HomeMy WebLinkAbout02-5494ROBERT J. WORMSER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND ~OUNTY, PENNSYLVANIA
NO. CIVIL TERM
CUMBERLAND VALLEY :
SCHOOL DISTRICT, :
DOROTHY WORMSER,
JOSE MONTANER, M.D.,
PINNACLE HEALTH
BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASI-I,i
And REIGLER SHIENVOLD : CIVIL ACTION - LAW
And ASSOCIATES,
Defendants
PREACIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Kindly issue a writ of summons in the above-captioned action.
ROBERT J. ~ORMSER
ROBERT J. WORMSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. CIVIL TERM
CUMBERLAND VALLEY
SCHOOL DISTRICT,
DOROTHY WORMSER,
JOSE MONTANER, M.D.,
PINNACLE HEALTH
BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASH,:
And REIGLER SHIENVOLD : CIVIL ACTION - LAW
And ASSOCIATES,
Defendants
TO:
PRAECIPE FOR WRIT OF SUMMONS
Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg, PA 17050
You are hereby notified that Robert J. Wormser has commenced an action against
you.
Prothonotary
ROBERT J. WORMSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
: NO. CIVIL TERM
CUMBERLAND VALLEY
SCHOOL DISTRICT,
DOROTHY WORMSER,
JOSE MONTANER, M.D.,
PINNACLE HEALTH
BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASH,i
And REIGLER SHIENVOLD .' CIVIL ACTION - LAW
And ASSOCIATES,
Defendants
TO:
pRAECIPE FOR WRIT OF SUMMONS
Dorothy Wormser
369 Park Avenue
New Cumberland, PA 17070
You are hereby notified that Robert J. Wormser has commenced an action against
you.
Prothonotary
ROBERT J. WORMSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. CIVIL TE1LM
V. .'
CUMBERLAND VALLEY :
SCHOOL DISTRICT,
DOROTHY WORMSER,
JOSE MONTANER, M.D.,
PINNACLE HEALTH
BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASH,i
And REIGLER SI4~.NVOLD : CIVIL ACTION - LAW
And ASSOCIATES, :
TO:
PRAECIPE FOR WRIT OF SUM'MON$
Jose Montaner, M.D.
307 S. Front Street
Harrisburg, PA 17101
You are hereby notified that Robert J. Wormser has commenced an action against
you.
prothonotary
ROBERT J. WORMSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. CIVIL TERM
CUMBERLAND VALLEY :
SCHOOL DISTRICT,
DOROTHY WORMSER,
JOSE MONTANER, M.D.,
PINNACLE HEALTH :
BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASH,:
And REIGLER SHIENVOLD : CIVIL ACTION- LAW
And ASSOCIATES, :
TO:
PRAECIPE FOR WRIT OF SUMMONS
Pinnacle Health Behavioral Services
307 S. Front Street
Harrisburg, PA 17101
You are hereby notified that Robert J. Wormser has commenced an action against
you.
Prothonotary
ROBERT J. WORMSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERI_AND COUNTY, PENNSYLVANIA
: NO. CIVIL TERM
CUMBERLAND VALLEY :
SCHOOL DISTRICT,
DOROTHY WORMSER,
JOSE MONTANER, M.D.,
PINNACLE HEALTH :
BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASH,}
And REIGLER SHI~.NVOLD : CIVIL ACTION - LAW
And ASSOCIATES,
Defendants :
TO:
PRAECIPE FOR WRIT OF SUMMONS
Belinda Eash
2151 Linglestown Road
Harrisburg, PA 17110
You are hereby notified that Robert J. Wormser has commenced an action against
you.
Prothonotary
ROBERT J. WORMSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. CIVIL TERM
CUMBERLAND VALLEY
SCHOOL DISTRICT, :
DOROTHY WORMSER,
JOSE MONTANER, M.D., :
PINNACLE HEALTH
BEHAVIORAL SERVICES, :
BELINDA EASH, JAMES EASH,:
And REIGLER SHIENVOLD : CIVIL ACTION - LAW
And ASSOCIATES, :
Defendants
TO:
PRAECIPE FOR WRIT OF SUMMONS
James Eash
2151 Linglestown Road
Harrisburg, PA 17110
You are hereby notified that Robert J. Wormser has commenced an action against
you.
Prothonotary
ROBERT J. WORMSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. CIVIL TERM
V. :
CUMBERLAND VALLEY
SCHOOL DISTRICT,
DOROTHY WORMSER, :
JOSE MONTANER, M.D.,
PINNACLE HEALTH :
BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASH,:
And REIGLER SHIENVOLD : CIVIL ACTION - LAW
And ASSOCIATES, :
TO:
PRAECIPE FOR WRIT OF SUMMONS
Reigler Shienvold and Associates
2151 Linglestown Road
Harrisburg, PA 17110
You are hereby notified that Robert J. Wormser has commenced an action against
you.
Prothonotary
Commonwealth of Pennsylvania
County of Cumberland
Robert J. Wormser
Cumberland Valley school District
6746 Carlisle Pike
Mechanicsburg PA 17050
Dorothy Wormser 369 Park Ave.
New Cumberland PA 17070
Jose Montaner, M.D.
Pinnacle Health Behavioral Services
307 S. Front St.
Harrisburg PA 17101
Belinda Fash
James Fasb
Reigler Shienvold and Associates
2151 Linglestown Rd.
Harrisburg PA 17110
Court of Conwnon Pleas
02-5494 civil .... 19
civil Action - Law
Cumberland Valley School District: Dorothy Wormser:
D.: Pinnacle Health Be_h__a_v__i_oral Services: Belinda
Monta~r_,___M__- .......... .---~ .....~-c~-i~2-~-~- and Associates:
James Fash: and Rel§±er Dni~Lvu~
You are hereby notified that
Robert J- Wormser
Jose
Fasb:
Summons - civil Action - Law ...........
dae Plaintiff ha s commenced an action in ..............................................
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
November 13, 2002 19 ....
Date ..............................
CURTIS R. LONG ............
.... prothonotary
By ...........
MICHAEL M. BADOWSKI, ESQUIRE
Pa. Supreme Court I.D. No. 32646
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, Pennsylvania 17011
Telephone= [717] 975-8114
Fax: [717] 975-8124
E-Mail: mbadowski®margolisedelstein.com
Attorney for Defendants:
JOSE MONTANER, M.D., AND
PINNACLE HEALTH BEHAVIORAL SERVICES
ROBERT J. WORMSER,
PLAINTIFF,
VS.
CUMBERLAND VALLEY SCHOOL
DISTRICT; DOROTHY WORMSER;
JOSE MONTANER, M.D.;
PINNACLE HEALTH BEHAVIORAL
SERVICES; BELINDA FASH;
JAMES FASH; AND REIGLER
SHIENVOLD AND ASSOCIATES,
DEFENDANTS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
DOCKET ~). 02-5494-CIVIL
JURY TRIAL DEMANDED
PRA~CIPE FOR RULE TO F?r.m COMPLAINT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Please issue Rule upon Plaintiffs to.file a Complaint within
twenty (20) days from service hereof or suffe~~os/,
Date: /~//~,~/~-~ By: ~/~i ~~
~MI~HA~L ~. %DOWSKI
Attorney fo Defendants,
JOSE MONT~R, M.D., AND
PINNACLE HEALTH BEHAVIORAL
SERVICES
TO THE PLAINTIFF:
RULE
You are hereby ordered and directed to file your Complaint
against the Defendant in the above-captioned matter within twenty (20)
days of service of this Rule against you or suffer judgment no~7pros.
Dated: ~C_ ~: ~Qdb~ _~'~~3 ~ ~o,~,-
Prothonotaryu
MICHAEL M. BADOWSKI, ESQUIRE
Pa. Supreme Court I.D. No. 32646
MAR~OLIS EDELSTEIN
3510 Trindle Road
Camp Hill, Pennsylvania 17011
Telephone .-
Fax:
E-Mail:
[717] 975-8114
[717] 975-8124
mbadowski~nargolisedelstein.com
Attorney for Defendants:
JOSE MONTANER, M.D., AND
PINNACLE HEALTH BEHAVIORAL SERVICES
ROBERT J. WORMSER,
PLAINTIFF,
VS.
CUMBERLAND VALLEY SCHOOL
DISTRICT; DOROTHY WORMSER;
JOSE MONTANER, M.D.;
PINNACLE HEALTH BEHAVIORAL
SERVICES; BELINDA FASH;
JAMES FASH; AND REIGLER
SHIENVOLD ~ ASSOCIATES,
DEFENDANTS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND cOUNTy, PENNA.
CIVIL ACTION - LAW
DOCKET NO. 02-5494-CIVIL
JURY TRIAL DEMANDED
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Kindly enter my appearance on behalf of Defendants,
JOSE MONTANER, M.D., AND PINNACLE HEALTH BE]~AVIORAL SERVICES, in
the above-captioned matter.
Date:
MARG E LSTEIN
By:
Attorney for Defendants,
JOSE MOI~.~ANER, M.D., AND
PINNACLE HEALTH BEHAVIORAL
SERVICES
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy
of the foregoing on all counsel of record by placing the same in
the United States mail at Camp Hill, Pennsylvania, first-class
postage prepaid, on the ~/~-day of ~~ , 2002, and
addressed as follows:
Robert J. Wormser
107 East Portland Street
P.O. Box 1164
Mechanicsburg, PA 17055
(Pro Se Plaintiff)
Dorothy Wormser
369 Park Avenue
New Cumberland, PA 17070
(Defendant)
James Fash
(No address given)
(Defendant)
Cumberland. Valley School
District
6746 Carlisle Pike
Mechanicsburg, PA 17050
(Defendant)
Belinda Fash
(NO address given)
(Defendant)
Reigler Shienvold and
Associates
2151 Linglestown Road
Harrisburg, PA 17110
(Defendant)
MARGOLIS EDELSTEIN
S~cretary
MICHAEL M. BADOWSKI, ESQUIRE
Pa. Supreme Court I.D. No. 32646
MAR~OLIS EDELSTEIN
3510 Trindle Road
Camp Hill, Pennsylvania 17011
Telephone:
Fax:
E-Mai i ..
[717] 975-8114
[717] 975-8124
mbadowski~margolisedelstetn.com
Attorney for Defendants:
JOSE MONTANER, M.D., AND
PINNACLE HEALTH BEHAVIORAL SERVICES
ROBERT J. WORMSER,
PLAINTIFF,
VS.
CUMBERLAND VALLEY SCHOOL
DISTRICT; DOROTHY WORMSER;
JOSE MONTANER, M.D.;
PINNACLE HEALTH BEHAVIORAL
SERVICES; BELINDA FASH;
JAMES FASH; AND REIGLER
SHIENVOLD AND ASSOCIATES,
DEFENDANTS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
DOCKET NO. 02-S494-CIVIL
JURY TRIAL DEMANDED
P RAE C I P E
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Kindly file of record the attached Certificate of
Service of the RULE TO FILE COMPLAINT which was entered on
December 4, 2002, and served on the date reflected in the
attached Certificate of Service.
Attorney for Defendant~
~OSE ~O~'~-~R~ ~.D.~
PINNACLE HEALTH BEHAVIORAL
SERVICES
CERTIFICATE OF SERVICe:
I HEREBY CERTIFY that I served a true and correct copy
of the RULE TO FILE COMPLAINT entered by the Cumberland County
Prothonotary in the foregoing action on December 4, 2002, upon
all parties of record or their counsel whose addresses have been
provided by placing the same in the United States mail at_Camp
Hill, Pennsylvania, first-class postage prepaid, on the 0~G~
day of ~t~ek~t~/~j, 2002, and addressed as follows:
Robert J. Wormser
107 East Portland Street
P.O. Box 1164
Mechanicsburg, PA 17055
(Pro Se Plaintiff)
Dorothy Wormser
369 Park Avenue
New Cumberland, PA 17070
(Defendant)
James Fash
(No address given)
(Defendant)
Cumberland Valley School
District
6746 Carlisle Pike
Mechanicsburg, PA 17050
(Defendant)
Belinda Fash
(No address given)
(Defendant)
Reigler Shienvold and
Associates
2151 Linglestown Road
Harrisburg, PA 17110
(Defendant)
MARGOLIS EDELSTEIN
~ecretary
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy
of the foregoing on those entities or their counsel for whom
addresses have been provided by placing the same in the United
States mail at Camp Hill, Pennsylvania, first-class postage
prepaid, on the day of 2002, and
addressed as follows:
Robert J. Wormser
107 East Portland Street
P.O. Box 1164
Mechanicsburg, PA 17055
(Pro Se Plaintiff)
Dorothy Wormser
369 Park Avenue
New Cumberland, PA 17070
(Defendant)
James Fash
(NO address given)
(Defendant)
Cumberland Valley School
District
6746 Carlisle Pike
Mechanicsburg, PA 17050
(Defendant)
Belinda Fash
(No address given)
(Defendant)
Reigler Shienvold and
Associates
2151 Linglestown Road
Harrisburg, PA 17110
(Defendant)
MARGOLIS EDELSTEIN
Se~etary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT J. WORMSER (pro se)
Plaintiff,
VS.
CUMBERLAND VALLEY SCHOOL DISTRICT,
DOROTHY WORMSER, JOSE MONTANER,
PINNACLE HEALTH BEHAVIORAL
SERVICES, BELINDA EASH, JAMES EASH,
AND REIGLER SHIENVOLD AND
ASSOCIATES,
Defendants.
Civil Action - Law
No. 02-5494
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1017,
TO THE PROTHONOTARY:
Kindly enter the appearance of Robert A. Lerman, Esquire, of Griffith, Strickler, Lerman,
Solymos & Calkins, as attorneys for the Defendant, Cumberland Valley School District, only in the
above-captioned matter and mark the docket accordingly.
GRIFFITH,2~RICKLER, LERMAN,
&CAt,KINS
Robert A. Lerman -
Supreme Court ID No. 07490
Attorney for the Defendant, Cumberland Valley
School District
110 South Northern Way
York, PA 17402
Telephone: (717) 757-7602
Date: December 16, 2002
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT J. WORMSER (pro se) : Civil Action - Law
Plaintiff, :
:
vs. : No. 02-5494
:
CUMBERLAND VALLEY SCHOOL DISTRICT, :
DOROTHY WORMSER, JOSE MONTANER, :
PINNACLE HEALTH BEHAVIORAL :
SERVICES, BELINDA EASH, JAMES EASH, :
AND REIGLER SHIENVOLD AND :
ASSOCIATES, :
Defendants. :
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 16th day of December, 2002, I, Robert A. Lerman, a member of the firm of
GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a
copy of the Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney of
record as follows:
Robert J. Wormser, pro se
107 E. Portland Street
Mechanicsburg, PA 17055
Michael M. Badowsky, Esquire
3510 Trindle Road
Camp Hill, PA 17011
(counsel for Jose Montaner, M.D. and Pinnacle
Health Behavioral Services)
Luther E. Milspaw, Jr., Esquire
Milspaw & Beshore
130 State Street
Harrisburg, PA 17101
(counsel for Dorothy Wormser)
Belinda Eash
2151 Linglestown Road
Harrisburg, PA 17110
James Eash
2151 Linglestown Road
Harrisburg, PA 17110
Reigler Shienvold and Associates
2151 Linglestown Road
Harrisburg, PA 17110
GRIF¢, STRICKLE~, LERNAAN'
//SOLYMOS & qALKI~ 'J ~
Supreme Court ID No. 07490
Attorney for Defendant, Cumberland Valley
School District
110 S. Northern Way
York, PA 17402
(717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT J. WORMSER (pro se)
Plaintiff,
VS.
CUMBERLAND VALLEY SCHOOL DISTRICT,
DOROTHY WORMSER, JOSE MONTANER,
PINNACLE HEALTH BEHAVIORAL
SERVICES, BELINDA EASH, JAMES EASH,
AND REIGLER SHIENVOLD AND
ASSOCIATES,
Defendants.
Civil Action - Law
No. 02-5494
JURY TRIAL DEMANDED
PRAECIPE
Dated:
TO THE PROTHONOTARY:
Please enter a Rule upon Plaintiff, Robert J. Wormser, to file a Complaint within twenty
(20) days from the date of the service of this Rule or suffer Judgment non-pros.
GRIFFiTit~ ,/fq~RICKLER, LERMAN,
SO~;TMOS & cALI~INS
BY ,~f ~-~bl~4~
Supreme Court ID No. 07490
Attorney for Defendant, Cumberland Valley
School District
110 South Northern Way
York, PA 17402
Telephone: (717) 757-7602
,2002, RULE ISSUED AS A~
~bTHONOTARY ~
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-05494 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WORMSER ROBERT J
VS
CUMBERLAND VALLEY SCHOOL DIST
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-05494 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WORMSER ROBERT J
VS
CUMBERLAND VALLEY SCHOOL DIST
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
MONTANER JOSE MD
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On December 10th , 2002 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin Co
6.00
9.00
10.00
53.25
.00
78.25
12/ 0/2002
ROBERT J WORMSER
Sheriff of Cumberland County
Sworn and subscribed to before me
this /~[~ day of ~u~
~ ~?~2 A.D.
~ J Pro~b~t a~y -
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-05494 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WORMSER ROBERT J
VS
CUMBERLAND VALLEY SCHOOL DIST
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
PINNACLE HEALTH BEHAVIOP~AL SERVICES
but was unable to locate Them
deputized the sheriff of DAUPHIN
serve the within WRIT OF SUMMONS
in his bailiwick. He therefore
County, Pennsylvania, to
On December 10th , 2002 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
12/10/2002
ROBERT WORMSER
Sheriff of Cumberland County
Sworn and subscribed to before me
this /[ ~ day of ~~
Prot honot ~z~y,
SHERIFF'S RETURN - OUT OF COUNTY
~ASE NO: 2002-05494 p
COMMONWEALTH OF PENNSYLV~2qIA:
COUNTy OF CUMBERLAND
WORMSER ROBERT J
VS
CUMBERLAND VALLEY SCHOOL DIST
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
FASH BELINDA
but was unable to locate Her
deputized the sheriff of DAUPHIN
serve the within WRIT OF SUMMONS
in his bailiwick. He therefore
County, Pennsylvania, to
On December 10t~h , 2002 , this office wa~ in receipt~-
~ of
attached return from DAUPHIN
Sheriff.s Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
12/10/2002
ROBERT WORMSER
Sworn and subscribed to before me
this _~ day of
~ A.D.
~rothono~ary'~ / -
Sheriff of Cumberland County
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-05494 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WORMSER ROBERT J
VS
CUMBERLAND VALLEY SCHOOL DIST
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
FASH JAMES
but was unable to locate Him
deputized the sheriff of DAUPHIN
serve the within WRIT OF SUMMONS
in his bailiwick. He therefore
On December
County, Pennsylvania, to
10th , 2002 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
12/ 0/2002
ROBERT WORMSER
t~. -Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this /[~ day of ~
~02~ A.D.
! ~ Prothonotary
SHERIFF'S RETURN - REGULAR
C~SE NO: 2002-05494 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WORMSER ROBERT J
VS
CUMBERLAND VALLEY SCHOOL DIST
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
CUMBERLAND VALLEY SCHOOL DISTRICT the
DEFENDANT
at 6746 CARLISLE PIKE
, at 1014:00 HOURS, on the 18th day of November , 2002
MECHANICSBURG, PA 17050
BETTY J HECKERT
a true and attested copy of WRIT OF SUMMONS
by handing to
EXECUTIVE SECRETARY
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 5.52
Affidavit .00
Surcharge 10.00
.00
33.52
Sworn and Subscribed to before
me this I? - day of
~t~rothonot ary
So Answers:
Thomas Kline
12/10/2002
ROBERT J WORMER
' DepUty
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05494 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WORMSER ROBERT J
VS
CUMBERLAND VALLEY SCHOOL DIST
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
WORMSER DOROTHY the
DEFENDANT
, at 1839:00 HOURS, on the 21st day of November , 2002
at 369 PARK AVENUE
NEW CUMBERLAND, AP 17070
by handing to
DOROTHY WORMSER
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 6.00
Service 12.42
Affidavit .00
Surcharge 10.00
.00
28.42
Sworn and Subscribed to before
me this /£~2 day of
~-~e~/~,~, ~ .2/~ A.D.
/ /-Pr~[honotar[z
So Answers:
R. Thomas Kline
12/10/2002
ROBERT J WORMSER
Deputy Sheriff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
: WORMSER ROBERT J
vs
: FASH BELINDA
Sheriff's Return
No. 2625-T - -2002
OTHER COUNTY NO. 02 5494civil
AND NOW:November 22, 2002
WRIT OF SUMMONS
MONTANER JOSE MD
to PHYLLUS PLANK (RISK MANGEMENT)
at 10:30AMserved the within
upon
by personally handing
1 true attested copy(les)
of the original WRIT OF SUMMONS and making known
to him/her the contents thereof at 307 S FRONT STREET
HARRISBURG, PA 17101-0000
Sworn and subscribed to
before me this 3RD day of DECEMBER, 2002
PROTHO~OT~y
SO Answers,
Sheriff of Dauphin County, Pa.
Deputy Sherifff
Sheriff's Costs: $53.25 PD 11/19/2002
RCPT NO 172046
HOPKINS
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
: WORMSER ROBERT J
us
: FASH BELINDA
Sheriff's Return
No. 2625-T -2002
OTHER COUNTY NO. 02 5494civil
AND NOW:November 22, 2002 at 10:30AMserved the within
WRIT OF SUMMONS upon
PINNACLE HEALTH BEHAVIORAL SERVICES by personally handing
to PHYLLUS PLANK (RISK MANAGEMENT SPECIALIS 1 true attested copy(ies)
of the original WRIT OF SUMMONS and making known
to him/her the contents thereof at 307 S FRONT STREET
HARRISBURG, PA 17101-0000
Sworn and subscribed to
before me this 3RD da~ DECEMBER, 2002
PROTHONOTARY
So Answers,
Sheriff of Dauphin County, Pa.
Deputy Sfie~ff~ ' -'
Sheriff's Costs: $53.25 PD 11/19/2002
RCPT NO 172046
HOPKINS
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
: WORMSER ROBERT J
us
: FASH BELINDA
Sheriff's Return
No. 2625-T -2002
OTHER COUNTY NO. 02 5494civil
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for FASH BELINDA
the DEFENDANT named in the within WRIT OF SUMMONS
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOU~-D, November 22, 2002
THERE ARE NO PERSONS WITH THAT NAME AT THIS ADDRESS
Sworn and subscribed to So Answers,
before me this 3RD day of DECEMBER, 2002 ~J~/~
?~-~ ! ~ ~? Sheriff of Dauphin County, Pa.
PROTHONOTARY By
Sheriff's Costs: $53.25 PD 11/19/2002
RCPT NO 172046
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsy~ania : WORMSER ROBERT G
us
Coun~ of Dauph~ : FASH BELINDA
Sheriff's Return
No. 2625-T - -2002
OTHER COUNTY NO. 02 5494civil
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for FASH JAMES
the DEFENDANT named in the within WRIT OF SUMMONS
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUleD, November 22, 2002
THERE ARE NO PERSONS BY THAT NAME AT THIS ADDRESS.
So Answers
Swor.n and/subscribed to -i~ --
before me ~h~ 3RD~ day of DECE~ERt 2002
% ~'/~Sheriff of Dauphin Co~ty, Pa.
