HomeMy WebLinkAbout97-07064
maintenance from the property but rather subcontracted that work
out to Frys Lawn Care & Landscaping, 411 Forge Road, Boiling
Springs, Cumb~rland County, Pennsylvania.
4. This action was initiated by Writ of Summons in December
1997 and the Compl.aint was filed in September 1998. Pursuant to
Rul.e 2252, if joinder of an additional party is sought more than 60
daYB after the filing of the initial pleading, approval of this
Court must be sought.
5. Clearly, if the Plaintiff states a claim for inadequate
snow removal and snow maintenance at the Boiling Springs apartment
facility, the responsibility for these actions lies with the snow
removal contractor, Frys Lawn Care & Landscaping,
6. With the recent filing of the Complaint, discovery of
records and any necessary depositions have not been. completed.
Therefore, Frys would not be prejUdiced by being joined in the
litigation at this Ume. Further, as the discovery has only begun,
the joinder of Frys will not result in a delay of trial.
7. Should the Plaintiff prevail against the Defendants in
this litigation, additional litigation would be filed for the
Defendants to seek indemnification from the proposed Additional
Defendant. The joinder of Frys Lawn Care & Landscaping in this
t
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Mary Jane Snyder
Rool Eolalo Papuly
Office of the Sheriff
William T. Tully
SollCllt>r
Ralph G. McAIII~ler
r,;hl.' Doputy
Michael W. Rinehart
A"I,lo,,1 Chlol Populy
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Hili rlubw U. Pc"nl\,;I'V8nla 1/101
(111) ?bfi.?ij"O
J. R. Lotwiok
Sher iff
t'lO"",,ONWF.At,TH OP PBNNRVLVANIA
COUNTY OF DAUPHIN
SHERIFF'S RETURN
No. 0003~T ~ ~ ~96
OTHER COUNTY NO, 97~7064
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 BOILING SPRINGS ASSOC" A LIMITED
. PARTNERSHIP
DEFBNDANT named in the wi thin WRIT OF SUMMONS
and that I am unable to find him/her in the County of Dauphin,
, the
and therefore return same NOT FOUND, January 5, 1996
AS TO ANDY VOLOVAN -TREASURER MCCLURE CO, IS THE ONLY BUSINESS AT THIS
ADDRESS,
Sworn and subscribed to
~~re me t:;s 5THp df JA~UARYI 1999
. ~ C!-. f fJJtl/lfA)
PROTHONOTA '{
.
SOA~
~iff of D,uphin County,
Pa.
-nY"
$29,25 PD 01/02/96
RCPT NO 106462
TK
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SHERIFF'S DEPARTMENT
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60 NORTH DUKE STREET, LANCA~TEI', PENNSYLVANIA 17602 '17171 200-0200
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SHERIFF SERVICE IN5mUCTION5FOR SERVICE OF PROCE5S on Ih. roV...1 oflhol..1 (No,
PROCESS RECEIPT. and AFFIDA vir OF RETURN 6) copy o"hl.lo"". PI....lyp. or prlnll.glbly. Oonol d.llch .nyoopl..,
i I'LAINlIFViS/ 2 couln NUMllEI1
Vil1ki I\nn Smith 97 -7064 Civ n ..'rern!.-__
mIENI1ANT/!11 4 TVPE OF WI1IT 011 COMPLAINT
lloillJHL 8PJ;:..tn..9.ILA.~cjcates et al __________ Summons__... --
";E j ~. NAME or INDIVIDUAL, COMPANY, COI1POI1ATlON, ETC. 10 foEI1VICE 011 DESCRIPTION OF PI10PEIlTY TO DE LEVIED. ATTACHED 011 SOLD i:!i
_ GN_t:''-ana~mentJ Inc. __.___.__ ~
Ij, AUIlHEBS (61tlJlJl or 11m, ApnrtJlllJllI No., City, Omo, Twp" Slllle and ZIP Cocjal Sf . I
AT ?316 DaJ.rv Rd.., Lancaster, PA 17601 ~
1.INIlICArE UNUSUAL SERVICE II COMMON or PA III DEPUTIZE U OTHER Cumberland
. -NOW: D.e.c..-J.Q__.__ 192.1...-. , I, SHERIFF OF KX~K COUN1Y, PA., do hereby depullze the Sheriff of
-1,f1nQj9~r- - County to oxecute IhI5_W!I!e~d.!'leko roturn Iher~Qf .~ccordlng
to BW, This deputBllon being made 01 tho request and risk of the plalnllff, v~ .:.......,--...~;'~",. ..'. '
--L- tTIfRlH Of l.A.t.~'lf'I"f,--,(,KIffn'-'" . -~.~.
