 BELLEFONTE, PA 16823 WEXFORD HEALTH SOURCES, Ine. ~ GREENTREE COMMONS, SUITE 205 381 MANSFIELD AVENUE PITTSBURGH, PA 15220 JOHN SYMONS, M.D. SCI ROCKVIEW tr RT 26 BELLEFONTE, PA 16823 BRYAN PEREIRA, M.D. GREENTREE COMMONS, SUITE 205 ~ 381 MANSFIELD AVENUE PITTSBURGH, PA 15220 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS P.O. BOX 598 c..- ~520 LISBURN ROAD CAMP HILL, PA 17001-0598 DEFENDANTS AND ADDRESSES PRAECIPE FOR WRIT{S) OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writes) Writ(s) of ( ) Attorney of summons in summons shall (x) Sheriff THE LAW OFFICES OF SPERO T. LAPPAS, ESQUIRE 205 State Street P.O. Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 ATTORNEY FOR THE PLAINTIFFS .~ ,. , " ,e 0" " . the above-captioned action. be issued and forwarded to Q~'\)?(2~ SIGNATURE OF ATTORNEY Pa. Supreme ct. ID No. 65178 DATE: MARCH ji) , 2000 "."-'.,, __,.;c,,; ~ - ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Number CIVIL ACTION - LAW JURY TRIAL DEMANDED GERALD RICHARD LEYRER, JR. 1337 CHERRY STREET POTTSTOWN, Pa. 19464 PLAINTIFFS AND ADDRESSES : LARRY LIDGETT, R. N. SCI ROCKVIEW RT 26 BELLEFONTE, PA 16823 ROBERT MYERS SCI ROCKVIEW RT 26 BELLEFONTE, PA 16823 WEXFORD HEALTH SOURCES, INC. GREENTREE COMMONS, SUITE 205 381 MANSFIELD AVENUE PITTSBURGH, PA 15220 JOHN SYMONS, M.D. SCI ROCKVIEW RT 26 BELLEFONTE, PA 16823 BRYAN PEREIRA, M.D. GREENTREE COMMONS, SUITE 205 381 MANSFIELD AVENUE PITTSBURGH, PA 15220 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS P.O. BOX 598 2520 LISBURN ROAD CAMP HILL, PA 17001-0598 v. : . . . . : . . : DEFENDANTS AND ADDRESSES TO THE ABOVE NAMED DEFENDANTS: WRIT OF SUMMONS YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST yOU. DATE: -3 L~I CD THE LAW OFFICES OF SPERO T. LAPPAS BY: ANN E. ARIANO, ESQUIRE 205 STATE STREET HARRISBURG, PA 17108 PA SUPREME CT. ID. #65178 ATTORNEYS FOR THE PLAINTIFF - CW\.-t; ^ Rl~ ~ PROTHONOTARY by \)J~oJV~\'V1(yy\ ~ Deputy TRUE COpy FROM RECORD III Testimony whereof, I here unto set my hano and the seal of said Court al Carlisle, Pa. Ttlls IO</VI day of /IIJ.(]VLch. ~ .__ \. ~~~:Jn~ Prothonotary " ...." !iliMMiIIJ~~ll'i1Iltlillilfcl:l1/it"-""",JUiiL~~i'l!i':ElII~~-'tIl.1iili1l~<liiI2H&.,i#,j"*"~_,,,~..:',,,"~ I U '" ~ ~~~. Mrtll1itlt ,"";,;~;,i2f},,,II~ "c} .', ,.t <;:-:.:2 <= '''-:;;:'\; ',-~'~~\ OFFL> l'lAR 10 ?E . ,. :~ 'i':'~ ,~t,ni.::FF' ,:,'").''' l,'to. 4 02 I'll '00 !I} , j : ,~, ~,=.'1lltiIiIl!"~ ....,-~- .. ,t~.Jj,/.,i>:':~ ,'\0 , ~, ..... ,,~ ('- ...--:::--=;) ~~{~TI .' ,.-:-.:::t .-UU <= ~ &"\fifil .~ ... # SEP 2 2 200~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff CIVIL TERM 00-1402 v. LARRY LIDGETT, et. al. Defendants : ORDER AND NOW this 2-'" day of ~r......I...... I 2000 it is hereby ordered that a Rule is issued upon the plaintiff and upon the Defendants in this case to show cause, if any they have, why the Motion for Leave to Withdraw as Plaintiff's counsel should not be granted. If any party files a response to this rule, then a hearing shall be convened thereon. If no response to the Rule is filed then Spero T. Lappas, Esquire and The Law Offices of Spero T. Lappas may withdraw as Plaintiff's counsel by the filing of an appropriate praecipe with the Clerk. This rule is returnable U> days after service by regula~ jl . rl cdpW I\q.OO q-o""\)c BY TIm COURT, ~K mail. >~~" '_0 ~~ ,~_.~-"'" C\ ,;'"J,:." , , u FiLEJ--OfFiCE r" '-"-, ""I,)'rA'"'Y \..ir ,\)! r:r)i\-\.. U)11 ,y 00 SEP 28 AIH: i7' CUMBEHLJlND COUtflY PSNNSYLVANIA1i; ',' ',' ~ ,t! . ';: ~:": ",',": -;, ""..r.',' .t ,~ ~-- ~~~, .~,'- ~. ^~ ':,1, ,,' ~,~ ~'N '0' ." ..', _,~_ ",-.'''. '.' '.';'"U\ =,~^~,,,'illWP'~~,-I*,,,*i'''''*'_"'~I'll'fJ:~!ft_~ ,~ '" "~~~ '" ~ \,:" .~ ,: j ',' ' 1fI.,~~ IlIII!II!!I! The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, pennsylvania 17108-0808 (717) 238-4286 By: SPERO T. LAPPAS, Esquire Pa_ Supreme Court identification no. 25745 ATTORNEY' FOR THE PLAINTIFF IN THE COURT OF COt.lMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICliARD LEYRER, Plaintiff CIVIL TERM 00-1402 v_ LARRY LIDGETT, et. al. Defendants MOTION TO WITEDRAW AS PLAINTIFF I S COUNSEL 1. The Attorney-Client relationship in this case has broken down to the point where counsel no longer believes that he can effectively represent this client. 2. Plaintiff and Plaintiff I s counsel have reached what appears to be an irreconcilable disagreement concerning the method of prosecuting this case and the progress thereof. 3. Plaintiff has been notified of his counsel's intention to file this motion. The Law Offices of SPERO T. LAPPAS page 1 :;~l -. , nee WHEREFORE, Spero T. Lappas, Esquire and The Law Offices of spero T. Lappas respectfully request leave to withdraw as plaintiff's counsel. RESPECTFULLY SUBMITTED, The By: PERO T. LAPPAS . LAPPA , ESQUIRE Supreme Ct. ID No. 25745 205 State Street P.O_ Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 ATTORNEYS FOR PLAINTIFF The Law Offices of SPERO T. LAPPAS Page 2 I , ~.. The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 By: SPERO T. LAPPAS, Esquire Pa. Supreme Court identification no. 25745 ATTORNEY FOR THE PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that on this date I served a true copy of the attached document upon the person(s) named below by mailing a copy addressed as follows, postage pre-paid, deposited into the u.S. Mail at Harrisburg, PA. Raymond W. Dorian, Esquire Pa. Department of Corrections 55 Utley Drive Camp Hill, PA 17001 James D. Young, Esquire Lavery, Faherty, Young & Patterson, P.C. P.O. Box 1245 Harrisburg, PA 17108-1245 Gerald Richard Leyrer, Jr. 1337 Cherry Street Pottstown, PA 19464 The T. LAPPAS By: DATE: SP . LAPPAS, ESQUIRE Pa. Supreme Ct. ID No. 25745 205 State Street P.O. Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 06 ~" . ~"'!' " "," -r""" " III! 1JIi~ ~ "~ lllll!ll!J" ,!~ --"'1"-- i!1Il!IRl\f"~~ ". () 0 0 c 0 -n -0 ffi en .-4 ", . ~iF~ rq'flJ v Z:rJ zc;: N ;_~S:i SQ~:: -'- !;2O -u ~~~ ~o 3: ~~~ 2S :P'O ry 3m C -~ Z ,CJl ;e ::< (7' ~ ~ ~J1..~~!ili!!!Dl,lIRnmJl,!~~IJ!lm~ # , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff CIVIL TERM 00-1402 vs. Gudge Kevin Hess) LARRY LIDGETT, et al., Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendants, Wexford Health Sources, Inc.; John Symons, M.D.; and Bryan Pereira, M.D., only. Respectfully submitted, Lavery, Faherty, Young & Patterson, P.c. Date: /o/~o(1.Dotl By: J"5h~ Atty No. 53904 301 Market St., Suite 800 P.O. Box 1245 Harrisburg, P A 17108-1245 Attorneys for Defendants, Wexford Health Sources, Inc.; John Symons, M.D.; and Bryan Pereira, M.D. .1 ~ ,. CERTIFICATE OF SERVICE I, Linda L. Gustin, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.c., do hereby certify that on this J 0'1+. day of October, 2000, I served a true and correct copy of the foregoing ENTRY OF APPEARANCE via U.s. First Class mail, postage prepaid, addressed as follows: Spero T. Lappas, Esquire Law Offices of Spero T. Lappas 205 State Street p.o. Box 808 Harrisburg, PA 17108-0808 Raymond W. Dorian, Assistant Counsel Pennsylvania Department of Corrections 55 Utley Drive P. O. Box 598 Camp Hill, PA 17001-0598 L~J::.q~ I . - ,-- ~ nJ!!' "~ _l~~"""",,,,"",__ " ~" .~-~ - -, 0 0 C) c: (:::) -n ?~. ::::> --- -0 C;::'~ C") "T; rn pi --; : r :;..::. :;~,I '--,-~ _____CO- ~ ~:r } T - CJ r::::.C; "-'1:' -- ":-, ~~q ~ ::~('o) i;~ ra 0m . ~- -." :z 0.> 55 ~ (::> -< ,,.,~~~."!'lII~~, ~~W-~~lI'OfUlm-~~~...".",=-~ 'iIIi1'....., Jl~q~~~!,!! '.... ~ ~ Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, P A 17120 Steven C. Gould Deputy Attorney General Direct Dial 717-783-8035 GERALD RICHARD LEYRER, JR. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. LARRY LIDGETT, RN, Individually and in his capacity as an agent, servant and employee of the Commonwealth of Pennsylvania; ROBERT MEYERS, Individually and in his official capacity as an agent, servant, and employee ofthe Commonwealth of Pennsylvania; : NO. 2000-1402 WEXFORD HEALTH SOURCES, INC.; JOHN SYMONS, M.D.; BRYAN PEREIRA, M.D. and the COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF : JURY TRIAL DEMANDED CORRECTIONS, Defendants ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Commonwealth of Pennsylvania, Department of Corrections, in the above-captioned action. Respectfully submitted, D. MICHAEL FISHER Attorney General By: ~z~ STEVEN C. GO LD ID #80156 Deputy Attorney General DATED: November 7,2000 "~-" -, -.' " 'C'--- """ ", ". ,. - CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing ENTRY OF APPEARANCE upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: SPERO T. LAPPAS, ESQUIRE 205 STATE STREET HARRISBURG, PA 17108 (Attorney for Plaintiff) By: &e~d STEVEN C. GOULD ID #80156 Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-783-8035 - Direct Dial DATED: November 7, 2000 ',- ">"'~,!'';"'~,j:''!' . -- '.-. ;~" '/,'..1,',' ,"'" ,,:'<'__'"'1"__, ..,'" ,":"'! ,~, - " 'F' -',. "., ,,'." _T',", ~ ",~_'" "":' _ ,'. ~_" , \:~1'o$I '"~" """ "A" """A" ~" .,' .",- , ~o:- ., ..^' ..~~ " "" ","", " ., , " ." . (') 0 () C c:> '7] $: ~~ -OeD C:J .~''l Dllfi L~ f';":' Z_. I ~~ ZC CO ;"1',,- (f) ,,!;:~ -'< ,"c --~;() !;::Ci , -,' " :::::>(-, -"- i~~ :Z:cS N )>c -1 :z: "'" :,> =< :D 0'\ -< " .r,-" " -,' '"'='~', r~~'~' . ,",~""",,~ , ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff, Civil Term 00-1402 v, LARRY LIDGETT, et aI., Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendants Robert Myers and the Pennsylvania Department of Corrections in the above-captioned case. Respectfully submitted, Ray ond W, Dorian A istant Counsel Attorney I.D, No, 48148 P A Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717)731-0444 Dated: December 5, 2000 .. - .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA RICHARD LEYRER, Plaintiff, Civil Term 00-1402 v. LARRY LIDGETT, et aI., Defendants CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.s. mail a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person(s) and in the manner indicated below. Service by first-class mail addressed as follows: Spero T. Lappas, Esquire Law Offices of Spero T. Lappas 205 State Street P.O. Box 808 Harrisburg, P A 17101-0808 James D. Young, Esquire Lavery, Faherty, Young & Patterson P.O. Box 124 Harrisburg, PA 17108-1245 ~ ( if V>Y 1!4,-; Clerk Typist 2 P A Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, P A 17011 (717) 731-0444 Dated: December 5, 2000 ! '~~~^ I - :m,. .. , ~ IIJ!I( ", IP.J8:l!O'N1._:>/lIiIr,1:Qf:II~i ~'~'""'"' ~ " 0 0 ~2 c 0 " s:: c:::J ::.::::! -OW l""'1 ~7-1Z;? rn \-, n 2:::0 I ~r2I!1 tit;;: en ,~"Y ~7. ~:::~~~ ~O :::;! S~~ ?fa ..>- -0 )>c: w .::> .. --I ~ "" ~ w ,~~fi!j . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff, Civil Term 00-1402 v. LARRY LIDGETT, et aI., Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant Larry Lidgett in the above-captioned matter. Respectfully submitted, P A Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: November 16, 2000 I' ~~', .........T1 . " - ~, . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff, Civil Term 00-1402 v. LARRY LIDGETT, et aI., Defendants CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person(s) and in the manner indicated below. Service by first-class mail addressed as follows: Spero T. Lappas, Esquire Law Offices of Spero T. Lappas 205 State Street P.O. Box 808 Harrisburg, P A 17101-0808 James D. Young, Esquire Lavery, Faherty, Young & Patterson P.O. Box 124 Harrisburg,PA 17108-1245 P A Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, P A 17011 (717) 731-0444 Dated: November 16,2000 "HI _1". , i!!lr: 1..1 I I !l I I 'n - -,.,..~ "-~ ~ .~ " ~, "~~ ,..,- "~ -".. > =~~.. o ~ ~. -ofD rnrn Z:J: ~~i.'. co ""- )";-. ...- Z(j Pc Z '2 ,..",.-",QllllI~Th'~-''''!~~~ ~~_ (::J- o z q c_ . . ;, (J. -n __1 ,~ ~-r',w ~ .'"\;'2 c" \-n . '-";:':) ~~ ~-:? ~~f?! ~ c) f..) , , " ~ :".,""!, 'c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff, Civil Term 00-1402 v. LARRY LIDGETT, et aI., Defendants DEFENDANTS' RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule to File Complaint upon the Plaintiff, Gerald Richard Leyrer, Jr., in the above-captioned matter. Respectfully submitted, ~,~ Assistant Counsel Attorney LD. No. 48148 P A Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: December 27, 2000 i;o',w ,-r"'~ ~ ~. --,"- -"f""'~~" . RULE TO FILE COMPLAINT TO THE PLAINTIFF: AND NOW, this ~ day of December, 2000, a Rule to File Complaint is hereby issued upon the Plaintiff and the Plaintiff is directed to file a Complaint within 20 days of the date hereof or else suffer a judgment of non pros. Date: lk(: .:rP;~'boo (. " GM-7~ .) ~ ~ PROTHONOTARY p.. "'; . ~.', f~, 1-'-'-' ~~~ ~"'~I_," ,,0;:1_ ""'" \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA RICHARD LEYRER, Plaintiff, Civil Term 00-1402 v. LARRY LIDGETT, et al., Defendants CERTIFICATE OF SERVICE I hereby certifY that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Rule to File Complaint upon the person(s) and in the manner indicated below. Service by first-class mail addressed as follows: Spero T. Lappas, Esquire Law Offices of Spero T. Lappas 205 State Street P.O. Box 808 Harrisburg, P A 1710 1-0808 James D. Young, Esquire Lavery, Faherty, Young & Patterson P.O. Box 124 Harrisburg, PA 17108-1245 P A Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, P A 17011 (717) 731-0444 Dated: December 27, 2000 ~I~~ , "" . ""-,,".~ - ~~ ~ rllj.~, _~=~~~- - ~".~"" ~ ,,+., .lRrn!"l'I!~~ (") c ;;::;- -c"'" rr-\'''' ~~. zS) ~~ ~:! i~:;' o = p, " f''' CO n .--;h :I1 ~::,!(~ ~:-~~ {~) "T" -,," . '<, ~,'[J -,..',-...... ".- \,"" ~rn -< 1:') :::-li: C" c..) ,.~j~""'~lflI~ The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 HarrisDurg, Pennsylvania 17108-0808 (717) 238-4286 By: SPERO T. LAPPAS, Esquire Pa. Supreme Court identification no. 25745 ATTORNEY FOR THE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GERALD RICHARD LEYRER, JR. : Plaintiff : : v. : : LARRY LIDGETT, RN, : Defendant : ROBERT MEYERS, : Defendant : WEXFORJ) HEALTH RESOURCES, : Defendant : JOHN SYMONS, M.D., : Defendant : BRIAN FERIERA, M.D., : Defendant : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF CORRECTIONS : Defendant : CIVIL NO. 2000-1402 JURY TRIAL DEMANDED COMPLAINT January 24, 2001 RESPECTFULLY SUBMITTED, The T. LAPPAS By: PPAS, Esquire 205 State Street P.O. Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 ATTORNEY FOR THE PLAINTIFF The Law Offices of SPERO T. LAPP AS ''''' . ~- Page 1 "' ~n"' ,tI'<_ COMPLAINT AND NOW, comes the Plaintiff RICHARD LEYRER, by and through his attorneys The Law Offices of SPERO T. LAPPAS, and makes his amended complaint against the above captioned Defendants: PRELIMINARY AVERMENTS 1. The Plaintiff is an adult individual. 2. The individual defendants are adult individuals who, to the best of Plaintiff's knowledge and belief, reside within the Commonwealth of pennsylvania. 3. On all dates material to this Complaint, Larry Lidgett, R.N. was employed as an agent, servants, and employee of the Commonwealth of pennsylvania Department of Corrections and the as a Correctional Health Care Administrator for SCI Rockview. 4. Defendant Robert W. Meyers was at all times pertinent to this Complaint the Superintendent of the State Correctional Institution at Rockview. In that capacity, he had direct and supervisory authority for all operations of the institution, including the medical department. In that capacity, the Plaintiff believes that Defendant Meyers would have, in the normal course of administrative affairs, received notice of the matters complained of in this Complaint. 5. Defendant John Symons was at all times relevant to this cause of action a medical doctor. From on or before September 1998 The Law Offices of SPERO T. LAPPAS Page 2 ", to the present he was working at the State Correctional Institution at Rockview. To the Plaintiff's best information, he was an agent, official, and employee of a company known as Wexford Health Sources (hereinafter WexfordJ. Wexford was, to Plaintiff's knowledge, a contractor with the Commonwealth of Pennsylvania and/or with the Pennsylvania Department of Corrections and/or with the State Cor~ectional Institution at Rockview, and/or with some other state agency, official, or entity, in this capacity, Wexford and through Wexford, Defendant Symons was responsible along with the other Defendants to provide medical services to the Plaintiff and other inmates at the State Correctional Institute at Rockview. Because of his relationship to the Commonwealth, and because of Wexford's relationship to the Commonwealth, Defendant Symons is a state agent for purposes of this lawsuit. 6. Defendant Bryan periera was at all times relevant to this cause of action a medical doctor. From up to on or about September 1998 he was working at the State Correctional Institution at Rockview. To the Plaintiff's best information, he was an agent, official, and employee of a company known as Wexford Health Sources (he~einafter WexfordJ. Wexford was, to Plaintiff's knowledge, a contractor with the Commonwealth of Pennsylvania and/or with the Pennsylvania Department of Corrections and/or with the State Cor~ectional Institution at Rockview, and/or with some other state agency, official, or entity, in this capacity, Wexford and through Wexford, Defendant periera was responsible along with the other The Law Offices of SPERO T. LAPPAS Page 3 i";""'- 1- Defendants to provide medical services to the Plaintiff and other inmates at the State Correctional Institute at Rockview. Because of his relationship to the Commonwealth, and because of Wexford's relationship to the Commonwealth, Defendant periera is a state agent for purposes of this lawsuit. 