PROTHONOTARY
By
Deputy Sheriff
Sheriff's Costs: $53.25 PD 11/19/2002
RCPT NO 172046
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
: WORMSER ROBERT J
vs
: FASH BELINDA
Sheriff's Return
AND NOW:November 20,
WRIT OF SLIMMONS
REIGLER SHIENVOLD & ASSOCIATES
to DR SHEIRVOLD (OWNER)
No. 2625-T - -2002
OTHER COUNTY NO. 02 5494civil
2002 at l:07PMserved the within
upon
by personally handing
1 true attested copy(les)
of the original WRIT OF SUMMONS and making known
to him/her the contents thereof at 2151 LINGLESTOWN ROAD
HARRISBURG, PA 17110-0000
Sworn and subscribed to
before me this 3RD day o~:~CEMBER, 2002
PROTHONOTARY
So Answers,
Sheriff of Dauphin County, Pa.
Deputy Sheriff
Sheriff's Costs: $53.25 PD 11/19/2002
RCPT NO 172046
WONG
Commonwealth of Pennsylvania
County of Cumberland
Robert j. Wormser
v~
Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg
Dorothy Wormser
369 Park Ave.
New Cumberland PA 17070
Jose Montaner, M.D.
Pinnacle Health Behavioral Services
307 S. Front St.
Harrisburg PA 17101
Belinda Fash
James Fash
Reigler Shienvold and Associates
2151 LInglestown Rd.
Harrisburg PA 17110
Court of Conunon Pleas
No. 02-5494 Civil
..................................... 19 ....
In Civil Action - Law
Cumberland Valley School D' . ·
Monta~r, M.D · o{ _ .. lstrlct: Doroth
.......... 2_~_e_~Qacle Health · . Y Wormser: Jose
James Fash: and R {~%~i-;~ ...... %-~gbD~ral ServIces: Belinda Fash:
,, .e~ o~lenvo±a and Associat~.
IOU are hereby no~£ied ~at --'
...................... R°ber~u~o~rmser
~e P!a,nnff has Commenced an action in ................ T_~5~ Action _ Law
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
Date
NOvember 13, 2002
CURTIS R. LONG
0
Robert j. Wormser
v.
Cumberland Valley School District
6746 Carlisle Pike
Mechanicsburg PA 17050
Dorothy Wormser
369 Park Ave.
New Cumberland PA 17070
Jose Montaner, M.D.
Pinnacle Health Behavioral Services
307 S. Front St.
Harrisburg PA 17101
Belinda Fash
James Fash
Reigler Shienvold and Associates
2151LInglestown Rd.
Harrisburg PA 17110
Commonwealth of Pennsylvania
County of Cumberland
Court Of Conunon Pleas
No. 02-5494 Civil
In Civil Action - Law
Cumberland Valley School District: Dorothy Wormser: Jose
Monta~r, M.D.: Pinnacle Health Behavioral Services:
James F~-.~--~-~--~~--~-~}~-~¥~--~-~--Associates: Belinda Fash:
You are hereby notified that
................ Robert J. Wormser
the Plaintiff has commenced an action in Summons - Civil Action - Law
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
November 13, 2002
CURTIS R. LONG
in The Court of Common Pleas of Cumberland County, Pennsylvania
Robert a. Wormser
VS,
CL~berland Valley School District et al
SERVE:
Jose Montaner MD No. 02 5494 civil
NOW, November 15, 2002 , I, SHER/FF OF CUMBERLAND COUNTY, PA, do
l~ereby deputize the Sheriff of Dauphin Courlty to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
~OW,
~ithin
A£fidav/t of Service
, 20 ., at
o'clock M. se~wed the
LlpOn
at
by handing to
a
made imown to
copy of the ori~nal
So answers,
the contents thereof.
Sworn and subscribed before
me this day of
,20
Sheriff of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
CounW, PA
In The Court of Common ?leas of Cumberland County, ?ennsylvan~
Robert d. Wormser
VS.
Ckxnberland Valley School District et al
SERVE:
Pinnacle Health Behavioral Servia. 02 5494 civil
NOW, November' 15, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
~Now,
'within
Affidavit of Service
,20 ,at
o'clock M. served the
t/pon
at
by handing to
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this day of
,20
Sheriff of
COSTS
SERVICE
M[I,EAGE
AFFIDAVIT
County, PA
The Court of Common Pleas of Cumber~an~ County, ?ennsy[van~a
Robert d. Wormser
VS.
Cumberland Valley School District et al
SE ~VE:
Belinda Fash No. 02 5494 civil
~OW, November 15, 2002
l~ereby deputize the Sheriff of Dauphin
d '
eputat~on being made at the request and risk of the Plaintiff.
if .~:~'~ ......... ~i ~?-.~.~..v~
Sheriffof Cumberland County, PA
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
County to execute this Writ, this
[~OW,
~ithin
Affidavit of Service
,20 ,at
o'clock M. served the
I/pOll
~t
by handing to
and made Imown to
copy of the ori~nal
So answers,
the contents hhereof.
Sworn and subscribed before
me this ~ day of ,20
Sheriff of County, PA
COSTS
SERViCE
MILEAGE
AFFIDAVIT
In Tl~e Court of Common ?teas of Cumberianc~'Cou~ty, ?enns34van~a
Robert g. Wo~mser
VS.
C~nberland Valley School District et al
SERVE:
Janes Fash No. 02 5494 civil
~OW, November 15, 2002
~ereby deputize the Sheriff of Dauphin
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
County to execute this Writ, this
]NOW,
within
Affidav/t of Service
,20 ,at
o'clock M. served the
LlpOn
at
by handing to
and made lmown to
copy of the ori=4nal
So answers,
fl~e contents thereof.
Sworn and subscribed before
me this ~ day of ,20
Sheriff of County, PA
COSTS
SERVICE
MILEAGE
AFFIDAVIT
The Court of Common Pleas of Cumberland County, ?ennsylvania
Robert d. Wormser
VS.
Ct~nberland Valley School District et al
SERVE:
Rei~ler Shienvold and Associate~O.~o2 _ 5494 civS]
NOW, November 15, 2002
__, I, SHERIFF OF CUMBERLAND COUNTY, PA~ do
hereby deputize the Sheriff of Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
-- ,20__ , at o'clock ~ M. stowed the
within
upon
at
by handing to
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this __ day of
__ ,20
Sheriffof
COSTS
s~vicE
MILEAGE
AFFIDAViT
County, PA
O~ =8 NY 61 AON ~0
3OI.J.:lO S..-IJI~3HS
~ £NtgOD NIHdfl¥O
ROBERT J. WORMSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-8409 CIVIL TERM
CUMBERLAND VALLEY
SCHOOL DISTRICT,
DOROTHY WORMSER,
JOSE MONTANER, M.D.,
PINNACLE HEALTH :
BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASH,:
And REIGLER SHIENVOLD : CIVIL ACTION - LAW
And ASSOCIATES,
Defendants
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 dae claims set forth against you.
You are warned that if you fail to do so the case may proceed vfithout 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 plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD OI~TE, 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
AMERICANS WITH DISABILITIES AC'T OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans With Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any heating
or business before the court. You must attend the scheduled conference or heating.
ROBERT J. WORMSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-5499 CIVIL TERM
CUMBERLAND VALLEY
SCHOOL DISTRICT,
DOROTHY WORMSER,
JOSE MONTANER, M.D., :
PINNACLE HEALTH :
BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASH,:
And REIGLER SHIENVOLD : CIVIL ACTION - LAW
And ASSOCIATES,
Defendants
COMPLAINT
AND NOW, comes the Plaintiff, Robert J. Wormser, who makes claim against
Defendants Cumberland Valley School District, Dorothy Wormser, Jose Montaner, M.D.,
Pinnacle Health Behavioral Services, Belinda Eash, James Eash, and Reigler Shienvold and
Associates, and each of them, both jointly and severally, for sums in excess of the
Cumberland County Jurisdictional amount requiring arbitration referral, upon the following
causes of action:
THE PARTIES
1. Plaintiff Robert J. Wormser is an adult individual residing at 107 East
Portland Street, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant Cumberland Valley School Distri,~, at all times material hereto,
had an office at 6746 Carlisle Pike, Mechanicsburg, Cumberland County,
Pennsylvania 17050.
o
Se
o
Defendant Dorothy Wormser is an adult individual and registered nurse duly
licensed to practice in the Commonwealth of P,ennsylvania, and resides at 369
Park Avenue, New Cumberland, Cumberland County, Pennsylvania 17070
and all times material hereto, was employed PY Pinnacle Health Systems at
their facility located at South Front Street, Harrisburg, Dauphin County,
Pennsylvania 17033.
Defendant Jose Montaner, M.D. is a physician duly licensed to practice
medicine in the Commonwealth of Pennsylwania and, at all times material
hereto, had an office for the practice of medicine at Pinnacle Health
Behavioral Services, 307 South Front Street, Harrisburg, Dauphin County,
Pennsylvania 17033.
Defendant Pinnacle Health Behavioral Services, a corporation, at all times
material hereto, had an office for the practice of medicine at 307 South Front
Street, Harrisburg, Dauphin County, Pennsylvania 17033.
Defendant Belinda Eash is a professional mental health counselor and, at all
times material hereto, had an office for practice at 2151 Linglestown Road,
Harrisburg, Dauphin County, Harrisburg, Pe~tnsylvania 17110.
Defendant James Eash is a professional mental health counselor and, at all
times material hereto, had an office for prac~tice at 2151 Linglestown Road,
Harrisburg, Dauphin County, Harrisburg, Permsylvania 17110.
Defendant Reigler Shienvold and AssociatE', is a professional organization
licensed to practice psychological counseling in the Commonwealth of
Pennsylvania and, at all times material hereto, had an office to practice at
2151 Linglestown Road, Harrisburg, Dauphin County, Harrisburg,
Pennsylvania 17110.
At all times material hereto Defendant Pinnacle Health Behavioral Services acted
by and through its agents, ostensible agents, employees, servants and/or
workman, including, but not limited to defendants.
10.
11.
12.
13.
14.
15.
FACTS COMMON TO ALL COUNTS
Paragraphs 1 through 9 are incorporated herein as if set forth in length.
At all times material hereto, Defendants held. themselves out as skillful and
competent professionals.
On or about September 2000, Plaintiff's minor son, Mark Jason Wormser,
was pulled from a scheduled class period and taken to a guidance counselor's
office allegedly to discuss a website on which he discussed suicide.
Defendant Dorothy Wormser, Mark Jason Wormser's mother, was notified
by the school and went to Cumberland Valley High School. The school did
not notify plaintiff Robert Wormser.
After meeting with Defendant Dorothy YVormser and several school
administrators, Mark Jason Wormser was forcibly removed from
Cumberland Valley High School even though he requested to be allowed to
return to class.
Plaintiff was led to believe by Defendant Dorothy Wormser that his son,
Mark Jason Wormser, would be required to have a psychological evaluation
before being allowed to return to school.
16.
17.
18.
19.
20.
21.
22.
23.
A meeting was scheduled for that same day with Defendant Belinda Eash at
which time Plaintiff was told that an evaluation was required and was
arranged to be done by Defendant Jose Montaner, M.D. at the Pinnacle
Health Behavioral Services on the following Monday.
Defendam Dr. Momaner had to reschedule tile evaluation for the following
Friday.
Plaintiff, Defendant Dorothy Wormser, Defendant Dr. Momaner, an
unnamed nurse and Mark Jason Wormser were present at the evaluation
which lasted less than one (1) hour.
After a few minutes of questioning, Dr. Montaner told Mark Wormser that
his choice was to voluntarily commit himself or to be committed by Dr.
Montaner to an institution.
Both the Plaintiff and his son were led to believe that this commitmem would
be for an indefinite period of time.
Mark Wormser agreed to daytime services to avoid full time inpatient
commitment at an institution.
Mark Wormser was committed to a daytime program through Pinnacle
Health Behavioral Services which was to include counseling, medication
regulation and continuing schoolwork.
Mark Wormser's perception of the program was that it was abusive in that he
was physically restrained.
24. Plaintiff and Defendant Dorothy Wormser w{~e told by a female counselor
employed by Pinnacle Health Behavioral Services that even though Mark
could sign himself out of the program that fact should be kept from him.
25. Mark Wormser was put of Prozac. Because the doctors and/or staff had
forgotten to increase his dosage of Prozac when it should have been, he was
made to stay in the program for an extra day.
26. The belief that the programs would be effective: kept Mends silent who noticed
his increasing depression during the course of lfis treatment.
As a further direct and proximate result of the carelessness and/or negligence of
Defendant Pinnacle Health Behavioral Services, as described in the foregoing paragraphs of
this Complaint, Plaintiff has suffered in the past, and will continue to suffer in the future,
excruciating and agonizing mental anguish.
27.
28.
29.
COUNT 1
ROBERT J. WORMSER v. CUMBERLAND VALLEY
SCHOOL DISTRICT
NEGLIGENCE
Paragraphs 1 through 26 are incorporated herein as if set forth in length.
By ejecting Mark Jason Wormscr from sci]tool without any infraction of
school rules or regulations on his part, Cumberland Valley School District
improperly denied him access to an education.., to which he was entitled.
Ejecting Mark Jason Wormser from school surrounded by several school
administrators caused him great embarrassment and public humiliation.
WHEREFORE, Plaintiff prays that this Honorable Court will find in favor of
Plaintiff and against Defendant Cumberland Valley School District in an amount in excess
of the Cumberland County Jurisdictional amount requiring arbitration referral with lawful
interest thereon and costs of suit and brings this action to recover same.
COUNT II
ROBERT J. WORMSER v. DOROTHY WORMSER
NEGLIGENCE ^ND ~ROPERLY C^RING FOR ^ MINOR CHILD
30. Paragraphs 1 through 29 are incorporated herein as if set forth in length.
31. Defendant Dorothy Wormser did improperly care for Mark Jason Wormser
in that she:
a. failed to inform Plaintiff of his drug use;
b. repeatedly delayed his going to bed so that she could continue to play
games on the computer in his room;
c. repeatedly belittled him in front of family and friends;
d. conspired with her employer, Pinnacle Health Services, to deny Mark
his legal fights to sign himself out of their program.
As a further direct and proximate result of the carelessness and/or negligence of
Defendant Pinnacle Health Behavioral Services, as described in the foregoing paragraphs of
this Complaint, Plaintiff has suffered in the past, and will continue to suffer in the future,
excruciating and agonizing mental anguish.
WHEREFORE, Plaintiff prays that this Honorable Court will find in favor of
Plaintiff and against Defendant Dorothy Wormser in an amount in excess of the
Cumberland County Jurisdictional amount requiring arbitration referral with lawful interest
thereon and costs of suit and brings this action to recover same.
32.
33.
COUNT Ill
ROBERT J. WORMSER v. JOSE MONTANER, M.D.
PROFESSIONAL NEGLIGENCE
FA1LURE TO PROPERLY SUPERVISE
Paragraphs 1 through 31 are incorporated herein as if set forth in length.
Defendant Jose Montaner, M.D. was guilty of carelessness and/or negligence
in the care and treatment of Mark Jason Worrnser both generally and in the
following particular respects:
a.
bo
Co
g°
failing to properly supervise those to whom authority was given to
determine if proper care was given to Mark Jason Wormser;
failing to properly prescribe and monitor medications given to Mark
Jason Wormser;
diagnosing without adequate evaluation;
after preliminary evaluation of Mark Jason Wormser's mental status,
failing to properly prescribe appropriate measures for his care and
treatment;
improperly delegating specific care and. treatment of him to others;
failing to properly supervise those to whom authority was give with
regard to his care and treatment;
using inadequate and inappropriate methods, techniques or
procedures;
h. failing to advise Plaintiff and his son of proposed treatment that was to
be performed on Mark Jason Wormer and failing to disclose the
significant and material risks of the recommended treatment and/or
failing to advise Plaintiff and his son of the existence of alternate
methods of treatment;
i. carelessly encouraging Mark Jason Wormser's family and friends to
rely upon treatment and to have unreasonable expectations of his
recovery; and
j. denying his rights by coercing him into an ineffective course of
treatment.
As a further direct and proximate result of the carelessness and/or negligence
of Defendant Pinnacle Health Behavioral Services, as described in the
foregoing paragraphs of this Complaint, Plaintiff has suffered in the past, and
will continue to suffer in the future, excruciating and agonizing mental
anguish.
WHEREFORE, Plaintiff prays that this Honorable Court will find in favor of
Plaintiff and against Defendant Jose Montaner, M.D. in an amount in excess of the
Cumberland County Jurisdictional amount requiring arbitration referral with lawful interest
thereon and costs of suit and brings this action to recover same.
34.
35.
36.
COUNT IV
ROBERT J. WORMSER v. PINNACLE HEALTH
BEHAVIORAL SERVICES
NEGLIGENCE
FAILURE TO MONITOR PATIENT
Paragraphs 1 through 33 are incorporated herein as if set forth at length.
Defendant Pinnacle Health Behavioral Services owed patient, Mark Jason
Wormser, a duty to use reasonable care in his lseatment.
Behavioral Sermices breached this duty in the
failed to adequately staff to insure that patient would be adequately
monitored;
b. failed to select and retain only competent personnel; and
c. failed to insure that medications administered would be administered
properly.
37. As a further direct and proximate result of the carelessness and/or negligence
of Defendant Pinnacle Health Behavioral Services, as described in the
foregoing paragraphs of this Complaint, Plaintiff has suffered in the past, and
will continue to suffer in the future, excruciating and agonizing mental
anguish.
WHEREFORE, Plaintiff prays that this Honorable Court will find in favor of
Plaintiff and against Defendant Pinnacle Health Behavioral Services in an amount in excess
of the Cumberland County Jurisdictional amount requiring arbitration referral with lawful
interest thereon and costs of suit and brings this action to recover same.
Defendant Pinnacle Health
following respects:
a.
38.
39.
COUNT 5
ROBERT J. WORM.qER v. BEI.INDA EASH, JAMES EASI:I,
AND REIGLER SI-II-E. NVOLD and ASSOCIATES
PROFESSIONAL NEGLIGENCE
FAILURE TO DIAGNOSE
FAILIJRE TO PROPERLY TREAT
Paragraphs 1 through 37 are incorporated herein as if set forth at length.
Defendants Belinda Eash, James Eash, and Reigler Shienvold and Associates
were guilty of carelessness and/or negligence in the care and treatment of
Plaintiff and Plaintiff's son, Mark Jason Wormser both generally and in the
following particular respects:
a. failing to properly diagnose the condition of Plaintiff and Plaintiff's son;
b. failing to consult other professionals to ensure a proper diagnosis and
treatment;
c. using inadequate and inappropriate methods, techniques or procedures;
d. failing to advise fully of the proposed treatment, and failing to disclose the
significant and material risks of the recommended treatment and/or
failing to advise Plaintiff and Plaintiff's son of the existence of alternate
methods of treatment; and
e. carelessly encouraging Plaintiff and Plaintiff's son to rely upon treatment
and to have unreasonable expectations of their recovery.
40.
Defendant James Eash failed to withdraw from treating Plaintiff once conflict
arose regarding Plaintiff's beliefs that Mark Jason Wormser was receiving
incompetent treatment by associate, who is also James Eash's wife.
41. Defendant Reigler Shienvold and Associates :failed to recognize and correct
significant conflict of interest caused by allowing personnel to reassure
Plaintiff of appropriateness of Mark Jason Wormser's treatment while
Plaintiff complained that he believed and laherefore averred that Mark's
condition was worsening due to the treatment he was receiving.
42. As a further direct and proximate result of the carelessness and/or negligence
of Defendant Pinnacle Health Behavioral Services, as described in the
foregoing paragraphs of this Complaint, Plaintiff has suffered in the past, and
will continue to suffer in the future, excruciating and agonizing mental
anguish.
WHEREFORE, Plaintiff prays that this Honoral~,le Court will find in favor of
Plaintiff and against Defendants Belinda Eash, James Eash and Reigler Shienvold and
Associates in an amount in excess of the Cumberland County Jurisdictional amount
requiring arbitration referral with lawful interest thereon and costs of suit and brings this
action to recover same.
Respectfully submitted,
CERTIFICATE OF SERVICE
I hereby certify that on this date I served a tree and. correct copy of the foregoing
Complaint on all counsel of record by depositing same in the United States mail at
Mechanicsburg, Pennsylvania, first-class postage prepaid and addressed as follows:
Luther E. Milspaw, Esquire
Milspaw & Beshore
130 State Street
Harrisburg, PA 17101
(Counsel for Defendant, Dorothy Wormser)
Robert A. Lerman, Esquire
Griffith, Strickler, Lerman
Solymos & Calldns
110 South Norther Way
York, PA 17402
(Counsel for Defendant, Cumberland
Valley School Distric0
Michael M. Badowski, Esquire
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
(Counsel for Defendants,
Jose Montaner, M.D. and
Pinnacle Health Behavioral Services)
Belinda Eash
James Eash
Reigler Shienvold and Associates
2151 Linglestown Road
Harrisburg, PA 17110
(Defendants)
Date:
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court:
CAPTION OF CASE
(ENTIRE CAPTION MUST BE STATED IN FULL)
ROBERT J. WORMSER, : IN THE COURT OF COMMON PLEAS
PLAINTIFF, : OF CUMBERLAND COUNTY, PENNA.
: CIVIL ACTION - LAW
VS. :
: DOCKET NO. 02-5494-CIVIL
:
:
:
:
:
:
:
: JURY TRIAL DEMANDED
State matter to be argued (i.e., plaintiff's motion for new
trial, defendant's demurrer to complaint, etc.):
Preliminary Objections of Defendants, Jose Montaner, M.D.
and Pinnacle Health Behavioral Services, to Plaintiff's
Complaint - Pa. R.C.P. No. 1028
Identify counsel who will argue the case:
CUMBERLAND VALLEY SCHOOL
DISTRICT; DOROTHY WORMSER;
JOSE MONTANER, M.D.;
PINNACLE HEALTH BEHAVIORAL
SERVICES; BELINDA FASH;
JAMES FASH; AND REIGLER
SHIENVOLD AND ASSOCIATES,
DEFENDANTS.
2 o
(a) Plaintiff (s) :
(b) Defendant (s) :
Stephen L. Banko, Jr., Esquire
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
3. I will notify all parties that this case has been listed for
argument.
4. Argument Court Date:f~ary 12, 2003
U/fA
01//~/03 3{'[ / / I (717)975-8114
Date Atrophy ~o~ ( )Plaintiff Phone Number
lq / (X)Defendants,
Jose Montaner, M.D. and Pinnacl~ Health Behavioral Services
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy
of the foregoing on all counsel of record by placing the same in
the United States mail at Camp Hill, Pennsylvania, first-class
postage prepaid, on the /~ day of ~~ , 2003, and
addressed as follows:
Robert J. Wormser
107 East Portland Street
P.O. Box 1164
Mechanicsburg, PA 17055
(Pro Se Plaintiff)
Luther E. Milspaw, Esquire
MILSPAW & BESHORE
130 State Street
Harrisburg, PA 17101-1026
(Counsel for Defendant,
Dorothy Wormser)
James Fash
2151 Linglestown Road
Harrisburg, PA 17110
(Defendant)
Robert A. Lerman, Esquire
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
110 South Northern Way
York, PA 17402-3737
(Counsel for Defendant,
Cumberland Valley School
District)
Belinda Fash
2151 Linglestown Road
Harrisburg, PA 17110
(Defendant)
Reigler Shienvold and
Associates
2151 Linglestown Road
Harrisburg, PA 17110
(Defendant)
By:
MARGOLIS EDELSTEIN
Secretary
ROBERT J. WORMSER,
PLAINTIFF,
VS.