. f,iIIiCIAL INIITRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITiNG SERVICE,
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NOn: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - An'l deputy ~hOll" Ii!yying upon or /lllnchlng ony property undor
wUnln wtU mny 1011'0'0 Aamo wllhoul a wulchmnn, In cuslody of whotlloyot is lound IIlIlQ61l0SSI0n, allor Ilo\ltylllg pOtson olll:YY or ollnchmonl, wllhoulllnl1ility on
In... P'lft olauch dOj)uly ot Ihe IlhcriH loony plolnlltl heraln lor any ImHI, dorlltuclion or rOllloYlIl 01 any such IlroPIJr1y b>!toto 5hollll's &010 thanlol
I, 1I0NATURE 01 ATTORNEY or olho, ORIOINATOR '0 lELEPHONE NUMOEn II. DATE
CUMBERLAND CO SHERIFF PD
717-249-2353
12-23-97
1a. leND NOTICE OF SIRVICE COPY TO NAME AND ADDRESS BELOW: (Thlllaroo must be cOnlplet.d It noUc. i. to be mailed)
~U@oATMCKNIGHT, ESQ, AT IRWIN, MCKNIGHT & HUGHES; 60 W. POMFRET ST., CARLISLE, PA. 17013
" SPACE BELOW FOR USE OF SHERIFF ONL V - DO NOT WRITE BELOW THIS LIre
-13 I k I" I 'I'h .'1 SIGNATURE 01 AuthoflzodicSD Deputy or Clerk and Tillo 14. Dalt,) RecelVN.l . rl'!rElCpl
. lie now ...,00 toeo p 0 It Wtl 1'-.. I' ..
orcompl.'nl..lndlcolodobovo. JUDY MORRIS 295 3609 12-31-97-1~:' 01-2
16. I hereby CERTIFY ond RETURN tholl [J have personnl:y Ilorvod, r.(ha....e logol ovldonce 01 service 05 6hOW~ In "Remarks", r] ~av.~9xecutedii:shown ~
"Afmarks", Ihe writ or complalnl doscrlbed on the IndIvidual, company, corporolion, elc, nllho IHJdnHls shown obovo or on the 1n(lI,tdvor, company, C~rif
poraUon, elro., ollhe uddroSlS Inserted bolow by handling a TRUE end ATTESTED COPY Ihoreol . - ,.-
17. U 1 hereby corllly and return a NOT FOUND beclluso I am unable 10 rocalo Ihe Individual, cornpnny, corpomlton, ole., namoks ~~ve, IS to 'ftr s below)
Us. Nome and Htlo 01 Individual served (II nol shown ObOVOI!'9. A",""" ,1';';,\,;.,,,,, ~d ",,,,,,II n
BARf.<'f tJN~~RT I GrNe-~A\.. M~tJf.(,r.R ,,:~:~':e6:~~:J~qd~tryJBnl'''JJI 81
20, Address of whoro served (complete only II dlllotoni Ihan shown nbovo) (Slroot or RFD, Apartmenl No_, City, Bora, Twp 21, Dole 01 SOI~ 22" Tlmo
Slale and lip COdo)
n/Henrlng dole
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23. ATTEMPTS
2... AdvBnce Cosl&
R94398 100.00
30. REMARKS:
30.50
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31. AFFIRMED Bnd wbscrlbed 10 belore mo Ihls
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ProttlonOlllryl
MY COMMISSION EXPIRES
36, I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE I
OF AUTHORg:ED ISSUING AUTHORITY AND TITLE
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LJ9DAlllRlcelllBd
lCSO.l.1971 Amended 1!)80
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Vicki Ann Smith
COUl.t of Conunoll Plea.!
VI.
No. ..E-:7Qp.4..9J.y.U.T!,!.:g])nm.._ ___n 19..._
Boiling Springs Jlssociates,
11 Limited partnership. In ..c.;!Y.l:.l,.~.~1,9~n:.~~...nn__.._.n______
c/o Daniel Bruce ~"reedman, General Partner
4101 North 6th Street
Harrisburg, PA 17105
GN Management, Inc., 2316 DailY Road, Lancaster, P1I 17601
To _J!Q~J.}'Jlg_Sp..d[lm_f!tlll.Q.!.r,;~J;.fLlil.M.(LQN.J:1<magement, Inc.
You are hereby notified that
Vicki Ann Smith
.~~----------------------------------------------._._---------------------------------------------
the Plain till has eommen""d an action in ___~.!.yH_J\.<:.USlJ!._:_.~'1'n____________________....-n--
against you which you are required 10 defend or a default judgmenl may be entered against you.