7. Defendant Wexford Health Sources is a business corporation having as its principle business address 381 Mansfield Avenue, Suite 205, Pittsburgh, PA 15220. Defendant Wexford, at all times relevant to this Complaint was a contract holder with the Pennsylvania Department of Corrections or the Commonwealth of Pennsylvania, or with a state agency, official, or entity, and in this capacity was responsible, along with the other Defendants, to provide medical services to the Plaintiff and other inmates at the State Correctional Institute at Rockview on all relevant dates. Accordingly, for the purposes of this lawsuit 1 Defendant Wexford is a state agent. 8. All actions described in this Complaint as being taken by Larry Lidgett, R.N. was taken in the course and scope of his employment as a Correctional Health Care Administrator with the Commonwealth of Pennsylvania Department of Corrections. 9. On all dates material to this Complaint, John Symons, M.D. and Bryan Periera, M.D. were employed as agents, servants, and employees of Wexford who had a contractual agreement with the Department of Corrections to provide medical services to inmates at SCI Rockview. The Law Offices of SPERO T. LAPPAS Page 4 1", ,~ 10. All actions described in this Complaint as being taken by John Symons, M.D. were taken in the course and scope of his employment as a Medical Director for Wexford. 11. All actions described in this Complaint as being taken by Brian periera, M.D. were taken in the course and scope of his employment as a Medical Director for Wexford. 12. The Defendants' actions and policies as described in this Complaint were negligent, or in the alternative grossly negligent, or in the alternative reckless, or in the alternative knowingly unlawful, or on the alternative intentionally unlawful. 13. The Defendants' actions as described in this Complaint were not privileged. In the alternative, if any privilege did or otherwise would have attached to these actions, that privilege was abused by the Defendants and lost. The abuse of privilege took place by virtue of the Defendants' negligence, recklessness, gross negligence, malice, and/or intentional wrongdoing. 14. All harms, damages, and injuries suffered by the Plaintiff was the direct, legal and proximate results of the wrongful acts of the Defendants as described in this Complaint. FACTS 15. On or about March 11, 1998 the Plaintiff was an inmate at the State Correctional Institution at Rockview. He was the victim of an assault on that date. 16. employed At that time, date and place, Defendant Lidgett was as a Correctional Health Care Administrator for the The Law Offices of SPERO T. LAPPAS Page 5 " --, , ,~ ~ ~~~ Commonwealth of Pennsylvania Department of Corrections, stationed at the State Correctional Institution at Rockview. 17. After the assault of March 11, 1998, Plaintiff was seen briefly at the infirmary of the State Correctional Institute at Rockview. Although he received some "treatment" at that time, date, and place, the treatment which he received was woefully inadequate to the injuries which he had sustained. 18. Over the course of the next two years, the Defendants ignored the serious nature of Plaintiff's injuries and failed to provide him with the medical care, treatment, and services which were reasonably necessary to accorrunodate his needs. The Defendants had notice of the Plaintiff's condition and had actual notice of his need for medical services above and beyond that which the Defendants and the Corrunonwealth were providing. This notice came, inter alia, in the following fashions: a. Defendant I s father, Gerald Leyrer, Sr., contacted the State Correctional Institution at Rockview, Defendant Lidgett, and perhaps other Defendants as well, on a repeated and continuous basis, making them all aware of the Plaintiff's need for medical services, and further, making them aware of the fact that he was not receiving the kind and type of medical services which were reasonably necessary to accommodate his needs. b. On or about June 1, 1998, some or all of the Defendants received or were made aware of a letter from Dr. Harold The Law Offices of SPERO T. LAPPAS Page 6 r - , Haney, D.M.D., which described the Plaintiff's condition and further describes his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. c. On or about October 2, 1998, some or all of the Defendants received or were made aware of a letter from Dr. Steven Yovino, D.M.D., which described the Plaintiff's condition and further described his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. d. On or about April 28, 1999, some or all of the Defendants received or were made aware of a letter from Dr. Paul Rollins, M.D., which described the Plaintiff's condition and further described his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. The Law Offices of SPERO T. LAPP AS Page 7 I'l;> ~ e. On or about August 2, 1999, some or all of the Defendants received or were made aware of a letter from Dr. Paul Rollins, M.D., which described the Plaintiff's condition and further describes his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. f. From on or about January 5, 2000, some or all of the defendants received or were made aware of a letter from Dr. George C. Sotereanos, D.M.D., which described the Plaintiff's condition and further describes his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. g. The Defendants, or some of them, received reports from other medical providers and other Defendants, making each and everyone of the Defendant aware of the Plaintiff's need for medical services above and beyond that which he was receiving. h. Some or all of the Defendants actually saw the Plaintiff, examined him, and were personally aware of his need for The Law Offices of SPERO T. LAPPAS Page 8 'iI,_" '-" ~ ~ "~I medical services above and beyond that which were being provided. i. Larry Lidgett had actual knowledge of the Plaintiff's condition and spoke to the Plaintiff's father on several occasions on which Lidgett was advised on the Plaintiff's need for additional medical care beyond that which was being provided. j. Defendant Robert W. Meyers was at all times pertinent to this action the Superintendent of the State Correctional Institution at Rockview. In that capacity, he had direct and supervisory authority for all operations of the institution, including the medical department. In that capacity, the Plaintiff believes that Defendant Meyers would have, in the normal course of administrative affairs, received notice of the matters complained of in this Amended Complaint. 19. The plaintiff was transferred to the infirmary unit of the prison where he subsequently underwent x-rays and a cat scan. 20. Some or all of the defendants received actual notice of the plaintiff's medical condition by physical and visual observation of the plaintiff and from the x-rays and cat scan reports which revealed that the plaintiff had sustained fractures to two ribs as well as multiple facial fractures. 21. In addition to their own observations one or more of the defendants received notice from physicians outside of the prison The Law Offices of SPERO T. LAPPAS Page 9 "" medical facility who examined the plaintiff and indicated in written reports that the severity of plaintiff's injuries were such that facial reconstructive surgery was required. 22. In addition to the other averments of this Amended Complaint, The Plaintiff while an inmate at SCI-Rockview and the Department of Corrections had other serious health and medical problems, including those involving his knee, his digestive system and his ribs. He needed, for those conditions, medical care and treatment which Defendants did not provide despite Defendant's knowledge of Plaintiff's legitimate medical needs. 23. In spite of all of the notice, knowledge, and information which the Defendants received and accumulated over the years, the Defendants never provided the Plaintiff with the kind of medical care, treatment, and services which were reasonably and constitutionally required. 24. The Plaintiff did not timely receive the facial reconstructive surgery which the defendants were advised was necessary to relieve his symptoms and correct his facial deformities. 25. During their relationships with Plaintiff, each defendant was negligent, careless, reckless, and violated the appropriate standards of medical care and practice in that inter alia: a. Each failed to correctly diagnose the true nature of his medical condition, and/or to do so in a timely fashion; b. Each failed to take reasonable and necessary steps to The Law Offices of SPERO T. LAPPAS Page 10 . ._'0 " ~..,.,....~ treat such condition, and/or to do so in a timely fashion; c. Each failed to evaluate plaintiff for the injuries and medical conditions described in this complaint; d. Each failed to perform necessary tests or to order that necessary tests be performed upon plaintiff, and/or to do so in a timely fashion; e. Each improperly diagnosed plaintiff's condition; f. Each failed to possess the requisite degree of knowledge and skill required under the circumstances; g. Each failed to procure adequate and timely consulting opinions about plaintiff's condition, and/or to do so in a timely fashion; h. Each failed to perform the procedures (or order them to be performed) and each failed to provide the necessary care (or order that it be provided) which was described in the consulting opinions which the defendants did receive or which was otherwise recommended to the defendants and which was necessary and proper; i. Each failed to synthesize and assess available clinical data, and/or to do so in a timely fashion; j. Each failed to provide plaintiff with necessary care, treatment, therapy, or other necessary and required medical attention, and/or to do so in a timely fashion. 26. The defendants' action in this case constituted a The Law Offices of SPERO T. LAPPAS Page 11 - ""~, r ~, , ~-~ . ."~ . -~.' deliberate indifference to the Plaintiff's serious need for medical attention of which the defendants were aware. 27. All actions described in this Complaint as being taken by Commonwealth of Pennsylvania officials, employees, or agencies were taken pursuant to official policies of the Commonwealth of Pennsylvania Department of Corrections and such actions constitute, implement and execute policies officially adopted and promulgated by officials of the Department of Corrections. 28. All harms, damages, and injuries suffered by the Plaintiff and described in this Complaint were the legal, direct, and proximate results of the wrongful acts of each individual Defendant; in the alternative, all harms, damages, and injuries were the direct, legal, and proximate results of the wrongful acts of two or more of the Defendants acting in concert, and therefore, all Defendants are jointly and severally liable for these losses. 29. All of the Defendants' actions described within this Complaint either infra or su~ra, were intentional, malicious and taken in bad faith; in the alternative, those actions were reckless; in the alternative, those actions were negligent. 30. All of the Defendants' actions described within this Complaint either infra or su~ra, constitute medical malpractice, institutional negligence, violations of the various duties which the defendants owed to the Plaintiff, and violations of the defendants duties of due care. 31. As the direct, legal, and proximate result of the The Law Offices of SPERO T. LAPPAS Page 12 Defendants' negligence, carelessness, lack of due care, recklessness, and other wrongful conduct, the Plaintiff suffered and, with respect to some or all of the following, continues to suffer injuries, damages, and losses, including inter alia: a. physical and mental pain and suffering; b. total disability; c. incapacity; d. disability; e. inconvenience and loss of life's pleasures. f. He has been forced to undergo great and substantial inconvenience, aggravation, and loss of life's pleasures; g. He has suffered grave and severe injuries, and the physical injuries which he sustained in the assault have been aggravated and have been allowed to progress unto more serious and different kinds of physical injuries, including without limitation the following: facial paralysis, hearing loss, partial blindness, severe facial scarring and disfigurement, injuries to his mouth and teeth. h. Now that he has been released from incarceration, he will be prevented in taking part in and performing the activities of his home life, personal life, and social and recreational activities and will suffer a loss of income and/or earning capacity. i. He will be forced, in the future, to undergo medical The Law Offices of SPERO T. LAPPAS Page 13 ;jj ~ . , treatment, services, and possibly surgery, above and beyond that which would have otherwise been necessary had his medical needs been dealt with in a timely fashion. 32. All of the harms, damages, and losses described in this Complaint will continue unto the future. COUNT 1 GERALD RICHARD LEYRER, JR. v. LARRY LIDGETT, R.N. 33. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment Defendant for compensatory and punitive damages, litigation and attorney's fees. COUNT 2 GERALD RICHARD LEYRER, JR, v. ROBERT MEYERS 34. All other paragraphs of this Complaint incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment Defendant for compensatory and punitive damages, litigation and attorney's fees. against this plus costs of are hereby against this plus costs of COUNT 3 GERALD RICHARD LEYRER, JR, v. JOHN SYMONS, M.D. 35. All other paragraphs of this Complaint are incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment Defendant for compensatory and punitive damages, hereby against this plus costs of The Law Offices of SPERO T. LAPPAS Page 14 -' litigation and attorney's fees. COUNT 4 GERALD RICHARD LEYRER, JR, v. BRIAN PERIERA, M.D. 36. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. COUNT 5 GERALD RICHARD LEYRER, JR, v. WEXFORD HEALTH SOURCES 37. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. COUNT 6 GERALD RICHARD LEYRER, JR, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS 38. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. The Law Offices of SPERO T. LAPPAS Page 15 '."il" - ~" . COUNT 7 GERALD RICHARD LEYRER, JR, V. ALL DEFENDANTS 39. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the Plaintiff demands judgment against all Defendants, jointly and severally for compensatory and punitive damages, plus cost of litigation and attorneys fees. RESPECTFULLY SUBMITTED, T. LAPPAS J By: T PPAS, Esquire Pa. Supreme Ct. ID no. 25745 205 State Street P.O. Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 ATTORNEYS FOR THE PLAINTIFF The Law Offices of SPERO T. LAPPAS Page 16 ~~ , '0 ~~ ~~ 01/25/01 22:03 FAX 14118 The Law Offices of SPERO T. LAPPAS 205 SCate Street Post Office Box 808 Harrisburg, Pennsylvania 17108-0808 (717) 238-4286 I. VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL i. I verify that the averments in the foregoing COMPLAINT are based upon the information which has been gathered by my counsel in preparation of this lawsuit. 2. The language of this COMPLAINT is that of counsel and is not mine. 3. I have read the COMPLAINT and, to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. 4. To the extent that the contents of the COMPLAINT are that of counsel, I have relied upon counsel in making this Verification. 5. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsifications made to authorities. p January 24, 2001 The Law Offices of SPERO T. LAPPAS Page 17 r;-- - - '-;':';"-:l'__~~I-- -'-'-."" "',.- ':' ~"., 'c.'<_ '"'_"~">=_;',"1_-,_ ,'_' . -"~,,.." --_"_~ -, " .!;"-, ~- - ,. .- -, -, . The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, Pennsylvania 17108-0808 (717) 238-4286 CERTIFICATE OF SERVICE I hereby certify that on this date I served a true copy of the attached document upon the person (s) named below by mailing a copy addressed as follows, postage pre-paid, deposited into the U. S. Mail at Harrisburg, Pa. RAYMOND DORIAN, ESQUIRE PA DEPARTMENT OF CORRECTIONS OFFICE OF CHIEF COUNSEL 55 UTLEY DRIVE CAMP HILL, PA. 17011 JAMES YOUNG, ESQUIRE P.O. BOX 1245 HARRISBURG, PA. 17108-1245 RESPECTFULLY SUBMITTED, Th s of SPERO T. LAPPAS By: ~ JanUar02001 Law Offices of SPERO T. LAPPAS I':il~... .,..,.,"~ ~ - - ,~"'.~.,-,,~ n c. s: -oed rnr"1 2::0 L'_ ':.::,:: ~<'" r:;tJ ~~ Z~'k') )>~ ,<:_.0 -' -< o . o --n ,- .\'::ill x w -n f~ ~:;23 -0 :Jr: ':_:__.-2,<) --,':"'-, {~l~q i'7._rn :::-:i ~ -< N 1~ ~ ~~"",'''''l'i~Nl!f'i'lT~fW~~l -ll!IIlJ!ll....,'~< m.1 ~ ,~,~,= TimelDate Stamp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff, Civil Term 00-1402 v. LARRY LIDGETT, et aL, Defendants ORDER AND NOW, this _ day of February, 2001, upon consideration ofthe Commonwealth Defendants' Preliminary Objections to Plaintiffs Complaint, it is hereby ordered that the preliminary objections are GRANTED and the Plaintiffs Complaint is DISMISSED with prejudice. BY THE COURT: J. Ie. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff, Civil Term 00-1402 v. LARRY LIDGETT, et aL, Defendants COMMONWEALTH DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, come the Commonwealth Defendants, Larry Lidgett, et aL, by and through their attorney, Raymond W. Dorian, Assistant Counsel, and pursuant to Rule 1028 of the Pa. Rules of Civil Procedure, object as follows: 1. On March 10, 2000, the Plaintiff initiated this action by filing a praecipe for writ of summons. 2. The writ of summons was served by the Sheriff s Office upon the Commonwealth Defendants on March 15,2000 and March 29,2000. 3. On December 28,2000, the Court issued a Rule to File Complaint upon the Plaintiff, directing the Plaintiff to file a Complaint within 20 days of the date thereof. 