CUMBERLAND VALLEY SCHOOL
DISTRICT; DOROTHY WORMSER;
JOSE MONTANER, M.D.;
PINNACLE HEALTH BEHAVIORAL
SERVICES; BELINDA FASH;
JAMES FASH; AND REIGLER
SHIENVOLD AND ASSOCIATES,
DEFENDANTS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
DOCKET NO. 02-5494-CIVIL
JURY TRIAL DEMANDED
ORDER
AND NOW, this day of , 2003,
upon consideration of the Preliminary Objections of Defendants,
Jose Montaner, M.D. and Pinnacle Health Behavioral Services, IT
IS HEREBY ORDERED AND DECREED that Plaintiff has failed to state
a claim against Defendants and, accordingly, all claims contained
in his Complaint, including but not limited to, paragraph 9, the
language following paragraph 26 and Counts III and IV of
Plaintiff's Complaint are dismissed with prejudice, pursuant to
Pa. R.C.P. No. 1028(a)(4).
BY THE COURT:
Jo
MICHAEL M. BADOWSKI, ESQUIRE
Pa. Supreme Court I.D. No. 32646
STEPHEN L. BANKO, JR., ESQUIRE
Pa. Supreme Court I.D. No. 41727
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, Pennsylvania 17011
Telephone:
Fax:
E-Mail:
E-Mail:
[717] 975-8114
[717] 975-8124
mbadowski~Taargolisedelstein.com
sbanko~margolisedelstein.com
Attorney for Defendants:
JOSE MONTANER, M.D., AND
PINNACLE HEALTH BEHAVIORAL SERVICES
ROBERT J. WORMSER,
PLAINTIFF,
VS.
CUMBERLAND VALLEY SCHOOL
DISTRICT; DOROTHY WORMSER;
JOSE MONTANER, M.D.;
PINNACLE HEALTH BEHAVIOP~AL
SERVICES; BELINDA FASH;
JAMES FASH; AND REIGLER
SHIENVOLD AND ASSOCIATES,
DEFENDANTS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAArD COUNTY, PENNA.
CIVIL ACTION - LAW
DOCKET NO. 02-5494-CIVIL
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS OF DEFENDANTS,
JOSE MONTANER, M.D. AND PINNACLE ~RALTH BEHAVIORAL SERVICES,
TO PLAINTIFF'S COMPLAINT - PA. R.C.P. NO. 1028
1. Pursuant to a Rule to File Complaint, Plaintiff filed
this Complaint on or about January 6, 2003. A copy of said
Complaint is attached hereto, incorporated herewith and marked as
Exhibit A.
2. Plaintiff alleges, generally, that Defendants, including
Moving Defendants herein, Jose Montaner, M.D. ("Dr. Montaner")
and Pinnacle Health Behavioral Services ("Pinnacle"), hereinafter
sometimes referred to collectively as Moving Defendants, provided
psychiatric treatment to Plaintiff's son, Mark Jason Wormser
( "the Minor" ) .
3. A careful reading of the Complaint demonstrates that
there is no allegation that Plaintiff, himself, was a patient of
or had any relationship with Moving Defendants.
4. Moreover, nowhere in the Complaint is it alleged that
there is a duty running from Moving Defendants to Plaintiff.
5. Following paragraph 26 of his Complaint, Plaintiff
alleges that:
As a further direct and proximate
result of the carelessness and/or
negligence of Defendant Pinnacle
Health Behavioral Services, as
described in the foregoing
paragraphs of this Complaint,
Plaintiff has suffered in the past,
and will continue to suffer in the
future, excruciating and agonizing
mental anguish. (Emphasis
supplied).
6. In paragraph 33 of Count III and paragraph 37 of Count
IV of the Complaint, Plaintiff makes the same averment of causal
negligence in causing "excruciating and agonizing mental
anguish."
7. Nowhere in Plaintiff's Complaint does he allege that he
had a contemporaneous sensory perception of the alleged
negligence of Moving Defendants. Therefore, under Pennsylvania
law, as a "bystander,H he has failed to allege fact insufficient
to state a cause of action under Pennsylvania law.
PRELIMINARY OBJECTION - PA. R.C.P. NO. 1028(a) (4) -
DEMURRER
8. The averments contained in paragraph 1 through 7 hereof
are incorporated herein by reference as if set forth in their
entirety.
9. Pa. R.C.P. No. 1028(a) (4) provides for the filing of
Preliminary Objections to test the legal sufficiency of a
pleading.
10. Pennsylvania law requires that in order to state a cause
for negligent infliction of emotional distress, a "bystander"
must have a contemporaneous sensory perception of the alleged
negligent conduct.
11. No such allegation is contained in Plaintiff's
Complaint, nor can any allegation be stated given the factual
averments contained in Plaintiff's Complaint.
12. Accordingly, Plaintiff's Complaint fails to state a
cause of action with respect to any claim for negligent
infliction of emotional distress caused by the alleged negligence
of Moving Defendants in providing psychiatric treatment to the
Minor.
13. Plaintiff's Complaint is properly stricken pursuant to
Pa. R.C.P. No. 1028(a) (4) .
WHEREFORE, Defendant, Jose Montaner, M.D. and Pinnacle
Health Behavioral Services, pray this Honorable Court enter an
Order pursuant to Pa. R.C.P. No. 1028(a) (4) striking Counts III
and IV of Plaintiff's Complaint for failure to state a cause of
action for negligent infliction of emotional distress.
PRELIMINARY OBJECTION - PA. R.C.P. NO. 1028(a) (4) -
DEMURRER
14. The averments contained in paragraphs 1 through 13
hereof are incorporated herein by reference as if set forth in
their entirety.
15. Plaintiff makes no allegation that there was a legal
relationship between him and Moving Defendants. Accordingly,
absent a duty to Plaintiff, Plaintiff cannot state a cause of
action for negligence.
16. Accordingly, Plaintiff's Complaint against Moving
Defendants, including but not limited to, paragraph 26 and Counts
III and IV, are properly dismissed pursuant to Pa. R.C.P. No.
1028(a) (4) for failure to state a claim of negligence.
WHEREFORE, Defendant, Jose Montaner, M.D. and Pinnacle
Health Behavioral Services, pray this Honorable Court enter an
Order pursuant to Pa. R.C.P. No. 1028(a) (4) dismissing all claims
against Defendants for failure to state a cause of action in
negligence.
PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE,
OR IN THE ALTERNATIVE, FOR A MORE SPECIFIC STATEMENT -
PA. R.C.P. NO. 1028(a)(2) and (3)
17. The averments contained in paragraphs 1 through 16
hereof are incorporated herein by reference as if set forth in
their entirety.
18. In paragraph 9 of his Complaint, Plaintiff alleges that:
At all times material hereto,
Pinnacle Health Behavioral Services
acted by and through its agents,
ostensible agents, employees,
servants and/or workman, including,
but not limited, to defendants.
19. Nowhere in his Complaint does Plaintiff allege, nor does
he attempt to allege, the specific identity of those purported
agents, etc., except as to the other Defendants in the action.
20. Pennsylvania law is well-settled that Plaintiff must, at
the very least, make an attempt to identify with specificity all
5
agents, etc., and absent such attempt, the language of paragraph
9 is properly stricken pursuant to Pa. R.C.P. No. 1028.
WHEREFORE, Defendant, Jose Montaner, M.D. and Pinnacle
Health Behavioral Services, pray this Honorable Court enter an
Order striking paragraph 9 of Plaintiff's Complaint for failure
to conform to rule of law.
Date:
~R~OLIS EDELSTEIN
By: ~!I~~~[ BAf~OWSKI
BANKO, JR.
Attorney for Defendants,
JOSE MONTANER, M.D., AND
PINNACLE HEALTH BEHAVIORAL
SERVICES
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy
of the foregoing on all counsel of record by placing the same in
the United States mail at Camp Hill, Pennsylvania, first-class
postage prepaid, on the /7 day of ~LL~__.~f , 2003, and
addressed as follows:
Robert J. Wormser
107 East Portland Street
P.O. Box 1164
Mechanicsburg, PA 17055
(Pro Se Plaintiff)
Luther E. Milspaw, Esquire
MILSPAW & BESHORE
130 State Street
Harrisburg, PA 17101-1026
(Counsel for Defendant,
Dorothy Wormser)
James Fash
2151 Linglestown Road
Harrisburg, PA 17110
(Defendant)
Robert A. Lerman, Esquire
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
110 South Northern Way
York, PA 17402-3737
(Counsel for Defendant,
Cumberland Valley School
District)
Belinda Fash
2151 Linglestown Road
Harrisburg, PA 17110
(Defendant)
Reigler Shienvold and
Associates
2151 Linglestown Road
Harrisburg, PA 17110
(Defendant)
MARGOLIS EDELSTEIN
Secretary
Exhibit A
ROBERT J. WORMSER,
Plaintiff
' IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
' NO. 02-5499 CIVIL TERM
CUMBERLAND VALLEY
SCHOOL DISTRICT,
DOROTHY WORMSER,
JOSE MONTANER, M.D.,
PINNACLE HEALTH
BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASH,:
And REIGLER SHIENVOLD : CIVIL ACTION - LAW
And ASSOCIATES,
Defendants
NOTICE
YOU HAVE BEEN SUED 1N COURT. If..y'ou 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 clainl or relief requested by the plaintiff. You may lose money or
property or other rights importav~t to you.
YOU SHOULD TAKE THiS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CAN2'gOT 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
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans With Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled comference or hearing.
ROBERT J. WORMSER,
Plaintiff
' IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
· NO. 02-5499 CIVIL TERM
Vo
CUMBERLAND VALLEY
SCHOOL DISTRICT,
DOROTHY WORMSER,
JOSE MONTANER, M.D.,
PINNACLE HEALTH
BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASH,:
And REIGLER SHIENVOLD :CIVll, ACTION - LAW
And ASSOCIATES,
Defendants
COMPLAINT
AND NOW, comes the Plaintiff, Robert J. Wormser, who makes claim against
Defendants Cumberland Valley School District, Dorothy Wormser, Jose Montaner, M.D.,
Pinnacle Health Behavioral Services, Belinda Eash, James Eash, and Reigler Shienvold and
Associates, and each of them, both jointly and severally, for sums in excess of the
Cumberland County Jurisdictional amount requiring arbitration referral, upon the following
causes of action:
THE PARTIES
Plaintiff Robert J. Wormser is an adult individual residing at 107 East
Portland Street, Mechanicsburg, Cumberland County, Pennsylvania 17055.
Defendant Cumberland Valley School District, at all times material hereto,
had an office at 6746 Carlisle Pike, Mechanicsburg, Cumberland County,
Pennsylvania 17050.
3. Defendant Dorothy Wormser is an adult individual and registered nurse duly
licensed to practice in the Commonwealth of Pennsylvania, and resides at 369
Park Avenue, New Cumberland, Cumberland County, Pennsylvania 17070
and all times material hereto, was employed by Pinnacle Health Systems at
their facility located at South Front Street, Harrisburg, Dauphin County,
Pennsylvania 17033.
4. Defendant Jose Montaner, M.D. is a physician duly licensed to practice
medicine in the Commonwealth of Pennsylvania and, at all times material
hereto, had an office for the practice of medicine at Pinnacle Health
Behavioral Services, 307 South Front Street, Harrisburg, Dauphin County,
Pennsylvania 17033.
5. Defendant Pinnacle Health Behavioral Services, a corporation, at all times
material hereto, had an office for the practice of medicine at 307 South Front
Street, Harrisburg, Dauphin County, Pennsylvania 17033.
6. Defendant Belinda Eash is a professional mental health counselor and, at all
times material hereto, had an office for practice at 2151 Linglestown Road,
Harrisburg, Dauphin County, Harrisburg, Pennsylvania 17110.
7. Defendant James Eash is a professional mental health counselor and, at all
times material hereto, had an office for practice at 2151 Linglestown Road,
Harrisburg, Dauphin County, Harrisburg, Pennsylvania 17110.
8. Defendant Reigler Shienvold and Associates is a professional organization
licensed to practice psychological counseling in the Commonwealth of
Pennsylvania and, at all times material hereto, had an office to practice at
2151 Linglestown Road, Harrisburg, Dauphin County, Harrisburg,
Pennsylvania 17110.
At all times material hereto Defendant Pinnacle Health Behavioral Services acted
by and through its agents, ostensible agents, employees, servants and/or
workman, including, but not limited to defendants.
FACTS COMMON TO ALL COUNTS
10. Paragraphs 1 through 9 are incorporated herein as if set forth in length.
11. At all times material hereto, Defendants held themselves out as skillful and
competent professionals.
12. On or about September 2000, Plaintiff's minor son, Mark Jason Wormser,
was pulled from a scheduled class period and taken to a guidance counselor's
office allegedly to discuss a website on which he discussed suicide.
13. Defendant Dorothy Wormser, Mark Jason Wormser's mother, was notified
by the school and went to Cumberland Valley High School. The school did
not notify plaintiff Robert Wormser.
14. After meeting with Defendant Dorothy Wormser and several school
administrators, Mark Jason Wormser was forcibly removed from
Cumberland Valley High School even though he requested to be allowed to
return to class.
15. Plaintiff was led to believe by Defendant Dorothy Wormser that his son,
Mark Jason Wormser, would be required to have a psychological evaluation
before being allowed to return to school.
16. A meeting was scheduled for that same day with Defendant Belinda Eash at
which time Plaintiff was told that an evaluation was required and was
arranged to be ~lone by Defendant 3ose Montaner, M.D. at the Pinnacle
Health Behavioral Services on the following Monday.
17. Defendant Dr. Montaner had to reschedule the evaluation for the following
Friday.
18. Plaintiff, Defendant Dorothy Wormser, Defendant Dr. Montaner, an
unnamed nurse and Mark Jason Wormser were present at the evaluation
which lasted less than one (1) hour.
19. After a few minutes of questioning, Dr. Montaner told Mark Wormser that
his choice was to voluntarily commit himself or to be committed by Dr.
Montaner to an institution.
20. Both the Plaintiff and his son were led to believe that this commitment would
be for an indefinite period of time.
21. Mark Wormser agreed to daytime services to avoid full time inpatient
commitment at an institution.
22. Mark Wormser was committed to a daytime program through Pinnacle
Health Behavioral Services which was to include counseling, medication
regulation and continuing schoolwork.
23. Mark Wormser's perception of the program was that it was abusive in that he
was physically restrained.
24. Plaintiff and Defendant Dorothy Wormser were told by a female counselor
employed by Pinnacle Health Behavioral Services that even though Mark
could sign himself out of the program that fact should be kept from him.
25. Mark Wormser was put of Prozac. Because the doctors and/or staff had
forgotten to increase his dosage of Prozac when it should have been, he was
made to stay in the program for an extra day.
26. The belief that the programs would be effective kept friends silent who noticed
his increasing depression during the course of his treatment.
As a further direct and proximate result of the carelessness and/or negligence of
Defendant Pinnacle Health Behavioral Services, as described in the foregoing paragraphs of
this Complaint, Plaintiff has suffered in the past, and will continue to suffer in the future,
excruciating and agonizing mental anguish.
COUNT 1
ROBERT J. WORMSER v. CUMBERLAND VALLEY
SCHOOL DISTRICT
NEGLIGENCE
27. Paragraphs 1 through 26 are incorporated herein as if set forth in length.
28. By ejecting Mark Jason Wormser from school without any infraction of
school rules or regulations on his part, Cumberland Valley School District
improperly denied him access to an education, to which he was entitled.
29. Ejecting Mark Jason Wormser from school surrounded by several school
administrators caused him great embarrassment and public humiliation.
WHEREFORE, Plaintiff prays that this Honorable Court will find in favor of
Plaintiff and against Defendant Cumberland Valley School District in an amount in excess
of the Cumberland County Jurisdictional amount requiring arbitration referral with lawful
interest thereon and costs of suit and brings this action to recover same.
COUNT H
ROBERT J. WORMSER v. DOROTHY WORMSER
NEGLIGENCE AND IMPROPERLY CARING FOR A MINOR CHII.D
30. Paragraphs 1 through 29 are incorporated herein as if set forth in length.
31. Defendant Dorothy Wormser did improperly care for Mark Jason Wormser
in that she:
a. failed to inform Plaintiff of his drug use;
b. repeatedly delayed his going to bed so that she could continue to play
games on the computer in his room;
c. repeatedly belittled him in front of family and friends;
d. conspired with her employer, Pinnacle Health Services, to deny Mark
his legal rights to sign himself out of their program.
As a further direct and proximate result of the carelessness and/or negligence of
Defendant Pinnacle Health Behavioral Services, as described in the foregoing paragraphs of
this Complaint, Plaintiff has suffered in the past, and will continue to suffer in the future,
excruciating and agonizing mental anguish.
WHEREFORE, Plaintiff prays that this Honorable Court will find in favor of
Plaintiff and against Defendant Dorothy Wormser in an amount in excess of the
Cumberland County Jurisdictional amount requiring arbitration referral with lawful interest
thereon and costs of suit and brings this action to recover same.
32.
33.
COUNT HI
ROBERT J. WORMSER v. JOSE MONTANER, M.D
PROFESSIONAL NEGLIGENCE
FAILURE TO PROPERLY SUPERVISE
Paragraphs 1 through 31 are incorporated herein as if set forth in length.
Defendant Jose Montaner, M.D. was guilty of carelessness and/or negligence
in the care and treatment of Mark Jason Wormser both generally and in the
following particular respects:
a. failing to properly supervise those to whom authority was given to
determine if proper care was given to Mark Jason Wormser;
b. failing to properly prescribe and monitor medications given to Mark
Jason Wormser;
c. diagnosing without adequate evaluation;
d. after preliminary evaluation of Mark Jason Wormser's mental status,
failing to properly prescribe appropriate measures for his care and
treatment;
e. improperly delegating specific care and treatment of him to others;
f. failing to properly supervise those to whom authority was give with
regard to his care and treatment;
g. using inadequate and inappropriate methods, techniques or
procedures;
h. failing to advise Plaintiff and his son of proposed treatment that was to
be performed on Mark Jason Wormser and failing to disclose the
significant and material risks of the recommended treatment and/or
failing to advise Plaintiff and his son of the existence of alternate
methods of treatment;
i. carelessly encouraging Mark Jason Wormser's family and friends to
rely upon treatment and to have unreasonable expectations of his
recovery; and
j. denying his rights by coercing him into an ineffective course of
treatment.
As a further direct and proximate result of the carelessness and/or negligence
of Defendant Pinnacle Health Behavioral Services, as described in the
foregoing paragraphs of this Complaint, Plaintiff has suffered in the past, and
will continue to suffer in the future, excruciating and agonizing mental
anguish.
WHEREFORE, Plaintiff prays that this Honorable Court will find in favor of
Plaintiff and against Defendant ,lose Montaner, M.D. in an amount in excess of the
Cumberland County Jurisdictional amount requiring arbitration referral with lawful interest
thereon and costs of suit and brings this action to recover same.
COUNT IV
ROBERT J. WORMSER v. PINNACLE HEALTH
BEHAVIORAL SERVICES
NEGLIGE~NCE
FAILURE TO MONITOR PATIENT
34. Paragraphs 1 through 33 are incorporated herein as if set forth at length.
35. Defendant Pinnacle Health Behavioral Services owed patient, Mark Jason
Wormser, a duty to use reasonable care in his treatment.
36. Defendant Pinnacle Health Behavioral Services breached this duty in the
following respects:
a. failed to adequately staff to insure that patient would be adequately
monitored;
b. failed to select and retain only competent personnel; and
c. failed to insure that medications administered would be administered
properly.
37. As a further direct and proximate result of the carelessness and/or negligence
of Defendant Pinnacle Health Behavioral Services, as described in the
foregoing paragraphs of this Complaint, Plaintiff has suffered in the past, and
will continue to suffer in the future, excruciating and agonizing mental
anguish.
WHEREFORE, Plaintiff prays that this Honorable Court will find in favor of
Plaintiff and against Defendant Pinnacle Health Behavioral Services in an amount in excess
of the Cumberland County Jurisdictional amount requiring arbitration referral with lawful
interest thereon and costs of suit and brings this action to recover same.
38.
39.
COUNT 5
ROBERT J. WORMSER v. BELlNDA EASH, JAMES EASH,
AND REIGLER SH1E. NVOLD and ASSOCIATES
PROFESSIONAL NEGLIGENCE
FAII,URE TO DIAGNOSE
FAILURE TO PROPERLY TREAT
Paragraphs 1 through 37 are incorporated herein as if set forth at length.
Defendants Belinda Eash, James Eash, and Reigler Shienvold and Associates
were guilty of carelessness and/or negligence in the care and treatment of
Plaintiff and PlaintifFs son, Mark Jason Wormser both generally and in the
following particular respects:
a. failing to properly diagnose the condition of Plaintiff and Plaintiffs son;
b. failing to consult other prOfessionals to ensure a proper diagnosis and
treatment;
c. using inadequate and inappropriate methods, techniques or procedures;
d. failing to advise fully of the proposed treatment, and failing to disclose the
significant and material risks of the recommended treatment and/or
failing to advise Plaintiff and Plaintiff's son of the existence of alternate
methods of treatment; and
e. carelessly encouraging Plaintiff and Plaintiff's son to rely upon treatment
and to have unreasonable expectations of their recovery.
40.
Defendant James Eash failed to withdraw from treating Plaintiff once conflict
arose regarding PlaintiWs beliefs that Mark Jason Wormser was receiving
incompetent treatment by associate, who is also James Eash's wife.
41. Defendant Reigler Shienvold and Associates failed to recognize and correct
significant conflict of interest caused by allowing personnel to reassure
Plaintiff of appropriateness of Mark Jason Wormser's treatment while
Plaintiff complained that he believed and therefore averred that Mark's
condition was worsening due to the treatment he was receiving.
42. As a further direct and proximate result of the carelessness and/or negligence
of Defendant Pinnacle Health Behavioral Services, as described in the
foregoing paragraphs of this Complaint, Plaintiff has suffered in the past, and
will continue to suffer in the future, excruciating and agonizing mental
anguish.
WHEREFORE, Plaintiff prays that this Honorable Court will find in favor of
Plaintiff and against Defendants Belinda Eash, James Eash and Reigler Shienvold and
Associates in an amount in excess of the Cumberland County Jurisdictional amount
requiring arbitration referral with lawful interest thereon and costs of suit and brings this
action to recover same.
Respectfully submitted,
CERTIFICATE OF SERVICE
I hereby certify that on this date I served a true and correct copy of the foregoing
Complaint on all counsel of record by depositing same in the United States mail at
Mechanicsburg, Pennsylvania, first-class postage prepaid and addressed as follows:
Luther E. Milspaw, Esquire
Milspaw & Beshore
130 State Street
Harrisburg, PA 17101
(Counsel for Defendant, Dorothy Wormser)
Robert A. Lerman, Esquire
Griffith, Striclder, Lerman
Solymos & Calkins
110 South Norther Way
York, PA 17402
(Counsel for Defendant, Cumberland
Valley School District)
Michael M. Badowski, Esquire
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
(Counsel for Defendants,
Jose Montaner, M.D. and
Pinnacle Health Behavioral Services)
Belinda Eash
James Eash
Reigler Shienvold and Associates
2151 Linglestown Road
Harrisburg, PA 17110
(Defendants)
Date:
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT J. WORMSER,
Plaintiff,
CUMBERLA1~ VALLEY SCHOOL
DISTRICT, DC ROTHY WORMSER, JOSE
MONTANER, M.D., PINNACLE HEALTH
BEHAVIORAL SERVICES, BELINDA
EASH, JAMES EASH, and REIGLER
SHIENVOLD AND ASSOCIATES,
-- Defendants.
No. 02-5494 Civil Term
Civil Action - Law
NOTICE TO PLEAD
You arc
Injunction wit~
the Court, othe
hereby notified to file a written response to Plaintiff's Motion for Preliminary
in twenty (20) days after service hereof, or within such shorter time as ordered by
wise a default judgment may be entered against you.
Respectfully submitted,
ECKERT SEAMANS CHERIN & MELLOTT, LLC
M~r~ E.~, E~sq.
S. Qt. I.D.'No. 79646
Adam M. Shienvold, Esq.