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(SEAL)
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Prothonotary
Date _~_~~::._~~~~____________ 19_~~_
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VICKI ANN SMITH,
: IN THE COURT OF COMMONS OF
: CUMBERLAND COUNTY
PlaintllT
: NO. 97-7064 Civil Term
v,
BOILING SPRINGS ASSOCIATES,
A Limited Partnership
c/o Daniel Bruce Freedman, General
Partner
4101 North 6th Street
Harrisburg, PA 17105
GN Managemenl, Inc.,
2316 Dairy Road, Lancasler, PA 17601
: CIVIL ACTION - LAW
~AECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue a Rule upon PlaintilT, Vicki Ann Smith, and her attorney, Marcus A,
McKnight, Esquire, Irwin, McKnight and Hughes, 60 Wesl Pomfret Slreel, Carlisle, Pennsylvania
17013-3222, to file a Complainl wilhin lwenty (20) days or suffer 11QIl1ll~ m ~q.
Respeclfully submitted,
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Date: (,. I}. (J
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By~...~--.?'.J ,'~I.l,_'~'-- ~t.._--
Thomas E. Brenner, Esquire ,
GOLDBERG, KATZMAN & SHIPMAN, P.C,
320 Market Streel, P,O. Box 1268
Harrisburg, P A 17108-1268
Attorney J.D. #32085
(717) 234-4161
~
TO: PLAINTIFFS AND THEIR COUNSEL:
AND NOW, this /J>j J... day of /J.. ('7 ----' 1998, you are hereby ordered to
file a Compliant wilhin twenty (20) days or suITer Il.Qll ~ m WI.
H7779
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VICKI ANN SMITH,
Plaintiff
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION. LAW
BOILING SPRINGS ASSOCIATES,
A LIMITED PARTNERSIIIP,
and GN MANAGEMENT, INC"
Defendants
NO, 97-7064 CIVIL TERM
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, this 15th day of September, 1998, comes lhe Plaintill: VICKI ANN
SMITH, by her attorneys, Irwin, McKnight & Hughes, and makes lhe following Complaint
against lhe Defendants, BOILING SPRINGS ASSOCIATES, A LIMITED PARTNERSHIP, and
GN MANAGEMENT, INC" averring as follows:
I.
Plainliff is Vicki Ann Smilh, a 49-year-old adult individual currently residing al 312 Zion
Road, Mount Holly Springs, Pennsylvania 17065,
2.
Defendanl Boiling Springs Associales ("BSA") is a limited partnership having its
principal place of business at 2316 Dairy Road, Lancasler, Pennsylvania 17601.
3.
Defendanl ON Management, Inc. ("Corporalion") is a Pennsylvania corporation having
its principal place of business ul 2316 Dairy Road, Lancaster, Pennsylvania 17601.
4.
On or ubout November 4, 19R I, Delcndnnt BSA purchllsed pl'Operty locuted in South
Middleton Township, Cumbcrlund County, Pennsylvanill, uJlon which the Boiling Springs
Apartmenls are siluuted,
5,
At all relevant times mcntioned herein, Detcndllnt BSA wus in exclusive possession and
control of the Boiling Springs Apurtmcnt property, through its purtners, servllnts, agents and
employees, who were acting within the course und scope of their employment by BSA and in
furtherance of ilS business,
6.
Al all relevant lime menlioncd herein, Defendant Corporation, by agreemenl with BSA,
had the duty to manage and maintain the Boiling Springs Apartment property through its
officers, direclors, agenls and employees, who Wl~re acting within the course and scope of their
emp\oymenl by lhe Corporalion and in furtherance of its business.
7,
On or about December 25, 1995, Plainliff was a tenantallhe Boiling Springs Apartments,
her address allhllltime being 217 Plaza Drive, Mechanicsburg, Pennsylvania 17055.
8.
On or about December 25, 1995, Plaintiff had resided atlhe Boiling Springs Apartmenls
for approximately four (4) years,
9.
On or about Deccmbcr 25, 1995, Plaintiff was rctumingto her rcsldence at thc Boiling
Springs Apartments and hud parked her 1989 Dodgc Daytona truck in the parking lot of lhe
Boiling Springs Apartmcnts.
10.
On or about Deccmber 25, 1995, there existed ridges of ice and snow located throughoul
the parking lot and sidewalks of the Boiling Springs Apartments property.
II.
In order to gain access to her apartment and us no other parking spaces remained
available, Plaintiff was forced to park in the parking lot of the Boiling Springs Apartmenls.
12.
While Plaintiff was attempting to entcr her residencc at t.he Boiling Springs Apartments,
and while only approximately twenty (~O) feet from her vehicle, the plainliff tripped on a ridge
of packed ice and snow which caused Plaintiff to slip, stumble, fall and strike the ground,
primarily upon her back, resulting in serious and pCrll1anenl injuries,
13.
As a result of lhe fall caused by lhe ridges of ice, Plaintiff began to experience .increased
and severe pain in und around the arca of her lower back.
Preoperatlvo
Dlagnoslsl
Postoperatlvo
Dlagnoslsl
Operation
Performcdl
Herninted Nucleus Pulposus, LoI-li, LIi-S 1 with Hight Sided Lower ~~xtrollllly Hndiculopnthy,
-.