4. On or about January 30, 2001, the Plaintiff filed his Complaint. A true and correct copy of that Complaint is attached hereto and marked Exhibit "A." 5. On March 10,2000, Plaintiff filed an identical action in the United States District Court for the Middle District of Pennsylvania at No. 4:CV-00-0469. " ,-, ~ ,,- ' 6. On December 4, 2000, the Plaintiff filed an Amended Complaint in the federal court action. A true and correct copy of the Plaintiffs Amended Complaint is attached hereto and marked Exhibit "B." 7. In both actions, the Plaintiff alleges that he received inadequate medical care while confined as an inmate at the State Correctional Institution at Rockview ("SCI-Rockview"). Specifically, he contends he did not timely receive a reconstructive surgery following an attack by another inmate. See Complaint at '\[24. COUNT I - PENDENCY OF A PRIOR ACTION 8. The Plaintiffs action in this Court should be stayed or dismissed, based upon the doctrine of lis pendens or the pendency of a prior action. 9. Under the doctrine of lis pendens, a court may dismiss or stay subsequent proceedings, where it is shown that a prior case is the same, the parties are the same, and the relief requested is the same. Pen ox Technologies v. Foster Medical, 546 A.2d 114, 115 (Pa. Super. 1988); Virginia Mansions Condominium Association v. Lampl, 522 A.2d 275,277 (Pa. Super. 1988). 10. The purpose of the lis pendens defense is to protect the defendant from harassment by having to defend civil suits in the same cause of action at the same time. Penox Technologies, 546 A.2d at 115. II. This matter should be stayed or dismissed, since the parties are the same, the rights of service are the same and the relief requested is the same. Plaintiff originally sued the same Defendants in both actions. See Complaint at mf3-7. (The Department of Corrections was dropped as a Defendant in the Amended Complaint.) Both actions arise out of medical treatment 2 I~ - -^ ~ ,. ~~ ",'" supplied to the Plaintiff while a prisoner at SCI-Rockview. See Complaint at ~~17-25. In addition, in both actions, the Plaintiff requests compensatory and punitive damages, plus costs of litigation and attomey's fees. See Plaintiffs Complaint at ~~33-38. WHEREFORE, the Commonwealth Defendants request that the Court dismiss the Plaintiffs Complaint, or alternatively, stay this action pending the final disposition of the federal court action. COUNT 11- DEMURRER 11. The Commonwealth Defendants demur to the Plaintiff s Complaint for the following reasons: (a) Plaintifffails to state a claim of medical malpractice against the Commonwealth Defendants; (b) The Commonwealth Defendants are immune from suit under the Sovereign Immunity Act, 42 Pa.C.SA 98522; (c) Superintendent Meyers is not a medical professional and not directly involved in the medical treatment of inmates at SCI-Rockview; (d) The allegations of negligence against the Commonwealth Defendants are vague and insufficient; (e) The only specific allegation against Defendant Lidgett is that the Plaintiffs father contacted Lidgett and told him that the Plaintiff was not receiving necessary medical care. See Plaintiffs Complaint at ~18(a); (f) The Plaintiff merely assumes that Superintendent Meyers had notice of the Plaintiff s alleged lack of adequate medical care, but gives no factual basis for this assumption. See Complaint at ~18G); and 3 r~~ ~ ~ 1 ~ (g) The Commonwealth and the Commonwealth Defendants are immune from Plaintiffs claim for punitive damages. WHEREFORE, the Commonwealth Defendants request that Plaintiffs Complaint be dismissed. Respectfully submitted, ///} I Raym d W. Dorian Assis ant Counsel Attorney LD. No. 48148 P A Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: February 9, 2001 4 I, . The Law Offices of SPERO T. LAPPAS 205 State street Post Office Box 808 Harrisburg, Pennsylvania 17108-0808 (717) 238-4286 By: SPERO T. LAPPAS, Esquire Pa. Supreme Court identification no. 25745 ATTORNEY FOR THE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GERALD RICHARD LEYRER, JR. : Plaintiff : : v. : : LARRY LIDGETT, RN, : Defendant : ROBERT MEYERS, : Defendant : WEXFORD HEALTH RESOURCES, : Defendant : JOHN SYMONS, M.D., Defendant : BRIAN PERIERA, M.D., : Defendant : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF CORRECTIONs : Defendant : CIVIL NO. 2000-1402 JURY TRIAL DEMANDED COMPLAINT REsPECTFULLY SUBMITTED, January 24, 2001 The T. LAPPAS By: PPAS, Esquire 205 State Street P.O. Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 ATTORNEY FOR THE PLAINTIFF EXHiBIT The Law Offices of sPERO T. LAPPAS Page 1 .~ J A _f. COMPLAINT AND NOW, comes the Plaintiff RICHARD LEYRER, by and through his attorneys The Law Offices of SPERO T. LAPPAS, and makes his amended complaint against the above captioned Defendants: PRELIMINARY AVERMENTS 1. The Plaintiff is an adult individual. 2. The individual defendants are adult individuals who, to the best of Plaintiff's knowledge and belief, reside within the Commonwealth of Pennsylvania. 3. On all dates material to this Complaint, Larry Lidgett, R. N . was employed as an agent, servants I and employee of the Commonwealth of Pennsylvania Department of Corrections and the as a Correctional Health Care Administrator for SCI Rockview. 4. Defendant Robert W. Meyers was at all times pertinent to this Complaint the Superintendent of the State Correctional Institution at Rockview. In that capacity, he had direct and supervisory authority for all operations of the institution, including the medical department. In that capacity, the Plaintiff believes that Defendant Meyers would have, in the normal course of administrative affairs, received notice of the matters complained of in this Complaint. 5. Defendant John Symons was at all times relevant to this cause of action a medical doctor. From on or before September 1998 The Law Offices of SPERO T. LAPPAS Page 2 ~~~ -I to the present he was working at the State Correctional Institution at Rockview. To the Plaintiff's best information, he was an agent, official, and employee of a company known as Wexford Health Sources (hereinafter Wexfordl. Wexford was, to Plaintiff's knowledge, a contractor with the Commonwealth of Pennsylvania and/or with the Pennsylvania Department of Corrections and/or with the State Correctional Institution at Rockview, and/or with some other state agency, official, or entity, in this capacity, Wexford and through Wexford, Defendant Symons was responsible along with the other Defendants to provide medical services to the Plaintiff and other inmates at the State Correctional Institute at Rockview. Because. of his relationship to the Commonwealth, and because of Wexford's relationship to the Commonwealth, Defendant Symons is a state agent for purposes of this lawsuit. 6. Defendant Bryan Periera was at all times relevant to this cause of action a medical doctor. From up to on or about September 1998 he was working at the State Correctional Institution at Rockview. To the Plaintiff's best information, he was an agent, official, and employee of a company known as Wexford Health Sources (hereinafter Wexford). Wexford was, to Plaintiff's knowledge, a contractor with the Commonwealth of Pennsylvania and/or with the Pennsylvania Department of Corrections and/or with the State Correctional Institution at Rockview, and/or with some other state agency, official, or entity, in this capacity, Wexford and through Wexford, Defendant periera was responsible along with the other The Law Offices of SPERO T. LAPPAS Page 3 i..:'1t!-~, - 0 .-' Defendants to provide medical services to the Plaintiff and other inmates at the State Correctional Institute at Rockview. Because of his relationship to the Commonwealth, and because of Wexford's relationship to the Commonwealth, Defendant periera is a state agent for purposes of this lawsuit. 7. Defendant Wexford Health Sources is a business corporation having as its principle business address 381 Mansfield Avenue, Suite 205, Pittsburgh, PA 15220. Defendant Wexford, at all times relevant to this Complaint was a contract holder with the Pennsylvania Department of Corrections or the Commonwealth of Pennsylvania, or with a state agency, official, or entity, and in this capacity was responsible, along with the other Defendants, to provide medical services to the Plaintiff and other inmates at the State Correctional Institute at Rockview on all relevant dates. Acco:tdingly, for the purposes of this lawsuit, Defendant Wexford is a state agent. 8. All actions described in this Complaint as being taken by Larry Lidgett, R.N. was taken in the course and scope of his employment as a Correctional Health Care Administrator with the Commonwealth of Pennsylvania Department of Corrections. 9. On all dates material to this Complaint, John Symons, M.D. and Bryan Periera, M.D. were employed as agents, servants, and employees of Wexford who had a contractual agreement with the Department of Corrections to provide medical services to inmates at SCI Rockview. The Law Offices of SPERO T. LAPPAS Page 4 " -'" -I' ~ I ~ , <0. 10. All actions described in this Complaint as being taken by John Symons, M. D. were taken in the course and scope of his employment as a Medical Director for Wexford. 11. All actions described in this Complaint as being taken by Brian Periera, M. D. were taken in the course and scope of his employment as a Medical Director for Wexford. 12. The Defendants' actions and policies as described in this Complaint were negligent, or in the alternative grossly negligent, or in the alternative reckless, or in the alternative knowingly unlawful, or on the alternative intentionally unlawful; 13. The Defendants' actions as described in this Complaint were not privileged. In the alternative, if any privilege did or otherwise would have attached to these actions, that privilege was abused by the Defendants and lost. The abuse of privilege took place by virtue of the Defendants' negligence, recklessness, gross negligence, malice, and/or intentional wrongdoing. 1,11. All harms, damages, and injuries suffered by the Plaintiff was the direct, legal and proximate results of the wrongful acts of the Defendants as described in this Complaint. FACTS 15. On or about March 11, 1998 the Plaintiff was an inmate at the State Correctional Institution at Rockview. He was the victim of an assault on that date. 16. At that time, date and place, Defendant Lidgett was employed as a Correctional Health Care Administrator for the The Law Offices of SPERO T. LAPPAS Page 5 h~ _ 1- --', ~ ,~ Commonwealth of Pennsylvania Department of Corrections, stationed at the State Correctional Institution at Rockview. 17. After the assault of March 11, 1998, Plaintiff was. seen briefly at the infirmary of the State Correctional Institute at Rockview. Although he received some "treatment" at that time, date, and place, the treatment which he received was woefully inadequate to the injuries which he had sustained. 18. Over the course of the next two years, the Defendants ignored the serious nature of Plaintiff's injuries and failed to provide him with the medical care, treatment, and services which were reasonably necessary to accommodate his needs. The Defendants had notice of the Plaintiff's condition and had actual notice of his need for medical services above and beyond that which the Defendants and the Commonwealth were providing. This notice came, inter alia, in the following fashions: a. Defendant's father, Gerald Leyrer, Sr., contacted the State Correctional Institution at Rockview, Defendant Lidgett, and perhaps other Defendants as well, on a repeated and continuous basis, making them all aware of the Plaintiff's need for medical services, and further, making them aware of the fact that he was not receiving the kind and type of medical services which were reasonably necessary to accommodate his needs. b. On or about June 1, 1998, some or all of the Defendants received or were made aware of a letter from Dr. Harold The Law Offices of SPERO T. LAPPAs Page 6 - - ~ Raney, D.M.D., which described the Plaintiff's condition and further describes his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. c. On or about October 2, 1998, some or all of the Defendants received or were made aware of a letter from Dr. Steven Yovino, D.M.D., which described the Plaintiff's condition and further described his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. d. On or about April 28, 1999, some or all of the Defendants received or were made aware of a letter from .Dr. Paul Rollins, M.D., which described the Plaintiff's condition and further described his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. The Law Offices of SPERO T. LAPPAs Page 7 f'e. . ~r " e. On or about August 2, 1999, some or all of the Defendants received or were made aware of a letter from Dr. Paul Rollins, M.D., which described the Plaintiff's condition and further describes his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. f. From on or about January 5, 2000, some or all of the defendants received or were made aware of a letter from Dr. George C. Sotereanos, D.M.D., which described the Plaintiff's condition and further describes his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. g. The Defendants, or some of them, received reports from othe'r medical providers and other Defendants, making each and every one of the Defendant aware of the Plaintiff's need for medical services above and beyond that which he was receiving. h. Some or all of the Defendants actually saw the Plaintiff, examined him, and were personally aware of his need for The Law Offices of SPERO T. LAPPAS Page 8 - . I~~~ ~. ~ or, , ~ medical services above and beyond that which were being provided. i. Larry Lidgett had actual knowledge of. the Plaintiff I s condition and spoke to the Plaintiff's father on several occasions on which Lidgett was advised on the Plaintiff's need for additional medical care beyond that which was being provided. j. Defendant Robert W. Meyers was at all times pertinent to this action the Superintendent of the State Correctional .. Institution at Rockview. In that capacity, he had direct and supervisory authority for all operations of the institution, including the medical department. In that capacity, the Plaintiff believes that Defendant Meyers would have, in the normal course of administrative affairs, received notice of the matters complained of in this Amended Complaint. 19. The plaintiff was transferred to the infirmary unit of the prison where he subsequently underwent x-rays and a cat scan. 20. Some or all of the defendants received actual notice of the plaintiff's medical condition by physical and visual observation of the plaintiff and from the x-rays and cat scan reports which revealed that the plaintiff had sustained fractures to two ribs as well as multiple facial fractures. 21. In'addition to their own observations one or more of the defendants received notice from physicians outside of the prison The Law Offices of SPERO T. LAPPAs Page 9 I. ," '-I-~ ~ medical facility who examined the plaintiff and indicated in written reports that the severity of plaintiff's injuries were such that facial reconstructive surgery was required. 22. In addition to the other averments of this Amended Compl~int, The Plaintiff while an inmate at SCI-Rockview and the Department of Corrections had other serious health and medical problems, including those involving his knee, his digestive system and his ribs. He needed, for those conditions, medical care and treatment which Defendants did not provide despite Defendant's knowledge of Plaintiff's legitimate medical needs. 23. In spite of all of the notice, knowledge, and information which the Defendants received and accumulated over the years, the Defendants never provided the Plaintiff with the kind of medical care, treatment, and services which were reasonably and constitutionally required. 24. The Plaintiff did not timely receive the facial reconstructive surgery which the defendants were advised was necessary to relieve his symptoms and correct his facial deformities. 25. During their relationships with Plaintiff, each defendant was negligent, careless, reckless, and violated the appropriate standards of medical care and practice in that inter alia: a. Each failed to correctly diagnose the true nature of his medical condition, and/or to do so ina timely fashion; b. Each failed to take reasonable and necessary steps to The Law Offices of SPERO T. LAPPAS Page 10 , ..,.~~. ,- -- 'I .~ treat such condition, and/or to do so in a timely fashion; c. Each failed to evaluate plaintiff for the injuries and medical conditions described in this complaint; d. Each failed to perform necessary tests or to order that necessary tests be performed upon plaintiff, and/or to do so in a timely fashion; e. Each improperly diagnosed plaintiff's condition; f. Each failed to possess the requisite degree of knowledge and skill required under the circumstances; g. Each failed to procure adequate and timely consulting opinions about plaintiff's condition, and/or to do so in a timely fashion; h. Each failed to perform the procedures (or order them to be performed) and each failed to provide the necessary care (or order that it be provided) which was described in the consulting opinions which the defendants did receive or which was otherwise recommended to the defendants and which was necessary and proper; i. Each failed to synthesize and assess available clinical data, and/or to do so in a timely fashion; j. Each failed to provide plaintiff with necessary care, treatment, therapy, or other necessary and required medical attention, and/or to do so in a timely fashion. 