The URL can be used to link to this page

Home My WebLink About00-02179 . F:\FILES\DA T AFlLE\Gendoc.cur\64094-pra.l/tde Created: 03I2lfOOll:44:52AM t Revised: 04/10/0011:28:56AM 6409.4' . H. MARGUERITE WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000- d I '1Q CIVIL ACTION SARAH A. TODD MEMORIAL HOME tJd/b/a THE TODD HOME AND REHABILITATION CENTER and UNITED CHURCH OF CHRIST HOMES, INC. tJd/b/a SARAH A. TODD MEMORIAL HOME, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Please issue a writ of summons against the following as Defendants in the above captioned action and forward same to the Cumberland County Sheriff for service: Sarah A. Todd Memorial Home tJd/b/a The Todd Home and Rehabilitation Center, 1000 West South Street, Carlisle, Cumberland County, Pennsylvania; and United Church of Christ Homes tJd/b/a Sarah A. Todd Memorial Home, 1000 West South Street, Carlisle, Cumberland County, Pennsylvania. MARTSON DEARDORFF WILLIAMS & OTTO By r-rLM.-J-1tv-~ Thomas J. WilKams, Esquire J.D. No. 17512 Ten East High Street Carlisle, P A 17013.3093 (717) 243.3341 Attorneys for Plaintiff Date: April 1 0, 2000 cO:> >l . ~ p -'., " ~;;~" "", , t 0 c 0 C c) '''n ft :t~: ~ -ocr.! .'0 mfT: ~ C0 ~ ..):::. Z=rj rn "\ z~ --p C51 ~?2: c' ~.'., ff\ 'T~ j:\:: t:t. - ~c: () 01 ....1.::) ::;Jt~ 00 ~o " -D c:;u 0 'C:.C S-~) (jill +: Pc: -.::J -&. ~. ~" 0 -.:) ""- j';'- ~".: -j ~rl 00 -<, C) :::( .Ji) 1- - '"'" ".A..- ~"_.^"" "~ $IIll!~~~IQf.~l!lI!fI\l~~ ~~ . , Commonwealth of Pennsylvania County of Cumberland H. Marguerite Williams Court of Common Pleas w. No. )_QQ.Ct-2.179nCiy.;tLTel11Lm_h.___ ~____ Sarah A. Todd Memorial Home t/d/b/a The Todd Home and In -':;iyj._l._,l\.~.t.iQD__-:._Lill'L______________________ Rehabilitation Center and united Church of Christ Homes, Inc., t/d/b/a Sarah A. Todd Memorial Home To :?9~a.~.t\_'u1:'?95!.}1~Q:c:!?.lJiQITliLtLg.LgL!L'rhe Todd Home and Rehabilitation Center and united Church of Christ Homes, Inc., t/d/b/a Sarah A. Todd Memorial Home You are hereby notified that ----------------_._--------------~:_-~~~~:~-~~--~~~~~~-------------------------------------- the Plaintiff has commenced an action in u<;;i-y_=h~_}~g:!=_=hq!L:__~~u_________u________Uh______U against you which you are required to defend or a default judgment may be entered against you. (SEAL) Curtis R. Long .~----------------------------------------------- Prothonotary Date __~I?~jL1-.9_'__f9.9_Qm__mm )9u__ By m~~D~~____m__ Deputy ',,-~ " . , . I ~ , ~n':l:S:>-3 , H nrten :I: e:~~~i , ~ ro,-~ , , , ::l P, , "t--' rt , . rt'-i?} ~ 'N -f-l.tt:l m , ro 0' '0 CD OJ 0 CD 'n '1'- '0 Nt--'CD::l i~. rt OJ;J:> ~ 10 ~mrt- '-' r '-OJ . " ",. :I: ~. .1-" p,g.>-3 'N It--' '- 16>-3 '1 '..... > W !ii11-'.~:;: . 0' & 1-'- '" ~ w <0 1-" ';J:> w-f5>-3P, rt :-0 s ~ ;:Tp't--' '(1 ~ ro I j 1--' l--' 0 f-I lrt 1-'-& :;: In " en '1 1-'- '1-" enrt :s: 'I-'- ..... ri' '" ~ 10 ~~~~ 1-'- l< 0'1", i::l t--' ,I-" wro CD i I .. ~~~[ t--' ,t--' ro :;:. = 1-" I ri'1-'- I ~ '>-3 t--'tT] It:""' 'ro t--'CD :~ CD !~ 1-'-,0 >-3g.~:I: ~ . , ;g I ~g,~~ CD I I I I "" , ro I , m~~ , 0 rt rt 01-"1-" 0 '1CDt--' f-l. rt f-l- OJ rt t--':I:OJ :I:~i1 ~ ro 0 CD ::l ro . ~" ~~ ~.......... _aJl~ ~_l~IIM.~~. ,~,~."_,'__, .,"~ _',~~ .<,-2'!'1l'!!;!!l:UI'~~'l!!!IJIIl~"'''''_~_""",,_.,JIJl?:.!t.i~~~1W;k~fflj!11\llll',~.,~~ AJII~J!l~~'I1~~mw;~~~~mlO!l~ # IN THE COURT OF COMMQ.N PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA H. MARGUERITE WilLIAMS Plaintiff v. SARAH A TODD MEMORIAL HOME tld/b/a THE TODD HOME AND REHABILITATION CENTER AND UNITED CHURCH OF CHRIST HOMES, INC., tJd/b/a SARAH A. TODD MEMORIAL HOME Defendants NO. 2000-2179 (Civil term) CIVil ACTION - LAW JURY TRIAL DEMANDED ENTRY,\OFAPPEARANCE TO THE PROTHONOTARY: Kindly enter the appearances of: William J. Mundy 1700 Market Street Suite 3000 Philadelphia, PA 19103 Edwin A.D. Schwartz 105 North Front Street Suite 205 Harrisburg, PA 17101 as counsel on behalf of the Defendants in the above-captioned matter. Date: -$/.-/,7'- c::>O ~ C'>_"~,_G"=,"~_~_"7,-_,~,lC''''''___< '.--. '~.'---'" - -..-,- · .... McKISSOCK & HOFFMAN, P.C. BY: ~~ Edwin A.D. cn Attorney 1.0. No.: 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 234-0103 ","'1" . -" - - ,- ..- ." ~-----'--" ~-- -, -,-,";" -- . -', -.~- - ,,- , CERTIFICATE OF SERVICE hereby certify that I am this day serving a copy of the foregoing IEntry of Appearance 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, first-class postage prepaid, addressed as follows: Thomas J. Williams, Esquire MARTSON DEARDORFF WilLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 McKissock & Hoffman, P.C. BY: ~ (2J-P Edwin A.D. SC~qUire Supreme Court I.D. No. 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 .., Telephone: (717) 234-0103 Attorneys for Defendants Date: ~ /7'- Oc> " ~ ,- -<-,--'<.--." -',. ,. ~-~ ""'-,_c .'f' 'F.J ,., -- - --'~~-" !- o ~'. ", __ m ".---.' ., '-.' ; . ... SHERIFF'S RETURN - REGULAR CASE NO: 2000-02179 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS H MARGUERITE VS TODD SARAH A MEMORIAL HOME ETC BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TODD SARAH A MEMORIAL HOME TDBA TODD HOME & REHAB CENTER the DEFENDANT , at 0014:45 HOURS, on the 12th day of April , 2000 at 1000 WEST SOUTH STREET CARLISLE, PA 17013 by handing to MARY JANE WALKER (ADMIN) a true and attested copy of WRIT OF SUMMONS together with PLTFF'S 1ST SET OF INTERROGATORIES and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31. 10 So Answers: ~~~~~ R. Thomas Kline 04/13/2000 MARTS ON , DEARDORFF, WILLIAMS day of Sworn and Subscribed to before By: me this Ir'!:::- Deputy o (,J.~ .p :2..nJO A. D. 'Ck ' {} 'h.,,;,., ... . .. r i::honotary .I ~ "" . "- CASE NO: 2000-02179 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS H MARGUERITE VS TODD SARAH A MEMORIAL HOME ETC BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon UNITED CHURCH OF CHRIST HOMES INC TDBA SARAH A TODD MEM HOME the DEFENDANT at 0014:45 HOURS, on the 12th day of April 2000 at 1000 WEST SOUTH STREET CARLISLE, PA 17013 MARY JANE WALKER (ADMIN) by handing to 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 6.00 .00 .00 10.00 .00 16.00 So Answers: r'~ ~-t:~1 R. Thomas Kline Sworn and Subscribed to before me this /rfe day of .~,.;l..ov-o A. D . . qpf'oth~2:;/:/' ~ ,~ 04/13/2000 MART'::: D~~ ~LLIAMS , Deputy Sheriff - . I' _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND C6UNTY, COMMONWEALTH OF PENNSYLVANIA H. MARGUERITE WilLIAMS NO. 2000-2179 (Civil term) Plaintiff v. CIVil ACTION - LAW SARAH A TODD MEMORIAL HOME tld/b/a THE TODD HOME AND REHABILITATION CENTER AND UNITED CHURCH OF CHRIST HOMES, INC., tJd/b/a SARAH A. TODD MEMORIAL HOME Defendants JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this I r day of ~Y...J.v , 2000, upon consideration of Defendant's Emergency Motion for Protective Order and Stay of the Deposition of H. Marguerite Williams, a. rule is hereby entered upon Plaintiff to show cause why a protective order should not be entered precluding the deposition of H. Marguerite Williams until such time as a Complaint is filed in the matter and Defendant has been afforded an opportunity to conduct discovery of Plaintiff and Plaintiff's medical records. Rule returnable /5 days from the date 89ave. 0/ .o<VV'Ic..... . The deposition of H. Marguerite Williams, scheduled for September 6, 2000 is stayed pending disposition of this motion. By the Court: d ~ l/O\I)~ J. --<' - -. < - ._-._,~" - - -~,-' ~'" ,~- _"~,,' - "'--',c""" - .", --- "' 1- ,-,,,>-- . . " '" , l l I ; r i (~). '.", /'0. ,. ~""~ r:..~ "> .:5 C):'!; '-~.)$ ~') -..::!.~ :~.:::;;i2 r-~~)'32! .-.;>' d/fJ! ~ ::::, (.) 0-: ','""- ~ Q. G V:: c-, c5 ~,,' ~.".,...... ~-[~-----, . ..., " . "'Jfil!IIW!! ~n~~I,<l,~ _rmt""" _""~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA H. MARGUERITE WilLIAMS NO. 2000-2179 (Civil term) Plaintiff v. CIVil ACTION - lAW SARAH A TODD MEMORIAL HOME Ud/b/a THE TODD HOME AND REHABILITATION CENTER AND UNITED CHURCH OF CHRIST HOMES, INC., Ud/b/a SARAH A. TODD MEMORIAL HOME Defendants JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2000, upon consideration of Defendant's Emergency Motion for Protective Order and Stay of the Deposition of H. Marguerite Williams, it is hereby ORDERED that Defendant's Motion for Protective Order is granted, and that the deposition of H. Marguerite Williams shall be deferred until such time as a Complaint is filed in the matter; Plaintiff has provided responses to Defendant's discovery requests and Defendant has been afforded at least 15 days to review and evaluate Plaintiff's medical records. By the Court: J. -'''':'''" ,.y..., _'_'<'-', ',''''_'':' -.-J;', .' -,_, , "-''''''~ >, "'--'!> "--" "" ,,- ,~- -.." .", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA H. MARGUERITE WILLIAMS NO. 2000-2179 (Civil term) Plaintiff v. CIVIL ACTION - LAW SARAH A TODD MEMORIAL HOME Ud/b/a THE TODD HOME AND REHABILITATION CENTER AND UNITED CHURCH OF CHRIST HOMES, INC., Ud/b/a SARAH A. TODD MEMORIAL HOME Defendants JURY TRIAL DEMANDED DEFENDANT'S EMERGENCY MOTION FOR A PROTECTIVE ORDER AND STAY OF DEPOSITION OF H. MARGUERITE WILLIAMS Defendant, Sarah A. Todd Memorial Home, by and through its attorneys, McKissack & Hoffman, P.C., respectfully moves this Honorable Court pursuant to Pa.R.C.P. 4012(a)(1) and 4013 for a protective order and stay as to the deposition of Plaintiff, H. Marguerite Williams, which has been scheduled by Plaintiff's counsel for September 6, 2000, and in support of Defendant's instant Motion, the following is provided: 1. Plaintiff commenced this civil action against Defendant by the filing of a Writ of Summons on April 10, 2000. ",",<7,~,,>~_,{<'-<' .,,- '-,. "'4,_ " ,-~'c~ - ,,' -,' ,'C< ~-c",_,"'--::' __n m-_ " . -~ 2. On or about August 3, 2000, Plaintiff's counsel contacted Defendant's counsel's paralegal an announced Plaintiff's counsel's intention to undertake the deposition of his client on September 6, 2000 for future use at trial.l 3. Immediately upon Defendant's counsel's discovery of Plaintiff's stated intention to depose his own client for use at trial, Defendant's counsel contacted Plaintiff's counsel, via correspondence dated August 8, 2000 which announced Defendant's counsel's concerns regarding the undertaking of the Plaintiff's deposition at this juncture of the proceeding. A true and correct copy of Defendant's counsel's correspondence dated August 8, 2000, to Plaintiff's counsel is attached hereto and made a part hereof as Exhibit "A". 4. In the correspondence dated August 8, 2000, Defendants's counsel outlined four (4) areas of concern regarding the deposition of the Plaintiff for use at trial. Specifically, Defendant's counsel expressed concern regarding the fact that: a. Plaintiff has not filed a Complaint in this matter and as such, Defendant is unaware of the specific allegations which mayor may not asserted against Defendant; b. Defendant had not been provided with an opportunity to serve any discovery; lit should be noted that defendant's counsel was engaged in depositions in Pittsburgh on August 3'" and August 41h and did not receive notice of Plaintiff's counsel's stated intention to depose his own client until Defendant's counsel returned to his office of August 7, 2000. It should also be noted that despite Plaintiff's counsel's stated intention to depose his client, no written Notice of Deposition has been served in this matter pursuant to Pa.R.C.P 4007.1. , "~-"""'-'~ - . , < '~'- - ? ,--,,' .