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R. J. MARZELLA & ASSOCIATES, P.C.
BY: Charles W. Marsar, Esquire
pennsylvania Supreme Court I.D. No. 86072
3513 North Front Street
Harrisburg, PA 17110
Telephone: (717) 234-7828
Facsimile: (717) 234-6883
Attorneys for Plaintiff, Rosemary
Lyons, individually and As Executrix
of the Estate of Ralnh Lvons, Jr.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ROSEMARY LYONS, individually and
As Executrix of the Estate of RALPH
LYONS, JR., Deceased,
DOCKET NO. 00-1677 Civil Term
Plaintiff
vs.
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
Please enter the appearance of Charles W. Marsar, Esquire as counsel on behalf of
the Plaintiff, Rosemary Lyons, in the above captioned matter.
R. J, Marzella & Associates, P.C.
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Dated: 3 - I{./ 0'1
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing
document was served upon all parties of record this
t/<I-l.
day of
Nhroh
,
, 2004, by depositing said copy in the United States Mail at
Harrisburg, Pennsylvania, postage prepaid, First Class delivery, and addressed as follows:
John F. Yaninek, Esquire
METTE, EVANS & WOODSIDE
3401 North Front Street
Post Office Box 5950
Harrisburg, PAl 7 I 10-0950
Counsel for Defendants. Lorraine Yurcic & Holy Spirit Hospital
R. J. Marzella & Associates, P.C.
By:
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R. J. MARZELLA & ASSOCIATES, P.C.
BY: Jan S. Barnett, Esquire
Pennsylvania Supreme Court I.D. No, 66122
3513 North Front Street
Harrisburg, PA 17110
Telephone: (717) 234-7828
Fac.imUp.: (717\ 234-6883
Attorneys for Plaintiff, Rosemary
Lyons, individually and As Executrix
ofthe E.tate ofRalnh Lvon.. .Jr.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
ROSEMARY LYONS, individually and
As Executrix of the Estate of RALPH
LYONS, JR., Deceased,
DOCKET NO. 00-1677 Civil Term
Plaintiff
vs.
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
JURY TRIAL DEMANDED
PRAECIPE FOR WITHDRAWIENTRY OF APPEARANCE
TO THE PROmONOTARY OF CUMBERLAND COUNTY:
Kindly withdrawal my appearance on behalf of the Plaintiffs in the above-
captioned matter.
Dated: ~bh /01
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Dated:
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Kindly enter my appearance on behalf of the Plaintiffs in the above-captioned
By:
squire
ntification No. 66856
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CERTIFICATE OF SERVICE
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The undersigned hereby certifies that a true and correct copy of the foregoing
drc~ent was served upon all parties of record this I (p 1G day of
~ , 2004, by depositing said copy in the United States Mail at
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Harrisburg, Pennsylvania, postage prepaid, First Class delivery, and addressed as follows:
John F. Yaninek, Esquire
METTE, EVANS & WOODSIDE
3401 North Front Street
Post Office Box 5950
Harrisburg, P A 17110-0950
Counsel for Defendants, Lorraine Yurcic & Holy Spirit Hospital
R. J. Marzella & Associates, P.C.
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ROSEMARY LYONS, Individually and
As Executrix of the Estate of
RALPH LYONS, JR., Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 00-1677 Civil Term
v.
CIVIL ACTION - LAW
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
JURY TRIAL DEMANDED
ORDER
AND NOW, this /:[iJ day of 1rn~
, 2004, upon consideration of
Defendants' Motion for Issuance of a Case Management Conference, IT IS HEREBY
ORDERED that a case management conference will be held on ~//J( p . ,'!f ,2004,
beginning at ;).; 36 , P' m., in (J h/J?7it No ''1-7/ L /../414. M AUr4
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ROSEMARY LYONS, Individually and
As Executrix of the Estate of
RALPH LYONS, JR., Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 00-1677 Civil Term
v.
CIVIL ACTION - LAW
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
JURY TRIAL DEMANDED
DEFENDANTS' MOTION FOR ISSUANCE OF A
CASE MANAGEMENT CONFERENCE
AND NOW, come the Defendants, Lorraine Yurcic and Holy Spirit Hospital, by and
through their attorneys, Mette, Evans & Woodside, and file this Motion for Issuance of A
Scheduling Order pursuant to Pa. R.C.P. 1042.41, and in support thereof avers as follows:
I. Plaintiff filed a Complaint on or about March 20, 2000.
2. Defendants filed an Answer to Plaintiff's Complaint on or about May 4,2000.
4. Defendants request this Honorable Court issue a scheduling order to provide
direction in the case at hand.
5. Defendants request that this Honorable Court first schedule a case management
conference prior to issuance of the scheduling order.
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WHEREFORE, Defendants, Lorraine Yurcic and Holy Spirit Hospital, respectfully
request this Honorable Court schedule a case management conference or, in the alternative, issue
a scheduling order in the case at hand.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
Date: May 4, 2004
F. Y ,Esquire
p. Ct. LD. No. 55741
3401 North Front Street; P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Defendants
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CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the person(s)
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg,
Pennsylvania, with first-class postage, prepaid, as follows:
Charles W. Marsar, Esquire
RJ. Marzella & Associates, P.C.
3513 North Front Street
Harrisburg, P A 1711 0
By:
Jo F. Yanine ,Esquire
Sup. Ct.I.D. N 55741
3401 North Front Street
P. O. Box 5950
Harrisburg, P A 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Defendants
Date: May 4, 2004
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R. J. MARZELLA & ASSOCIATES, P.e.
BY: Jan S. Barnett, Esquire
Pennsylvania Supreme Court I.D. No. 66122
3513 North Front Street
Harrisburg, PA 17110
Telephone: (717) 234-7828
Facsimile: (717) 234-6883
Attorneys for Plaintiffs,
Ralph Lyons, Jr. and Rosemary Lyons
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RALPH LYONS, JR. and ROSEMARY
LYONS, husband and wife,
108 Old Mill Road
Camp Hill, P A 17011
DOCKET NO,(lt"} -/(,,7'1
Plaintiffs
vs,
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
503 North 21st Street
Camp Hill, P A 17011
Defendants
JURY TRIAL DEMANDED
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and
No1ice are served, by entering a written appearance personally or by attorney and filing in writing
with the Court your defense or objections to the claims set forth against you, You are warned that
if you fail to do so the case may proceed without you and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any claim or
relief requested by the Plaintiff, You may lose money or property or other rights important to you,
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania
(717) 249-3166
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NOTICIA
Le han demandado a usted en la corte, Si usted guiere defenderse de estas demandas
expuestas en las paginas siguintes, usted tiene viente (20) dias de plaza al partir de la fecha de la
demanda y la nontificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por
abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en
contra de su p esona, Sea avisado que si usted no se defiende, la corte tomara medidas y puede
entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es
pedido en la peticion de demanda, Usted pueda perder dinero 0 sus propiedades 0 otros derechos
importantes para usted,
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. S1 NO TIENE
ABOGADO 0 S1 NO TIENE EL DINERO SUF1CIENTE DE PAGAR TAL SERV1C10, VAYA
EN PERSONA 0 LLAME POR TELEFONO A LA LF1CINA CUY A DIRECC10N SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PEUDE CONSEGUlR
AS1STENC1A LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania
(717) 249-3166
R. J. Marzella & Associates, P.C.
B~r!~k
S, Barnett, EsqUIre
Attorney Identification No. 66856
Dated: March 13.2000
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R. J. MARZELLA & ASSOCIATES, P.c.
BY: Jan S. Barnett, Esquire
Pennsylvania Supreme Court I.D. No. 66122
3513 North Front Street
Harrisburg, PA 17110
Telephone: (717) 234-7828
Fac.imile: (717) 234-6883
Attorneys for Plaintiffs,
Ralph Lyons, Jr. and Rosemary Lyons
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RALPH LYONS, JR. and ROSEMARY
LYONS, husband and wife,
DOCKET NO. It'O - /(,,77 {1;u leU-
Plaintiffs
vs.
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
JURY TRIAL DEMANDED
COMPLAINT
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Parties to the Action
1. Plaintiffs, Ralph Lyons, Jr. and Rosemary Lyons, husband and wife, are
adult individuals residing at 108 Old Mill Road, Camp Hill, Pell11sylvania 17011,
2. Defendant, Lorraine Yurcic, LPN, is a licensed practical nurse, with a place
of business at Holy Spirit Hospital, 503 North 21 sl Street, Camp Hill, Pell11sylvania 17011-
2288.
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3, Defendant, Holy Spirit Hospital is a hospital licensed under the laws of the
Commonwealth of Pennsylvania, with its principal place of business at 503 North 21st
Street, Camp Hill, Pennsylvania 17011-2288.
Summary of the Causes of Action
4. On or about November 24, 1998, Ralph Lyons, Jr, was admitted to Holy
Spirit Hospital under the care of Gaspere Geraci, M.D.
5, The reason for Mr. Lyons' admission was that he had been experiencing
episodes of light-headedness and feelings of faintness, accompanied by near-syncope and
incontinence.
6, Mr. Lyons was admitted to Holy Spirit Hospital for atrial fibrillation and
work-up on the telemetry floor for dizziness and heart palpitations.
7. At the time of his admission, Mr. Lyons was seventy-two years old and had
a history of diabetes since 1975.
8. At the time of his admission to Holy Spirit Hospital, Mr. Lyons also had
peripheral neuropathy from his diabetes to the point that he had very little feeling or pain
or discomfort in his lower extremities.
9, At the time of his admission, it was noted that Mr, Lyons had arthritis since
1976 for which he had been taking Lodine.