26. The defendants' action in this case constituted a The Law Offices of SPERO T.LAPPAS Page 11 !'A~~ ~ ~ , -- ...,,"~ deliberate indifference to the Plaintiff's serious need for medical attention of which the defendants were aware. 27. All actions described. in this Complaint as being taken by Commonwealth of Pennsylvania officials, employees, or agencies were taken pursuant to official policies of the Commonwealth of Pennsylvania Department of Corrections and such actions constitute, implement and execute policies officially adopted and promulgated by officials of the Department of Corrections. 28. All harms, damages, and injuries suffered by the Plaintiff and described in this Complaint were the legal, direct, and proximate results of the wrongful acts of each individual Defendant; in the alternative, all harms, damages, and injuries were the direct, legal, and proximate results of the wrongful acts of two or more of the Defendants acting in concert, and therefore, all Defendants are jointly and severally liable for these losses. 29. All of the Defendants' actions described within this Complaint either infra or supra, were intentional, malicious and taken in bad faith; in the alternative, those actions were reckless; in the alternative, those actions were negligent. 30. All of the Defendants I actions described within this Complaint either infra or suora, constitute medical malpractice, institutional negligence, violations of the various duties which the defendants owed to the Plaintiff, and violations of the defendants duties of due care. 31. As the direct, legal, and proximate result of the The Law Offices of SPERO T. LAPPAS Page 12 ~...,~~. T"'" "- -, ,~-~_.- Defendants' negligence, carelessness, lack of due care, recklessness, and other wrongful conduct, the Plaintiff suffered and, with respect to some or all of the following, continues to suffer injuries, damages, and losses, including inter alia: a. physical and mental pain and suffering; b. total disability; c. incapacity; d. disability; e. inconvenience and loss of life's pleasures. f. He has been forced to undergo great and substantial inconvenience, aggravation, and loss of life's pleasures; g. He has suffered grave and severe injuries, and the physical injuries which he sustained in the assault have been aggravated and have been allowed to progress unto more serious and different kinds of physical injuries, including without Yimitation the following: facial paralysis, hearing loss, partial blindness, severe facial scarring and disfigurement, injuries to his mouth and teeth. h. Now that he has been released from incarceration, he will be prevented in taking part in and performing the activities of his home life, personal life, and social and recreational activities and will suffer a loss of income and/or earning capacity. i. He will be forced, in the future, to undergo medical The Law Offices of SPERO T. LAPPAS Page 13 p- , ~. - treatment, services, and possibly surgery, above and beyond that which would have otherwise been necessary had his medical needs been dealt with in a timely fashion. 32. All of the harms, damages, and losses described in this Complaint will continue unto the future. COUNT 1 GERALD RICHARD LEYRER, JR. v. LARRY LIDGETT, R.N. 33. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment Defendant for compensatory and punitive damages, litigation and attorney's fees. COUNT 2 GERALD RICHARD LEYRER, JR, v. ROBERT MEYERS 34. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. COUNT 3 GERALD RICHARD LEYRER, JR, v. JOHN SYMONS, M.D. 35. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment against this Defendant for compensatory and punitive damages, plus costs of against this plus costs of The Law Offices of SPERO T. LAPP AS Page 14 :'!3I!1l1_ I~ - --" +, , ..~ ~"l"F litigation and attorney's fees. COUNT 4 GERALD RICHARD LEYRER, JR, v. BRIAN PERIERA, M.D. 36. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. COUNT 5 GERALD RICHARD LEYRER, JR, v. WEXFORD HEALTH SOURCES 37. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. COUNT 6 GERALD RICHARD LEYRER, JR, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS 38. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. The Law Offices of SPERO T. LAPPAS Page 15 -\~ ,. I '; ~ ,-, -~ COUNT 7 GERALD RICHARD LEYRER, JR, V. ALL DEFENDANTS 39. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the Plaintiff demands judgment against all Defendants, jointly and severally for compensatory and punitive damages, plus cost of litigation and attorneys fees. RESPECTFULLY SUBMITTED, T. LAPPJ'?S J By: T PPAS, Esquire Pa. supreme Ct. ID no, 25745 205 state Street P.O. Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 ATTORNEYS FOR THE PLAINTIFF The Law Offices of SPERO T. LAPPAS Page 16 I 1,;'1_ , l'~ ,". ,",. ~ ~ ~" 01125/01 22:03 FAX 14I1s The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, Pennsylvania 17108-0808 (717) 238-4286 I. VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNsEL l. I verify that the averments in the foregoing COMPLAINT are based upon the information which has been gathered by my counsel in preparation of this lawsuit. 2. The language of this COMPLAINT is that of counsel and is not mine. 3. I have read the COMPLAINT and, to the extent that it is based upon information ~hich I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. 4. To the extent that the contents of the COMPLAINT are that of counsel, I have relied upon counsel in making this Verification. S. I understand that intentional false statements herein are made subject to the penalties of lB Pa.C.S.A. li4904 relating to unsworn falsifications made to authorities. , / .~. '~--;).h/;;{;--' ,./7 <.'. :..--- -' " . -, . ~ ~~./.:~ 4:.../, -:-..I-,~.",:.. _. ;-;/ y~. - ,/-,/ , PLA-INTIFF / January 24, 2001 / The Law Offices of SPERO T. LAPPAS Page 17 --.'1""""- .. ~ '~ The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, Pennsylvania 17108-0808 (717) 238-4286 CERTIFICATE OF SERVICE I hereby certify that on this date I served a true copy of the attached document upon the person (s) named below by mailing a copy addressed as follows, postage pre-paid, deposited into the U. S. Mail at Harrisburg, Pa. RAYMOND DORIAN, ESQUIRE PA DEPARTMENT OF CORRECTIONS OFFICE OF CHIEF COUNSEL 55 UTLEY DRIVE CAMP HILL, PA. 17011 JAMES YOUNG, ESQUIRE P.O. BOX 1245 HARRISBURG, PA. 17108-1245 RESPECTFULLY SUBMITTED, Th s of SPERO T. LAPPAs ~ Januar0' 2001 Law Offices of SPERO T. LAPPAS ~, ,,~ , 0 '0 .,~.--,~ The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, Pennsylvania 17108-0808 (717) 238-4286 By: SPERO T. LAPPAS, Esquire Pa. Supreme Court identification no. 25745 ATTORNEY FOR THE PLAINTIFF IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA RICHARD LEYRER, Plaintiff CIVIL NO. 4:CV-00-0469 v. JURY TRIAL DEMANDED LARRY LIDGETT, RN, individually and in his official capacity as an agent, servant, and employee of the Commonwealth of Pennsylvania Defendant JUDGE: ROBERT MEYERS, individually and in his official capacity as an agent, servant, and employee of the Commonwealth of Pennsylvania Defendant F;~ CD. 'll.-::'-"': HARl:l~"":<"'''''''"' l"~'-""":'-'-i-';.j WEXFORD HEALTH RESOURCES, Defendant DEe 0 4 2000 "ARY E DO. 'r:n ,;" ^ ,,"" ~"'/ IVI~"''''''-'''''' . ...' ~~r'l ;..i....._. ..\. Per _. __ ,-:=.~~'.': .--'--~~-..~ and JOHN SYMONS, M.D., Defendant BRIAN PERI ERA , M.D., Defendant (JUDGE MUIR) AMENDED COMPLAINT AND NOW, comes the Plaintiff RICHARD LEYRER, by and through The Law Offices of SPERO T. LAPPAS EXHIBIT I B Page 1 , .. .. ~" his attorneys The Law Offices of SPERO T. LAPPAS, and makes his amended complaint against the above captioned Defendants: FACTS AND PRELIMINARY AVERMENTS 1. The Plaintiff is an adult individual. 2. The individual defendants are adult individuals who, to the best of Plaintiff's knowledge and belief, reside within the Middle District of Pennsylvania. 3. On all dates material to this Complaint, Larry Lidgett, R.N. was employed as an agent, servants, and employee. of' the Commonwealth of Pennsylvania Department of Corrections and the as a Correctional Health Care Administrator for SCI Rockview. 4. Defendant Robert W. Meyers was at all times pertinent to this Complaint the Superintendent of the State Correctional Institution at Rockview. In that capacity, he had direGt and supervisory authority for all operations of the institution, including the medical department. In that capacity, the Plaintiff believes that Defendant Meyers would have, in the normal course of administrative affairs, received notice of the matters complained of in this Amended Complaint. s. Defendant John Symons was at all times relevant to this cause of action a medical doctor. From on or before September 1998 to the present he was working at the State Correctional Institution at Rockview. To the Plaintiff's best information, he was an agent, official, and employee of a company known as Wexford Health Sources (hereinafter Wexford). Wexford was, to Plaintiff's knowledge, a The Law Offices of SPERO T. LAPPAS Page 2 - 1-- - contractor with the Commonwealth of Pennsylvania and/or with the Pennsylvania Department of Corrections and/or with the State Correctional Institution at Rockview, and/or with some other state agency, official, or entity, in this capacity, Wexford and through Wexford, Defendant Symons was responsible along with the other Defendants to provide medical services to the Plaintiff and other inmates at the State Correctional Institute at Rockview. Because of his relationship to the Commonwealth, and because of Wexford's relationship to the Commonwealth-, Defendant Symons is a state actor for purposes of this lawsuit. 6. Defendant Bryan Pereira was at all times relevant to this cause of action a medical doctor. From up to on or about September 1998 he was working at the State Correctional Institution at Rockview. To the Plaintiff's best information, he was an agent, official, and employee of a company known as Wexford Health Sources (hereinafter Wexford). Wexford was, to Plaintiff's knowledge, a contractor with the Commonwealth of Pennsylvania and/or with the Pennsylvania Department of Corrections and/or with the State Correctional Institution at Rockview, and/or with some other state agency, official, or entity, in this capacity, Wexford and through Wexford, Defendant periera was responsible along with the other Defendants to provide medical services to the Plaintiff and other inmates at the State Correctional Institute at Rockview. Because of his relationship to the Commonwealth, and because of Wexford's relationship to the Commonwealth, Defendant periera is a state The Law Offices of SPERO T. LAPPAS Page 3 rT _J actor for purposes of this lawsuit. 7. Defendant Wexford Health Sources is a business corporation having as its principle business address 381 Mansfield Avenue, Suite 205, Pittsburgh, PA 15220. Defendant Wexford, at all times relevant to this Complaint was a contract holder with the Pennsylvania Department of Corrections or the Commonwealth of Pennsylvania, or with a state agency, official, or entity, and in this capacity was responsible, along with the other Defendants, to provide medical services to the Plaintiff.and other inmates at the State Correctional Institute at Rockview on all relevant dates. Accordingly, for the purposes of this lawsuit, Defendant Wexford is a state actor. 8. All actions described in this Complaint as being taken by Larry Lidgett, R.N. was taken in the course and scope of his employment as a Correctional Health Care Administrator with the Commonwealth of Pennsylvania Department of Corrections. 9. On all dates material to this Complaint, John Symons, M.D. and Bryan periera, M.D. were employed as agents, servants, and employees of Wexford who had a contractual agreement with the Department of Corrections to provide medical services to inmates at SCI Rockview. 10. All actions described in this Complaint as being taken by John Symons, M.D. were taken in the course and scope of his employment as a Medical Director for Wexford. 11. All actions described in this Complaint as being taken by The Law Offices of SPERO T. LAPPAS Page 4 '-- ""-~ I~- .~. ~I Brian Periera, M.D. were taken in the course and scope of his employment as a Medical Director for Wexford. 12. The Defendants' actions and policies as described in this Complaint were unlawful, unconstitutional, defective, and likely to lead to violations of Eighth and Fourteenth Amendment rights as described in this Complaint. 13. The Defendants' actions as described in this Complaint were not privileged. In the alternative, if any privilege did or otherwise would have attached to these actions, that privilege was abused by the Defendants and lost. The abuse of privilege took place by virtue of the Defendants' negligence, recklessness, gross negligence, malice, and/or intentional wrongdoing. 14. All of the Defendants' actions described within this Complaint either infra or suora, were taken under color of state law. 15. All harms, damages, and injuries suffered by the Plaintiff was the direct, legal and proximate results of the wrongful acts of the Defendants as described in this Complaint. 16. This cause of action is brought pursuant to Title 42, United States Code, !i 1983 et ~ and the Eighth and the Fourteenth Amendments to the United States Constitution. 17. This court has jurisdiction over this case pursuant to Title 28, United States Code, !i 1331 and !i 1341 and the aforementioned statutory and constitutional provisions. 18. The plaintiff further invokes the pendent jurisdiction of The Law Offices of SPERO T. LAPPAS Page 5 ~I~"- this Court to hear and decide claims arising under State law. FACTS 19. On or about March 11, 1998 the Plaintiff was an inmate at the State Correctional Institution at Rockview. He was the victim of an assault on that date. 20. At that time, date and place, Defendant Lidgett was employed as a correctional Health Care Administrator for the Commonwealth of pennsylvania Department of Corrections, stationed at the State Correctional Institution at Rockview. 21. After the assault of March 11, 1998, Plaintiff was seen briefly at the infirmary of the State Correctional Institute at Rockview. Although he received some "treatment" at that time, date, and place, the treatment which he received was woefully inadequate to the injuries which he had sustained. 22. Over the course of the next two years, the Defendants ignored the serious nature of Plaintiff's injuries and failed to provide him with the medical care, treatment, and services which were reasonably necessary to accommodate his needs. The Defendants had notice of the Plaintiff's condition and had actual notice of his need for medical services above and beyond that which the Defendants and the Commonwealth were providing. This notice can, inter alia, in the following fashions: a. Defendant's father, Gerald Leyrer, Sr., contacted the State Correctional Institution at Rockview, The Law Offices of SPERO T. LAPPAS Page 6 .,~~" - ~"" - Defendant Lidgett, and perhaps other Defendants as well, on a repeated and continuous basis, making them all aware of the Plaintiff's need for medical services, and further, making them aware of the fact that he was not receiving the kind and type of medical services which were reasonably necessary to accommodate his needs. b. On or about June 1, 1998, some or all of the Defendants received or were made aware of a letter from Dr. Harold Haney, D.M.D., which described the Plaintiff's condition and further describes his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. c. On or about October 2, 1998, some or all of the Defendants received or were made aware of a letter from Dr. Steven Yovino, D.M.D., which described the Plaintiff's condition and further described his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff The Law Offices of SPERO T. LAPPAS Page 7 " -" with the kind of medical services which reasonably accommodated his needs. d. On or about ,April 28, 1999, some or all of the Defendants received or were made aware of a letter from Dr. Paul Rollins, M. D., which described the Plaintiff's condition and further described his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. e. On or about August 2, 1999, some or all of the Defendants received or were made aware of.. a letter . from Dr. Paul Rollins, M.D." which described the Plaintiff's condition and further describes his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. f. From on or about January 5, 2000, some or all of the defendants received or were made aware of a letter from Dr. George C. Sotereanos, D.M.D., The Law Offices of SPERO T. LAPPAS Page 8 i'lfm 1""'- - """"~ which described the Plaintiff's condition and further describes his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not p~ovide Plaintiff with the kind of medical services which reasonably accommodated his needs. g. The Defendants, or some of them, received reports from other medical providers and other Defendanes, making each and every one of the Defendant aware of the Plaintiff's need for medical services above and beyond that which he was receiving. h. Some or all of the Defendants actually saw the plaintiff, examined him, and were personally aware of his need for medical services above and beyond that which were being provided. i. Larry Lidgett had actual knowledge of the Plaintiff's condition and spoke to the Plaintiff's father on several occasions on which Lidgett was advised on the Plaintiff I s need for additional medical care beyond that which was being provided. j. Defendant Robert W. Meyers was at all times pertinent to this action the Superintendent of the State Correctional Institution at Rockview. In that capacity, he had direct and supervisory The Law Offices of SPERO T. LAPPAS Page 9 !!I~~ _,~ , . - authority for all operations of the institution, including the medical department. In that capacity, the Plaintiff believes that Defendant Meyers would have, in the normal course of administrative affairs, received notice 9f the matters complained of in this Amended Complaint. 