S. Ct. I.D. No. 81941
213 Market Street, 8th Floor
Harrisburg, PA 17101
717-237-6000
Attorneys for Riegler Shienvold and Associates
{L0260748.1 }
9
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT J. WORMSER,
Plaintiff,
CUMBERLAN
DISTRICT, DC
MONTANER, ~
BEHAVIORAI
EASH, JAMES
SHIENVOLD
PRELII~
D VALLEY SCHOOL
ROTHY WORMSER, JOSE
VI.D., PINNACLE HEALTH
, SERVICES, BELINDA
EASH, and REIGLER
ND ASSOCIATES,
Defendants.
No. 02-5494 Civil Term
Civil Action - Law
[NARY OBJECTIONS DEFENDANT RIEGLER SHIENVOLD AND
ASSOCIATES TO PLAINTIFF'S COMPLAINT
Pursuant to Pennsylvania Rule of Civil Procedure 1028, Defendant Riegler Shienvold and
Associates ("~SA") submits the following preliminary objections to Plaintiff's Complaint and, in
support thereoI, states:
Introduction
Althou
be that Plaintit
h the Complaint is not entirely clear, the gist of Plaintiff's allegation appears to
's son received inadequate or inappropriate care, from various Defendants and,
also, that the 12~efendant School District and Defendant Wormser (the Plaintiff's ex-wife and the
mother of the plaintiff s son) somehow were negligent with regard to their treatment of the
Plaintiff's son~ As to RSA, the Plaintiff pleads only one count (common to three distinct
Defendants) that generally alleges negligence in the care and treatment of Plaintiff and Plaintiff's
son without e,
Plaintiff's Col
~er identifying the allegedly negligent act or any damage resulting therefrom.
nplaint, therefore, fails to state facts constituting a cause of action against RSA.
{L0260748.1 }
1
RSA no~ submits these preliminary objections to Plaintiff's Complaint in the nature of a
demurer, for failure to conform to law or rule of court, and for insufficient specificity of
pleading.
I. Prelimi
ComDla
1.
objection for tl
2.
through 41 oftl
3.
two other defe~
~ary Obiection in the Nature of a Demurer to Count V of Plaintiff's
in.t_
:nnsylvania Rule of Civil Procedure 1028(a)(4) authorizes a preliminary
legal insufficiency of the pleading (demurer).
laintiff's entire basis for his claim against RSA is set forth in paragraphs 38
~e Complaint.
Specifically, Plaintiff alleges generally (and without distinction between RSA and
tdants) that Defendants (a) failed to diagnosis the condition of Plaintiff and of
Plaintiff's son ~ (b) failed to consult other professionals to ensure a proper diagnosis and
treatment; (c) ~sed inadequate and inappropriate methods, techniques or procedures; (d) failed to
advise of the p ;oposcd treatment, failed to disclose the risks of the recommended treatment, and
failed to advis~ of thc existence of alternative methods of treatment; and (e) encouraging Plaintiff
and Plaintiff's ~on to rely upon treatment.
4. 'To properly plead a cause of action for negligence, the Plaintiff must plead the
essential elements of the claim: a duty flowing fxom the defendant to the plaintiff, a breach of
that duty by th
5.
negligence as
6.
otherwise, bet
e defendant, and damages that are causally related to the defendant's breach.
Plaintiff has failed to plead the existence of any element of the cause of action for
Io RSA.
Plaintiff has failed to plead the existence of any relationship, professional or
a, een RSA and Plaintiff.
{L0260748.1 }
2
7. plaintiff has failed to allege any act or failure to act of RSA that violated any duty
flowing from R~;A to Plaintiff.
8. q ~o the extent that Plaintiff asserts a "failure to diagnose", Plaintiff has failed to
allege sufficient facts sufficient to state a claim for negligence.
9. 'laintiffhas failed to plead the alleged diagnosis .or dysfunction from which he
was suffering id which RSA failed to diagnose.
10. 2onsequently, Plaintiff has failed to state a claim for professional negligence in
the nature of a ailure to diagnose.
11. 'o the extent that Plaintiff attempts to state a claim for "failure to properly treat",
Plaintiff has fa ~d to allege either the type of treatment, if any, l~at he received from RSA and,
similarly, has £ filed to plead or allege the existence of alternate or more appropriate treatments
for his alleged filment or dysfunction.
12. Iconsequently, Plaintiff has failed to establish the basic element of a cause of
action for profpssional negligence in the nature of a failure to properly treat.
13. Plaintiff's allegation in paragraph 41 of his Complaint that RSA "failed to
recognize and :orrect a significant conflict of interest caused by allowing personnel to reassure
Plaintiff of the appropriateness of [Plaintiff's son's] treatment while Plaintiff complained that he
believed ... th:tt [his son's] condition was worsening due to the treatment he was receiving" does
not state a clai'rn cognizable in the Commonwealth of Pennsylvania for professional negligence.
14.
recognize or c
conflict injure
15.
against RSA.
1L0260748.1 }
Moreover, even assuming that a conflict of interest existed or that RSA failed to
rrect that conflict, Plaintiff has failed to plead a:ny way in which the alleged
Plaintiff.
Consequently, Plaintiff has failed to state a claim for professional negligence
3
WHEREFORE, Defendant Riegler Shienvold and Associates respectfully requests this
Court to grant it~ preliminary objection in the nature of a demurrer, to dismiss Plaintiff's claims
with prejudice, ~nd to award Riegler Shienvold and Associates its costs and fees.
II. Preliminary, Objection for Failure of a Pleading to Conform to Law or Rule of
Cou~
16.
same were mol
17.
objection for t~
impertinent ma
18.
19.
Procedure 76
20.
to conform to
WHEI
Court to grant
plaintiff's claiJ
fees.
III. Prelim
21.
were more ful
22.
objection for i
{L0260748.1 }
',SA incorporates by reference paragraphs 1 through 15, above, as though the
fully set forth herein.
'ennsylvania Rule of Civil Procedure 1028(a)(2) provides for a preliminary
ilure of a pleading to conform to law or rule of court or inclusion of scandalous or
:ter.
?laintiff filed the instant Complaint on or about January 3, 2003.
'laintiff failed to verify the Complaint as required by Pennsylvania Rules of Civil
Id 1024.
~s a consequence of Plaintiff's failure to verify his pleading, the Complaint fails
tw or rule of court and, therefore, must be stricken.
EFORE, Defendant Riegler Shienvold and Associates respectfully requests this
its preliminary objection for failure to conform to law or rule of court, to dismiss
ns with prejudice, and to award Riegler Shienvold and Associates its costs and
inary Ob,iection for Insufficient Specifici~. in a Pleading
RSA incorporates by reference paragraph 1 through 20 above as though the same
~y set forth herein.
Pennsylvania Rule of Civil Procedure 1028(a)(3) authorizes a preliminary
nsufficient specificity of a pleading.
4
23. Ip Count V of the Complaint, Plaintiff purports a cause of action for "professional
negligence, fail~re to diagnose, failure to properly treat" against three separate defendants.
24. ~)ursuant to Pennsylvania Rule of Civil Procedure 1019(a), a complaint shall state
"the material fa
25.
Reigler [sic] SI
above, Plaintiff
element of a ca
failure to prop{
26.
any claim actu.
27.
against it for ''~
Plaintiff has n
allegations set
{L0260748.1 }
ets on which a cause of action...is based...in a concise and summary form."
Mthough Plaintiff's Count V against "Belinda [sic] Eash, James Eash, and
ienvold and Associates" certainly is in "concise and summary form," as set forth
has failed to plead material facts which, if prowm, could establish the necessary
Lse of action against RSA for professional negligence, failure to diagnose or
'ly treat.
'laintiff's Complaint is so lacking specificity as to RSA that it is not on notice of
lly asserted against it.
doreover, RSA cannot provide a meaningful answer to the counts asserted
rofessional negligence, failure to diagnose, failure to properly treat" because
provided sufficient information by which RSA can determine the truth of the
forth therein.
Court to grant il
plaintiff's claim
fees.
{L0260748.1 }
WHER[ FORE, Defendant Riegler Shienvold and Associates respectfully requests this
preliminary objection for insufficient specificity of a pleading, to dismiss
. with prejudice, and to award Riegler Shienvold and Associates its costs and
Respectfully submitted,
ECKERT SEAMANS CHERIN & MELLOTT, LLC
S. CL I.D. No. 79646
Adam M. Shienvold, Esq.
S. Ct. I.D. No. 81941
213 Market Street, 8th Floor
Harrisburg, PA 17101
717-237-6000
Attorneys for Riegler Shienvold and Associates
6
I hereby
Preliminary Ob2
the United Stat{
follows:
Luther
Milspa'
130 Sta
Harrisb
Robert
Griffith
Calkins
110 So~
York,
Micha
Margol
3510T
Camp
Date:
AMS 269904-00004
CERTIFICATE OF SERVICE
certify that on this date I served a tree and correct copy of the foregoing
ections to Plaintiff's Complaint on all counsel of record by depositing same in
:s mail at Harrisburg, Pennsylvania, first-class postage prepaid, and addressed as
L Milspaw, Esq.
~ & Beshore
ie Street
fig, PA 17101
A. Lerman, Esq.
Strickler Lerman Solymos &
~th Northern Way
'A 17402
M. Badowski, Esq.
Edelstein
rindle Road
till, PA 17011
Timothy McMahon, Esq.
Marshall Dennehey Warner Coleman &
Goggin
4200 Crams Mill Road
Harrisburg,. PA 17112
Melinda Eash
2151 Linglestown Road
Harrisburg, PA 17110
Robert J. Wormser, pro se
107 East Portland Street
Mechanicsburg, PA 17055
/(d~n M~d~d~'~q.
{ L0260748.1 }
7
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT J. WORMSER (pro se)
Plaintiff,
VS.
CUMBERLAND VALLEY SCHOOL DISTRICT,
DOROTHY WORMSER, JOSE MONTANER,
PINNACLE HEALTH BEHAVIORAL
SERVICES, BELINDA EASH, JAMES EASH,
AND REIGLER SHIENVOLD AND
ASSOCIATES,
Defendants.
Civil Action - Law
No. 02-5494
JURY TRIAL DEMANDED
ANSWER, I~EW MATTER AND CROSS-CLAIMS OF DEFENDANT~ CUMBERLAND
V~ALLEY SCHOOL DISTRICT~ TO PLAINTIFF'S COMPLAINT
AND NOW COMES Defendant, Cumberland Valley School District, by its counsel Robert
A. Lerman, ESquire and Griffith, Strickler, Lerman, Solymos & Calkins and files the following
Answer, New Matter and Cross-Claim in response to Plaintiff's Complaint, as follows:
THE PARTIES
1. Admitted upon information and belief.
2. Admitted.
3. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No. 3
of Plaintiff's Complaint and same are denied and strict proof thereof demanded.
4. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No. 4
of Plaintiff's Complaint and same are denied and strict proof thereof demanded.
5. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No. 5
of Plaintiffs Complaint and same are denied and strict proof thereof demanded.
6. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No. 6
of Plaintiff s Complaint and same are denied and strict proof thereof demanded.
7. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No. 7
of Plaintiff s Complaint and same are denied and strict proof thereof demanded.
8. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No. 8
of Plaintiff's Complaint and same are denied and strict proof thereof demanded.
9. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No. 9
of Plaintiff's Complaint and same are denied and strict proof thereof demanded.
FACTS COMMON TO ALL COUNTS
10. Defendant, Cumberland Valley School District, incorporates herein by reference, as if
fully set forth at length, its Answer to Plaintiffs Complaint, Paragraph Nos. 1 - 9, inclusive, as
hereinabove set forth.
11. Denied and averred, to the contrary, that Answering Defendant, Cumberland Valley
School District, at all times relevant, is and was a school district organized and existing pursuant to
Pennsylvania's Public School Code, 24 P.S. §1-101, et seq. and is also a governmental unit and/or
agency withinlthe meaning of 42 Pa. C.S.A. §8501, et seq. By way of further answer, it is averred
2
that at all times relevant, Answering Defendant fulfilled all duties, obligations and responsibilities
required of it as a public education institution, as required by law.
12. Denied. It is denied that on or about September, 2000 during regular school hours,
Plaintiff's mirror son, Mark Jason Wormser, was pulled from his scheduled class and taken to a
guidance counselor's office allegedly to discuss a website on which he discussed suicide. On the
contrary, it is averred that on September 22, 2000, during regular school hours Mark Jason Wormser
was asked to visit the Guidance Office in order that a representative of the School District could
meet with him to assess safety concerns including suicide references on a website.
13. Admitted but qualified to state that the School District notified the first parent the
School District was able to contact listed or identified on Mark Jason Wormser's emergency
notification card; i.e., mother Dorothy Wormser.
14. Denied. It is denied that after meeting with Defendant, Dorothy Wormser, and
several school administrators, Mark Jason Wormser was forceably removed from the Cumberland
Valley High School even though he requested to be allowed to return to class. On the contrary, it is
averred that after meeting with the guidance counselor and then subsequently with the principal and
his mother, Dorothy Wormser, Mark Jason Wormser accompanied his mother, voluntarily, to her
vehicle and voluntarily left the premises of the Cumberland Valley High School.
15. Denied. Answering Defendant is without knowledge, information or belief as to what
may have transpired between Plaintiff and Defendant, Dorothy Wormser, and no further response is
required on behalf of Answering Defendant.
16. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No.
16 of Plaintiff's Complaint and same are denied and strict proof thereof demanded.
17. Denied. Alter reasonable investigation, Answering Defendant is without knowledge
or information~sufficient to form a belief as to the truth of the allegations set forth in Paragraph No.
17 of Plaintiff's Complaint and same are denied and strict proof thereof demanded.
18. Denied. Alter reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No.
18 of Plaintiff's Complaint and same are denied and strict proof thereof demanded.
19. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No.
19 of Plaintiff's Complaint and same are denied and strict proof thereof demanded.
20. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No.
20 of Plaintiff's Complaint and same are denied and strict proof thereof demanded.
21. Denied. Alter reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No.
21 of Plaintiff's Complaint and same are denied and strict proof thereof demanded.
22. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No.
22 of Plaintiff's Complaint and same are denied and strict proof thereof demanded.
23. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No.
23 of Plaintiff's Complaint and same are denied and strict proof thereof demanded.
24. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No.
24 of Plaintiff's Complaint and same are denied and strict proof thereof demanded.
25. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the troth of the allegations set forth in Paragraph No.
25 of Plaintiff's Complaint and same are denied and strict proof thereof demanded.
26. Denied. After reasonable investigation, Answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph No.
26 of Plaintiff's Complaint and same are denied and strict proof thereof demanded.
WHEREFORE, Answering Defendant, Cumberland Valley School District, demands
judgment in its favor and against the Plaintiff, together with costs of suit.
COUNT I
ROBERT J. WORMSER V. CUMBERLAND VALLEY SCHOOL DISTRICT
NEGLIGENCE
27. Defendant, Cumberland Valley School District, incorporates herein by reference, as if
fully set forth at length, its Answer to Plaintiff's Complaint, Paragraph Nos. 1 - 26, inclusive, as
hereinabove set forth.
28. Denied. It is denied that any acts or omissions on the part of Cumberland Valley
School District improperly denied Mark Jason Wormser access to an education to which he was
entitled. It is further denied that Mark Jason Wormser was ejected from school as described in
Plaintiff' s Complaint. On the contrary, it is averred that at all times relevant, Answering Defendant
acted carefully, lawfully, properly and prudently, fulfilling all duties, obligations and responsibilities
required by law.
29. Denied. It is denied that due to any alleged actions on the part of Answering
Defendant, Mark Jason Wormser was caused great embarrassment and public humiliation and strict
proof thereof is demanded.
WHEREFORE, Answering Defendant, Cumberland Valley School District, demands
judgment in its favor and against the Plaintiff, together with costs of suit.
COUNT II
ROBERT J. WORMSER V. DOROTHY WORMSER
NEGLIGENCE AND IMPROPERLY CARING FOR A MINOR CHILD
30 - 31. The allegations set forth in Paragraph Nos. 30 and 31 of Plaintiff's Complaint pertain
to a Defendant other than Answering Defendant and no response is required on behalf of Answering
Defendant.
WHEREFORE, Answering Defendant, Cumberland Valley School District, demands
judgment in its favor and against the Plaintiff, together with costs of suit.
COUNT III
ROBERT J. WORMSER V. JOSE MONTANER~ M.D.
PROFESSIONAL NEGLIGENCE
FAILURE TO PROPERLY SUPERVISE
32 - 33. The allegations set forth in Paragraph Nos. 32 and 33 of Plaintiff's Complaint pertain
to a Defendant other than Answering Defendant and no response is required on behalf of Answering
Defendant.
WHEREFORE, Answering Defendant, Cumberland Valley School District, demands
judgment in its favor and against the Plaintiff, together with costs of suit.
COUNT IV
ROBERt? J. WORMSER V. PINNACLE ItEALTI-I BEHAVIORAL SERVICES
NEGLIGENCE
FAILURE TO MONITOR PATIENT
34 - 37. The allegations set forth in Paragraph Nos. 34, 35, 36 and 37 of Plaintiff's Complaint
pertain to a Defendant other than Answering Defendant and no response is required on behalf of
Answering Defendant.
WHEREFORE, Answering Defendant, Cumberland Valley School District, demands
judgment in its favor and against the Plaintiff, together with costs of suit.
COUNT 5 [SIC]
ROBERT J. WORMSER V. BELINDA EASH~ JAMES EASH AND
REIGLER SHIENVOLD AND ASSOCIATES
PROFESSIONAL NEGLIGENCE
FAILURE TO DIAGNOSE
FAILURE TO PROPERLY TREAT
38 - 42. The allegations set forth in Paragraph Nos. 38, 39, 40, 41 and 42 of Plaintiff's
Complaint pertain to a Defendant other than Answering Defendant and no response is required on
behalf of Answering Defendant.
WHEREFORE, Answering Defendant, Cumberland Valley School District, demands
judgment in its favor and against the Plaintiff, together with costs of suit.
7
By way of further Answer, Defendant asserts the following:
NEW MATTER
43. Defendant, Cumberland Valley School District, incorporates herein by reference, as if
fully set forth at length, its Answer to Plaintiff's Complaint, Paragraph Nos. 1 - 42, inclusive, as
hereinabove set forth.
44. Plaintiff' s Complaint fails to state a cause of action upon which relief can be granted
against Defendant, Cumberland Valley School District.
45. Plaintiff's Complaint may be barred by applicable Statutes of Limitation.
46. Defendant, Cumberland Valley School District, is a school district organized and
existing pursuant to Pennsylvania's Public School Code, 24 P.S. §1-101, et seq.
47. Defendant, Cumberland Valley School District, is a governmental unit and/or agency
within the meaning of 42 Pa. C.S.A. §8501, et seq.
48. Plaintiff's claims are barred by reason of the fact that the allegations of Plaintiff's
Complaint against Cumberland Valley School District do not fall within any of the recognized
exceptions to governmental immunity as set forth in 42 Pa. C.S.A. §8542.
49. Alternatively, if it is found that Defendant, Cumberland Valley School District, is not
immune from this lawsuit by virtue of its status of a public school and a governmental unit and/or
agency, then its liability is limited pursuant to 42 Pa. C.S.A. §8542.
50. Plaintiff's cause of action against Defendant, Cumberland Valley School District, may
be barred because Cumberland Valley School District was not provided with notice of Plaintiff' s
claims in accordance with 42 Pa. C.S.A. §5522(a).
51. At all times relevant, Answering Defendant, Cumberland Valley School District,
fulfilled all of its duties, responsibilities and obligations as required by law.
52. Plaintiff lacks the capacity to bring this cause of action.
53. If it is found that Defendant, Cumberland Valley School District, is not immune from
this lawsuit by virtue of its status as a public school and a government unit and/or agency, then its
liability for damages is limited pursuant to 42 Pa. C.S.A. §8553.
54. Plaintiff may be barred from recovery by application of the Pennsylvania Comparative
Negligence Act.
55. Plaintiff's damages, if any, are the result of acts or omissions of individuals or entities
other than Answering Defendant, over whom Answering Defendant had no responsibility or right of
control, and for whose acts or omissions Answering Defendant cannot be held legally liable.
56. Plaintiff may have failed to mitigate his damages.
57. On or about September 22, 2000, Answering Defendant believed that Mark Jason
Wormser may have posed a safety risk to himself and/or others.
58. O~ or about September 22, 2000, Answering Defendant requested that Mark Jason
Wormser leave school and be evaluated by mental health professionals inasmuch as Answering
Defendant believed he may have posed a safety risk to himself and/or others, and that he not remm to
school until such mental health professional advised Answering Defendant that Mark Jason Wormser
did not pose a safety risk to himself and/or others.
59. On September 26, 2000, Mark Jason Wormser returned to school and presented
Answering Defendant with a letter dated September 26, 2000, from mental health professional
Melinda Eash; indicating that he was professionally cleared to return to school by Ms. Eash and a
copy of said letter is attached hereto, marked Exhibit 1, and incorporated herein by reference.
60. Upon information and belief, Mark Jason Wormser committed suicide on November
15, 2000.
WHEREFORE, Defendant, Cumberland Valley School District, demands judgment in its
favor and against the Plaintiff, Robert J. Wormser, together with costs of suit.
NEW MATTER/CROSS-CLAIM PURSUANT TO Pa R.C.P. 2252{d)
CUMBERLAND VALLEY SCHOOL DISTRICT
Vo
DOROTHY WORMSER
61. Paragraphs 1 through 60 of Defendant Cumberland Valley School District's Answer
and New Matter are incorporated herein by reference as though fully set forth at length.
62. The allegations contained in Plaintiff's Complaint insofar as they are directed to
Defendant, Dorothy Wormser, are incorporated herein by reference, without admission or adoption,
for the limited purpose of this Cross-Claim.
63. If Plaintiff is entitled to recover from any party, which recovery is expressly denied,
then Defendant, Dorothy Wormser, is alone liable to Plaintiff, is jointly and severally liable, or
liable over to Cumberland Valley School District by way of contribution and/or indemnification
the alleged negligence, carelessness, and recklessness as alleged in Plaintiff's
based upon
Complaint.
64.
If Defendant, Cumberland Valley School District, is found liable to the Plaintiff, all
such liability being expressly denied, its liability is secondary and passive to the liability of
Defendant, Dorothy Wormser, whose liability is primary and active.
WHEREFORE, Answering Defendant, Cumberland Valley School District, demands
10
judgment in its favor and against Defendant, Dorothy Wormser, for any sums that may be adjudged
against it in favor of Plaintiff; or, in the alternative, demands judgment against Defendant, Dorothy
Wormser, for contribution and/or indemnity for the appropriate part of the amount of damages and
cost awarded tO Plaintiff, if any.
CUMBERLAND VALLEY SCHOOL DISTRICT
V.
JOSE MOi'qTANER, M.D. AND PINNACLE HEALTH BEHAVIORAL SERVICES
65. Paragraphs 1 through 64 of Defendant Cumberland Valley School District's Answer
and New Matter are incorporated herein by reference as though fully set forth at length.
66. The allegations contained in Plaintiff's Complaint insofar as they are directed to
Defendants, Jose Montaner, M.D. and Pinnacle Health Behavioral Services, are incorporated herein
by reference, without admission or adoption, for the limited purpose of this Cross-Claim.
67. If Plaintiff is entitled to recover from any party, which recovery is expressly denied,
then Defendants, Jose Montaner, M.D. and Pinnacle Health Behavioral Services, are alone liable to
Plaintiff, are jointly and severally liable, or liable over to Cumberland Valley School District byway
of contribution and/or indemnification based upon the alleged negligence, carelessness, and
recklessness as alleged in Plaintiff's Complaint.