SlImo,
Decompression Laminectomy L.I-5 with Excision 01' Hemintml Nucleus I'ulposus LA.Ii, LIi.S1.
SURGEON: Dr, Poppelmllll; 1ST ASSLSTANT: Dr. WilIiIlIllS; 2ND ASSISTANT: IJr. !'uutz.
ANESTHESIOLOGIST: Dr, I<ntsnmpes.
SCRUB: Conti; CIRCULATING: Dislline
All needle and sponfle counts were correct throughout tho cose,
OPERATIVE INDICATIONS: Vicki is a 0I7.year-old femalo who hns hlld problOlllH with low back pnin and ril/ht
lower extremity puin off and on since 1993, She hnd instnbility with her gnlt, Sho wns unablo to wulk without fear
of faIHng, She fell in December of 1995 when her right leg gnvo out, She unde~went an ext,ended course of
conservalive therapy for her low back nnd right lower extremity pain. MHI revealed two hernillted discs at ,I-fi lInd
5.1 reJpectiv~ly and after a thorough discussion of alllhe risks, bllnelits and possible complicatinns und treatmenl
alternatives was carried out with the patient it wa.; determined that "he would best benefit from a decompression
laminectomy with excision of her herniated nucleus pulposus at 01-5 and 5.1.
OPERATIVE TECHNIQUE: After upprapriate informed consent was obtained, the patient was brought to the
Operating Suile where she was plnced supine on the hospitul stretcher. A generalnnesthetic wan administered by
the Department of Anesthesia and then she was flipped onto her abdomen on the Andrews frnme and positioned in
the knee.chest position on the laminectomy table. All nerve sites and skin arens were padded well to assure that
there was no compression durinfl her surgical procedure. The bllck Wll3 then prepped and drllped in the usual sterilt'
manner. One gram of Vancomycin prophylaxis was !:iv<)JI to her pl'l'operntively to prevent inf"ction. Aft"r lhe bnck
WIIS prepped and draped in th,) usual sterile manner, nn incision was made over tho 01.5 IInd 5.1 region. This
incision was carried out down through skin IInd subcutaneous tissues utilizing electrocllutory to maintain
hemostasis throughout the case. The transvorso lumbllr fascia was then identified and eleclrocautery to alilized to
slrip lhe paraspinal muscula~ure from the spinous processes bilaterally. Once lhls was completed, Kocher were
utilized to mark the inferior aspects of the spinous processes and nn x-ray was obtained to assure position of the
laminectomy sites. The superior Kocher was identified to be botween the 3 IInd 01 vertebrae and lhe lower was
between the 4 lllId 5 verlebrae, Therefore, lbe L5 lamina IInd posterior elemenls wore removed and a decompression
was completed in lhe inferior aspect of IA and superior aspect of L5. Actually lhe entire lamina of L5 was removed
bilaterally and the superior aspect of the Sllamlllll was excised. The decompression was completed mallltaining
her stabilily witb her facet joints and pedicles remuininH intact, Onco the lamina were excised, the ligamentum
f1l!.vum was removed utilizing upbite I<errisons in a piece meal fashion. The neural retractor was insertod and tbe
L5 and Sl nerve roots were identified exiting tboir respective foramina. The Sl nervo 1'001 wus lirst addressed and
the L5-S1 disc was removed in a fashion such that the postorior longitudinulligllment was incisod with a #15 blade
Dictaled
Trnnscribed
Reslden t
Attending Physician
SMITH, VICKI A
2063677411
PT CLASS: I
DATE OF SURGEHY: 5-2-96
PAGE I
DISCHARGE DATE: 011/03/1996
PINNACLE HEALTH- POLYCI.INIC HOSPI1',u.
HARRISBURG,I'A
REPOHT (W OPEIL\TION
r
'.
ADMISSION DATEl 05'{)2-96
DISCHARGE DATEl 05'{)3-96
PRINCIPAL DIAGNOSIS:
I)
Herniated Nucleus Pulposus, L4.5 ll11d L5.S I Levels.
PROCEDURE PERFORMED: I)
Laminectomy L4 lllld L5 Levels wilh Excision of Herniated Nucleus
Pulposus of the L4-5 ll11d L5.S I Lel'el, Dr, Pcppelrnan, 05.02.96.
HISTORY AND HOSPITAL COURSE: This is a 47.year-old white fcmale with complwnls of low back pain ll11d right leg
pain since 1993, The paticol complains of inslability when she walks in addition 10 a great deal of pain with IlIl1bulation,
The paticulstated thaI she recently fell in December 1995 when her right leg gave out. MRI obtwncd revcals a herniated
nucleus pulposWl of the L4-5 lllld L5.S I level. Due to failure of consCfVative tllerapy including non steroidal anti-
inflammatoric:s llIId physical therapy, the pati~nl has requested surgical intcrvenlion. After all risks, benefits ll11d
complicatiods of surgery were explained to the patient, informed call sent was obtained, The putienl was taken to the
Operative Suite on 05.02-96 and undcrwcul a laminc:ctorny of L4 ll11(1 L5 with excision of herniated nucleus pulposus of the
L4.5 and L5.S I level pcrfonned by Dr. Peppclmllll on 05-02-96, The patient loleraloo the procedure well withoul
complications. She was returned to the RecovCl)' Room in satisfactory condition, On poslopcrative day one, the patient was
examined and stated thaI she had no leg pain down her right leg as she had in the past. The palicot rcmwned afebrile and
neurovll5(:ularly intact. H~'I' dressings were clean and dry. The paticul slated that she fell like going home. She was !Old al
this time that she would be rc-evaluated later in the afternoon after a trial of nmbulation 10 see if she could lolerate this
independently. The paticol was found to be neurovascularly inlact. The PCA pump was disconlinued in addition 10 the
Foley, The paticot Wll.9 slarted on 1M IlDd p,o. pain medications on the morning of postoperative day one. Laler in the
afternoon, the patient Wll.9 re-evaluated lIlId slotcd thaI she still had ,'ery little pain. She tolerated ambulation welllllld fell
that she WlI.9 stable enough to go home and care for herself with the help of her boyfricod al home. The patienl was found to
be orthopedically stable for discharge, She was discharged 10 home with instructions to resume her previous diet lIlId
medications, She WIlS given a prescriplion for Vicodin, No, 30, lake 1-2 p.o. q. 4.6 hours pm pain. She Wll.9 to keep her
dressings clellll and dry. She was instructed that she may ambulate IlS tolerated bulto refrain from any pushing, pulling,
Slooping, bending or lifting with her back. She is to return to the clinic for a follow.up visit in 7.10 days or call sooner if she
develops any problems prior 10 thco,
oc: Casl Room for Clinic Chart.
Dr. Peppclmllll.
Diclated
05.03.96
Transcribed
08-MAY-96
~fI~
Rcsidcot AMng PhYS~ J
Brendan Albrncht, D.0./4 ~ ~
DISCHARGE DATE: 05'{)3.96
MEDICAL RECORD NO.: 206367745
PAGE: I
SMlTH, VICKI
PTCLASS: I
POL YCLlNIC MEDICAL CENTER
fL\RRlSBURG. PA
DISCHARGE SUMMARY
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remo',al of snow und ice and l11ulnlenance of the property is specilicnlly denied, Any remaining
avemlents of fact contained in paragraph lhree (3) ore specilicully denied.
4.
The uverments offllct conluined in paragraph lour (4) lII'e admitted,
5,
The avemlents of fllct contained In paragraph live (5) are spccilicully denied.
Responsibility tor the removal of snow and ice and maintenance of the property lies with lhe
DefendWlts.
6.
The averments of tact contained in parngl'lIph six (6) are admitted in part and denied in
part. It is admitted that discovery Wld depositions have not been completed. It is specilically
denied that the Plaintiff Wld Fry's Lawn Care & Landscaping will not be prejudiced IInd that trial
will not be delayed if. joinder is permitted. Any remaining averments of tact contained in
paragraph six (6) art' specilically denied.
7.
After reasonable invesligation, the PlainlitT is wilhoul knowledge or information
sufficient to form a belief as to lhe truth of the averments of fact contllined in paragraph seven (7)
so lhey are therefore specilically denied.
2
"
VICKI ANN SMITH,
PLAINTIFF
V.
BOILING SPRINGS
ASSOCIATES, A Limited
Partnership and GN
Management, Inc.,
DEFENDANTS
97.7064 CIVIL TERM
ORDER OF COURT
IN THE COURT OF COMMON PLEAS OF
OUMBERLAND COUNTY, PENNSYLVANIA
AND NOW, this 30th day of December, 199B, upon review of the petition to
permit Joinder of an addlllonal defendant, and the answer flied thereto, the petition to
loin Frys Lawn Care and Landscaping as an additional defendant, IS GRANTED.
By the to ,
(/
Marcus A. McKnight, Esquire
For Plaintiff
c...t>~~..., .....va:.C..A 1.l.13Il~~v
(
Thomas E. Brenner, Esquire
For Defendants
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VICKI ANN SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
v.
DOlLING SPRINGS ASSOCIATES,
A LIMITED PARTNERSHIP,
and GN MANAGEMENT, INC.,
Defendants
NO. 97.7064 CIVIL TERM
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, this 15th day of September, 1998, comes the Plaintiff, VICKI ANN
SMITH, by her attorneys, Irwin, McKnight & Hughes, and makes the following Complaint
against the Defendants, BOILING SPRINGS ASSOCIATES, A LIMITED PARTNERSHIP, and
ON MANAGEMENT, INC., averring as follows:
1.
Plaintiff is Vicki Ann Smith, a 49-year-old adult individual currently residing at 312 Zion
Road, Mount Holly Springs, Pennsylvania 17065.
2.
Defendant Boiling Springs Associates ("BSA") is a limited partnership having its
principal place of business at 2316 Dairy Road, Lancaster, Pennsylvania 17601.
3.
Defendant GN Management, Inc. ("Corporation") is a Pennsylvania corporation having
its principal place of business at 2316 Dairy Road, Lancaster, Pennsylvania 17601.
, ~ . , I
9.
On or about December 25, 1995, P/alnllff Was retuming to her residence al the Bolllng
Springs Apartments and had parked her 1989 Dodge Daytona truck In the parking 101 of the
Bolling Springs Apartments.
10.
On or about December 25, 1995, there exisled ridges of Ice and snow localed throughoul
the parldng lot and sidewalks of the Bolling Springs Apartments property.
II.
'In order to gain access to her apartment and as no other parking space,~ remained
available, Plaintiff was forced to park in the parking lot of the Boiling Springs Apartments.
12.
While Plaintiff Was attempting to enter her residence at the Boiling Springs Apartments,
and while only approximately twenty (20) feet from her vehicle, the plaintiff tripped on a ridge
of packed ice and snow which caused PlainlifT to slip, stumble, fall and strike the ground,
primarily upon her back, resulting in serious and permanent injuries.
13.
As a result of the fall caused by the ridges of ice, Plaintiff began to experience increased
and severe pain in and around the area of her lower back.
\
14.
Following her fall, Plaintiff attended the Yellow Breeches Family Practice where she was
examined and treated by her physician, Donaid J. Kovacs, M.D., and the Carlisle Hospital Pain
Clinic where she was examined and treated by Ted D. Kosenske, M.D.
IS.
As a result of Plaintifl's increased and severe pain in and around the area of her lower
back followinS her fail, her physicians recommended that Plaintiff undergo a magnetic resonance
imaging ("MRI").
16.
The MRI revealed two hemiated discs, and as a result of her increased pain following her
fall Plafntiffwas subsequently scheduled for spinal surgery at the Polyclinic Medical Center.
17.
On or about May 2, 1996, Dr. Walter C. Peppelman, Jr. performed a surgical operation to
remove Plaintifl's herniated discs and alleviate her severe back pain. A copy of Dr. Peppelman's
operation report is attached hereto and incorpomted herein by reference as Exhibit" A."
18.
On or about May 3, 1996, Plaintiff was released from the Polyclinic Medical Center. A
copy of the hospital's discharge report is attached hereto and incorporated herein by reference as
Exhibit "B."
\,
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Preoperlltlve
Dlapollsl
Postoperative
DlalP1ellsl
Operation
Pertonnedl
Herniated Nucleus Pulposus, L4-5, L5-S1 with Right Sided Lower Extremity Radiculopathy,
<0
Same.
Decompression Laminectomy U.5 with Exclslon of Herniated Nuclous Pulposus L4-5, L5-S1.
SURGEON: Dr. Peppolman; 1ST ASSISTANT: Dr, Williams; 2ND ASSIS,!'ANT: Dr. Pautz.
ANESTHESIOLOGIST: Dr. Kntsampes.
SCRUB: Conti; CIRCULATING: Bistline.
All needle and sponge counts were correct throughout the case.
OPERATIVE INDICATIONS: Vicki is a 47-yellr-01d femllle who has had problema with low back pain IInd right
lower extremity pain off IUId on since 1993. She had instability with hel' gllit. She was unable to walk without fear
of falling. She fell in December of 1995 when her right leg gave out. She underwent an extended course of
conservative therapy for her low back and right lower extremity pain. MRI revealed two herniated discs at 4-5 and
5.1 respectively and after a thorough discussion of all the risks, benefits and possible complications and treatment
alternatives was carried out with the patient it was determined that sho would bost benelit from II decomprsssion
laminectomy with excision of her herniated nucleWl pulposus at 4-5 IInd 5-1.
OPERATIVE TECHNIQUE: After appropriate informed consont was obtained, the patient was brought te the
Operating Suite whore she was placed supine on the hospitai stretcher. A generalanosthetic was administered by
the Department of Anesthesia and then she was flipped onto her abdomen on the Andrews frame IUId positioned in
the knee.chest position on the laminectomy table. All nerve sites and skin areas were padded well to assure that
there was no compression during her surgical procedure. The back was then prepped and draped in the usual sterile
manner. One gram of Vancomycin prophylaxis was given to her preoperatively to prevent infection. After the back
was prepped and draped in the usual sterile manner, an incision was mado over tha 4-5 and 5-1 region. This
incision was carried out down through skin and subcutaneous tissues utilizing electrocautery to maintain
hemostasis throughout the case. The transverse lumbar fascia was then identified and electrocautery to utilized to
strip the paraspinal musculature from the spinous processes bilaterally. Once this was completed. Kocher were
utilized to mark the inferior aspects of the spinous processes and an x-ray was obtained to assure position of the
laminecto'my sites. The superior Kocher was identified to be botween ~he 3 and 4 vertebrae and the lower waa
between the 4 and 5 vertebrae. Therefore, the L5 lamina and posterior elements were removed and A decompression
was completed in the inferior Aspect of L4 and superior aspect of L5. Actually the entire lamina or L5 was removed
bilaterally and ths superior aspect of the Sllamina WM excised. The decompression was completed maintaining
her stability with her facet joints and podicles remaining intar.t. Once the lamina were excised, the ligamentum
flavum was removed utilizing up bite Kerrisons in a piece meal fasmon. The neural retractor was inserted IUId the
L5 and SI nerve roots were identified exiting their respective foremina. The SI nerve root was first addressed and
the L5-S1 disc was removed in a fashion such that the posterior longitudinal ligament was incised with a #15 blade
Dictated
Transcribed
Resident
Attending Physician
SMITH, VICKI A
200367743
PT CLASS: I
DATE OF SURGERY: 5.2.96
PAGE 1
DISCHARGI~ DATE: 05/03/19911
PINNACLE UEALTlI. POLYCLINIC HOSPITAL
HARRISBURG, l'A
REPORT OF OPERATION
...
,
,
.- .
.
-. ,
Preoperative
D1allDoslsl
Postoperative
DlallDoslsl
Operation
Performedl
Sl\J:lle.
Hemlnted Nucleus Pulposus, L4.5, L5.S1 with Right Sided Lowor Extremity Radlculopathy,
-...
Decompression Laminectomy U.5 with Excision of Herniated Nucleue Pulposus L4-5, L5,SI.
In a star-like fashion and a straight pituitary waa utilized to ramove herniated disc material from this region. Tha
dlac was desiccated and appeared to be fillcd and 11 good amount of disc materilll was removed from thla Ilrea. Ths
nerve root was once Ilgllln Identified and 11 small foramlnotomy WIlS mllde to Ilssure thllt there WIlS free Pllssllge of
the nerve root out the foramina on the right. Attention was then paid to the LIS nerve root to assure that this root
was once again free In the foramina and the lA.L5 disc was excised In a slmUar fashion as the LIS.Sl disc was. This
disc appeared to bo somewhat larger and more herniated nnd WIlS most likely the ml\lor culprit of her problems. The
lell; >>Ided lateral gutter was then cleared of ligamentum fillvum and hypertrophic lamina that had been lell; and
once the decompression was completed the nerve roots on the lell; side were Identified and appeared freely exiting
their respective foramina. The wound was then copiously Irrlgllted with sterile Irrigation solution and thrombin
. soaked Gelfoam waa Inserted Into the laminectomy site, The transverse lumbar fascia was then reapproxlmated
utilizing hellvy III Vlcryl suture In a figure-of-elght fashion. The wound was then Irrigated once again and
subcutaneous tissue was closed utlllzlng 2-0 Vlcry1 sutures. A running subcuticular stitch was then utilized of 4.0
Vlcry1 to close the skin edges. Benzoin Ilnd sterl-strlps were then Ilpplled and a starile dressing consisting of
Vaseline glluze and 4 x 4's with Microfilm tape WIlS applied. The patient was awakened from
anesthesia. All needle and sponge counts were correct throughout the cllse. She Ilwoke from Ilnesthesla without
dIfIlculty and she was transported to the Recovery Room in stable postoperative condition. .
,
Dictated
5.2.96
Transcribed
6-MAY.96
1/J;1Jj~~
Resident
Mark S. Williams, D,OJ3
8~
Walter C. Peppolman, Jr., D.O.
SMITH, VICKI A
206367745
PT CLASS: I
DATE OF SURGERY: 5.2.96
PAGE 2
DISCHARGE DATE: 05/03/1996
PINNACLE HEALTH. POLYCLINIC HOSPITAL
HARRISBURG, PA
REPORT OF OPERATION
.'
-"'
r
'..
ADMISSION DATE: 05-01-96
DISCHARGE DATE: 05-03-96
Herniated Nucleus Pulposus, U-S and LS-S I Levels,
Laminectomy U and LS Levels with Excision of Herniated Nucleus
Pulposus of the L4-S and LS-SI Level, Dr, Peppelman, 05-02-96.
HISTORY AND HOSPITAL COURSE: This is a 47-year-<lld white female with complaints of low back pain and right leg
pain since 1993. The patient complains of instability when she walks in addition to a great deal of pain with ambuldtion.
The patient steted that she recently fell in December 1995 when her right leg gave out, MR1 obtained reveals a herniated
nucleus pulPOSUl of the VI..S and LS.S 1 level. Due to flli1urc of conservative therapy including non steroidal anti..
infJommotories and physical therapy, the patient hIlS requested surgical intervention, After all risks, benefits and
complications of surgery were explained to the patient, informed consent WIIS obtained. The patient WIIS taken to the
Operative Suite on 05-02-96 and undcrwcnt 11 laminectomy of U and LS with excision of herniated nucleus pulposus, of the
L4-S and LS-S llovel performed by Dr. Pcppclman on 05-02-96. The patient tolmted the procedure well without
complicatiOllll. She wa.s l'Clwned to the Recovery Room in satisfactory COIIdition. On postoperative day one, the patient WIIS
examined and stated thai she had no leg pain down her right leg as she had in the pllSt The patient remained afebrile and
ncurovaseularly intal:t. Her dressings were clean and dry. The patient stated that she felt like going home. She WIIS told at
this time that she would be re-evaluated later in the afternoon after 11 trial of ambulation to sc:c if she could tolerate this
independently, The patient was found to be neurovlIScularly intact. The PCA pump was discontinued in addition to the
Foley, The patient WIIS started on 1M and p.o. pain mcdicatioas on the morning of postoperative day one. Later in the
aftemoon, the patient wa.s re-evaluated and stated that she still had vel}' little pain. She tolerated ambulation well and felt
that she WIIS stable enough to go home and care for herself with the help of her boyfriend at home. The patient WIIS found to
be orthopedically stable for discharge. She was discharged to homo with instructioas to resume her previous diet IlDd
medications. She WIIS given a prescription for Vicodin, No. 30, take 1-2 p.o. q. 4-6 hours pm pain. She was to keep her
dressings clean and dry, She was instrucWd that she may ambulat.c lIS tolmted but to refrain from any pushing, pulling,
. stooping, bending or lifting with her back. She is lOrc:tum to the clinic for a follow-up visit in 7-10 days or call sooner if she
develops any probllmlS prior to then.
PRINCIPAL DIAGNOSIS:
1)
PROCEDURE PERFORMED: 1)
cc: Cast Room for Clinic Chart.
Dr. Pcppclman.
Dictated
05-03-96
/; ~wIr
Resident AMng_Pb~ J
Brendan Albrecht, 0.0./4 ~:::::-
DISCHARGE DATE: 05-03-96
MEDICAL RECORD NO.: 206367745
PAGE: 1
POLYCLINIC MEDICAL CENTER
HARRISBURG, PA
Transcribed
08-MAY-96
SMITH, VICKI
PT CLASS: I
DISCHARGE SUMMARY
,~.:"
Exhibit B
I', ,
"
GOLDBERG, 'KATZMAN (, SHIPMAN, P,C,
Thoma. 8, arenner, Saquir.
ID',320B5
PO Box 1268
Harri.burg, PA 1710B-126B
(7171 234-4161 Pax, (717) 234-6B10
Attorney tor Dotendanc
VICKI ANN SMITH,
Plaintitt
IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-7064 Civil Term
v.
BOILING SPRINGS ASSOCIATES,
A Limited Partnership and
GN Management, Inc.,
Defendants
CIVIL ACTION - LAW
DEFENDANTS' ANSWER TO THE COMPLA.IN~
"
AND NOW, come the Defendants, Boiling Springs Associates and
GN Management, Inc., by their attorneys, Goldberg, Katzman, &
Shipman, P.C., to state:
l. Admitted.
2. Admitted.
3. Admi t t.ed .
4 . Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9-20. Denied.
R.C.P. 1029 (e) .
This paragraph is denied pursuant to Pa.
.,
VBRII'ICATXON
I, JAQY NE.W)I~~r , Ge1JEefU- Ml1tJn~ of ON
ManaCjJ.~ent, Ino., hereby aoknowledqe that I have read the foreqoinq
,dooument and that the facts stated herein are true and oorreot to
the best of my knowledqe, information and belief.
,
The undersiqned understands that the statements therein are
made sUbject to the penalties of 18 Pa. C.S. Seotion 4904 relatinq
to unsworn falsifioations to ,authorities.
GN MANAGEMENT, INC.
Date:
II )llshe
.. ~ flJ~..v
1.,1
CERTIFICATE OF SERVICE
I hereby certi/}' that I served a copy of the foregoing document upon the person(s) indicated
,
below by depositing a copy of the same in the United States mail. postage prepaid. at Harrisburg,
Pennsylvania and addressed as follows:
Marcus A. McKnight, Esquire
60 West Pomfret Street
Carlisle. PA 17013.3222
Attorney for Plaintiff
GOf"ZTZMAN& 'IDPMAN, P.C.
BY: ~
Thomas E. Brenner, Esquire
Attomey for Defendants
Date: ). I{ -9 7
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