23. The plaintiff was transferred to the infirmary unit of the prison where he subsequently underwent x-rays and a cat scan. 24. Some or all of the defendants received actual notice of the plaintiff'S medical condition by physical and visual observation of the plaintiff and from the x-rays and cat scan reports which revealed that the plaintiff had sustained fractures to two ribs as well as multiple facial fractures. 25. In addition to their own observations one or more of the defendants received notice from physicians outside of the prison medical facility who examined the plaintiff and indicated in written reports that the severity of plaintiff's injuries were such that facial reconstructive surgery was required. 26. In addition to the other averments of this Amended Complaint, The Plaintiff while an inmate at SCI-Rockview and the Department of Corrections had other serious health and medical problems, including those involving his knee, his digestive system and his ribs. He needed, for those conditions, medical Care and treatment which Defendants did not provide despite Defendant's knowledge of Plaintiff's legitimate medical needs. The Law Offices of SPERO T. LAPPAS Page 10 l~ ~ 0."-- 27. In spite of all of the notice, knowledge, and information which the Defendants received and accumulated over the years, the Defendants never provided the Plaintiff with the kind of medical care, treatment, and services which were reasonably and constitutionally required. 28. The Plaintiff has never received the facial reconstructive surgery which the defendants were advised was necessary to relieve his symptoms and correct his facial deformities. 29. The defendants' action in this case constituted a deliberate indifference to the Plaintiff I s serious need for medical attention of which the defendants were aware and thus were in violation of the Eighth and Fourteenth Amendments to the United States Constitution. 30. All actions described in this Complaint as being taken by Commonwealth of Pennsylvania officials, employees, or agencies were taken pursuant to official policies of the Commonwealth of Pennsylvania Department of Corrections and such actions constitute, implement and execute policies officially adopted and promulgated by officials of the Department of Corrections. 31. All harms, damages, and injuries suffered by the Plaintiff and described in this Complaint were the legal, direct, and proximate results of the wrongful acts of each individual Defendant; in the alternative, all harms, damages, and injuries were the direct, legal, and proximate results of the wrongful acts The Law Offices of SPERO T. LAPPAS Page 11 ;r_ r- .-" ~' of two or more of the Defendants acting in concert, and therefore, all Defendants are jointly and severally liable for these losses. 32. All of the Defendants' actions described within this Complaint either infra or suora, were intentional, malicious and taken in bad faith; in the alternative, those actions were reckless; in the alternative, those actions were negligent. 33. All of the Defendants' actions described within this Complaint either infra or supra, constitute medical malpractice, institutional negligence, violations of the various duties which the defendants owed to the Plaintiff, and violations of the defendants duties of due care. 34. As the' direct, legal, and proximate result of the Defendants' negligence, carelessness, lack of due care, recklessness, and other wrongful conduct, the Plaintiff suffered and, with respect to some or all of the following, continues to suffer injuries, damages, and losses, including inter alia: a. physical and mental pain and suffering; b. total disability; c. incapacity; d. disability; e. inconvenience and loss of life's pleasures. f. He has been forced to undergo great and substantial inconvenience, aggravation, and loss of life's pleasures; g. He has suffered grave and severe inj.uries, and the The Law Offices of SPERO T. LAPPAS Page 12 11il"',,~.." , 1= ~- .. -- -" , physical injuries which he sustained in the assault have been aggravated and have been allowed to progress unto more serious and different kinds of physical injuries, including without limitation the following: facial paralysis, hearing loss, partial blindness, severe facial scarring and disfigurement, injuries to his mouth and teeth. h. Now that he has been released from incarceration, he will be prevented in taking part in and performing the activities of his home life, personal life, and social and recreational activities and will suffer a loss of income and/or earning capacity. i. He will be forced, in the future, to undergo medical treatment, services, and possibly surgery, above and beyond that which would have otherwise been necessary had his medical needs been dealt with in a timely fashion. 35. All of the harms, damages, and losses described in this complaint will continue unto the future. COUNT 1 - VIOLATION OF CIVIL RIGHTS GERALD RICHARD LEYRER, JR. v. LARRY LIDGETT, R.N. 36. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. The Law Offices of SPERO T. LAPPAS Page 13 "'-Ill!\, _ ~ " o ~ ",-",",~._' COUNT 2 - VIOLATION OF CIVIL RIGHTS GERALD RICHARD LEYRER, JR, v. ROBERT MEYERS 37. All other paragraphs of this Complaint incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment Defendant for compensatory and punitive damages, litigation and attorney's fees. WHEREFORE, the PLAINTIFF demands judgment Defendant for compensatory and punitive damages, litigation and attorney's fees. against this plus costs of are hereby against this plus costs of COUNT 3 - VIOLATION OF CIVIL RIGHTS GERALD RICHARD LEYRER, JR, v. JOHN SYMONS, M.D. 38. All other paragraphs of this Complaint are incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment Defendant for compensatory and punitive damages, litigation and attorney's fees. hereby against this plus costs of COUNT 4 - VIOLATION OF CIVIL RIGHTS GERALD RICHARD LEYRER, JR, v. BRIAN PERIERA, M.D. 39. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment against this The Law Offices of SPERO T. LAPPAS Page 14 Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. COUNT 5 - VIOLATION OF CIVIL RIGHTS GERALD RICHARD LEYRER, JR, v. WEXFORD HEALTH SOURCES 40. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgement against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. COUNT 6 - VIOLATION OF CIVIL RIGHTS GERALD RICHARD LEYRER, JR, V. ALL DEFENDANTS 41. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the Plaintiff demands judgment against all Defendants, jointly and severally for compensatory and punitive damages, plus cost of litigation and attorneys fees. COUNT 7 - VIOLATION OF STATE LAW GERALD RICHARD LEYRER, JR, v. LARRY LIDGETT, R.N. 42 . All other paragraphs of this Complaint are incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgement Defendant for compensatory and punitive damages; hereby against this plus costs of The Law Offices of SPERO T. LAPPAS Page 15 ~ --I". , "~ litigation and attorney's fees. COUNT 8 - VIOLATION OF STATE LAW GERALD RICHARD LEYRER, JR, v. ROBERT MEYERS 43. All other paragraphs of this Complaint incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgement Defendant for compensatory and punitive damages, litigation and attorney's fees. are hereby against this plus costs of COUNT 9 - VIOLATION OF STATE LAW GERALD RICHARD LEYRER, JR, v. JOHN SYMONS, M. D . 44. All other paragraphs of this Complaint are incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgement Defendant for compensatory and punitive damages, litigation and attorney's fees. hereby against this plus costs of COUNT 10 - VIOLATION OF STATE LAW GERALD RICHARD LEYRER, JR, v. BRIAN PERIERA, M.D. 45. All other paragraphs of this Complaint are incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgement Defendant for compensatory and punitive damages, litigation and attorney's fees. hereby against this plus costs of The Law Offices of SPERO T. LAPPAS Page 16 ~",~ ,. =~ - ." ~ ~ .~" ...= COUNT 11 - VIOLATION OF STATE LAW GERALD RICHARD LEYRER, JR, v. WEXFORD HEALTH SOURCES 46. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgement against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. COUNT 12 - VIOLATION OF STATE LAW GERALD RICHARD LEYRER, JR, V. ALL DEFENDANTS 47 . All other paragraphs of this Complaint are hereby incorporated into this CQunt by reference thereto. WHEREFORE, the Plaintiff demands judgment against all Defendants, jointly and severally for compensatory and punitive damages, plus cost of litigation and attorneys fees. RESPECTFULLY SUBMITTED, T. LAPPAS By. ,------__ T. LAPPAS, Esquire Pa. Supreme Ct. rD no. 25745 205 State Street P.O. Box 808 HarriSburg, PA 17l08-0808 (717). 238-4286 ATTORNEYS FOR THE PLAINTIFF The Law Offices of SPERO T. LAPPAS Page 17 -~ . ~ The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, PA 17108-0808 (717) 238-'1<286 By: SPERO T. LAPPAS, Esquire Pa. Supreme Court identification no. 25745 ATTORNEY FOR THE PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that on this date I served a true copy of the attached document upon the person(s) named below by mailing a copy addressed as follows, postage pre-paid, deposited into the U.S. Mail at Harrisburg, PA. Raymond W. Dorian, Esquire Pa. Department of Corrections 55 Utley Drive camp Hill, PA 17001 James D. Young, Esquire Lavery, Faherty, Young & patterson, P.C. P.O. Box 1245 Harrisburg, PA 17108-1245 Gerald Richard Leyrer, Jr. 1337 Cherry Street Pottstown, PA 19464 RESPECT MITTED, Th T. LAPPAS By: SPERO T. LAPPAS, ESQUIRE Pa. Supreme Ct. ID No. 25745 205 State Street P.O. Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 DATE: [e.) c{ ~C) ~. \, ~'.a ~-~, I' '-- ~- - . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff, Civil Term 00-1402 v. LARRY LIDGETT, et aI., Defendants CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Commonwealth Defendants' Preliminary Objections to Plaintiff's Complaint upon the person(s) and in the manner indicated below. Service by first-class mail addressed as follows: Spero T. Lappas, Esquire Law Offices of Spero T. Lappas 205 State Street P.O. Box 808 Harrisburg, PA 17101-0808 James D. Young, Esquire Lavery, Faherty, Young & Patterson P.O. Box 124 Harrisburg, PA 17108-1245 P A Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated.: February 9, 2001 -'1i! ,- ,. ~, ,~ . I , ! 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"' r ( , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff CIVIL TERM 00-1402 vs. Gudge Kevin Hess) LARRY LIDGETT, et aL, Defendants ORDER AND NOW, this day of , 2001, upon consideration of the Wexford Defendants' Preliminary Objections to Plaintiff's Complaint and Plaintiff's response thereto, it is hereby ORDERED, ADJUDGED and DECREED that said Preliminary Objections are GRANTED and Plaintiff's Complaint against the Wexford Defendants is dismissed with prejudice. BY THE COURT: J. I I:,. ",".,'-' I I , . , , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff CIVIL TERM 00-1402 vs. (Judge Kevin Hess) LARRY LIDGETT, et aI., Defendants WEXFORD DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT I ; l I i I i I , I I I I I AND NOW, come Defendants, John Symons, M.D.; Bryan Pereira, M.D.; and Wexford Health Sources, Inc. (hereinafter "Wexford Defendants" or "Moving Defendants"), by and through their attorneys, Lavery, Faherty, Young & Patterson, P.e., and file these Preliminary Objections to Plaintiff's Complaint and in support thereof, aver as follows: 1. On March 10, 2000, the Plaintiff initiated this civil action by filing a Praecipe for Writ of Summons. 2. On December 28, 2000, this Honorable Court issued a Rule to File a Complaint upon the Plaintiff, directing the Plaintiff to file a complaint within 20 days of the date thereof. i:-;~,.,.. r 3. After obtaining an extension of time, the Plaintiff filed his Complaint on or about January 30, 2001. A true and correct copy of that Complaint is attached hereto and marked as Exhibit" A". 4. On March 10, 2000, Plaintiff filed an identical action in the United States Court for the Middle District of Pennsylvania which is docketed at No. 4:CV-00-0469 involving the same parties and asserting the same claims as the Complaint filed in this civil action. 5. 011 December 4, 2000, the Plaintiff filed an Amended Complaint in the federal court action. A true and correct copy of the Plaintiff's Amended Complaint is attached hereto and as marked Exhibit "B". 6. In both civil actions, the Plaintiff alleged that he received inadequate medical care while confined as an inmate at the State Correctional Institution at Rockview (hereinafter "SO-Rockview"). COUNT I - PENDENCY OF A PRIOR ACTION 7. The Wexford Defendants incorporate by reference the averments of paragraphs 1 through 6 of their Preliminary Objections to Plaintiff's Complaint as if fully set forth at length herein. 8. The Plaintiff's civil action in this Court should be stayed or dismissed, based upon the doctrine of /is pendens or the pendency of a prior action. 2 I"c. 41 .' " 9. Under the doctrine of lis pendens, a court may dismiss or stay subsequent proceedings, where it is shown that a prior case is the same, the parties are the same, and the relief requested is the same. Penox Technologies v. Foster Medical, 546 A.2d 114,115 (Pa. Super. 1988); Virginia Mansions Condominium Association v. Lampl, 522 A.2d 275, 277 (pa. Super. 1988). 10. The purpose of the lis pendens defense is to protect the defendant from harassment by having to defend civil suits in different courts on the same cause of action at the same time. Penox Technologies, 546 A.2d at 115. 11. This matter should be stayed or dismissed, since the parties are the same, the claims asserted are the same and the relief requested is the same in both civil actions. Plaintiff originally sued the same defendants in both actions, but the Department of Corrections was dropped as a defendant in the Amended Complaint in the federal court proceeding. Both actions arise out of medical treatment supplied to the Plaintiff while a prisoner at SCI-Rockview. (See Plaintiff's Complaint at 'If'lf 17 - 25.) In addition, in both civil actions, the Plaintiff requests compensatory and punitive damages, plus costs of litigation and attorney's fees. (See Plaintiff's Complaint at 'If'lf 33 - 38.) WHEREFORE, the Wexford Defendants request that this Honorable Court dismiss the Plaintiff's Complaint, or alternatively, stay this action pending the final disposition of the federal court action. 3 I,,,,," , ~I-- '. . Date: iT_',. '"-, . o 'l./,q /ZfJO I --,-. - Respectfully submitted, LAVERY, FAHERTY, YOUNG & PATTERSON, P.e. By: J uire A orney I.D. 53904 P. O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 Attorney for Defendants, John Symons, M.D.; Bryan Pereira, M.D.; and Wexford Health Sources, Inc. 4 The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, pennsylvania ~7~08-0808 (717) 238-4286 By: SPERO T. LAPPAS, Esquire . Pa. Supreme Court identification no. 25745 ATTORNEY FOR THE PLAINTIFF IN THE couRT OF COMMON PLEAS OF CUMBERLAND COUNTY GERALD RICHARD LEYRER, _JR. : P1aLntiff : CIVIL NO. 2000-~402 v. : : JURY TRIAL DEMANDED LARRY LIDGETT, RN, : Defendant : ROBERT MEYERS, : Defendant : WEXFORD HEALTH RESOURCES, : Defendant : JOHN SYMONS, M.D., Def endan t : BRIAN PERIERA, M.D., : Defendant : COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF CORRECTIONS : Defendant ,'-, -.~' , COMPLAINT RESPECTFULLY SUBMITTED, The T. LAPP AS By: PPAS, Esquire 205 State Street P.O. Box 808 Harrisburg, PA ~7~08-0808 (717) 238-4286 ATTORNEY FOR THE PLAINTIFF January 24, 200~ EXHIBIT . " ... The Law Off~ces of SPERO T. LAPPAS j Page 1 A r COMPLAINT AND NOW, comes the Plaintiff RICHARD LEYRER,by and through his attorneys The Law Offices of SPERO T. LAPPAS, and makes his amended complaint against the above captioned Defendants: PRELIMINARY AVERMENTS 1. The Plaintiff is an adult individual. 2. The individual defendants are adult individuals who, to the best of Plaintiff's knowledge and belief, reside within the Commonwealth of Pennsylvania. 3. On all dates material to this Complaint, Larry Lidgett, R.N. was, employed as an agent, servants, and employee of the Commonwealth of Pennsylvania Department of Corrections and the as a Correctional Health Care Administrator for SCI Rockview. 4. Defendant Robert W. Meyers was at all times pertinent to this Complaint the Superintendent of the State Correctional Institution at Rockview. In that capacity, he had direct and supervisory authority for all operations of the institution, including the medical department. In that capacity, the Plaintiff believes that Defendant Meyers would have, in the normal course of administrative affairs, received notice of the matters complained of in this Complaint. s. Defendant John Symons was at all times relevant to this cause of action a medical doctor. From on or before September 1998 The Law Offices of SPERO T. LAPPAS Page 2 to the present he was working at the State Correctional Institution at Rockview. To the Plaintiff's best information, he was an agent, official, and employee of a company known as Wexford Health Sources (hereinafter Wexfordl. Wexford was, to Plaintiff's knowledge, a contractor with the Commonwealth of pennsylvania and/or with the Pennsylvania Department of Corrections and/or with the State Correctional Institution at Rockview, and/or with some other state agency, official, or entity, in this capacity, Wexford and through Wexford, Defendant Symons was responsible along with the other Defendants to provide medical services to the Plaintiff and other inmates at the State Correctional Institute at Rockview. Because of his relationship to the Commonwealth, and because of Wexford's relationship to the Commonwealth, Defendant Symons is a state agent for purposes of this lawsuit. 