68. If Defendant, Cumberland Valley School District, is found liable to the Plaintiff, all
such liability being expressly denied, its liability is secondary and passive to the liability of
Defendants, JOse Montaner, M.D. and Pinnacle Health Behavioral Services, whose liability is
primary and active.
11
WHEREFORE, Answering Defendant, Cumberland Valley School District, demands
judgment in its favor and against Defendants, Jose Montaner, M.D. and Pinnacle Health Behavioral
Services, for any sums that may be adjudged against it in favor of Plaintiff; or, in the alternative,
demands judgment against Defendants, Jose Montaner, M.D. and Pinnacle Health Behavioral
Services, for contribution and/or indemnity for the appropriate part of the amount of damages and
cost awarded to Plaintiff, if any.
CUMBERLAND VALLEY SCHOOL DISTRICT
¥.
BELINDA EASI-I
69. Paragraphs 1 through 68 of Defendant Cumberland Valley School District's Answer
and New Matter are incorporated herein by reference as though fully set forth at length.
70. The allegations contained in Plaintiff's Complaint insofar as they are directed to
Defendant, Belinda Eash, are incorporated herein by reference, without admission or adoption, for
the limited purpose of this Cross-Claim.
71. If Plaintiff is entitled to recover from any party, which recovery is expressly denied,
then Defendant, Belinda Eash, is alone liable to Plaintiff, is jointly and severally liable, or liable over
to Cumberland Valley School District by way of contribution and/or indemnification based upon the
alleged negligence, carelessness, and recklessness as alleged in Plaintiff's Complaint.
72. If Defendant, Cumberland Valley School District, is found liable to the Plaintiff, all
such liability being expressly denied, its liability is secondary and passive to the liability of
Defendant, Belinda Eash, whose liability is primary and active.
WHEREFORE, Answering Defendant, Cumberland Valley School District, demands
judgment in ils favor and against Defendant, Belinda Eash, for any sums that may be adjudged
12
against it in favor of Plaintiff; or, in the alternative, demands judgment against Defendant, Belinda
Eash, for contribution and/or indemnity for the appropriate part of the amount of damages and cost
awarded to Plaintiff, if any.
CUMBERLAND VALLEY SCHOOL DISTRICT
¥.
JAMES EASI-I
73. Paragraphs 1 through 72 of Defendant Cumberland Valley School District's Answer
and New Matter are incorporated herein by reference as though fully set forth at length.
74. The allegations contained in Plaintiff's Complaint insofar as they are directed to
Defendant, James Eash, are incorporated herein by reference, without admission or adoption, for the
limited purpose of this Cross-Claim.
75. If Plaintiff is entitled to recover from any party, which recovery is expressly denied,
then Defendant, James Eash, is alone liable to Plaintiff, is jointly and severally liable, or liable over
to Cumberland Valley School District by way of contribution and/or indemnification based upon the
alleged negligence, carelessness, and recklessness as alleged in Plaintiff's Complaint.
76. If Defendant, Cumberland Valley School District, is found liable to the Plaintiff, all
such liability being expressly denied, its liability is secondary and passive to the liability of
Defendant, James Eash, whose liability is primary and active.
WHEREFORE, Answering Defendant, Cumberland Valley School District, demands
judgment in its favor and against Defendant, James Eash, for any sums that maybe adjudged against
it in favor of P!laintiff; or, in the alternative, demands judgment against Defendant, James Eash, for
contribution and/or indemnity for the appropriate part of the amount of damages and cost awarded to
Plaintiff, if any.
13
CUMBERLAND VALLEY SCHOOL DISTRICT
V.
REIGLER SHIENVOLD AND ASSOCIATES
77. Paragraphs 1 through 76 of Defendant Cumberland Valley School District's Answer
and New Matter are incorporated herein by reference as though fully set forth at length.
78. The allegations contained in Plaintiff's Complaint insofar as they are directed to
Defendant, Reigler Shienvold and Associates, are incorporated herein by reference, without
admission or adoption, for the limited purpose of this Cross-Claim.
79. If Plaintiff is entitled to recover from any party, which recovery is expressly denied,
then Defendant, Reigler Shienvold and Associates, is alone liable to Plaintiff, is jointly and severally
liable, or liable over to Cumberland Valley School District by way of contribution and/or
indemnification based upon the alleged negligence, carelessness, and recklessness as alleged in
Plaintiff's Complaint.
80. If Defendant, Cumberland Valley School District, is found liable to the Plaintiff, all
such liability being expressly denied, its liability is secondary and passive to the liability of
Defendant, Reigler Shienvold and Associates, whose liability is primary and active.
WHEREFORE, Answering Defendant, Cumberland Valley School District, demands
judgment in its favor and against Defendant, Reigler Shienvold and Associates, for any sums that
may be adjudged against it in favor of Plaintiff; or, in the altemative, demands judgment against
Defendant, Reigler Shienvold and Associates, for contribution and/or indemnity for the appropriate
part of the amount of damages and cost awarded to Plaintiff, if any.
14
Dated:
JanuarYs, 2003
Respectfully submitted,
GRIFFITH2~STRICKLER, LERMAN,
s?7 os A FS
BY
Robert A. Lerman, Supren'lq~our~ID #07490
Attorney for Defendant, Cumberland Valley School
District
110 South Northern Way
York, PA 17402
Telephone: (717) 757-7602
15
VERIFICATION
I, C. Roy Weidner, Jr., Esquire, hereby verify that the statements made in the foregoing
Answer, New Matter and Cross-Claims to Plaintiff's Complaint are tree and correct to the best of
my personal knowledge or information and belief, as well as reports, records, conferences and other
investigatory material made available to me. To the extent that the foregoing contains averments
which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief
that one or more of them is true, although I am currently unable, after reasonable investigation, to
ascertain which of the inconsistent averments are true.
To the extent that the foregoing contains legal conclusions or opinions, I hereby state that
my Verification is made upon the advice of counsel, upon whom I have relied in the filing this
document.
This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn
falsifications tO authorities.
JOHNSOI,~,DUFFIE~8.TEWART & WEIDNER
Dated: ~ i~ ~BY:~
C. Roy Weidner, Jr. Jerry R. Duffle
Solicitor for Cumberland Valley School District
Exhibit A
r~ ~6 O0 Ol:~lp Rie~le~=3
Riegler · Shienvold .--"'"'"'
& Associates ..........'""'
Shienvold
September 26, 2000
Ms. fulie 3'OQAS-Lau
Guidaace Counselor
Cumberlaed Valley High School
6746 Carl~slc Pike
Mechaaicsbux£, PA 17050
Elliot Riegl,=, Ph.D. (1948-[999)
A.motd T. Shienvold, Ph.D.
Melinfia Eash. M.S.
~mes ~sh. L,S.W.
Micha:l J. Ask~n. Ph.D.
Bom~ie l'low~d. Ph.D.
Amy K. K6flmg. A.C.S.W.. LS,W.
D~n Lawn.e,
Dyan~e Seymo~, DS.W.
Yeff~y P~cu~. Ph.D.
Aah Verga]~, ~C,S.~X~ L.$.W., B.C.D.
~obe~ H. Davis, Jn, M,D.
RE: Mark Wormser
Dear Ms..l'one~ -Lau,
I have been see~g Mark Wormser for psychotherapy since Aagust 2000. I -last saw Mark
this past Friday, Septm'nber 22, 2000. His paxents requested mu to cv~ltlate him: a~¢r the school
became awaxc ofa website he developed ask~ people to ~ ~ My unclersma~l;-g b, that the
school needs an opm]on as to the ri~k involved with Mark, aad the appropriateness far ldm to be
pre.~nt ~ school.
Mark i~ not showing any suicidal ideation or intent n~w. However, Mark has been
experiencing behavioral problems at home, thn:atem to runaway peviod/eatlly, and has b,en
cutting l~m.mlfpcriodicaIly since the fourth or fifth grade. As a result I have ~t up a ps-yc~atric
appointment for him Friday, September 29, ar Pinnacle Behaxdotal Health Sewices. I ant a~k/ng
them to evaluate Mark ami determine his appropriateness for participation in their partial
ho~italization program. ! think that being at school tl~ week until ti~ appointn~nt Friday is
safe for Maxk. However, it is clear he hA-a mcmal health problems he has bee~ denying and it is
posst'ble that he will deteriorate in thc futura. I am also a_~klng his pm'eras to super~e Nm more
closely at home until his situation improves.
Please c~ntact m~ if you haw: any questions or ~ future concerns arise with Mark.
Sincerely,
PsyChologist
Fax: (7171 540-1416 · f717) 540-1313 · 2151 Linglestown Road, Suite 200 · Harrisburg: Pennsylvania 171 l0
IN THE C~URT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
1
J. WORMSER (pro se) · Civil Action - Law
ROBERT
Plaintiff,
VS.
CUMBERLANI
DOROTHY WC
PINNACLE HE.
BELINDA EASi
SHIENVOLD A
AND NI
STRICKLER, L]
Answer, New M
Complaint, via t
Robert J. Worms
107 E. Portland
Mechanicsburg,
(via overnight de
Michael M. Ba&
P.O. Box 932
Harrisburg, PA
(Counsel for Jos~
Health Behavion
Belinda Eash
2151 Linglestow
Harrisburg, PA
klr/Cumberland-a:
VALLEY SCHOOL DISTRICT,
RMSER, JOSE MONTANER,
~LTH BEHAVIORAL SERVICES, :
t, JAMES EASH, AND REIGLER :
ND ASSOCIATES, :
)efendants. :
No. 02-5494
CERTIFICATE OF SERVICE
th~s'O 4- -~7~q
)W, 'g. dayofJanuary, 2003, I, RobertA. Lerman, amemberofthefirmofGRIFFITH,
~RMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the
atter and Cross-Claims of Defendant, Cumberland Valley School District, to Plaintiff's
irst class mail, postage prepaid, addressed to the party or attorney of record as follows:
:r, pro se
,treet
~A 17055
ivery)
wski, Esquire
7108-0932
Montaner, M.D. and Pinnacle
Services)
Road
7110
lm
Luther E. Milspaw, Jr., Esquire
Milspaw & l%shore
130 State Street
Harrisburg, PA 17101
(Counsel for Dorothy Wormser)
James Eash
2151 Linglestown Road
Harrisburg, PA 17110
Reigler Shienvold and Associates
2151 Linglestown Road
Harrisburg, PA 17110
GRIFFITH/~:RICKLER, LER~AN,
By:
R~bert A. "L~'rn~a~,
Attorney tbr D~f~nd~t, Cumberland Valley
School Dis~ct
110 S. No:~hem Way
York, PA 17402
(717) 7S7-.7602
JURY TRIAL DEMANDED
\05_A\LIAB\TJM~LLPG\I 14922~JMF~15000~50000
ROBERT J. WORMSER,
Plaintiff
CUMBERLAND VALLEY SCHOOL
DISTRICT, DOROTHY WORMSER,
JOSE MONTANER, M.D., PINNACLE
HEALTH BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASH and
REIGLER SHIENVOLD and
ASSOCIATES,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5494 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS OF DEFENDANT JAMES EASI-1 TO PLAINTIFF'S COMPLAINT
I. Introduction
1.
filing a Praecipe for a Writ of Summons on or about November 13, 2002.
2. Thereafter Plaintiff filed a Complaint, a 'true and correct copy of which is
attached hereto as Exhibit "A".
3. In the Complaint, Plaintiff pleads allegations of negligence against, inter
alia, Moving Defendant James Eash.
4. Plaintiff's Complaint alleges that Defendant James Eash is a professional
mental health counselor who maintains an office at 2151 Linglestown Road, Harrisburg,
Pennsylvania 17110.
5. In his Complaint, Plaintiff avers that he is an adult individual who resides
at 107 East Portland Street, Mechanicsburg, Pennsylvania 1705.';.
Upon information and belief Plaintiff instituted this cause of action by
and (3) due to Plaintiffs failure to comply with Pa.R.C.P. 101'9 and requests that this Honorable
Court enter an Order directing that Plaintiff amend his Compla4nt within twenty days and comply
with the fact-pleading requirements of Pa.R.C.P. 1019.
III.
verified by the appropriate party or parties.
whatsoever.
Defendant's Preliminar~ Obiections Pursuant to Pa.R.C.P. 1028(a)(2) Based Upon a
Lack of Compliance with Pa.R.C.P. 1024
14. Pa.R.C.P. 1024 requires that all pleadings containing averments of fact be
Plaintiffs Complaint is not verified by Plaintiff
15.
Nowhere does it appear in Plaintiffs Complaint that Plaintiff was outside the
jurisdiction of the Court and/or that his Verification could not have been supplied at the time the
Complaint was filed. Plaintiffs Complaint contains factual aw:rments which would presumably
be known by Plaintiff and these factual averments are subject to the requirements of Pa.R.C.P.
1024 which requires a Verification by the party involved.
16. Accordingly, Defendant James Eash respectfully requests this Honorable
Court grant his Preliminary Objections which seek to strike Plaintiffs Complaint based upon its
failure to comply with Pa.R.C.P. 1024, or in the alternative requests that this Honorable Court
enter an Order directing that Plaintiff supply a Verification in compliance with Pa.R.C.P. 1024
for the Complaint.
WHERFORE, Defendant James Eash respectfully requests that this Honorable Court
grant his Preliminary Objections in the nature of a Demurrer to Count 5 of Plaintiffs Complaint,
or in the alternative grant his Preliminary Objections in the nature of a Motion requesting a
pleading which complies with Pa.R.C.P. 1019; and requests that this Honorable Court grant the
Preliminary Objections pursuant to Pa.R.C.P. 1028(a)(2)
Verification in order to comply with Pa.R.C.P. 1024.
and direct that Plaintiff supply
a
DATE: r~. 25~ Z0~53 BY:
Respectfully submitted,
MARSI-IALL, DENNEI-IEY, WARNER,
COLEMAN & GOGGIN
I.D. No. 5291'g
4200 Crams Mill Road, Suite B
Harrisburg,. PA 17112
(717) 651-3505
Attorney for Defendant,
James Eas]l
ROBERT $. WORMSER,
Plaintiff
CUMBERLAND VALLEY
SCHOOL DISTRICT,
DOROTHY WOR.MSER,
JOSE MONTANER, M_D.,
PINNACLE HEALTH
BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASH,:
And REIGLER SHIENVOLD
And ASSOCIATES,
Defendants
· IN THE COURT of COMMON PLEAS OF'
:CUMBERLAND COUNTY, PENNSYLVANIA
- NO. 02-~9-,~-Cr~'lL TERM
' CIVIL ACTION .- LAW
AND NOW, comes [he Plaintiff, Robert J. Wormser, who makes claim against
Defendants Cumberland Valley School District, Dorothy Wormser, Jose Montaner, M.D.,
Pinnacle Health Behavioral Services. Belinda Eash, James Eash, and Reigler Shienvold and.
Associates, and each of them, both jointly and severally, {'or sums in excess of the
Cumberland County Jurisdictional amount requiring arbitration referral, upon the following
causes ol'action:
THE PARTIE~
Plaintiff Robert J. Wormser is an adult individual residing al: 107 'East
PorUand Street, Meel~anicsbur8' Cumberland Count)-, Pennsylvania ~7055.
DeFendant Cumberland Valley School Dis{rict, at all times material hereto,
had an office at 6746 Carlisle Pike, Meeh~tniesburg, Cumberland County,
Pennsylvania 170S0.
3. Defendant Dorothy Wormset is an adult individual and registered nurse duly
licensed to practice in rl~e Commonwealtlh ot'Pennsylvania, and resides at 369
Park Avenue, New Cumberland,.Cumb.-rJand County, Permsyivania 17070
and all times material hen:to, was employed by Pinnacle Health Systems at
theLr /'acili~ located at South Front Street, Harrisburg, Dauphin County,
Pennsylvania 17033.
4. Defendant J'use Montaner, M.D. is a physiciart duly licensed to practice
n~edicine in the Commonwealth of Pennsylvania and, at all times material
I~ereto, had an ot'tice for the practice o1: medicine at Pinnacle I"Iealth
Behavioral Services, 307 South Front Street, Flarrisburg, Dauphin County,
Pennsylvania I7033.
5. Defendant Pinnacle/:lealth Behavioral Services, a corporation, at all times
tnaterial hereto, had an ogee for the practice of medicine at 307 South Front
Street, Harrisburg, Dauphin County, Pen/u~ylvania 17033.
Defendant Belinda Eash is a professional mental health counselor and, at all
times material hereto, had an o~ice for pe'aetiee at 2151 Linglestown Road,
I'larri~burg, Dauphin County, l'Iarrisbu rg. Pennsyiva nia. 17110.
Defendant James lgash is a Professional ~ema~ h,..~,~h ~-n,elor and, at all
times material hereto, had an olfiee for practice at 2151 Linglestown Road,
Harrisburg, Dauphin County, ltarrisburg, Pennsylvania 17 i
Defendant Reigler Shienvold and Associates is a proressiona.l 'organization
licensed to practice losyeitological counseling in the Commonwealth
Pennsylvania and, at all times material hereto, had an oflrice to practiee at
2151 Linglestown Road, Harrisburg. Dauphin County, Harrisburg,
Pennsylvania i 71 i 0.
At all times material hereto Defendant Pinnacle Health Behavioral Services acted
by and through its agents, ostensible agents, employees, servants and/or
workman, including, but not limited to defendants.
10.
Il.
12.
13.
I4.
[5.
FAC'TS COMMON TO ADL_ COUNTS
Paragraphs 1 through 9 are incorporated herein as if set rorth in length.
At all times material hereto, Defendants held themselves out as skillful and
competent professionals.
On or about September 2000, Plaintifl"s minor son, Mark Jason Wormser,
was pulled from a scheduled class period and taken to a guidance counselor's
olfice allegedly to discuss a website ua which he discussed suicide.
Defendant DoroU~y Worsmer, Mark Sason Worrns~'s C0other, w~s notified
by tile school and went to Cumberland Valley High School. The school did
ao~ noti/'y plain[iffRobert Wormser. '--
After meetin§ wi[h DeFencL3nt Dorol. hy Wormser and several school
administrators. Mark Jason Wormser was forcibly removed from
Cumberland Valley l-ligh School even ~hough he reques:ed to be allowed to
re[urn to class. -
Plaintiff was led to believe by Defendant Doro(l~y Wormscr th'at his son,
Mark Jason Wormser, would be rcquired to have a Psychological evaluation
before being allowed to return to school.
20.
21.
16.
17.
18.
19.
22.
23.
A meeting was scheduled [or that same. day with Defendant Belinda Eash at
which time Plaintiff was told that an evaluation was required and was
arranged to be done by Defendant Jose Moataner, M.D. at the Pinnacle
Health Behavioral Services on the following Monday.
Defendant Dr. Montaner had to reschedule thc evaluation for the following
Friday.
Plaintiff, Defendant Dorothy Wormser, Defendant Dr. Montaner, an
unnamed nurse and Mark Jason Wonnser were present al: the evaluation
which lasted less thaa. a.a.ilac_U) hour.
After a few minutes of questioning, Dr. Montaner told Mark W'ormser that
his choice was to voluntari!v commit hhns.:lf..or to be committed by Dr.
Montaner to an institution.
Both ihe Plaintiff and his son were led to believe that this commitment would
be for an indefinite period of time.
Mark Wotmser agreed {o daydme services to avoid full time inpatient
commitment at an institution.
Mark Wormser was comn~tted to a daytime program through Pinnacle
Health Behavioral Services which was to include couns~eling, medication
regulation and continuing schoolwork. ~
Mark Wormscr's perception of lite program was that it was abusive in that he
was physically restrained.
24. Plaintiff and De£endant Dorothy Worrnser were told by a female counselor
employed by Pinnacle l-Iealth Behavioral Services that even though Mark
could sign himselfout of the program that fact should Ix: kept from him.
25. Mark Wormser was put of Prozac. B~ause the doctors and/or staff had
forgotten to increase his dosage of Prozac when it should have been. i~e was
made to stay in the program for an extra day.
26. The belief tlmt the programs would Ix: elIi:ctive kept friends silent who noticed
his increasing depression du ring the cour.,~e of his treatment.
As a further direct and proximate result of the carelessness and/or negligence of
Defendant Pinnacle Health Behavioral S~rvices, as described in the foregoing paragraphs of
tiffs Complaint, Plaintiffhas suffered in the past, and will continue to suffer in thc future,
excruciating and agonizing met~tal anguish.
27.
28.
29.
COUNT I
R{~}~_.,L.~.ORMSER_v. CUMBERLAND VALLIj__Y
.,~LCH O O L DISTRICT
NEGLIGENC~
Paragraphs I through 26 arc incorporated herein as ifset, forth in length.
By 'ejecting Mark Jason Wormser from school without any infraction of
school rules or regulations on his part, Cumberland Valley School District
improperly denied him access to an education, to which he was entitled.
Ejecting Mark Jason Wormser from school surrounded by several school
administrators caused him great embarrassrnen{ and public humiJiation.
WHEREFORE, Plaintiff prays that this Honorable Court will find in favor of
Plain[iff and against Defendant Cumberland Valley School District in an amount in excess
of the Cumberland County Jurisdictional amount requiring arbitration referral with lawful
interest thereon and costs ofsuit and brings this action to recover same.
COUNT 1I
ROBERT $. WORMSER v. DOROTHY WORMS~R
NEGLIGEN(~F, AN..D IMPROPERLY' CARING FO_R A MINQR CH[L~
30. Paragraphs 1 through 29 are incorporated herein as if set forth in length.
31. Defendant Dorothy Wormser did improperly care rot Mark Jason Wormser
in that she:
a. failed lo inform Plaintiffofhis drug use;
b. repeatedly delayed his going to bed so that she could continue to play
games on [he computer in his room;
c. repeatedly belittled him in front of tlunily and friends;
d. conspired with her employer, Pinnacle l{ealth Services, to deny Mark
his legal rights to sign himseifou! of their program.
As a further direct and proximate result o1' tile care[essnes~ and/or negligence of
Defendant Pizmacle Healtl] Behavioral Services, as described in the foregoing paragraphs of
this Complaint, Plaintiff has suffercd in thc past, and will continu~ to suffer in the future,
excruciating and agonizing men(al anguish.
WHEREFORE, Plaintiff prays that
Plaintiff and against Derendanl Doro[hy
this Honorable Court will find in favor of
Wormscr in an amount ill excess Of ltle
Cumberland County Jurisdictional amount requiring a~rbitration referral with lawful interest
thereon and costs of suit and brings this action to recow:r same.
32.
33.
COUNT Ill
ROBERT J'. WORMIER v. JOSF- MONTAN£R. M.D,
pROFESSIONAL NEOLJ'.OENCIq.
FAILURE TO PROPERLY 5;UPERV~[S~
Paragraphs I through 31 are incorporated herein as if set forth in length.
Defendant lose Montaner, M.D. was guilty of carelessness and/or negligence'
in the care and treatment of Mark Jason Wormser both generally and in the
folloxving particular respects:
a. failing to properly supervise those to whom authority was given to
de{'ermine if proper care was given to Mark Jason Wormser;
b. failing to properly prescribe and monitor medications given to Mark
Jason Wormser;
c. di.agnosing without adequate evaluation;
d. after prelimi,~ary evalualion of Mark Jason Wormser's mental status,
failing lo properly prescribe appropriate measures for his care and
treatment;
e. improperly delegating Sl:a:eific care grad treatment of him to others;
failing to properly supervise those ilo whom autllority was give with
regard 1o his care and treatment;
g. using inadequate and inappropriate methods, techniques or
procedures;
h. failing to advise Plaintiffand his ,'ion of proposed treatment that was to
bc performed on Mark Jason Wormser and failing to disclose the
significant and material risks of tl~e recommended treatment and/or
failing to advise Plaintiff and his son of the existence of alternate
methods of treatment;
i. carelessly encouraging Mark ~Tason Wormser's family and friends to
fei), upon treatment and to I-.ave unreasonable expectations of his
recovery'; and
denying his rights by coercing him into an ineffective course of
treatment.