-' - , I. "7__. ", _'_,__~ __/ ,__','"'1'" "'_'_, ,_~ _',' e._ c. ,,"'> ,,".," ,--" 'c-' "" -,-,y,..,-,- c. Defendant has not been provided with an opportunity to undertake a discovery deposition of the Plaintiff at trial and as such would be at a substantial disadvantage participating in a deposition for use at trial; and d. Defendant has not had an opportunity to receive and/or review any medical records or documentation regarding Plaintiff's previous medical history and/or current medical condition and as such would be at a substantial disadvantage participating in a deposition for use at trial. 5. To date, Plaintiff's counsel has not provided any response to the specific requests as contained in Defendant's counsel's correspondence dated August 8, 2000, which were intended to address and possibly resolve some of Defendant's counsel's concerns regarding the undertaking of Plaintiff's deposition for trial. Specifically, Defendant's counsel requested Plaintiff's counsel to: a. immediately file a Complaint which sets forth Plaintiff's specific allegations as directed toward Defendant; b. immediately provide responses to the discovery requests which were served on August 8, 2000; c. immediately provide an opportunity to undertake a discovery deposition of the Plaintiff at least one week after Defendant's counsel's receipt of Plaintiff's discovery responses and at least one week prior to the scheduled deposition of the Plaintiff for use at trial; and d. immediately provide written authorization in order for Defendant's counsel to obtain medical records from any and all of Plaintiff's providers both prior to and subsequent to the relevant incident in this matter and be provided with an itemized list of the names, addresses and telephone numbers of all healthcare providers and facilities which Ms. Williams received treatment and/or care from since April 25, 1994. . .~__,~ "" '_''''''~~,,'''~..r,..,^__,~,/__ _ '. _<__~'~ oz'., ,'" ,,_ ''". ~,.., "_'_L ,-"" '<, -'- ',' ,,"- 6. Defendant will suffer extreme prejudice if it is required to participate in a deposition of the Plaintiff for use at trial without being first afforded an opportunity to (1) know the specific allegations against which it will defend; (2) conduct any discovery; (3) conduct a discovery deposition of Plaintiff; and (4) review and evaluate Plaintiffs medical records and history. 7. Absent knowledge as to the Plaintiffs specific claims against the Defendant and the opportunity to conduct full and complete discovery, Defendant cannot and would not be able to effectively participate in any deposition of the Plaintiff, inasmuch as Defendant would not have any information as to the Plaintiffs claims, the basis for such claims, the pre-existing medical status of the Plaintiff; and the current medical status of the Plaintiff. 8. For the foregoing reasons, Plaintiff should be precluded from conducting the any deposition of the Plaintiff until such time as Defendant has been provided a full and complete opportunity to discover the basis of the Plaintiffs claims and further conduct discovery in order to adequately formulate and develop a defense to Plaintiffs claims. -o~--'7_'!"''''7Y_,_.')"'-_--' ~- _.,_ '~<_f' --~ - ',' ,,_~ _ " .',_ ~___r___I'_'_ _ ','f'. WHEREFORE, Defendant, Sarah A. Todd Memorial home, respectfully requests that this Honorable Court enter an Order immediately staying the scheduled deposition of the Plaintiff, H. Marguerite Williams, until such time as the pleadings in this matter are closed and Plaintiff has further responded to the discovery requests as previously served by Defendant, and Defendant has been afforded an opportunity to receive and review all Plaintiff's medical records. McKISSOCK & HOFFMAN P.C. Sy: d::. Edwin A.D. Sch Attorney I.D. No.: 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 234-0103 Attorneys for Defendant, Sarah A. Todd Memorial Home Date: 28 d? 00 ~~'_~~___ _~<_,,_; ~,_,____ '_~''''_''_,''' --- CO" '7:-",,-"'--'-~""'-___"_-' .'~ ",'!- " - '-'~ " -,-",-- -.-, ,~. '.'-" ,,, CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Emergency Motion for a Protective Order and Stay of Deposition of H. Marguerite Williams 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, first-class postage prepaid, addressed as follows: Thomas J. Williams, Esquire MARTSON DEARDORFF WilLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 McKissock & Hoffman, P.C. BY: Date: 28 At,7' t:X:5 Edwin A.D. Schw uire Supreme Court I.D. No. 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 Telephone: (717) 234-0103 Attorneys for Defendant Sarah A. Todd Memorial Home - ,'_ ''''_".'. :".._ __,Y,_,' _ -', ~'-". -'><-~;<, '., ,,-,_ r,' .- _"'> .'.' _<_, 1----- - -, '-- - ,. ,.,.',,, -", '".0 = ~_ _' O~ .__ ~-". F:\FlLES\DA TAFILE\Gendoc.cur\64094-com.lftde Created: 09119100 02:26:52 PM Revised: 09/19100 04:01:34 PM 6409.4, H. MARGUERITE WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-2179 CIVIL ACTION SARAH A. TODD MEMORIAL HOME t/d/b/a THE TODD HOME AND REHABILITATION CENTER and UNITED CHURCH OF CHRIST HOMES, INC. t/d/b/a SARAH A. TODD MEMORIAL HOME, Defendants JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs, You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1- , H.,~_,,,, __,~, n-. ~ '" "'. '''-'''' ."C: F:\FILES\DA T AFILE\Gendoc.cur\64094-com.1 Created: ,09/19/0002:29:48 PM Revised: 09119/00 04:01:34 PM H. MARGUERITE WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-2179 CIVIL ACTION SARAH A. TODD MEMORIAL HOME t/d/b/a THE TODD HOME AND REHABILITATION CENTER and UNITED CHURCH OF CHRIST HOMES, INC. t/d/b/a SARAH A. TODD MEMORIAL HOME, Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff is an adult individual presently residing at Country Meadows, 4905 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is a Pennsylvania non-profit corporation with a principal place ofbusiness at 1000 West South Street, Carlisle, Cumberland County, Pennsylvania. 3. On April 25, 1999, Plaintiff was a resident and an occupant of Cluster Cottage 4D, Sarah A. Todd Memorial Home, 1000 West South Street, Carlisle, Cumberland County, Pennsylvania, pursuant to an Occupancy Agreement between Plaintiff and Defendant dated November 11, 1996. 4. As part of said Agreement between Plaintiff and Defendant, Plaintiff s cottage was equipped with a call bell designed to alert Defendant's employees at the nurse's station that assistance was needed when activated. 5. Prior to April 25, 1999, Plaintiff was in good health and living independently. 6. In the evening of April 25, 1999, Plaintiffwhile alone in her cottage, suffered a stroke that left her partially disabled and unable to walk. 7. With considerable difficulty, Plaintiff was able to crawl to the call bell in her cottage and activate it. 8. During the evening of April 25-26, 1999, after the call bell in Plaintiffs cottage was activated by Plaintiff, no employee of Defendant responded to Plaintiffs cottage. - ~, ,'- """ -~ - 9. Plaintiff, unable to stand, ambulate or otherwise attract attention, remained on the floor of her cottage until discovered the next morning, April 26, 1999, by a resident of a neighboring cottage. 10. Plaintiff believes, and therefore avers, that the call bell system furnished by Defendant in her cottage failed to operate and, therefore, Defendant's employees were unaware of her plight. II. Defendant's negligence consists of the following: a. failing to meet its obligation to Plaintiff to provide a call bell system that works; b. failing to properly maintain and/or upgrade the call bell system; and c. failing to provide a back up or failsafe for a critical system designed and advertised to be used in a medical emergency to summon immediate assistance. 12. At all times pertinent hereto, Defendant acting through its employees and agents, was aware that a stroke is an emergency medical condition that requires immediate intervention in order to reverse or minimize the symptoms. 13. At all times pertinent hereto, Defendant, through its employees and agents, was aware that drugs used to treat stroke victims are only effective if administered within approximately three hours ofthe first symptoms. 14. As a result of the delay in obtaining medical intervention, Plaintiffs stroke has caused permanent paralysis and the need for full time assistance in her activities of daily living. 15. As a result of the delay in obtaining medical intervention, Plaintiff lost the opportunity to reverse and/or minimize symptoms resulting from her stroke and, thereby, suffered an increased risk of a significant and permanent symptoms that she, in fact, has suffered. 16. The delay in obtaining medical intervention for Plaintiff was due to the negligence of Defendant, acting through its employees and agents, as set forth above. 17. As a consequence of said negligence, Plaintiff has incurred significant medical expenses that may not have been necessary if she had received early and prompt medical intervention following her stroke. ~,~ ,"un- WHEREFORE, Plaintiff demands judgment against Defendant in an unliquidated amount in excess of$50,000.00. MARTSON DEARDORFF WILLIAMS & OTTO \vJl~ s, Esquire Attorneys for Plaintiff Date: September 19, 2000 ", ." ~ " .-'-' VERIFICATION I, Thomas J. Williams, Esquire, counsel for PlaintiffH. Marguerite Williams depose and say, subject to the penalties of 18 Pa. C.S.A. Section 4904, that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verification on hers behalf, and that I will supplement this Verification in the near future with one executed by my client. ~J.l.;.- Date: September 19, 2000 . . ~.- ~ ~ .~-- ", "'1 --~- CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Edwin A. D. Schwartz, Esquire McKissock & Hoffman 105 North Front Street Suite 205 Harrisburg, PA 17101 MARTSON DEARDORFF WILLIAMS & OTTO TIC aD. Eckenroad en East High Street Carlisle, P A 17013 (717) 243-3341 Dated: September 19, 2000 . . e, ,_ . ~ ., . . ~, - _~_ M""""'_ 1~".....4., t. lFY~1i!Illf!II "._9_!l!!!!to..!..,...",,~_ (") 0 ,~ c: 0 ~, s:. -n ~Q:2 {/) .._-~ .." :-'ri.:D - j" 'TJ 2::1", Zr-c N r--- ift~ -_~-i :Tl C) ~ ~~,,:,:::! <-u ~~~~: .?io v :Jr (~--~~ pC) c: N 6n1 Z --, ~ :.n ~ Q") -< P~""~~__",,,,~~~,~~-'~-'I'!'!l\"'il,.H'il'*~m~~J!m~i~'f',,",<'*'~''''1'l~~. H. MARGUERITE WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW SARAH A. TODD MEMORIAL HOME t/dlb/a THE TODD HOME AND REHABILITATION CENTER and UNlTED CHURCH OF CHRIST HOMES, INC., t/d/b/a SARAH A. TODD MEMORIAL HOME, Defendants 00-2179 CIVIL JURY TRIAL DEMANDED IN RE: PETITION FOR EMERGENCY PROTECTIVE ORDER AND STAY OF DEPOSITION OF H. MARGUERITE WILLIAMS ORDER AND NOW, this 2. P ~ day of September, 2000, the defendants are given twenty (20) days to respond to the plaintiffs new matter. Unless oral argument is requested by either party, this matter shall be decided on the pleadings. BY THE COURT, Edwin A. D. Schwartz, Esquire For the Defendants Thomas J. Williams, Esquire For the Plaintiff :rlm ""l'. -, _, ""~ ',", _" ~...'P '.--' . " Ilfl1_ !~'\L.Et)-O,:F\CE Ci~ ':':':<;l';-VJ:<OTARY 00 SF? 28 ~i1 II: 1\ CUM6Ei:if~'1D COUNTY PENNSYLVANIA ".........."""~.~- f " ~, _ .,r _~,"' " , , -". '0'" .' "'- - ~-~ ,~"~.~~~,~'lj\lii,w......,.., A 1Il"""'--' ,"~ :~'~""""""""'.~if!'iill!lffl!lill!filll/l."""" -,.~,~ F:\FILES\DA T AFILE\Gendoc.cur\64094-ANS.lftde Created 03121100 11:44:52AM Revised: 09/20100 08:40:19 AM 6409.4 H. MARGUERITE WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-2179 CIVIL ACTION SARAH A. TODD MEMORIAL HOME t/dIb/a THE TODD HOME AND REHABILITATION CENTER and UNITED CHURCH OF CHRIST HOMES, INC. t/dIb/a SARAH A. TODD MEMORIAL HOME, Defendants JURY TRIAL DEMANDED PLAINTIFF'S ANSWER WITH NEW MATTER TO DEFENDANTS' EMERGENCY PETITION FOR PROTECTIVE ORDER AND STAY OF DEPOSITION OF H. MARGUERITE WILLIAMS AND NOW, comes Plaintiff, H. Marguerite Williams, by and through her attorneys, and answers Defendants' Emergency Motion for Protective Order and Stay of the Deposition of H. Marguerite Williams as follows: 1-4. Admitted. 5. Denied as stated. Plaintiff has recently provided copies of all medical records in the possession of her counsel to defense counsel. Informal information concerning this case has also been provided. Formal responses to the Interrogatories and Document Requests are presently being prepared and will be furnished prior to Plaintiff s deposition. Further, Plaintiff agreed to the request of Defendants, to postpone the deposition which had been scheduled for September 6,2000 until these could be accomplished. 6-8. Denied as stated. In the first place, the nature of Plaintiffs complaint is straight forward and well known to Defendants, to wit: On April 25, 1999, Plaintiff suffered a stroke while living in a cottage (apartment) leased from Defendants, activated a call bell that was there for the purpose of summoning emergency help, the call bell system failed to operate, emergency help did not respond, and Plaintiff was not discovered until the next morning, by which time the window of opportunity that could have prevented permanent damage had closed and Plaintiff now suffers permanent paralysis of the left side. In the second place, Plaintiffs medical condition is deteriorating and the need to preserve her testimony has become critical. '<, ,0_',__ WHEREFORE, Plaintiff prays Your Honorable Court to deny Defendant's Emergency Motion for a Protective Order and remove the stay on the deposition of Plaintiff. NEW MATTER 9. Plaintiff initiated this action by summons after attempts to obtain informal information about Defendants' call bell system in general, and the reason why it did not function in Plaintiff s apartment, were unsuccessful. 10. Plaintiff is 87 years of age, having been born September 3, 1913, and is in deteriorating health. II. While in the typical case Defendant would be correct in seeking to conclude discovery prior to deposing Plaintiff, the extrinsic circumstances of Plaintiffs age and health make it necessary to preserve her testimony at the earliest possible moment. 12. Although Plaintiff had intended to conduct discovery as an aid to preparing a Complaint, indeed as an aid to determine whether there was a factual basis for the lawsuit, Plaintiff has now filed a Complaint based on the information available to her at this time. A copy of said Complaint is attached hereto and marked Exhibit "A." 13. The allegations set forth in the Complaint are sufficient to permit Defendants' counsel to attend Plaintiff s deposition. WHEREFORE, Plaintiff prays Your Honorable Court to deny Defendant's Emergency Motion for a Protective Order and remove the stay on the deposition of Plaintiff. MARTSON DEARDORFF WILLIAMS & OTTO B\,:!~~E<q~re.1l ---~ LD. No. 17512 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: September 19, 2000 I,C,,~ '_',y ,Or" '" - ~-:::'\ r-" t ;; '" [,I J ' {-~ (2) c;-r~ ~jl --':'~ c:; ". F:\F1LBS\DATAFlLB\GeRdoc.cur\64094-com.11tdc Created: 0911910002:16:52 PM Revi:set: 0911910004;01:34 PM 6409.4 H. MARGUERITE WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . v. NO. 2000-2179 SARAH A. TODD MEMORIAL HOME tJd/b/a THE TODD HOME AND REHABILITATION CENTER and UNI1'ED CHURCH OF CHRIST HOMES, INC. tJd/b/a SARAH A. TODD MEMORIAL HOME, Defendants JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 EXHIBIT "A" ,~ -.- " , , P:\FILBS\DATAFILE\Gcddac.cur\64094-com.1 Cn:ated: 09I19IOO02:29:48PM ~ 091191OO04:01:34PM H. MARGUERITE WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-2179 CML ACTION SARAH A. TODD MEMORIAL HOME t/d/b/a THE TODD HOME AND REHABILITATION CENTER and UNITED CHURCH OF CHRIST HOMES, INC. t/d/b/a SARAH A. TODD MEMORIAL HOME, Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff is an adult individual presently residing at Country Meadows, 4905 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is a Pennsylvania non-profit corporation with a principal place ofbusiness at 1000 West South Street, Carlisle, Cumberland County, Pennsylvania. 3. On April 25, 1999, Plaintiff was a resident and an occupant of Cluster Cottage 4D, Sarah A. Todd Memorial Home, 1000 West South Street, Carlisle, Cumberland County, Pennsylvania, pursuant to an Occupancy Agreement between Plaintiff and Defendant dated November 11, 1996. 4. As part of said Agreement between Plaintiff and Defendant, Plaintiff's cottage was equipped with a call bell designed to alert Defendant's employees at the nurse's station that assistance was needed when activated. 5. Prior to April 25, 1999, Plaintiff was in good health and living independently. 6. In the evening of April 25, 1999, Plaintiffwhile alone in her cottage, suffered a stroke that left her partially disabled and unable to walk. 7. With considerable difficulty, Plaintiff was able to crawl to the call bell in her cottage and activate it. 8. During the evening of April 25-26, 1999, after the call bell in Plaintiff's cottage was activated by Plaintiff, no employee of Defendant responded to Plaintiff s cottage. -'''I: .. ,. '-'" , ~~ 9. Plaintiff, unable to stand, ambulate or otherwise attract attention, remained on the floor ofher cottage until discovered the next morning, April 26, 1999, by a resident of a neighboring cottage. 10. Plaintiff believes, and therefore avers, that the call bell system furnished by Defendant in her cottage failed to operate and, therefore, Defendant's employees were unaware of her plight. 11. Defendant's negligence consists of the following: a. failing to meet its obligation to Plaintiff to provide a call bell system that works; b. failing to properly maintain and/or upgrade the call bell system; and c. failing to provide a back up or failsafe for a critical system designed and advertised to be used in a medical emergency to summon immediate assistance. 12. At all times pertinent hereto, Defendant acting through its employees and agents, was aware that a stroke is an emergency medical condition that requires immediate intervention in order to reverse or minimize the symptoms. 13. At all times pertinent hereto, Defendant, through its employees and ageIllts, was aware that drugs used to treat stroke victims are only effective if administered within approximately three hours of the first symptoms. 14. As a result of the delay in obtaining medical intervention, Plaintiff's stroke has caused permanent paralysis and the need for full time assistance in her activities of daily living. 15. As a result of the delay in obtaining medical intervention, Plaintiff lost the opportunity to reverse and/or minimize symptoms resulting from her stroke and, thereby, suffered an increased risk of a significant and permanent symptoms that she, in fact, has suffered. 16. The delay in obtaining medical intervention for Plaintiff was due to the negligence of Defendant, acting through its employees and agents, as set forth above. 17. As a consequence of said negligence, Plaintiff has incurred significant medical expenses that may not have been necessary if she had received early and prompt medical intervention following her stroke. -"l"I'lf.. , ,<-. -'0 I' - . WHEREFORE, Plaintiff demands judgment against Defendant in an unliquidated amount in excess of $50,000.00. MARTSON DEARDORFF WILLIAMS & OTTO Byr~ TIlmas..l' ~'''''" 1.0. No.1 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: September 19, 2000 " . , ..c VERIFICATION I, Thomas J. Williams, Esquire, counsel for PlaintiffH. Marguerite Williams depose and say, subject to the penalties of 18 Pa C.S.A. Section 4904, that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verification on hers behalf, and that I will supplement this Verification in the near future with one executed by my client. 1~fflN~ ."t~ Thomas J. Williams, Esquire Date: September 19, 2000 "1"<"1" ~_o '.< CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Edwin A. D. Schwartz, Esquire McKissack & Hoffman 105 North Front Street Suite 205 Harrisburg, PA 17101 MARTSON DEARDORFF WILLIAMS & OTTO c~~;JJr;fw4 . nc a D. Eckenroad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 19, 2000 .''Im ", - VERlFICATION I, Thomas J. Williams, Esquire, counsel for PlaintiffH. Marguerite Williams depose and say, subject to the penalties of 18 Pa. C.S.A. Section 4904, that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verification on hers behalf, and that I will supplement this Verification in the near future with one executed by my client. Date: September 19, 2000 -r: "".,J; ~ ""'"''''T :i"' 'c~ " ~ . ,.- CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Plaintiff's Response With New Matter to Defendants' Emergency Motion for a Protective Order and Stay of Deposition was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Edwin A. D. Schwartz, Esquire McKissock & Hoffinan 105 North Front Street Suite 205 Harrisburg, P A 17101 By Tricia D. Eckenroad n ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: September 19, 2000 ~ ,\, . "-""<~F- "'-_~r_~_ < ".,. " - "1- - ,. "" \!!!l!!l~ " ., ., ',"" .-,"~ ~".'" ". .., (") 0 0 ~ 0 " -Om on "-1 "., rfJm " [;1 ~;;g Z:X1 LC N __,0" ~~: (::; _:~:j\~ r"._ j r:O ~~t~) < --v ~O ~ .,,"-ri 1 .~-' '<'0 :,-;- (') )>C r:? (Sin L :n :;! =<! CT\ .::::0 -< r'"~I!IlIl'I~~''''''''''',_"~~, ""._~~> ._,;\j!I,II'lm~~_ <,-,~';,,*_~~~i~I.l'~~tl!\lJ~'''~''''''!imfj!~iF!'~!'lj''''\!fiIf''''lt~ H. MARGUERITE WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-2179 CIVIL ACTION SARAH A. TODD MEMORIAL HOME t/d/b/a THE TODD HOME AND REHABILITATION CENTER and UNITED CHURCH OF CHRIST HOMES, INC. t/d/b/a SARAH A. TODD MEMORIAL HOME, Defendants JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this ~ day of September, 2000, upon consideration of Plaintiffs Motion To Compel, a Rule is hereby issued upon Defendants to show cause, if any there be, why the information requested in Interrogatory No.9 of Plaintiffs Interrogatories should not be provided Rule returnable Z-O days after service, BY THE COURT, /lJ ~. G. f'{ 00 ~ CI-'":t 0" ,," " >- w ;:: 0;: ;<( "" 1-- :z: LU'C? en :::J ~~1~ O~ H: ~T~ Ji,,_ oz = $.: c.)t:,:.~ ...::J~' i '_u" ;7-~ C'-:'" co ''(~ -.-- 0" _....J-. :::::~ \ 0,.. 0:2" ~,.j-. :~- uj ':'-Uc- codJ C/) ;;;;- ("'5 0 :::J a (..)- I' ~,MlIP1_~ m;H!iIJ~~ ~1" ,~'" ~1f'~_"_,_~__~_~'~~~"'~'1:-'I<it!i~r;w1r~ '~,'"""' ~' ,,~ ., ,_. ,~, 'llf_~~~_~~~<!iM"'J!'~~~~1 F:\FILES\DATAFILE\Gendoc.cur\64094-MOT.l/tde Created: 09119/00 02:26:52 PM Revised: 09/20100 09:48:49 AM 6409.4 H. MARGUERITE WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000.2179 CIVIL ACTION SARAH A. TODD MEMORIAL HOME t/d/b/a THE TODD HOME AND REHABILITATION CENTER and UNITED CHURCH OF CHRIST HOMES, INC. t/d/b/a SARAH A. TODD MEMORIAL HOME, Defendants JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND NOW, comes the Plaintiff, H. Marguerite Williams, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and moves the Court as follows: I. The gravamen of this case involves a call bell system in Defendants' nursing home that failed to function when Plaintiff had a medical emergency. 2. Plaintiff, a resident at the nursing home, suffered a stroke on the evening of April 25, 1999, activated the call bell system, but no one responded. 3. Plaintiffs relatives were told by the administrator of Defendant nursing home that the system "malfunctioned," but provided no other details. 4. Unable to obtain any further information with regard to the malfunction, Plaintiff commenced this action by summons on April 10, 2000, serving Interrogatories at the same time. 5. Interrogatory Number 9 was: 9. With regard to any emergency call system described in the previous Interrogatory, have any changes been made to it since April 25, 1999?_ If yes, then kindly describe below each such change, the date thereof, and the identity of all persons having knowledge of the reason for the change. 6. Defendant objected to Interrogatory No.9 as follows: 9. Objection. Defendant objects to this Interrogatory inasmuch as it is seeking information which is inadmissible under Pa. I l"u . ,. ,-- R.E. 407. Furthermore, Defendant objects that such Interrogatory is seeking information which is inadmissible and not likely to lead to the discovery of admissible and relevant evidence in this matter. 7. Whether or not the information sought by the Interrogatory is ultimately deemed admissible at trial is not the basis for an objection in disclosing the information during discovery WHEREFORE, Plaintiff prays Your Honorable Court to overrule Defendants' objection to Interrogatory Number 9. MARTSON DEARDORFF WILLIAMS & OTTO By ,:1!;;,;a: &:,.d ~ LD. No. 17512 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: September 19, 2000 I ~r' ..... ,", ,-, " CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Motion to Compel was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Edwin A. D. Schwartz, Esquire McKissock & Hoffman 105 North Front Street Suite 205 Harrisburg, P A 17101 MARTSON DEARDORFF WILLIAMS & OTTO c5j{ , {J By Id//J , Tricia D. Eckenroad Ten East HIgh Street Carlisle, P A 17013 (717) 243-3341 Cf;uJ Dated: September 19,2000 . pO ~ ~'< ,_, _, .- 'c'~ 1-- "" "",. , "".1'I1iIl,~ ~..",II ~,~ '~" J!!:IlII. 1m! . ~_~""D ~u V T'!I'"" ..Ii'!!lr"....,,~ ~ ~ !!llI!Wi!ll!!!l'l"",,-_ () ,..: .". ."'- "TJW ZIT1 Ml. :p Z'C Cf} -0::: c<..~'> r:::.--' <::........ )>() ~o c :i! (.";). C:1 (.I') CTI -0 rv <::) -(j "TI " ;::-:-: '~::J~i d& '".. 5':1 -< =-"(~ r:? :J1 (,... -,__~~;l!~mmllf!Wjl!~~~ ( IN TIHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA H. MARGUERITE WILLIAMS Plaintiff NO. 2000-2179 (Civil Term) v. CIVIL ACTION - LAW SARAH A TODD MEMORIAL HOME Ud/b/a THE TODD HOME AND REHABILITATION CENTER AND UNITED CHURCH OF CHRIST HOMES, INC., Ud/b/a SARAH A. TODD MEMORIAL HOME Defendants JURY TRIAL DEMANDED DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND NOW comes Defendants, Sarah A. Todd Memorial Home, Ud/b/a the Todd Home and Rehabilitation Center and United Church of Christ Homes, Inc. Ud/b/a Sarah A. Todd Memorial Home by and through its counsel, McKissock & Hoffman, and respectfully provides as follows: 1. Admitted in part, denied in part. It is admitted that the apparent crux of this case involves the call bell system in the residential cottages provided by the Defendant. It is denied that Defendants operated a nursing home in which the Plaintiff resided and it is further denied that the call bell system failed to function when activated. 2. Denied. 3. Denied. 1 / "_::'~,'1': ~" _'r~_~)';o/,_,,,_-t'"^ ,,}. ''''~~~ .'_ ,---"",,_o=,,'T' o~.~ ,_, , ,,,,,,''''_ ",_"_,',c?'_~',,"___,',"A-'_.' \,_",~ -- .'_" - ~. .". u~, ._' _~_" _ _ ~"_,, _~,N ,=__, "," ..__ ____n'_ ,p ^' e'", ~-.,.. ,- - ,~ ,- -~I.-'" ) ,,- ,~" -~- -. ~ ,--", ~.>. nIT ~-~'-.I~':' ::,,", .., ~ ( " ';,; 4. Admitted in part, denied in part. It is admitted that this action was commenced by the filing of a Writ of Summons on April 10, 2000. The remaining averments contained in paragraph 4 are denied. 5. Admitted. 6. Admitted. 7. The averments contained in paragraph 7 of Plaintiff's Motion to Compel Answers to Interrogatories represents a conclusion of law to which no response is required. By way of further response Defendants have simultaneously with filing of this response to Plaintiff's Motion served supplemental responses to Plaintiff's Interrogatories providing all information which is responsive to Plaintiff's Interrogatory #9. WHEREFORE, Defendants respectfully requests this Honorable Court dismiss Plaintiff's Motion to Compel Answers to Interrogatories inasmuch as the same have been answered and further provide Defendants all such further relief as is proper and just. Respectfully submitted: McKissock & Hoffman, P.C. By: Edwin A. D. SC , Esquire Attorney 1.0. #75902 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 234-0103 Date: /O-C>~-OC> 2 , , c' .,",~:--:"",,,,.,,,o,,,.",:,,<~,..,'- -, " ,',---" , ^'-.-.' '-~- - ,,~._,,_.,:>. ,,,,,,-,~,,,,(^.s-:,___o~ '-."" - -'',,, - ^.c ,_.~ _ ,<.,." ".'.-,,,". -,'- . "''''",- ,. ~ CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Defendant's Response to Plaintiff's Motion to Compel Answers to Interrogatories upon the person 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, first-class postage prepaid, addressed as follows: Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013-3093 Respectfully submitted, McKissock& Hoffman, PoCo BY.~~ Supreme Court 1.0. No:. 57679 Edwin A.D. Schwartz Supreme Court 1.0. No. 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 Telephone: (717) 234-0103 Date: /o-o~-C>o "~c'yr''''''''',L,'__~'~'-'''_ ,",,',,7'__.-,""__ ,-_,,'-Y_, ";,'''<' ~ --- '.i-'-_ ",," IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA H. MARGUERITE WILLIAMS Plaintiff NO. 2000-2179 (Civil Term) v. CIVIL ACTION - LAW SARAH A TODD MEMORIAL HOME t1d1b/a THE TODD HOME AND REHABILITATION CENTER AND UNITED CHURCH OF CHRIST HOMES, INC., t1d/b/aSARAH A. TODD MEMORIAL HOME Defendants JURY TRIAL DEMANDED NOTICE To Plaintiff: H. Marguerite Williams c/o Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013-3093 You are hereby notified to file a written response to the enclosed Answer and New Matter within 20 days from service hereof or a default judgment may be entered against you. DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT Defendants, Sarah A. Todd Memorial Home t1d/b/a The Todd Home and Rehabilitation Center and United Church of Christ Homes, Inc., t1d/b/a Sarah A. Todd Memorial Home, (hereinafter referred to as "Defendant") by and through their attorneys, McKissock & Hoffman, P.C., hereby provides the following Answer and New Matter to Plaintiff's Complaint. 1 1'--- ~ l"~_ ~o, i_ , '," - -.,-'''':'---''': .,. """__ -, . :;'-_'>' o~'_"~',_ ".-- _., -, ' ---~ , - -.~- ,~- -, .,- -'v,-<','" ": ,~- -~-~~ ,-- ~ '. ~ - . 1. Defendant is without sufficient information to admit or deny the averments contained in paragraph 1 of Plaintiff's Complaint and as such, the averments contained in paragraph 1 are specifically denied and strict proof thereof is demanded at time of trial. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Plaintiffs cottage was equipped with a call bell designed to alert Defendant's employees that assistance was needed when activated. It is specifically denied that the provision of such call bell system was a specific requirement contained in the Occupancy Agreement between the Plaintiff and Defendant dated. November 11, 1996. 5. Defendant is without sufficient information to admit or deny the averments contained in paragraph 5 of Plaintiff's Complaint and as such, the averments contained in paragraph 5 of Plaintiffs Complaint are denied in strict proof thereof is demanded at time of trial. 6. The averments contained in paragraph 6 of Plaintiffs Complaint are admitted in part and denied .in part. It is admitted that the medical records provided by Plaintiff in this matter .indicate that on or about April 25, 1999 Plaintiff suffered a stroke. Defendant is without sufficient information to admit or deny the remaining averments contained in paragraph 6 of Plaintiffs Complaint and as such, the remaining averments in paragraph 6 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 2 !'" ' ',~ ~ --_-'d"".__'_,'~-.-:-. .,,~ , - ~ " "" ~'-:-----"'-<'_' '':''.', _ . ,- - l-' " c.,",,,,, --- - >, " '~e __"_~_ '._ _, _ ""___. 7. Defendant is without sufficient information to admit or deny the averments contained in paragraph 7 of Plaintiffs Complaint and as such the averments contained in paragraph 7 of Plaintiffs Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 8. The averments contained in paragraph 8 of Plaintiffs Complaints are admitted in part and denied in part. It is admitted that during the evening of April 25-26, 1999, no employee of the Defendant responded to Plaintiffs cottage. The remaining averments contained in paragraph 8 of Plaintiffs Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 9. The averments contained in paragraph 9 of Plaintiffs Complaint are admitted in part and denied in part. It is admitted that during the morning of April 26, 1999, Plaintiff was discovered on the floor of her cottage by a resident of a neighboring cottage. The Defendant is without sufficient information to admit or deny the remaining averments contained in paragraph 9 of Plaintiffs Complaint and therefore strict proof thereof is demanded at the time of trial. 10. The averments contained in paragraph 10 of Plaintiffs Complaint are admitted in part and denied in part. It is admitted that Defendant's employees were unaware of Plaintiffs condition on April 25-26, 1999. The remaining averments contained in paragraph 10 are specifically denied. By way of further answer, the Defendant is without sufficient knowledge and/or information that would support the contention that Plaintiff activated the call bell system. 3 --:!'~':\" ,'",^~.''''-~-~--''''' -- ,.," :C'. ~ -'" < ~-<- ". '~'-,!".,." '-^ -~^,,-'''-~---~ >-<- -" .. ~----,,, , ,,' . ~. - , - ',.. - - ~.' - - l 11. The averments contained in paragraph 11 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in paragraph 11 of Plaintiff's Complaint (and all sub-paragraphs thereunder) are specifically denied and strict proof thereof is demanded at the time of trial. 12. Denied. By way of further response Defendant is unable to provide a more detailed response to the averments contained in paragraph 12 of Plaintiff's Complaint in light of the fact that Plaintiff has failed to identify the "employees and agents' as referenced in this paragraph. . 13. Denied. By way of further response Defendant is unable to provide a more detailed response to the averments contained in paragraph 13 of Plaintiff's Complaint in light of the fact that Plaintiff has failed to identify the "employees and agents" as referenced in this paragraph. 14. The averments contained in paragraph 14 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 15. The averments contained in paragraph 15 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in paragraph 15 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 16. The averments contained in paragraph 16 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that 4 ._'{"" ~_ " c. -'"r-,'~_",-" ,-'C',,, p^~__,._"_.,,,.,,,,,",,, " ~-'" "'_'.-T'" "'1'-' .- -. ''- ,_"__ _. _'-0' _~_ __ ",_" ."e." ."_ ,_', ,'~", "" ,-.' ' 1: ' a response is so required, the averments contained in paragraph 16 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 17. The averments contained in paragraph 17 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in paragraph 17 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial. NEW MATTER 18. Plaintiffs claims maybe barred and/or limited because of the conduct of the Plaintiff under the doctrines of comparative negligence and/or assumption of risk, to the c.1!AA:':' extent that subsequent discovery may implicate. '5-~ii; 19. Plaintiffs claims maybe barred and/or I.imited by virtue of any consent signed by ~Iaintiff under the doctrines of release and consent, to the extent that subsequent discovery may implicate. 20. Plaintiff's claims maybe barred and/or limited because the injuries alleged to have been sustained by the decedent are the result of some person, party or entity to which Defendant, Sarah A. Todd Memorial Home, exercised no control. 21. Nothing done or omitted by the Defendant, Sarah A. Todd Memorial Home was the proximate cause of any injuries alleged to have been sustained by the Plaintiff. 22. The Plaintiff's failure to exercise due care was the proximate cause of any injuries alleged to have been sustained by Plaintiff. 5 " '".,.., -,. - <_." '_-,.~,0'~ ._0 ,,' -. .'-",.,..-'.', , ,- .,~, " . -. - "'~ .- " ~'-~ '" ,.- ~, ,-- -~-, -,' --'~', - ,., ,-, - ,', .. "'1-, 23. Plaintiffs Complaint fails to identify the alleged "employees" who acted or failed to act at any time relevant to the Plaintiffs cause of action. 24. Plaintiffs Complaint fails to identify the alleged "employees" were acting ''within the scope of their employment authority" at any time relevant to the Plaintiffs cause of action. 25. Plaintiffs have failed to set forth the requisite elements to assert personal injury action to recover damages from Defendant, Sarah A. Todd Memorial Home. 26. If there is a judicial determination that Pa.R.C.P 238 is constitutional, said constitutionality being expressly challenged as being in violation of the due process and equal protection clauses of the Fourteenth Amendment of the United States Constitution, 42 U.S.C. Section 1983; Article I, ~1, 6, 11, 25; and Article V ~1 O(c) of the Pennsylvania Constitution, then liability for any interest imposed by the Pennsylvania Rules of Civil Procedure should be suspended during any such period of time that Plaintiff: (a) failed to convey to Defendant a settlement figure; (b) delayed in responding to any interrogatories properly served; (c) delayed in responding to any request for production of documents and/or things as properly served; (d) delayed in producing Plaintiff for deposition on service of proper notice; (e) delayed in producing Plaintiff for physical examination, upon proper notice; and 6 :', ~,-~ .- ~,~"',',--"., ""r - -- ''Y'" ( '~- ,----,-- -,,-,. '\ .' ,-, _"~_",e,,_,,_,' . ,.-" . __~ ','..' ,'~ ," 0 _ , ",-",.-..--._" - ,-,., j-- ,--, , (f) delayed in any other manner to discovery requests properly made by Defendants and the result of any of the delays as asserted above, Plaintiff should be estopped from obtaining any interest because of the violation of the discovery rules. 27. Inasmuch as Pennsylvania Rules of Civil Procedure, specifically Rule 1032, provides that a party waives all defenses not presented by way of answer, Defendant, Sarah A. Todd Memorial Home, upon advice of counsel, hereby asserts all affirmative defenses as set forth in Pennsylvania Rules of Civil Procedure 1030, those defenses to include, in addition to the defenses already enumerated above, assumption of the risk, consent, contributory negligence, discharge and bankruptcy, demised, estoppel, failure of consideration, fair comment, illegality, immunity from suit, impossibility of performance, justification, latches, license, payment, privilege, release, statute of frauds, statute of limitations, truth and waiver, with these said affirmative defenses being subject to demonstration during the discovery process and proof, as relevant, at the time of trial. 7 I.... . ,.,,,>---,,,-"~,""-~"--_\>"'-""::"'-~"'>;-"; '-', ".-, " , _ _", ,_o,~ ( ""'.__''.-. "_"~.___ n,'__ ,-.. ~, WHEREFORE, Defendants respectfully request this Honorable Court to enter judgment in its favor and dismiss Plaintiff's Complaint and further grant Defendant all such further relief as is proper and just. Respectfully submitted, McKissock & Hoffman, P.C. BY&~ William J. Mundy Supreme Court 1.0. No:. 57679 Edwin A.D. Schwartz Supreme Court 1.0. No. 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 Telephone: (717) 234-0103 Date: /0-9-00 8 "'~-' ~, - __~O_~ ___', _,_;", _ ," "',__ . r -- -~. ',.1. .--,-.~_, _ '''"''-',_1_ . _ - ~--,- ',' m ,~-~_-,_,"-,.,,_t;,._ 0/"~ "'_~ _~. ~"_ > . - ,- ^ , - - - -~-- -' - ,,"'~-, .-,-':'. 10/09/00 09:50 '6'717 245 9733 THE TODD HOME 1lJ003 VERIFICATION I, Mary Jane VIIalker, Administrator fOr Sarah A Todd Memorial Home, hereby verify that the statements and responses in Defendant's Answers with New Matter to Plaintiff's Complaint are true and correct to the best of my information, knowledge and belief, I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. a.rf... ::Vii >t.k. 2 Mary ns alker, Administrator Sarah A. Todd Memorial Home Date: ./tP- 't ~ ^-...t>Oo OCT-09-00 MON 09:47 AM FROM:717 245 9733 TO:MCKISSOCK HOFFMAN PAGE 3 i'~~ . ~ ,~,' ~, CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Defendant's Answers with New Matter to Plaintiffs Complaint upon the person 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, first-class postage prepaid, addressed as follows: Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013-3093 Respectfully submitted, McKissock & Hoffman, P.C. B'~~ William J. Mundy Supreme Court 1.0. No:. 57679 Edwin A.D. Schwartz Supreme Court 1.0. No. 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 Telephone: (717) 234-0103 Date: ........6 -'>-00 !--., , '!'-,,",---,---- ~,-~,,""'!'~~-,---,,'\~ -,'-."- ""-' ~_- -.,- ',~" - ?"." 'no'"~ '_ _ -_~~ 'f,.' ",-" "", ,___,' ,_, C', _'.'__' ,_". _~',_,_" ,_,_",_""',_. , ' y --.. ,- ,- -- -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA H. MARGUERITE WILLIAMS Plaintiff v. NO. 2000-2179 (Civil Term) CIVIL ACTION - LAW SARAH A TODD MEMORIAL HOME t/d/b/a THE TODD HOME AND REHABILITATION CENTER AND UNITED CHURCH OF CHRIST HOMES, INC., t/d/b/a SARAH A. TODD MEMORIAL HOME Defendants JURY TRIAL DEMANDED DEFENDANT'S RESPONSE TO PLAINTIFF'S NEW MATTER SET FORTH IN PLAINTIFF'S ANSWER WITH NEW MATTER TO DEFENDANT'S EMERGENCY PETITION FOR PROTECTIVE ORDER AND STAY OF DEPOSITION OF H. MARGUERITE WILLIAMS 9. Admitted in part and denied in part. It is admitted that this action was commenced by the filing of a Writ of Summons. The remaining averments are specifically denied. The averments contained in paragraph 9 of Plaintiff's New Matter are specifically denied. By way of further response on May 10, 2000 Defendant forwarded Answers to Plaintiff's Interrogatories to Plaintiff's counsel. Furthermore on August 8, 2000 Defendant served upon counsel for Plaintiff Defendant's First Set of Interrogatories and Request for Production of Documents to which Plaintiff's responses remain outstanding. 10. Defendant is unable to provide a response to the factual averments contained in paragraph 10 of Plaintiff's New Matter and as such, these averments are denied and strict proof thereof is demanded at time of trial. -"'~,;,-",-'''- . --;,.,-~.- ---~--',-- . .. 'C.,_," ",., .. ',--. ''T_'-'' .. ocT ... .. .,,~ ~,-,"'-,,-~ .. -" ., m .",' . 11. Defendant specifically denies that the "extrinsic circumstances' in this case justify Plaintiff's position that Defendant would be required to participate in a deposition for use at trial of the Plaintiff without the benefit of prior discovery. By way of further response, Defendant would be substantially prejudiced if it were required to participate in a deposition of the Plaintiff for use at trial if it was not first afforded the opportunity to conduct preliminary discovery in order to evaluate. and develop certain defenses which may be available, supported and pursued through discovery. Absent the opportunity to conduct discovery prior to a deposition for use at trial, Defendant would be unable to formulate in advance the appropriate lines of questioning in order to assert and preserve its defenses in this case. 12. The averments contained in paragraph 12 of Plaintiffs New Matter represent statements as to the Plaintiffs intended conduct in this matter to which a Defendant is unable to provide any response. By way of further answer, it is acknowledged that on September 20, 2000, a Complaint was filed with the Prothonotary of Cumberland County and as such, the averment with respect to this issue is admitted. By way of further response, it should also be noted that Plaintiffs alleged compromised health status has been well-known to the Plaintiffs since the inception of this matter by filing a Writ of Summons, yet Plaintiff has not taken any action to conduct formal discovery and/or provide response to Defendant's outstanding discovery requests. 13. The averments contained in paragraph 13 of Plaintiffs New Matter are specifically denied. By way of further response, Defendant's discovery requests as addressed to the Plaintiff in this matter remain outstanding. Absent Plaintiffs responses '~,- -'-_~_'''"''~~__ _<_' ',"" F,,_. /,,,,,,,", " ',_~'" ~'.. , '~-Y""~ --, ~. -..". - ^""-- -~--, ,', "c- ~, . ~ '" "~-,' , '-' to the outstanding discovery, Defendant would be unable to actively participate in any deposition of the Plaintiff inasmuch. as appropriate areas of inquiry and lines of questioning would be unknown to Defendant at the time of deposition, and as such, would substantially prejudice Defendant's ability to defend this matter in the unfortunate event that the Plaintiff would die and the only testimony preserved for trial would be that of the deposition taken at the prejudice of the Defendant. WHEREFORE, Defendant respectfully requests this Honorable Court to grant Defendant's Emergency Motion for Protective Order and enforce the stay as currently issued on the deposition of the Plaintiff, H. Marguerite Williams until such time as a minimum of twenty (20) days has elapsed from the Defendant's receipt of Plaintiffs responses to the outstanding discovery requests. McKISSOCK & HOFFMAN .C. By: c!2?c Edwin A.D. Schwartz Attorney J.D. No.: 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 234-0103 Attorneys for Defendant, Sarah A. Todd Memorial Home Date: /0-7'-><:> c ,+/".,,_,_-'^""_''''_''- ,-to'"~ ",_"_," < ",,-- ,,'."'-----. ,'~~,,-, _ __..~~,'_"__~ ,_""., "',r."'" ,->-, '"-,-- 10/09/00 09:50 '6'717 245 9733 THE TODD HOME 1aI002 VERIFICATION I, Mary Jane Walker, Administrator for Sarah A Todd Memorial Home, hereby verify that the statements and responses in Defendant's Response to Plaintiff's New Matter Set Forth in Plaintiff's Answer with New Matter to Defendant's Emergency Petition for Protective Order and Stay of Deposition of H. Marguerite Williams are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subjed: to the penalties of PAC.S. Section 4904, relating to the unsworn falsification to authorities. fa 4ri J)~ )J(~ ( Mary ane Walker, Administrator Sarah A. Todd Memorial Home Date: ./0- ~ ~ A..-e.ttJ OCT-09-00 MON 09:46 AM FROM:717 245 9733 TO:MCKISSOCK HOFFMAN PAGE 2 ~1- " ^ - ~ CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Defendant's Response to Plaintiff's New Matter Set Forth in Plaintiff's Answer with New Matter to Defendant's Emergency Petition for Protective Order and Stay of Deposition of H. Marguerite Williams 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, first-class postage prepaid, addressed as follows: Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 McKissock & Hoffman, P.C. BY: ~~ffi Supreme Court I.D. No. 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 Telephone: (717) 234-0103 Attorneys for Defendant Sarah A. Todd Memorial Home Date: /6- 9-oc I.,. -'--~",~-,o"-,,, ";-' w",:"'_Y"_t"-::c_ ,-,.. ,'~- - , _ _'_,' c,_~ _. .,' ,0'", " ,~", --' <-'^',<. ~:. -- - ." -" - " --._~-_.,---"._" . - h IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA H. MARGUERITE WILLIAMS Plaintiff NO. 2000-2179 (Civil Term) v. CIVIL ACTION - LAW SARAH A TODD MEMORIAL HOME Ud/b/a THE TODD HOME AND REHABILITATION CENTER AND UNITED CHURCH OF CHRIST HOMES, INC., Ud/b/a SARAH A TODD MEMORIAL HOME Defendants JURY TRIAL DEMANDED PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Please attach the enclosed Verification of Mary Jane Walker, Administrator to Defendant's Answers with New Matter to Plaintiff's Complaint, that was previously filed with the Prothonotary of Cumberland County, Pennsylvania, on or about October 9, 2000. Respectfully submitted, McKissock & Hoffman, P.C. By: ~r4?' Edwin AD. Schwa Attorney J.D. #75902 I II ,I II II II ~ ~-" 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 234-0103 Date: /o-/~....~ C 'jl: -^ - - '-- -;,v}",,--," '_'~"_,",';'\~_ c""_ ,,,=,00' "-:";'''7-_,!,:-"''~_ ~, -<"C"' .,,' _ ,- ,_~ ,,7 -,~,"'."r>- ,-" '':~ "7-;1"-"-- " , --~--..'-""- - - -'"', _, -,_'"'-'~ "~"_ ~__,__ ___' ",_r",' " ,~. VERI FICA TION I, Mary Jane Walker, Administrator for Sarah A Todd Memorial Home, hereby verify that the statements and responses in Defendant's Answers with New Matter to Plaintiffs Complaint are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PAC,S. Section 4904, relating to the unsworn falsification to authorities. arR... :.:VB. >/l.R.. ) Mary ne alker, Administrator Sarah A Todd Memorial Home Date: ./([)~ '? ~ /...__:<<>0 I c, ~ "_?,_<"_ ,_,_,__,-,~"""",~~>r"_." ",,~y_,,";_,__, -N--~~_~__c-~,_,,"~-i ,.,',_ _ ',' ._ _ , _ "-1-"- - - -~" ',-,,- ~__""__ __ ,_ _ _~_'_ __~, ., '^_~__",~ '" ___d","~__ r_"", ,=, "'. ,,_ ,~ C" _ ~ CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Praecipe to Attach Verification 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, first-class postage prepaid, addressed as follows: Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 McKissock & Hoffman, P.C. BY~~ Edwin AD. Schwartz Supreme Court I.D. No. 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 Telephone: (717) 234-0103 Attorneys for Defendants, Sarah A Todd Memorial Home Dated: /6 -/~ -00 '"'' '.'" -.'" . "i!"'-"" q.,- .. .r_.'~""~",, fe-' -C"'--';"",- c,~:" . ~-. -.', .,. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA H. MARGUERITE WILLIAMS Plaintiff NO. 2000-2179 (Civil Term) v. CIVIL ACTION - LAW SARAH A TODD MEMORIAL HOME Ud/b/a THE TODD HOME AND REHABILITATION CENTER AND UNITED CHURCH OF CHRIST HOMES, INC., Ud/b/a SARAH A TODD MEMORIAL HOME Defendants JURY TRIAL DEMANDED PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Please attach the enclosed Verification of Mary Jane Walker, Administrator to Defendant's Responses to Plaintiff's New Matter Set Forth in Plaintiff's Answer with New Matter to Defendant's Emergency Petition for Protective Order and Stay of Deposition of H. Marguerite Williams, that was previously filed with the Prothonotary of Cumberland County, Pennsylvani~, on or about October 9, 2000. " Respectfully submitted, MCKiS~O By: ~-d Edwin AD. Sc Attorney I.D. #75902 " 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 234-0103 Date: /~-/6-o0 .,~~ CO"'~'"_~''' """.' ,"" ~c "". . ~,-~ , ""', ". -.'~'- "_"_n . . .". , . . ,., ~".~-- . ., ,. , . ., <'-~ . . . ,~" VERI FICA TION I, Mary Jane Walker, Administrator for Sarah A. Todd Memorial Home, hereby verify that the statements and responses in Defendant's Response to Plaintiffs New Matter Set Forth in Plaintiffs Answer with New Matter to Defendant's Emergency Petition for Protective Order and Stay of Deposition of H. Marguerite Williams are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. ~r.{ ))~)J(~( Maryane Walker, Administrator Sarah A Todd Memorial Home Date: .JO~ (~ PL-ULJ r~" " , ". - <-'':",-":"f;;,-,-'''-'''','\_~'"''_~' = "' ".c-,;,.. 'n'<< ,,-.YJ "" - '''.'..'"',.' -co = .. _".,0> / -'-,--'- --"-',,- -".'." ,- -~~ - -, -" ~ ^---- -- - ~- f.' CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Praecipe to Attach Verification 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, first-class postage prepaid, addressed as follows: Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 McKissock & Hoffman, P.C. BY: eft g~~., Edwin AD. Schwartz Supreme Court I.D. No. 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 Telephone: (717) 234-0103 Attorneys for Defendants, Sarah A Todd Memorial Home Dated: /0 y':; -00 I f, , - r, ", -c".~,~,',/,,>-:, _,"," "/1'_"_ __,' "'''''',-~~ "",-~ 'f".~o/'_'" '. _,"_~"~,,",, ".,n _,'.~____' , ~, ." -~_ "'" ~,_,_,;__ .,' ,o,~-,-- . _/ ""'.,',_____"....~~,,_,'___"-~~.- '''- " H. MARGUERITE WILLIAMS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW 00-2179 CIVIL SARA A. TODD MEMORIAL HOME t/d/b/a THE TODD HOME AND REHABILITATION CENTER: and UNITED CHURCH OF CHRIST HOMES, INC. t/d/b/a SARAH A. TODD MEMORIAL JURY TRIAL DEMANDED HOME, Defendants IN RE: DEFENDANTS' MOTION TO COMPEL DISCOVERY ORDER AND NOW, this 2.. 'J -t day of September, 2002, in consideration of the defendants' motion to compel, the plaintiff is directed to respond to the defendants' outstanding discovery requests within thirty (30) days of service of this order. BY THE COURT, ~J ~,. '. '_1". f~ -q , . . ~ "---- . -,,- ,- ., l_r iIi'.........~~illllltij~:JiI!l!~;ij~liJl!~N~jliiOOlirll~!l!<~~~__..lIIillliilMillill!llll " 'lIIJ" ~ ML:~~JilI' "- ~~"""ilIIfl. -,~ -lid .;..0:.1'_: RLED--oFFICF n~ TI-'- "~'''rf-JO' "" ....;- ,,'it: I,.i~fyr:. i,~ j\JOT,ARY c.S '\ ~ \...: ~ . <;\~i ~ <i ().. 02 SEP 23 Pl112: 47 CUMBERLAND COUNTY PENNSYLVANVI ~~ il }~. "'~,. - -~~.-',,~-", --'-~%'~--= ,~ < , SEP 1 9 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA H. MARGUERITE WILLIAMS Plaintiff NO. 2000-2179 (Civil Term) v. CIVIL ACTION - LAW SARAH A TODD MEMORIAL HOME Ud/b/a THE TODD HOME AND REHABILITATION CENTER AND UNITED CHURCH OF CHRIST HOMES, INC., Ud/b/a SARAH A TODD MEMORIAL HOME Defendants JURY TRIAL DEMANDED ORDER AND NOW, this day of ,2002, upon consideration of Defendants' Motion to Compel full and complete answers to discovery, it is hereby ORDERED that the Plaintiff is granted days to serve full and complete answers to Defendants' Request for Production of Documents (Second Set). In the event Plaintiff does not provide full and complete answers to Defendants' Request for Production of Documents (Second Set) within days of the date of this Order, Plaintiff will be precluded from presenting any evidence regarding the alleged damages for which Defendants' Request for Production of Documents (Second Set) sought information. By the Court: J. i"_.", "-',' ";-''''0'-~8'''t'-'''''_'--~\>'"':-:-__' _~"____ ,<'.'-' "; ""c'- <"_:'_~-;' ,",J~ _,~, "~~. - [ '" '.,,"_ ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA H. MARGUERITE WilLIAMS Plaintiff v. NO. 2000-2179 (Civil Term) CIVil ACTION - lAW SARAH A TODD MEMORIAL HOME tld/b/a THE TODD HOME AND REHABILITATION CENTER AND UNITED CHURCH OF CHRIST HOMES, INC., tld/b/a SARAH A TODD MEMORIAL HOME Defendants 1 ~_ JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL DISCOVERY AND NOW comes Defendants, Sarah A. Todd Memorial Home tld/b/a the Todd Home and Rehabilitation Center and United Church of Christ Homes, Inc. tld/b/a Sarah A. Todd Memorial Home (hereinafter referred to collectively as "Sarah A. Todd Memorial Home"), by and through their attorneys, McKissock & Hoffman, P.C., and respectfully moves this Honorable Court for an Order compelling Plaintiff to provide full and complete responses to the previously served discovery in this matter, and as such provides as follows: 1. Plaintiff commenced this civil action against Defendants by the filing of a Writ of Summons on April 10, 2000. 2. Plaintiff ultimately filed a Complaint on September 20, 2000. 3. Following the deposition of the Plaintiff on June 6, 2001, Plaintiff's counsel issued a revised demand statement wherein attached thereto was an itemized listing of "out-of-pocket expenses" which formed the basis for demand statement. This revised demand statement of the Plaintiff was issued on July 10, 2001. :"- , ".,., ,':.1,~:-te"_ r"__:_":;,, .,,- _,_~~' _','"_,",7_=" ,,,. ".,-'.___.0_ "-,-,-'- , ..' -.-, ,---<-_.?--------, -',,", 4. On July 20, 2001, counsel for Defendants served Defendants' Request for Production of Documents (Second Set) upon counsel for Plaintiff seeking any and all information supportive of the Plaintiff's alleged out-of-pocket expenses as indicated in the revised demand statement. A true and correct copy of Defendants' Request for Production of Documents (Second Set) is attached hereto and made a part hereof as Exhibit "A". 5. In light of the fact the discovery requests were served upon Plaintiff's counsel on July 20, 2001, a timely response in accordance with the Pennsylvania Rules of Civil Procedure to such discovery requests should have been served no later than August 20, 2001. 6. No response to Defendants' Request for Production of Documents (Second Set) was received from Plaintiff's counsel on or before August 20, 2001. 7. On August 29, 2001 counsel for Defendants forwarded correspondence to Plaintiff's counsel seeking the status of the Plaintiff's response to the outstanding discovery. A true and correct copy of defense counsel's August 29, 2001 correspondence is attached hereto and made a part hereof as Exhibit "B". 8. Again, on October 23, 2001, Defendants' counsel forward correspondence to Plaintiff's counsel seeking information as to when the outstanding discovery would be responded to by Plaintiff. A true and correct copy of defense counsel's October 23, 2001 correspondence is attached hereto and made a part hereof as Exhibit "C". 9. Again, on December 12, 2001, Defendants' counsel forward correspondence to Plaintiff's counsel seeking information as to when the outstanding discovery would be responded to by Plaintiff. A true and correct copy of defense counsel's December 12, 2001 correspondence is attached hereto and made a part hereof as Exhibit "0". 10. In light of the continued failure of the Plaintiff to provide any response to the previously served discovery, Defendant's counsel forwarded correspondence to Plaintiff's counsel dated January 16, 2002 seeking an immediate response to the previously served discovery. Furthermore, in that correspondence, Defendants' counsel indicated that if no F- /"'~" ,,-'-~ ~ ,... . ., -." . ""'."-,- .,--- . -J. -,-,"".,..- - - ~ ."--" responses were received, Defendants' counsel would be forced to seek court intervention via a Motion to Compel and that defense counsel would be seeking costs and expenses necessitated by the filing of such Motion. A true and correct copy of Defendants' counsel's correspondence of January 16, 2002 is attached hereto and made a part hereof as Exhibit "E". 11. On February 12, 2002, Defendants' counsel received a correspondence from Plaintiff's counsel indicating that the discovery requests previously served upon Plaintiff's counsel were apparently "misfiled" and request Defendants' counsel provide an additional copy of the outstanding discovery. 12. In response to Plaintiff's counsel's correspondence of February 12, 2002, Defendants' counsel forwarded an additional copy of Defendants' Request for Produdion of Documents (Second Set) to Plaintiff's counsel under cover letter dated February 15, 2002. A true and correct copy of Defendants' cover letter dated February 15, 2002 is attached hereto and made a part hereof as Exhibit "F". 13. Notwithstanding the fact that Plaintiff's counsel received the additional copy of the previously served discovery requests, Plaintiffs continued in their failure and/or refusal to provide responses to the previously served discovery. 14. On March 21, 2002, Defendants' counsel forwarded correspondence to Plaintiff's counsel setting forth the chronology of events regarding Defendants' counsel's efforts to obtain answers to the outstanding discovery and again indicated the anticipated necessity in filing a Motion to Compel with the court. A true and correct copy of Defendants' counsel's March 21, 2002, correspondence is attached hereto and made a part hereof as Exhibit "G". 15. To date, no response has been received to the outstanding discovery as previously served upon counsel for Plaintiff more than 14 months ago. Defendants' counsel has tried numerous times in vain to obtain the answers to the outstanding discovery, but all such efforts have been ignored by Plaintiff. '-V;, '0',- ,,_~-_ -J, "> -_~_w". '.,-",~_"u _,,", "'^ -.--'c-'' "1__, _'." _',', "_,,,,",_,"" ,~. .. __~_, ~ - - - - w "C_" ~ ,'U._", WHEREFORE, Defendants respectfully requests this Honorable Court enter an Order compelling Plaintiff to provide full and complete responses to the outstanding discovery as previously served and further grant Defendants all such further relief as is just and proper including, but not limited to, the time and costs associated with the filing of the instant Motion to Compel. It is further requested that the Honorable Court enter an Order precluding Plaintiff from presenting any evidence regarding the alleged damages identified as Plaintiff's alleged out-of-pocket expenses if Plaintiff does not provide full and complete responses to the previously served discovery within twenty (20) days following the issuance of the Order. Respectfully submitted, McKissock & Hoffman, P.C. By ~~~";re Supreme Court I.D. No.: 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Date: ~.7 -4:. 7- Attorneys for Defendants, Sarah A. Todd Memorial Home tJd/b/a the Todd Home and Rehabilitation Center and United Church of Christ Homes, Inc. tJd/b/a Sarah A. Todd Memorial Home , """--,--,--,.,,, ~, - ",- - ,~, - ~", - - '-.f' .u, - " - "-, - -~ I" . I ~_, "'or.'''''",,.," . ,_._ ''___- .. Exhibit "A" -,~-~ - ". "'1'" .- "'<," . -.3. ."~," - "~-!' ",~-~.", , --~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA H. MARGUERITE WILLIAMS Plaintiff NO. 2000-2179 (Civil term) v. CIVIL ACTION - LAW SARAH A TODD MEMORIAL HOME Vd/b/a THE TODD HOME AND REHABILITATION CENTER AND UNITED CHURCH OF CHRIST HOMES, INC., Vd/b/a SARAH A TODD MEMORIAL HOME .. Defendants JURY TRIAL DEMANDED DEFENDANT, SARAH TODD MEMORIAL HOME Udlb/a THE TODD HOME AND REHABILITATION CENTER AND UNITED CHURCH OF CHRIST HOMES, INC. Ud/b/a SARAH A. TODD MEMORIAL HOME'S SECOND SET OF REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF. H. MARGUERITE WILLIAMS TO: H. Marguerite Williams c/o Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013-3093 Pursuant to Pennsylvania Rule of Civil Procedure 4009, Defendant hereby requests that Plaintiff produce and permit Defendant and/or its counsel to inspect and copy, within 30 days after service hereof, at the office of McKISSOCK & HOFFMAN, P.C., 2040 Unglestown Road, Suite 302, Harrisburg, Pennsylvania 17110, the documents requested herein. '-"""'''~ , ~, . ~, DEFINITIONS I. As used herein, the word "Plaintiff", "you' or .your" refers to Plaintiff, H. Marguerite Williams as syntax may indicate, her agents, representatives, attorneys and all other persons acting or purporting to act on behalf of her. II. All references in this Request For Production Of Documents to "document" will include the plural and shall mean, without limitation unless otherwise indicated, the original and each copy of each and any writing, evidence of indebtness, memorandum, 'I letter, correspondence, telegram, note, minute, contract, check, statement, agreement, inter-office communication, bulletin, circular, procedure, pamphlet, photograph, study, notice, summary, invoice, diagram, plan, drawing, diary, record or note of telephone conversation, chart, schedule, entry, print, representation, record, compulation of data, report of tangible item or thing of written, readable, graphic, audible, or visual material, of any kind or character, whether handwritten, typed, xeroxed, photostated, printed, dupliCClted, reproduced, recorded, photographed, copied, microfilmed, microcarded, or transcribed by any means, or otherwise subject to translation into useable form, including, without limitation, each interim as well final draft and each revision which is in the possession or subject to the control of you or your present or former agents, employees or representatives, including counsel and including any related corporations. III. Whenever in this Request For Production Of Documents there is a request to identify a document, state: (a) the type of document (e.g. letter, report, memorandum, etc.); (b) setforth its date; ,-~ = , '. . (c) identity the signer or signers and the addressee or addressees; (d) set forth the title, heading or other designation, numerical or otherwise, of the document; (e) identify the person (or, if widely distributed, set forth the organization or classes of persons) to whom the document was sent; and (f) set forth the present and/or last known locations of the document( s) and of each copy thereof having notations or marking unique to such copying. " IV. All references to "Marguerite Williams out-of-pocket expenses' refer to the recapitulation of alleged expenses submitted with Plaintiff's Counsel's correspondence dated July 10, 2001. INSTRUCTIONS J. In answering these Requests For Production Of Documents, you shall furnish all information available to you at the time of answering, including information in the possession of your agents. These Requests are continuing in nature, and as such, you shall supplement your answers in accordance with the Pennsylvania Rules Of Civil Procedure. II. If you claim, in your answers to these Requests For Production Of Documents that any requested fact, document, or other information is "Privileged" and not subject to any discovery, you shall so state and, in addition, state every fact supporting your claim that such fact, document or other information is "privileged" and with respect to any document, you shall identify the document by stating the date and subject matter of "''"''!!l'F - - ~ . , ~ the document, the name of the person who prepared the document and the name of the person for whom the document was intended. THE DOCUMENTS REQUESTED ARE AS FOLLOWS: 1. Please provide any and all information, admission records, contracts, rental agreements, cancelled checks and all other records relating to the residence of Marguerite Williams at Country Meadows Assisted Living facility as referred to in Marguerite Williams " Out-of-Pocket Expenses. 2. Please provide any and all information supporting the expenses from the Health South Physical Therapy referred to in Marguerite Williams Out-of-Pocket Expenses. 3. Please provide any and all information, admission records, contacts, rental agreements, cancelled checks, and all other documents supporting the expenses from the Messiah Village Nursing Home referred to in Marguerite Williams Out-of-Pocket Expenses. ~ , 4. Please provide any and all information, cancelled checks, receipts supporting the pharmacy expenses referred to in Marguerite Williams Out-of-Pocket Expenses. 5. Please provide any and all information supporting the expenses from the Zeigler Moving and Storage facility referred to in Marguerite Williams Out-of-Pocket "i Expenses. Respectfully submitted, McKISSOCK & HOFFMAN, P.C. BY: Edwin AD. Sch ,squire Supreme Court I.D. No. 75902 2040 Unglestown Road Suite 302 Harrisburg, PA 17110 Telephone: (717) 540-3400 Dated: ;;z....("'o - 0/ Attorneys for Defendant, Sarah A Todd Memorial Home ~1, , , ~ . CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Request for Production of Documents (First Set) 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, first-class postage prepaid, addressed as follows: Thomas J. Williams, Esqui~ 10 East High Street Carlisle, PA 17013-3093 McKissock & Hoffman, P.C. BY:~ Edwin AD. Sch Esquire Supreme Court J.D. No. 75902 2040 Unglestown Road Suite 302 Harrisburg, PA 17110 Telephone: (717) 540-3400 Attorneys for Defendants, Sarah A Todd Memorial Home Dated: 7-":<0 -0/ ''''1t'J~ , ,- ,-,- , .- " Exhibit "8" ,;'-'"-Y_~~"-'7._.=<~,,,_,"~",-_c -~ ""i'(,~-,_ _ .-.",., "-~___"~ ._?,U,._ ," -- '. --,:>,..",- - -,~-_ _ ''-> >__~'C c_ "< "__'._ /. McKISSaCK & HOFFMAN A PROFESSIONALCORPORAll0N ATTORNEYS AT LAW 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 1700 MARKET STREET SUITE 3000 PHILAJ)LEPHIA.PA 19103 (215)246-2100 FAX: (215) 246-2144 PHONE: (717) 540-3400 FAX: (717) 540-3434 16 NORTH FRANICLIN STREET SUITE 300 OOYLESTOWN, PA 18901 (215)345-4501 FAX: (215) 34S-4503 WWW.MCKHOF.COM EDWIN A. D. SCHWARTZ DirmDial717fS40-3400Bxt24 cschwartz@n1ckbo(com 2S CHESTNUT STRBBT SUITE '08 HADDONFIBLD, NJ 08133 (856)429-7200 FAX: (856) 429-0099 August29,2001 lOSE. EVANSSTREBT, SUITED P.O. BOX 3086 WEST CHESTER, PA 19381 (610)738.8850 FAX: (610) 738-9121 Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013-3093 " RE: Williams v. Sarah A. Todd Memorial Home Date of Loss: April 25, 1999 Our File No: 300-182 Dear Mr. Williams: The purpose of this correspondence is simply to ascertain the status of your client's response to the discovery requests which were served upon you on or about July 20, 2001. As you may recall, I served Defendant's Second Request for Production of Documents upon you seeking documentation to substantiate the claims as set forth in your client's Supplemental Demand letter. I would appreciate if you would please contact me with respect to information as to when I may anticipate receipt of your client's responses to the outstanding discovery. Please accept my thanks for your anticipated cooperation in this matter. Sincerely, ~~~ Edwin A.D. Schwa, squire McKissock & Hoffman, P.C. EAS:mjh . <.1<.~" " >.'i-"~""_' ~"" .;--'" - .. ,~''-~ , Exhibit "C" ~, ,r. - ^ - "'~'~ < ,.~~ ." ~--,,,. '" <". fl /~ ./ McKISSaCK & HOFFMAN A PROFESSIONAL CORPORATION ATIORNEYSATLAW 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 1700 MARKET STREET SUITE 3000 PlDLADLBPHIA, PA 19103 (215)246-2100 FAX: (21S) 246-2144 PHONE, (717) 540.3400 FAX, (717) 540.3434 16 NORTH FRANKLIN STREET SUITE 300 DOYLBSTOWN,PA 18901 (215)345-4501 FAX: (21S) 345-4503 WWW.MCKHOf.CQM EDWIN A. D. SCHWARTZ Direct Dial 7171 540-3400 Bxt 24 cschwart7@ndd1oEcom '~-~ 25 CHESTNUT STREET SUITE 108 HADDONFIEID, NJ 08133 (856) 429-7200 FAX: (856) 429-0099 October 23,2001 Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013-3093 IOS E. EVANS STREET, SUITE D P.O. BOX3086 WESTCHESTBR,PA 19381 (610)738-8850 FAX: (610) 738-9121 RE: Williams v. Sarah A. Todd Memorial Home Date of toss: April 25, 1999 Our File No: 300-182 Dear Mr. Williams: It has been quite some time since I have heard anything relative to the above- referenced matter. I was curious as to what your client's position is relative to this matter. I would appreciate if you would please contact me with respect to your client's position so that we may discuss the alternatives to either to resolve this matter or move forward in having it listed for disposition before the Court. I look forward to hearing from you shortly. Sincerely, ~~- Edwin A.D. &:h , squire McKissock & Hoffman, P.C. EAS:mjh "-' . , Exhibit "0" K',,> ." - . '--".~,_ '_"'~_-_,_,"'5-~\~'",--7" T-O' ',--'," ~,-- -~ '''.,-,''~'. .,-' . - ~ ~" ,'"-.''' ".,--, -~--- --, '-"" - - ~ - McKIsSOCK & HOFFMAN A PROFESSIONAL CORPORATION AITORNEYS AT LAW 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 1700 MARKET STREET SUITE ]000 PIULADLEPHlA, FA 19103 (215)246-2100 FAX: (215)246-2144 PHONE: (717) 540-3400 FAX: (717) 540-3434 16 NORTH FRANKLIN STREET SUITE 300 DOYLESTOWN,PA 18901 (215)345-4501 FAX: (21S) 345-4503 WWW.MCXHOF.COM EDWIN A D. SCHWARTZ PirectDial717/S40-3400Bxt24 cschwartz@mckhof.com December 12, 2001 25 CHESTNUT STREET SUITE 108 HADDONFlELD, NI OSl33 (856)429-7200 FAX; (856) 429-0099 Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013-3093 105 E. EVANS STREET, SUITE D P.O. BOX 3086 WESTCHBSTER,PA 19381 (610)738-8850 FAX: (610)738-9121 RE: Williams v. Sarah A. Todd Memorial Home Date of..L.oss: April 25, 1999 Our File No: 300-182 Dear Mr. Williams: It has been quite some time since I have heard anything relative to the above- referenced matter. It is my understanding that you would be providing a reasonable demand in this case and as such, anticipated the receipt of the same. To date, I have not received a reasonable demand in this matter and as such, simply wish to inquire as to your client's intention in this case. If you client does not wish to issue a reasonable demand, I would suggest that we proceed in continuing with our discovery efforts and see that this matter is listed for trial as soon as possible. I look forward to hearing from you shortly. Sincerely. ~f~ Edwin AD. ~. Esquire McKissock & Hoffman, P.C. EAS:mjh cc: Edward Kaiser CNA Claim #: HM024084QM ;-~Jif_ " >"'" , ~, . ,'~ . Exhibit "E" ~e,' __.,0 '. ,_ ."Y'.,-"F _" ,'C'- -._ - .. .,.- ~-- " , '. ~'_ _ .,.c ,~, McKIssaCK & HOFFMAN A PROFESSIONAL CORPORATION ATIORNEYS AT LAW 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, P A 17110 1700 MARKET STREET SUITE 3000 PIDLADLBPHlA, PA 19103 (215)246-2100 FAX: (21S) 246-2144 PHONE: (717) 540-3400 FAX: (717) 540-3434 \6 NORTH FRANKLIN STREET SUITE 300 DOYLBSTOWN. PA 18901 (215)345-4501 FAX: (lIS) 345-4503 WWW.MCXHOF.OOM EDWIN A. D. SCHWARTZ DircctDial717lS40-3400Ext24 csdlw8lt2@mckhof.dlDl January 16, 2002 2S CHESTNUt STREET SUITE 108 HADDONFIELD, NJ 08133 (856) 429-7200 FAX: (856) 429-0099 Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013-3093 lOSE. EVANS STREET, SUITE D P.Q.SOX3086 WESTCHESTBR,PA 19381 (610)138-8850 FAX: (610)738-9121 RE: Williams v. Sarah A. Todd Memorial Home Date oN...oss: April 25, 1999 Our File No: 300-182 Dear Mr. Williams: As you may recall, Defendant's Request for Production of Documents (Second Set) was served upon you in the above-referenced matter on or about July 20, 2001. Notwithstanding the passage of approximately six months since the service of such discovery request, I have not received any response from you. I would appreciate if you would please contact me relative to when you expect to be able to provide responses to the outstanding discovery. As you may further recall, on August 29, 2001, I forwarded correspondence to your attention seeking information as to the status of your client's responses to the outstanding discovery . To date, I have not had any response. to either the outstanding discovery nor my correspondence of August 29, 2001. To this end, I must only assume that your client does not intend to provide any response to the outstanding discovery and as such, please accept this correspondence as notice of my intention to present a Motion to Compel Discovery to the Court in light of your client's apparent refusal to provide discoverable information. If it becomes necessary to seek the Court's intervention in this discovery matter, I will ask the Court to impose costs and expenses associated with the filing of the Motion to Compel. I would appreciate if you would please contact me within ten (10) days of your receipt of this correspondence with information as to when I may expect to receive your client's discovery responses. "'"""l _C" -~ - ~ January 16, 2002 Page 2 Please accept my thanks for your attention and cooperation in this matter. Sincerely, ~~ Edwin AD. Schwartz, Esquire McKissock & Hoffman, P.C. EAS:mjh cc: Edward Kaiser CNA Claim #: HM024084QM 't :;"<""'\ "" I' . '.""_ ~ " "c.,." "",,"' . _ , . - -~ . - ,.,,"< Exhibit "F" ,_c_,,_... _." o. ~ -' "<__.H . McKISSaCK & HOFFMAN A PROFESSIONAL CORPORATION ATIORNEYS AT LAW 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 1700 MARKET STREET SUITE 3000 PHlLADLEPHIA, PA 19103 {2tS)246-2100 FAX: (215) 246-2144 PHONE: (717) 540-3400 FAX: (717) 540-3434 16NORTH FRANKLIN STREET SUITE 300 DOYLESTOWN, PA 18901 (215)34.5-4501 FAX: (21S) 345-4503 WWW.MCKHOP.COM EDWIN A. D. SCHWARTZ Direct Dial 7171 S40-3400 Bxt24 -''''''' February 15, 2002 2S CHESlNUT STREET SUITE 10S HADOONFIBLD, NJ 08133 (856)429-7200 FAX; (856) 429-0099 Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013-3093 IOS a. EVANS STREET, SUITE D P.O. BOX 3086 WESTCHESTER,PA 19381 (610)738-8850 FAX: (610) 738-9121 RE: Williams v. Sarah A. Todd Memorial Home Date of toss: April 25, 1999 Our File No: 300-182 Dear Mr. Williams: In response to your correspondence dated February 11, 2002, enclosed is a copy of Defendant, Sarah Todd Memorial Home's Second Request for Production of Documents to Plaintiff in the above-referenced matter. EAS:mjh Enclosure cc: Edward Kaiser (w/o encl.) CNA Claim #: HM024084QM :'-"*""1 ~~ H. I . , " ~ ," . . ^. ',;':_'_""~ 0, "'_ _'., "'~,' _ -. ,,_ ."- _ ",__c"~,_ Exhibit "G" _ ,.,______~M_' _ _ ,_,__' - - -- ~- . , . McKISSaCK & HOFFMAN A PROFESSIONAL CORPORATION ATIORNEYS AT LAW 2040 LINGLESTOWN ROAD SUITE 302 HARRISBURG, PA 17110 1700 MARKET STREET SUITE 3000 PHILADLBPHIA. PA 19103 (21')246-2100 FAX: (215)246-2144 PHONE: (717) 540.3400 FAX: (717) 540-3434 16 NORTH FRANKLIN STREET SUITE 300 DOYLESTOWN, PA 18901 (215)3454501 FAX: (21S) 345-4503 EDWIN A D. SCHWARTZ Direct Dial 7171 540-3400 Ext24 _'oom WWW.MCKHOP.COM March 21, 2002 25 CHESTNUT STREET SUITE 108 HADDONFIBlD, NJ 08133 (856)429-7200 FAX: (856) 42!M099 Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013-3093 IOS E. EVANS STREET, SUITE D P.O. BOX 3086 WESTCHBSTER,PA 19381 (610)738-8850 FAX: (610) 738-9121 RE: Williams v. Sarah A. Todd Memorial Home Date of Iooss: April 25, 1999 Our File No: 300-182 Dear Mr. Williams: As you may recall, on or about July 20, 2001, I served Defendant's Request for Production of Documents (Second Set) upon you for completion by your client. On August 29, 2001, I forwarded correspondence to you seeking information as to when I may exped: to receive your client's responses. In light of the fad: that I had not received any responses to the outstanding discovery or to my correspondence of August 29, 2001, I forwarded another letter to your attention on January 16, 2002 asking for information as to when I may expect to receive your client's responses to the outstanding discovery. In that January 16, 2002 correspondence, I further indicated that in the event I did not receive your client's responses I would be filing the appropriate Motion to Compel with the Court. In response to my January letter, I received a letter from you dated February 11, 2002 wherein you indicated that despite a review of your file in this matter, you were unable to locate a copy of the Defendant's Request for Production (Second Set). As a result of your February 11th correspondence, on February 15, 2002 I forwarded a copy of the Request for Production of Documents (Second Set), that were provided to you in July 2001. Notwithstanding the extraordinary amount of time that has passed since the original service of Defendant's Second Set of Request for Production of Documents in this matter, I still have not received any response. I would appreciate if you would please contact me with information as to when I may expect to receive your client's responses. I am hoping to avoid the necessity in having to file a Motion to Compel in this matter, but in the event your client does not provide any responses before April 1, 2002, I will have no alternative. but to file the appropriate Motion with the Court. ":Bl~ ~_ 'A~~ . , ~ ., ,.' .. :"- March 21, 2002 Page 2 I look forward to hearing from you shortly. Sincerely, ~ Edwin A.D. , squire McKissock & Hoffman, P.C. EAS:mjh ,. .~ ~ '! .. " e CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Motion to Compel Discovery 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, first-class postage prepaid, addressed as follows: Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013-3093 By: Edwin A.D. Schw squire Supreme Ct. I.D. #: 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendants, Sarah A. Todd Memorial Home tld/b/a the Todd Home and Rehabilitation Center and United Church of Christ Homes, Inc. tld/b/a Sarah A. Todd Memorial Home Date: ~~? , I] r-,-'" .- - _~.'H ",~ {'__""C'__' -,-- ," h-' ,""",," _H___._ ~ 0 p; () c: ;?;: -n :'./) - '-' !',',. i"'T} , fn f; "-D -'i .' -~. L::; ~.. .. .c:_ , J <<, (/J c(.~ ";..e-' c-:: ~--,..-,. ::;i~l " -ri "-< . . . () ~~~ ;:..J ttj .~:~ :::J j~ -( .~:;. ~~~ 1Ill'~ ~I"...., . . FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563.7000 ATTORNEY FOR PLAINTIFF ASSOCIATES CONSUMER DISCOUNT COMPANY : CUMBERLAND County : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 2000 02907 ROBERT L. ROBINSON, JR., A1K1A ROBERT ROBINSON CAROL J. ROBINSON, A1K1A CAROL ROBINSON Defendant(s) PRAECIPE TO VACATE JUDGMENT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly vacate the Judgment which was entered on 9/12/00 against ROBERT L. ROBINSON, JR., A1K1A ROBERT ROBINSON and CAROL J. ROBINSON, A1K1A CAROL ROBINSON, Defendants, in the amount of $$84,870.93 relative to the instant matter, without prejudice, upon payment of your costs only. .~~UMI'G/i^ F NK FED. RMAN, ESQUIRI= Attorney for Plaintiff Dated: 8/7/02 ~~.T ~, " -., iIlIlIlWI!llIIlf!iIJI';1\1\"l~IFJlf!I!"~~~.I~lJll!llflII~I!"~I~llI!jll~lI!"!J~~:~~ ~ 0 0 ~-_. c: N - r-- f ~ en .--\ ..~ ~ "'0 OJ ,., ~..~ ~gj -0 N l' lu ~~. .t:"" .0 - 0:) '" .. !<G i!:B ~ "'" ~. ~Q ::;:: (-) ~"~ ~ g =() ~ C5 J;> c: ..~ :;z; ;:- ~ =< f'" 1'!!~~~~'~"1H!~!~ii~~~I!I!!t-f~I!!"f~!III!!!~!'IlIll1'!1,~-,- ~5'i~~\IF!l': _~~~~~~~WHi'~~'~''''_'lif~OO~!Ij!!lI1I'Jf!t!t''-fffi~lli~~1lPI ",~~_,~~J