6. Defendant Bryan Periera was at all times relevant to this cause of action a medical doctor. From up to on or about September 1998 he was working at the State Correctional Institution at Rockview. To the Plaintiff's best information, he was an agent, official, and employee of a company known as Wexford Health Sources (hereinafter Wexfordl. Wexford was, to Plaintiff's knowledge, a contractor with the Commonwealth of Pennsylvania and/or with the Pennsylvania Department of Corrections and/or with the State Correctional Institution at Rockview, and/or with some other state agency, official, or entity, in this capacity, Wexford and through Wexford, Defendant periera was responsible along with the other The Law Offices of SPERO T. LAPPAs Page 3 Defendants to provide medical services to the Plaintiff and other inmates at the State Correctional Institute at Rockview. Because of his relationship to the Commonwealth, and because of Wexford's relationship to the Commonwealth, Defendant Peri era is a state agent for purposes of this lawsuit. 7. Defendant Wexford Health Sources is a business corporation having as its principle business address 38l Mansfield Avenue, Suite 205, Pittsburgh, PA lS220. Defendant Wexford, at all times relevant to this Complaint was a contract holder with the pennsylvania Department of Corrections or the Commonwealth of Pennsylvania, or with a state agency, official, or entity, and in this capacity was responsible, along with the other Defendants, to provide medical services to the Plaintiff and other inmates. at the State Correctional Institute at Rockview on all relevant dates. Accordingly, for the purposes of this lawsuit, Defendant Wexford is a state agent. 8. All actions described in this Complaint as being taken by Larry Lidgett, R.N. was taken in the course and scope of his employment as a Correctional Health Care Administrator with the Commonwealth of Pennsylvania Department of Corrections. 9. On all dates material to this Complaint, John Symons, M.D. and Bryan periera, M.D. were employed as agents, servants, and employees of Wexford who had a contractual agreement with the Department of Corrections to provide medical services to inmates at SCI Rockview. The Law Offices qf SPERO T. LAPPAs Page 4 ''; ~- ~ 10. All actions described in this Complaint as being taken by John Symons, M.D. were taken in the course and scope of his employment as a Medical Director for Wexford. 11. All actions described in this Complaint as being taken by Brian Periera, M.D. were taken in the course and scope of his employment as a Medical Director for Wexford. 12. The Defendants' actions and policies as described in this Complaint were negligent, or in the alternative grossly negligent, or in the alternative reckless, or in the alternative knowingly unlawful, or on the alternative intentionally unlawful: 13. The Defendants' actions as described in this Complaint were not privileged. In the alternative, if any privilege did or otherwise would have attached to these actions, that privilege was abused by the Defendants and lost. The abuse of privilege took place by virtue of the Defendants' negligence, recklessness, gross negligence, malice, and/or intentional wrongdoing. 14. All harms, damages, and injuries suffered by the Plaintiff was the direct, legal and proximate results of the wrongful acts of the Defendants as described in this Complaint. FACTS 15. On or about March 11, 1998 the Plaintiff was an inmate at the State Correctional Institution at Rockview. He was the victim of an assault on that date. 16. At that time, date and place, Defendant Lidgett was employed as a Correctional Health Care Administrator for the The Law Offices of SPERO T. LAPPAS Page 5 ;'. ,~ ~~ ~ "'" . ~-~ ~,' Commonwealth of Pennsylvania Department of Corrections, stationed at the State Correctional Institution at Rockview. 17. After the assault of March 11, 1998, Plaintiff was seen briefly at the infirmary of the State Correctional Institute at Rockview. Although he received some "treatment" at that time, date, and place, the treatment which he received was woefully inadequate to the injuries which he had sustained. 18. Over the course of the next two years, the Defendants ignored the serious nature of Plaintiff's injuries and failed to provide him with the medical care, treatment, and services which were reasonably necessary to accommodate his needs. The Defendants had notice of the Plaintiff's condition and had actual notice of his need for medical services above and beyond that which the Defendants and the Commonwealth were providing. This notice came, inter alia, in the following fashions: a. Defendant's father, Gerald Leyrer, Sr., contacted the State Correctional Institution at Rockview, Defendant Lidgett, and perhaps other Defendants as well, on a repeated and continuous basis, making them all aware of the Plaintiff's need for medical services, and further, making them aware of the fact that he was not receiving the kind and type of medical services which were reasonably necessary to accommodate his needs. b. On or about June 1, 1998, some or all of the Defendants received or were made aware of a letter from Dr. Harold The Law Offices of SPERO T. LAPPAS page 6 ~'K " I - Haney, D.M.D., which described the Plaintiff's condition and further describes his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. c. On or about October 2, 1998, some or all of the Defendants received or were made aware of a letter from Dr. Steven Yovino, D.M.D., which described the Plaintiff's condition and further described his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. d. On or about April 28, 1999, some or all of the Defendants received or were made aware of a letter from ,Dr. Paul Rollins, M.D., which described the Plaintiff's condition and further described his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. The Law Offices of SPERO T. LAPP AS Page 7 e. On or about August 2, ~999, some or all of the Defendants received or were made aware of a letter from Dr. Paul Rollins, M.D., which described the Plaintiff.' s condition and further describes his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. f. From on or about January 5, 2000, some or all of the defendants received or were made aware of a letter from Dr. George C. Sotereanos, D.M.D., which described the Plaintiff's condition and further describes his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. g. The Defendants, or some of them, received reports from other medical providers and other Defendants, making each and every one of the Defendant aware of the Plaintiff's need for medical services above and beyond that which he was receiving. h. Some or all of the Defendants actually saw the Plaintiff, examined him, and were personally aware of his need for The Law Offices of SPERO T. LAPPAS Page 8 medical services above and beyond that which were being provided. i. Larry Lidgett had' actual knowledge of the Plaintiff's condition and spoke to the Plaintiff's father on several occasions on which Lidgett was advised on the Plaintiff's need for additional medical care beyond that which was being provided. j. Defendant Robert W. Meyers was at all times pertinent to this action the Superintendent of the State Correctional .. Institution at Rockview. In that capacity, he had direct and supervisory authority for all operations of the institution, including the medical department. In that capacity, the Plaintiff believes that Defendant Meyers would have, in the normal course of administrative affairs, received notice of the matters complained of in this Amended Complaint. 19. The plaintiff was transferred to the infirmary unit of the prison where he subsequently underwent x-rays and a cat scan. 20. Some or all of the defendants received actual notice of the plaintiff's medical condition by physical and visual observation of the plaintiff and from the x-rays and cat scan reports which revealed that the plaintiff had sustained fractures to two ribs as well as multiple facial fractures. 21. In' addition to their own observations one or more of the defendants received notice from physicians outside of the prison The Law Offices of SPERO T. LAPPAs Page 9 medical facility who examined the plaintiff and indicated in written reports that the severity of plaintiff's injuries were such that facial reconstructive surgery was required. 22. In addition to the other averments of this Amended Complaint, The Plaintiff while an inmate at SCI-Rockview and the Department of Corrections had other serious health and medical problems, including those involving his knee, his digestive system and his ribs. He needed, for those conditions, medical care and treatment which Defendants did not provide despite Defendant I s knowledge of Plaintiff's legitimate medical needs. 23. In spite of all of the notice, knowledge, and information which the Defendants received and accumulated over the years, the Defendants never provided the Plaintiff with the kind of medical care, treatment, and services which w€re reasonably and constitutionally required. 24. The Plaintiff did not timely receive reconstructive surgery which the defendants were necessary to relieve his symptoms and correct deformities. 25. During their relationships with Plaintiff, each defendant was negligent, careless, reckless, and violated the appropriate standards of medical care and practice in that inter alia: a. Each failed to correctly diagnose the true nature of his medical condition, and/or to do so in a timely fashion; Each failed to take reasonable and necessary steps to the facial advised was his facial b. The Law Offices of SPERO T. LAPPAs Page 10 ~- treat such condition, and/or to do so in a timely fashion; c. Each failed to evaluate plaintiff for the injuries and medical conditions described in this complaint; d. Each failed to perform necessary tests or to order that necessary tests be performed upon plaintiff, and/or to do so in a timely fashion; e. Each improperly diagnosed plaintiff's condition; f. Each failed to possess the requisite degree of knowledge and skill required under the circumstances; g. Each failed to procure adequate and timely consulting opinions about plaintiff's condition, and/or to do so in a timely fashion; h. Each failed to perform the procedures (or order them to be performed) and each failed to provide the necessary care (or order that it be provided) which was described in the consul ting opinions which the defendants did receive or which was otherwise recommended to the defendants and which was necessary and proper; i. Each failed to synthesize and assess available clinical data, and/or to do so in a timely fashion; j. Each failed to provide plaintiff with necessary care, treatment, therapy, or other necessary and required medical attention, and/or to do so in a timely fashion. 26. The defendants' action in this case constituted a The Law Offices of SPERO T. 'LAPPAS Page 11 deliberate indifference to the Plaintiff's serious need for medical attention of which the defendants were aware. 27. All actions described, in this Complaint as being taken by Commonwealth of Pennsylvania officials, employees, or agencies were taken pursuant to official policies of the Commonwealth of Pennsylvania Department of Corrections and such actions constitute, implement and execute policies officially adopted and promulgated by officials of the Department of Corrections. 28. All harms, damages, and injuries suffered by the Plaintiff and described in this Complaint were the legal, direct, and proximate results of the wrongful acts of each individual Defendant; in the alternative, all harms, damages, and injuries were the direct, legal, and proximate results of the wrongful acts of two or more of the Defendants acting in concert, and therefore, all Defendants are jointly and severally liable for these losses. 29. All of the Defendants I actions described within this Complaint either infra or supra, were intentional, malicious and taken in bad faith; in the alternative, those actions were reckless; in the alternative, those actions were negligent. 30. All of the Defendants I actions described within this Complaint either infra or supra, constitute medical malpractice, institutional negligence, violations of the various duties which the defendants owed to the Plaintiff, and violations of the defendants duties of due care. 31. As the direct, legal, and proximate result of the The Law Offices of SPERO T. LAPP AS Page 12 ":;, .--~,. I - ~ "-~ Defendants I negligence, carelessness, lack of due care, recklessness, and other wrongful conduct, the Plaintiff suffered and, with respect to some or all of the following, continues to suffer injuries, damages, and losses, including inter alia: a. physical and mental pain and suffering; b. total disability; c. incapacity; d. disability; e. inconvenience and loss of life's pleasures. f. He has been forced to undergo great and substantial inconvenience, aggravation, and loss of life's pleasures; g. He has suffered grave and severe injuries, and the physical injuries which he sustained in the assault have been aggravated and have been allowed to progress unto more serious and different kinds of physical injuries, including without 'l'imitation the following: facial paralysis, hearing loss, partial blindness, severe facial scarring and disfigurement, injuries to his mouth and teeth. h. Now that he has been released from incarceration, he will be prevented in taking part in and performing the activities of his home life, personal life, and social and recreational activities and will suffer a loss of income and/or earning capacity. i. He will be forced, in the future, to undergo medical The Law Offices of SPERO T. LAPPAS Page 13 =~ . ~ treatment, services, and possibly surgery, above and beyond that which would have otherwise been necessary had his medical needs been dealt with in a timely fashion. 32. All of the harms, damages, and losses described in this Complaint will continue unto the future. COUNT 1 GERALD RICHARD LEYRER, JR. v. LARRY LIDGETT, R.N. 33. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. COUNT 2 GERALD RICHARD LEYRER, JR, v. ROBERT MEYERS 34. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. COUNT 3 GERALD RICHARD LEYRER, JR, v. JOHN SYMONS, M.D. 35. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment against this Defendant for compensatory and punitive damages, plus costs of The Law Offices of SPERO T. LAPPAS Page 14 ~'I' "~ litigation and attorney's fees. COUNT 4 GERALD RICHARD LEYRER" JR, v. BRIAN PERIERA, M.D. 36. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. COUNT 5 GERALD RICHARD LEYRER, JR, v. WEXFORD HEALTH SOURCES 37. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. COUNT 6 GERALD RICHARD LEYRER, JR, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMR1VT OF CORRECTIONS 38. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. The Law Offices of SPERO T. LAPP AS Page 15 l11~, 0 -~ '~I - ,....,., COUNT 7 GERALD RICHARD LEYRER, JR, V. ALL DEFENDANTS 39. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the Plaintiff demands judgment against all Pefendants, jointly and severally for compensatory and punitive damages, plus cost of litigation and attorneys fees. RESPECTFULLY SUBMITTED, T. LAPPJ?S J By: T PPAS, ESqUire Pa. Supreme Ct. ID 110, 25745 205 State street P.O. Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 ATTORNEYS FOR THE PLAINTIFF The Law Offices of SPERO T. LAPPAS Page 16 :.0. . ~ '~I - . ~- "" 01125/01 '22:03' FAX 14118 The Law Offices of SPERO T. LAPPAs 205 State Street Post Office Box 808 Harrisburg, Pennsylvania 17108-0808 (717) 238-4286 I. VERIFICATION BASED UPON PERSONil.L KNOWLEDGE AND INFORMATION SUPPLIED BY COUNsEL 1. I verify that the averments in the foregoing COMPLAINT are based upon the information which has been gathered by my counsel in preparation of this lawsuit. 2. The language of this COMPh~INT is that of counsel and is noc mine. 3. I have read the COMPLAINT and, to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. 4. To the exte~t that the contents of the COMP~INT are that of counsel, ! have relied upon counsel in making this Verification. 5. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsifications made to authorities. /{{,~,~/~;::'/,7r.~/ PLA;INTIFF. ',' January ?<1 -. , 2001 ,',," The Law Offices of SPERO T. LAPPAS Page 17 :'lI'!llirij -~- " I " ,,~, The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, Pennsylvania 17108-0808 (717) 238-4286 CERTIFICATE OF SERVICE I hereby certify that on this date I served a true copy of the attached document upon the person (s) named below by mailing a copy addressed as follows, postage pre-paid, deposited into the U. S. Mail at Harrisburg, Pa. RAYMOND DORIAN, ESQUIRE PA DEPARTMENT OF CORRECTIONS OFF'ICE OF CHIEF' COUNSEL 55 UTLEY DRIVE CAMP HILL, PA. 17011 JAMES YOUNG, ESQUIRE P.O. BOX 1245 HARRISBURG, PA. 17108-1245 RESPECTFULLY SUBMITTED, s of SPERO T. LAPPAs By: ~ January~ 2001 Law Offices of SPERO T. LAPPAS -', ~~. - , ".c The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, Pennsylvania 17108-0808 (717) 238-4286 By: SPERO T. LAPPAS, Esquire Pa. Supreme Court identification nOc2S74S ATTORNEY FOR THE PLAINTIFF IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA RICHARD LEYRER, Plaintiff CIVIL NO. 4:CV-00-0469 v. JURY TRIAL DEMANDED LARRY LIDGETT, RN, individually and in his official capacity as an agent, servant, and employee of the Commonwealth of.Pennsylvania Defendant JUDGE: ~ ROBERT MEYERS, individually and in his official capacity as an agent, servant, and employee of the Commonwealth of Pennsylvania Defendant Fp en. I~:-..J HAR'""'C"'::;"'~'" n\..:..::~:J ~ '~'~ : DEe 0 4 2000 "MARY~D'/"''''''''.'=~ r:'c-'c'( , - -. .~'-'-' " ~_._. . . l-'er . - - ....::. ~~ . .: . ~-=::-. ~ WEXFORD HEALTH RESOURCES, Defendant and : JOHN SYMONS, M.D., Defendant BRIAN PERIERA, M.D., Defendant (JUDGE MUIR) AMENDED COMPLAINT AND NOW, comes the Plaintiff RICHARD LEyRER, by and through The Law Offices of SPERO T. LAPPAS EXHIBIT I B Page 1 his attorneys The Law Offices of SPERO T. LAPPAS, and makes his amended complaint against the above captioned Defendants: FACTS AND PRELIMINARY AVERMENTS 1. The Plaintiff is an adult individual. 2. The individual defendants are adult individuals who, to the best of Plaintiff's knowledge and belief, reside within the Middle District of Pennsylvania. 3. On all dates material to this Complaint, ~arry Lidgett, R.N. was employed as an agent, servants, and employee-'. of' the Commonwealth of Pennsylvania Department of Corrections and the as a Correctional Health Care Administrator for SCI Rockview. 4. Defendant Robert W. Meyers was at all times pertinent to this Complaint the Superintendent of the State Correctional Institution at Rockview. In that capacity, he had direGt and supervisory authority for all operations of the institution, including the medical department. In that capacity, the Plaintiff believes that Defendant Meyers would have, in the normal course of administrative affairs, received notice of the matters complained of in this Amended Complaint. s. Defendant John Symons was at all times relevant to this cause of action a medical doctor. From on or before September 1998 to the present he was working at the State Correctional Institution at Rockview. To the Plaintiff I s best information, he was an agent, official, and employee of a company known as Wexford Health Sources (hereinafter Wexford). Wexford was, to Plaintiff's knowledge, a The Law Offices of SPERO T. LAPPAS Page 2 ",~ ~..= --. contractor with the Commonwealth of Pennsylvania and/or with the Pennsylvania Department of Corrections and/or with the State Correctional Institution at Rockview, and/or with some other state agency, official, or entity, in this capacity, Wexford and through Wexford, Defendant Symons was responsible along with the other Defendants to provide medical services to the Plaintiff and other inmates at the State Correctional Institute at Rockview. Because of his relationship to the Commonwealth, and because of Wexford's relationship to the Commonwea,ltlr, Defendant Symons is a state actor for purposes of this lawsuit. 6. Defendant Bryan Pereira was at all times relevant to this cause of action a medical doctor. From up to on or about September 1998 he was working at the State Correctional Institution at Rockview. To the Plaintiff's best information, he was an agent, official, and employee of a company known as Wexford Health Sources (hereinafter Wexford). Wexford was, to Plaintiff's knowledge, a contractor with the Commonwealth of Pennsylvania and/or with the Pennsylvania Department of Corrections and/or with the State Correctional Institution at Rockview, and/or with some other state agency, official, or entity, in this capacity, Wexford and through Wexford, Defendant periera was responsible along with the other Defendants to provide medical services to the Plaintiff and other inmates at the State Correctional Institute at Rockview. Because of his relationship to the Commonwealth, and because of Wexford's relationship to the Commonwealth, Defendant periera is a state The Law Offices of SPERO T. LAPPAS Page 3 1" - actor for purposes of this lawsuit. 7. Defendant Wexford Health Sources is a business corporation having as its principle business address 381 Mansfield Avenue, Suite 205, Pittsburgh, PA 15220. Defendant Wexford, at all times relevant to this Complaint was a contract holder with the Pennsylvania Department of Corrections or the Commonwealth of Pennsylvania, or with a state agency, official, or entity, and in this capacity was responsible, along with the other Defendants, to provide medical services to the Plaintiff.and other inmates at the' State Correctional Institute at Rockview on all relevant dat,es. Accordingly, for the purposes of this lawsuit, Defendant Wexford is a state actor. 8. All actions described in this Complaint as being taken by Larry Lidgett, R. N . was taken in the course and scope of his employment as a Correctional Health Care Administrator with the Commonwealth of Pennsylvania Department of Corrections. 9. On all dates material to this Complaint, John Symons, M.D. and Bryan Periera. M.D. were employed as agents, servants, and employees of Wexford who had a contractual agreement with the Department of Corrections to provide medical services to inmates at SCI Rockview. 10. All actions described in this Complaint as being taken by John Symons, M.D. were taken in the course and scope of his employment as a Medical Director for Wexford. 11. All actions described in this Complaint as being taken by The Law Offices of SPERO T. LAPPAS Page 4 ~ ~~~ ." . - Brian periera, M.D. were taken in the course and scope of his employment as a Medical Director for Wexford. 12. The Defendants' actions arid policies as described in this Complaint were unlawful, unconstitutional,' defective, and likely to lead to violations of Eighth and Fourteenth Amendment rights as described in this Complaint. 13. The Defendants' actions as described in this Complaint were not privileged. In the alternative, if any privilege did or otherwise would have attached to these actions, that privilege was abused by the Defendants and lost. The abuse of privilege took place by virtue of the Defendants' negligence, recklessness, gross negligence, malice, and/or intentional wrongdoing. 14. All of the Defendants' actions described within this Complaint either infra or supra, were taken under color of state law. 15. All harms, damages, and injuries suffered by the Plaintiff was the direct, legal and proximate results of the wrongful acts of the Defendants as described in this Complaint. 16. This cause of action is brought pursuant to Title 42, United States Code, !l 1983 et ~ and the Eighth and the Fourteenth Amendments to the United States Constitution. 17. This court has jurisdiction over this case pursuant to Title 28, United States Code, !l 1331 and !l 1341 and the aforementioned statutory and constitutional provisions. 18. The Plaintiff further invokes the pendent jurisdiction of The Law Offices of SPERO T. LAPPAS Page 5 - 0t.,,,,,,,,. ~T I .~- this Court to hear and decide claims arising under State law. FACTS 19. On or about March 11, 1998 the Plaintiff was an inmate at the State Correctional Institution at Rockview. He was the victim of an assault on that date. 20. At that time, date and place, Defendant Lidgett was employed as a Correctional Health Care Administrator for the Commonwealth of Pennsylvania Department of Corrections, stationed at the State Correctional Institution at Rockview. 21. After the assault of March 11, 1998, Plaintiff was seen briefly at the infirmary of the State Correctional Institute at Rockview. Al though he received some "treatment" at that time, date, and place, the treatment which he received was woefully inadequate to the injuries which he had sustained. 22. Over the course of the next two years, the Defendants ignored the serious nature of Plaintiff's injuries and failed to provide him with the medical care, treatment, and services which, were reasonably necessary to accommodate his needs. The Defendants had notice of the Plaintiff's condition and had actual notice of his need for medical services above and beyond that which the Defendants and the Commonwealth were providing. This notice can, inter alia, in the following fashions: a. Defendant's father, Gerald Leyrer, Sr., contacted the State Correctional Institution at Rockview, The Law Offices of SPERO.T. LAPPAS Page 6 )I~~ ^ - I "' ~~""" Defendant Lidgett, and perhaps other Defendants as well, on a repeated and continuous basis, making them all aware of the Plaintiff's need for medical services, and further, making them aware of the fact that he was not receiving the kind and type of medical services which were reasonably necessary to accommodate his needs. b. On or about June 1, 1998, some or all of the Defendants received or were made aware of a letter from Dr. Harold Haney, D.M.D., which described the Plaintiff 1 s condition and further describes his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spi te of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. c. On or about October 2, 1998, some or all of the Defendants received or were made aware of a letter from Dr. Steven Yovino, D.M.D., which described the Plaintiff's condition and further described his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not, provide Plaintiff The Law Offices of SPERO T. LAPPAS Page 7 'fl-,,~.~I ~~. I' ,... . - with the kind of medical services which reasonably accommodated his needs. d. On or about .April 28,~9~9, some or all of the Defendants received or were made aware of a letter from Dr. Paul Rollins, M.D., which described the Plaintiff I s condition and further described his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. e. On or about August 2, ~999, some or all of' the Defendants received or were made aware of.a letter from Dr. Paul Rollins, M.D. ,. which described the Plaintiff's condition and further describes his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. f. From on or about January 5, 2000, some or all of the defendants received or were made aware of a letter from Dr. George C. Sotereanos, D.M.D., The Law Offices of SPERO T. LAPPAS Page 8 '0 , . which described the Plaintiff's condition and further describes his need for medical services above and beyond that which the Commonwealth and Defendants were providing. In spite of the notice contained in this letter, Defendants did not provide Plaintiff with the kind of medical services which reasonably accommodated his needs. g. The Defendants, or some of them, received reports from other medical providers and other Defendants, making each and every one of the Defendant aware of the Plaintiff's need for medical services above and beyond that which he was receiving. h. Some or all of the Defendants actually saw the plaintiff, examined him, and were personally aware of his need for medical services above and beyond that whiCh were being provided. i. Larry Lidgett had actual knowledge of the Plaintiff's condition and spoke to the Plaintiff's father on several occasions on which Lidgett was advised on the Plaintiff's Deed for additional medical care beyond that which was being provided. j. Defendant Robert W. Meyers was at all times pertinent to this action the Superintendent of the State Correctional Institution at Rockview. In that capacity, he had direct and supervisory The Law Offices of SPERO T. LAPPAS Page 9 '"!~~ ~~ ,," . I I . , 'j .. authority for all operations of the institution, including the medical department. In that capacity, the Plaintiff believes that Defendant Meyers would have, in the normal course of administrative affairs, received notice 9f the matters complained of in this Amended Complaint. 23. The plaintiff was transferred to the infirmary unit of the prison where he subsequently underwent x-rays and a cat scan. 24. Some or all of the defendants received actual notice of the plaintiff's medical condition by physical and visual observation of the plaintiff and from the x-rays and cat scan reports which revealed that the plaintiff had sustained fractures to two ribs as well as multiple facial fractures. 25. In addition to their own observations one or more of the defendants received notice from physicians outside of the prison medical facility who examined the plaintiff and indicated in written reports that the severity of plaintiff's injuries were such that facial reconstructive surgery was required. 26. In addition to the other averments of this Amended Complaint, The Plaintiff while an inmate at SCI-Rockview and the Department of Corrections had other serious health and medical problems, including those involving his knee, his digestive system and his ribs. He needed, for those conditions, medical care and treatment which Defendants did not provide despite Defendant 1 s knowledge of Plaintiff's legitimate medical needs. The Law Offices of SPERO T. LAPPAS Page 10 i;:=,..".~ ~- ~ -~- ~ R,! - .. j) , , '. . 27. In spite of all of the notice, knowledge, and information which the Defendants received and accumulated over the years, the Defendants never provided the Plaintiff with the kind of medica~ care, treatment, and services which were reasonably and constitutionally required. 28. The Plaintiff has never received the facial reconstructive surgery which the defendants were advised was necessary to relieve his symptoms and correct his facial deformities. 29. The defendants' action in this case constituted a deliberate indifference to the Plaintiff I s serious need for medical attention of which the defendants were aware and thus were in violation of the Eighth and Fourteenth Amendments to the United States Constitution. 30. All actions described in this Complaint as being taken by Commonwealth of Pennsylvania officials, employees, or agencies were taken pursuant to official policies of the Commonwealth of Pennsylvania Department of Corrections and such actions constitute, implement and execute policies officially adopted and promulgated by officials of the Department of Corrections. 31. All harms, damages, and injuries suffered by the Plaintiff and described in this Complaint were the legal, direct, and proximate results of the wrongful acts of each individual Defendant; in the alternative, all harms, damages, and injuries were the direct, legal, and proximate results of the wrongful acts 'The Law Offices of SPERO T. LAPPAS Page 11 '~~,..,....,. -I -"- -- . () , I (I il of two or more of the Defendants acting in concert, and therefore, all Defendants are jointly and severally liable for these losses. 32. All of the DeIendcmts' actions described within this Complaint either infra or supra, were intentional, malicious and taken in bad faith; in the alternative, those actions were reckless; in the alternative, those actions were negligent. 33. All of the Defendants' actions described within this Complaint either infra or supra, constitute medical malpractice, institutional negligence, violations of the various duties which the defendants owed to the Plaintiff, and violations of the defendants duties of due care. 34. As the' direct, legal, and proximate result of the Defendants' negligence, carelessness, lack of due care, recklessness, and other wrongful conduct, the Plaintiff suffered and, with respect to some or all of the following, continues to suffer injuries, damages, and losses, including inter alia: a. physical and mental pain and suffering; b. total disability; c. incapacity; d. disability; e. inconvenience and loss of life's pleasures. f. He has been forced to undergo great and substantial inconvenience, aggravation, and loss of life's pleasures; g. He has suffered grave and severe injuries, and the The Law Offices of SPERO T. LAPPAS Page 12 , ., , l t Jt physical injuries which he sustained in the assault, have been aggravated and have been allowed to progress 'unto more serious and different kinds of physical injuries, including without limitation the following: facial paralysis, hearing loss, partial blindness, severe facial scarring and disfigurement, injuries to his mouth and teeth. h. Now that he has been released from incarceration, he will be prevented in taking part in and performing the activities of his home life, personal life, and social and recreational activities and will suffer a loss of income and/or earning capacity. i. He will be forced, in the future, to undergo medical treatment, services, and possibly surgery, above and beyond that which would have otherwise been necessary had his medical needs been dealt with in a timely fashion. 35. All of the harms, damages, and losses described in this Complaint will continue unto the future. COUNT 1 - VIOLATION OF CIVIL RIGHTS GERALD RICHARD LEYRER, JR. v. LARRY LIDGETT, R.N. 36. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. The Law Offices of SPERO T. LAPPAS Page 13 :li!,~_--~ "'I' "'~~-- ,~~ .~ J . j, ~ " , WHEREFORE, the PLAINTIFF demands judgment against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. COUNT 2 - VIOLATION OF CIVIL RIGHTS GERALD RICHARD LEYRER, JR, v. ROBERT MEYERS 37. All other paragraphs of this Complaint incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment Defendant for compensatory and punitive damages, litigation and attorney's fees. are hereby against this plus costs of COUNT 3 - VIOLATION OF CIVIL RIGHTS GERALD RICHARD LEYRER, JR, v. JOHN SYMONS, M.D. 38. All other paragraphs of this Complaint are incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment Defendant for compensatory and punitive damages, litigation and attorney's fees. hereby against this plus costs of COUNT 4 - VIOLATION OF CIVIL RIGHTS GERALD RICHARD LEYRER, JR, v. BRIAN PERI ERA , M.D. 39. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgment against this The Law Offices of SPERO T. LAPPAS Page 14 R,_ ,__V-~, ~ ~ ~I ~ .. ~~ " .", ~ I I -. . , , Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. COUNT 5 - VIOLATION OF CIVIL RIGHTS GERALD RICHARD LEYRER, JR, v. WEXFORD HEALTH SOURCES 40. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgement Defendant for compensatory and punitive damages, litigation and attorney's fees. against this plus costs of COUNT 6 - VIOLATION OF CIVIL RIGHTS GERALD RICHARD LEYRER, JR, V. ALL DEFENDANTS 41. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE,the Plaintiff demands judgment against all Defendants, jointly and severally for compensatory and punitive damages, plus cost of litigation and attorneys fees. COUNT 7 - VIOLATION OF STATE LAW GERALD RICHARD LEYRER, JR, v. LARRY LIDGETT, R.N. 42. All other paragraphs of this Complaint are incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgement Defendant for compensatory and punitive damages; hereby against this plus costs of The Law Offices of SPERO T. LAPPAS Page 15 :~"11 II - ~,~ ll!~.. ~_'"~,= f Ij I . ~ . I )' litigation and attorney's fees. COUNT 8 ~ VIOLATION OF STATE LAW GERALD RICHARD LEYRER, JR, v. ROBERT MEYERS 43. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgement against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. COUNT 9 - VIOLATION OF STATE LAW GERALD RICHARD LEYRER, JR, v. JOHN SYMONS, M.D. 44. All other paragraphs of this Complaint are incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgement Defendant for compensatory and punitive damages, litigation and attorney's fees. hereby against this plus costs of COUNT 10 - VIOLATION OF STATE LAW GERALD RICHARD LEYRER, JR, v. BRIAN PERIERA, M.D. 45. All othe,r paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgement against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. The Law Offices of SPERO T. LAPPAS Page 16 ,~~-"'~ ~ ., ,., "~ .( .~, ~~ ,~ ~~ ~ .- , .. t . , ~,4 ;:., COUNT 11 - VIOLATION OF STATE LAW GERALD RICHARD LEYRER, JR, v. WEXFORD HEALTH SOURCES 46. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the PLAINTIFF demands judgement against this Defendant for compensatory and punitive damages, plus costs of litigation and attorney's fees. COUNT 12 - VIOLATION OF STATE LAW GERALD RICHARD LEYRER, JR, V. ALL DEFENDANTS 47. All other paragraphs of this Complaint are hereby incorporated into this Count by reference thereto. WHEREFORE, the Plaintiff demands judgment against all Defendants, jointly and severally for compensatory and punitive damages, plus cost of litigation and attorneys fees. RESPECTFULLY SUBMITTED, T. LAPPAS ~ T. LAPPAS, Esquire Pa. Supreme Ct. ID no. 25745 205 State Street P.O. Box BOB Harrisburg, PA 17108-0808 (717) 238-4286 ATTORNEYS FOR THE PLAINTIFF The Law Offices of SPERO T. LAPPAS Page 17 :"'~im """'1 ... ~.~-, .~ , ~ . .. , " I !; The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 80B Harrisburg, PA ~7108-080B (717) 238-4286 By: SPERO T. LAPPAS, Esquire Pa. Supreme Court identification no. 25745 ATTORNEY FOR THE PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that on this date I served a true copy of the attached document upon the person(s) named below by mailing a copy addressed as follows, postage pre-paid, deposited into the U,S. Mail at Harrisburg, PA. Raymond W. Dorian, Esquire Pa. Department,of Corrections 55 Utley Drive Camp Hill, PA 17001 James D. Young, Esquire Lavery, Faherty, Young & Patterson, P.C. P.O. Box 1245 Harrisburg, PA 17108-1245 Gerald Richard Leyrer, Jr. ~337 Cherry Street Pottstown, PA 19464 Th MITTED, RESPECT of SPERO T. LAPPAS By: SPERO T. LAPPAS, ESQUIRE Pa. Supreme Ct. ID No. 25745 205 State Street P.O. Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 DATE: (f?/I c( IC'TC~ " .' I ~ \ ~ I -. , , .. , .. l )f' .) .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA RICHARD LEYRER, Plaintiff, Civil Term 00-1402 v. LARRY LIDGETT, et aI., Defendants CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of the foregoing Commonwealth Defendants' Preliminary Objections to Plaintiffs Complaint upon the person(s) and in the manner indicated below. Service by first-class mail addressed as follows: Spero T. Lappas, Esquire Law Offices of Spero T. Lappas 205 State Street P.O. Box 808 Harrisburg, PA 17101-0808 James D. Young, Esquire Lavery, Faherty, Young & Patterson P.O. Box 124 Harrisburg, P A 17108-1245 P A Department of Corrections Office of Chief Counsel 55 Utley Drive CampHill,PA 17011 (717) 731-0444 Dated.: February 9, 2001 -~~ , - - - ~ " ~ -,,",~"~ ,.. ) 1. t" , *' CERTIFICATE OF SERVICE I, Linda L. Gustin, an employee of the law firm of Lavery, Faherty, Young & Patterson, P.e., do hereby certify that on this 19'Ph day of February, 2001, I served a true and correct copy of the foregoing WEXFORD DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT via First Class mail, postage prepaid, addressed as follows: Spero T. Lappas, Esquire Law Offices of Spero T. Lappas 205 State Street P.O. Box 808 Harrisburg, P A 17108-0808 Raymond Dorian, Esquire Office of Chief Counsel Pennsylvania Department of Corrections 55 Utley Drive P. O. Box 598 Camp Hill, P A 17001-0598 ~L.~hn Linda L. Gustin ~ I ' , ~ c .. J "-~ -~r"""""~- ~- ~ .",11ll1lll,_ ., of . 0 a C) c" -~ .. -" -j .' , IT :~ . , "..,,) '-1 C.:..) -~~J () ,. ,. --'I ~-ij ; , h"'~ (~: , -' :.--J [=-n '... ~. Z .,>:> :;~;' =<! :u ( :::> -< ~.~ ., -,_,_C', U"-,",'., _, Office of Attorney General Torts Litigation Section 15th Floor, Strawbeny Square Harrisburg, PA 17120 Steven C Gould Deputy Attorney General Direct Dial 717-783-8035 GERALD RICHARD LEYRER, JR. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. LARRY LIDGETT, RN, Individually and in his capacity as an agent, servant and employee of the Commonwealth of Pennsylvania; ROBERT MEYERS, Individually and in his official capacity as an agent, servant, and employee of the Commonwealth of Pennsylvania; : No. 2000-1402 WEXFORD HEALTH SOURCES, INC.; JOHN SYMONS, M.D.; BRYAN PEREIRA, M.D. and the COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF :JURY TRIAL DEMANDED CORRECTIONS Defendants WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of Defendant, Commonwealth of Pennsylvania Department of Corrections, in the above-captioned matter. BY.JtP~/ STEVEN C. GOULD ID #80156 Deputy Attorney General Torts Litigation Section 15th Floor, Strawbeny Square Harrisburg, P A 17120 717-783-8035 DATED: AprilS, 2001 q- I" - -~, . , ,'," - =~- '-'~ -",'"'- , -- - -~-,- -', , _~ --0 CERTIFICATE OF SERVICE I hereby certifY that I am this day serving the foregoing WITHDRAWAL OF APPEARANCE upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: SPERO T. LAPPAS, ESQUIRE 205 STATE STREET HARRISBURG,PA 17108 (Attorney for Plaintiff) RAYMOND W. DORIAN, ESQUIRE 55 UTLEY DRIVE P.O. BOX 598 CAMP HILL, PA 17011 JAMES D. YOUNG, ESQUIRE THE KUNKLE BUILDING SUITE 800 301 MARKET STREET P.O. BOX 1245 HARRISBURG, PA 17108-1245 By: S~~~ff80156 Deputy Attorney General Torts Litigation Section 15th Floor, Strawbeny Square Harrisburg, PA 17120 717-783-8035 - Direct Dial DATED: AprilS, 2001 I., , ~-',-l--" ~r "'" _, _","'L', q. __;:_,.~r_ ,,~ ,. " ~ -, "'..' ,,-"..(, ~ ~~~.~~~""'..""- ,,-, (., ,,; -;:)ff" OJ i';'-~ .~p;-' rr, ...._ i~j =-:i -< ~~I!ll',"_. ,--,- .. CJ 1::.... '0 :;::S:J , en ""\.3 r:'! :J1 .t='o ,~~" ~ "'- ," ,-",,~ .,..':: PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sutmitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) , RICHARD LEYRER ( Plaintiff) VB. LARRY LIDGEIT, et a1. (Defendant) No. 1402 Civil 19 2000 1. State matter to be argued (i.e.. plaintiff's rrotion for new trial. defendant's danurrer to canplaint. etc.): Commonwealth Defendant's Preliminary Objections to Plaintiff's Complaint filed on February 12, 2001. 2. Identify counsel who will argue case: (a) for plaintiff: Spero T. Lappas, Esquire Address: 205 State Street Harrisburg PA 17108-0808 (b) for defendant: Raymond W. Dorian, Address: Assistant Counsel 55 Utley Drive Camp Hill PA 17011 James D. Young, Esquire P.O. Box 1245 Harrisburg PA 17108-1245 3. I will notify all parties in writing within ~ days that this case has been listed for argurrent. 4. Arglmant Court Date: Argument on briefs alone is requested. July 16, 2001 ~ /tJ 7f 'If I 'f? Att6rney for Commonwealth Defendants Dated: I ~~, ~-~ .1 " ~, ~~""'"~~ ~....~~--_.~ T~ ~ -:'Jr en!,-;=-: ..c:~, ~r" CD {-: ., ~~s-' ~-"r--=:' '.- ~ -< iII!fillI!ll!W~~ffl!Il!,.... ~,~",,_III!JI ~H_ ._ :-:-:_-' '-r-, '::::J --..;. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff, Civil Term 00-1402 v. LARRY LIDGETT, et aI., Defendants' PRAECIPE TO REMOVE MATTER FROM ARGUMENT LIST TO THE PROTHONOTARY: Kindly remove the Commonwealth Defendants' Preliminary Objections to the Plaintiffs Complaint filed on February 12,2001 from the Argument List. The Commonwealth Defendants do not want argument on their Preliminary Objections to Plaintiff's Complaint. Please ignore the Praecipe for Listing Case for Argument, previously filed on July 18, 200 I. orian Assistant Co sel Attorney J.D. No. 48148 P A Department of Corrections 55 Utley Drive Camp HiIl, PA l70ll (717) 731-0444 Dated: July 26,2001 ~~1 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff, Civil Term 00-1402 v. LARRY LIDGETT, et aI., Defendants PROOF OF SERVICE I hereby certifY that I am this day serving a true and correct copy of the foregoing Praecipe to Remove Matter from Argument List upon the person(s) and in the manner indicated below, which service satisfies the requirements ofPa. R.C.P. 440: Service by fIrst class mail addressed as follows: Jeffrey C. Dohrmann, Esquire Rediers, Travis, Humphrey, Harris, Waters & Waffenschmidt 161 West Third Street P.O. Box 215 Williamsport, PA 17703-0215 James D. Young, Esquire Lavery, Faherty, Young & Patterson P.O. Box 124 Harrisburg, PA 17108-1245 Spero T. Lappas, Esquire 205 State Street, P.O. Box 808 Harrisburg, PA 17108-0808 nelle C. Stapleton lerk Typist Pa. Department of Corrections 55 Utley Drive Camp Hill, Pennsylvania 170 II (717) 731-0444 Dated: July 26, 2001 --' -I' - -~~ '.' -. ~. . r>>" ".~,~ ..,........". ~'" !1',!ffi!'1, 'lI!'J~ ~ -:... '<.,'- ;], . .. The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, pennsylvania 17108-0808 (717) 238-4286 By: SPERO T. LAPPAS, Esquire Pa. Supreme Court identification no. 25745 ATTORNEY FOR THE PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff CIVIL TERM 00-1402 v. LARRY LIDGETT, et. al. Defendants PRAECIPE Pursuant to this Court's Order/Rule to Show Cause dated ,.". September 27, 2000, please withdraw the appearance of Spero T. Lappas, Esquire, and the Law Offices of Spero T. Lappas as counsel for the plaintiff. T. LAPPAS By: PERO . LAPPAS, Esquire P . Supreme Ct. ID no. 25745 205 State Street P.O. Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 ".- 1-' . The Law Offices of SPERO T. LAPPAS 205 State Street Post Office Box 808 Harrisburg, PA 17108-0808 Telephone (717) 238-4286 FAX (717) 238-4826 By: SPERO T. LAPPAS Pa. Supreme Court Identification No. 25745 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached document upon the person(s) named below by mailing a copy addressed as follows, postage pre-paid, deposited into the U. S. Mail at Harrisburg, PA: Raymond W. Dorian, Esquire Pa. Department of Corrections 55 Utley Drive Camp Hill, PA 17001 James D. Young, Esquire Lavery, Faherty, Young & patterson, P.C. P.O. Box 1245 Harrisburg, PA 17108-1245 Gerald Richard Leyrer, Jr. 1337 Cherry Street Pottstown, PA 19464 SUBMITTED T. LAPPAS DATE: ~~( By: S RO T. LAPPAS, ESQUIRE Pa. eme Ct. Id. No. 25745 205 State Street P. O. Box 808 Harrisburg, PA 17108-0808 (717) 238-4286 ".- --.-'1 ,,~ - -. ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff, Civil Term No. 00-1402 v. LARRY LIDGETT, et aI., Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff Richard Leyrer in the above-captioned case. Respectfully submitted, Jeffre C. Dohrman.'1, Esquire Reid s, Travis, Humphreys, Harris, Waters & Waffenschmidt Attorney I.D. No. 68870 161 W. Third Street P.O. Box 215 Williamsport P A 17703-0215 Dated: December J t , 2002 ',~ -~ I' - ~_m~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CML ACTION-LAW RICHARD LEYRER, Plaintiff, Civil Term 00-1402 v. LARRY LIDGETT, et aI., Defendants PROOF OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person(s) and in the manner indicated below. Service by first class mail addressed as follows: Jeffrey C. Dohrmann, Esquire Rediers, Travis, Humphrey, Harris, Waters & Waffenschmidt 161 West Third Street P.O. Box 215 Williarnsport, PA 17703-0215 James D. Young, Esquire Lavery, Faherty, Young & Patterson P.O. Box 124 Harrisburg, PA 17108-1245 J elle C. Stapleton lerical Supervisor Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: January 6, 2003 ~.i;<1'~~Vill!fi'l!l! r" .."....". ... ,~--~ .""''''~;l''~ ,I ,'" ~~-, -"- , - g ,~, ~- ..,".....-, "~~,~ = .'--' :' " ~- -" ~". '--~"-'--' ,~'~~~""". .""',"-'-',, n c < -o[r! mrT"' Z~y, 21'- (]5;OCc -<.L~ >-'-"-j ,-"" '- ~':(j ,'--- '-'J 5>i= ~ - .~ ,~ - 'Il!II.~ ,~ "~ , o w o ":n :':;~ -,;, i:;:~~ -""T' I --.J '-'C" -0 ...... ~.... ':~{ s:-~ f~~ ~~ "'" -c-,. :1) -< 0) ::::> ('Xl a~ , ,~ , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff, Civil Term 00-1402 v. LARRY LIDGETT, et al., Defendants PRAECIPE TO MARK CASE SETTLED. DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled, discontinued and ended as to Commonwealth Defendants Meyers and Lidgettonly. ! J trey C. Dohrmann, Esquire Attorney J.D. No. 68870 Reiders, Travis, Humphreys, Harris, Waters & Waffenscbmidt 161 W. Third Street P.O. Box 215 WilliamsportPA 17703-0215 (570) 323-8711 ~DOrian Assistant Counsel Attorney J.D. No. 48148 Pennsylvania Department of Corrections Office of Chief Counsel 55 Ultey Drive Camp Hill, PA 17011 (717) 731-0444 James D. Young, Esquire Attorney I.D. No. 53904 Lavery, Faherty, Young & Patterson, P.C. 255 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717) 233-6633 Dated: December XJl, 2002 :J~",lO; ,~-=~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA RICHARD LEYRER, Plaintiff, Civil Term 00-1402 v. LARRY LIDGETT, et aI., Defendants PRAECIPE TO MARK CASE SETTLED. DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above-captioned matter as settled, discontinued and ended as to Commonwealth Defendants Meyers and Lidgett only. Jeffrey C. Dohrmann, Esquire Attorney I.D. No. 68870 Reiders, Travis, Humphreys, Harris, Waters & Waffenschmidt 161 W. Third Street P.O. Box 215 WilliamsportPA 17703-0215 (570) 323-8711 Raymond W. Dorian Assistant Counsel Attorney I.D. No. 48148 Pennsylvania Department of Corrections Office of Chief Counsel 55 Ultey Drive CampHill,PA 17011 (717) 731-0444 Jam . Young, E ir Attorney I.D. No. 53904 Lavery, Faherty, Young & Patterson, P.e. 255 Market Street, Suite 304 Harrisburg, PA 17108-1245 (717) 233-6633 Dated: December d.-l , 2002 1;-'~Wlffi';W!lJi\';I""l",,:,^_ ~., r- ~~ "",- ~, ~- ..~~~~~~~'_'_n p~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND C0UNTY, PENNSYL VANIA CIVIL ACTION-LAW RICHARD LEYRER, Plaintiff, Civil Term 00-1402 v. LARRY LIDGETT, et aI., Defendants PROOF OF SERVICE I hereby certify that I am this day serving a true and correct copy of the foregoing Praecipe to Mark Case Settled, Discontinued and Ended upon the person(s) and in the manner indicated below. Service by first class mail addressed as follows: Jeffrey C. Dohrmann, Esquire Rediers, Travis, Humphrey, Harris, Waters & Waffenschmidt 161 West Third Street P.o. Box 215 WiIliamsport, P A 17703-0215 James D. Young, Esquire Lavery, Faherty, Young & Patterson P.O. Box 124 Harrisburg, PA 17108-1245 elle C. Stapleton lerical Supervisor Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: January 6, 2003 oJl;1l"!"IlI\W'l"-",*~W ~ ~I ~" ~-- ~. ~~c '. r II II ~ 1\ :1, ,...,,-. ~ ~ . ,'"'.- ",'",^,- '. ~"' '," ,0, <~"J.' ~'O''''~.-''>_ .~ _ _~. ~ -IQ. /J * ~ tt- & 0 ,..:> 0 C (.,) ~'1 ~ ::::o~ ~ wG' J::;-". ~ rnf~') - Z:r I -'" l)J z:c- - ,~") .t:::. ~t; -.J , ~ ~ C) V -r-, l~ -~- ,-'\:;; ~t~ ......o~ :_;, (,) W L" l~IT( ~ PC: -., '7 -,.... :;! ::> ~O (';0 --<; , > , ',~'o' ,,' r" ~~!tl'"""" """"""'~~ 'I ~ =,-~--"- , "'" -'!f!';II ,"\' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA RICHARD LEYRER, Plaintiff CIVIL TERM 00-1402 vs. Oudge Kevin Hess) LARRY LIDGETT, et al., Defendants PRAECIPE TO DISCONTINUE TO THE CUMBERLAND COUNTY PROTHONOTARY: Kindly mark the above-referenced case as settled, discontinued and ended with prejudice. Rieders, Travis, Hurnphrey, Harris, Waters & Waffensclunidt Date: l~i)3 e frey C. Dohrrnann, Esquire 161 West Third Street PO Box 215 Williarnsport, P A 17703 Attorney for Plaintiff ."",....",~ '~" ..~ I~ - - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD LEYRER, Plaintiff CIVIL TERM 00-1402 vs. (Judge Kevin Hess) LARRY UDGETT, et aL, Defendants PRAECIPE TO DISCONTINUE TO THE CUMBERLAND COUNTY PROTHONOTARY: Kindly mark the above-referenced case as settled, discontinued and ended with prejudice. Rieders, Travis, Humphrey, Harris, Waters & Waffenschmidt Date: 1{?o/o'3 By: J rey C. Dohrmann, Esquire 161 West Third Street PO Box 215 WiIliamsport, P A 17703 Attorney for Plaintiff ;(""""~ . " - ~ , - 1l ~~ o c s: .".-,., i~ ~t :>"- Z!~-~ --() Pee :z: :;! I f il I' il I II II ii 1.1 ,j !1 _"i'~ -,~.',,;...,:<~- ,.", c:) '"'-"; "-". ....--,' --q :!:b (;"S ~-~- ';:i C) ,:_~~ :k ~c;~M ,"" r....) --r.::>~ J;; -< ~= ~~!!!jlllL~~ma-~',.,e,....~' _' .....=~_,~ i''"] " ;T,' .' ~~