As a further direct and proximate result of the carelessness and/or negligence
of Defendant Pinnacle I'[caltlx Behavior,~l Service:;, as described in the
foregoing paragraphs of this Complaint, Plaintiff has suffered in the past, and
will contin, ue to suffer in the future, excruciating and agonizing mental
anguish.
W]~IEREFORE, Plaintiff prays that this Honorab{e Court will find in favor of
Plaintiff and against Defendant Jose Montancr, M.D. in an amount in excess of the
Cumberland County Jurisdictional amount requiting arbitration referral with lawful interest
thereon and costs ofsuit and bring.~ dti$ action to recover same.
COUNT IV
ROBEIg_T_ J. WORMSER v. PINNACLEH. EAL.TId
BEHAVIORAL ~ERYICES
NEG_LIGENG~
FAILURE TO MONITOR, PATIENT
34. Paragraphs I through 33 are incorporated herein as if set forth at length.
35. Defendant Pinnacle Health Behavioral Services owed patient, Mark Jason
Wormser, a duty to use reasonable care i~.a his treatment.
36. Defendant Pinnacle Health Behavioral Services breached thi.~ duty in the
following respects:
a. failed to adequately staff to insure that patient would b~ adequately
monitored;
b. failed to select and retain only competent personnel; and
e. failed to insure that medicatiorks a,dmini$£ered would be'administered
properly.
37. As a further direct and proximate result of' thc carelessness and/or negligence
of Defendant Pinnacle l.Iealth Behavioral Services, as described in the
foregoing paragraphs of fl;is Complaint, Plaintiff has suffered in thc past, and
will continue to suffer in the future, excruciating a~d agonizing mental
anguish_
WItEREFORE, Plaintiff prays that this Honorable Court will find in favor of
Plaintiffand agah~t Defendant Pinnacle Health Behavioral Services in an amount in excess
of the Cumberland County J'urisd~etionai amount requiring arbitcation refefi'al with lawful
interest tlmreon and costs ofsuit and brings this action to recover same.
~$.
39.
COUNT
ROBERT J_ WORMSER v. BELINDA EASH. JAMF.~S_F~SH,
AND REIGI~,ER SHIE_NVOLD and AssoC[ATE.q
PROFESSIONAL NEGL_IlGENCE
FAILURE TO DLAGNQSE
FAILURE TO PROPERLY' TIt~AT
Paragraphs 1 through 37 are incorporated her~in as ifset forth at length.
Defendants Belinda Eash, James Eash, a,ad Reigler Shienvold and Associates
were guilty of carelessness and/or negligence in the care and treatment of
Plaintiff and Plaintiff's son, Mark J'ason Wormser both generally and in the
following particular respects:
a. /'ailing to properly diagnose the co,~diti~on of Plaintiffand Plaintiff's son;
b. failing to consult other professionals to ensure a proper diagnosis and
treaunent;
c, using inadequate and inappropriate methods, techniques or procedures;
d. failing to advise fully of lite proposed treatment, and failing to disclose the
significant_ ,. and. material r[sks of' the recommended treatment and/or
failing to advise Plaintiff and Plaintiff's son of the existence of alternate
methods of Lreatment; ..,.nd
'carelessly encouraging Plaintiff and Plaintiff's son to rely upon treatment
and to l~ave unreasonable expectations of their recovery.
40.
Defendant James Eash failed to withdraw [Yom treating Plaifitiffor~ce conflict
arose regarding Plaintiff's beliefs that Mark Jason Worms_e_r._.was receiving
incompetent treatment by associate, who is also James Ea$1t's wife.
41. Defendant Reigler Shienvold and Associates failed to recognize and correct
significant conflict pi~ interest caused by aIlowlng personnel to reassure
Plairitiff of appropriateness of ,Mark Jason Wormser's treatment while
Plaintiff c.omplainext that he believed arid therefore averred [hat Mark's
condition was worsening due to the treatment he was receiving.
42. As a turther direct and proximate result of'the carelessness and/or negligence
of Defendant Pinnacle Health Behavioral Services, as described in the
fore'going paragraphs of/ills Complaint, Plaintiff has suffered in the past, and
will continue to surf'er in the ruture, excruciating and agonizing mental
anguish.
WEIEREFORE, Plaintiff prays that this Honorable Court will find in t'avor or
Plaintiff and against Det'eeldants Belinda Eash, Jame; Easi~ and Reigler Shienvold and
Associates in an amount in excess pt' the Cumberland County Jurisdictional amount
requiring arbitration referral with lawful interest thereon and'costs or suit and brings this
action to recover same.
Respectfully submitted,
. Worm~
CERTIFICATE OF SERVICE
! hereby certify that on this date ! s~rvo~l a tzue and correct copy o~' thc foregoing
Complaint on all counsel of record by depositing same in the United States mail at
Mech~'nicsburg, Pennsylvania, first-class postage prepaid and addressed as Follows:
Luther E. Milspaw, Esquire
Milspaw & B~hore
130 State Street
Harrisburg, PA 17101
(Counsel for Defendant, Dorothy Worm.set)
Robert A. Lerman, Esquire
Griflith, Stricldcr, Lerrnan
Solymos & Calkins
110 South Norther Way
York, PA 17402
(Counsel for Defendant, Cumberland
Valley School District')
Michael M. Badowski, Esquire
Margolis Edelstein
3510 Trindle Road
Camp l'lill. PA 17011
(Counsel for Defendants,
Jose Monmner, M.D. and
Pinnacle Health Behavioral Services)
Belinda Eash
James Eash
Reigler Shicnvold and Associates
2151 Linglestown Road
Harrisburg, PA 171 I0
(DeFendants)
/- 3-o2
$. Wot* ..~r'
ROBERT J. WORMSER,
Plaintiff
Vo
CUMBERLAND VALLEY SCHOOL
DISTRICT, DOROTHY WORMSER,
JOSE MONTANER, M.D., PINNACLE
HEALTH BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASH and
REIGLER SHIENVOLD and
ASSOCIATES,
Defendants
IN THE COURr OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5494 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do
hereby certify that on this(3~~th day of January, 2003, served a copy of the foregoing document
upon Plaintiff via Certified Mail; all other parties to this action were served via First Class
United States mail, postage prepaid as follows:
Via Certified MailfReturn Receipt
Requested
Robert J. Wormser, Esquire
107 East Portland Street
Mechanicsburg, PA 17055
Luther E. Milspaw, Esquire
Milspaw & Beshore
130 State Street
Harrisburg, PA 17101
Attorney for Dorothy Wormser
Robert A. Lerman, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York, PA 17402
Attorney for Cumberland Valley School
District
Belinda Eash
2151 Linglestown Road
Harrisburg, PA 17110
Michael M. Badowski, Esquire
Margolis, Edelstein
3510 Trindle Road
Camp Hill, IDA 17011
Attorney for Jose Montaner, M.D. and
Pinnacle Health Behavioral Services
Adam M. Sl:denvold, Esquire
Eckert, Seamans, Cherin & Mellott, LLC
213 Market :Street, 8th Floor
Harrisburg, ]DA 17101
Attorney for Reigler Shienvold & Associates
-(xJ~oanne M. Pan'
\05_A~LIAB\TJM\LLPG\I 14907XJMl~15000X50000
ROBERT J. WORMSER,
Plaintiff
Vo
CUMBERLAND VALLEY SCHOOL
DISTRICT, DOROTHY WORMSER,
JOSE MONTANER, M.D., PINNACLE
HEALTH BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASH and
REIGLER SHIENVOLD and
ASSOCIATES,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5494 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL D'EMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant,
James Eash, only, in the above-referenced matter.
DATE: ,~J, 2 '~,, ~f~35 BY:
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER~
COLEMAN & GlO.GIN
TIMOTI!tY J. ~cfl~IAHON, ESQUIRE
i.D. No. 52918 v
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3505
Attorney for Defendant,
James Eash
ROBERT J. WORMSER,
Plaintiff
Vo
CUMBERLAND VALLEY SCHOOL
DISTRICT, DOROTHY WORMSER,
JOSE MONTANER, M.D., PINNACLE
HEALTH BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASH and
REIGLER SHIENVOLD and
ASSOCIATES,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAN-D COUNTY, PENNSYLVANIA
NO. 02-5494 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL iDEMANDED
CERTIFICATE OF SERVICE
I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do
hereby certify that on this~''~ day of January, 2003, served a copy of the foregoing document
via First Class United States mail, postage prepaid as follows:
Robert J. Wormser, Esquire
107 East Portland Street
Mechanicsburg, PA 17055
Luther E. Milspaw, Esquire
Milspaw & Beshore
130 State Street
Harrisburg, PA 17101
Attorney for Dorothy Wormser
Robert A. Lerman, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York, PA 17402
Attorney for Cumberland Valley School
District
Michael M. Badowski, Esquire
Margolis, Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Attorney for Orose Montaner, M.D. and
Pinnacle Health Behavioral Services
Belinda Eash
2151 Linglestown Road
Harrisburg, PA 17110
Adam M. Shienvold, Esquire
Eckert, Seamans, Cherin & Mellott, LLC
213 Market S~treet, 8th Floor
Harrisburg, PA 17101
Attorney for Reigler Shienvold & Associates
eM. Parr
POST & SCHELL, P.C.
BY: JOHN R. KANTNER
I.D. #:75741
1800 JOHN F. KENNEDY BLVD.
PHILADELPHIA, PA ! 9103-7480
215-587-1000
ATTORNEYS FOR DEFENDANT
MELINDA EASH
ROBERT J. WORMSER
Plaintiff,
CUMBERLAND VALLEY SCHOOL
DISTRICT, DOROTHY WORMSER, JOSE
MONTANER, M.D., PINNACLE HEALTH
BEHAVIORAL SERVICES, BELINDA
EASH, JAMES EASH, and REIGLER,
SHIENVOLD AND ASSOCIATES
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION - LAW
NO: 02-5494
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
To the Prothonotary:
Kindly enter my appearance on behalf of Defendant, Melinda Eash, incorrectly identified
as Belinda Eash in Plaintiff's Complaint, in the above-matter.
Dated:
Post & Schell,,P.C.
By:///~ohn R. Kantner
CERTIFICATE OF SERVICE
I, John R. Kantner, Esquire, attorney for Defendant Melinda Eash,. hereby state
that a tree and correct copy of the foregoing document(s), sent by first-class mail, postage
prepaid on the date set forth below, was served upon the following individual(s):
Robert J. Wormser
107 East Portland Street
Mechanicsburg, PA 17055
Luther E. Milspaw, Esquire
Milspaw & Beshore
130 State Street
Harrisburg, PA 17101
Robert A. Lerman, Esquire
Griffith, Strickler, Lerman
Solymos & Calkins
110 South Northern Way
York, PA 17402
Michael M. Badowski, Esquire
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Timothy J. McMahon, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crams Mill Road, Suite B
Harrisburg, PA 17112
By:
Post & Schell, P.C.
~t//zhntorn~y ~oanr t~)ejfendant Melinda Eash
POST & SCHELL, P.C.
BY: JOHN R. KANTNER
I.D. #:75741
1800 JOHN F. KENNEDY BLVD.
PHILADELPHIA, PA 19103-7480
215-587-1000
ATTORNEYS FOR DEFENDANT
MELINDA EASH
ROBERT J. WORMSER
Plaintiff,
CUMBERLAND VALLEY SCHOOL
DISTRICT, DOROTHY WORMSER, JOSE
MONTANER, M.D., PINNACLE HEALTH
BEHAVIORAL SERVICES, BELINDA
EASH, JAMES EASH, and REIGLER,
SHIENVOLD AND ASSOCIATES
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION - LAW
NO: 02-5494
JURY TRIAL DEMANDED
ORDER
AND NOW, this day of ,2003, upon consideration
of the Preliminary Objections ofMelinda Eash, improperly identified in the caption as Belinda
Eash, it is hereby ORDERED that said objections are granted. It is FURTHER ORDERED that
all claims against Defendant Melinda Eash are dismissed, with prejudice.
By the Court:
Jo
POST & SCHELL, P.C.
BY: JOHN R. KANTNER
I.D. #:75741
1800 JOHN F. KENNEDY BLVD.
PHILADELPHIA, PA 19103-7480
215-587-1000
ATTORNEYS FOR DEFENDANT
MELINDA EASH
ROBERT J. WORMSER
Plaintiff,
CUMBERLAND VALLEY SCHOOL
DISTRICT, DOROTHY WORMSER, JOSE
MONTANER, M.D., PINNACLE HEALTH
BEHAVIORAL SERVICES, BELINDA
EASH, JAMES EASH, and REIGLER,
SHIENVOLD AND ASSOCIATES
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION - LAW
NO: 02-5494
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS OF
DEFENDANT MELINDA EASH
(incorrectly identified as Belinda Eash)
AND NOW comes Defendant Melinda Eash, improperly identified in the Complaint as
Belinda Eash), by and through her attorneys, Post & Schell, P.C., and for her Preliminary
Objections to the Complaint, states as follows:
1. This is an action in professional liability, alleging negligence against the several
Defendants for unspecified injuries and damages. A copy of the Complaint is attached as Ex. A.
2. As alleged, Defendant Mehnda Eash ~s a professional mental health counselor,
practicing in Harrisburg, Dauphin County, Commonwealth of Pennsylvania.
3. Plaintiff Robert J. Wormser is apparently pursuing this litigation in his individual
capacity.
4. The factual averments set forth in the Complaint are directed entirely to
interactions between Plaintiff's minor son, Mark Jason Wormser, and Defendants other
moving Defendant Melinda Eash.
5. Count V of the Complaint is a claim entitled "Professional Negligence, Failure to
Diagnose, Failure to Properly Treat" against moving Defendant, another individual and a
professional corporation.
6. In paragraph 39 of Count V, Plaintiff contends that the above Defendants were
guilty of carelessness and/or negligence in treating both plaintiff and plaintiff's son, "both
generally and in the following particular respects":
a. failing to properly diagnose the condition of Plaintiff and
Plaintiff's son;
b. failing to consult other professionals to ensure a proper
diagnosis and treatment;
c. using inadequate and inappropriate methods, techniques
or procedures;
d. failing to advise fully of the proposed treatment, and
failing to disclose the significant and material risks of the
recommended treatment and/or failing to advise Plaintiff
and Plaintiff's son of the existence of alternate methods
of treatment; and
-2-
eo
carelessly encouraging
rely upon treatments
Plaintiff and Plaintiff's son to
and to have unreasonable
expectations of their recovery.
gee Exhibit "A" at Paragraph 39.
7. It is further alleged that Plaintiff has suffered past and future "excruciating and
agonizing mental anguish", which is apparently the sole damage claim in this litigation.
I. Demurrer to Negligence Claims - Legal Insufficiency of a Pleading:
Pa. R.C.P. 1028(a)
8. To the extent that Plaintiff Robert J. Wormser is asserting a cause of action in
negligence against moving Defendant, Plaintiff has failed to state a claim or cause of action for
which relief can be granted.
9. To the extent that Plaintiff Robert J. Wormser is asserting a claim for negligent
infliction of emotional distress against moving Defendant, Plaintiff has failed to set forth a claim
or cause of action for which relief can be granted.
WHEREFORE, Defendant Melinda Eash respectfully requests This Honorable Court
grant the within Preliminary Objections, and order that all claims against her be dismissed with
prejudice.
II.
Motion to Strike for Failure of a Pleading to Conform to Law or
Rule of Court: Pa. R.C.P. 1028(a)(2), Pa. R.C.P. 1019(a)
10. As set forth above, Count V of the Complaint is a claim in negligence against
Defendant Melinda Eash, and others.
11. The averments set forth in the Complaint as a whole fail to specify any
involvement whatsoever by moving Defendant in any professional services provided to Plaintiff
-3-
Wormser, who is bringing this action in his individual capacity only. Similarly, there are
no facts which set forth any professional services provided by moving Defendant to Plaintiff's
son.
12. Pa. R.C.P. 1019(a) requires that the material facts on which a cause of action or
defense is based shall be stated in a concise and summary form.
13. Plaintiff has failed to comply with the mandates of Rule 1019(a), and therefore
the claims should be stricken with prejudice.
14. Additionally, plaintiff has failed to attach the appropriate verification to the
complaint, in violation of P.A.R.C.P. 1024.
WHEREFORE, Defendant Melinda Eash respectfully requests This Honorable Court
grant the within Preliminary Objections, and order that all claims against her be dismissed with
prejudice.
III. Alternative Motion to Strike for Lack of Specificity of Negligence
Allegations: Pa. R.C.P. 1028(a)(3), Pa. R.C.P. 1019(a)
15. As an alternative to the above objections, Count V of the Complaint purports to
set forth a cause of action of professional negligence. The averments of negligence set forth in
paragraph 39 of Count V are vague, non-specific and open ended, and in violation of the law of
this Commonwealth as set forth in Connor v. Allegheny General Hospital, 461 A.2d 600 (Pa.
1983), and other caselaw.
15. Due to the lack of specificity of the negligence allegations in their entirety,
Defendant Melinda Eash is unable to properly respond to the Complaint or to otherwise prepare
a defense to these allegations.
-4-
WHEREFORE, Defendant Melinda Eash respectfully requests This Honorable Court
grant the within Preliminary Objections, and order that all claims against her be dismissed with
prejudice.
Dated:
By:
Respectfully submitted,
Post & Schell, P.C.
/J6hn R. Kantner
Attorney for Defendant Melinda Eash
-5-
..... S7L _ _
Ri~h~Fa~i
ROB ERT .r. W'ORM, SBR,
Plaintiff
CUMBERI;AND VALLEY
SCIIOOI. DISTRICT,
DORO'I'H Y WOR.M. SER,
JOSE MON~T. ANER, M.D.,
P[2~NACLE I-IEALTft
BEHAVIORAL SERVICES,
' tN TIEE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, FENNSYLVANLA
02-5..~"..CIM l L TER[Vl
8ELiNDA EASH, JAMES EASH,:
And REIGLER SEU_ENVOLD - CIVIL AcTioN - LAW
Aud ASSOC/ATES, -
Dereudants ·
_COMP L Al'I9 T.
AN;.) NOW, comes the Plaice:iff', Robert 0'. Wormser, who rna~s
Derenc'an,:r Cumber:and Valley School District, Dorothy Worrier, Jose Mon. taaer, M.D.,
-P' r._-.aci-- H vl,Y Ee%vivra! Se-vices. Beiind~ E~h, James Eash, and Reigler Shiznvo!d and
.a.<o-,,.-,,~.. ~..,, earh o.~ them. bc:h ioindv and severally. /er sums in exees~ of the
C'.., rabcr'_a n.l Coun::,, JurisdicdzP, al amou nc requiring arbi~fion referral', upon. the b!towL~
ca~se~ el' a:.tion:
T~r,_E VA RTL~S_
!. Pb_indff Rube.~ 3'. Wormser .is ~n aclutt individua! rcsiding a,~ 1~7 .~r
Poruta~d Str~, Meehanics~rg, Cum~rlau~ Count, Pe~yiv~a ~.7~.
2. DeFendant ~mberland Vat~ School District, at ~tl tim~ matcriat ~retc
had an o~ce at 6746 Carl~le 'Pike, MechaMcsburg, CumberMn~
Pennsylvania . 7.,50.
USU
671 735!
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De['e.,xdant Dotut;'.y Wormscr _% ar. adu!t indivi::War and registered nurse
licensed co pracdc¢ in tl~e Commonwealth or ~ennsyI~z.
Park Avenue. New Cumberland, Cumberland Count, PcnnsyNao~a 17~70
and all timea m~er[ml kere~, w~ employ~ by Pinuac~
thek ~cili~ locat~ ac South Front Strew, Harrisburg, DaUphin Co,nb',
Pen~yiv~nla 17033.
Defeni~n~ J~ M~c..~ncr, M.D. :s ~ physician duly
m.d~' ' .... .... in '".n_ ~ _ommonwea,m of Pe~ylvaaia and, at zE ~Pme; matedal
kt"c.:L [l~.d zr. o~ce ~or ~he p~ice ef medicine at Pinnac!e
Be ev.'.3-z~~e.~ ~;~'._~, 307 South Front S~reet, Harrisburg, Dau:3hin, Cou~zy~
Fenv3yl~aaia 17033.
Dcrend~c Finnas~c Eca~ Be~io~al Semite, a corporation.,
m~:eri~l hereto, had an o~ee loc the peacOce of medicine a~ 307 SouLh ?rom
Street, Harrisburg. Dzuplfin ~cnty, PennxylvaaJa 17031
D~f~nt Belinda Em~ ~s a pre~slon~l mental healtlx coume[oe and, a; a~l
[im~ material hereto, had an o~ce for pracd~ at 2151 Ling{e~town l~oad,
H;,rri;~,_rg, ~auphLn Course. [{arris~rg, Fennsytvania L7 t ~0.
73,:;:cr::~:m~ J~n:.~ EaSeL is a ~'rof~sional mental h~l!h counselor and. at al~
L :n,'~ ~ .~riz{ /:.et,:. ha.:[ ~. otz~ [c~ prectke at 2~51 Li~a~,n Road,
[z . :. :urn, DauFhin C,un~', .Eerri~burg, PcnasTIvan:~ 171 [0. '~
Deren~nr Reigler Shienvold and Associates ~ e profess~oaa.l 'organiz, ticn
lite,cd LO pr~tlCe-psyclloI~ica( cou~eling in the Commonwealth
Pennsvlvsnla ~:d, at ~1. times ~:eria[ berne, had aa o~ce
67! 7~1 p~GE.~z
The St, P~I 1/13/2003 4-51 PM PAOE 6115
RigktYax
213' Llngle.qo-^'n ;.oaf, lqardsbu:g Dauphin County, Hm'fiaburg,
Pexr.?,"vzoia 17' '.O.
A~ ali time~ .material ~rcto De~ngam Pinnaet: Health Behavioral S~ic~ amcd
by ~nd through its agent, ostens;bl¢ a~nu, emp!oye~, semanU and/or
v, orkmn, in:furling, but not limited ro ~ren~anm.
FA__C~ CO~4ON TO ,.A3.J.; CO,UNT5
! 1. At a'.l ~m~ ma~eri~l hcrmo, Dercnd~n~ l~etg themSel'~ ou[ as skillf,A and
i? 9" or ~OW. SeotemSer 23~0. P~ln~i~'~ re;rot son, Mark J~qon Wormser,
o=~..' -h.~:C v ?: 4~c. :s e. we~sk~ on wl~ic~ he eisc~sed sui.!Jc.
13. D=fzr:~ant Pvrct:~y Wormser, Mark Jason Wcrmser's mctEer, was noticed
by the school zed wen~ to Cumberland Valley Nigh School. ~e school did
no: notify plaimiffRob~r: Worn,er
!~. A~.e: meeting wi~ Oeren~nt Dorothy Worm,er a~ sav=m', scho::
adminktmtor~. ~ark J~son Wormser ~'a~ forcibly :emov~ from
Cumberland ValDy l-ligh School eu:n though he requested to be al/owed m
Plaintiff wa~ lcd to ~:icve ky Defendant Domfl~y Worms~r r~r Pis son,
M.~-P Jason Wo-w~er, would ~e required to ha~e a psycbo!ogical evaluation
'~:'. _:': being ,lk, wed t¢ ~tum to sch¢ol.
J'AN J! '87 !~:5.6
je['-
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17.
19.
21.