10, The medication Lodine increases the risk that a patient will falL
11. Also, upon his admission, it was noted by the admitting doctor that Mr,
Lyons was taking Ativan.
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12. The medication Ativan increases the risk that a patient will fall.
13. Upon his admission, it was noted by Dr. Geraci, the admitting physician,
that Mr. Lyons had an episode at home the previous day where Mr, Lyons had nearly
fainted, sat down, and became incontinent.
14. Upon his admission, it was noted by the admitting doctor that Mr. Lyons
had been in rehabilitation three "times for his knees, and falls a lot".
15. At the time of his admission, Mr. Lyons was approximately 6'3" tall, and
weighed approximately 300 pounds.
16, At the time of his admission, Mr. Lyons was obese,
17, A patient who is obese has an increased risk of falling.
18. A Social Service assessment on November 24, 1998, noted that Mr, Lyons
required much assistance from his wife at home with bathing and dressing, and that he had
been receiving help from ComfortCare, a home health agency,
19. During his admission, Mr. Lyons was continued on the medication Lasix.
20. The medication Lasix has an adverse effect of causing orthostatic
hypotension.
21. At the time of admission, the Patient Admission Assessment notes that Mr.
Lyons suffered from dizziness that "comes anytime", altered sensation, generalized
weakness, and needed knee replacements.
22. The Patient Admission Assessment also notes that Mr. Lyons ambulates
with a walker, and that he must have assistance.
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23. The Patient Admission Assessment establishes that Mr. Lyons met "criteria
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for at risk for falls", specifically, he was debilitated (weak), had a mobility deficit, and had
urinary alteration/retention.
24.
The Patient Admission Assessment also notes that Mr. Lyons reported that
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his ambulating capability had recently declined,
25, At approximately 14:00 hours on November 24, 1998, the Nursing Care
Record/Patient Care Notes indicate that Mr. Lyons' wife, Rosemary Lyons, requested that
Mr, Lyons have assistance at all times.
26.
Mrs. Lyons had provided a bedside commode for Mr. Lyons to use while in
the hospital, in order to ensure his safety, and instructed the nursing staff to have Mr.
Lyons use the bedside commode rather than the toilet in the bathroom for fear that Mr.
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Lyons would fall in or on the way to the bathroom.
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27,
Mrs. Lyons also provided an oversized walker for Mr. Lyons to use while in
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the hospital; however, Mrs. Lyons was informed that the oversized walker could not be
used in the hospital, and therefore a smaller hospital-issued walker was provided to Mr.
Lyons for his stay in the hospital.
28. At the time of his admission, Mrs. Lyons held a power of attorney to direct
Mr. Lyons' medical care, and the nursing staff at Holy Spirit Hospital were made aware of
this fact.
29. The telemetry record of Mr, Lyons' hospitalization shows that he suffered
an episode of atrial fibrillation at or about 19:29 on November 24, 1998, and was
"lightheaded" ,
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Rather than having the patient use the bedside commode that had been
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30. At approximately 00:01 on November 25,1998, a nurse assessed Mr. Lyons
as having generalized weakness.
31. At approximately 04:35 on November 25, 1998, Mr. Lyons requested
assistance to go to the bathroom.
provided by Mrs, Lyons, Mr. Lyons was taken to the bathroom by a sole female nurse,
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Lorraine Yurcic, and with the walker issued by the hospital.
33.
When attempting to turn around in the bathroom, Mr. Lyons lost his balance
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and fell against the shower door.
34.
As a result of his fall, Mr. Lyons suffered a fracture/dislocation at the right
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ankle with a trimal1eo1ar ankle injury and postereo1ateral dislocation of the talus at the
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tibiotalar joint. A fibular fracture was also noted.
35. A closed reduction was performed at the bedside without anesthesia on
November 25, 1998,
36, As a direct and proximate result of the negligence of Defendants in causing
or contributing to his fall on November 25, 1998 as detailed below, Mr. Lyons suffered the
injuries to his right ankle, developed an infection and required additional surgery and
extensive rehabilitation and medical treatment, including lengthy hospitalizations.
37. As a direct and proximate result of the negligence of the Defendants, jointly
and severally, as described more fully below, Plaintiffs have incurred significant medical
expenses and will continue to incur such expenses in the future, for all of which damages
are claimed,
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38. As a direct and proximate result of the negligence of the Defendants as
described more fully below, Mr. Lyons has experienced extreme pain and suffering,
extensive and permanent scarring and disfigurement, embarrassment, humiliation, a'ld loss
of the enjoyment oflife's pleasures, and will continue to suffer such losses in the future, for
all of which damages are claimed,
39, The negligence of the Defendants increased the risk that Plaintiff would
suffer serious injury and was a substantial factor in causing the damages listed above.
COUNT I
RALPH LYONS, JR. vs. LORRAINE YURCIC
Negligence
40. The averments of Paragraphs I through 39 of Plaintiffs' Complaint are
incorporated herein by reference.
41. At the pertinent times stated in this Complaint, Ralph Lyons, Ir. was a
patient of Nurse Lorraine Yurcic, and was receiving medical care and treatment from her.
42, At the pertinent times stated in this Complaint, Nurse Yurcic was acting
within the course and scope of her employment with Holy Spirit Hospital.
43, Nurse Yurcic had a duty to make certain that Mr. Lyons did not fall or
sustain an injury when she assisted the patient to the bathroom.
44, Nurse Yurcic had a duty to follow and adhere to the recommendations
and/or orders relating to Mr. Lyons' care; however,' she failed to do so,
45. Nurse Yurcic breached the applicable standard of care, and was negligent in
the following particulars:
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(a) improperly assisting Mr. Lyons to the bathroom;
(b) disobeying and/or disregarding orders or recommendations by Mr.
Lyons' primary caregiver, Mrs. Lyons, and/or her supervisors or superiors,
regarding the assistance to be rendered to Mr. Lyons;
(c) failing to summon additional assistance to help Mr. Lyons to the
bathroom;
(d) failing to consider or appreciate the fact that Mr. Lyons was at risk
for falling in light of his clinical condition and medical history;
(e) failing to consider or appreciate the fact that Mr. Lyons was at risk
for falling in light of the medications he was or had been taking;
(f) failing to consider or appreciate the fact that Mr. Lyons may have
been disoriented or confused at the time he requested assistance to the bathroom;
(g) failing to utilize the bedside commode as Mrs. Lyons had instructed,
requested, and/or ordered;
(h) failing to keep Mr. Lyons from falling in the bathroom;
(i) failing to review the pertinent portions of Mr. Lyons' medicul chart
indicating that he was at risk for falls;
(j) failing to appreciate the significance of the pertinent portions of Mr.
Lyons' medical chart indicating that he was at risk for falls;
(k) failing to appreciate Mr. Lyons' problems with gait and/or mobility
and/or ambulating;
(1) failing to communicate with other members of the nursing staff as to
Mr. Lyons' ability to ambulate;
(m) failing to consider the patient's weight and/or size as a prominent
factor in maintaining his safety while assisting him to the bathroom;
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(n) failing to allow appropriate time to compensate for orthostatic
hypotension before assisting Mr. Lyons to the bathroom;
(0) failing to assess the patient for signs and symptoms of orthostatic
hypotension prior to leaving the bedside;
(P) failing to assess or reassess Mr. Lyons to determine whether he was
oriented or confused at the time he requested assistance in using the bathroom and
before taking him to the bathroom;
(q) failing to appropriately use or instruct the patient in the use of the
hospital-supplied walker in taking Mr. Lyons to the bathroom;
(r) failing to use appropriate equipment to aid in assisting the patient to
the bathroom;
(s) failing to utilize appropriate procedures or methods to ease the
patient to the floor when he fell in the bathroom; and
(t) failing to adhere to hospital policies and/or regulations pertaining to
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patient assists,
46.
The ambulatory assistance provided to Mr. Lyons was under the exclusive
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control and management of Defendant, Nurse Yurcic.
47. The event causing injury to Mr. Lyons was of a kind which ordinarily does
not occur in the absence of negligence on the part of the person responsible for assisting
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the patient.
48. Therefore, Defendant Nurse Yurcic was negligent in the performance of her
duties and caused the injuries suffered by Mr. Lyons.
49. The negligence of the Defendant increased the risk and was a substantial
factor in causing the injuries and expenses to Plaintiffs as alleged above, and for all of
which damages are claimed.
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50, As a direct and proximate result of Defendant's negligence as described
above, Plaintiffs have suffered the injuries and expenses alleged above, and for all of
which damages are claimed.
WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in
excess of THIRTY-FIVE THOUSAND DOLLARS ($35,000,00), together with interest and costs
thereon as allowed by law.
COUNT II
ROSEMARY LYONS vs. LORRAINE YURCIC
Loss of Consortium
51. The averments of Paragraphs 1 through 50 of Plaintiffs' Complaint are
incorporated herein by reference.
52,
As a direct and proximate result of the negligence of the Defendant as
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described above, Plaintiff Rosemary Lyons has been deprived of the care, companionship
and services of her husband, for all of which damages are claimed.
53, As a direct and proximate result of the negligence of the Defendant as
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described above, Plaintiff Rosemary Lyons has incurred medical expenses, inconvenience,
and lost earnings for the care of her husband, for all of which damages are claimed.
WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in
excess of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), together with interest and costs
thereon as allowed by law.
9
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COUNT III
RALPH LYONS. JR. vs. HOLY SPIRIT HOSPITAL
Vicarious Liability
54. The allegations contained in Paragraphs I-50 of Plaintiffs' Complaint are
incorporated herein by reference.
55. At the pertinent times stated in this Complaint, Plaintiff Ralph Lyons was
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receiving care and treatment from Lorraine Yurcic, a nurse employed by Defendant Holy
Spirit Hospital, who was in turn acting within the scope of her actual or ostensible
authority or employment with Defendant Holy Spirit Hospital.
56, Holy Spirit Hospital is responsible, as a matter of law, for the negligent acts
of its actual or ostensible agents, servants, and employees committed within the course and
scope of their employment.
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57,
Defendant Holy Spirit Hospital, acting by and through Nurse Yurcic--its
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actual or ostensible agent, servant, and employee for whom it is vicariously liable,
administered negligent medical care and treatment to Ralph Lyons, Jr. in the following
particulars:
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(a) improperly assisting Mr. Lyons to the bathroom;
(b) disobeying and/or disregarding orders or recommendations by Mr.
Lyons' primary caregiver, Mrs. Lyons, and/or her supervisors or superiors,
regarding the assistance to be rendered to Mr. Lyons;
(c) failing to summon additional assistance to help Mr. Lyons to the
bathroom;
(d) failing to consider or appreciate the fact that Mr. Lyons was at risk
for falling in light of his clinical condition and medical history;
10
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(e) failing to consider or appreciate the fact that Mr. Lyons was at risk
for falling in light ofthe medications he was or had been taking;
(1)
failing to consider or appreciate the fact that Mr. Lyons may have
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been disoriented or confused at the time he requested assistance to the bathroom;
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(g) failing to utilize the bedside commode as she had been instructed,
requested and/or ordered by Mrs. Lyons; ,
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failing to keep Mr. Lyons from falling in the bathroom;
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(i) failing to review the pertinent portions of Mr. Lyons' medical chart
indicating that he was at risk for falls;
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G) failing to appreciate the significance of the pertinent portions of Mr.
Lyons' medical chart indicating that he was at risk for falls;
(k) failing to appreciate Mr. Lyons' problems with gait and/or mobility
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and/or ambulating;
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failing to communicate with other members of the nursing staff as to
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Mr, Lyons' ability to ambulate;
(m) failing to consider the patient's weight and/or size as a prominent
factor in maintaining his safety while assisting him to the bathroom;
(n) failing to allow appropriate time to compensate for orthostatic
hypotension before assisting Mr. Lyons to the bathroom;
(0) failing to assess the patient for signs and symptoms of orthostatic
hypotension prior to leaving the bedside;
(P) failing to assess or reassess Mr. Lyons to determine whether he was
oriented or confused at the time he requested assistance in using the bathroom and
before taking him to the bathroom;
11
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(q) failing to use appropriate equipment to aid in assisting the patient to
the bathroom;
(r) failing to appropriately use or instruct the patient in the use of the
hospital-provided walker in taking Mr. Lyons to the bathroom;
(s) failing to utilize appropriate procedures or methods to ease the
patient to the floor when he fell in the bathroom; and
(t) failing to adhere to hospital policies and/or regulations pertaining to
patient assists,
58, The assistance provided to Mr. Lyons was under the exclusive control and
management of Nurse Yurcic, who was at the times identified in this Complaint acting as
the actual or ostensible agent, servant and/or employee of Holy Spirit HospitaL
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59. The event causing injury to Mr. Lyons was of a kind which ordinarily does
not occur in the absence of negligence on the part of the person responsible for assisting
the patient.
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Therefore, Defendant Holy Spirit Hospital, acting by and through its agent,
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servant or employee identified above, was negligent in the performance of its duties and
caused the injuries suffered by Mr. Lyons and described above.
61. The negligence of the Defendant, acting by and through Nurse Yurcic,
increased the risk and was a substantial factor in causing the injuries and expel'ses to
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Plaintiffs as alleged above, and for all of which damages are claimed,
62. As a direct and proximate result of Defendant's negligence as described
above, Plaintiffs have suffered the injuries and expenses alleged above, and for all of
which damages are claimed.
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WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in
excess of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), together with interest and costs
thereon as allowed by law.
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Loss of Consortium
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COUNT IV
ROSEMARY LYONS vs. HOLY SPIRIT HOSPITAL
63, The averments of Paragraphs 1-50, 54-62 of Plaintiffs' Complaint are
incorporated herein by reference.
64. As a direct and proximate result of the negligence of the Defendant as
described above, acting by and through its actual Dr ostensible agent, servant Dr employee
Nurse Yurcic, Plaintiff Rosemary Lyons has been deprived of the care, companionship and
services of her husband, Ralph Lyons, Jr., for all of which damages are claimed.
65. As a direct and proximate result of the negligence of the Defendant as
described above, Plaintiff Rosemary Lyons has incurred medical expenses, inconvenience,
and lost earnings for the care of her husband, for all of which damages are claimed,
WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in
excess of THIRTY-FIVE THOUSAND DOLLARS ($35,000,00), together with interest and costs
thereon as allowed by law.
COUNT V
RALPH LYONS. JR. vs. HOLY SPIRIT HOSPITAL
Corporate Negligence
66. The averments of Paragraphs 1 through 39 of Plaintiffs' Complaint are
incorporated herein by reference.
13
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67. Defendant Holy Spirit Hospital had a duty to ensure its patients' safety and
well-being while in the hospital.
68, Defendant Holy Spirit Hospital is liable to the Plaintiffs, under the
corporate negligence doctrine, for the injuries and damages alleged herein which were
directly and proximately caused by its negligence with respect to Ralph Lyons, Jr., by:
(a) failing to have available safe, adequate, and well-maintained
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equipment reasonable and necessary to properly assist patients in ambulating;
(b) failing to select and retain only competent nurses with regard to
assisting patients with ambulation;
(c) failing to oversee its nursing staff with regard to its competency and
ability in ensuring the safety of its patients in ambulating;
(d) failing to institute appropriate and proper training and/or evaluation
(e) failing to formulate, adopt and/or enforce adequate and appropriate
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of its nursing staff with regard to the ambulation of its patients;
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rules or regulations pertaining to patient assists and ambulation;
(1) failing to formulate, adopt and/or enforce adequate and appropriate
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rules or regulations pertaining to properly and conspicuously marking the charts of,
or otherwise alerting nursing personnel to patients who qualify as high-risk-for-
falls patients;
(g) failing to institute objective criteria to determine the appropriate
number of personnel and/or manner of assists for patients at risk for falls;
(h) failing to properly train its personnel in assisting patients at risk for
falls; and
(i) failing to have adequate staffing at the time ofMr. Lyons' fall.
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69, Defendant Holy Spirit Hospital had actual or constructive knowledge of the
defect or procedures described above, which fell below the standard of care, and which
created the harm caused to Plaintiffs.
70. The negligence of Defendant Holy Spirit Hospital, described above, was a
substantial factor in bringing about the harm and damages alleged above and suffered by
Plaintiffs, for all of which damages are claimed.
71. As a direct and proximate result of the negligence of Holy Spirit Hospital,
Plaintiffs suffered the injuries and damages alleged above, for all of which damages are
claimed,
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WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in
excess of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), together with interest and costs
thereon as allowed by law,
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COUNT VI
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Loss of Consortium
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ROSEMARY LYONS vs. HOLY SPIRIT HOSPITAL
72.
The averments of Paragraphs 1-39, 66-71 of Plaintiffs' Complaint are
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73. As a direct and proximate result of the negligence of the Defendant as
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incorporated herein by reference.
described above, Plaintiff Rosemary Lyons has been deprived of the care, companionship
and services of her husband, Ralph Lyons, Jr., for all of which damages are claimed.
74. As a direct and proximate result of the negligence of the Defendant as
described above, Plaintiff Rosemary Lyons has incurred medical expenses, inconvenience,
and lost earnings for the care of her husband, for all of which damages are claimed.
15
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WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in
excess of THIRTY-FIVE THOUSAND DOLLARS ($35,000,00), together with interest and costs
thereon as allowed by law,
Respectfully submitted,
R. J. Marzella & Associates, P.C.
Dated: March 13, 2000
16
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VERIFICATION
We, Ralph Lyons, Jr. and Rosemary Lyons, do hereby swear and affirm that the
facts and matters set forth in the foregoing Complaint are true and correct to the best of
our knowledge, information and belief.
We understand that the statements made therein are made subject to the penalties
Dated: I - n - d tJ]J))
of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities.
RID~~ ~ ~Jj/
Dated: (-13 - ;Slffi'l
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Rosemary Lyons
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CASE NO: 2000-01677 P
SHERIFF'S RETURN - REGULAR
Amended
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LYONS RALPH JR ET AL
VS
YURCIC LORRAINE ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
HOLY SPIRIT HOSPITAL
the
DEFENDANT
, at 0015:15 HOURS, on the 21st day of March
, 2000
at 503 N. 21ST ST
CAMP HILL, PA 17011
by handing to
GWEN BINNER (SECRETARY TO
VICE-PRESIDENT)
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Amended
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
S;;::i2_~
R. Thomas Kline
03/22/2000
R.J. MARZELLA
Sworn and Subscribed to before
me this
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day of
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~YL<' a. ~ ~..-
~rothonotary ,
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01677 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LYONS RALPH JR ET AL
VS
YURCIC LORRAINE ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
YURCIC LORRAINE
the
DEFENDANT
, at 0003:15 HOURS, on the 21st day of March
, 2000
at 503 N. 21ST ST
CAMP HILL, PA 17011
by handing to
GWEN BINNER (Secretary to Vice-President)
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.30
.00
10.00
.00
37.30
SO;::~~i
R. Thomas Kline
me this /0 e
day of
03/22/2000
R.J. MARZELLA & ASSOC ~, ~
By: ~ /ZIJ ~
Deputy S~eriff
Sworn and Subscribed to before
~ .2tJv-D < A.D.
C)'r" a ~ .~
rothonotary .
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RALPH LYONS, JR. and ROSEMARY
LYONS, husband and wife,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiffs
v.
No. 00-1677 CIVIL TERM
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
JURY TRIAL DEMANDED
Defendants
NOTICE TO PLEAD
TO: Jan S. Barnett, Esquire
R. J. Marzella & Associates, p.e.
3513 North Front Street
Harrisburg, PA 17110
You are hereby notified to plead to the within document within twenty
(20) days after service hereof, or a default judgment may be entered against you.
METTE, EVANS & WOODSIDE
MICHAELD.PIPA E QUIRE
Sup. Ct. I.D. # 5362
KATHLEEN DOYLE YANINEK, ESQUIRE
Sup. Ct. LD. # 73445
3401 North Front Street
P.O. Box 5950
Harrisburg,. PA 17110-0950
717-232-5000
Attorneys for Defendants Lorraine Yurcic and
Holy Spirit Hospital
Dated:
May 4, 2000
,222546_
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RALPH LYONS, JR. and ROSEMARY
LYONS, husband and wife,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
Plaintiffs
v.
No. 00-1677 CIVIL TERM
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
JURY TRIAL DEMANDED
Defendants
ANSWER AND NEW MATTER OF DEFENDANTS
LORRAINE YURCIC AND HOLY SPIRIT HOSPITAL
AND NOW, comes the Defendants Lorraine Yurcic and Holy Spirit
Hospital, by and through their attorneys, Mette, Evans & Woodside, P.C. and in
response to Plaintiffs' Complaint avers the following:
1. Denied. After reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments
set forth in paragraph 1 of the Plaintiffs' Complaint and, therefore, said averments
are deemed denied.
2.-3. Admitted.
4.-9. Admitted in part, denied in part. It is admitted only that on
November 24, 1998, Ralph Lyons, Jr. was admitted to Holy Spirit Hospital. The
Plaintiffs' summary and/or characterization of Plaintiff Mr. Lyons' medical history
and his condition, care, treatment, etc. is denied pursuant to Rule 1029(e). By way of
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further answer, the patient's diagnosis, condition, care and treatment are reflected in
the medical records, all of which are in writing and speak for themselves.
10. Denied pursuant to Rule 1029(e).
11. Denied pursuant to Rule 1029(e). By way offurther answer, all
matters relating to the admission, including Plaintiffs' summary and/or
characterization of Plaintiff Mr. Lyons' condition, care, treatment, etc. are denied
generally, as such matters such as the patient's diagnosis, condition, care and
treatment are reflected in the medical records, which are in writing and speak for
themselves.
12. Denied pursuant to Rule 1029(e).
13.-17. Denied pursuant to Rule 1029(e). By way of further
answer, all matters relating to the admission, including Plaintiffs' summary and/or
characterization of Plaintiff Mr. Lyons' condition, care, treatment, etc. are denied
generally, as such matters such as the patient's diagnosis, condition, care and
treatment are reflected in the medical records, which are in writing and speak for
themselves.
18. Denied. After reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments
set forth in paragraph 18 of the Plmntiffs' Complaint and, therefore, said averments
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are deemed denied. By way of further response, to the extent paragraph 18 attempts
to characterize or summarize the medical records, said characterization,
mischaracterization, and/or summary are denied. Further, the Social Service
Assessment, which is in writing, speaks for itself.
19. Denied pursuant to Rule 1029(e). By way of further answer, all
matters relating to the admission, including Plaintiffs' summary and/or
characterization of Plaintiff Mr. Lyons' condition, care, treatment, etc. are denied
generally, as such matters such as the patient's diagnosis, condition, care and
treatment are reflected in the medical records, which are in writing and speak for
themselves.
20. Denied pursuant to Rule 1029(e).
21.-25. Denied pursuant to Rule 1029(e). By way of further
answer, all matters relating to the admission, including Plaintiffs' summary and/or
characterization of Plaintiff Mr. Lyons' condition, care, treatment, etc. are denied
generally, as such matters such as the patient's diagnosis, condition, care and
treatment are reflected in the medical records, which are in writing and speak for
themselves.
26.-27.
Denied pursuant to Rule 1029(e). By way of further
answer, all matters relating to the admission, including Plaintiffs' summary and/or
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characterization of Plaintiff Mr. Lyons' condition, care, treatment, etc. are denied
generally, as such matters such as the patient's diagnosis, condition, care and
treatment are reflected in the medical records, which are in writing and speak for
themselves. By way of further answer, after reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to the truth of the
averments relating to actions allegedly taken by Mrs. Lyons.
28. Denied. Mter reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to the truth of the averment
that Mrs. Lyons held a power of attorney to direct Mr. Lyons' medical care and,
therefore, said averment is deemed denied. The remaining averments of paragraph
28 are further denied pursuant to Rule 1029(e).
29.-31. Admitted in part and denied in part. It is admitted only
that Plaintiff Ralph Lyons at some point expressed a desire to use the bathroom
facility. The remaining averments of these paragraphs are denied pursuant to Rule
1029(e). By way offurther answer, all matters relating to the admission, including
Plaintiffs' summary and/or characterization of Plaintiff Mr. Lyons' condition, care,
treatment, etc. are denied generally, as such matters such as the patient's diagnosis,
condition, care and treatment are reflected in the medical records, which are in
writing and speak for themselves.
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32. Admitted in part and denied in part. It is admitted only that
Lorraine Yurcic assisted with Mr. Lyons' trip to the bathroom, at the express desire
of Mr. Lyons. It is denied that Mr. Lyons was "taken to the bathroom" by her. The
remaining averments are denied pursuant to Rule 1029(13).
33.-35.
Admitted in part and denied in part. It is admitted only
that Plaintiff Ralph Lyons fell while in the bathroom, and suffered injury in the fall.
Plaintiffs' characterizations of the manner in which the fall occurred and other
averments are denied pursuant to Rule 1029(13). By way offurther answer, paragraph
34 contains legal conclusions to which no response is required.
36.-39.
Denied. The averments of paragraphs 36-39 are
conclusions of law to which no response is required. To the extent a response is
deemed required, the averments set forth in paragraphs 36-39 are denied and at issue
pursuant to Rule 1029(13).
COUNT I
Raluh Lvons. Inc. V. Lorraine Yurcic
Negligence
40. The averments of paragraphs 1 through 39 hereof are
incorporated herein by reference as though fully set forth.
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41. Denied generally pursuant to Rule 1029(e). It is admitted,
however, as set forth above, that Ms. Yurcic responded to Mr. Lyons' expressed desire
that she be involved with his attempted use of the bathroom facility.
42. This paragraph of the Complaint contains legal conclusions to
which no response is required. To the extent a response is required, it is admitted
that Ms. Yurcic was an employee of Holy Spirit Hospital.
43.-50. Denied. The averments of paragraphs 43-50 are
conclusions of law to which no response is required. To the extent a response is
deemed required, the averments set forth in paragraphs 43-50 are explicitly and
denied and placed at issue pursuant to Rule 1029(e). By way of further answer, it is
denied that Ms. Yurcic breached any duty to Mr. Lyons or that her actions can in any
way be characterized as negligent or as the proximate, legal cause of any injury
suffered by Mr. Lyons. It is further denied specifically that the event is the kind of
event that ordinarily does not occur in the absence of negligence on the part of
person(s) in the position of Ms. Yurcic.
WHEREFORE, Defendants Lorraine Yurcic and Holy Spirit Hospital
demand that Plaintiffs' Complaint be dismissed with prejudice and such other relief
as the Court deems just and proper.
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COUNT II
Rosemarv Lyons y. Lorraine Yurcic
Loss of Consortium
51. The averments of paragraphs 1 through 50 hereof are
incorporated herein by reference as though fully set forth.
52.-53.
Denied. The averments of paragraphs 52-53 are
conclusions of law to which no response is required. To the extent a response is
deemed required, the averments set forth in paragraphs 52-53 are denied and placed
at issue pursuant to Rule 1029(e). By way of further answer, it is denied that the
actions of Ms. Yurcic can properly be characterized as negligence or as the proximate,
legal cause of any injury that Mrs. Lyons may have suffered.
WHEREFORE, Defendants Lorraine Yurcic and Holy Spirit Hospital
demand that Plaintiffs' Complaint be dismissed with prejudice and such other relief
as the Court deems just and proper.
COUNT III
Ralph Lyons. Jr. y. Holy Spirit Hosnital
Vicarious Liability
54. The averments of paragraphs 1 through 53 hereof are
incorporated herein by reference as though fully set forth.
55. Denied in part; admitted in part. It is admitted that Lorraine
Yurcic was employed by Defendant Holy Spirit Hospital and was acting within the
-7-
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scope of her authority. The remaining averments of paragraph 55 are denied
pursuant to Rule 1029(e). By way of further answer, the responses set forth above,
including especially those set forth in response to paragraphs 31 and 32, are
incorporated herein by reference.
56.-57.
Denied. The averments of paragraphs 56-57 are
conclusions of law to which no response is required. To the extent a response is
deemed required, the averments set forth in paragraphs 56-57 are denied pursuant to
Rule 1029(e). By way of further answer, it is denied that the actions of either
Defendant can properly be characterized as negligence or as the proximate, legal
cause of any injury that Mr. Lyons may have suffered.
58. Denied in part; admitted in part. It is admitted that Nurse Yurcic
was an employee of Holy Spirit Hospital, and that no one else was involved in Mr.
Lyons' attempt to use the bathroom facility at the relevant time. The remaining
averments of paragraph 58 are conclusions of law to which no response is required.
To the extent a response is deemed required, the averments are denied pursuant to
Rule 1029(e).
59.-62.
Denied. The averments of paragraphs 59-62 are
conclusions of law to which no response is required. To the extent a response is
deemed required, the averments are denied pursuant to Rule 1029(e). By way of
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further answer, it is denied that the actions of either Defendant can properly be
characterized as negligence or as the proximate, legal cause of any injury that Mr.
Lyons may have suffered. It is further denied specifically that the event is the kind of
event that ordinarily does not occur in the absence of negligence on the part of
person(s) in the position of either Defendant.
WHEREFORE, Defendants Lorraine Yurcic and Holy Spirit Hospital
demand that Plaintiffs' Complaint be dismissed with prejudice and such other relief
as the Court deems just and proper.
COUNT IV
Rosemary Lvons v. Holy 80irit Hosoital
Loss of Consortium
63. The averments of paragraphs 1 through 62 hereof are
incorporated herein by reference as though fully set forth.
64.-65.
Denied. The averments of paragraphs 64-65 are
conclusions of law to which no response is required. To the extent a response is
deemed required, the averments are denied pursuant to Rule 1029(e). By way of
further answer, it is denied that the actions of either Defendant can properly be
characterized as negligence or as the proximate, legal cause of any injury that Mrs.
Lyons may have suffered.
-9-
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WHEREFORE, Defendants Lorraine Yurcic and Holy Spirit Hospital
demand that Plaintiffs' Complaint be dismissed with prejudice and such other relief
as the Court deems just and proper.
COUNT V
Ralph Lyons. Jr. y. Holy 8uirit Hosuital
Corporate Negligence
66. The averments of paragraphs 1 through 65 hereof are
incorporated herein by reference as though fully set forth.
67.-71.
Denied. The averments of paragraphs 67-71 are
conclusions of law to which no response is required. To the extent a response is
deemed required, the averments set forth in paragraphs 67-71 are denied pursuant to
Rule 1029(e). By way of further answer, the averments of paragraphs 68 and 69 in
particular are overbroad, vague and general, and under the circumstances
Defendants are unable to respond more specifically. Pursuant to Rule 1029(e), it is
denied that Holy Spirit Hospital had knowledge of any defect or procedure that
allegedly caused harm to the Plaintiffs.
WHEREFORE, Defendants Lorraine Yurcic and Holy Spirit Hospital
demand that Plaintiffs' Complaint be dismissed with prejudice and such other relief
as the Court deems just and proper.
-10-
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COUNT VI
Rosemarv Lyons y. Holy 8nirit Hosnital
Loss of Consortium
72. The averments of paragraphs 1-71 hereof are incorporated herein
by reference as though fully set forth.
73.-74.
Denied. The averments of paragraphs 73-74 are
conclusions of law to which no response is required. To the extent a response is
deemed required, the averments are denied pursuant to Rule 1029(e). By way of
further answer, it is denied that the actions of either Defendant can properly be
characterized as negligence or as the proximate, legal cause of any injury that Mrs.
Lyons may have suffered.
WHEREFORE, Defendants Lorraine Yurcic and Holy Spirit Hospital
demand that Plaintiffs' Complaint be dismissed with prejudice and such other relief
as the Court deems just and proper.
NEW MATTER
75. The averments of paragraphs 1-74 hereof are incorporated herein
by reference as though fully set forth.
76. Plaintiffs' claims are barred by operation of the applicable statute
oflimitations, including 42 Pa.C.S.A. ~5524 and 42 P.S. H301.605.
-11-
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77. Plaintiffs have failed to state a claim upon which relief can be
granted against Lorraine Yurcic.
78. Plaintiffs have failed to state the claim upon which relief can be
granted against Holy Spirit Hospital.
79. Plaintiffs' claims are limited and barred by the provisions of the
Pennsylvania Comparative Negligence Act.
80. Plaintiffs' claims are limited and barred by application of the
doctrine of Assumption of the Risk.
81. The damages alleged by Plaintiffs did not result from acts or
omissions of the answering Defendants, their agents, servants, or employees.
82. Plaintiffs' claims are limited and barred by Sections 103, 602, and
606 of the Health Care Services Malpractice Act of 1974,42 P.S. ~1301 et seq., as
amended.
83. Holy Spirit Hospital provided full, proper, adequate, and
reasonable care and treatment to Plaintiff Ralph Lyons, Jr. at all times while he was
a patient at the hospital and met the medical and legal standard of care required of
them it all respects.
84. Lorraine Yurcic provided full, proper, adequate and reasonable
nursing care and treatment to Plaintiff Ralph Lyons, Jr. at all times while he was a
-12-
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patient at Holy Spirit Hospital and she met the nursing standard of care required of
her in all respects.
85. Holy Spirit Hospital specifically denies any and all allegations of
negligence and malpractice.
86. Lorraine Yurcic specifically denies any and all allegations of
negligence and malpractice.
87. Any alleged negligence of the answering Defendants, the same
being specifically denied, was not a substantial factor in causing the harm complained
of in this suit.
88. The collateral source rule does not apply, such that if the
Plaintiffs should be awarded any money damages, such possibility being specifically
denied, then the amount of said damages must be reduced by the total amount of any
and all payment that the Plaintiffs received from any and all collateral sources for
any injuries and/or damages that the Plaintiffs allegedly suffered in this matter.
89. If the Plaintiffs should be awarded any money damages, such
possibility being specifically denied, then the amount of said damages must be
reduced by the total amount of any and all medical expenses charged but not actually
paid by or on behalf of the Plaintiffs; that is, any amount recovered by the Plaintiffs
-13-
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must be reduced by the amount of any and all medical expenses "written-off" by any
healthcare provider.
90. The injuries and damages claimed by Plaintiffs were the natural
and progressive result of the medical conditions of Plaintiff Ralph Lyons, Jr., and not
the result of any negligence by Lorraine Yurcic or Holy Spirit Hospital.
91. The injuries of Plaintiff Ralph Lyons, Jr. and the damages, if any,
alleged by the Plaintiffs, which damages are specifically denied, were caused in whole
or in part by conditions or circumstances beyond the control of said Defendants.
92. Plaintiff Ralph Lyons, Jr. was competent to make medical
decisions, and, in fact, signed the following documents as part of the admission
process at Holy Spirit Hospital: Consent to Medical Treatment; Release of Medical
Information; and Statement to Pennit Payment of Medicare Benefits to Providers,
Physicians and Patient.
93. Plaintiff Ralph Lyons, Jr. specifically demanded to use the
bathroom facility and declined to utilize a bedpan, which conduct may constitute a
bar to his claims, including a waiver.
WHEREFORE, Defendants Lorraine Yurcic and Holy Spirit Hospital
demand that Plaintiffs' Complaint be dismissed with prejudice and such other relief
as the Court deems just and proper.
-14-
Dated:
,- .,," hu_ -',-'';: " -,',," , ",r. "'-,"' ~-'"-",,,, ,.-c.,-l-__. " e ,';", "^".,;. ~':".;.;,~,^-;. " ,:,." 0-'':"" w"'- ","'-'''-' ','-"'/<11
Respectfully submitted,
METTE, EVANS & WOODSIDE
~QmRE
Sup. Ct. LD. # 53624
KATHLEEN DOYLE YANINEK, ESQUIRE
Sup. Ct. LD. # 73445
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
717-232-5000
Attorneys for Defendants Lorraine Yurcic and
Holy Spirit Hospital
May 4, 2000
-15-
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VERIFICATION
I, LORRAINE YURCIC, have read the foregoing document and
verify that the facts set forth therein are true and correct to the best of my knowledge,
information and belief. To the extent that the foregoing document and/or its language is
that of counsel, I have relied upon counsel in making this Verification.
I understand that any false statements herein are made subject to
penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities.
DATE:
5-,3,-00
Cf\QM~L7f~
LORRAINE YURCIC
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VERIFICATION
I, RANDY NEWHOUSE, Vice President of Support Services and Risk
Management, on behalf of Holy Spirit Hospital, have read the foregoing document and
verify that the facts set forth therein are true and correct to the best of my knowledge,
information and belief. To the extent that the foregoing document and/or its language is
that of counsel, I have relied upon counsel in making this Verification.
I understand that any false statements herein are made subject to
penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities.
DATE:
~ /3/00
1?~tJJ~-
RANDY NE OUSE
Vice President of Support Services and
Risk Management
HOLY SPIRIT HOSPITAL
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CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document
upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage,
prepaid, as follows:
Jan S. Barnett, Esquire
R. J. Marzella & Associates, P.C.
3513 North Front Street
Harrisburg, PA 17110
METTE, EVANS & WOODSIDE
MICHAEL D. PIPA SQUIRE
Sup. Ct. LD. # 53624
KATHLEEN DOYLE YANINEK, ESQUIRE
Sup. Ct. LD. # 73445
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
717-232-5000
Attorneys for Defendants Lorraine Yurcic and
Holy Spirit Hospital
Dated:
222546
May 4, 2000
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R. J. MARZELLA & ASSOCIATES, P.c.
BY: Jan S. Barnett, Esquire
Pennsylvania Supreme Court I.D. No. 66122
3513 North Front Street
Harrishurg, P A 17110
Telephone: (717) 234-7828
Facsimile: (717) 234-6883
Attorneys for Plaintiffs,
Ralph Lyons, Jr. and Rosemary Lyons
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RALPH LYONS, JR. and ROSEMARY
LYONS, husband and wife,
DOCKET NO. 00-1677 Civil Term
Plaintiffs
vs.
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS,
LORRAINE YURCIC AND HOLY SPIRIT HOSPITAL
Plaintiffs, Ralph Lyons, Jr. and Rosemary Lyons, husband and wife, by and
through their counsel, R. J. Marzella & Associates, PoCo, hereby reply to the New Matter
asserted by Defendants Lorraine Yurcic and Holy Spirit Hospital:
75.
No response is required.
76-80.
The allegations contained in Paragraphs 76-80 of Defendants' New
Matter constitute conclusions of law to which no response is required.
81.
The allegations contained in Paragraph 81 of Defendants' New
Matter are mere denials of the ~l1egations contained in Plaintiffs' Complaint, and are
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therefore inappropriately asserted as New Matter. Furthermore, these allegations constitute
conclusions oflawand therefore no response is required.
82. The allegations contained in Paragraph 82 of Defendants' New
Matter constitute conclusions of law to which no response is required.
84-85. The allegations contained in Paragraphs 84-85 of Defendants' New
Matter are mere denials of the allegations contained in Plaintiffs' Complaint, and are
therefore inappropriately asserted as New Matter. Furthermore, these allegations constitute
conclusions oflaw and therefore no response is required.
86.
No response is required.
87. The allegations contained III Paragraph 87 of Defendants' New
Matter are mere denials of the allegations contained in Plaintiffs' Complaint, and are
therefore inappropriately asserted as New Matter. Furthermore, these allegations constitute
conclusions of law and therefore no response is required.
88-89. The allegations contained in Paragraphs 88-89 of Defendants' New
Matter constitute conclusions oflaw to which no response is required.
90-91. The allegations contained in Paragraphs 90-91 of Defendants' New
Matter are mere denials of the allegations contained in Plaintiffs' Complaint, and are
therefore inappropriately asserted as New Matter. Furthermore, these allegations constitute
conclusions of law and therefore no response is required.
92. It is admitted that Mr. Lyons' signature appears on the admission
documents referred to in Paragraph 92 of Defendants' New Matter. The remainder of the
allegations contained in Paragraph 92 of Defendants' New Matter constitute conclusions of
2
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law to which no response is required. To the extent a response is deemed to be required,
Plaintiffs are without sufficient information to form a belief as to the truth of the remainder
of the allegations, and they are therefore specifically denied.
93. Denied as stated for the reasons stated in Plaintiffs' Complaint. It is
specifically denied that Mr. Lyons "declined to utilize a bedpan." No response is required
to the allegations appearing in Paragraph 93 that constitute conclusions oflaw.
WHEREFORE, Plaintiffs respectfully request that this Court dismiss Defendants'
New Matter, and enter judgment in their favor.
R. J. Marzella & Associates, P.C.
Dated: S- !,;2~ pm
3
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VERIFICATION
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We, Ralph Lyons, Ir. and Rosemary Lyons, do hereby swear and affirm that the
facts and matters set forth in the foregoing document are true and correct to the best of
our knowledge, information and belief.
We understand that the statements made therein are made subject to the penalties
of 18 Pa. CoSo ~ 4904 relating to unsworn falsification to authorities.
Dated: S-/~<f/d-t57JD
Ralph
Dated: S-/dY ~
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Rosemary Lyo
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing
document was served upon all parties of record this cl ~ day of
~./ , 2()OO, by depositing said copy in the United States Mail at
Harrisburg, PennSylVania, postage prepaid, First Class delivery, and addressed as follows:
Michael D. Pipa, Esquire
METTE, EVANS & WOODSIDE
3401 North Front Street
Post Office Box 5950
Harrisburg, P A 1711 0-0950
Counsel for Defendants, Lorraine Yurcic & Holy Spirit Hospital
R. J. Marzella & Associates, P.C.
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R. J. MARZELLA & ASSOCIATES, P.C.
BY: Jan S. Barnett, Esquire
Pennsylvania Supreme Court I.D. No. 66122
3513 North Front Street
Harrishurg, PA 17110
Telephone: (717) 234-7828
Facsimile: (717) 234-6883
Attorneys for Plaintiffs,
Ralph Lyons, Jr. and Rosemary Lyons
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RALPH LYONS, JR. and ROSEMARY
LYONS, husband and wife,
DOCKET NO. 00-1677 Civil Term
Plaintiffs
vs.
LORRAINE yURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
JURY TRIAL DEMANDED
PRAECIPE TO AMEND CAPTION
The parties to this action, uy and through their attomeys below, hereby stipulate
that the caption in this matter shall be amended to reflect to death of Plaintiff Ralph Lyons,
JI., and the substitution of PlaintitI Rosemary Lyons, as Executrix of his Estate, in his
stead.
The caption in this matter shall from this point forward appear as:
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL V ANlA
CIVIL ACTION - LAW
ROSEMARY LYONS, Individually and
as Executrix ofthe Estate of RALPH
LYONS, JR., Deceased
DOCKET NO. 00-1677 Civil Term
Plaintiff
vs.
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
JURY TRIAL DEMANDED
Mette, Evans & W oodsidle
Dated: 10 "j J, '-t .? 06 r
R. J. Marzella & Associates, P.C.
Dated:
tf-30 -() I
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing
document was served upon all parties of record this
30-11-
day of
~
, 2001, by depositing said copy in the United States Mail at
Harrisburg, Pennsylvania, postage prepaid, First Class delivery, and addressed as follows:
John F. Yaninek, Esquire
METTE, EVANS & WOODSIDE
3401 North Front Street
Post Office Box 5950
Har,isburg, P A 17110-0950
Counsel for Defendants, Lorraine Yureic & Holy Spirit Hospital
R. J. Marzella & Associates, P.C.
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R. J. MARZELLA & ASSOCIATES, P.C.
BY: Jan S. Barnett, Esquire
Pennsylvania Supreme Court I.D. No. 66122
3513 North Front Street
Harrisburg, PA 17110
Telephone: (717) 234-7828
Facsimile: (717) 234-6883
Attorneys for Plaintiffs,
Ralph Lyons, Jr. and Rosemary Lyons
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
!..... ~ ,.-' '.-.'. '.._,- ~;i":--,.,
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ROSEMARY LYONS, Individually and
as Executrix of the Estate of RALPH
LYONS, JR., Deceased
DOCKET NO. 0()'-1677 Civil Term
Plaintiff
vs.
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL, .
Defendants
JURY TRIAL DEMANDED
SUGGESTION OF DEATH AND VOLUNTARY SUBSTITUTION OF
ROSEMARY LYONS AS A PARTY PLAINTIFF
1. I, Rosemary Lyons, am the successor in interest of Ralph Lyons, Jr., who
was a Plaintiff herein, and desire to substitute myself, as Executrix of his Estate, for Ralph
Lyons, Jr., as a Plaintiff herein pursuant to Pa.R.c.p. 2351 et seq. I will remain a Plaintiff
in my own right as well, as the decedent's wife.
2. The material facts on which my right of succession and substitution is based
are as follows:
a. Ralph Lyons, Jr., the party originally named as Plaintiff in this
action, died on February 14,2001.
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b. In his last Will and Testament, Ralph Lyons, Jr. named Rosemary
Lyons as the Executor of his Estate.
c. Letters Testamentary were granted to Rosemary Lyons on March
12,2001. (A copy of the Short Certificate evidencing the grant ofletters to
Rosemary Lyons is attached hereto as Exhibit A.)
3. I do hereby voluntarily substitute myself as a Plaintiff herein in the place
and stead of Ralph Lyons, JI.
Dated: . -3 " ri 9 ~ () (
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ROSEMARY ON
R. J. Marzella & Associates, P.C.
Dated:
4-Q-O{
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.cERTIFICA TE OF SERVICE
The undersigned hereby c,~rtifies that a true and correct copy of the foregoing
document was served upon all parties of record this
30 -f'J-
day of
~j(
, 2001, by depositing said copy in the United States Mail at
Harrisburg, Pennsylvania, postage prepaid, First Class delivery, and addressed as follows:
John F. Yaninek, Esquire
METTE, EVANS & WOODSIDE
3,W1 North Front Street
Post Office Box 5950
HaEisburg, P A 17110-0950
Counsel for Deftndarrs, Lorraine Yureic & Holy Spirit Hospital
R. J. Marzella & Associates, P.c.
BY~
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RALPH LYONS, JR. and ROSEMARY
LYONS, husband and wife,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-1677 CIVIL TERM
v.
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
: JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE OF
A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Defendants Lorraine Yurcic and Holy Spirit Hospital certify that:
(1) A notice of intent to serve subpoenas upon James D. Kearney, M.D., and Robert P.
Lonergan, M.D./Lonergan Orthopedics, with copies of the subpoenas attached thereto
was mailed or delivered to each party at least twenty (20) days prior to the date on
which the subpoenas were sought to be served,
(2) A copy of the notice of intent, including the proposed subpoenas, is attached to this
Certificate,
(3) No objection to the subpoenas have been made or received, and
(4) The subpoenas which will be served are identical to the subpoenas which are attached
to the notice of intent to serve the subpoenas,
METTE, EVANS & WOODSIDE
DATE: 7/%/01
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717)232-5000
Attorneys for Defendants,
Lorraine Yurcic and Holy Spirit Hospital
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RALPH LYONS, JR. and ROSEMARY
LYONS, husband and wife,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-1677 CIVIL TERM
v.
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
: JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENAS
TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.21
Defendants, Lorraine Yurcic and Holy Spirit Hospital, intend to serve Subpoenas
identical to the ones that are attached to this Notice upon James D. Kearney, M.D., and
Robert P. Lonergan, M.D./Lonergan Orthopedics. You have twenty (20) days fr.om the date
listed below in which to file of record and serve upon the undersigned an objection to the
Subpoenas. If no objection is made, the Subpoenas may be served.
DATE: ~15, ~ /
Ii ,I
Mette Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Defendants,
Lorraine Yurcic and Holy Spirit Hospital
oJ_ I
-,-~ - ,-~, ,--
,
RALPH LYONS, JR. and ROSEMARY
LYONS, husband and wife,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 00-1677 CIVIL TERM
v,
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
: JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT to RULE 4009.22
TO: James D, Kearnev. MD.. 207 House Avenue, #101. Camp Hill. PA 17011
(Name of Person or Entity)
Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the
following documents or things:
, Complete. leqible sinqle-sided copies of anv and all medical records and reports in vour possession,
pertaininq to the care and treatment of Ralph L, Lvons. Jr.. (Birthdate: November 6.1926. Social
Securitv Number: 174-20-1131), bv vour or vour aqents. from the date of his initial visit to present.
includinq but not limited to all office notes. evaluations. consultations. medical tests/reports and
correspondence.
at Mette. Evans & Woodside. P,O, Box 5950, Harrisburq. PA 17110-0950
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the Certificate of Compliance, to the party making this request at the address
listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or
producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after
its service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: John F, Yaninek. Esquire
Address: Mette. Evans & Woodside. 3401 North Front Street. p, O. Box 5950
Harrisburq. PA 17110-0950
Telephone: (717) 232-50GO.",
Supreme Court.ID#5B14t>~?,;, , '
ATTORNEY EQBl't!.efendanh{(;.
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BY THE COURT:
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264846
RALPH lYONS, JR. and ROSEMARY
lYONS, husband and wife,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-1677 CIVil TERM
v,
lORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
: JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Robert p, loneraan. M.D./loneraan Orthopedics. 207 House Avenue. #205. Camp Hill. PA
170.11
(Name of Person or Entity)
Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the
following documents or things:
Complete. leaible sinale-sided copies of anv and all medical records and reports in vour possession
pertainina to the care and treatment of Ralph l. lvons. Jr.. (Birthdate: November 6. 1926. Social
Securitv Number: 174-20-1131). bv vour or vour aaents. from the date of his initial visit to present.
inciudina but not limited to all office notes. evaluations. consultations. medical tests/reports and
correspondence,
at Mette. Evans & Woodside. P.O. Box 5950. Harrisbura. PA 17110-0950
(Address)
You may deliver or maillegibJe copies of the documents or produce things requested by this
subpoena, together with the Certificate of Compliance, to the party making this request at the address
listed above, You have the right to seek, in advance, the reasonable cost of preparing the copies or
producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after
its service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON:
Name: John F. Yaninek, Esauire
Address: Mette. Evans & Woodside. 3401 North Front Street. P. O. Box 5950
Harrisblira: 8/:(171jO"0950
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Telephone;J'7"17') 232-5000 '.,:. ',';.
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BY THE COURT:
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CERTIFICATE OF SERVICE
I hereby certify that I am serving a copy of the foregoing Notice of Intent to Serve
Subpoenas to Produce Documents and Things for Discovery Pursuant to Rule 4009.21
upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the
same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage
prepaid, as follows:
Jan S, Barnett, Esquire
R.J, Marzella & Associates, P,C.
3513 North Front Street
Harrisburg,i>A 17110
METTE, EVANS & WOODSIDE
BY
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Dated:~ S; ;200 I
Attorneys for Defendants,
Lorraine Yurcic and Holy Spirit Hospital
264875.1
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CERTIFICATE OF SERVICE
I hereby certify that I am serving a copy of the foregoing Certificate Prerequisite to
Service of a Subpoena Pursuant to Rule 4009.22 upon the person(s) and in the manner
indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil
Procedure, by depositing a copy of the same in the United States Mail, Harrisburg,
Pennsylvania, with first-class postage prepaid, as follows:
Jan S. Barnett, Esquire
R.J. Marzella & Associates, P.C.
3513 North Front Street
Harrisburg, PA 17110
METTE, EVANS & WOODSIDE
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Dated: 1/ d&{ 0 I
Attorneys for Defendants,
Lorraine Yurcic and Holy Spirit Hospital
264909_1
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- "';AJ.'j
RALPH LYONS, JR. and ROSEMARY
LYONS, husband and wife,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-1677 CIVIL TERM
v.
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
: JURY TRIAL DEMANDED
CERTIFICA IE PREREOUISITE TO SERVICE OF
A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22,
Defendants Lorraine Yurck and Holy Spirit Hospital certify that:
( 1 ) A notice of intent to serve a subpoena upon Comfort Care of Holy Spirit Home Health
& Hospice Services, with a copy of the subpoena attached thereto was mailed or
delivered to each party at least twenty (20) days prior to the date on which the subpoena
was sought to be served,
(2) A copy of the notice of intent, including the proposed subpoena, is attached to this
Certificate,
(3) No objection to the subpoena has been made or received, and
( 4) The subpoena which will be served is identical to the subpoena which is attached to the
notice of intent to serve the subpoena.
METTE, EVANS & WOODSIDE
DATE: -sId-I/O I
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717)232-5000
Attorneys for Defendants,
Lorraine Yurcic and Holy Spirit Hospital
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RALPH lYONS, JR. and ROSEMARY
lYONS, husband and wife,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-1677 CIVil TERM
, v.
lORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
: JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA
TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.21
Defendants, Lorraine Yurcic and Holy Spirit Hospital, intend to serve a Subpoena
identical to the one that is attached to this Notice upon Comfort Care of Holy Spirit Home
Health & Hospice Services. You have twenty (20) days from the date listed below in which to
file of record and serve upon the undersigned an objection to the Subpoena. If no objection
is made, the Subpoena may be served.
DATE:
'7/11101
Mette Evans & Woodside
3401 North Front Street
P.O. Box5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Defendants,
Lorraine Yurcic and Holy Spirit Hospital
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RALPH lYONS, JR. and ROSEMARY
lYONS, husband and wife,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-1677 CIVllTERM
v.
lORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
: JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Comfort Care of Holv Spirit Home Health & Hospice Services. 205 Grandview Avenue, FI. 3.
Camp Hill. PA 17011
(Name of Person or Entity)
Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the
following documents or things:
Complete. leaible sinale-sided copies of any and all medical records and reports in your possession
pertainina to the care and treatment of Ralph L. LYons. Jr.. IBirthdate: November 6. 1926. Social
Security Number: 174-20-1131). bv your or your aaents, from the date of his initial visitto
present. includina but not limited to all office notes. evaluations. consultations. medical tests/reports
and correspondence AND a patient account summary for services rendered to Ralph L. LYons. Jr..
for the period spannina November 24.1998 to present.
at Mette. Evans & Woodside. P.O. Box 5950. Harrisbura. PA 17110-0950
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the Certificate of Compliance, to the party making this request at the address
listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or
producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after
its service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSl,JED AT THE REQUEST OF THE FOllOWING PERSON:
Name: John F, Yaninek. Esauire
Address: Mette. Evans & Woodside. 3401 North Front Street. p, 0, Box 5950
Harrisbura. PA1711 0-0950
Telephone: (717) 232~5000;".,_ '
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A TTORNEY,;FOR:Defendaiits,',('.,:':';
DATE' ~~~ BYTI<ECDURT,
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Prothonotary
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CERTIFICATE OF SERVICE
I hereby certify that I am serving a copy of the foregoing Notice of Intent to Serve
a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21
upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the
same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage
prepaid, as follows:
Jan S. Barnett, Esquire
RJ. Marzella & Associates, PoCo
3513 North Front Street
Harrisburg, PA 17110
METTE, EVANS & WOODSIDE
BY ~~;"
Sup. Ct. 1.0. #55741
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Dated: 7//1 / () f
Attorneys for Defendants,
Lorraine Yurcic and Holy Spirit Hospital
265074_1
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CERTIFICATE OF SERVICE
I hereby certify that I am serving a copy of the foregoing Certificate Prerequisite to
Service of a Subpoena Pursuant to Rule 4009.22 upon the person(s) and in the manner
indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil
Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania,
with first-class postage prepaid, as follows:
Jan S. Barnett, Esquire
R.J. Marzella & Associates, P.c.
3513 North Front Street
Harrisburg, PAl 711 0
IDE
3401 North Front Street
P.O. Box 5950
Harrisburg, PAl 711 0-0950
(717) 232.5000
Dated: <(I::v / 0 I
Attorneys for Defendants,
Lorraine Yurcic and Holy Spirit Hospital
265077_1
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ROSEMARY LYONS, individually
and as Executrix of the Estate of
RALPH LYONS, JR., Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-1677 CIVIL
vS.
CIVIL ACTION - LAW
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
JURY TRIAL DEMANDED
ORDER
AND NOW, this :1~ day of June, 2004, following conference with counsel in
chambers, the following case management order is entered:
1. All discovery in this case shall be concluded no later than October 1, 2004.
2. The plaintiff's expert report shall be forthcoming on or before November 1, 2004.
3. The defendants' expert report shall be forthcoming on or before December 31, 2004.
4. All rebuttal expert reports shall be forthcoming on or before January 15, 2005.
5. Any and all dispositive motions shall be filed on or before January 15,2005.
BY THE COURT,
Charles W. Marsar, Esquire
For the Plaintiff
II/L
John F. Yaninek, Esquire
For the Defendants
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RALPH LYONS, JR., and ROSEMARY
LYONS, husband and wife,
Plaintiffs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
DOCKET No. 00-1677 CIVIL TERM
v.
LORRAINE YURCIC and HOLY SPIRlT
HOSPITAL,
JURY TRIAL DEMANED
Defendants
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of the Wldersigned on behalf of Defendants, Lorraine Yurcic and Holy
Spirit Hospital, in the above referenced matter.
Respectfully Submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
DATE:~; ~),~~
BY: ~J~6/
MICHAEL D. P~IRE
J.D. NO.: 53624
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3515
Attorneys for Defendants
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RALPH LYONS, JR., and ROSEMARY
LYONS, husband and wife,
Plaintiffs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
DOCKET No. 00-1677 CIVIL TERM
v.
LORRAINE YURCIC and HOLY SPIRIT
HOSPITAL,
JURY TRIAL DEMANED
Defendants
CERTIFICATION OF SERVICE
I hereby certify that I have served upon all parties listed below a true and correct copy of Entry of
Appearance in the above-captioned matter this date by regular mail.
Charles W. Marsar, Esquire
R. J. Marzella & Associates, PoCo
3513 North Front Street
Harrisburg,PA 17110
John F. Yaninek, Esquire
Mette, Evans & Woodside
3401 North Front Street
Harrisburg,PA 17110
MARSHALL, DENNEHEY, WARNER
COLEMAN AND GOGGIN
DATE: k ;2 5_/cJdY
\05_A\LIAB\MEP\SLPG\156330\TNM\13246\00823
BY:
MICHAELD. PIPA, ES
Attomeys for Defendants
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RALPH LYONS, JR., and ROSEMARY
LYONS, husband and wife,
Plaitniffs
: IN THE COURT OF COMMON PLEAS
:CUMIlERLAND COUNTY, PENNSYLV ANlA
: DOCKET No: 00-1677 CIVIL TERM
v.
LORRAINE YURCIC and HOLY
SPIRIT HOSPITAL,
: JURY TRIAL DEMANDED
Defendants
WITHDRAW AND ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance on behalf of the Defendants, Lorraine Yurcic and Holy Spirit
Hospital.
METTE, EVANS & WOOSIDE
BY:
Please enter my appearance on beh of the Defen ants, Lorraine Yurcic and Holy Spirit
Hospital.
MARSHALL, DENNEHEY, WARNER,
COL GOGGIN
BY:
CRAIG . T , ESQUIRE
4200 Crum Mill Road, Suite B
Harrisburg, A 17112
(717) 651-3502
Atty. J.D. No: 15907
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CERITIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the person( s)
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg,
Pennsylvania, with first-class postage, prepaid, as follows:
CHARLES W. MARSAR, ESQUIR~
R.J. Marzella & Associates, P.C.
3513 North Front Street
Harrisburg, P A 17110
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY:
,ESQUIRE
I Road, Suite B
17112
5 2
. 15907
DATE:
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IN THE COURT OF COMMON PLEAS
OF CUMBERlAND COUNTY, PENNSYLVANIA
CIVIL ACTION -lAW
ROSEMARY LYONS, INDMDUALLY AND
As EXECUTRIX OF THE ESTATE OF RALPH
LYONS, JR., DECEASED,
DOCKET NO. 00-1677 CML TERM
Plaintiff
vs.
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
JURY TRIAL DEMANDED
ORDER
AND NOW, this
'I'
,2004,
7J~
day of
the Case Management Order is entered to reflect the following:
1. All discovery in this case shall be concluded no later than November 1, 2004.
2. The Plaintiff's expert report shall be forthcoming on or before December 1,
2004.
3. The Defendants' expert reports shall be forthcoming on or before January
31,2005.
4. Any rebuttal expert reports shall be forthcoming on or before February 15,
2005.
5. Any and all dispositive motions shall be filed ,on or before February 15,
2005.
BY THE COURT ,/
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R. J. MARZELlA & ASSOCIATES, P.c.
BY: CHARLESW. MARsAR,JR., ESQUIRE
PENNSYLVANIA SUPREME COURT 1.0. No. 86072
3513 NORTH FRONT STREIT
HARRISBURG, PA 17110-1438
TELEPHONE: (717) 234-7828
FACSIMILE: 17171 234-6883
ArrORNEYS FOR PlAINTIFF, ROSEMARY
LYONS, INDMDUAllY AND As EXECUTRIX
OF THE ESTATE OF RALPH LYONS. fR.
IN THE COURT OF COMMON PLEAS
OF CUMBERlAND COUNTY, PENNSYLVANIA
CIVIL ACTION -lAW
ROSEMARY LYONS, individually and
As Executrix of the Estate of RALPH
LYONS, JR., Deceased,
DOCKET NO. 00-1677 Civil Term
Plaintiff
vs.
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
JURY TRIAL DEMANDED
STIPUlATION TO EXTEND DEADLINES
It is hereby stipulated and agreed between the above-captioned parties that
deadlines set forth in the Case Management Order dated June 4, 2004 are changed as
follows:
1. All discovery in this case shall be concluded no later than November 1,
2004.
2. The plaintiffs expert report shall be forthcoming on or before December
1,2004.
3. The defendants' expert reports shall be forthcoming on or before January
31,2005.
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4. Any rebuttal expert reports shall be forthcoming on or before February
15, 2005.
5. Any and all dispositive motions shall be filed on or before February 15,
2005.
RESPECTFULLY SUBMIlTED,
MARsHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
By:
MICHAEL D. PIPA, ESQ
AlTORNEY ID No. 53624
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CERTIFICATE OF SERVICE
I, Meredith A. Marzella, hereby certifY that a true and correct copy of the
foregoing document was served upon all counsel of record this _I. qG day of
(10J..rY\ hv-. ,
, 2004, by depositing said copy in the United States Mail at
Harrisburg, Pennsylvania, postage prepaid, First-Class delivery, and addressed as follows:
MICHAEL D. PIPA, ESQUIRE
MARsHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN
4200 CRUMS MILL ROAD, SUITE B
HARRISBURG, PA 17112
COUNSEL FOK DEFENDANTS, LOKIlAINE YUKClC & HOLY SPIKIT HOSPITAL
R. J. MARzELlA & AsSOCIATES, P.C.
By:
MEREDITH A. MARZELLA, LEGAL ASSI
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R. J. MARZELLA & ASSOCIATES, P.C.
BY: Charles W. Marsar, Jr., Esquire
Pennsylvania Supreme Court I.D. No. 86072
3513 North Front Street
Harrisburg, PA 17110-1438
Telephone: (717)234-7828
Facsimile: (717) 234-6883
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Attorneys for Plaintiff, Rosemary
Lyons, individually and As Executrix
of the Estate ofRalnh Lvons. Jr.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ROSEMARY LYONS, individually and
As Executrix of the Estate of RALPH
LYONS, JR., Deceased,
Plaintiff
vs.
LORRAINE YURCIC and
HOLY SPIRIT HOSPITAL,
Defendants
DOCKET NO. 00-1677 Civil Term
JURY TRIAL DEMANDED
PRAECIPE TO SETTLE AND DISCONTINUE
To the Prothonotary of Cumberland County:
In accordance with P.R.C.P. 229, kindly mark this action, docket number 00-1677,
settled and discontinued as to all Defendants.
Dated: )0 {z.iP 105'
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CERTIFICATE OF SERVICE
I, Adam G. Reedy, hereby certify that a true and correct copy of the foregoing
document was served upon all counsel of record this 27th day of October, 2005, by
depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage
prepaid, First-Class delivery, and addressed as follows:
Michael D. Pipa, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
R. J. Marzella & Associates, P.C.
By:
Adam G. Reedy
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MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY: Michael D, Pipa, Esquire
Identification No, 53624
4200 Crums Mill Road, Suite B
Harrisburg, P A 17112
(717) 651-3500
Hospital
Attorneys for Defendant, Holy Spirit
RALPH LYONS, JR., and ROSEMARY
LYONS, husband and wife,
Plaintiffs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
DOCKET No, 00-1677 CNIL TERM
v,
LORRAINE YURCIC and HOLY SPIRIT
HOSPITAL,
JURY TRIAL DEMANED
Defendants
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of the undersigned on behalf of Defendant in the above
referenced matter.
Respectfully Submitted,
DATE: ~~'l {O [ O~
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
~QUrnE
LD. NO.: 53624
4200 Crums Mill Road, Suite B
Harrisburg, P A 17112
(717) 651-3515
BY:
Attorneys for Defendant,
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MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY: Michael D, Pipa, Esquire
Identification No. 53624
4200 Crums Mill Road, Suite B
Harrisburg, PAl 7112
(717) 651-3500
RALPH LYONS, JR., and ROSEMARY
LYONS, husband and wife,
Plaintiffs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET No, 00-1677 CNIL TERM
v.
LORRAINE YURCIC and HOLY SPIRIT
HOSPITAL,
JURY TRIAL DEMANED
Defendants
CERTIFICATION OF SERVICE
I hereby certify that I have served upon all parties listed below a true and correct copy of
Entry of Appearance in the above-captioned matter this date by regular mail.
Charles W. Marsar, Esquire
R. J. Marzella & Associates, P,C.
3513 North Front Street
Harrisburg,PA 17110
~HALL,DENNEHEY,WARNER
COLEMAN AND GOGGIN
DATE: 1IIIll[O~
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BY:
MICHAEL D, PIP A, ES
Attorneys for Defendant,
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