22
A m~cting was scheduled for tha~ ~arne day with Defcndan~ Belinda ]Sash at
wkicl~ time Plaintiff was ~ld that aa evalua:ion ~as ~q~ircd and w~
arra~ to be done ~/ D~[endanl Jose Moa~net, M.D. at ~c Pinnacle
Health Behavioral Semic~ on the following Money.
Darendanl De. Montaaer had lo t~cheduI~ d~e ~alua~on rot the
~.naned n,arse and Mark J~on Wormier ~'ere pr~ent at the
w'~ich las:ed· !~z. th~. one (1) naut.
A~er a few minttt~'or questioning, Dr. Monan:r Colfl Mark Wormier
his choice was to 9olonarily eommi~ l:i~e!~ or m De commiue~ by
be for an indefi~te peri~ offimm
Mark Wormier agreed to ~ayti~e ~iccs :o avoi~ fuel time
commitment ar an
Marl: Worms:~ wa~ commYtmd to a daytime program d:rough Plnr, ade
~- ".,'a'.ion ',nc' .:~dnuiq3
M".rl. 'a' o-re. .... -' ' = F-~ "'"';-~r ..on or th,¢ p ro~,a m wa; that ir was a~agve ia ~:
v:~ physically
The $t. Pau
671
Paul 1-/13/2003 4:S1 PM PAGE 8/25
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24. .Plain6P/' and DeFendant: Dor¢~h.y 'Worrrl~ee were told by a Cemale counselor
employed, by l:'innaele ["Ieatth Behavior~l Servicm ~:h~t even ti'tough M~rk
could ~ign himself' out o~' fl-.,e program :hat fact iho=ld be lo:pt from him.
3.5. Mark' Wormser was put of Prozac. Bo:a=: :he doctors and/or stag had
for_eo:£en to in:re--~e i-.is dos~e or Prozac when it ,,;l:ould m%ve been, he was
26. Tke b=lief tba= the programs would ~ etTe,::£i~,'e kept friends si[enr who noticed
his increasing depression during the course of his treat,'nen~.
^~ :~ fucc~e.r direct an0. pro×imate result of the ca~le~ne~ ar.d/or n:gligence of
Defendant ~'innacle Heald'~ Behavioral Service:, as de,ct;bed in ti~e foregoing paragrapl:s or
Complain:, Plaintifl'l~s suffered in the past, and ,-,irt con['inue to suger in the f'amre,
e,xcruC~tin4 ~n~ agonlz~ng memal artguisb.
27.
28.
29.
COUNT 1
J~,O_.I.?,RT J. ~.VO~,~ '~-_~UMBERLAN~D VA I.I.~Y
NEGLIGIJNCE
.Pareg,aphs I through 26 ~cc in~rpoca~ed herein a~ if see ro~.A in I~gd~.
5v ~?c,ing M~rk ~ascn Wormser from sc~ooI without any i~uctJon of
sckoo: mira or rcwalztio~s on Ns pare, Cumberland %tley ScNoo! District
im~perly deni~ lfim access ~ an education, to whkh he wax ¢atit!~.
Kkcdng Mark Jason Wor~er f~m school su~ounded by several sckoo'.
administrators caused lli~ great embattas~mee, t and pub{ir humilia!ion.
~1Slt21~1~S 15:22 B71-7351 T~-E ST P~UL
The St. P&ul 1/131200B ~:~.1. ~M PAGE 9115
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WHEREFOF, E, Pla:nEff prays tho: this Honorable Court wi] find in favor of
Pl~intitY anti against DeFendant Cumberlaqd 'Valley School District in an amount in excess
o[ the C,~mberland. County Juei~dlctlona! amouw, requi, dng arbitration r¢~rcfral w;th lawful
interest ~'zerecn and. costs ofsuk and brings this action to recover
COUNT H
30. Fara~aphS 1 mrough 29 are incorporaied he.in as i~5e~ [o~ ia length,
De~ndant D~rothy Worm,er did improperly care [~r M~rk Jason werm~e'r
'~ats~~) ~byed his going to bed so fl~a~5he could c,>ntinze't
8am~ en the computer in ~ room;
e. repeatedly bellttlea ~m in [roar of [amily and friend;
d. cowbird wkh her employer, Finnaele Itea~et~ Se~i~s, to deny Mark
Iris te~l rights to s~n himself out of their program.
As ~ furu~ di~t and pmxtmate msuk oY d~e c~rel~s~ ~d/er negli~nc~ ~'
Defendant P~v. nadc H~hh Behavioral 5et~iccs, ~ d~eribea in me foregoing paragra~hs.o7
this Complaint, P[ainUff t~$ suffered in the past, an~ will comi~ue to suffer in the
~e~c~;n,~ and agonizin8 men~l
WEII;P.I-'t'~ItE. Picky:iff p~y~ d~?: tYa Honorable Court w'.l' Fnd in taro; o
uec
01/31/2803 15:22 S7!-7S51 TNE B' PAUL
~h~ ~t, ~ul 1/i3t2008 4:51 PM PAGE 10/15
Cumbecland County ffudsdictiun~I amoum retluiring arbitration rct'erra~ with law£~l in:ere.sc
thcreon ami c~sb of suit andbrings this action to ~ecover same.
32.
33.
CO LINT ~! I
ROI3ERTJ. WOR_ M.SER. v. J_OSI~ ~ON'I-ANI:]JK ~.D.
~RO F£S_SIO N AL_~_EG~IG ENC~
F~U~ ~QPERLY ~PERVISE
Paragraphs 1 tt~ougb ~1 are incorporated herein as itse~ term in length
Dz~ndant Jme Mo~mner. M. D, w~s g~l~ ot ~re[~s n~s and/or negligence
~ollcw~g particuhr
falling to pro~er~y supe~ise those to whom a~thor~ was
~e~es .... n. iFproprr c~se w~ given to M~ rk ~ason Wosmser;
di~gnosia~ wi[hout aCeq~a~ evaluation;
at:er p~l;mir, a~ zvaluation of Mark 3ason Wormsct's , '
fa~liag TO p~p~tly pr~ri~ appropriate meas~t~ for his ~r~ and
t~atment;
improperly del~ting apecific care and trea~ent or him te
falling co properly supe~ise fl~ose ~ whom aa~:cd~ was ~ve with
teg~r~ ro his care and trealment;
using iaa~quate and inapproprht~ metho&, t~ch~iqu~
T~e St. Paul
A0
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Il. Failiog to advise Plaindffan~ kg son ot' proposed treatment tha~, was to
b: per[or.,~d on Mark ~ason Wormser and FaUing to d~close
faUing ~ advise Ptzintiff and his son oF the existence of al~r~
me~o& of tr~tment;
i. c~re'.e~sI:.' c_~our~l~ Mark J~on Wormser's fa~ly and trirn~ to
recover: and
~ a 6urther di~c~: and proximate resuk oF ti'~c carelessness and/oF
ot Defendam Pinnacle I-lea!th Be!~aviotal Se~ic~, as ~scdbed.
foregoing p~ragr~phs oF rl~ ComplainL Plaind~ has suffered in ~e p~st. and
will condauc to ~u~r in the Future, excruciaEng and agouizing men~I
angus,.
%V][FP. EFOP~', P . n.l.~ yca~ d~t this [~onorabl~ Co,Jrt will find in
C-j:ub-:,c'a mJ Coun ~' Zuris d~cticna 1 ~mount re~mU~ing arbitm6o n referral wit h law roi in.rest
tffercon ~ d cysts oFsuir and brings tiffs action ~v recover same.
67! v75! :~GE.C.-
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COUNT IV
~j~RT LW 0 R/~I$ EK.¥,3? ~N__YAC LEJR Sx~ LTH
F~U ~TO~ ON ~O_R_~ A~E N T
Sa. Pa ragr~p~ 1 [htcugh 3] are ir:orpom[ed herein as ~f se~ Forth at length.
35. D~endaa~ P;nnaa!e H~ald~ EeMvloral $c~ic~ owed patient, ~ark Jason
Wormser, a du~ to use reasonable care {n ~ls
fOEOWi~ r~pcc~:
f~l]~ to ed~q,aa~ly sta~ ~o insure leal patient wo~i~ b~ a~q~tely
mo~to red;
b. f~Hed ~o ~ect and remm o~ly compe~em ~r~on~ck
c. ['ailed to [mu~ that m~i~tlo~ admlais~ered ~utd be ad~Js~er~d
propcfly.
37. A~ ~ Lmher dk~t and p:oxj~.e result o~the carelessness and/or
~[ De"dar/. u'.~nz:le .~Iea[[I- Bthgvioral 5erv~s, as described
[~r,'Esin.g paragrap~ of Ii, is Comptain[, Plaindff has ~u~cr~d in the pas[, and
wi~l ~ntlnuc to sulTcr ia ~c [nturc, CXC~C;aLinB a~d ~gon]zing meaLZl
aoguish.
WHEREFORE, PlaZndff prays [hnt tk~s ~oaorabtc Com~ wi'.l an~ ~a ~vor
P]zindff ar.d agah~t Defendant P[nn~c~ II~llh ~vlora~ S~i~ in an amount in
o~' lh~ -ura~rlant ~umy ,~url~c~ionaI amount r=q~irin8 ~tbi~cation r~erra! with ,aw~,i
inrems~ d~ereon and cos~ otsulL ~ad brin~ ~is ~on ~ r~ovcr same.
671 '775! =~c- ~,
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39.
COUNT S
J!?OBF,~R3. ,L _~,y.~v. BELtNDA~EASI'f~J_A, ME.~_]i/XSJ!,
a_ p.REIO_LE OJ.,D
FAILURE ~O PROPERLY~
F~grap~ l tkrough 37 are incorporated herMn ~ lf~t forth at
Defen~nu Belinda Eash, Jam~ Eash, and ~¢{gter Shienvold and Associates
were guiky 0F catelessc, ess and/or n~tigence in the care an6
Plaindff amd PlaintL~s son. ~rk Ya~n Wormscr both 8e~erat[y and ~n tee
[ollowin~ perCcular respect:
a. railing to properly diaga~ crc c0ndidon 0¢ Pla[ntl~ and PlaimiTs
d. failing tc advise KKly of {he pmpos~ treatment, ~d f~]tk,g to disclose the
sigflifican: and mater~al ris~ of ~e recommended geatment and/or
fa:,iidg to advi:e PMinttff and Plzinti~s son of d~e cxis~nce of alter~
c, 'earel~sly encouraging P~intlff and P!ainti~ sort ~o rely upon ~reatmen:
and ~ Imve un~caso~ble expeztation~ of their recover.
C.,:?ndanr 3am~ ..Fasb Failed t~ withdraw from treating Ptaint. iff once co.-,ffikt
~rc.v- r,'"'s~rd;n3 PtaintifFs be!iers t.bat Mack Jasoa Wormser ,,vas receiv!ng
;,-.competen: treatment t~ cssccia'.e, who is elso ,fames Eash's 'WiFe.
S'[/¢'T'd TSE&TLgLIAI6 CZ I9SS Z~6 0T9
7he S:. m-~='I F¢36. '..3
MNr, Me~W ~;dI.4 'lFIUd .L$ aid, 6£;6_0. £88E t:,.', t<b,f
el/31/288~ 15:21 57!-735! m'E S? PAWL
The St. Pa~l 11,I. 3/2001~ 4:51 ~M PAGE
4~. Defendant P, eigler Shienvolcl aad A,;sociates la[ted to recogn.~.e and correct
sigr]Ecam ¢onflirt or' interesL Cau~ecl by olio'wing personnel to reassure
P!aictiff of approprizteness of Mark Jason Wormser's treatment white
Plaintiff c.omptainrd ;ha: lie be;ieved and ¢bere£ore averred that Mark's
condition was worsertin$ due to the trear, ment he was receiving.
42. As a ~urther direct and proximate resWt of tlle ~relessness and/or, negligence
or Derendan: Pinna,'l~, Health Bcl';aviocal Services. as described, in the
foregoiag .~aragraphs o~' Chis Ccmplai.~L Plaintiff l'ta.s suffered in the pas:, ac.d
will eontinuc to suffer :n the i'u:urc, e~ccruciating and -:g,>niz~r,g
anguish.
W.lff-EREFORE, Plaintiff pray; tin: this I-lonorabt¢ Court wil[ find in favor
Plairldff. ac:~ aga;.n_;t Defendants B-clin~.: 'E~sb, Jam~= F. ash and B. eigler SDionvold
Associa'.e~ in ~.q ~'nount in excess o,' tl'.e C,.~m':edan~ Csunty Jurisdictional
r.°.-qt';.ri~:'; arMv-q ',a referr ,' '., i'h i'~ .,.f,. i,te-~...: tl~reoa and costs O~ suit a.~.d brings :l~is
{~C~.~11 ~.'j /C,;'.,,'C~ "511,1'.
Re:spccff'uHy subrnitteck
!kob :ri. J. \Vorms~r t,
671 755! PAGE.
81/31/'2~3~3 1_=:2_- 671-735! THE 97 P4T_
~he St. p~ul 1/i~/200~ 4:51 PM PAGE 15/15
RightFaX
CEP. TIFICATJE OF SERVICE
! ht-teby certify that an this date i served a true aad CorrecL copy of thc Foregoin~
Compl~int on all counsel or record by tiepbsifing same in the Uakcd ~t~tes mui! at
Mcctar. icsburg, Pennsylvania, l'~t. class postage prepaid a0d addressed ~ follows:
Luther E. Milspaw, Esquire
Miisp~-w & ]Besho~¢
I30 S~te Scrccz
][-{arr!sbutg, PA 17101
(Cour~el De DerendanL Dorothy Wormse0
Mickz-J ..%~. Badows'.d, Esqu.:.~c
Mar~olis E~-_'$c-Jn
-".,~ 10 'i':in iD. ~oad
CamF HiI',. PA 170! l
(Cc~c:_,el tbr DeFendants,
Jcsc Mo:~ r. cr, iVI.D, and
Firma,_le J ~z!th Bcllavioral Services)
Belinda. Yash
,lame:, Ea.ih
Rcig',er 5't~envo!d and A.s~ociates
2151 '_:.:=~ l,.'sto-.:.,r, K~zd
l-lar:i, bt:r:, PA 17110
(Del:,, i'
Robert J.
671
CERTIFICATE OF SERVICE
I, John R. Kantner, Esquire, attorney for Defendant Melinda Eash,. hereby state
that a tree and correct copy of the foregoing document(s), sent by first-class mail, postage
prepaid on the date set forth below, was served upon the following individual(s):
Robert J. Wormser
107 East Portland Street
Mechanicsburg, PA 17055
Luther E. Milspaw, Esquire
Milspaw & Beshore
130 State Street
Harrisburg, PA 17101
Robert A. Lerman, Esquire
Griffith, Strickler, Lerman
Solymos & Calldns
110 South Northern Way
York, PA 17402
Michael M. Badowski, Esquire
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Timothy J. McMahon, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crams Mill Road, Suite B
Harrisburg, PA 17112
By:
Post & Schell, P.C.
Kantner
for Defendant Melinda Eash
Dated:
MICHAEL M. BADOWSKI, ESQUIRE
Pa. Supreme Court I.D. No. 32646
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, Pennsylvania 17011
Telephone:
Fax:
E-Mail:
[717] 975-8114
[717] 975-8124
mbadowski~margolisedels tein · com
Attorney for Defendants:
JOSE MONTANER, M.D., AND
PINNACLE HEALTH BEHAVIORAL SERVICES
ROBERT J. WORMSER,
PLAINTIFF,
VS.
CUMBERLAND VALLEY SCHOOL
DISTRICT; DOROTHY WORMSER;
JOSE MONTANER, M.D.;
PINNACLE HEALTH BEHAVIORAL
SERVICES; BELINDA EASH;
JAMES EASH; AND REIGLER
SHIENVOLD AND ASSOCIATES,
DEFENDANTS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
DOCKET NO. 02-5494-CIVIL
JURY TRIAL DEMANDED
REPLY OF DEFENDANTS, JOSE MONTANER, M.D.
AND PINNACLE HEALTH B~w~VIORAL SERVICES,
TO COU1TTERCLAIM OF DEFENDANT, CUMBERLAND VALLEY SCHOOL DISTRICT
65. On or about January 17, 2003, Defendants, Jose
Montaner, M.D. and Pinnacle Health Behavioral Services
("Defendants"), filed Preliminary Objections to Plaintiff's
Complaint, pursuant to Pa. R.C.P. No. 1028(a) (4). The averments
contained in those Preliminary Objections are incorporated herein
by reference as if set forth in their entirety. At no time
relevant hereto did Plaintiff allege that he was a patient of or
had any relationship with Defendants, nor did he allege that he
had contemporaneous sensory perception of any alleged negligence
on the part of Defendants. Accordingly, as set forth in the
Preliminary Objections, it is believed and, therefore, averred
that Plaintiff does not have viable claim under Pennsylvania law
against Defendants and, therefore, neither does Defendant,
Cumberland Valley School District.
66. Admitted in part and denied in part. While Defendant,
Cumberland Valley School District, may have incorporated by
reference the allegations of Plaintiff's Complaint as they
pertain to Defendants, said averments do not state a claim under
Pennsylvania law and, therefore, there is no basis for an action
against Defendants.
67. Denied. The allegations contained in this paragraph
state a legal conclusion to which no response is necessary. By
way of further answer, the answers contained in paragraphs 65 and
66 hereof are incorporated herein by reference as if set forth in
their entirety.
68. Denied. The answer contained in paragraph 67 hereof is
incorporated herein by reference as if set forth in its entirety.
WHEREFORE, Defendants, Jose Montaner, M.D. and Pinnacle
Health Behavioral Services, demand judgment in their favor and
against Defendant, Cumberland Valley School District.
MARGOLI S EDELSTEIN
Date: ~~0~~ By: ~T~~{~E~L
'~ BADOWSKI
) EN Li BANKO, JR.
Attorney for Defendants,
JOSE MO~TANER, M.D., AND
PINNACLE ~{EALT~{ BE~{AVIORAL
SERVICES
3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy
of the foregoing on all counsel of record by placing the same in
the United States mail at Camp Hill, Pennsylvania, first-class
postage prepaid, on the /O day of Y~ , 2003, and
addressed as follows:
Robert J. Wormser
107 East Portland Street
P.O. Box 1164
Mechanicsburg, PA 17055
(Pro Se Plaintiff)
Luther E. Milspaw, Esquire
MILSPAW & BESHORE
130 State Street
Harrisburg, PA 17101-1026
(Counsel for Defendant,
Dorothy Wormser)
Timothy J. McMahon, Esquire
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(Counsel for Defendant, James
Eash)
Robert A. Lerman, Esquire
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
110 South Northern Way
York, PA 17402-3737
(Counsel for Defendant,
Cumberland Valley School
District)
Belinda Eash
2151 Linglestown Road
Harrisburg, PA 17110
(Defendant)
Adam M. Shienvold, Esquire
ECKERT, SEAMANS, CHERIN
AND MELLOTT
213 Market Street, 8th Floor
P.O. Box 1248
Harrisburg, PA 17108-1248
(Counsel for Defendant,
Reigler Shienvold and
Associates)
MARGOLIS EDELSTEIN
Secretary
ROBERT J. WORMSER
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5494 CIVIL TERM
CUMBERLAND VALLEY
SCHOOL DISTRICT;
DOROTHY WORMSER; JOSE:
MONTANER, M.D.; PINNACLE:
HEALTH BEHAVIORAL
SERVICES; BELINDA EASH;
JAMES EASH; and RIEGLER
SHIENVOLD AND ASSOCIATES
Defendants
PRELIMINARY OBJECTIONS OF DEFENDANTS
JOSE MONTANER, M.D. AND PINNACLE HEALTH
BEHAVIORAL SERVICES TO PLAINTIFF'S COMPLA, NT
Before HOFFER, P.J. and OLER, J..
ORDER OF COURT
AND NOW, February 12, 2003, the case having not been properly listed
for argument, anyone wishing to argue it shall properly relist it.
~//Robert J. Wormser
107 East Portland Street
PO Box 1164
Mechanicsburg, PA 17055
Pro Se Plaintiff
v'" Luther E. Milspaw, Esquire
Milspaw & Beshore
130 State Stret
Harrisburg, PA 17101-1026
For Defendant Dorothy Wormser
Timothy J. McMahon, Esquire
Marshall, Dennehey, Warner
Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
For Defendant James Eash
~'Robert A. Lerman, Esquire
Griffith, Strickler, Lerman
Solymos & Calkins
110 South Northern Way
York, PA 17402-3737
For Defendant Cumberland Valley School District
~elinda Eash
2151 Linglestown Road
Harrisburg, PA 17110
Defendant
,,,~Mark E. Gebauer, Esquire
Adam M. Shienvold, Esquire
213 Market Street, 8th Floor
Harrisburg, PA 17101
For Riegler Shienvold and Associates
,,/~ichael M. Badowski, Esquire
Stephen L. Banko, Jr., Esquire
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
For Defendants Montaner and Pinnacle
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT J. WORMSER (pro se)
Plaintiff, : Civil Action - Law
;
VS. .'
: No. 02-$494
CUMBERLAND VALLEY SCHOOL DISTRICT, '
DOROTHY WORMSER, JOSE MONTANER, .
PINNACLE HEALTH BEHAVIORAL
SERVICES, BELINDA EASH, JAMES EASH, ·
AND REIGLER SHIENVOLD AND
ASSOCIATES, :
Defendants. :
: JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
ANDNOW, this /~-'~_ ~
of · - uay oi.
firm GRIFFITH, STRICKLER, bert. A. Le .m_ an, a member of the
served a copy of the Defendant, . OL ...... o~ ~-~-~dr~, l~ere,y certil~ that I have this date
Cumberland Valley School District's Request for Production of
Documents to the Plaintiff, Set No. 1, by United States Mail, addressed to the party or attorney of record as
follows:
Robert J. Worrnser, pro se
107 E. Portland Street
Mechanicsburg, PA 17055
Michael M. Badowski, Esquire
P.O. Box 932
Harrisburg, PA 17108-0932
(Counsel for Jose Montaner, M.D. and Pinnacle
Health Behavioral Services)
Luther E. Milspaw, Jr., Esquire
Milspaw & Beshore
130 State Street
Harrisburg, PA 17101
(Counsel for Dorothy Wormser)
talc/cumberland_rfp
Timothy j. McMahon, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(Counsel for James Eash)
John R. Kantner, Esqu/re
Post & Schell, P.C.
1800 John F. Kennedy Blvd.
Philadelphia, PA 19103-7480
(Counsel for Belinda Eash)
Mark E. Gebauer, Esquire
Adam M. Shienvold, Esquire
Eckert Seamans Cherin & Mellott, LLC
P.O. Box 1248
Harrisburg, PA 17108-1248
(Counsel for/~lqr Shienvold and Associates)
Robert A. Lerrnan, ID
Attorney for Defendant, lnd Valley
School District Cumberl~
110 S. Northern Way
York, PA 17402
(717) 757-7602
\05_A\LIAB\TJM\LLPG\ 117333klMl~14180\03519
ROBERT j. WORMSER,
Plaintiff
CUMBERLAND VALLEY SCHOOL ·
DISTRICT, DOROTHY WORMSER, ·
JOSE MONTANER, M.D., PINNACLE ·
HEALTH BEHAVIORAL SERVICES, ·
MELINDA EASH, JAMES EASH and ·
RIEGLER SHIENVOLD and ·
ASSOCIATES, .
Defendants .
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5494 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
,RESPONSE OF DEFENDANT JAMES EASI-I
TO THE NEW MATTER CROSS-CLAIM
OF DEFENDANT CUMBERLAND VALLEY SCHOOL DISTRICT
73.
No response required.
74.
No response required.
75. Denied. The allegations set forth in this Paragraph constitute conclusions
of law within the meaning ofPa. R.C.P. 1029(e) and accordingly these allegations are denied and
proof thereof is demanded at trial. By way of further answer, Defendant James Eash specifically
denies any liability whatsoever to Cumberland Valley School District.
76. Denied. The allegations set forth in this Paragraph constitute conclusions
of law within the meaning of Pa.R.C.P. 1029(e) and accordingly these allegations are denied and
proof thereof is demanded at trial. By way of further answer, Det~ndant James Eash specifically
denies any liability whatsoever to Cumberland Valley School District.
WHEREFORE, Defendant James Eash demands that judgment be entered in his favor
and against Defendant Cumberland Valley School District together with such other relief as this
Court shall deem appropriate.
DATE:
BY:
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
TIM(JT~tY J}J~~ON, ESQUIRE
I.D. No. 5,291'8v
4200 Crams Mill Road, Suite B
Harrisburg:, PA 17112
(717) 651-3505
Attorney for Defendant,
James Eas,~
ROBERT J. WORMSER,
Plaintiff
Vo
CUMBERLAND VALLEY SCHOOL
DISTRICT, DOROTHY WORMSER,
JOSE MONTANER, M.D., PINNACLE
HEALTH BEHAVIORAL SERVICES,
MELINDA EASH, JAMES EASH and
RIEGLER SHIENVOLD and
ASSOCIATES,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5494 CIWIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do
hereby certify that on this4~\°~'' day of February 2003, served a copy of the foregoing document
upon Plaintiff via Certified Mail; all other parties to this action were served via First Class
United States mail, postage prepaid as follows:
Via Certified Mail/Return Receipt
Requested
Robert J. Wormser, Esquire
107 East Portland Street
Mechanicsburg, PA 17055
Luther E. Milspaw, Esquire
Milspaw & Beshore
130 State Street
Harrisburg, PA 17101
Attorney for Dorothy Wormser
Robert A. Lerman, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York, PA 17402
Attorney for Cumberland Valley School
District
John R. Kantner, Esquire
Post & Schell
1857 William Penn Highway
PO Box 10248
Lancaster, PA 17605-0248
Attorney for Melinda Eash
Michael M. Badowski, Esquire
Margolis, Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Attorney for Jose Montaner, M.D. and
Pinnacle Health Behavioral Services
Adam M. Stfienvold, Esquire
Eckert, Searaans, Cherin & Mellott, LLC
213 Market Street, 8th Floor
Harrisburg, PA 17101
Attorney for Riegler Shienvold & Associates
TO THE
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in full)
ROBERT j. WORMSER
( Plaint iff)
VS.
CUMBERLAND VALLEY SCHOOL DISTRICT, DOROTHY WORMSER, JOSE
MONTANER, M.D., PINNACLE HEALTH BEHAVIORAL SERVICES, BELINDA
EASH, JAMES EASH, and RIEGLER SHIENVOLD AND ASSOCIATES
(Defendant)
No. 02-5494 Civil Action - Law 2002
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's
demurrer to complaint, etc.):
Preliminary objection in nature of a demurrer
2. Identify counsel who will argue case:
(a)
for plaintiff:
Address:
Robert J. WOrmser, pr0 se
107 East Portland Street
Mechanicsburg, PA 17055
b)
for defendant: Adam M. Shienvold, Esq.
Address: Eckert Seamans Cherin & Mellott, LLC
213 Market Street, 8th Floor
Harrisburg, PA 17101
3. I will notify all parties in writing within two days that this case has been listed
for argument.
4. Argument Court Date:
{L0261982.1 }
Dated:
February 26, 2003
-At t'orn~r-Defendant RiegleFST~ienvo d
CERTIFICATE OF SERVICE
I hereby certify that on this date I served a true and correct copy of the foregoing
Praecipe for Listing Case for Argument on all counsel of record by depositing same in the United
States mail at Harrisburg, Pennsylvania, first-class postage prepaid, and addressed as follows:
Luther E. Milspaw, Esq.
Milspaw & Beshore
130 State Street
Harrisburg, PA 17101
Robert A. Lerman, Esq.
Griffith Strickler Lerman Solymos
& Calkins
110 South Northern Way
York, PA 17402
Michael M. Badowski, Esq.
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Timothy McMahon, Esq.
Marshall Dennehey Warner Coleman &
Goggin
4200 Crums Mill Road
Harrisburg, PA 17112
John R. Kantner
Post & Schell, P.C.
1857 William Penn Way
P.O. Box 1.0248
Lancaster, PA 17605
Robert J. Wormser, pro se
107 East Portland Street
Mechanicsburg, PA 17055
Date:
~ld, Esquire
{L0261629.1 }
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY/OF CUMBERLAND COUNTY:
Please list the within matter for the next:
[] Pre-Trial Argument Court
[] Argument Court
CAPTION OF CASE
(entire caption must be stated in full)
ROBERT J. WORMSER,
Plaintiff
CUMBERLAND VALLEY SCHOOL
DISTRICT, DOROTHY WORMSER,
JOSE MONTANER, M.D., PINNACLE
HEALTH BEHAVIORAL SERVICES,
MELINDA EASH, JAMES EASH and
RIEGLER SHIENVOLD and
ASSOCIATES,
Defendants
NO.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5494 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
02-5494 Civil
State matter to be argued (i.e., plainfi~s motion for new trial,
defendantts demurrer to compliant, etc.): Preliminary Objections to Plaintiff's Complaint
Identify counsel who will argue ease:
(a) for plaintiff: Robert J. Wormser, Esquire
(b) for defendant: Timothy J. MeMahon, Esquire
I will notify all parties in writing within two days that this case has been listed for argument._
19
(~ Eash
Dated: 2-26-03
\05_A~LIAB~JRM~LLPG\ 117882\CYW~14180\03519
ROBERT J. WORMSER,
Plaintiff
Vo
CUMBERLAND VALLEY SCHOOL
DISTRICT, DOROTHY WORMSER,
JOSE MONTANER, M.D., PINNACLE
HEALTH BEHAVIORAL SERVICES,
MELINDA EASH, JAMES EASH and
RIEGLER SHIENVOLD and
ASSOCIATES,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5494 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Cherfi M. Whitson, an employee of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on this ~v[41~day of February 2003, served a copy of the foregoing
document via First Class United States mail, postage prepaid as follows:
Robert J. Wormser, Esquire
107 East Portland Street
Mechanicsburg, PA 17055
Luther E. Milspaw, Esquire
Milspaw & Beshore
130 State Street
Harrisburg, PA 17101
Attorney for Dorothy Wormser
Robert A. Lerman, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York, PA 17402
Attorney for Cumberland Valley School
District
Michael M. Badowski, Esquire
Margolis, Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Attorney for .lose Montaner, M.D. and
Pinnacle Health Behavioral Services
John R. Kantner, Esquire
Post & Schell
1857 William Penn Highway
PO Box 10248
Lancaster, PA 17605-0248
Attorney for Melinda Eash
Adam M. Shienvold, Esquire
Eckert, Seamans, Cherin & Mellott, LLC
213 Market Street, 8th Floor
Harrisburg, PA 17101
Attorney for Riegler Shienvold & Associates
~ Cherfi M. Whitson
pRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court:
CAPTION OF CASE
(ENTIRE CAPTION MUST BE STATED IN FULL)
ROBERT J. WORMSER,
PLAINTIFF,
VS.
CUMBERLAND VALLEY SCHOOL
DISTRICT; DOROTHY WORMSER;
JOSE MONTANER, M.D.;
PINNACLE HEALTH BEHAVIORAL
SERVICES; BELINDA FASH;
JAMES FASH; AND REIGLER
SHIENVOLD AND ASSOCIATES,
DEFENDANTS.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
DOCKET NO. 02-5494-CIVIL
JURY TRIAL DEMANDED
State matter to be argued (i.e., plaintiff's motion for new
trial, defendant's demurrer to complaint, etc.):
Preliminary Objections of Defendants, Jose Montaner, M.D.
and Pinnacle Health Behavioral Services, to Plaintiff's
Complaint - Pa. R.C.P. No. 1028
Identify counsel who will argue the case:
(a) Plaintiff (s) :
(b) Defendant (s) :
Stephen L. Banko,, Jr., Esquire
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
3. I will notify all parties that this case has been listed for
argument.
4. Argument Court Da~e~~6' 2003 J717)975-8114.
03/04/03
Date At~~y(~%r I( ) Plaintiff Phone Number
' / (X) Defendants ·
Jose Montaner, M.D. and Pinnacle Health Behavioral Services
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy
of the foregoing on all counsel of record by placing the same in
the United States mail at Camp Hill, Pennsylvania, first-class
postage prepaid, on the ~ day of /~_~_. , 2003, and
addressed as follows:
Robert J. Wormser
107 East Portland Street
P.O. Box 1164
Mechanicsburg, PA 17055
(Pro Se Plaintiff)
Luther E. Milspaw, Esquire
MILSPAW & BESHORE
130 State Street
Harrisburg, PA 17101-1026
(Counsel for Defendant,
Dorothy Wormser)
James Fash
2151 Linglestown Road
Harrisburg, PA 17110
(Defendant)
Robert A. Lerman, Esquire
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
110 South Northern Way
York, PA 17402-3737
(Counsel for Defendant,
Cumberland Valley School
District)
John R. Kantner, Esquire
Post & Sclnell, P.C.
1857 William Penn Way
P. O. Box 10248
Lancaster, PA 17605
(Counsel for Defendant
Belinda Eash)
Reigler Shienvold and
Associates
2151 Linglestown Road
Harrisburg, PA 17110
(Defenda~.t)
MARGOLIS EDELSTEIN
By:
Secretary
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARy OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
ROBERT J. WORMSER,
Plaintiff
Vo
CUMBERLAND VALLEY SCHOOL DISTRICT, ·
DOROTHY WORMSER, JOSE MONTANER, ·
M.D., PINNACLE HEALTH BEHAVIORAL ·
SERVICES, BELINDA EASH, JAMES EASH, ·
And RIEGLER SHIENVOLD AND ASSOCIATES,:
Defendants .
No. 02-5494 Civil Term
State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer
to complaint, etc.):
Preliminary Objections of Defendant Melinda Eash (incorrectly identified as Belinda
Eash in Plaintiff's Complaint).
Identify counsel who will argue case:
(a) for plaintiff:
Robert J. Wormser (Pro se Plaintiff)
107 East Portland Street
Mechanicsburg, pA 17055
(b)
for defendant:
John R. Kantner, Esquire
Post & Schell, P.C.
1857 William Penn Way
P. O. Box 10248
Lancaster, PA 17605-0248
I will notify all parties in writing within two days that this case has been listed for
argument.
Argument Court Date: March 26, 2003.
Dated:
Post & Schell, P.C.
Joy,fiR. Kantner, Esquire
Aftomey ID. No.: 75741
Attorney for Defendant Melinda Eash
CERTIFICATE OF SERVICE
I, John R. Kantner, Esquire, attorney for Defendant Melinda Eash,. hereby state
a tree and correct copy of the foregoing document(s), sent by first-class mail, postage
prepaid on the date set forth below, was served upon the following individual(s):
Dated:
Robert J. Wormser
107 East Portland Street
Mechanicsburg, PA 17055
Luther E. Milspaw, Esquire
Milspaw & Beshore
130 State Street
Harrisburg, PA 17101
Robert A. Lerman, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402-3737
Michael M. Badowski, Esquire
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Adam Shienvold, Esquire
Eckert, Seamans, Cherin & Mellott
213 Market Street, 8th Flr.
P. O. Box 1248
Harrisburg, PA 17108-1248
Timothy J. McMahon, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
By:
John R. Kantner
Attorney for Defendant Melinda Eash
POST & SCHELL, P.C.
BY: JOHN R. KANTNER
I.D. #:75741
1800 JOHN F. KENNEDY BLVD.
PHILADELPHIA, PA 19103-7480
215-587-1000
ROBERT J. WORMSER
Plaintiff,
Vo
CUMBERLAND VALLEY SCHOOL
DISTRICT, DOROTHY WORMSER, JOSE
MONTANER, M.D., PINNACLE HEALTH
BEHAVIORAL SERVICES, BELINDA
EASH, JAMES EASH, and REIGLER,
SHIENVOLD AND ASSOCIATES
Defendants.
ATTORNEYS FOR DEFENDANT
MELINDA EASH
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION - LAW
NO: 02-5494
JURY TRIAL DEMANDED
ANSWER OF DEFENDANT MELINDA EASH
TO NEW MATTER CROSSCLAIM OF DEFENDANT
CUMBERLAND VALLEY SCHOOL DISTRICT
AND NOW comes Defendant,' Melinda Eash (incon'ectly identified in the Complaint as
Belinda Eash), by and through her attorneys, Post & Schell, P.C., and for her answer to the New
Matter Crossclaim asserted by Cumberland Valley School District, states as follows:
69. The averments of the corresponding paragraph of Defendant School District's
New Matter Crossclaim are not addressed to Answering Defendant, and thus no response is
required. To the extent that a response is deemed required, however, Defendant Melinda Eash
denies liability to any and all parties to the within litigation, and denies generally any remaining
allegations to the corresponding paragraph of the Crossclaim.
70. Any allegations contained in Plaintiff's Complaint directed to Defendant Melinda
Eash are denied generally and as conclusions of law, both with respect to Plaintiffs Complaint
and as to the Crossclaim asserted by Defendant School District. For further response, any
inference of negligence on the part of Answering Defendant is specifically denied.
71. Denied generally and as conclusions of law. For further answer and response, it is
specifically denied that Defendant Melinda Eash is alone liable to Plaintiff, jointly and severally
liable to Plaintiff, or liable over to Cumberland Valley School District by way of contribution
and/or indemnification, as alleged. For further response, any inference of negligence on the part
of Defendant Melinda Eash is specifically denied.
72. Denied generally and as conclusions of law. For further answer and response, it is
specifically denied that Answering Defendant Melinda Eash is liable to any party to the within
litigation, either primary and/or active, joint and several, solely liable, or liable over to
Cumberland Valley School District, or any other Defendant, by way of contribution and/or
indemnification.
WHEREFORE, Answering Defendant Melinda Eash denies liability to any and all
parties to the within litigation, demands judgment in her favor On any and all claims asserted by
any party to the within litigation, alternatively, demands that Plaintiff's claim and Defendant
School District's Crossclaim be dismissed with prejudice, and reserves the right to pursue
crossclaims against any Defendant.
Dated:
By:
Respectfully submitted,
Post & Schell, P.C.
Joh//R. Kantner, Esquire
A,}fomeys for Melinda Eash
-2-
VERIFICATION
I, JOHN R. KANTNER, ESQUIRE, hereby state that I am an attorney for
DEFENDANT, MELINDA EASH, in this action and verify that the statements made in thc
foregoing document, are true and correct to the best of his knowledge, information and belief
The undersigned understands that the statements therein are made subject to the penalties of 18
Pa.C.S., §4904 relating to unswom falsification to authorities.
POST & SCHELL, P.C.
Dated: ~ ]x3 } ~.3 By: $~~~H~75~R'~
7~ 1 TNER
CERTIFICATE OF SERVICE
I, Betty J. Flick, an employee of Post & Schell, P.C., hereby state that a tree and correct
copy of the foregoing document(s), sent by first-class mail, postage prepaid on the date set forth
below, was served upon the following individual(s):
Robert J. Wormser
107 East Portland Street
Mechanicsburg, PA 17055
Luther E. Milspaw, Esquire
Milspaw & Beshore
130 State Street
Harrisburg, PA 17101
Robert A. Lerman, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 S. Northern Way
York, PA 17402-3737
Michael M. Badowski, Esquire
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Adam Shienvold, Esquire
Eckert, Seamans, Cherin & Mellott
213 Market Street, 8th Fir.
P. O. Box 1248
Harrisburg, PA 17108-1248
Timothy J. McMahon, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crams Mill Road, Suite iB
Harrisburg, PA 17112
Post & Schell, P.C.
By:
Betfy~r.~. li~''
Emplo3~ee of Post & Schell, P.C.
Dated:
ROBERT J. wORMSER
Plaintiff
CUMBERLAND VALLEY
SCHOOL DISTRICT, DOROTHY
WORMSER, JOSE MONTANER,
M. D., PINNACLE HEALTH
BEHAVIORAL SERVICES,
BELINDA EASH, JAMES EASH,
and REIGLER, SHIENVOLD &
ASSOCIATES,
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
cOUNTY, PENNSYLVANIA
NO. 02-5494 CIVIL TERM
CIVIL ACTION - LAW
ANSWER OF RIEGLER SHIENVOLD & ASSOCIATES TO NEW MATTER AND
CROSS-CLAIM OF DEFENDANT CUMBERLAND VALLEY SCHOOL DISTRICT
For its Answer to the New Matter and Cross-Claim of Defendant Cumberland Valley
School District, Defendant Riegler, Shienvold & Associates ("RSA") states:
43. RSA incorporates herein its Preliminary Objections that it filed to Plaintiff's
Complaint as though the same were more fully set forth herein.
44. The averments of paragraph 44 state conclusions of law to which no responsive
pleading is required.
45. The averments of paragraph 45 state conclusions of law to which no responsive
pleading is required.
46. The averments of paragraph 46 state conclusions of law to which no responsive
pleading is required.
47. The averments of paragraph 47 state conclusions of law to which no responsive
pleading is required.
{L0261470. l} 1
48. The averments of paragraph 48 state conclusions of law to which no responsive
pleading is required.
49. The averments of paragraph 49 state conclusions of law to which no responsive
pleading is required.
50. The averments of paragraph 50 state conclusions of law to which no responsive
pleading is required.
51. The averments of paragraph 51 state conclusions of law to which no responsive
pleading is required.
52. The averments of paragraph 52 state conclusions of law to which no responsive
pleading is required.
53. The averments of paragraph 53 state conclusions of law to which no responsive
pleading is required.
54. The averments of paragraph 54 state conclusions of law to which no responsive
pleading is required.
55. The averments of paragraph 55 state conclusions of law to which no responsive
pleading is required. To the extent that the averments of paragraph 55 constitute averments of
fact, it is denied that any act or omission of RSA caused any damages to Plaintiff.
56. The averments of paragraph 56 state conclusions of law to which no responsive
pleading is required.
57. After reasonable investigation, RSA is without knowledge or information
sufficient to form a belief as to the truth of the averments of paragraph 57, and therefore denies
them.
{L0261470.1 }
58. .After reasonable investigation, RSA is without knowledge or information
sufficient to form a belief as to the troth of the averments of paragraph 58, and therefore denies
them.
59. After reasonable investigation, RSA is without knowledge or information
sufficient to form a belief as to the truth of the averments of paragraph 59, and therefore denies
them. By way of further answer, the averment of paragraph 59 purports to characterize a written
document that speaks for itself, and any characterization thereof is expressly denied.
60. Admitted upon information and belief.
ANSWER TO NEW MATTER/CROSS-CLAIM
CUMBERLAND VALLEY SCHOOL DISTRICT V. DOROTHY WORMER
61-64. The averments of paragraphs 61 through 64 do not relate to RSA, and no response
therefore is required.
ANSWER TO NEW MATTER/CROSS-CLAIM
CUMBERLAND VALLEY SCHOOL DISTRICT V. JOSE MONTANER, M.D.,
AND PINNACLE HEALTH BEHAVIORAL SERVICES
65-68. Thc averments of paragraphs 65 through 68 do not relate to RSA, and no response
therefore is required.
ANSWER TO NEW MATTER/CROSS-CLAIM
CUMBERLAND VALLEY SCHOOL DISTRICT V. BELINDA EASH
69-72. The averments of paragraphs 69 through 72 do not relate to RSA, and no response
therefore is required.
ANSWER TO NEW MATTER/CROSS-CLAIM
CUMBERLAND VALLEY SCHOOL DISTRICT V. JAMES EASH
73-76 The averments of paragraphs 73 through 76 do not relate to RSA, and no response
therefore is required.
{L0261470.1 }
ANSWER TO NEW MATTER/CROSS-CLAIM
CUMBERLAND VALLEY SCHOOL DISTRICT V.
RIEGLER, SHIENVOLD & ASSOCIATES
77. RSA's Preliminary Objections t° Plaintiff's Complaint and paragraphs 43 through
76 of RSA's Answer to thc New Matter and Cross-Claims of Defendant Cumberland Valley
School District hereby are incorporated by reference as though more fully set forth herein.
78. RSA incorporates by reference its Preliminary Objections to Plaintiff's Complaint
as through thc same were more fully set forth herein.
79. The averments of paragraph 79 are conclusions of law to which no responsive
pleading is required, and RSA therefore denies them. By way of further answer, it is expressly
denied that RSA acted in any way that was negligent, careless or reckless, or that any act or
omission of RSA caused any injury or damage to the Plaintiff.
80. Thc averments of paragraph 80 are conclusions of law to which no responsive
pleading is required, and RSA therefore denies them.
Remainder of page intentionally blank.
{L0261470.1 }
WHEREFORE, Defendant Riegler, Shienvold & Associates respectfully requests that
this Court enter its Order dismissing Cumberland Valley School District's Cross-Claim against
Riegler, Shienvold & Associates with prejudice, awarding Riegler, Shienvold & Associates its
costs and attorneys' fees and such other relief as this Court deems just.
Respectfully submitted,
ECKERT SEAMANS CHERIN & MELLOTT, LLC
/
sq., 8
21 ~ Market Street, 8th Floor
Harrisburg, PA 17101
717-237-6000
Attorney for Riegler, Shienvold & Associates
{L0261470.1 }
5
VERIFICATION
I, Arnold T. Shienvold, Ph.D., am a general partner in Riegler, Shienvold & Associates,
and I am authorized to make this verification on its behalf. I hereby verify that the statements
made in the foregoing Answer to New Matter and Cross-Claims of Cumberland Valley School
District are true and correct to the best of my personal knowledge, information and belief. I
understand that this verification is made subject to the penalties of 18 Pa.C.S. §4904, relating to
unsworn falsification to authorities.
RIEGLER, SHIENVOLD & ASSOCIATES
By_ .z~ ~7~'~
AmoUnT. Shienvo]d, Ph.D.
{L0261470.1 }
6
CERTIFICATE OF SERVICE
I hereby certify that on this date I served a true and correct copy of the foregoing Answer
to New Matter and Cross-Claim of Defendant Cumberland Valley School District on all counsel
of record by depositing same in the United States mail at Harrisburg, Pennsylvania, first-class
postage prepaid, and addressed as follows:
Robert J. Wormser, pro se
107 East Portland Street
Mechanicsburg, PA 17055
Luther E. Milspaw, Esq.
Milspaw & Beshore
130 State Street
Harrisburg, PA 17101
Robert A. Lerman, Esq.
Griffith Strickler Lerman Solymos & Calkins
110 South Norther Way
York, PA 17402
Michael M. Badowski, Esq.
Margolis Edelstein
3510 Trindle Road
Camp Hill, PA 17011
Timothy McMahon, Esq.
Marshall Dennehey Warner Coleman & Goggin
4200 Crums Mill Road
Harrisburg, PA 17112
John R. Kantner
Post & Schell, P.C.
1857 William Penn Way
P.O. Box 10248
Lancaster, PA 17605
AMS 289946-00001
11-0261470.1 }
~am M.~-~old; Esq.
7
ROBERT J. WORMSER, : Plaintiff
V.
CUMBERLAND VALLEY SCHOOL
DISTRICT, DOROTHY WORMSER,
JOSE MONTANER, M.D., PINNACLE
HEALTH BEHAVIORAL SERVICES
BELINDA EASH, JAMES EASH and
REIGLER SHIENVOLD and
ASSOCIATES
Defendants JURY TRIAL DEMANDED
PRAECIPE TO DISCONTINUE AND END
TO THE PROTHONOTARY:
Please mark the above-captioned action discontinued and ended as to all Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 02-5494 CIVIL TERM
CIVIL ACTION - LAW
DATE: