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If yoll wish to defend against the cJ.a.im; set forth in the foUowing pil~JCn, you nusl take action within twenty (201 days after this carplaint arKl notice lire served, by entering a written appearance personally or by Illl attorney arKl filing in writing with the court your defenses or objec- tiOl1.'l to the clnilJI; sel forth against you. You are warned that if you fail to do so the CiJne "BY proceed without you and a judgrent nay be entered against you by the court withoul further notice for any IlDney cl.ained in the carplaint or for ilny other claiJ" or relief requested by the plaintiff. You nay lose IlDney or property or other rights iJrportant to you. YOO SIIOOW '1'i\KE 'l'HIS PlIPER 'lU YOOR LllWYER AT ONCE. IF YOO 00 KJI' HAVE A LAWYER OIl Cl\NJlVI' A1'FUllD QIlE, en 'lU OR TELEPlICtlE THE OFFIm SET FORl'H BELCW ro FIND (llJ1' WI /ERE YOO CI\N GE'1' LEG/'ll. I /ELP . CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249 3166 Francis 0 Tindal 320 Conrow Street #117 Burlington, NJ. 08016 (609) 386-8010 Pro Se for Plaintiff Kenneth James Tindal & Francis O. Tindal Francis O. Tindal Pro Se & Kenneth James Tindal Plaintiff 1824 Lakeside Drive (Highspire)Middletown , Pa. vs. 17057 .:ro h-!-h<t '" P. Defendant DrfWhitneyand 425 N. 21st. Street Camp Hill, PA. 17011 (717) 761-7400 Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 (717) 763-2100 TO: CLERK OF PROTHONOTARY ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 PHONE NO. (717)240-6195 PROTHONOTARY (CIVIL COURT ISSUES) CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 DOCKET NO.: C(f -J 1-/ ~ )", ~ 'ul ( ~^1 CIVIL COMPLAINT ~2.22 MEDICAL MALPRACTICE COMPLAINT COUNT I 1. The plaintiff, Francis O. Tindal for Kenneth James Tindal resides at 320 Conrow St. apt.# 117 ,City of Burlinl:ton, State of New Jersey. 2. The defendant(s), Dr Whitney, M.D., and treating physicians, at all times hereinconcemed was a physician(s) licenseJ to practice medicine within the Commonwealth of Pennsylvania and maintains an office to practice medicine at 425 N. 21st. Street .Camp Hill. PA. lNll ,and hereinconcemed practiced at Holy Spirit Hospital, City of Camp Hill, County of Cumberland (Carlisle), State of Pennsylvania. 3. The defendant, Holy Spirit Hospital, located at 503 North 21 st Street. Camp Hill, City of Camp Hill, County of Cumberland (Carlisle), PA. 17011. Is a licensed hospital and a Pennsylvania entity which at all times hereinconcemed was engaged in providing medical, surgical, anesthetic, hospital, and nursing care, treatment and services to the public, including the plaintiffs deceased brother "Kenneth James Tindal," 4. At all times hereinconcemed, the defendant, their agents, servants and employees held themselves out to the general public and in particular to the plaintiff, Kenneth James Tindal & Francis O. Tindal, as compctcnt and cxpcrt in medical diagnosis, surgery, treatmcnt, carc and all other medical and surgical problems and conditions. 5. From on or about /4 J fA ~ I through June 9. 1997 and a considerable time prior thereto, the plaintiff, Kcnneth James Tindal, was a patient of the defcndant, Dr. Jonathan P. Whitney 425 N. 21st. Street .Camp Hill. PA> 17011 . receiving care and treatment at the defendant hospital from Jl D ...\ r through June 9. 1997. 6. The defendants, theirfagents, servants and employees, negligently, carelessly and/or unskillfully cared for and treated the plaintiff, Kenneth James Tindal, during but not limited to, the dates herein above set forth, as follows: a. Negligent failure to follow the standard of care and skill of the average qualified member of the profession practicing the specialties practiced by the defendants, and the employees, servants and agents of the defendants, taking into account advances in the profession. b. Negligent failure to follow the standard of care and skill of the average hospital undertaking the care of patients such as the plaintiff, taking into account advances in the profession. c. Negligent failure to diagnose the conditions and medical problems of the plaintiff, and the subsequent complications. d. Negligent failure to treat or adequate treat the conditions and medical problems of the plaintiff, and subsequent complications. e. Negligent failure to prescribe or administer or have administered, or prescribe or administer or have administered in the proper amounts, certain medications or medicines to the plaintiff. f. Negligent failure to respond to certain symptoms of the plaintiff, or negligently failed to use diligence in any responses made, in the care and treatment of the plaintiff, and any subsequent complications. 7. As a direct and proximate result of the negligence and carelessness of the defendants, their agents, servants and/or employees, as hereinabove set forth, the plaintiff, Kenneth James Tindal & Francis o. Tindal, has been caused to suffefgreat physical and mental anguish and continues to suffer severe and permanent injuries, including but not limited to enioyment of a previously relatively healthy and enjoyable life. pursuit of happiness in employment opportunities. relations with his kin (family members- youn~er brothers and sisters) and Francis O. Tindal ha~ lost a brother a best friend a confidant and mentor and has required subsequent medical care. Kenneth James Tindal & Francis O. Tindal, has suffered great physical and mental anguish and continues to suffer the same. Kenneth James Tindal & Francis o. Tindal, has been, and will be in the future caused to expend great sums of money for medical, hospital and psychological care and treatment. WHEREFORE, the plaintiff, Kenneth James Tindal and Francis O. Tindal demands judgement against the defendants, jointly and/or severally, together with interest and costs. COUNT 11 I. The plaintiff, Francis O. Tindal . for Kenneth James Tindal, resides at 320 Conrow St. apt. # 117. City of, Burlin~ton, State of New Jersey, and is the brother of the plaintiff, 2. The plaintiff realleges, repeats and reavers the allegations of paragraphs one through . ~ ~ c:--. -.J \ ~ ri '>- (0 l.--) h-: .... "j ..,! -, ,.. {J --sl 1-.;..' ~ UJ :,'-'; '. , '.-. ~ ( )'; ~ t [f~ ' :r: .' ''-'? '. ,y. ',.;" ( . ..J J t, ., }? (-). " (11 cJ L;..Jf.'.. ........ ii:!~' ; . ~ j..': - .; ,:' ~J '''- ~ :.') 0 m C.J , ).\ .;; I',)'/'.; . D'~ LAURALEE B. BARER, ESQUIRE Pa. Supreme Court I.D. No. 58874 RElCNOLDS , HAVAS A Professional Corporation 101 Pine Street Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: Fax: E-Mail : [717] 236-3200 [717] 236-6863 reyhav@epix.net Attorney for Defendant: JONATHAN P. WHITNEY, M.D. FRANCIS O. TINDAL, PRO SE, AND KENNETH JAMES TINDAL, PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 98 CIVIL 3422 JONATHAN P. WHITNEY, M.D., AND HOLY SPIRIT HOSPITAL, DEFENDANTS. JURY TRIAL DEMANDED BRIEF OF DEFENDANT, JONATHAN P. WHITNEY, M.D., IN SUPPORT OF PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT / I. STATEMENT OF FACTS AND PROCEDURAL HISTORY This is a medical malpractice action commenced by Plaintiffs, Francis O. and Kenneth James Tindal, (hereinafter referred to collectively as "Plaintiffs" or individually as "Francis Tindal and/or Kenneth Tindal") by way of a Complaint filed on or about June 19, 1998. In their Complaint, Plaintiffs generally allege that Defendant, Jonathan P. Whitney, M.D. ("Dr. Whitney") and others were negligent in the care and treatment rendered to Kenneth Tindal from April through June, 1997. In their Complaint, Plaintiffs plead that Kenneth Tindal died as a result of the alleged negligent care and treatment rendered by Dr. Whitney and co-defendants. See a copy of Plaintiffs' B. WHETHER THE FACTUAL AVERMENTS CONTAINED IN PLAINTIFFS' COMPLAINT ARE SUFFICIENTLY SPECIFIC TO MEET THE PLEADINGS REQUIREMENT MANDATED BY Pa.R.C.P. lOl9(a)? \ I" ".'. ~ (Suggested answer in the negative.) (Suggested answer in the negative.) 1/ Ii 11.: r-\ I' i,,1 ,,",I I:' r r.. i C. WHETHER PLAINTIFFS FAIL TO SPECIFICALLY IDENTIFY THE "AGENTS, SERVANTS, AND EMPLOYEES" WHO WERE ALLEGEDLY NEGLIGENT IN THE CARE AND TREATMENT AT ISSUE? D. WHETHER THE PENNSYLVANIA DEATH STATUTES PERMIT RECOVERY FOR A DECEDENT'S LOSS OF LIFE'S PLEASURES AND ENJOYMENT? (Suggested answer in the negative.) E. WHETHER THE FACTUAL AVERMENTS OF PLAINTIFFS' COMPLAINT SUFFICIENTLY GIVE RISE TO A CAUSE OF ACTION FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS? (Suggested answer in the negative.) I II. ARGUMENT A. Plaintiffs lack standina to bring this lawsuit. In their Complaint, Plaintiffs contend that at the time this Complaint was filed, Kenneth Tindal was "deceased." See paragraph 3 of Plaintiffs' Complaint which is attached to Dr. Whitney's Preliminary Objections as Exhibit "A." Clearly, in light of Plaintiffs' contention, Kenneth Tindal was deceased prior to the instant action, and accordingly cannot file an action on his own behalf or be a party to this legal action. - 3 - In Paragraph (, of their Complaint, Plaintiffs generally . " allege that the De(endants "negligently, carelessly, and/or I' II R; ',lIl~;}:i I J fu! ly cared for and treated the Plaintiff, Kenneth James Tl.n,:litl, during, blit not 1 imitpcl to, the :Jates herein above set ~~rthl il~:i [ollows:" (a) Failing to observe the standards of care and skill commonly e:-:ereised by physicians in like cases; (b) Failing to properly examine, diagnose and treat the conditions from which the plaintiff was suffering; Ie) Failing to timely, properly and adequately use available tools, instruments and/or techniques of diagnoses with regard to said conditions; (d) Failing to timely, proper:y and adequately provide appropriate testing with regard to said conditions; (e) Failing to timely, properl! and adequately consult with and/or provide for consultations with appropriate medical specialists with regard to said conditions; and If) Failing to timely, properly and adequately treat and/or provide treatment for the plaintiff by recognized methods of treatment employed for such conditions. ISmphasis added). In the foregoing paragraphs, no material facts or specific acts of negligence are alleged. Because these allegations contain nothing more than boilerplate allegations of negligence, - 6 - and if are allowed to remain can subject Dr. Whitney to new theories or causes of action beyond the statute of limitations, it is requested that these allegations be stricken from Plaintiffs' Complaint. In the alternative, it is requested that this Court require Plaintiffs to file a more specific Complaint setting forth the specific facts upon which Plaintiffs seek to hold Dr. Whitney negligent and liable. C. Plaintiffs have failed to plead with sufficient factual speci fici tv the "aaents. servants and emplovees of Dr. Whitnev who alleaedlv provided nealiaent care and treatment to Plaintiffs. Pennsylvania Rule of Civil Procedure lOl9(a) requires a Plaintiff to state in his complaint, in a concise and summary form, the material facts upon which a cause of action is based. The purpose of this rule is to require the pleader to disclose in the Complaint the specific acts upon which the plaintiff's cause of action is based, so that the plaintiff's proof may be confined to .such actions, thus enabling the defendant to reasonably prepare his case. Baker v. Ranaos, 229 Pa. Super. 333, 324 A.2d 498 (l974); PennDot v. Shiplev Humble oil Comoanv, 29 Pa. Crnwlth. 171, 370 A.2d 438 (l977). Boilerplate averments of negligence are in the nature of mere notice pleading which Pennsylvania has clearly rejected in adopting a requirement of "fact pleading" in Rule lOl9. As was held in the case of Collins v. Farmers and Merchants Trust Cornoanv, 8 D&C 3rd 764 at 768 (C.P. Franklin - 7 - ,.. i~ i ,; :l\ ; k , , i : , County 1978), "it is not enough to plead legal conclusions without pleading the ultimate facts underlying them." I l: has been repeatedly held, particularly in medical or 9rafessional malpractice suits, that the jefendant is entitled to ~e aJvLsed o( specific acts constituting the alleged negligence. :".(':CJU r ts have recognized that in malpractice actions, the r2q~i[ement of Rule 10l9(a) must be more strictly applied than it :'>:'::: i:e in the typical automobi le accide:1 t case. Mi kula v. ::,,~:-;::bilUl Polvclinic Hosl)ita1, 58 D&r:: 2nd 125 (C.P. Dauphin '::-,'. '.: I L 972) . :n the instant matter, Plaintiffs have generally alleged ~i":c':: .~ertain "agents, servants and emplo".iees" of Dr. Whitney were ',:.c':'I.,dly negligent in providing care and treacment to Plaintiff. ...._. :~.: ".,int in the Complaint, however, dces ?laintiff . :;:,,'i:i,:aLly allege which "agent, servan: cr employee" was ,>'.l..-orily negligent. Nor does Plaintiff allege at any point in :_Le :;,)mplaint what specific acts of negligence these "agents, .:;er':ants and employees" provided to the ?laintiff. Absent such ~neCl[lC names of individuals and the specific acts of negligence -.:~'2se alleged individuals committed, Dr. ,;]hi tney has not been provided with the facts upon which the Plaintiffs' cause of cctien is based. Therefore, Dr. Whitney is unable to prepare his ~e!e!1Se for trial. In the case of Darrow v. Kevstone 5, 10, 25, $1.00 stores, :n~., 50 Dauphin County l34 (l949), the 0auphin County Court - 8 - strike the foregoing paragraphs (rom Plaintiffs' Complaint. In the alternative, it is requested the Court require Plaintiffs to file a more specific Complaint, setting forth the specific facts as requested in the preceding argument. D. Loss of life's pleasures are no~ items of damaaes recoverable in this action. As noted previously, Plaintiff, Francis Tindal, as a brother to the decedent, is not entitled to recover ~ damages in this action. 42 Pa. C.S.A. ~8301 and 2. Therefore Plaintiffs' claims for loss of life's pleasures should be stricken for this reason alone. In the unli.kely event this Court finds that as a brother Mr. Tindal is entitled to recover damages in this action, the rule is well established in Pennsylvania that compensation for the loss of life's amenities is recoverable only if the victim survives the accident giving rise to the cause of action. Any other rule would be contrary to the compensatory objective of awarding damages to tort victims. In Willinaer v. Mercv Catholi.c Medical Center, 482 Pa. 441, 393 A.2d l188, ll91 (1978), the Pennsylvania supreme Court specifically held that: Unlike one who is permanently injured, one who dies as a result of injuries is not condemned to watch life's amenities pass by. Unless we are to equate loss of life's pleasures with loss of life itself, we must view it as something that is compensable only for a living plaintiff who has suffered from that loss. - 11 - Plaintiffs have (ailed to plead sufficient facts upon which to base a cause of action sounding in negligent infliction of emotional distress, per relevant Pennsylvania case law. The most prominent defect of Plaintiffs' attempted negligent infliction of emotional distress claim is their failure to adequately and specifically allege injuries. Plaintiffs aver generally that :Le'/ suffered severe emotional distress. However, Pennsylvania :aw requires that a complaint asserting negligent infliction of "mot ional distress aver"... that: there have been physical :"a~if',stations of the emotional distress that they have allegedly s~:tfl!r0,d." Lazor v. Milne, 346 Pa. Super. 177, 499 A.2d, 239 :19851, citina Banvas v. Lower Bucks Hoscita1, sucra. [n the Lazor and Banvas cases, the Superior Court upheld the :ria: courts' decision to sustain prelimi~ary objections and '...'2Y'''';'/ dismiss negligent infliction of emocional distress claims :0r failure to allege a distinct physical injury. In both of :~ese cases, the plaintiff had alleged only emotional harm or distress and not a resulting physical manifestation. The Lazor ;pinion concluded simply: "Finding no allegations of bodily harm in Appellants' complaint, we conclude that: .'I.ppellants' failed to state a cause of action for negligent infliction of emotional oiistress." ld., 499 A.2d at 372. Lil:ewise, in Abadie v. Riddle ~.lem()rla1 Hoscital, 404 Pa. Super.. 8, 589 p..2d 1143 (l991), the Superior Court held defendant's demurrer proper where plaintiff averred only emotional and psychological damage. - l4 - ! These rulings are consistent with Restatement (Second) of Tort ~436A, which provides that: If the actor's conduct is negligent as creating an unreasonable risk of causing either bodily harm or emotional disturbance to another, and it results in such emotional disturbance alone, without bodily harm or other compensable damage, the actor is not liable for such emotional disturbance. This long standing principle of the requirement for physical injury to support a negligent infliction of emotional distress claim is also recognized in the following cases: Sinn v. Burd, 436 Pa. 392, 26l A.2d 84 (l970); Armstrona v. Paoli Memorial Hosoital, 430 Pa. Super. 36, 633 A.2d 605, 609 (1993). Strain v. Ferroni, 405 Pa. Super. 349, 592 A.2d 698, 703 (l99l); Wall by Lalli v. Fisher, 388 Pa. Super. 305, 565 A.2d 498 (1989); Boarts v. McCord, 354 Pa. Super. 96, 5ll A.2d 204 (l986); Justice v. Booth Maternitv Center, 498 A.2d 950, 953, 345 Pa. Super. 529 (l985), rev'd on other arounds 50l Pa. 429, 509 A.2d 838 (1986); Nve v. Commonwealth of Pennsvlvania. Deoartment of TransDortation, 331 Pa. Super. 209, 480 A.2d 318 (1984). Plaintiffs have failed to plead the necessary elements of a negligent infliction of emotional distress claim. Accordingly, Plaintiffs claim should be stricken for failure to sta,te a claim upon which relief can be granted. F. Plaintiffs have failed to set forth a clai~,for loss of consortium. - 15 - As noted previously, the damages for wrongful death are established for the purpose of compensating the .spouse, children or parents. of a deceased for pecuniary losses they have sustained. 42 Pa. Cons. Stat. S8301; Burkett v. Stewart, Pa. Crnwlth. , 545 A.2d 985 (l988). Here, as the brother of the deceased, Francis Tindal is precluded from compensation for 3~ch damages, not only because of the express language of the Wrongful Death Statute, but also because loss of consortium c ~a 1ms are lirni ted to spouses. Jackson v. TastvKa ke , Inc., Po.. Supe~. , 648 A.2d l2l4 (1994). As such, Paragraph 7 of Count I and Paragraph 3 of Count II of Plaintiffs' Complaint should be stricken for failure to set forth a claim upon which relieE can be granted. r; r:ONr:r,USION In light of the foregoing case law and analysis, Defendant, Jonathan P. Whitney, M.D., respectfully requests this Court to grant his Preliminary Objections and dismiss Plaintiffs' Complaint in its entirety. Respectfully submitted, :::ate:~Gqe REYNOLDS & v~ A P essiq ~l Corporation By:' LAU LEE B. BAKER, ESQUIRE rney I.D. 58874 Attorneys for Defendant, JONATHAN P. WHITNEY, M.D. lOl North Front Street Harrisburg, PA 17l08-0932 (717) 236-3200 - l6 - " II FRANCIS O. TINDAL, Pro Se and KENNETH JAMES TINDAL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. No. 98-3422 Civil Term JONATHAN P. WHITNEY, M.D. and HOLY SPIRIT HOSPITAL, Defendants CIVil ACTION - lAW JURY TRIAL REQUESTED AFFIDAVIT OF JACQUELYN I. TINDAL I, Jacquelyn I. Tindal, do hereby swear and affirm as follows: 1. I am an adult individual residing at 1824 lakeside Drive, Middletown, Dauphin County, Pennsylvania 17057. 2. 1997. 3. 4. 5. 6. I was the wife of Kenneth James Tindal at the time of his death on June 8, Kenneth James Tindal died intestate (without a will). Therefore, there is no named executor and/or executrix of his estate. No estate has been opened or raised for Kenneth James Tindal. No administrator and/or administratrix has been appointed for decedent Kenneth James Tindal. 7. No personal representative has been appointed for decedent Kenneth James Tindal. 8. I do not waive or relinquish my right to serve as administratix and/or personal representative of decedent Kenneth James Tindal and/or his estate. .~. >. (1\ .,.,-. ~5; lr; '~::: ~ 0" i u,J C) " '. , ~ f.:~ ',' C') , ~j , .=) ') D I l'." , S? '- 6: I i.U ) ,.- 1--- ~ I , C' :.~j c' ,-". (J .. . FRANCIS O. TINDAL, Pro Se and KENNETH JAMES TINDAL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. No. 98-3422 Civil Term JONATHAN P. WHITNEY, M.D. and HOLY SPIRIT HOSPITAL, Defendants CIVil ACTION - lAW JURY TRIAL REOUESTED NOTICE TO PLEAD TO: Francis O. Tindal, Pro Se 320 Conrow Street, #117 Burlington, NJ 08016 You are hereby notified to file a written response to the enclosed Preliminary Objections of Defendant Holy Spirit Hospital to Preliminary Objections of Plaintiff, Francis O. Tindal, to Defendants Holy Spirit Hospital's Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. (\. ~ .' \ r. 17 ~ METTf'lff\'ri.. f. !.._.ODSIDE \ V I J I ~T',' By CRAIG ~~N~{4uIRE Sup CILD #1590( ! KATHLEEN D~.:iE YANINEK. ESQUIRE Sup Ct I DII73445 3401 Nortl, Front Street PO. Box 5950 Harrisburg. PA 17110-0950 (717) 232-5000 Attorneys for Defendant Holy Spirit Hospital DATED: 8/12/98 152859_1 3, On or about July 14, 1998, Defendant Holy Spirit Hospital filed Preliminary Objections to Plaintiffs' Complaint. 4. The Preliminary Objections were listed for the August 12, 1998 term of Argument Court and on or about July 31, 1998, Defendant Holy Spirit Hospital filed a Brief in Support of its Preliminary Objections. 5. On or about August 3, 1998, Plaintiffs filed a document entitled "Preliminary Objections of Pro Se Plaintiff, Francis O. Tindal, to Defendants Holy Spirit Hospital's Preliminary Objections." See Exhibit "A." 6, Defendant Holy Spirit Hospital's Preliminary Objections are directed at the failure of the so-called "Preliminary Objections of Pro Se Plaintiff, Francis O. Tindal, to Defendants Holy Spirit Hospital's Preliminary Objections" to conform to law or rule of court and their insufficient specificity. 7. Defendant Holy Spirit Hospital's Preliminary Objections are also directed to the untimeliness of Plaintiffs' so-called Preliminary Objections to Defendant Holy Spirit Hospital's Preliminary Objections in that said Preliminary Objections of Plaintiffs were filed more than twenty (20) days after Defendant Holy Spirit Hospital's Preliminary Objections were filed and that Defendant Holy Spirit Hospital was prejudiced by such delay. - 2 - (4) Legal Insufficiency of a pleading (demurrer); and (5) Lack of capacity to sue, nonjoinder of a necessary party or misjoinder of a cause of action; and (6) Pendency of a prior action or agreement for alternative dispute resolution. Pa. R.C.P. NO.1 028(a)(1 )-(6) 17. However, Plaintiffs' purported "Preliminary Objections of Pro Se Plaintiff, Francis O. Tindal, to Defendants Holy Spirit Hospital's Preliminary Objections" do not state the grounds upon which they are based and are, therefore, insufficiently specific as a pleading. 18. Holy Spirit Hospital is prejudiced by the so-called "Preliminary Objections of Pro Se Plaintiff, Francis O. Tindal, to Defendants Holy Spirit Hospital's Preliminary Objections" because they fail to apprise Holy Spirit Hospital of the objections to the Preliminary Objections filed by Holy Spirit Hospital WHEREFORE, Holy Spirit Hospital respectfully requests that this Honorable Court enter an Order striking the document entitled, "Preliminary Objections of Pro Se Plaintiff, Francis O. Tindal, to Defendants Holy Spirit Hospital's Preliminary Objections" for insufficient specificity of a pleading. - 6 - 0"",1\"',1.' o ." .', "-: '. . ,,\ >, ~ " I Exhibit A ~.: " I' .,~ , .---,.. , .' .,j Francis O. Tindal, Pro Se 320 Conrow Street #117 Burlington, N.J. 08016 Telephone: [609] 386-8010 Pro Se Plaintiff: Francis O. Tindal FRANCIS O. TINDAL, PRO SE, & KENNETH JAMES TINDAL, PLAlNTlFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION . LAW VS. DOCKET NO. 98 CIVIL 3422 JONATHAN P. WHITNEY, M.D., AND HOLY SPIRIT HOSPITAL, DEFENDANTS. JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF PRO SE PLAINTlFF, FRANCIS O. TINDAL, TO DEFENDANTS HOLY SPIRIT HOSPITAL'S PRELIMINARY OBJECTIONS The Plaintiff, by and through his Pro Se counsel, Francis O. Tindal, hereby files the preliminary objections to Defendants' preliminary objections to Plaintiffs' Complaint and avers the following reasons thereto: 1. Admitted. 2. Admitted, an action has been commenced. However, Plaintiff does not have sufficient information with which to further respond at this time, and plaintiff reserves the right to amend this answer upon further investigation and discovery. 3. Admitted. 4. Admitted. 5. Plaintiff does not have sufficient information with which to respond to this stlltement at this time. However, plaintiff reserves the right to amend this answer upon 2 .~. ".; further investigation and discovery. 6. Plaintiff does not have sufficient information with which to respond to this statement at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 7. Francis O. Tindal, is infact, the plaintiff in this action. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 8. Plaintiff does not have sufficient information with which to respond to this statement at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 9. Francis O. Tindal, is infact, the plaintiff in this action. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 10. Plaintiff does not have sufficient information with which to respond to this statement at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 11. Plaintiff does not have sufficient information with which to respond to this statement at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 12. Plaintiff does not have sufficient information with which to respond to this statement at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 13. Francis O. Tindal, plaintiff, does not have sufficient information with which to respond to this statement at this time. However, plaintiff reserves the right to amend this 3 answer upon further investigation and discovery. 14. Plaintiff does not have sufficient information with which to respond to this statement at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. IS. Defendants' attorney's are making assumptions and interpretations for Plaintiff. However, plaintiff reserves the right to amend this statement upon further investigation and discovery. 1. Plaintiff indeed has capacity to sue and legal sufficiency, as he is a citizen of age and has incurred a loss. ANDERSON PENNSYLVANIA CIVIL PRACTICE, vol. 7, ~ 2201. No.(2) Authors Comment states: "The plaintiffs right to bring the action. The mere recital that the plaintiff is the personal representative of the decedent or the recital that six months have elapsed since the death of the decedent and no action has been brought by him and that the plaintiff is entitled to recover damages in the action for wrongful death is a sufficient averment of the plaintiffs right to bring the action. However, plaintiff reserves the right to amend this statement upon further investigation and discovery. Francis O. Tindal, plaintiff, did have an agreement to enter into an action with Kenneth Tindal's wife, Jacquelyn I. (Artley) Tindal, the executor on record to Kenneth Tindal's estate, for a remedy or relief. And, since Kenneth J. Tindal has no children of record, and his estranged wife, Jacquelyn I. Tindal, is not going to sue, then who will, if not the Plaintiff, Francis O. Tindal? However, plaintiff reserves the rightto amend this answer upon further investigation and discovery. Plaintiff seeks to recover damages under a claim for Medical Malpractice, but not limited to such. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. i' ii il 4 if' , )1 ! , . West's Pennsylvania Digest2d Vol. 47 Parliamentary Law - Perpetuities 1998 Cumulative Annual Pocket Part, Parties 1. Plaintiffs, (A) PERSONS WHO MA Y OR MUST SUE, KEY # 3. Nature and extent of interest. Pa.1989. Interest in outcome of litigation is "direct" for purpose of standing, if mailer complained of caused harm to parties's interest. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 16. Same as above. Plaintiff is not the "spouse, child, or parent of the deceased," and although, Francis O. Tindal, did have an agreement to enter into an action with Kenneth Tindal's wife, Jacquelyn 1. (Artley) Tindal, the executor of record to Kenneth Tindal's estate, for a remedy or relief. And, since Kenneth 1. Tindal has no children of record, and his estranged wife, Jacquelyn I. Tindal, is not going to sue, then who will, if not the Plaintiff, Francis O. Tindal? However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 17. As indicated above. However, plaintiff reserves the right to amend this statement upon further investigation and discovery. 18. Blacks Law Pocket Dictionary, Garner & West. 1996. St. Paul. "Consortium" can be simply an agreement to consolidate, and is not restricted to spouses. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 19 As above. 20. Blacks Law Pocket Dictionary, Garner & West. 1996. St. Paul. Consortium can be simply an agreement to consolidate, and is not restricted to spouses. 5 , ; I i However, plaintiff reserves the right to amend 'this answer upon further investigation and discovery. 21. Blacks Law Pocket Dictionary, Gamer & West. 1996, St. Paul. Consortium can be simply an agreement to consolidate, and is not restricted to spouses. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 22. Plaintiff, often, regularly, and on numerous occasions visited his brother (Ken) during his lengthy hospitalization, and was witness to abuses and negligence that were suffered by his brother, Kenneth James Tindal, while he (Ken) was a patient of Dr. Jonathan P. Whitney, at Holy Spirit Hospital, Camp Hill, PA., up to, until and after his expiration. All the while in close contact With Ken's wife Jacquelyn, who gave in-depth reports to Francis, via phone calls to him, or his friend Lois, at her( Lois's) home in Burlington, NJ., and at times when he (Francis) was unavailable to receive calls, messages were left by Jacquelyn, as to his brother Ken's, health condition, medications, theories, test results, scheduled testings, as well as Jac's opinion on these, and other issues. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 23. Acknowledged. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 24. Acknowledged. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 25, Acknowledged. However, plaintiff reserves the right to amend this answer 6 , ' upon further investigation and discovery. 26. No answer required. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 27. As above. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 28. Answering Plaintiff objects to this objection on the ground that it requires a physician's conclusion and/or expert opinion. Without waiving the aforesaid objection, Plaintiff reserves the right to amend this answer upon further investigation and discover. 29. Answering Plaintiff objects to this objection on the ground that it requires a physician's conclusion and/or expert opinion. Without waiving the aforesaid objection, Plaintiff reserves the right to amend this answer upon further investigation and discover. 30. No answer is required. 31. No answer is required. 32. No answer is required. 33. No answer is required. 34. Answering Plaintiff objects to this objection on the ground that it requires a physician's conclusion and/or expert opinion. Without waiving the aforesaid objection, Plaintiff reserves the right to amend this answer upon further investigation and discover. 35. Medical Malpractice. Jonathan P. Whitney, Holy Spirit Hospital,The Eight Floor leu Employees and Nurses in charge and/or their supervisors, but not limited to these particulars. Inadequate, excessive & improper medications and excessive health care and procedures, and unsanitary conditions which led to serious hospital born infections to decedent, 7 ". limiting any possibilities of recovery. This response is not intended to limit the scope of the claims for malpractice. Answering Plaintiff objects to this objection on the ground that it requires a physician's conclusion and/or expert opinion. Without waiving the aforesaid objection, Plaintiff does not have sufficient information with which to answer this question at this time. Plaintiff reserves the right to amend this answer upon further investigation and discover. 35. Plaintiff was not aware at the time of the occasion of the incidence that a wrong was being committed and hence was unable to take names. A matter of records will reveal those individuals responsible and their supervisors. In addition, plaintiff has made efforts to acquire some information by phone, and in person. Those efforts were thwarted. Answering Plaintiff objects to this objection on the ground that it requires a physician's conclusion and/or expert opinion. Without waiving the aforesaid objection, Plaintiff does not have sufficient information with which to answer this question at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 36. Jonathan P. Whitney, Holy Spirit Hospital, The Eight Floor reu Employees and Nurses in charge and/or their supervisors, but not limited to these particulars. Inadequate, excessive & improper medications and excessive health care and procedures, and unsanitary conditions which led to serious hospital born infections to decedent, limiting any possibilities of recovery. This response is not intended to limit the scope of the claims for malpractice. Answering Plaintiff objects to this objection on the ground that it requires a physician's conclusion and/or expert opinion. Without waiving the aforesaid objection, Plaintiff does not have sufficient information with which to answer this question at this time. However, 8 plaintiff reserves the right to amend this answer upon further investigation and discovery. 37. No answer required. 38. No answer required. 39. Answering Plaintiff objects to this objection on the ground that it requires a physician's conclusion and/or expert opinion. Without waiving the aforesaid objection, Plaintiff does not have sufficient information with which to answer this question at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. . 40. No answer required. 41. No answer required 42. No answer required 43. Answering Plaintiff objects to this objection on the ground that it requires a physician's conclusion and/or expert opinion. Without waiving the aforesaid objection, Plaintiff does not have sufficient information with which to answer this question at this time. However, plaintiff reserves the tight to amend this answer upon further investigation and discovery. 44. Plaintiff, often, regularly, and on numerous occasions visited his brother (Ken) during his lengthy hospitalization, and was witness to abuses and negligence that were suffered by his brother, Kenneth James Tindal, while he (Ken) was a patient of Dr. Jonathan P. Whitney, at Holy Spirit Hospital, Camp Hill, PA., up to, until and after his expiration. All the while in close contact With Ken's wife Jacquelyn, who gave in-depth reports to Francis, via phone calls to him, or his friend Lois, at here Lois's) home in Burlington, NJ., and at times when he (Francis) 9 was unavailable to receive calls, messages were left by Jacquelyn, as to his brother Ken's, health condition, medications, theories, test results, scheduled testings, as wel1 as Jac's opinion on these, and other issues. However, plaintiff reserves the right to amend this answer upon . " ~ 'JI I ^. further investigation and discovery. 45. Answering Plaintiff objects to this objection on the ground that it requires a physician's conclusion and/or expert opinion. Without waiving the aforesaid objection, Plaintiff does not have sufficient information with which to answer this question at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 46. Answering Plaintiff objects to this objection on the ground that it requires a physician's conclusion and/or expert opinion. Without waiving the aforesaid objection, Plaintiff docs not have sufficient information with which to answer this question at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. WHEREFORE, Plaintiff, Francis O. Tindal,'requests that this Honorable Court enter an :'1 oJ :1 I I .~ \ \ ~, ,k :.~.'I it ,; ". Order that the Preliminary Objection of the Defendant be dismissed. Respectful1y submitted, ~{b.4~ Dated: 7/31/98 Francis O. Tindal, Pro Se Plaintiff cc: Kathleen Doyle Yaninek, Esquire Lauralee B, Baker, Esquire Craig A. Stone ra Is / OJ 8; ~ ,:: '1, 10 , ii !i CERTIFICATE OF SERVICE I hereby certify that I served a copy of the forgiong document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of samc in the U.S. mail, First-Class postage prepaid, as follows: Lauralee B. Baker-Star, Esquire Reynolds & Havas 101 Pine Street P.O. Box 932 Harrisburg, PA 17108-09332 Kathleen Doyle Yaninek, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17119-0950 Pro Se, for Plaintiff ~6.-:1~ Francis O. Tindal 9/s/38 DATED: 07/31/98 11 Reference No..: Filed........: 6/19/1999 Case TYPe.....: COMPLAINT Time.........: 0/00/10014080 Judgmeilt;. . . . . . . .00 Execution Date u Judge Assigned: OLER J WESLEY JR Sat/Dis/Gntd.. 0/00/0000 Jury Trial.. . . Higher Court 1 Hiaher Court 2 *******.****************.***********+****+*******.**********.*************+.w*** General Index Attorney Info TINDAL FRANCIS 0 PLAINTIFF PRO SE 320 CONROW STREET APT #117 BURLINGTON NJ TINDAL KENNETH JAMES 1824 LAKESIDE DRIVE MIDDLETON (HIGHSPIRE) PA WHITNEY JONATHAN P DR 425 N 21ST STREET CAMP HILL PA 17011 HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL PA 17011 PYS510 1998-03422 TINDAL Cumberland County Prothonotary's Office Page Civil Case Ingui~ FRANCIS 0 ET AL (VS) WHITNEY JONTHAN P !olD ET AL 1 PLAINTIFF 17057 DEFENDANT BAKER-STARR LAURALEE B DEFENDANT YANINEK KATHLEEN D *********************************************************************..*******.. * Date Entries * ****+***************************************************************..********** 06/19/98 COMPLAINT - CIVIL ACTION - MEDICAL MALPRACTICE 06/26/98 SHERIFF'S RETURN FILED Litigant.: WHITNEY JONATHAN P DR SERVED : 6/25/98 NOT & COMPL Costs....: $33.30 Pd By. : FRANCIS O. TINDAL 06/26/1998 06/26/98 SHERIFF'S RETURN FILED Litigant.: HOLY SPIRIT HOSPITAL SERVED : 6/25/98 NOT & COMPL Costs....: $12.00 Pd By: FRANCIS O. TINDAL 06/26/1998 PRAECIPE FOR ENTRY OF APPEARANCE FOR JONATHAN P WHITNEY !olD BY LAURALEE B BAKER ESO DEFENDANT HOLY SPIRIT HOSPITAL'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT PRELIMINARY OBJECTIONS OF DEFENDANT JONATHAN P WHITNEY !olD TO PLAINTIFFS' COMPLAINT PRAECIPE FOR LISTING CASE FOR ARGUMENT BY KATHLEEN D YANINEK ESQ DEFENDANT HOLY SPIRIT HOSPITAL'S PRELIMINARY OBJECTIONS PRAECIPE FOR LISTING CASE FOR ARGUMENT BY LAURALEE B BAKER ESQ DEFENDANT JONATHAN P WHITNEY MO'S PRELIMINARY OBJECTIONS PRELIMINARY OBJECTIONS OF PRO SE PLAINTIFF F~CIS 0 TINDAL TO DEFENDANTS PRELIMINARY OBJECTIONS ORDER OF COURT - DATED 7/30/98 - PLAINTIFF REOUESTING A CONTINUANCE OF THE ARGUMENT ON PRELIMINARY OBJECTIONS OF OEFENDANT HOLY SPIRIT HOSPITAL IS DENIED - BY J WESLEY OLER JR J - COPIES MAILED 9/3/98 08/05/98 PRELIMINARY OBJECTIONS OF PRO SE PLAINTIFF FRANCIS 0 TINDAL TO 08/ DEFENDANTS HOLY SPIRIT HOSPITAL'S PRELIMINARY OBJECTIONS 10/9B AFFIDAVIT OF JACQUELYN I TINDAL **+***********+***~.*************************************..********************* * EScrow Information * * Fees & Debits Bea Bal Pvmts/Ad~ End Bal * **.+**********************+*****~*****T**#******i****+************************** 07110/98 07/15/98 07/20/99 07121/98 07/22/98 07/29/98 07/30/98 COMPLAINT TAX ON CMPLT SETTLEMENT JCP FEE 35.00 35.00 .00 .50 .50 .00 5.00 5.00 .00 5.00 5.00 .00 ------------------------ ------------ 45.50 45.50 .00 ********************w********************************.*~*************.*****~.*** ~ End of Case Information * ** *** ** ** * ** ** * *.. ** * ** **** * *.. *****~ * *** * * ..** ** ** * ****** *** *** * *** ~_..*****.....,,: *""''''-. ',-~.. ~;.;:.,.~~?-'. .~:"'.,, ~:,. LAIJRALEE B. IlAJ(ER, ESQUIRE Pa. Supreme Court 1.0. No. 58874 REYNOLDS , HAVAS A Professional Corporation 101 Pine Street Post Oftice Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: Fax: E-MAil : [717] 236-3200 [717] 236-6863 reyhav@epix.net Attorney for Defendant: JONATHAN P. WHITNEY, M.D. FRANCIS O. TINDAL, PRO SE, AND KENNETH JAMES TINDAL, PLAINT I FF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 98 CIVIL 3422 JONATHAN P. WHITNEY, M.D., AND HOLY SPIRIT HOSPITAL, DEFENDANTS. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: MR. FRANCIS O. TINDAL (PRO SE) 320 Conrow Street, #ll7 Burlington, NJ 08016 YOU ARE HEREBY NOTIFIED to plead to the enclosed PRELIMINARY OBJECTIONS within twenty (20) days of service hereof, or a default judgment may be entered against you. REYNOLDS & HAVAS A Professional Corporation Date:~~ ~Dllq~8 LEE B. BAKER ney for Defendant, JONATHAN P. WHITNEY, M.D. 10l Pine Street P. O. Box 932 Harrisburg, PA 17108-0932 (717) 236-3200 .,. 20. In paragraphs 4, 6 and 7 of Count I of Plaintiffs' { . .<OJ :.i 11 ~ ' r:' ~, ~,.:,; ,( 7" ~J I': I " , I i i ~~ j ,:\ Complaint, as well as paragraph 3 of Count II of Plaintiffs' Complaint, Plaintiffs generally allege that the defendants and "their agents, servants, and employees" were negligent in the care and treatment of Plaintiff, Kenneth Tindal. 21. At no point in the Complaint do Plaintiffs specifically indicate which of Dr. Whi tney 's" agents, servants and employees" were allegedly negligent. 22. It has been held that a Complaint must not only give the defendant notice of what the plaintiff's claim is and the grounds upon which it rests, but also must formulate the issues by summarizing those facts essential to support the claim. Baker v. Ranaos, 229 Pa. Super. 333, 324 A.2d 498 (1974). 23. In the very least, a complainant must allege facts which: (1) Identify the agent by name or appropriate description; (2) Set forth the agent's authority, and how the tortious acts of that agent fall within the scope of that authority. Alumni Association. et al. v. Sullivan, 369 Pa. Super. 596, 535 A.2d 1095 (1987). 24. Without further facts to substantiate the identity of "agents, servants and employees" of Dr. Whitney who allegedly committed the negligent acts, Dr. Whitney is without notice as to - 6 - I I ! . t: I, " 'I: . j' . I. for damages regarding their decedent's loss of life's pleasures set forth in paragraph 7 of Count I of Plaintiffs' Complaint. V. PRELIMINARY OB,TECTION IN THE NATURE OF A MOTION TO STRIKE PLAINTIFFS' CLAIM FOR MENTAL AND EMOTIONAL DISCOMFORT AND DISTRESS. 29. The foregoing paragraphs are incorporated herein by reference as though set forth fully at length. 30. In paragraph 7 of Count I of Plaintiffs' Complaint, Plaintiffs claim that they have and will continue to "suffer great physical and mental anguish" as a result of the alleged negligence. 31. It is well settled that in order for a plaintiff to state a cause of action for negligent infliction of emotional distress, the plaintiff must be located at or near the scene of the occurrence, must have suffered severe mental distress as a result of contemporaneously observing the occurrence and must be closely related to the injured party. Sinn v. Burd, 486 Pa. 146, 404 A.2d 672 (1979). 32. In order to receive damages for mental distress, a plaintiff must also allege he sustained physical manifestations as a result of the alleged mental distress. 33. Plaintiff Kenneth Tindal is now deceased and therefore has no claim for negligent infliction or emotional distress. 34. Additionally, Francis Tindal has not alleged any facts to indicate that he contemporaneously observed the occurrences of - 8 - "..';. f ", " '~~~"': ,.. .~ i!(, . ~ I ,,\1 '/ ., , .. t, I i ,'.,' '! , . I i ,j~ \1 ~ 1), ,1'- ' '1\ ' "Ii' , ,i {; i. I'. ./ ii' , I [f, 1". I( " " :1 i\ : I' I ! ;~ il'~ I , i .. I it ,~ ., :'i 1 y ,I Fl1UJcis 0 Tind:11 320 Conmw Sllcet #117 --- .... r~"l{.~'" (). T.,d"J ?rT> 5e. f-/< ('1{11 eft, Jr,V'1 (':,.0 ,,'c(~.r /824- !A h €.s.,d '<. b ;'/1/'(. (fI')'h5f~YR.) t1,'/~({ IOV',,", rtf.. ( .., 057 /)r. VJ~ ;1,., ('f. "'-1"/ J. fzs IV. 2 r >7' )i,.ee.1 (Jo41fH"//1 'fA. (7Df I (7(7) 7GI-746 C> . /-lory Sf ,'v IT lfofJ14 f S"'" N. 2/'1 ')T. CA.M(J Ifdf, {>o (/6({ You h<<ve been sued in court. If)'Oll wish to defend against the c1a1Jns in the foJ..lD<ring p<)~. you ITUSt take action w.i.tlUn twenty (20) days after this CXllPUrlnt and ootice ~ served. by entering a llIritten appearance pexsonally or by aI'I attorney and filing in writing with tile court your defenses Dr objec- tions to the cl11:i.ms set forth against you. You am wax:ned that if you fail to do !'io the: cane I1HY pJX)Cf'.ed wiUlout you and a joogrent I1HY be entered against you by tile court withOut further notice for any lTOOOy c1ained in the COIPlaint or for any other cllrim Dr relief requested by tl'le plaintiff. YOU rre:y lose llOooy or property or otl1er ri<j1ts inl>Ortant to you. f/q :>tf''/P . . V C, 7'rdJ.o,,;;t-oI'YCC...; J LH"~ D~f(I1Jqy.i Ct<C""lbl?V'ftl.l<J ec,lil1.f1 f &/AV tl.o w';f? C;1rI,UWe. CO.l'/;sl 'f I PA 17 0 ~ 3 -13 B 7 /)acJ<..et f/tJ; 91-3 '1J.~ Cod '-G..f( yoo SlOJLD TAKE THIS PlIPER TO YCUR Ll\W'iER AT (N:'E. IF YOO 00 tor HAVE A U\.WiER OR CNll'C1r AFfURD (lI1E, CD 'lU OR 'Jl:':LEPIDlE THE: 0FFta: SET FUKlH BEU:lW 'lU F1ND cur WliERB 'lOO CAN G:1' Il'):;!I.L HELP. CUMBERLAND CO'mTY EI,R ASSOCIATION 2 LIDERTY AVENUE CARLISLE PA 17013 (717) 249 3166 .~. ....-:: .~-""""''''''''''J. , . . - .... ", . ". .. ,".:.. .~.::.. --, ", .: "" tRUE cP.1?'! FROM ~EOORb In Testimony ~~. Il!llfll unto set my.-@ld E~~~~'~ ~~ ~;Q .~<'..~ . . u .... P.mthontltary i. i' '., [. .., I. "~,I il II 1'1 1.[' . ,1'1. 'r. 11 1\ it , \:1 ! r' li\,.,. ....J : ,-:J 1-; I) I i~ It ~ if ! I ' i~ " , J l'" , , ) f. . I d }, 'I ::(' (.!" FflUIds 0 Tintl:u 320 Conrow Street #11"/ Burlington, NJ. 08016 (609) 386-8010 Pro Se for Plaintiff Kenneth James Tindal & Frrulcis O. Tindlu Francis O. Tindal Pro Se & Kenneth James Tindal Plaintiff 1824 Lakeside Drive (Highspire)MiddIetown . Pa. vs. 17057 ...JD~"Th~" 'P. DcfencLmt Dr.1Whimey and "'.' "'~425N:i2-!l1L ~t Camp Hill, PA 17011 (717) 761-7400 Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 (717) 763-2100 PROTHONOTARY (Crvn. COURT ISSUES) CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARUSLE, PA 17013-3387 DOCKET NO.: q; -..s .l/;l;;... G u( t 1't:/l-J1.t CIVIL COMPLAINT TO: CLERK OF PROTI-IONOTARY ONE COURTHOUSE SQUARE CARIlSLE. PA 17013-3387 PHONE NO. (717) 240.6195 U.22 MEDICAL MALPRACTICR COMPLAINT COUNT I L The plaintiff. Franci.~ O. Tindal for Kenneth James Tindal resides at 320 Conrow SI. apt.# J 17 , City of BurJinl:fon. Stale of New Jersey . 2_ The defendant(s). Dr Whitney. M.D., and treating physicians, at all times hcreinconcemed was a physician(s) licensed to practice medicine within the Commonwealth of Pennsylvania and maintains an office to practice medicine at42S N. 21st Street .Carnn HilhEA. l1QJl ,and hereinconccmcd practiced at Holy Spirit Hospital, City of Camp Hill, County of CumhP.rlanq (Carlisle), Slate of Penn~ylvania. 3. The defendant...H.o~ltit Hospital, located at 503 North 21st Street. Camn Hill, City off'.;lmp Hill, County of Cumberland (Carlisle), PA. 17011. Is alicc:nsed hospital and a Pennsylvania entity which at all times hercinconcemed was engaged in providing medieal, surgical, anesthetic, hospital, and nursing care, treatment and services [0 the public, including the plaintiff's deceased brother "Kenneth James Tindal," 4. At all times hereinconcerncd, the defendant, their agents, servants and employees held themselves out to the general public and in particular to the plaintiff, Kenneth James Tindal & ;:..;'.;j 'l'dlllJ . ...... ~ '. t ,--- '-.. -----. ----.. . Francis O. Tindal, as competent and expert in medical diagnosis, surgery, tre.1lment, care and all other medical and surgical problems and conditions. 5. From on or about t ~~~ through June 9. 1997 and a considerable time prior thereto, the plaintiff', n' James Tindal, was a patient of the defcndant, Dr. Jonathan P. Whitnc:y425 N. 2~4 ~;~t.carnp Hill. PA> 17011 ,receiving care and treatment at the defendant hospItal from ( through June 9. 1997 , 6. The defendants, theIr ~ents, servants and employees, negligently. carelessly and/or unskillfully cared for and treated the plaintiff, Kenneth Jame.~ Tindal during but not limited to, the dates herein above set forth, as follows: a. Negligent failure to follow the standard of care and skill of the average qualified member of the profession practicing the specialties practiced by the defendants, and the employees. servants and agents of the defendants, taking into account advanees in the profession. b. Negligent failure to follow the standard of care and skill of the average hospital undertaking the care of patients such as the plaintiff, taking into account advances in the profession. c. Neglieent failure to diagnose the conditions and medical problems oftbe plaintiff, and the subsequent complications. d. 'Negligent failure to treat or adequate treat the conditions and medical problems of the plaintiff, and subsequent complications. e. Negligent failure to prescn'be or atlminister Dr have administered, or prescribe or arlrninister or have administered in the proper amounts, certain medications Dr medicines to the plaintiff. f. Negligent failure to respond to certain symptoms of the plainti1I, or negligently failed to use diligence in any responses made. in the care and treatment of the plaintiff, and any subsequent complications. 7. As a direct and proxUnate result of the negligence and carelessness of the defendants, their agents, servants and/or employees, as hereinabovc set forth, the plaintiff, Kenneth James IiIliW & Francis 0 Tindal, has been caused to suffer great physical and mental anguish and continues to suffer severe and permanent injuries. including but not Hmited to enjoyment of a =:~v relativelv healthy and enio.yable life. pursuit of hllJl~~~~l~=t ~~~:nities. relations with his Jei%familY :e;;~;:';- :~:~e;. ; .) and Francis O. Tiodal ha~ lost a brother a hes' . end a c nfidant a n 0 and has required subsequent medical care. Kenneth James Tindal & Francis O. Tind,y, has suffered great physical and mental anguish and continues to suffer the same. Kenneth James Tindal & Francis 0 Tindal, has been, and will be in the future cWJsed to expend great sums of money for medical, hospital and psychological care and treatment WHEREFORE, the plaintiff, Kenneth Jam..s Tindal and Francis 0, Tindal demands judgement against the defendants, jointly and/or severally, together with interest and costs. COUN7'II 1. The plainti1I, Francis 0, Tindal for Kenneth James Tindal, resides at 320 Conrow St apt. # 117. City of, -'Burlington, State of New Jersey, and is the brother of the plaintiff, 2. The plaintiff realleges. repeats and reavers the allegations of paragraphs one through (B'd ~L8p L[L LTL . a31~ "'31M Tp:ST 866T-0[-Nnr " J'HAECII'E FOH LISTING CASE FOil A HGlIl\1 ENT (Musl he typcwrillcn IIl1d sul1lnillcd 111 duplicate) C6Y'-1 TO TilE PROTHONOTARY OF ClJIII II Ell LAN/l COlJNT\': Please JiSllhc \\"IlhHllJlIlllcr for the lIe.\:1 ^,pumcfll COlll1 -------------------------------------------------------------------------------------------------------------___a_a. CAPTION OF CASE (entire caption must be staled in full) Francis O. Tindal, Pro Se and Kenneth James Tindal, (plainlill) vs. Jonathan P. Whitney, M.D. and Holy Spirit Hospital, (Derendnnl) No Civil 98-3422 19_ I. State mntter to be argued (i.e. plallltill's mOllon for new Inal. delcndant's demunw to compllllnt, ete,): Defendant Holy Spirit Hospital's Preliminary Objections 2, Identify COUl1sclll'ho will argue case: <a) for Plninlil1' Pro Se Address: 320 Conrow Street, Apt. 11117 Burlington, NJ 08016 (b) for Defendant: Holy Spirit Hospital Jonathan P. Whitney, MIl AddrcssrCraig A. Stone, Esq. Laurlllee Baker-Starr, Esq. Kathleen D. Yaninek, Esq. Reynolds & Havas Mette, Evans & Woodside PO Bo" 932 PO Box 5950, Hbg., PA 17110 Harrisburg, PA 17108-0932 3, lll'ill noti(y all pm1ies in II'riting wilhin tll'O da)'s thm this case has heen listed for argument. 4. Argument COUrt Dnte: August 12, 1998 Datcd: 07117/98 150246-1 Hospital ~rd ~ ARGUMENT COURT -) The Prothonotary shall maintain the argument court list. RULE 210-1. Note: This rule is derived from former Rule 211-2. Adopted November 27, 1985, effective January 1, 1986. RULE 210-2. A case shall be listed for argument by filing a praecipe, in duplicate, with the Prothonotary. The party listing the case for argument shall serve a copy of the praecipe on all counselor any unrepresented party. Note: This rule is derived from former Rule 211-5. Adopted November 27, 1985, effective January 1, 1986. RULE 210-3. the date for prothonotary '\ listing. The argument list shall be closed twenty (20) days prior to argument. The list shall then be prepared by the on which the cases shall be set out in the order of their Note: This rule was derived from former Rule 211-4. Adopted November 27, 1985, effective January 1, 1986. RULE 210-4. Upon the closing of the argument list, the Prothonotary shall furnish notification to all attorneys who have cases listed for argument, by leaving a card in their distribution folders in the Prothonotary's office. The Prothonotary shall notify all other attorneys and unrepresented parties of the listing by regular mail. Note: This rule is derived from former Rule 211-6. This rule amends prior practice. Adopted March 1, 1991, effective March 10, 1991. (l :,~';;' 6 "-'~'~ ... ~) RULE 210-5. One week prior to argument, the Court Administrator, at the direction of the President Judge, shall prepare the final list of cases to be argued before either a single judge, or an en banc panel of two judges, or three judges. The list of assigned cases shall be posted in the Prothonotary's Office and the Law Library six (6) days prior to the date for argument. Note: The amendment to this rule changes prior practice. Adopted March 1, 1991, effective March 10, 1991. RULE 210-6. A brief with two copies containing a statement of facts, discussion of the issues and reference to all authorities relied upon, shall be filed with the Court Administrator before argument. Pennsylvania appellate cases must be cited from both the Official Reports and the National Reporter System. The party seeking the order shall furnish these briefs and serve a copy of the brief upon opposing counsel or any unrepresented party twelve (12) days before the date set for argument. A responding party shall furnish briefs in a similar manner five (5) days before the date set for argument. If the party seeking the order has not filed a timely brief in accordance to the time limitations of this rule, the court may deny the relief sought on that basis alone. .-'....... , , , The amendments to this rule changes prior practice. Adopted March 1, 1991, effective March 10, 1991. RULE 210-6-1(a). References in any brief to parts of the record appearing in a reproduced record shall be to the pages and lines in reproduced record where said parts appear, e.g., "(r. pg. 30 1. 15) the " (b) If references are made in the briefs to parts of the original record not reproduced, the references shall be to the parts of the record involved, e.g., "(Answer p.7)," "(Motion for Summary Judgment p.2). " Adopted August 1, 1993, effective September 15, 1993. RULE 210-7. Issues raised, but not briefed, shall be deemed abandoned. ( .~ ! .'~ ',-~,/ Adopted November 27, 1985, effective January 1, 1986. 7 1 RULE 210-13. All agreements for continuances and/or withdrawals communicated to the Court Administrator in writing no later than (7) days prior to Argument Court. shall seven Adopted March 1, 1991, effective March 10, 1991. RULE 210-14. No petition or motion filed pursuant to Pennsylvania Rules of civil Procedure regarding depositions and discovery, Pa.R.C.P. 4001 et seq., shall be placed on an argument court list unless directed by the judge assigned thereto. Note: Was prior Rule 210-10. Adopted November 10, 1990, effective November 30,1990. Amended March 1, 1991, effective March 10,1991. ; ; 9 actions that survive a decedent (such as Kenneth James Tindal) must be brought by or " , against the personal representative, a status which Francis O. Tindal does not possess. I: 18. Also, Francis 0, Tindal, brother of the decedent, appears to be inappropriately making a claim for loss of consortium, by pleading Paragraph 7 of Count I: 7, As a direct and proximate result of the negligence and carelessness of the defendants, their agents, servants and/or employees, as hereinabove set forth, the plaintiff, Kenneth James Tindal & Francis O. Tindal, has been caused to suffer great physical and mental anguish and continues to suffer severe and permanent injuries, including but not limited to enjoyment of a previously relatively healthy and enjoyable life, pursuit of happiness in employment opportunities, relations with his kin (family members- younger brothers and sisters) and Francis O. Tindal has lost a brother a best friend a confidant and mentor and has required subsequent medical care, Kenneth James Tindal & Francis O. Tindal, has suffered great physical and mental anguish and continues to suffer the same, Kenneth James Tindal & Francis O. Tindal, has been, and will be in the future caused to expend great sums of money for medical, hospital and psychological care and treatment. See Exhibit "A," Count I, paragraph 7, (emphasis added). 19, Also, Francis O. Tindal attempts to make a claim for loss of consortium in paragraph 3 of Count II: - 5 - WHEREFORE, Holy Splnt Hospital respectfully requests that this Honorable Court strike paragraphs 6 and 7 of Count I, and paragraph 3 of Count II of Plaintiffs' Complaint due to insufficient specificity. PRELIMINARY OBJECTIONS IN THE NATURE OF A MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY OF A PLEADING PURSUANT TO Pa.R.C.P. No. 1028(a)@.L 30, In paragraph 4 of Count I of the Complaint, "Plaintiffs" plead as follows: 4, At all times herein concerned, the defendant, their aqents. servants and emplovees held themselves out to the general public and in particular to the plaintiff, Kenneth James Tindal & Francis O. Tindal, as competent and expert in medical diagnosis, surgery, treatment, care and all other medical and surgical problems and conditions. See Exhibit "A," paragraph 4 of Count L (emphasis added), 31, In paragraphs 6 and 7 of Count I of the Complaint, "Plaintiffs" plead as follows: 6. The defendants, their aQents, servants and emplovees, negligently, carelessly and/or unskillfully cared for and treated the plaintiff, Kenneth James Tindal, during but not limited to, the dates herein above set forth, as follows: a. Negligent failure to follow the standard of care and skill of the average qualified member of the profession practicing the specialties practiced by the defendants, and the emplovees. servants and - 10- PRELIMINARY OBJECTIONS IN THE NATURE OF A MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY OF A PLEADING PURSUANT TO Pa.R.C.P. No. 1028(a}GL 37, In paragraph 5 and 6 of Count I of the Complaint, "Plaintiffs" plead as follows: 5. From on or about April throuqh June 9, 1997 and a considerable time prior thereto, the plaintiff, Kenneth James Tindal, was a patient of the defendant, Dr. Jonathan P, Whitney, 425 N, 21st Street, Camp Hill, PA 17011, receiving care and treatment at the defendant hospital from April throuqh June 9, 1997. 6, The defendants, their agents, servants and employees, negligently, carelessly and/or unskillfully cared for and treated the plaintiff, Kenneth James Tindal, durinq but not limited to, the dates herein above set forth, as follows: a. Negligent failure to follow the standard of care and skill of the average qualified member of the profession practicing the specialties practiced by the defendants, and the employees, servants and agents of the defendants, taking into account advances in the profession, b. Negligent failure to follow the standard of care and skill of the average hospital undertaking the care of patients such as the plaintiff, taking into account advances in the profession, c, Negligent failure to diagnose the conditions and medical problems of the plaintiff, and the subsequent complications - 14 - '" ",'""',. ',>: ~". ':'" ""''','11' ,r;;:.., \,V Exhibit A t<".. I'. ... \ J , ); . ., ?=rtt '1 ";,, D. T .,cla- ( /j.T>) e. t./:: fJrtl efJ., hV'1 (~ ;;" ~~. ( 1824 fA h €.s.,d'( b ;'/iI-e {fI')'~5f;Y~) j1,''/J({ toV'''"' rtf., (f 05 7 /)r, VJj, ;1rt ('I "'- V{ 1. 12.<; II/. 2 (>7' )7"~e.1 (l.."t H,'III 'fA. (7D I ( (7 (7) 7 G /-74 () C> . I ;-!o(y )/,'v,t /to 'f114 S"'e, N. 2i,r)t. CA~(J IfI'(I, po ('16(1 ? /q :l1fll'fJ. . V S ?r.j/.o"o! Ol-tce~; J (eLJ"~ b r:.-AhdcrJtl1 CUWI6fV'/a. vj (0'11117 I &""vti,,,w,:/< ~~iNV'e Co"./r'sl 'f/ PA /7 0 f'3 "'J; B '7 - f)iJc!ce1 1ft;; q cf- dr;l.~ C;od ~~ You have been sued in coUrt. If you wish to defend against the claims set forth in the follo.ring pages, you RUSt take action within twenty (20) days after this corrplaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objec- tions to the claims SPot forth against you. You are wamed that if you fail to do so the case nay Proceed without you and a ju:lgrent lTay be entered against you by the coUrt without further notice for any IlOney clained in the c:c:rtplaint or for any other claim Dr relief requested by the plaintiff. You nay lose ncney Dr property or other rights inportant to you. YOO SHOOLD TAKE THIS PAPER '10 YOOR LAWYER AT oo:E. IF YOO 00 r-or HAVE A LIII't"YER OR CANrvr AFi'ORD em, G) '10 OR ~ THE OFFICE SE:r FOImi 8EIOo1 '10 FIND cur WHERE YOO CAN GET LEGM. HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249 3166 TRUE COpy FROM RECORD In Testlmony whereof, I here unto sat my hand ",.. ~...,~ ~rt~.~ '- ~%~ d~ 0 ~~}; othonotary J;d. , '. i i 'j I i I Francis 0 Tindal 320 Conrow Street # 117 Burlington,NJ,08016 (609) 386-8010 Pro Se for Plaintiff Kenneth James Tindal & Francis 0, Tindal , . ! Francis 0, Tindal Pro Se & Kenneth James Tindal Piaintiff 1824 Lakeside Drive (Highspire)Middletown , Pa, vs. 17057 PROTHONOTARY (CIVIL COURT ISSUES) CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 .J;~:: afhtl Y1 1'. Dr:'w nitney and 425 N. 21st. Street Camp Hill, PA. 17011 (717) 761-7400 Holy Spirit Hospital 503 North 21st Street Camp Hill PA 17011 (717) 763-2100 Defendant DOCKET NO.: qP-:2IfJ..~ C'-Ul (/~ CIVIL CO:MPLAINT TO: CLERK OF PROTHONOTARY ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 PHONE NO. (717) 240-6195 ~2.22 MEDICAL MALPRACTICE COMPLAINT COUNT I 1. The plaintiff. Francis 0, Tindal for Kenneth James Tindal resides at 320 Conrow St. apt.# 117, City ofBurlin~on, State of New Jersey. 2. The defendaot(s), Dr Whitney, M.D., and treating physicians, at all times hereinconcemed was a physician(s) licensed to practice medicine within the Commonwealth of Pennsylvania and maintains an office to practice medicine at 425 N. 21st. Street .Camp Hill. PA. l1illl,and hereinconcemed practiced at Holy Spirit Hospital, City of Camp Hill, County of Cumberland (Carlisle), State of~ylvania. 3. The defendant, Holy Spirit Hospital, located at 503 North 21 st Street. Camp Hill, City ofCarnp Hill. County of Cumberland (Carlisle), PA. 17011. Is a licensed hospital and a Pennsylvania entity which at all times hereinconcemed was engaged in providing medical, surgical, anesthetic, hospital. and nursing care, treatment and services to the public, including the plaintiffs deceased brother "Kenneth James Tindal:' 4. At all times hereinconcemed, the defendant, their agents, servants and employees held themselves out to the general public and in particular to the plaintiff, Kenneth James Tindal & Francis O. Tindal, as competent and expert in medical diagnosis, surgery, treatment, care and all other medical and surgical problems and conditions, . 5. From on or about f4",..: I through June 9. 1997 and a considerable time prior thereto, the plaintiff, Kenneth James Tindal, was a patient of the defendant, lli. Jonathan P. Whitney 425 N. 21st. Stre.e>. .Camp Hill. PA> 17011 ,receiving care and treatment at the defendant hospital from /1 f' H , through June 9. 1997 , 6. The defendants, their agents, servants and employees, negligently, carelessly and/or unskillfully cared for and treated the plaintiff, Kenneth James Tindal, during but not limited to, the dates herein above set forth, as follows: a. Negligent failure to follow the standard of care and skill of the average qualified member of the profession practicing the specialties practiced by the defendants, and the employees, servants and agents of the defendants, taking into account advances in the profession. b. Negligent failure to follow the standard of care and skill of the average hospital undertaking the care of patients such as the plaintiff, taking into account advances in the profession. c. Negligent failure to diagnose the conditions and medical problems of the plaintiff, and the subsequent complications. d. Negligent failure to treat or adequate treat the conditions and medical problems of the plaintiff, and subsequent complications. e. Negligent failure to prescribe or administer Dr have administered, or prescribe Dr administer or have administered in the proper amounts, certain medications or medicines to the plaintiff. f. Negligent failure to respond to certain symptoms of the plaintiff, or negligently failed to use diligence in any responses made, in the care and treatment of the plaintiff, and any subsequent complications. 7. As a direct and proximate result of the negligence and carelessness of the defendants, their agents, servants and/or employees, as hereinabove set forth, the plaintiff, Kenneth James Tindal & Francis O. Tindal, has been caused to suffer great physical and mental anguish and continues to suffer severe and permanent injuries, including but not limited to enioyment of a previouslv relativelv healthy and eniovable life. pursuit of hqppiness in employment opportunities. relations with his kin (fami)v members- youn~er brothers and sisters) and Francis O. Tindal has lost a brother a best friend a confidant ~d mentor and has required subsequent medical care. Kenneth James Tindal & Francis O. Tindal, has suffered great physical and mental anguish and continues to suffer the same. Kenneth James Tindal & Francis O. Tindaj, has been, and will be in the future caused to expend great sums of money for medical, hospital and psychological care and treatment. WHEREFORE, the plaintiff, Kenneth James Tindal and Francis O. Tindal demands judgement against the defendants, jointly and/or severally, together with interest and costs. COUNT II 1. The plaintiff, Francis 0. Tindal. for Kenneth James Tindal, resides at 320 Conrow St. apt. # 117. City of, Burlimrton, State of New Jersey, and is the brother of the plaintiff, 2. The plaintiff realleges, repeats and reavers the allegations of paragraphs one through , Francis O. Tindal, Pro Se 320 Conrow Strcct # 117 Burlington, N.J. 08016 Tclcphonc: [609] 386-8010 Pro Se Plaintiff: Francis O. Tindal FRANCIS O. TINDAL, PRO SE, & KENNETH JAMES TINDAL, PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 98 CIVIL 3422 JONATHAN P. WHITNEY, M.D., AND HOLY SPIRIT HOSPITAL, DEFENDANTS. JUR Y TRIAL DEMANDED PRELIMINARY OBJECTIONS OF PRO SE PLAINTIFF, FRANCIS O. TINDAL, TO DEFENDANTS HOLY SPIRIT HOSPITAL'S PRELTMlNARY OBJECTTONS The Plaintiff, by and through his Pro Se counsel, Francis O. Tindal, hereby files the preliminary objections to Defend,mts' preliminary objections to Plaintiffs' Complaint and avers the following reasons thereto: 1. Admitted. 2. Admitted, an action has been commenced. However, Plaintiff does not have sufficient information with which to further respond at this time, and plaintiff reserves the right to amend this answer upon further investigation and discovery. 3. Admitted. 4. Admitted. 5. Plaintiff does not have sufficient information with which to respond to this statement at this time. However, plaintiff reserves the right to amend this answer upon 2 further Invesligntion and discovery, 6, Plaintiff does not have surficient informntion with which to respond to this statement at this time. However, plaintiff reserves the right to :lmend this :mswer upon further investigation nnd discovery. 7, Francis O. Tindal, is infact, the plaintiff in this action. However, plaintiff reserves the right to amend this answer upon further investigntion and discovery. 8, Plaintiff does not have sufficient information with which to respond to this statement at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 9. Francis O. Tindal, is infact, the plaintiff in this action. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 10. Plaintiff does not have sufficient information with which to respond to this statement at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. II. Plaintiff does not have sufficient information with which to respond to this statement at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 12. Plaintiff does not have sufficient information with which to respond to this statement at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 13. Francis O. Tindal, plaintiff, does not have sufficient information with which to respond to this statement at this time. However, plaintiff reserves the right to amend this 3 answer upon further investigation and discovery. 14. Plaintiff docs not have sufficient information with which to respond to this statement at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. IS. Defendants' attorney's arc making assumptions and interpretations for Plaintiff. However, plaintiff reserves the right to amend this statement upon further investigation and discovery, 1. Plaintiff indeed has capacity to sue and legal sufficiency, as he is a citizen of age and has incurred a loss. ANDERSON PENNSYLVANIA CIVIL PRACTICE, vol. 7, S 2201. No.(2) Authors Comment states: "The plaintifrs right to bring the action. The mcre recital that the plaintiff is the personal representative of the decedent or the recital that six months have elapsed since the death of the decedent and no action has been brought by him and that the plaintiff is entitled to recover damages in the action for wrongful death is a sufficient averment of the plaintiffs right to bring the action. However, plaintiff reserves the right to amend this statement upon further investigation and discovery. Francis O. Tindal, plaintiff, did have an (.. agreement to enter into an action with Kenneth Tindal's wife, Jacquelyn 1. (Artley) Tindal, the executor on record to Kenneth Tindal's estate, for a remedy or relief. And, since Kenneth J. Tindal has no children ofreeord, and his estranged wife, Jacquelyn 1. Tindal, is not going to sue, then who will, if not the Plaintiff, Francis O. Tindal? However, plaintiff resel'ves the right to amend this answer upon further investigation and discovery. Plaintiff seeks to recover damages under a claim for Medical Malpractice, but not limited to such. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 4 Wcst's Pcnnsylvania Digcst 2d Vol. 47 Parliamentary Law - Perpetuitics 1998 Cumulativc Annual Pockct Part, Parties 1. Plaintiffs, (A) PERSONS WHO MAYOR MUST SUE, KEY # 3. Naturc and cxtcnt of interest. Pa.l989. Interest in outcomc of litigation is "dircct" for purpose of standing, if mailer complained of causcd harm to partics's intcrest. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 16, Samc as above. Plaintiff is not the "spousc, child, or parent of the deceased," and although, Francis O. Tindal, did have an agreement to cnter into an action with Kenneth Tindal's wife, Jacquelyn 1. (Art Icy) Tindal, the executor of rccord to Kenneth Tindal's estate, for a rcmedy or relicI'. And, sincc Kcnneth J. Tindal has no childrcn or rccord, and his cstranged wire, Jacquelyn 1. Tindal, is not going to sue, then who will, if not thc Plaintiff, Francis O. Tindal? However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 17. As indicated above. However, plaintiff reserves the right to amend this statement upon further investigation and discovery. 18. Blacks Law Pocket Dictionary, Gamer & West. 1996. St. Paul. "Consortium" ean be simply an agreement to consolidate, and is not restricted to spouses. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 19 As above. 20. Blacks Law Pocket Dictionary, Gamer & West. 1996. St. Paul. Consortium can be simply an agreement to consolidate, and is not restricted to spouses. 5 However, plaintiff reserves the right to amend this :mswer upon further investigation and discovery. 21. Blacks Law Pocket Dictionary, Garner & West, 1996. St. Paul. ConsortiulIl can bc simply an agrecment to consolidatc, and is not restricted to spouscs. However, plaintiff reserves the right to amend this :mswcr upon further investigation and discovery. 22. Plaintiff, oftcn, rcgularly, and on numerous occasions visited his brothcr (Kcn) during his lengthy hospitalization, and was witness to abuses and ncgligcnce that were suffercd by his brother, Kenneth James Tindal, while he (Ken) was a paticnt of Dr. Jonathan P. Whitncy, at Holy Spirit Hospital, Camp Hill, PA" lip to, until and after his cxpiration, Alllhe whilc in close contact With Ken's wifc Jacquelyn, who gavc in-depth reports to Francis, via phonc calls to him, or his friend Lois, at here Lois's) home in Burlington, NJ., and at times when hc (Francis) was unavailable to receivc calls, messages werc left by Jacquelyn, as to his brother Kcn's, health condition, medications, theories, test results, scheduled testings, as well as Jac's opinion on these, and other issues. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 23. Acknowledged. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 24. Acknowledged. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. :!5. Acknowledged. However, plaintiff reserves the right to amend this answer 6 upon further investigation and discovery. 26, No unswer requircd, However, plainlirf reserves the right to lImend this answer upon further investiglltion and discovery. 27. As ubove. However, plaintiff reserves the right to amend this answer upon further investigation and discovery, 28, Answering Plaintiff objects to this objection on the ground that it requires a physician'S conclusion antllor expert opinion. Without waiving the aforesaid objection, Plaintiff reserves the right to amend this lmswel' upon further investigation and discover. 29. Answering Plaintiff objects to this objection on the ground that it requires a physician's conclusion and/or expcrt opinion. Wilhont waiving the aforesllid objection, Plainlirf reserves the right to amcnd this lll1SWer upon further investigation and discover. 30. No unswer is required. 31. No unswer is required. 32. No unswer is required. 33. No answer is required. 34. Answering Plaintiff objects to this objection on the ground that it requires a physician's conclusion antllor expert opinion. Without waiving the aforesaid objection, Plaintiff reserves the right to amend this answer upon further investigation and discover. 35. Medical Malpractice. Jonathun P. Whitney, Holy Spirit Hospital,The Eight Floor leu Employees and Nurses in charge antllor their supervisors, but not limited to these particulars. Inadequate, excessive & improper medications und excessive health care and procedures, and unsanitary conditions which led to serious hospital born infections to decedent, 7 limiting any possibilities of recovery, This response is not intended to limit the scope of the claims for malpractice. Answering Plaintiff objccl~ to this objection on the ground that it requires a physician's conclusion anti/or expcrt opinion. Without waiving the aforesaid objection, Plaintiff does not have sufficient information with which to answer this question at this time. Plaintiff reserves the right to amcnd this answer upon further investigation and discover. 35, Plaintiff was not aware at the time of the occasion of the incidence that a wrong was being committed and hence was unable to tnke names. A matter of records will reveal those individuals responsible and their supervisors. In addition, plaintiff has made efforts to acquire some information by phonc, and in person. Those efforts wcrc thwarted. Answering Plaintiff objects to this objection on the ground that it rcquires a physician's conclusion and/or expert opinion. Without waiving the aforesaid objection, Plaintiff does not have sufficient information with which to answer this question at this time, However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 36. Jonathan P. Whitney, Holy Spirit Hospital, The Eight Floor ICD Employees and Nurses in charge and/or their supervisors, but not limited to these particulars. Inadequate, excessive & improper medications and excessive health care and procedures, and unsanitary conditions which led to serious hospital born infections to decedent, limiting any possibilities of recovery. This response is not intended to limit the scope of the claims for malpractice. Answering Plaintiff objects to this objection on the ground that it requires a physician's conclusion anti/or expert opinion, Without waiving the aforesaid objection, Plaintiff does not have sufficient information with which to answer this question at this time. However, 8 plaintiff reserves the right to amend this answer upon further investigation and discovery. 37. No answer required, 38. No answer required. 39, Answering Plaintiff objects to this objection on the ground that it requires a physician's conclusion and/or expert opinion. Without waiving the aforesaid objection, Plaintiff does not have sufficient information with which to answer this question at this time, However, plaintiff reserves the right to amend this answer upon further investigation and discovery. . 40, No answer required. 41. No answer required 42. No answer required 43. Answering Plaintiff objects to this objection on the ground that it requires a physician's conclusion and/or expert opinion. Without waiving the aforesaid objection, Plaintiff does not have sufficient information with which to answer this question at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 44. Plaintiff, often, regularly, and on numerous occasions visited his brother (Ken) during his lengthy hospitalization, and was witness to abuses and negligence that were suffered by his brother, Kenneth James Tindal, while he (Ken) was a patient of Dr. Jonathan P. Whitney, at Holy Spirit Hospital, Camp Hill, P A., up to, until and after his expiration. All the while in close contact With Ken's wife Jacquelyn, who gave in-depth reports to Francis, via phone calls to him, or his friend Lois, at here Lois's) home in Burlington, NJ., and at times when he (Francis) 9 0 \0 0 ~:~ en -r! ~-.. po ...\ .'':';C." c: .~~~ r1"t , , ~, z ~, 1 I :'j? (J!,. (.'1 ,-, :..,t.) r..\....l ;.7: ;f::~B . . ~ ' ":0 " '--, ~? ('~,)rn j~; S~~ ..-, en ". -j '.0 -', OJ '< unawarc of thc names of others, as he had no prio, reason to belicve that a act of ncgligenec was going to occur. However, plaintiff reserves the right to amend this answer upon further " investigation and discovery, , , 3. Defendants' attorney's arc making assumptions and intcrpretations for Plaintiff. I. Plaintiff indeed has capacity to sue and legal sufficiency, as he is a citizen of age and has incurred a loss. ANDERSON PENNSYLV ANTA CIVIL PRACTICE, vol. 7, * 2201. No.(2) Authors Comment states: "The plaintiffs right to bring the action. The mere recital that the plaintiff is the personal representative of the decedent or the recital that six months have elapsed since the death of the decedent and no action has been brought by him and that the plaintiff is entitled to recover damages in the action for wrongful death is a sufficient averment of the plaintiff s right to bring the action. However, plaintiff reserves the right to amend this statement upon further investigation and discovery. "4." (# omitted by Defendant). 5. Acknowledged. 6. Acknowledged, Kenneth Tindal, was in fact "deceased" at the time of filing the Complaint. 7. Clearly, Kenneth Tindal "deceased" could not have filed an action, and in fact, Francis O. Tindal, did file the action, and with his brother (Kenneth) as a spirit in his mind. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 8. As above in # 7. 9. Admitted. Kenneth Tindal and Francis Tindal were brothers to one-another. 3 , ' 10, Admitted, Medical care ctc. 11. ~ Although Plaintiff is not thc administer of Kcnneth Tindal's cstatc, but, Francis O. " f Tindal, did havc an aglCemcnt to cntcr into an action with Kcnneth Tindal's wife, Jacquelyn J. r, ! (Artlcy) Tindal, the cxccutor of rccord to Kcnneth Tindal's estatc, for a rcmcdy or relicf, Admittcd Plaintiff did not spccifically filcd said Complaint as the Dcfcndant Attorney's havc indicated, ie.," Pcnnsylvania Survival Statutc, 42 Pa, C.S.A. * 8320." But, sincc Kenncth J. Tindal has no childrcn of rccord, and his estranged wifc, Jacquclyn I. Tindal, is not going to sue, then who will, if not the Plaintiff, Francis O. Tindal? However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 12. Similarly, although Plaintiff is not the "spouse, child, or parent of the deceased," and although, Francis O. Tindal, did have an agreernentto enter into an action with Kenneth Tindal's wife, Jacquelyn I. (Artley) Tindal, the executor on record to Kenneth Tindal's estate, for a remedy or relief. Defendant Attorney's indicated, ie., "Wrongful Death Statute, 42 Pa, C.S,A. * 8301." And, since Kenneth J. Tindal has no children of record, and his estranged wife, Jacquelyn I. Tindal, is'~ot going to sue, then who will, if not the Plaintiff, Frari~is O. Tindal? 13. Plaintiff seeks to recover damages under a claim for Medical Malpractice, but not iirnited to such. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. West's Pennsylvania Digest 2d Vol. 47 Parliamentary Law - Perpctuities 1998 Cumulative Annual Pocket Part, Parties 1. Plaintiffs, (A) PERSONS WHO MA Y OR MUST SUE, KEY # 3. Nature and extent of interest. Pa.1989. Interest in outcome of litigation is "direct" for purpose of standing, if matter 4 21. No answer required. 22, Medical Malpractice. Inadequate, excessive & improper medications and excessive health care and procedures, and unsanitary conditions which led to serious hospital born infections to decedent, limiting any possibilities of recovery. This response is not intended to limit the scope of the claims for malpractice. Plaintiff does not have sufficient information with which to answer this question at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 23. Plaintiff does not have sufficient information with which to answer this question at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 24. No answer required. 25. No answer required. 26. Plaintiff does not have sufficient information with which to answer this question at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 27. No answer required. 28. The Eight Floor ICU Employees and Nurses in charge and/or their supervisors, but not limited to these particulars. Plaintiff does not have sufficient information with which to completely answer this question at this time. However, plaintiff reserves the right to amend this answer upon further investigation and discovery, 29. No answer required. 30. Plaintiff was not aware at the time of the occasion of the incidence that a wrong 6 CRRTIFICATE 011 SERVICE I hcreby ccrtify that I scrvcd a copy of the forgiong documcnt upon the pcrson(s) and in " \',1 thc manncr indicated bclow, which servicc satisfies thc rcquircmcnts of thc Pcnnsylvania RuBes ii j' of Civil Procedure, by dcpositing a copy of same in the U.S. mail, First-Class postage prepaid, as follows: Lauralee B. Baker-Star, Esquire Reynolds & Havas 101 Pine Street P.O. Box 932 Harrisburg, PA 17108-09332 Kathleen Doyle Yaninek, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, P A 17119-0950 Pro Se, for Plaintiff 4~NM~tA-W Francis 0, Tindal DATED: 07/24/98 () ,f) 0 C a:> 'n < '== ---I "Ofe .'1- .,., rrl '. .-- , i~l P ~~ , ('., ITl r, () , e, , -or' .':. l~) s: ; ", " :'.:1'" 0 ) "" -:; : .' ~ : c:.s ,-.. . .' ITl .- \....., :.~ ';.~-~ ~, r_, '.) _l-~ ::< <:;:) "<. Francis O. Tindal, Pro Se 320 Conrow Strect # 117 Burlington, N.J. 08016 Tclephonc: [609]386-8010 ,\ , Pro Se Plaintiff: Francis O. Tindal FRANCIS O. TINDAL, PRO SE, & KENNETH JAMES TINDAL, PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 98 CIVIL 3422 JONATHAN P. WHITNEY, M.D., AND HOLY SPIRIT HOSPITAL, DEFENDANTS. JURY TRIAL DEMANDED PLAINTIFF FRANCIS O. TINDAL'S, PRELIMINARY OBJECTIONS TO DEFENDANTS PRELIMINARY OBJECTIONS TO PLAINTIFFS PRELIMINARY OBJECTIONS TO DEFENDANTS HOLY SPIRIT HOSPITAL'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT The Plaintiff, by and through his Pro Se counsel, Francis o. Tindal, hereby files the Preliminary Objections to Defendant Holy Spirit Hospital's Preliminary Objections to Plaintiffs Preliminary Objections to Defendants Preliminary Objections to Plaintiffs' Complaint and avers as follows: 1. Admitted. As to Exhibit "A." 2. Admitted, an action has been commenced. The (Pro Se) Plaintiffs' indication of the name of the decedent, so as not to confuse, i.e., RE: Kenneth James Tindal. However, Plaintiff does not have sufficient information with which to further respond at this time, and plaintiff reserves the right to amend this answer upon further investigation and discovery. 2 3. Admittcd, 4. Admittcd, 5, Admitted. 6, Plaintiff, Francis 0, Tindal, rcquest.~ lellve of the Honoruble Court of ClIrlisle County, to Amend Complllint in lIccordllnce with, Rule 1033. Amendment A party, either by filed consent of the adverse pllrty or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may liver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform to the evidence offered or admitted. Plaintiff reserves the right to amend this answer upon further investigation and discovery. 7. No response is necessary However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 8. Agreed. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 9. Francis O. Tindal, is in fact, the plaintiff in this action. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 10. Admitted, a broad scope encompassed by "Rule 1028." However, plaintiff reserves the right to amend this answer upon further investigation and discovery. II. An Amended Complaint can correct insufficient or non-conforming issues. 3 .~. However, plllintiff reserves the right to amend this answer upon further investigation and discovery, 12. Plaintiff was merely responding to Defendant Preliminary Objections and has not ruised any issues in violation of Pa. R.C,P. No. 1028. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 13. Plaintiff, Francis O. Tindal, requests leave of the Honorable Court of Carlisle County, to Amend Complaint in accordance with, Rule 1033. Amendment A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform to the evidence offered or admitted. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 14. Admitted. Amend Complaint However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 15. Admitted. However, plaintiff reserves the right to amend this statement upon further investigation and discovery. 16. Same as above. However, plaintiff reserves the right to amend this answer 4 ..<"......... .u.........~~ ..) upon further investigation lInd discovery. 17, The grounds referenced by defendant by the so-called Preliminllry Objections of Defendllnt Holy Spirit Hospital to Preliminary Objections of Plaintiff, Frllncis O. Tindal, to Defendants Holy Spirit Hospital's Preliminary Objections, are in lay- terms. However, plaintiff reserves the right to amend this stlltement upon further investigation and discovery. 18. No response. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 19 No response required. 20, No response. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 21. Agreed. However, plaintiff reserves the right to amend this answer upon further investigation lInd discovery. 22. Agreed. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 23. Acknowledged. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 24. Acknowledged. However, plaintiff reserves the right to amend this answer npon further investigation and discovery. 25. Acknowledged. However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 5 26, No answer required, However, plaintiff reserves the right to amend this answer upon further investigation and discovery. 27, As above. However, plaintiff reserves the right to amend this answer upon further investigation lmd discovery. 28. Answering Plaintiff object.~ to this objection on the ground that it an exceptional situation. Without waiving the aforesaid objection, Plaintiff reserves the right to amend this answer upon further investigation and discover. 29. Answering Plaintiff objects to this objection on the ground that remedy to Defendants objections is amendment to Plaintiffs' Complaint. Without waiving the aforesaid objection, plaintiff, Francis O. Tindal, requests leave of the Honorable Court of Carlisle County, to allow an Amended Complaint in accordance with, Rule 1033. Amendment A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new calise of action or defense. An amendment may be made to conform to the evidence offered or admitted. However, plaintiff reserves the right to amend this answer upon further investigation and discovery, WHEREFORE, Plaintiff, Francis O. Tindal, requcsts that this Honorable Court entcr an 6 l~i fi , . , , f; Order that the Preliminary Objection of the Defcndant be dismissed. Respectfully submittcd, Datcd: 7/31/98 ~[}-::::t~d X Francis O. Tindal, Pro Se Plaintiff / " 9/f/9J cc: Kathlccn Doylc Yaninck. Esquirc Lauralee B. Baker, Esquire - Craig A. Stone CERTIFICA TE OF SERVICE I hereby certify that I servcd a copy of the forgoing documcnt upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the U.S. mail, First-Class postage prepaid, as follows: Lauralee B. Baker-Star, Esquire Reynolds & Havas 10 I Pine Street P.O. Box 932 Harrisburg, PA 17108-09332 Kathleen Doyle Yaninek, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Pro Se, for Plaintiff ~~~ (J.4 ~L.fl Francis O. Tindal DATED: 08/30/98 7 , . . . Francis O. Tindal, I'm Se 320 Conrow Street 11117 Burlington, N.J, 08016 Tclcphonc: [6091386-8010 Pro Se Plaintiff: Francis O. Tindal FRANCIS O. TINDAL, PRO SE, & KENNETH JAMES TINDAL, PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 98 CIVIL 3422 JONATHAN P. WHITNEY, M.D., AND HOLY SPIRIT HOSrrrAL, DEFENDANTS. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Attorneys for Dcfcndant Holy Spirit Hospital Mette, Evans & Woodsidc 340 I North Front Strect P.O. Box 5950 Harrisburg, PA 17110-0950 You are hereby notified to tilc a writtcn rcsponse to the enclosed Preliminary Objections of Plaintiff, Francis O. Tindal, to Preliminary Objections of Defendant to Preliminary Objections of Plaintiff to Defcndants Holy Spirit Hospital's Preliminary Objections to Plaintiffs Complaint within twenty (20) days from service hereof or a judgemcnt may be entered against you. Pro Se, for Plaintiff ~ O-,,1~Lr Francis O. Tindal DATED: 08/30/98 8 LAURALEE B. BAKER, ESQUIRE Pa, Supreme Court 1.0. No. 58874 REYNOLDS & HAVAS A Professional Corporation 101 Pine Street Post Office Box 932 Harrisburg, Pennsylvania 17109-0932 Telephone: Fax: E-Mail: [717J 236-3200 [717J 236-6863 reyhav@epix.net Attorney for Defendant: JONATHAN P. WHITNEY, M.D. FRANCIS O. TINDAL, PRO SE, AND KENNETH JAMES TINDAL, PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 98 CIVIL 3422 JONATHAN P. WHITNEY, M.D., AND HOLY SPIRIT HOSPITAL, DEFENDANTS. JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, JONATHAN P. WHITNEY, M.D., in the above-captioned matter. REYNOLDS & HAVAS A Professional Corporation ~ q ,qqB --r bL- Date: ) LEE B. BAKER ney for Defendant, JONATHAN P. WHITNEY, M.D. PRAECIPE H)({ I.ISTlNG CASE FOR A1{GlIMENT (Must he Iypelll illenllnd snhnulled in dnpliellle) TO TilE PROTIIONOTAIl\' OF CUMIIEIlLANU COUNTY: PlclISC list the \VIIIHlIlIlal":r lill' Ihe 111..'.\1 ArglUlIL'1I1 COllr!. -------------------------------.-.---------------------------------------------------------------------------------- CAPTION OF CASE (entire Cllpliolllllllst be SIIIIL'd ill ,'ull) Francis O. Tindal, Pro Se and Kenneth James Tindal, vs, (Plllilllill) Jonathan P. Whitney, M.D. and Holy Spirit Hospital, (Ddondanl) No. Cil'iJ 98-3422 19_ L Stlllc mailer 10 be argued (i.e., pllIlIlIil1's mOlion/'lI'nc\\' Irilll, delondanl's demurrer 10 complainl, elc.): Defendant Holy Spirit Hospital's Preliminary Objections 2. IdcnlilY CllllllSd who will nrgllc l:i1SC: (II) /'lI' Plaintill' Pro Se Address: 320 Conrow Street, Apt. 11117 Burlington, NJ 08016 (b) for De/ondllnl: Holy Spirit Hospital Jonathan P. Whitney, MD Address:Craig A. Stone, Esq. Lauralee Baker-Starr, Esq. Kathleen D. Yaninek, Esq. Reynolds & Havas Mette, Evans & Woodside PO Box 932 PO Box 5950, Hbg., PA 17110 Harrisburg, PA 17108-0932 3. I willnoli(y 1111 pllrlies in \\'riling \\'ilhinl\\'o dll)'s Ihllllhis ellse hilS heenlislcd lor IIrgunwnl. 4. Argumenl Coun Dille: August 12, 1998 Dalcd: 07117/98 150246_1 Ilospilll/ I ' I I I ' .. ., ~-.:. Francis 0, Tindal 320 Conrow Street III 17 Burlington N.J, 08016 (609) 396-8010 August 31,1998 Curt Long, Prothonotary ..........- Cumberland County Court of Common Pleas Cumberland County Courthouse I Courthouse Square Carlisle, PA. 17013 Re: Tindal vs. Whitney, et a!. Docket No. 98 Civil 3422 R&H File No. 4074-1 Dear Mr. Long: Enclosed herewithin for filing in the above-captioned matter the original of my request for extension of time to allow for Plaintiffs Answers to Interrogatories propounded by the Attorney's for Defendant, Jonathan P. Whitney, M.D., duly endorsed with a Form of Agreement to Extend Time according to RULE 248., and/or Notice to Plead. In accordance with the Certificate of Service attached to this Praecipe, a copy of same is being served on the Attorney's for Defendant (s). Very truly yours, ~ ~ --~~ () - -:::;;~/- Francis O. Tindal, Pro Se cc: Lauralee B. Baker Craig A. Stone Kathleen Doyle Yaninek ,,' Francis 0, Tindal, Pro Se 320 Conrow Street #117 Burlington, NJ, 08016 Telephone: [609] 386-8010 Pro Se Plainti ff: FRANCIS O. TINDAL, PRO SE, & KENNETH JAMES TINDAL, PLAINTIFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. DOCKET NO. 98 CIVIL 3422 JONATHAN P. WHITNEY, M.D., AND HOLY SPIRIT HOSPITAL, DEFENDANTS. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Lauralee B. Baker-Star, Esquire Reynolds & Havas 10 I Pine Street P.O. Box 932 Harrisburg, PA 17108-09332 You are hereby notified to file a written response to the enclosed request for an extension to answer Defendant(s), Jonathan P. Whitney, and their Attorney's Interrogatories to Plaintiff, Francis O. Tindal, or Plead thereto. Pro Se, for Plaintiff ~-Z "/VoA"~ () . ~v~'dJ Francis O. Tindal DATED: G8Bf)/98 '7/3 4 FRANCIS 0, TINDAL, Pro Sc and KENNETH JAMES TINDAL, Plaintiffs IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 9S-3422 CIVIL JONATHAN P. WHITNEY, M.D. and HOLY SPIRIT HOSPITAL, Dcfendants CIVIL ACTION - LA W JURY TRIAL DEMANDED IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT. HOLY SPIRIT HOSPITAL BEFORE BA YLEY AND I.IESS. LI. OPINION AND ORDER The pro se plaintiff, Francis O. Tindal, has commenccd this action for mcdical malpractice and wrongful death on behalf of his deceased brother, Kenneth James Tindal. Francis Tindal tiled a complaint on Junc 19, 1998, listing himself and his brother, who had died on June 8, 1997, as plaintiffs. The "medical malpractice complaint" generally alleges that the defendants, Jonathan P. Whitney and Holy Spirit Hospital, were negligent in the care and treatment of Kenneth Tindal and that he,died as a result of this negligent treatment. Although the plaintiff has not pled that he is bringing this action under the Wrongful Death Act, the nature of his pleadings infer that this is the case. The plaintiff also claims damages for loss of consortium. The Wrongful Death Act (the "Act") mandates that one who brings a wrongful death action must be in a certain family relationship to the deceased or be the deceased's personal representative to have standing to sue, The applicable provisions are set forth as follows: ~ 8301. Death Action (a) General rule.--An action may be brought, under the procedures prescribed by general rules, to recover damages for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence ofanothcr ifno recovery for the same 98-3422 CIVIL listed in the Wrongful Death Act. "At common law, tlu:re cxistcd no right of action to rCl;Ovcr damagcs for the wronglill death of a relativc in this Commonwcalth; rathcr, such a right of action has been made possible by statute." Hml!;e v. Lovcland, 456 Pa.Super. 188, 191. 690 A.2d 243, 245 (1997) (citing Frazier v. Oil Chemical Co" 407 Pa. 78, 179 A.2d 202 (1962)). Thc only parties given the right to bring a wrongful death action arc "the spousc. children, or parcnts ofthe deceased for the pecuniary loss they have sustained by the denial of future contributions dccedent would have made in his or her lifetime." Frey v. Pennsylvania Electric Company, 414 Pa.Super. 535,539-40,607 A.2d 796, 798 (1992). It is well settled that the purpose ofthc Act "is 'to compensate certain enumerated relatives of the deceased for the pecuniary loss occasioned to them through deprivation of the part of the earnings of the deceased which they would have received from him had he lived.'" Berry v. Titus, 346 Pa,Super. 376, 381, 499 A.2d 661, 664 (1985) (quoting Manniny v. Capelli, 270 Pa.Super. 207, 211, 411 A.2d 252,254 (1979)). In the case sub judice, Francis Tindal has brought a wrongful death action against the defendants, alleging that the care and treatment of his deceased brother was negligent. One can only bring a wrongful death action if they are the spouse, child, or parent of the deceased and have suffered pecuniary loss as a result of negligent conduct that caused the person to die, 01' have been appointed the personal representative of the deceased to recover various expenses of administration necessitated by the person's death. Thus, Francis Tindal does not have standing to bring this action. Francis is the deceased's brother and has not been appointed his personal representati.ve. Also, Francis is not a party enumerated in the statute. The person who would have standing is Jacquelyn!. Tindal, the wife of Kenneth. ~ .) administratrix and/or personal representative of decedent, Kenneth James Tindal, and/or his estate, to the plaintiff, Francis O. Tindal. 9. Jacquelyn I. (Artley) Tindal, has waived and relinquished her right to serve as administratrix and/or personal representative of decedl~nt, Kenneth James Tindal, and/or his estate, to the plaintiff, Francis O. Tindal, by way of an agreement to allow a personal action to be brought against those responsible, (i.e., the defendants, Holy Spirit Hospital, and Jonathan P. Whitney), and relevant regarding the causes of death assigned to decedent, Kenneth James Tindal. This agreement was contracted, in person, shortly after the death of Kenneth James Tindal, in the lower level of the former home (prior to their separation) of decedent, Kenneth James Tindal, and the same being the current residence of Jacquelyn I. Tindal, and has hence been subsequently substantiated the aforementioned waiver, via telephone conversation. The initial meeting had been suggested by Jacquelyn I. Tindal, in order that a guitar owned by the decedent, Kenneth James Tindal, be passed on to the plaintiff, Francis O. Tindal; Jacquelyn 1. Tindal, stated "Ken would want you to have it." Jacquelyn 1. Tindal also passed on several photographs, which were stored in a shoe-box which she retrieved, and one photo in particular which depicted the plaintiff as a young boy, and which Jacquelyn, handing the photo to plaintiff and simultaneously making the statement, said "Ken always carried this one in his wallet." Jacquelyn 1. Tindal, also offered Francis O. Tindal, Ken's snake skin boots. Jacquelyn 1. Tindal expressed a concern over her decisions involving the decedent, Kenneth James Tindal, i.e., she had stated, subsequent to Kenneth's death, in a telephone conversation with plaintiff, "I hope that you don't find anything wrong," i.e., within the hospital records, indicating a wrong decision, which "I" (i.e.,she) had made regarding her permission for medical procedures that may have 2 . . "hurt Ken," or contributed to his death. I reassured Jacq-ie, I told her, that I loved her and that I would never do anything to hurt her. In (our) the telephone conversation between decedents former wife Jacquelyn, and pl;lintiff, Francis, which carried on for approximately 50 minutes, the discussion covered issues about the delay of mailing the previously agreed upon medical records conscnt forms, the deccdent's grave "marker", the plot, the plaintiffs visit to the Cumberland County Courthouse-and its Law library, and (plaintiffs brothers'), i.e. Ken's uncanny ability to acquire a confession from an accused defendant etc.... 9. Jacquelyn I. Tindal has/had, and did make an agreement with Francis O. Tindal, whereby she, Jacquelyn I. Tindal (former wife of the decedent, Kenneth James Tindal), approved, endorsed, and agreed to permit, Francis O. Tindal, the plaintiff, to acquire Ken's medical records and commence an action, or dispute the causes. And, hence bring about the instant action. In fact, Jacquelyn 1. Tindal, encouraged the action with a provision, that she not be informed or kept up to date with the developments and/or details until a remedy had been finalized. 10. I, Francis O. Tindal, have been acting according to the original terms set out, and agreed upon, by a personal interaction between the wife, Jacquelyn 1. Tindal, of decedent, and as his brother, Francis O. Tindal. This agreement remained intact, and has only recently been rescinded by Jacquelyn 1. Tindal, by way of a belligerent (taped) phone message to plaintiff, Francis O. Tindal, on his personal home answering machine, subsequent to the filing of this Civil Action. In fact, the plaintiff was led to believe, for a period of approximately a year, that Jacquelyn 1. Tindal, would allow, and provide a signature, and endorse the forms which plaintiff mailed (including a self addressed envelope/with postage) to her, "Oh, (the forms) there in there on the kitchen table, with the stamped and addressed envelope you sent, I don't know why I 3 . . haven't mailed it yct, Ijust haven't but I will." "I hope that when you get the records, you don't find anything saying that I made the wrong decision." In fact, the aforementioned telephone message was the only refusal to endorse this instant action that was ever inferred or relayed in any fashion, to the plaintiff, Francis O. Tindal, by Jacquelyn 1. Tindal. 11. Jacquelyn 1. Tindal, has, and did approve of the filing this action. Jacquelyn 1. Tindal, only recently, and just shortly before the plaintiff, Francis O. Tindal, received a copy of the swom affidavit dated August 6, 1998. And, only then (in the telephone message) did she, Jacquelyn 1. Tindal, claim to oppose the action. Jacquelyn 1. Tindal boasted of her ability to coerce the ICU staff nurses into increasing "bumping," Kenneth James Tindal's, pain medications (morphine drip = @ I OOmg per. hr.- duration for approx. 8 weeks), so that he would not feel any pain; as this pancreatic pain was described (by Jacquelyn) to have been the most painful type experience of any condition, and in addition, other paralyzing medications, (and ATIV AN,) were said to have been used to stop him, Kenneth James Tindal, from thrashing about and struggling with his restraints, as he might hurt himself. Jacquelyn, supported this use of morphine with a comment, saying, that "Ken had told me ,i.e. Jacquelyn, that if anything like this should ever occur (or happen) that he (Ken) wanted morphine. This medication "bump," made by Jacquelyn, was acknowledged by one particular nurse, "I wouldn't do this for anyone else, but because it's Jacq-ie ...(the request was granted, and was acknowledged to have been done so, by the nurse.)" Plaintiff does not recall said nurses name at present, however, that particular nurse did say that she was from "up Carlisle way." Moreover, there is other information about this situation which may be helpful in determining motives and/or causes of actions, is as follows: Jacquelyn also claimed that previous 4 . . <, ~" , , :"'~ , ~ 1 n , , J I .n , I () .",1 , C) " nl .. ,,~j :.._j ~<~ ~:-) :;;i I ,) -, " " """ "0 ru """ ......1] -< II """ 1-'..1] (.01 '=' , roc>> lJ1 0 """ 0- J """ :J ..1] c:J c:J ro , '=' UJ '=' c:J 1lJ.c """ rt'ru " roI'U """ ="""OH'-'"OO )>" c:J >C:I"lZOC:AI -10 -I II HAl AI ZAI'=' -I AI H 'tl r-lH-J'='C"lfTl 0 o-Z , I"l:I:O:I:HI"lAl AI "0 "- '=' .... '='1"l'='I"l-l Z r- """>- :J AI" Hr-O I"l>- ..1] r- rt' ""' 1"l0H" -<H , ,,",0-1 <: ZVI ~Z """." 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Tindal APTII3 532 Townscnd Strcet Lansing, Mkhigan Curt Long, Prosccutor Prothonotary Oflicc Cumberland County Court Housc Onc Courthousc Squarc Carlisle, P A 17013 I-Iomc Phone 517-372-5986 Novembcr I J, 2002 IN I~E: Civil COlllpl:lint Case # 98-3422 SUPPLEMENTAL STATEMENT.D.E FACTS Dear Court Administrator In order to assist the honorablc court and thc administration of justice with rationale tor allowing this mallcr to be preserved for trial by jury, I feel it necessary to givc reasoning to a more concise cognitive argument of ISSUES tor CONCERN, The unnccessary death of lilY brother is of course the matter. His life was taken illegally. I am faced with somc barricrs which need to be removed, I do not want anyone to be jailed over this, My former sister-in-law Jackie I.(Artley) Tindal, planned my brother's euthanasia, i.e" death, Even if consent was an issue it is not legal in any US state, with the possible exception of Oregon, Then the bactcria from the hospital was introduced to complctely destroy my brother's natural human defense mechanisms, Jackie I. (Artley) Tindal coerced the aid of hospital employees in executing this scheme, Dr. Jonathan P. Whitney, had knowledge of this medication overdose and endorsed it. He reviews all data and medical records on a regular basis. No one attempted to hide the fact that these approved increases were urged by Jackie, She as well asstatfnurses and the DR's had knowledge, and thus they have technically incorporated Jackie as within employee status, thereby making Dr. Whitney and Holy Spirit overseers of these wrongful acts which equate to a "Lack of Quality Care" which ultimately led to invasion of hospital born bacteria, And these acts etfectively remove Jackie as agent to represent my brother. I am qualified to assume that status, If! do not sue, then who will? And certainly there must be compensation in the interest of justice, and Public Policy concerns are a major factor that need be addressed, Ken, my brother, a retired police chief with 25 years of commendable service to the Boro of Steelton, Pa" and its residents, had a $90,000 life insurance policy in addition to an ' earned lifetime pension from the State of Pennsylvania, His wife was the sole heir to an intestate death, Ken took a scparatcd rcsidcncc and Icfl his wile of many years (10 plus), lie had suspicions ofinlidclity, and wanted a change, Ken. as many prolessionals in his field of law and ordcr, uscd alcohol to casc thc strcss induced by his dcvotion 10 the citizcns pcople and demands of his job, Hc was a strong dctcrmincd individual. His nllhcr instillcd into Kcn's pcrsonal constitution a grcat sensc ofnlith and ccrtainty of character. Kcn did not need to tell peoplc what hc did lor thcm bccause thcy kncw, It was of littlc importancc that hc rcccivc recognition other than a good fecling that hc did all he could in the namc ofjusticc and humanity, He was proud to be able to wear thc unilonn that reprcsentcd the grcatest law cnforccment systcm on this planct. Hc had a smallmattcr of gctting a couple department cmployces to conform to uniformity and exhibit thc pridc ofthc Steelton Policc Departmcnt to thc pcoplc hc carcd much for, thc citizcns of Stcclton, Two unnamed ollicer's found thcir supcrior in aunlortunatc situation, and maliciously took the cxtra eflorts to dcnune him, Bccause of the subsequcnt devclopmcnts, Kcn rcsigned from thc forcc he lovcd, Dcspitc the Boro's political otlicer's and townspcople's dcsircs to rctain Ken as thc chicI' of their police forcc. Ken could not overcome his dcspair. His wile wrotc the local newspapcr to cxpress hcr hcartfclt words to thc public, She added her signature to ensurc that she got some credit, which no doubt the pcople of Stcelton who cared for thcir police forcc and chicI' would supply hcr. Of course this made Jackic the centcr of the matter and smclling likc a rose too, Jackic was always thcrc to spcak tor Ken whcn hc remained silcnt, shc lovcd tclling Ken's war stories and the things he did for thc peoplc, Jackie liked to include herself as being the reason bchind Ken's successes, she wantcd credit for everything he did, She told her war stories too, Jackie workcd in the mcntal hospitalwcrc shc oftcn used justitied forcc to restrain persons placed in her care. Ken and Jackie, whoops; Jackic "",,,,,, would visit Ken's mothcr and father and brother's and sistcr's in NJ on numcrous occasions, Jackie always spoke for Ken and had the ccnter of attention, Ken would sip a drink and try to rclax. Jackie claimed that hcr battles at the mental hospital werc much morc violent then anything Kcn encountcred at his work, i.e" kicking down doors and dragging out dangerous bad guys and dnig uscr's etc" was minor in contrast to Jackie's heroic nursing manncrisms, Whcn Jackie became worn out Irom bragging she would tcll Kcn OK time to go, and Ken would politely take his scat in thc car and Jackie would drive them home, My fam:ly 2 trcated Jackic as ifshe was of the same blood, My f)lthcr spokc wcll of her and my mom felt conlidcm that her son was safe with Jackie, Again, I will mention that Kcn had justlcn (separated Ii'om) Jackic and movcd into a small apartmcnt ncar and under ownership of the Progrcss Fire Department and Mcmbership Club whcre he had long-timc friends, Jackic was what is commonly referrcd to as an 'enablcr', this mcans that duc to hcr extra cfforts Kcn was cnablcd to get this pcriodic relicI' ti'om thc stress of life and job prcssures using the Icgal substance alcohol. Ken was moving in a dircction apart from this substancc, This is evidenccd hy thc facts he look part in a rccovery program in ordcr to cducate and distance himsclf from alcohol as an ancsthetic, i,c" by rcplaccmcnt with other things, This in itself was a thrcat to Jackic's future, and I 'think' morc importantly to hcr pockct book, Unfortunately most individuals do not rccovcr from this casily acquircd usc of alcohol substance, and onen cany it throughout thcir lifetimc, Thcir arc scvcral stages of dcvelopmcnt which cnables an asscssmcnt of thc progrcssion and thc sidc cflects associated with long tcrm substance usc, Thcy can be fatal, but it takcs a long time of cxtremely heavy cxccssivc usc in most cases, unless the individual is completely rccklcss and oblivious to the risks involvcd, I.E, motor vchiclc accidcnts and cvenunintcnded suicidc, I submit that this was certainly not the issue nor thc circumstances with which my brothcr was engaged. He was on a path to complete recovery, How do I know? Because I became vcry close to my brother and Jackie and spent a great dcal oftimc at thcir homc with thcm and more particularly with Kcn on a rcgular basis, for a year plus, before his death, I have extensive training and cxpcricnce in alcohol related recovely. Ken and I were renewing our brotherhood bonds and had bccn sharing philosophical ideas and discussing our personal convictions, We spoke of our future aspirations, Our brother Tom Tindal, scnior to myself and junior to Ken, spent much quality time with Ken. They took trips to NY where Ken was having some tattoos removed, I would suggest that this is sclf improvcment. KCI1 even had a cosmetic nose repair for self improvement, just prior to his hospitalization. Tom called me and said that Ken was in the hospital with stomach pain, Well Ken was strong guy and hc had somc previous concerns with high blood pressure, a common thing. Most people I know have it. Ken was recently qualilied at dccp sea scuba diving, He vacationed in Florida to scuba dive, Hc lovcd lite, Hc liftcd wcights, and rodc a bicycle, He sang and played the guitar, and read music, And was a well liked man, I'm 48 years of age my blood pressure and hcart rate are perfect. But I am ve,y relaxed when I take thesc tcsts. I haven't used alcohol since 12/25/1983, and I have a healthy diet. I get little excrcise because of scrious back injuries perpctuatcd from being rcar-cnded six times by ncgligent motorists. But sometimes I am certain whcn I allow mysclfto bc 3 overcomc with rare anger or cxcitcmentmy blood pressurc soars too, Thosc machines in the supermarkct givc mc thc cvidence I nccd to makc this statcmcnt. [lel'orc anyonc could makc it to thc hospital wherc Ken was Jackic arrived on thc sccnc, She rclllsc to takc Ken to thc hospital when hc callcd hcr Ii'om his apartmcnt only a short distance from their townhouse, Kcn had to call somconc e1sc lor a ridc. Hc was concerncd bccausc of stomach pain, His friend camc, Jackic made immcdiate asscssment ofthc situation. This was hcr chancc to lix evcrything, She couldn't Ict Kcn gct away with leaving her. What ifhe remarricd. Ken was a very good looking likable man, Sandy hair without a sign of gray a 51 years old, A tj'esh nose repair; removal of all his tattoos (only a few small ones); and distancing himsclffrom alcohol and the -- infamous 'enabler', Whcn I got to hospital and saw my brother hooked up to these huge bags of drugs and hoscs in his nose and mouth, I was stunned, My brother's and sistcr's were standing around him like this was anticipated, Jackie had explained everything to them. I spoke to him out loud "hey boy get the hell out of that bed now, come on you can come back with me to NJ", he couldn't budge, I looked at Jackie, when she heard this her eyes almost bugged out of her head [oh no, that's not going to happen], its easy to see this now in retrospect. Kcn's eyes were open and as blue as always, I know now what was so strange about the look he displayed, He was being confined against his will. Drugged with morphine and ativan and god knows what else, Jackie easily explained this away. She was a nurse, She knew the doctor and "he was the best in the field", and she got the nurses to "BUMP Ken's medications because this pain he was experiencing was of the most excruciating and the worst of any type of pain anyone to experience" i,e., pancreatic attack. My whole tinnily bought this malarkey, hook line and sinker. I was there every week for the nine weeks it took to euthanasia him, I watched them bring bag after bag after bag of morphine in and hook up the pipes, Jackie insisted, to me, that "Ken had always said to me [her] that if anything ever happened to him that he wanted MORPHINE." One nurse said to me that the only reason that the bumped Ken's meds so high was that is was for Jackie, as she was standing right there taking credit for an alleged good deed. "Oh he can hear you and understand, he just can't say anything because of all the paralyzing medication, He needs it cause I wouldn't want him to hurt himself, or suffer. He was trying to pull out all the hoses so we had to restrain him and medicate him lor his own good," she said, The nurse "from up Carlisle way" left the room, Jackie said to me cute isn't she, Jackie was there every day chatting with nurses telling them tales, consoling all Ken's visitors and 4 ~_. ._--'--.__._-~-_._---_..... explaining the situation. Ncvcr a tear drop from hcr eye, Ncvcr a hint of nlith 1(1I' a chance recovery. To thc contrary she was absolutc in hcr conveying belief thai Kcn's cnd is ncar, This doctor Whitney, who only showcd up when no onc elsc was around. Iinally dccided to break thc news to the family, it's timc to rcmovc the elcdrkity and lei him die, Too blld that his body got overwhelmed with hospital bacteria just as soon a his pancreas WIIS starting to rcgcncratc itself. Hc invitcd cvcryone into a separate 100m to cxplain how alcohol takes peoples lives and how this is what obviously has occurrcd I told them go ahead in that room and listen to his spccch if Ihcy Willllcd ro I know whllt he is going to say, I remained with my brothcr. So thcy all combincd wilh Jllckic IInd Ihc most competent doctor in his field to plan the pulling out oflhe plug and shulling olrlhc machines, And they did it. No one mentioncd a pancrells transplant, Why no\" But they were all surprised to sec that Kcn was not rcady to die whcn they sin II oll'lhc machines, and apparantly if they wantcd him dcad thcn they nccd wllil a while longcr than hoped, He kept hanging on and on and on hour allcr hour. whilc bags of nllll'flhinc wcrc pored into his body, and Jackie patted his hand knowing shc had ncarly rcached hcr goal. Then this one nurse whom I still visualize with thc stupclying ugly look shc glcancd lit me just before dimming the lights and hooking uJlthe huge bag of drugs and opcning thc 110w of the tubes full tilt. She had this squarc page boy type hairdo, it was blcllched light brown. and she was a little over five feet and a few inches and sort of stubby IInd rough looking, She cocked her head to one side and augmented hcr smilc upside-down along with hcr eyebrows, and moaned right in my facc as shc Icll thc room, Finally it was near over, after ninc-weeks of my brothcr's sullCi'ing torturc, Jackie told me to wake up Ken's sleeping friend on the SOf.l, "he wouldn't,wanllo miss this," I did as I was instructed. I turned off the radio, the monitor was taking pcriodic straight lines, Jackie said, "he's tough." Then it wasn't much longer belbrc it straighllincd, I was choking as my heart was in my throat, I didn't want him to dic, This green bile began to ooze out of my brother's mouth and nose, JlIckic calmly wipcd it away for about a minute, then she got up and walked out to Ihc nursc's stlltionwhilc I watched over my brothers body and wipcd the oozc Irom his lilce tilllhc body crew camc in with the vacuum c1eancr to suck up thc grccn stull: The priest had visited earlier a couple times and said the praycrs, Jackie wsa oblivious 10 the priest, as she is atheist. I told thc priest that Ken was IIn aileI' boy IInd Ihal IlInd my family would appreciatc ifhe would do his job, I IVas ccrtain by now Ihlll God hlld come for his spirit and carried it to heavcn and Ihal hc was now with 0111' Inomllnd dlld, So I went into the hallway and obscrved Jackie IInd II what lookcd like II hllll'dozcn or so nurses celebrating this cnd, smiling and hugging ellch othl~r. They IIsked Jllekic ifshe wanted an autopsy, "No", ~ 'nO This hospital whcrc she was employcd for many years, (restraining paticnts and battling patients - morc than the 25 year vctcran policc chief did bad guys), was locatcd right next door to the hospital whcre Ken was takcn whcn hc had a common place non-life threatcning pancreatitis attack, i,e" Holy Spirit Hospital. Jackie was adiment about not allowing any police officer's at the funeral, "Ken would not want them there," she said! Numerous times she reiterated this statement. But a couple showed up anyway, Before the funeral Jackie was as calm and nice as pie, she wore a black veil like Jackie Kenncdy. Not a tear drop for the entire time, I asked her if she was medicated, she said no, "[ want to remember all of this, and don't want to miss anything." My brother Tom was giving her financial advice in the limousine on the way to the grave site. Cathy and Jan were on either side trying to console her, Jackie remained unmoved, She stayed cool calm and collective throughout the entire, nearly three month, ordeal. This wasn't enough for Jackie's satisfaction, She called me up and said that Ken would want me to have his guitar. (We would play together in his basement when I visited and stayed over night), I drove I 10 miles again to pick up the guitar and console her loss, She pulled out a shoe box tilled with photos and displayed them to me claiming how Ken never would have had the courage to pursue scuba diving if it wasn't for her.' She said how it was her bravery and encouragement that made Ken what he was. He was really not very confident without her, she claimed, over and over, The truth is that in reality Ken would have agreed to this, and even to the rest of the world he would have nonchalantly given her any and all credit. Ken was strong and quiet like my mom, but very discerning as well. Our fathcr was so proud when Ken announced he had , become a Steel ton police officer. Area police departments would call upon Ken to extract confessions from their suspects, He had an amazing ability to touch people so that wanted to talk to him voluntarily telling it all. He told me acquired this ability from our dad, He talked a serial killer offa rooftop and convinced him to confess to multiple cold calculated murders, He loved his job, When Jackie called me to Highspire to pick up the guitar, evidently she felt a need to cause me more pain, I'm still not sure why, so she attacked Ken's dignity and alleged how she had discovered a pornographic video tape in Ken's apartment, (where he lived after he left her), when she and our mother's brother from Harrisburg, i,e" uncle Jim went to empty out the contents of it, after I had declined the invitation to do the work, I had been driving back and forth for 10 or more consecutive weeks] 10 miles each way. She said I could have Ken's snake skin boots as well as the guitar. She offered me some of his clothes. I asked for one additional thing, Something from the police force to remind me of him. I have a Steelton Police jacket patch and a couple pictures, Ken's guitar had a 6 -.-.-.--.-..-..-... ^."-,~."-_.- crack all along thc cntirc body ofil when she gavc illollll' 1111'11'1' nOlicl'd illlhcn ((cn and I had played it bcfore in his bascmenl I told her of my conccrn lor thc lack of prolcssioll:i1 ellilll 10 savc nil' hrolher and oflhc excessive drugs and stall'infeetionlike baclcrin IIhkh sill' agll'I'd lIasillsl ncgligencc in caring for him. She produced SOIllC hospilal hills allll illdic;IlI'd hy di.'plllying tome Ihe paper and pointing out that thc drugs they uscd costlllllll'thanlhl'll'st ofthc chnrgcs Illr the hospitalization combined, I asked if she would Conscnt and siglllhc li>nnlill'nll'lo ohlainlhl' hospital rccords, so that [could revicw themlilr possiblc crrors Shl' assclllcd \'CJhHlly wilholl/ hcsilillioll, I went to the hospital several timcs and finally, allcr sCl'eral divcl sions. ohtaincd thc conscnt forms, She said to mc. '" hope' didn'lmakc allY decisiolls or do anYlhillg 10 hurt him," I mailed her the fonns complclely lilled out, and called hcr Shc agrecd 10 providc thc signature, I callcd again. shc said, "oh Ihcir onlhc kilchcntnhlc, Ijusl haven't signcd it yet. I will." I was bcginning to hccomc conccmed wilh nlllhc prcvious cvcnts and did some technical rescarch onlhe Intemcllo educntc myself on p:Ulcrcalic altacks, And latcr spoke to a couple mcdical school graduat cs Things were becoming more alld more c1car I lilcd a papcr 011 my own, It was dclendcd on Civil Proceedurc 12(b)6 allinnalive dclenses Clc, relercncing 10 technical grounds that circumvented me as principal agcnl on my hrother's hchalr Jackie called my brother Tom and told him to pressure me, lie did Ihis, , relilscd to relenl to this now illuminating truth, My reading of the law tells mc that in order to remove Jackie as a barrier [need to charge her with a crime. This is a problcm which Inccd 10 address, I will lilc this papcr with the Bureau of Professional Am,irs in Pennsylvania, and wilh the Ilonorable Court as wcll. '. -------------------_____w________________________.____--______w_________________________________ Please review my applicalionlo allow Illrther evidence 10 sustain the complaints, maintaining for hearing on the merits, and to refilc the case as suggest cd by the American Medical Association investigator, as a "Qualily of Care" Case, There is an addilionalwitness 10 he addcd, hcr name is Lois Jcan Cole, she resides in Burlington, NJ, Ms Colc had subscqucnt to my prcvious liIing indicaled to me that Jackie I (Artley) Tindal, made numcrous pcrsonal phone calls and conversations where Jackie I. Artley Tindal made various incriminating statcmcnts as 10 hcr guilty acts of coercion to hospital employccs alld with Dr, Whitncy -- 10 bump Kcn's medications to dangerous levels ofinto~ication and unconsciousness, and 10 permit her total control over treatments, which ultimately killed him belllre his natural term ofliJe was fulfilled, as being justified. Lois asked Jackie if she was conccmed aboul Ken hurting himself in the hospital with the drugs in him, i.e" Hilling oul of bed (Lois nursed her Ihther back from acute pancrcatitis and prognosis of cerlilin death duc to chronic alcohol abuse __ that was more than twenty years ago he tumed H I two days ago, on November the IOlh; Lois's sister 7 Shirley has bcenliving with untreatcd pancrcatic disease for ten or more years becausc of thc nuisance of treatments --she has had sevcral attacks), Jackic told Lois don't worry about him falling out of bcd, cause he ain't goin nowherc with allthc drugs thcy got in him! Jackie made other nasty commcnts about all the mcmbers of Kcn's Hunily, i,e" father and all the brothcr's and sistcr's as bcing ruined by our fathcr, allcged bccause he was a watr hero and terrific man who she claims requircd too much of each and everyone of us. There is nothing further fi'om thc truth, We all had a wonderful childhood and our parents both, mother and father denied thelllslves everything for us. My father treated Jackie like his would his own daughtcr's, Le" as one of the Tindal family, This permitted Jackie to help herself to Ken's ninety-thousand dollar life insurancc policy in addition to his Policc Rctirement benefits and pension for the remainder of her life, Further investigation is necessary to gather information from conversations between Jackie I. Artley Tindal, and the Priest who conducted the funeral services, in which, the priest made negative public comments he stated as derived (urged) from Jackie, with emphasis on lengthy "getting to know Jackie" conversations prior to the funeral, which he stated was something that has never happened before in his experience, My entire family was de tamed by the words Jackie coerced and force fed to the priest. Jackie herselfbeing admittedly an atheist without alliance to any form of higher power or allegiance to anyone or anything other than money, walked into the church with the explicit purpose to cajole the Holy Catholic priest into her way of convoluted thought. This was the most disgraceful display of religious condemnation and prejudice imaginable by someone claiming concern for her marriage partner, Why do cops marry nurses? Because they believe they would be cared for in the advent of emergency, The Honorable Chief of Police for Steelton, PA Kenneth James Tindal (a former alter boy) was described to the friends and family (a full house) Catholic Mass as a person who must have at least done some good because he was a policeman for 25 years (18 years as Chief), The Priest, via Jackie, said Ken was responsible for his own death and that basically Jackie was the victim, This episode followed a lengthy premeditated actus reus and mens rea to cause a long slow painful and distressful death. Initially I was reluctant to prosecute Ken's killer's, but now there is little doubt that justice can only be served by exposing the truth, Certainly Ken would not want Jackie to go to jail, and neither would I, But, she needs treatment tor this flaw and the errors in her character. What she has deprived other's of was of no value to her. I have a phone message tape where she is accusing me of filing charges for money as the objective or subjective intent. She said that "your brother would turn over in his grave if he knew this", I live in Michigan and have passed through Pa several times, When I visit my brother's grave site, it's one of the few without flowers, only cobwebs. Not long after Ken died I asked Jackie for directions to the site, She said, "oh I go all the time and it's a long ways from here, oh well it's not really such a long ways from here,"she said, But she couldn't give me directions, She said they made a mistake in spelling of the name on the grave marker and she has to get it changed, To my knowledge, there was no error, and have I visited several times and have photo evidence of cobwebs, and no sign of any 8 visitation othcr than mysclf. Jackie told us we could have the body berricd closer to us if we wuntcd. She said she going to bc crc<lll1ated, 11'1 suc and win I don'lwanl a dime fllr myself But I huve brothcr's and sistcr's who wcrc dupcd and defamcd, while shc extortcd money Ii'om Ken's pcnsion and lile insurancc policy, $90,000, Ken told me about the policy, Hc also said that hc was thinking about shifting half to his brothcr's and sister's, which is hcrc nor thcrc, but it docs indicatc his dcsirc to distancc himself somcwhat Irom Jackic. Kcn wus an outstanding man and shortly aftcr hc was killcd, my brothcr Tom said Kcn had applicd for a position with the statc subscqucnt to his death, a was prescnted with an opportunity in govcrtlment law cnforccmcnt employment, which would havc indeed an undoubtcdly restorcd a dignity which he felt was diminished due to an unfortunate act, which not unlike our own honorable Presidcnt Gcorge W. Bush, caused him pain and some ridicule within, Dr, Jonathan Whitney and Jackic I. Artlcy Tindal and the Holy Spirit nursing Stuff' all playcd a significant part in the untimely death of Kenneth James Tindal, because of the poor 'Quality of Care' and the obviously calculated euthanasia of my brothcr. The facts indicate that my brother's non-life-threatening condition was worsened by the substandard trcatment. They furthcr complicated his illness with bacteria after reducing his vital signs and natural rcsistance to combat any disease with excessive narcotics rendering him unconscious so that they might profit and have their way with him and the insurance carriers, these elements of Ken's death were not cXplained on the death certificate. Jackie was celebrating her pot of gold with staff nurses only minutes after Ken expired and theccrtainty of fruitful retirement money hit her pocket book. Then she proceed to torture me with her method of continued abuse and cajoling of the truth. The AMA offered to give me a complete explanation for my brothers death in trade for closure, After much time had passed, they supplied me with no report of any value, they forwarded only a form letter requesting that I dismiss the case, In sum, I need to refile for "Quality of Care" violations, adding Jackie I Artley Tindal, and Holy Spirit Hospital to Jonathan Whitney as defendants. But for their interference Ken would still be here and most likely employed at doing what he loved. There are many witnesses to depose and interrogatories to be exchanged for discovery. And perhaps the body needs to be exhumed for cause-of-death testing. At that point I will be prepared to continue with the prosecution, Thank you for allowing me to respond, Please contact me if more information is required, Sincerely, ~~~6 J~( t/11 erireJ (1//1-10<; o,{. Francis 0., Tindal cc: Prothonatary, Cumberland County Court, Carlisle, P A Pennsylvania Department of Professional Affairs - U'c"S <;"'/?1YLR.. -cl-fJ,'( ~ 1/:-0 ry~p'-V',-r- (Io)f -.... ~~.-.... ._-~ ..", .ww_________l'IO_V_1. 8 2002 r Francis O. nndal /\I'T113 532 Townsend Strcct I.ansing, rvl ichigan Curt Long. Prosecutor Prothonotary Ollicc Cumbcrland County Court I-Iousc Onc Courthousc Square Carlislc, P A 17013 Ilome Phonc 517-372-5986 Novcmber 13. 2002 IN RE: Civil COlli plaint Case # 98-3422 SUPPLEMENTAL SJ'A TEM I': lIT QE EA..CIS Dcar Court Administrator In order to assist the honorablc court and the administration ofjusticc with rationale for allowing this matter to be prescrvcd for trial by jury, I feci il necessary to give reasoning to a more concisc cognitive argumcnt of ISSUES for CONCERN, The unnecessary death of my brothcr is of coursc the mattcr. His lifc was takcn illegally, I am faced with some barriers which need to be removed, I do not want anyone to be jailed ovcr this. My former sister-in-law Jackie I.(Artley) Tindal, planned my brother's euthanasia, i,e., death, Even if consent was an issue it is not legal in any US state, with the possible exception of Oregon, Then the bacteria from thc hospital was introduced to completely destroy my brother's natural human defense mechanisms. Jackie I. (Artley) Tindal coerced the aid of hospital employees in executing this scheme, Dr. Jonathan p, Whitney, had knowledge of this medication overdose and endorsed it. He reviews all data and medical records on a regular basis, No one attempted to hide the fact that these approved increases were urged by Jackie, She as well as staff nurses and the DR's had knowledge, and thus they have technically incorporated Jackie as within employee status, thereby making Dr. Whitney and Holy Spirit overseers of these wrongful acts which equate to a "Lack of Quality Care" which ultimately led to invasion of hospital born bacteria. And these acts effectively remove Jackie as agent to represent my brother, I am qualified to assume that status, If! do not sue, then who will? And certainly there must be compensation in the interest of justice, and Public Policy concerns are a major factor that need be addressed. Ken, my brother, a retired police chief with 25 years of commendable service to the Boro of SteeIton, Pa., and its residents, had a $90,000 life insurance policy in addition to an earned lifetime pension from the Stale of Pennsylvania, His wife was the sole heir to an intestate death, ,,;...:.:.::.'~',~;;:.;.;:;;.o;~' Kcn took a scparated rcsidcncc and Icll his wile of many ycars (10 plus), Hc had suspicions ofinfidclily, and wanted a changc, Kcn, as many professionals in his field of law and ordcr, used alcohol 10 case thc strcss induccd by his dcvotion to the citizcns pcoplc and dcmands of his job, I/c was a strong determincd individual. Ilis lilthcr instilled into Kcn's personal constitution a grcat sensc ofr.1ith and certainty of character, Kcn did not need to tcll pcoplc what he did for thcm becausc they kncw. I t was of littlc importance that hc rcccivc rccognition other than a good fecling that he did all hc could in the name ofjusticc and humanity, Hc was proud to bc ablc to wcar thc uniform that rcprcscntcd tllc grcatcst law enforccmcnt systcm on this planct. He had a smallmattcr of gctting a couple dcpartmcnt cmployces to conform to uniformity and cxhibit thc pride of tile Steelton Police Dcpartment to the peoplc he carcd much lor, thc citizens ofStcelton, Two unnamed otliccr's tound tlleir supcrior in a unfortunate situation, and maliciously took the extra etTorts to defame him. Because of the subsequent developments, Ken resigned from the torcc he loved, Despite the Boro's political of1lcer's and townspcople's desires to retain Ken as the chicI' of their police force, Ken could not overcomc his despair. His wife wrote the local newspaper to express her heartfelt words to the public, She added her signature to ensure that she got some credit, which no doubt the people of Steel ton who cared for their police force and chief would supply her, Of course this made Jackie the center of the matter and smelling like a rose too, Jackie was always there to speak for Ken when he remained silent, she loved telling Ken's war stories and the things hc did for the people, Jackie liked to include herself as being the reason behind Ken's successes, she wanted credit tor everything he did, She told her war stories too, Jackie worked in the mental hospital were she otten used justified force to restrain persons placed in her care, Ken and Jackie, whoops; Jackie """"'"' would visit Ken's mother and father and brother's and sister's in NJ on numerous occasions, Jackie always spoke for Ken and had the center of attention, Ken would sip a drink and try to relax. Jackie claimed that her battles at the mental hospital were much more violent then anything Ken encountered at his work, i,e" kicking down doors and dragging out dangerous bad guys and drug user's etc., was minor in contrast to Jackie's heroic nursing mannerisms. When Jackie became worn out from bragging she would tell Ken OK time to go, and Ken would politely take his seat in the car and Jackie would drive them home, My family i I ; , I I I 2 trcated Jackic as ifshe was of the same blood, My Hllher spokc well of her and my mom felt confidcnt that her son was safe wilh Jackic. Again, Iwillmcntion that Kcn had justlcll (scparated Ihllll) Jackie and moved into a small apartmcnt ncar and undcr owncrship of thc Progrcss Fire Departmcnt and Mcmbcrship Club whcrc he had long-time fricnds, Juckie was what is commonly refcrrcd to as an 'enabler'. this means that due to hcr extra cllorts Kcn was cnabled to get this periodic rclicflrom thc stress oflifc and job prcssures using the legal substance alcohol. Kcn was moving in a dircction apart Irom this substance, This is evidcnccd by thc facts hc took part in a rccovcry program in ordcr to cducatc and distance himself from alcohol as an anesthctic, i,e" by rcplacement with other things, This in itsclfwas a threat to Jackic's future, and I 'think' morc importantly to hcr pocket book, Unlortunately most individuals do not recovcr from this easily acquircd use of alcohol substance, and ollen carry il throughout thcir lifetimc, Thcir arc several stages of developmcnt which enables an assessment of the progrcssion and the side cffccts associated with long term substance use, They can be fatal, but it lakcs a long time of cxtremely heavy excessivc usc in most cascs, unless thc individual is complctely reckless and oblivious to the risks involved, I. E, motor vehicle accidents and even unintcnded suicide, I submit that this was certainly not the issue nor the circumstances with which my brothcr was engaged, He was on a path 10 complete recovery, How do I know0 Because I became very close to my brother and Jackie and spent a great dcal oftimc at their home with them and more particularly with Ken on a regular basis, for a ycar plus, before his dcath, I have extensive training and experiencc in alcohol rclatcd rccovcry, Ken and I were renewing our brotherhood bonds and had been sharing philosophical ideas and discussing our personal convictions, We spoke of our Ihture aspirations, Our brother Tom Tindal, senior to myself and junior to Ken, spent much quality time with Ken. They took trips to NY where Ken was having some tattoos removed, I would suggest that this is selfirnprovement. Ken even had a cosmetic nose repair for sclfimprovement, just prior to his hospitalization, Tom called me and said that Ken was in the hospital with stomach pain, Well Ken was strong guy and he had some previous concerns with high blood pressure, a common thing, Most people [ know have it. Ken was recently qualified at deep sea scuba diving. He vacationed in Florida to scuba dive, He lovcd life, He lifted weights, and rode a bicycle, He sang and played the guitar, and read music, And was a well liked man, I'm 48 years of age my blood pressure and heart rate are perfect. But I am very relaxcd when I take these tcsts, I haven't used alcohol since 12/25/1983, and I have a healthy diet. I get little exercise because of serious back injuries perpetuated from being rear-ended six times by negligcnt motorists, But sometimes I am certain when I allow myself to be , J --....~.-". -," ;,_w ~ --.-....--.--.-".--..-....., ...--...--"...-.------ overcome with rare anger or excitcmcnt my blood prcssure soars too, Thosc machines in thc supcrmarkct give mc thc cvidcncc I need to makc this statcmcnt. Before anyonc could make it to Ihe hospital wherc Kcn was Jackic arrivcd on the scene, Shc rcfuse to lakc Kcn to thc hospital whcn hc callcd her from his apartmcnt only a short distancc fromthcir townhousc, Kca had to call someonc else lor a ridc, Hc was concerncd bccausc of stomach pain, His friend came, Jackie made immcdiate asscssmcnt of the situation. This was hcr chancc to fix cvcrything, She couldn'llcl Kcn gct away with Icaving hcr. What if he remarricd, Ken was a very good looking likable man. Sandy hair without a sign of gray a 51 ycars old. A fresh nosc repair; removal of all his tattoos (only a fcw small oncs); and distancing himselffrom alcohol and the -- infamous 'enabler', Whcn I got to hospital and saw my brothcr hooked up to these hugc bags of drugs and hoses in his nosc and mouth, I was stunncd, My brother's and sister's were standing around him like this was anticipated, Jackie had explaincd evcrything to them, I spoke to him out loud "hcy boy get the hell out of that bed now, come on you can come back with me to NJ", he couldn't budge, I looked at Jackie, when she heard this her cyes almost bugged out of her head [oh no, that's not going to happen], its easy to see this now in retrospect. Ken's eyes were open and as blue as always. I know now what was so strange about the look he displayed, He was being confined against his will, Drugged with morphine and ativan and god knows what else, Jackie easily explained this away, She was a nurse. She knew the doctor and "he was the best in the field", and she got the nurses to "BUMP Ken's medications because this pain he was experiencing was of the most excruciating and the worst ofany type of pain anyone to experience" i,e" pancreatic attack, My whole family bought this malarkey, hook line and sinker. I was there every week tor the nine weeks it took to euthanasia him, I watched them bring bag after bag after bag of morphine in and hook up the pipes, Jackie insisted, to me, that "Ken had always said to me [her] that if anything ever happened to him that he wanted MORPHINE," One nurse said to me that the only reason that the bumped Ken's meds so high was that is was for Jackie, as she was standing right there taking credit for an alleged good deed. "Oh he can hear you and understand, he just can't say anything because of all the paralyzing medication, He needs it cause I wouldn't want him to hurt himself, or sutTcr. He was trying to pull out all the hoses so we had to restrain him and medicate him for his own good," she said. The nurse "from up Carlisle way" left the room, Jackie said to me cute isn't she, Jackie was there evcry day chatting with nurses tt'lIing them tales, consoling all Ken's visitors and 4 .-.-.----------"..-..--.----.- cXplaining the situation, Nevcr a tear drop fhulI hcr cye, NeVl.'r a hint or tilith liJr a chance rccovcry. To the contrary shc was uhsolutc in hcr convcying hclicrthat Kcn's cnd is near. This doctor Whitncy, who ollly showcd up whcn no onc clsc was around. Iinally decidcd to hreak the ncws to thc f1l1nily. it's time to rcmove thc electricity and Ict him dic, Too bad that his body got ovcrwhclmcd with hospital bactcria just as soon a his pancrcas was starting to rcgencrate itsclC lie invitcd cvcryone into a separate room to cxplain how alcohol takcs pcoplcs livcs and how this is what obviously has occurrcd. I told them go ahcad in that room and listcn to his specch il'they wantcd to, I know what hc is going to say, I rcmaincd with my brother, So they all combincd with Jackic and thc most competent doctor in his Iicld to plan thc pulling out orthe plug and shutting on'the machines, And they did it. No one mentioncd a pancrcas transplant. Why not? But they were all surprised to see that Kcn was not ready 10 die when they shut oft' the machines, and apparantly if they wantcd him dcad then they nced wait a while longer than hoped, He kept hanging on and on and on hour after hour, while bags of morphine were porcd into his body, and Jackie patted his hand knowing she had nearly reached her goal. Then this one nurse whom I still visualize with the stupetying ugly look she gleaned at me just before dimming the lights and hooking up the huge bag of drugs and opening the flow of the tubes full tilt. She had this square page boy type hairdo, it was bleached light brown, and she was a little over five feet and a few inches and sort of stubby and rough looking, She cocked her head to one side and augmented her smile upside-down along with her eyebrows, and moaned right in my face as she left the room, Finally it was near over, after nine-weeks of my brother's suffering torture, Jackie told me to wake up Ken's sleeping friend on the sofa. "he wouldn't want to miss this," I did as I was instructed, I turned otTthe radio, the monitor was taking periodic straight lines, Jackie said, "he's tough," Then it wasn't much longer before it straight lined, I was choking as my heart was in my throat, I didn't want him to die. This green bile began to ooze out of my brother's mouth and nose, Jackie calmly wiped it away for about a minute, then she got up and walked out to the nurse's station while I watched over my brothers body and wiped the ooze from his face till the body crew came in with the vacuum cleaner to suck up the green stuff The priest had visited earlier a couple times and said the prayers, Jackie wsa oblivious to the priest, as she is atheist. I told the priest that Ken was an alter boy and that I and my family would appreciate if he would do his job. I was certain by now that God had come for his spirit and carried it to heaven and that he was now with our mom and dad, So I went into the hallway and observed Jackie and a what looked like a half dozen or so nurses celebrating this end, smiling and hugging each other, They asked Jackie if she wanted all autopsy. "No", 5 _._------_._,_._---~._.,.__.._---_._._._----_._----_._.._._..._--"._..._-_._...._._-_._..-~.. This hospital whcre shc was cmployed I()r many years. (rcstraining patients and ball ling patients _ morc thanthc 25 ycar vcteran policc chief did bad guys). was located right next door to the hospital whcrc Kcn was takcn whcn he had a common placc non-lirc thrcatcning pancrcatitis allack, i.c" Holy Spirit Hospital. Jackic was adimcnt about not allowing any policc otliccr's at the timcra!. "Kcn would not want thcm thcrc," she said! Numcrous timcs shc rcitcrated this statcmcnt. Out a couplc showcd up anyway. Ocrorc the funcral Jackic was as calm and nicc as pic, shc wore a black vcillike Jackie Kcnnedy, Not a tear drop lor the entire time, 1 ask cd her if she was medicatcd, she said no, "I want to rcmember all of this. and don't want to miss anything," My brother Tom was giving her financial advice in the limousine on thc way to the grave site, Cathy and Jan were on cither side trying to console hcr, Jackic remained unmoved, Shc stayed cool calm and collectivc throughout the cntire, nearly three month. ordeal. This wasn't enough for Jackie's satisfaction, Shc called mc up and said that Ken would want me to have his guitar. (We would play together in his basement when I visited and stayed over night). I drove 110 miles again to pick up the guitar and console hcr loss, Shc pulled out a shoe box I1l1ed with photos and displayed them to me claiming how Ken never would have had the courage to pursue scuba diving if it wasn't for her. She said how it was her bravcry and encouragement that made Ken what he was, He was really not very confident without her, she claimed, ovcr and over. The truth is that in reality Ken would have agreed to this, and even to the rest of the world he would have nonchalantly given her any and all credit. Ken was strong and quiet like my mom, but very discerning as well. Our father was so proud when Ken announced he had become a Steelton police ot1icer. Area police departments 1V0uld call upon Ken to extract confessions from their suspects, He had an amazing ability to touch people so that wanted to talk to him voluntarily telling it all, He told me acquired this ability from our dad, He talked a serial killer off a roof top and convinced him to confess to multiple cold calculated murders, He loved his job, When Jackie called me to Highspire to pick up the guitar, evidently she felt a need to cause me more pain, I'm still not sure why, so she attacked Ken's dignity and alleged how she had discovered a pornographic video tape in Ken's apartment, (where he lived after he left her), when she and our mother's brother from Harrisburg, i,e., uncle Jirn went to empty out the contents orit, after I had declined the invitation to do the work, 1 had been driving back and forth for 10 or more consecutive weeks 110 miles each way. She said I could have Ken's snake skin boots as well as the guitar. She offered me some of his clothes. I asked for one additional thing, Something from the police force to remind me of him, I have a Steelton Police jacket patch and a couple pictures, Ken's guitar had a 6 crack all along the entire body of it when shc gavc it to me, I nevcr noticed it when Kcn and I had playcd it beforc in his bascment. I told her of my concern li.lr thc lack of pro Ie ssiona I cl1i.lrt to savc my brothcr and Oflhc cxcessive drugs and stafl'infcction like bactcria which she agreed \Vas just ncgligcncc in caring for him, Shc produccd somc hospital bills and indicatcd by displaying to mc the papcr and pointing out that (hc drugs thcy uscd cost morc than thc rcst of the charges for thc hospitalization combincd, I asked if she would conscnt and sign thc form tor mc to obtain the hospital records, so that I could rcvicw them for possible crrors, Shc assent cd vcrbally without hesitation, [ wcnt to the hospital sevcral timcs and linally, afler sevcral divcrsions, obtained the consent forms. She said to me, "I hope I didn't makc any dccisions or do anything to hurt him." I mailed her the torms completely lillcd out, and callcd her, Shc agreed to providc the signature, 1 called again, shc said, "oh thcir on the kitchcn table, I just havcn't signed it yet. I will," I was beginning to bccome concerned with all the previous events and did some technical research on the Internet to educate myself on pancreatic attacks. And later spoke to a couple medical school graduates, Things wcre becoming more and more clear. I tiled a paper on my own. It was defended on Civil Proccedure 12(b)6 aftirmative defenses etc, referencing to technical grounds that circumvented me as principal agent on my brother's behalf Jackie called my brother Tom and told him to pressure me, He did this, I refused to relent to this now illuminating truth. My reading of the law tells me that in order to remove Jackie as a barrier 1 need to charge her with a crime, This is a problem which [ need to address, I willlile this paper with the Bureau of Professional AtTairs in Pennsylvania, and with the Honorable Court as well. Please review my application to allow further evidence to sustain the complaints, maintaining for hearing on the merits, and to refile the case as suggested by the American Medical Association investigator, as a "Quality of Care" Case. There is an additional witness to be added, her name is Lois Jean Cole, she resides in Burlington, NJ. Ms Cole had subsequent to my previous filing indicated to me that Jackie I (Artley) Tindal, made numerous personal phone calls and conversations where Jackie I. Artley Tindal made various incriminating statements as to her guilty acts of coercion to hospital employees and with Dr. Whitney -- to bump Ken's medications to dangerous levels of intoxication and unconsciousness, and to permit her total control over treatments, which ultimately killed him before his natural term of life was fi.tlfilled, as being justified, Lois asked Jackie ir.~he was concerned about Ken hurting himself in the hospital with the drugs in him, i.e" falling out of bed (Lois nursed her father back from acute pancreatitis and prognosis of certain death due to chronic alcohol abuse -- that was more than twenty years ago he turned 81 two days ago, on November the 10th; Lois's sister 7 Shirley has been living with untreated pancreatic disease for ten or more years because of the nuisance oftreatmcnts --she has had several ,1It~cks), Jackie told Lois don't worry about him tidling out of bed, cause he ain't goin nowhere with all the drugs they got in him! Jackie made other nasty comments about all the members of Ken's tinnily. i.e" 1111her and all the brother's and sister's as bcing ruined by our fathcr, allegcd bccausc he lVas a watr hero and terrific man who she claims requircd too much of cach and everyonc of us, Thcrc is nothing tllrlhcr from thc truth, Wc all had a wondcrflll childhood and our parcnts both, mother and lathcr denied thcmslves evelything for us, My fillhcr treated J~ckie like his would his own daughtcr's, i.c" as onc ofthc Tindal f.1mily, This pcrmitted Jackie to help herself to Ken's ninety-thousand dollar lifc insurance policy in addition to his Police Retirement bcncfits ~nd pcnsion for the rcmaindcr of her life, Further investigation is ncccssary to gather information from conversations between Jackie I. Artley Tindal, and the Priest who conducted the funeral services, in which, the priest made negative public comments he stated as derived (urged) from Jackie, with emphasis on lengthy "getting to know Jackie" conversations prior to the funeral, which he stated was something that has never happened bcfore in his experience, My entire family was defamed by the words Jackie coerced and force fed to the priest. Jackie herself being admittedly an atheist without alliance to any form of higher power or allegiance to anyone or anything othcr than money, walked into the church with the explicit purpose to cajole the Holy Catholic priest into her way of convoluted thought. This was the most disgraceful display of religious condemnation and prejudice imaginable by someone claiming concern for her marriage partner. Why do cops marry nurses? Because they believe they would be cared for in the advent of emergency, The Honorable Chief of Police for Steelton, P A Kenneth James Tindal (a former alter boy) was described to the friends and family (a full house) Catholic Mass as a person who must have at least done some good because he was a policeman for 25 years ( 18 years as Chief), The Priest, via Jackie, said Ken was responsible for his own death and that basically Jackie was the victim, This episode followed a lengthy premeditated actus reus and mens rea to cause a long slow painful and distressful death, Initially I was reluctant to prosecute Ken's killer's, but now there is little doubt that justice can only be served by exposing the truth, Certainly Ken would not want Jackie to go to jail, and neither would I. But, she needs treatment for this flaw and the errors in her character, What she has deprived other's of was of no value to her. I have a phone message tape where she is accusing me of filing charges for money as the objective or subjective intent. She said that "your brother would turn over in his grave if he knew this", I live in Michigan and have passed through Pa several times, When I visit my brother's grave site, it's one of the few without flowers, only cobwebs, Not long after Ken died I asked Jackie for directions to the site, She said, "oh I go all the time and it's a long ways from here, oh well it's not really such a long ways from here,"she said. But she couldn't give me directions, She said they made a mistake in spelling of the name on the grave marker and she has to get it changed. To my knowledge, there was no error, and have I visited several times and have photo evidence of cobwebs, and no sign of any 8 visitation other thanmysclf Jackic told us wc could havc thc body berricd c10scr to us if wc wantcd, She said shc going to bc crcamatcd, 11'1 sue and win I don't want a dime lor myself But I have brother's and sistcr's who wcre duped and dcl1ulled, whilc shc cxtortcd moncy fi'om Ken's pcnsion and life insurance policy, $90,000, Kcn told mc aboutthc policy. Ilc also said that he was thinking about shilling half to his brother's and sistcr's, which is hcre nor there, but it docs indicate his dcsire to distancc himself somcwhatlrom Jackie, Ken was an outstanding man and shortly aller he was killcd, my brothcr Tom said Kcn had applied lor a position with the statc subscqucnt to his dcath, a was prcsentcd with an opportunity in govcrnmcnt law entorccmcm employment, which would have indccd an undoubtedly restored a dignity which hc felt was diminishcd due to an unfortunate act, which not unlike our own honorable Prcsidcnt Georgc W, Bush, causcd him pain and some ridiculc within, Dr. Jonathan Whitney and Jackie I. Artley Tindal and the Holy Spirit nursing Stafr all played a significant part in the untimely death of Kenneth James Tindal, because of the poor 'Quality of Care' and the obviously calculated euthanasia of my brother, The facts indicate that my brother's non-life-threatening condition was worsened by the substandard trcatment They further complicated his illness with bacteria after reducing his vital signs and natural resistance to combat any disease with excessive narcotics rendering him unconscious so that they might profit and have their way with him and the insurance carriers, these elements of Ken's death were not explained on the death certificate. Jackie was celebrating her pot of gold with stafr nurses only minutes after Ken expired and thecertainty of fruitful retirement money hit her pocket book. Then she proceed to torture me with her method of continued abuse and cajoling of the truth, The AMA ofrered to give me a complete explanation for my brothers death in trade for closure. After much time had passed, they supplied me with no report of any value, they forwarded only a form letter requesting that I dismiss the case, In sum, I need to refile for "Quality of Care" violations, adding Jackie I Artley Tindal, and Holy Spirit Hospital to Jonathan Whitney as defendants. But for their interference Ken would still be here and most likely employed at doing what he loved, There are many witnesses to depose and interrogatories to be exchanged for discovery. And perhaps the body needs to be exhumed for cause-of-death testing, At that point I will be prepared to continue with the prosecution, Thank you for allowing me to respond. Please contact me if more information is required, Sincerely, -.:k.,-~ 6 .j~U u<~ >7VJ~ -/!-f/!" r ~ (Io!'r gl'{~"f (J~jf' cc: Prothonatary, Cumberland County Court, Carlisle, P A Pennsylvania Department of Professional Afrairs Francis 0" Tindal IIvJEt~(-Tel ////4-/aL ~ p: 0,(, 9 Ken took a separatcd rcsidence and lell his wife of many years (10 plus), Hc had suspicions ofinlidclity, and wanted a changc, Ken, as Inany prolessionals in his Iield orIaw and order, used alcohol to case thc strcss induced by his dcvotion to thc citizcns pcoplc and dcmands of his job. Hc was a strong detcrmined individual. His Illthcr instilled into Kcn's pcrsonal constitution a grcat sensc of faith and certainty of character. Kcn did not nccd to tcll pcoplc what hc did for them bccausc thcy kncw, It was of littlc importancc that he rcccivc rccognition othcr than a guud feeling that hc did all hc cuuld inthc namc ufjusticc and humanity, Hc was proud to bc ablc to wcar thc uniform that rcprescnted the greatest law enforcement systcm on this planct. Hc had a small mattcr of gctting a couplc departmcnt employecs to conform to uniformity and exhibit thc pride of the Steel ton Police Departmcnt to the pcople he cared much for, the citizens of Steelton, Two unnamcd ollicer's found their superior in a unfortunatc situation, and maliciuusly took the extra efforts to defame him, Because of the subsequent developments, Ken resigned from the forcc he lovcd, Despite the Boro's political of!icer's and townspeople's desircs to retain Kcn as thc chief uf thcir pulice furcc, Kcn cuuld nut uvercumc his despair. His wife wrotc the lucal newspapcr to cxprcss her hcartfclt words to the public, She added her signature to ensure that she got some credit, which no doubt the people of Steelton who cared for their police force and chief would supply her, Of course this made Jackie the center of the matter and smelling like a rose too, Jackie was always there to speak for Ken when he remained silent, she loved telling Ken's war stories and the things he did for the people, Jackie liked to include herself as being the reason behind Ken's successes, she wanted credit fur evelything he did, She told her war stories too, Jackie worked in the mental hospital were she often used justified force to restrain persons placed in her care, Ken and Jackic, whoops; Jackie ,,,,Ii"", would visit Ken's mother and lather and brother's and sister's in NJ on numerous occasions. Jackie always spoke for Ken and had the center of attention. Ken would sip a drink and try to relax, Jackie claimed that her battles at the mental hospital were much more violent then anything Ken encountered at his work, Le" kicking duwn doors and dragging out dangerous bad guys and drug user's etc" was minor in contrast to Jackie's heroic nursing mannerisms, When Jackie became worn out from bragging she would tell Ken OK time to go, and Ken would politely take his seat in the car and Jackie would drive them home, My family 2 treated Jackic as ii'she was ol'the salllc blood, My I1lther spoke wcllofher and lilY mOIll lell confidcnt that her son WIIS sai'e with Jackie, Again, I willmenliun that KCII had jusllel1 (scparatcd Ii'olll) Jackic and moved into a slllall apartmcnt ncar and undcr oWllership of the Progress Fire Dcpartmcnt and Mcmbership Club whcre he had long-timc lI'icnds. Jackic was what is commonly rcferred to as an 'enablcr', this means that due to hcr extra cfiults Ken was cnablcd to gcl this periodic relicI' Irom thc strcss of lifc and job prcssures using the legal substancc alcohol. Ken was moving in a direction apart tromthis substance, This is evidcnccd by the I1lclS hc look part in a recovcry program in order to cducatc and distancc himself from alcohol as an anesthetic, Le" by replacement with other things, This in itsclfwas a threat to Jackic's future, and I 'think' morc importantly to her pocket book. Unfortunately most individuals do not rccovcr from this easily acquired usc of alcohol substance, and often carry it throughout their lifetime, Their arc several stages of dcvelopment which enablcs all assessment of the progression and the side effects associated wilh long term subslance use. They can be falal, bul it lakes a long time of extremely heavy excessive usc in most cases, unless the individual is completely reckless and oblivious to the risks involved, I. E. motor vehicle accidents and even unintended suicide, I submit that this was certainly not the issue nor the circumstanccs with which my brother was engaged, He was on a path to complete recovery. How do I know? Because I became vcry close to my brother and Jackie and spent a great deal of time at their home with them and more particularly with Ken on a regular basis, for a year plus, before his death. I have cxtensivc training and expericnce in alcohol related recovery, Ken and I were renewing our brotherhood bonds and had bcen sharing philosophical ideas and discussing our personal convictions, We spoke of our future aspirations. Our brother Tom Tindal, scnior to mysell'and junior to Ken, spent much quality time with Ken. They look trips to NY where Ken was having some tattoos removed, I would suggestlhat this is self improvcment. Ken evcn had a cosmetic nose repair tur self improvement, just prior to his hospitalization. Tom called me and said that Ken was in the hospital with stomach pain, Well Ken was strong guy and he had some previous concerns with high blood pressure, a common thing. Most people 1 know have it. Ken was recently qualified at deep sea scuba diving, He vacationed in Florida to scuba dive, He loved life, He lifted weights, and rode a bicycle, He sang and played the guitar, and read music. And was a well liked man. I'm 48 years of age my bloud pressure and heart rate are perfect. Bul I am very relaxed when 1 take thcse tests. I haven't used alcohol since 12/25/1983, and I have a healthy diet. I get little exercise because of serious back injuries perpetuated from being rear-ended six timcs by negligent motorists, But sometimes I am ccrtain whcn I allow myself to be ~ -, overcume with rare angcr ur excitemefllmy blood pressure soars 100. Those machines in the supermarkct givc me thc cvidcncc I need to make this statcment. Be/ore anyone could make ittothc hospitalwhcre Ken was Jackic arrived onthc sccnc, Shc relllse to take Ken 10 (hc hospital whcn he called her lI'om his aparllllcnl only a short distance lI'om their townhouse. Ken had 10 call somcone clse for a ridc. /-Ie was conccrned bccause of stomach pain, I-lis friend came, Jackic madc immcdiatc asscssmcnt ofthc situation. This was hcr chance to fix cvelything, She couldn't let Ken get away with Icaving hcr. What ifhc rcmarried, Kcn was a vcry good luoking likable man, Sandy hair withuut a sign uf gray a 51 years old, A frcsh nose repair; removal of all his tattoos (only a fcw small oncs); and distancing himselftrom alcohol and thc -- intinnous 'cnabler', When I gut tu hospital and saw my brothcr huuked up to these huge bags of drugs and hoses in his nose and mouth. I was stunncd. My brother's and sister's were standing around him like this was anticipated, Jackie had explaincd evcrything to them. I spoke to him uut luud "hey buy gct thc hell uut of that bed nuw, cume un yuu can cume back with me to NJ", he couldn't budgc, I luuked at Jackic, whcn shc heard this hcr eycs almust bugged out of her head [oh no, that's not going to happen], its easy to see this now in retrospcct. Kcn's eycs werc upcn and as bluc as always. I know nuw what was so strangc about the louk hc displaycd, /-Ie was bcing confincd against his will. Druggcd with morphinc and ativan and god knows what else. Jackie easily explained this away, She was a nurse. She kncw the doctor and "he was the bcst in thc field", and shc got thc nurses to "BUMP Kcn's medications becausc this pain hc was cxperiencing was of the most cxcruciating and thc worst of any typc of pain anyunc to cxpericncc" i.c" pancreatic attack. My whole family bought this malarkey, hook line and sinker, I was there every week for the nine weeks it took to euthanasia him. I watched them bring bag aftcr bag aftcr bag ofmorphinc in and huok up thc pipcs, Jackie insisted, to me, that "Ken had always said to me [her] that if anything ever happened to him that he wanted MORPHINE," One nurse said to me that the only reason that the bumpcd Ken's meds so high was that is was for Jackie, as shc was standing right thcrc taking crcdit for an alleged good deed, "Oh he can hear you and understand, he just can't say anything because of all the paralyzing medication, He needs it cause I wouldn't want him to hurt himself, or suffer. He was trying to pull out all the hoses so we had to restrain him and medicate him for his own good," she said. The nurse "from up Carlisle way" left the room, Jackie said to me cute isn't she. Jackie was there every day chatting with nurses telling them talcs, consoling all Ken's visitors and 4 explaining the situation, Never a tear dropli"flln hcr eye. Never a hint offhith lor a chance recovery, To the contrary she was absolule in her conveying belief that Kcn's end is ncar, This doctor Whit ney, who only showed up when no one else was around, linally decided to break the news to Ihe nunily, it's lime to removc the electricity and let him die. Too bad that his body got ovcrwhelmed with hospilal bactcria just as soon a his pancrcas was starlillg to regellerale itself He invited everyolle into a separate room to explain how alcohol takcs pcoples livcs and how this is what obviously has occurrcd, I told them gu ahead in that roum lmd listell to his speech if they w/lIlted to, I know what he is guing to say. I remained with my brother, So they all eombilled with Jackie and thc most competent doctor in his field to plan the pulling out of the plug and shutting ofT the machines. And they did it. No one mentioned a pancrcas transplant. Why not? But they wcrc all surprised to see that Ken was not ready to die whcn they shut ofT the machines, and apparantly if they wanted him dead then they need wait a while longer than hoped, He kept hanging on and on and on hour after hour. while bags of morphine were pored into his body, and Jackie patted his hand knowing she had nearly reached her goal. Then this one nurse whom I still visualile with lhe stupefying ugly luuk she gleaned alme just before dimming the lights and hooking up Ihe huge bag of drugs and opening the flow of the tubes full tilt. She had this square page boy type hairdo, it was bleached light brown, and she was a little over five feet and a few inches and sort of stubby and rough looking. She cucked her head to one side and augmented her smile upside-down along wilh her eyebrows, and moaned right in my face as she left the room, Finally it was near over, after nine-weeks of my brother's suffering torture, Jackie told me to wake up Ken's sleeping friend on the sofa, "he wouldn't want to miss this." I did as I was instructed, ! turned off the radio, the monitor was taking periodic straight lines, Jackie said, "he's tough," Then it wasn't much longer before it straight lined, I was choking as my heart was in my throat, I didn't want him to die, This green bile began to ooze out o I' my brother's mouth and nose, Jackie calmly wiped it away for abuut a minute, then she gol up and walked out to the nurse's station while I watched over my brothers body and wiped the uoze frum his face till the body crew came in with the vacuum cleaner to suck up the green stuff The priest had visited earlier a couple times and said the prayers. Jackie wsa oblivious to the priest, as she is atheist. I tuld the priest that Ken was an alter boy and that I and my family would appreciate if he would do his job, I was certain by now that God had come for his spirit and carried it to heaven and that he was now with our mom and dad. So I went intu the hallway and observed Jackie and a what looked like a half dozen or so nurses celebrating this end, smiling and hugging each other, They asked Jackie if she wanted an autopsy, "Nu", 5 This hospital whcre she was cmployed I()r many ycars, (restraining patients and battling palients - more than the 25 ycar vctcran policc chicfdid had guys), was located right ncxt door to thc hospital whcrc Kcn was taken when he had a common place non-life Ihrcatcning pancreatitis attack, ie, Iloly Spirit Ilospital. Jackie was adimcnt about not allowing any police ollicer's at thc funeral. "Kcn would not want thcm thcrc," shc said! Numcrous timcs she rcitcratcd this statcmcnt. But a couple showed up anyway, Bcfore thc fillleral Jackic was as cahn and nicc as pic, shc wore a black veillikc Jackic Kcnnedy. Not a tcar drop lor the cntirc timc, I askcd hcr if shc was mcdicatcd, shc said no, "I want to rcmcmher all of this, and don't want to miss anything," My brothcr Tom was giving hcr linancial advice in thc limousinc on thc way to thc gravc site, Cathy and Jan wcrc on either side trying to consolc her, Jackic remained unmovcd, Shc stayed cool calm and collective throughout the entirc, nearly three month, ordeal. This wasn't enough for Jackic's satisfaction, She called mc up and said that Ken would want mc to have his guitar, (We would play togethcr in his basement when I visited and stayed over night), I drove 110 miles again to pick up the guitar and console her loss, She pulled out a shoe box tilled with photos and displaycd them to me claiming how Ken never would have had the courage to pursue scuba diving ifit wasn't for her. She said how it was her bravery and encouragement that made Ken what he was, He was really not very confident without her, she claimed, over and over. The truth is that in reality Ken would have agreed to this, and even to the rest of the world he would have nonchalantly given her any and all credit. Ken was strong and quiet like my mom, but very discerning as well. Our father was so proud when Ken announced he had become a Steelton police officer. Area police departments would call upon Ken to extract confessions from their suspects. He had an amazing ability to touch people so that wanted to talk to him voluntarily telling it all, He told me acquired this ability from our dad, He talked a serial killer offa rooftop and convinced him to confess to multiple cold calculated murders, He loved his job, When Jackie called me to Highspire to pick up the guitar, evidently she felt a need to cause me more pain, I'm still not sure why, so she attacked Ken's dignity and alleged how she had discovered a pornographic video tape in Ken's apartment, (where he lived after he left her), when she and our mother's brother from Harrisburg, i.e" uncle Jim went to empty out the contents of it, after I had declined the invitation to do the work. I had been driving back and forth for 10 or more consecutive weeks 110 miles each way. She said I could have Ken's snake skin boots as well as the guitar. She offered me some of his clothes. I asked for one additional thing, Something from the police force to remind me of him, I have a Steelton Police jacket patch and a couple pictures. Ken's guitar had a 6 ~ .J crack all along the cntirc body of it whcn shc gavc it to mc, I nevcr noticcd it whcn Kcn and I had played it before in his basement. I told her of my eonccrn lor thc lack of professional ellort to save my brother and oflhc cxccssivc drugs and stall'inlcction likc bacteria which shc agrecd was just ncgligencc in caring for him, Shc produced somc hospital bills and indicatcd by displaying to mc the paper and pointing out that thc drugs they used cost more than the rest of the chargcs lor the hospitalization combined, I asked if she would consent and sign the form lor me to obtain the hospital records, so that I could review them lor possible crrors, She asscnted verbally without hesitation, I went to the hospital several times and finally, after several diversions, obtained the consent forms, She said to me, "( hope I didn't make any dccisions or do anything to hurt him," I mailed her the lorms completely filled out, and called her, She agreed to provide the signature, I called again, she said, "oh their on the kitchen table, I just haven't signed it yet. I will." I was bcginning to become concerned with all the previous events and did some technical research on the Internet to educate myself on pancreatic attacks, And later spoke to a couple medical school graduates, Things were becoming more and more clear. ( filed a paper on my own. It was defended on Civil Proceedure l2(b)6 aftirmative defenses etc. referencing to technical grounds that circumvented me as principal agent on my brother's behalf. Jackie called my brother Tom and told him to pressure me, He did this, ( refused to relent to this now illuminating truth, My reading of the law tells me that in order to remove Jackie as a barrier I need to charge her with a crime, This is a problem which ( need to address, ( will file this paper with the Bureau of Professional Affairs in Pennsylvania, and with the Honorable Court as well, Please review my application to allow further evidence to sustain the complaints, maintaining for hearing on the merits, and to refile the case as suggested by the American Medical Association investigator, as a "Quality of Care" Case, There is an additional witness to be added, her name is Lois Jean Cole, she resides in Burlington, NJ, Ms Cole had subsequent to my previous filing indicated to me that Jackie 1 <Artley) Tindal, made numerous personal phone calls and conversations where Jackie I. Artley Tindal made various incriminating statements as to her guilty acts of coercion to hospital employees and with Dr. Whitney -- to bump Ken's medications to dangerous levels of intoxication and unconsciousness, and to permit her total control over treatments, which ultimately killed him before his natural term of life was fulfilled, as being justified, Lois asked Jackie if she was concerned about Ken hurting himself in the hospital with the drugs in him, i,e" falling out of bed (Lois nursed her father back from acute pancreatitis and prognosis of certain death due to chronic alcohol abuse -- that was more than twenty years ago he turned 81 two days ago, on November the 10th; Lois's sister 7 Shirlcy has bcen living with untrcatcd pancrcatic diseasc for ten or morc years bccausc of thc nuisancc oftrcatmcnts --she has had scvcral attacks), Jackic told Lois don't worry about him tailing out of bed, causc he ain't goinnowhcrc with all the drugs they got in him! Jackic madc othcr nasty commcnts about all thc membcrs of Ken's family, Lc" father and all thc brother's and sister's as bcing ruincd by our lathcr, allcged bccausc he was a watr hcro and tcrrific man who shc claims rcquircd too much of cach and evcryonc of us, There is nothing further from thc truth. Wc all had a wonderful childhood and our parents both, mother and father dcnicd themslves everything for us. My father treated Jackie like his would his own daughter's, Le" as one of the Tindal tamily, This pcrmitted Jackic to hclp hersclfto Ken's ninety-thousand dollar life insurance policy in addition to his Police Retircment benefits and pension for the remainder of her lifc, Further investigation is necessary to gather information from conversations between Jackie I. Artley Tindal, and thc Priest who conducted the funeral services, in which, the priest made negative public comments he stated as derived (urged) from Jackie, with emphasis on lengthy "getting to know Jackie" conversations prior to the funeral, which he stated was something that has never happened before in his experience. My entire family IVas defamed by the words Jackie coerced and force fed to the priest. Jackie herself being admittedly an atheist without alliance to any form of higher power or allegiance to anyone or anything other than money, walked into the church with the explicit purpose to cajole the Holy Catholic priest into her way of convoluted thought. This was the most disgraceful display of religious condemnation and prejudice imaginable by someone claiming concern for her marriage partner, Why do cops marry nurses? Because they believe they would be cared for in the advent of emergency. The Honorable Chief of Police for Steel ton, PA Kenneth James Tindal (a former alter boy) was described to the friends and family (a full house) Catholic Mass as a person who must have at least done some good because he was a policeman for 25 years (18 years as Chief), The Priest, via Jackie, said Ken was responsible for his own death and that basically Jackie was the victim. This episode followed a lengthy premeditated actus reus and mens rea to cause a long slow painful and distressful death. Initially I was reluctant to prosecute Ken's killer's, but now there is little doubt that justice can only be served by exposing the truth, Certainly Ken would not want Jackie to go to jail, and neither would I. But, she needs treatment for this flaw and the errors in her character. What she has deprived other's of was of no value to her. I have a phone message tape where she is accusing me of filing charges for money as the objective or subjective intent. She said that "your brother would turn over in his grave if he knew this", llive in Michigan and have passed through Pa several times. When I visit my brother's grave site, it's one of the few without flowers, only cobwebs, Not long after Ken died 1 asked Jackie for directions to the site, She said, "oh I go all the time and it's a long ways from here, oh well it's not really such a long ways from here,"she said, But she couldn't give me directions, She said they made a mistake in spelling of the name on the grave marker and she has to get it changed. To my knowledge, there was no error, and have I visited several times and have photo evidence of cobwebs, and no sign of any 8 visitation othcr than myscIr Jackie told us we could have the body bcrried c10scr to us if we wantcd, She said she going to bc crcamatcd, If I sue and win I don't want a dime Illr myself BUI I havc brother's and sistcr's who were duped and def.1Tncd, while shc extorted money Ihnl1 Ken's pension and lifc insurance policy, $90,000, Kcn told mc about the policy, Ilc also said that hc was thinking about shilling half to his brothcr's and sister's, which is hcrc nor therc, but it docs indicatc his desirc to distancc himsclf somcwhat from Jackie, Kcn was an outstanding man and shortly al1cr hc was killed, my brother Tom said Kcn had applied for a position with thc statc subsequent to his death, a was prcscnted with an opportunity in govcrnment law cnlorcemcnt cmploymcnt, which would have indeed an undoubtedly restored a dignity which hc fclt was diminishcd due to an unfortunate act, which not unlike our own honorable Presidcnt Georgc W, Bush, caused him pain and somc ridiculc within, Dr. Jonathan Whitney and Jackie I. Artley Tindal and the Holy Spirit nursing Staff all playcd a significant part in the untimely death of Kcnneth Jamcs Tindal, because of the poor 'Quality of Care' and thc obviously calculated euthanasia of my brother. The facts indicatc that my brothcr's non-life-threatening condition was worsened by the substandard treatment. Thcy further complicated his illness with bacteria after reducing his vital signs and natural resistance to combat any disease with cxcessive narcotics rendering him unconscious so that they might profit and have their way with him and the insurance carriers, thcse clements of Ken's death were not explained on the death certificate, Jackie was celebrating her pot of gold with staff nurses only minutes after Ken expired and thecertainty offruitful retirement money hit her pocket book. Then she proceed to torture me with hcr mcthod of continued abuse and cajoling of the truth, The AMA offered to give me a complete explanation for my brothers death in trade for e1osure, After much timc had passed, they supplied me with no report of any value, they forwarded only a form letter requesting that I dismiss the case, In sum, I need to refilc for "Quality of Care" violations, adding Jackie I Artley Tindal, and Holy Spirit Hospital to Jonathan Whitney as defendants, But tor their interference Ken would still bc here and most likely employed at doing what he loved, There are many witnesses to depose and interrogatories to be exchanged for discovery. And perhaps the body needs to bc exhumed for cause-of-death testing, At that point I will be prepared to continue with the prosecution, Thank you for allowing me to respond. Please contact me ifmore information is required, Sincerely, ~ (JJ~ U clj ST~ ~c.-.lf117 flv i-f7lI(51'i:',t-(-(c:(-I cc: Prothonatary, Cumberland County Court, Carlisle, P A Pennsylvania Department of Professional f\B'airs Francis 0., Tindal I/Vl,echieJ n(/4-!ol. F,D.T- 9 .._----._.,---_._._.-.._._~,._- Ken took a separatcd rcsidencc and Icll his wife of many ycars (10 plus), lie had suspicions of infidelity, and wantcd a change, Ken. ns many professionals in his field of lnw and order, uscd alcohol to ease the strcss induccd by his dcvotionlo thc citizens pcoplc and demands of his job, 'j: Hc was a strong dctcrmincd individual. His lather instillcd into Kcn's pcrsonnl constitution n great sense of filith and ccrtainty of character. Ken did not nccd to tell peoplc what he did for thcm bccause thcy kncw, It was of littlc importancc that hc rcccivc recognition othcr than a good fceling that hc did all he could in thc namc of justice and humanity. v, Hc was proud to be able to wcar thc uniform that rcprcscntcd the greatcst law enforcement system on this planct. Hc had a small matter of gctting a couple dcpartment cmployees to conform to uniformity and exhibit thc pridc of thc Steelton Police Department to the peoplc hc cared much for, the citizens of Steelton. Two unnamed otl1cer's found their supcrior in a unfortunate situation, and maliciously took the extra etTorts to defamc him, Because of the subsequent developments, Ken resigned from the forcc he loved. Despite the 80ro's political otl1cer's and townspeople's desires to retain Kcn as the chief of their police force, Ken could not overcome his despair. His wife wrote the local newspaper to express her heartfelt words to the public, She added her signature to ensure that she got some credit, which no doubt the people of Steelton who cared for their police force and chief would supply her. Of course this made Jackie the center of the matter and smelling like a rose too. Jackie was always there to speak for Ken when he remained silent, she loved telling Ken's war stories and the things he did for the people, Jackie liked to include herself as being the reason behind Ken's successes, she wanted credit for everything he did, She told her war stories too. Jackie worked in the mental hospital were she often used justified force to restrain persons placed in her care, Ken and Jackie, whoops; Jackie ''''",0', would visit Ken's mother and father and brother's and sister's in NJ on numcrous occasions, Jackie always spoke for Ken and had the center of attention, ~, li' 1 :P ffJ if t, 1)""1 I" , ',",:i:. li",~"", '1 I' , ' , Ken would sip a drink and try to relax. Jackie claimed that her battles at the mental hospital were much more violent then anything Ken encountered at his work, i.e., kicking down doors and dragging out dangerous bad guys and drug user's etc., was minor in contrast to Jackie's heroic nursing mannerisms, When Jackie became worn out from bragging she would tell Ken OK time to go, and Ken would politely take his seat in the car and Jackie would drive them home, My family 2 .--------..--------- treated Jackic as ifshe was of the samc blood, My Hither spoke well of her and my mom lelt confidcnt that hcr son was sale with Jackie, Again, I will mcntion that Ken hadjustlell (separated Ii'om) Jackie and moved into a small apartmcnt ncar and under owncrship of the Progress Fire Dcpartmcnt and Membership Club whcre hc had long-time Ii'icnds, Jackie was what is commonly rclerred to as an 'enabler', this means that due to her extra efforts Ken was cnablcd to gct this pcriodic relicI' from thc strcss of life and job prcssures using the legal substance alcohol. Ken was moving in a direction apart Ii'om this substancc. This is evidcnced by the facts hc took part in a rccovery program in ordcr to educate and distance himself/rom alcohol as an anesthetic. i,c., by replacemcnt with other things. This in itself was a threat to Jackie's future, and I 'think' more importantly to her pocket book. Unlortunately most individuals do not recover Irom this easily acquired use of alcohol substance, and often carry it throughout their lifetime. Their are several stages of development which enables an assessment of the progression and the side cffects associated with long term substance use, They can be fatal, but it takes a long time of extremely heavy excessive use in most cases, unless the individual is completely reckless and oblivious to the risks involved, I.E, motor vehicle accidents and even unintended suicide, I submit that this was certainly not the issue nor the circumstances with which my brother was engaged. He was on a path to complete recovery, How do I know? Because I became very close to my brother and Jackie and spent a great deal of time at their home with them and more particularly with Ken on a regular basis, for a year plus, before his death, I have extensive training and experience in alcohol related recovery, Ken and I were renewing our brotherhood bonds and had been sharing philosophical ideas and discussing our personal convictions, We spoke of our future aspirations, Our brother Tom Tindal, senior to myself and junior to Ken, spent much quality time with Ken. They took trips to NY where Ken was having some tattoos removed. I would suggest that this is self improvement. Ken even had a cosmetic nose repair for self improvement, just prior to his hospitalization, Tom called me and said that Ken was in the hospital with stomach pain. Well Ken was strong guy and he had some previous concerns with high blood pressure, a common thing, Most people I know have it. Ken was recently qualified at deep sea scuba diving. He vacationed in Florida to scuba dive. He loved life, He lifted weights, and rode a bicyele. He sang and played the guitar, and read music. And was a well liked man, I'm 48 years of age my blood pressure and hcart rate are perfect. But I am very relaxed when I take these tests. I haven't used alcohol since 12/25/1983, and I have a healthy diet. I get little exercise because of serious back injuries perpetuated from being rear-ended six times by negligent motorists, But sometimes I am certain when I allow myself to be " ~ ovcrcomc with rare anger or cxcitemcnt my blood prcssurc soars too. Those machincs in thc supcrmarkct givc me thc cvidcncc I nccd to makc this statcmcnt. Bcforc anyone could makc it to thc hospital wherc Kcn was Jackic arrived on thc sccne. Shc rcfusc to takc Kcn to thc hospital whcn hc called hcr Ii'orn his apartmcnt only a short distance from thcir townhousc, Ken had to call somconc clsc for a ride, Hc was concerned bccausc of stomach pain, I-lis friend camc, Jackic made immcdiatc asscssmcnt ofthc situation. This was hcr chancc to lix cvcrything. Shc couldn't let Kcn gct away with leaving hcr, What ifhc remarried. Ken was a very good looking likablc man. Sandy hair without a sign of gray a 51 years old. A frcsh nose repair; removal of all his tattoos (only a fcw small oncs); and distancing himself/rom alcohol and thc -- inf.1mous 'enabler', Whcn I got to hospital and saw my brother hookcd up to thesc huge bags of drugs and hoses in his nose and mouth. I was stunned, My brothcr's and sister's were standing around him likc this was anticipated, Jackie had eXplaincd evcrything to thcm. I spokc to him out loud "hey boy get the hell out of that bed now, come on you can come back with me to NJ", he couldn't budge, I lookcd at Jackic, when shc heard this her cyes almost bugged out of her hcad [oh no, that's not going to happcn], its easy to see this now in retrospect. Ken's eyes werc open and as blue as always, I know now what was so strange about the look he displayed, Hc was bcing conlincd against his will, Druggcd with morphine and ativan and god knows what else, Jackie casily cxplained this away, Shc was a nurse, She kncw the doctor and "hc was thc best in the field", and shc got the nurscs to "BUMP Ken's medications bccausc this pain hc was expericncing was of the most excruciating and the worst of any typc of pain anyone 10 cxpericncc" i,e" pancrcatic attack. My whole family bought this malarkey, hook line and sinkcr, I was there every wcck for the nil": \\iceks it took to euthanasia him. I watched them bring bag altcr bag allcr bag of morplnlle in and hook up thc pipcs, Jackie insisted, to me, that "Ken had always said to me Ihcrj that il'lInything cvcr happcned to him that he wanted MORPHINE," One nurse said to mc that the only rcasonthat the bumped Ken's meds so high was that is was for Jackie, as she was standing right thcre taking credit for an alleged good deed. "Oh he can hcar you and understand, he just can't say anything because of all the paralyzing medication, He needs it cause I wouldn't want him to hurt himself, or suITer, He was trying to pull out all the hoscs so we had to restrain him and medicate him for his own good," she said, The nurse "from up Carlisle way" len the room, Jackie said to me cute isn't she, Jackie was there cvery day chatting with nurscs tclling them tales, consoling all Ken's visitors and 4 explaining the situation, Never a tear drop Irom her eye, Nevcr a hint of laith for a chance recovery. To the contrary she was absolute in her conveying bcliefthat Ken's end is near. This doctor Whitney, who only showed up when no one clse was around, finally dccided to break the news to the family. it's time to rcmove the electricity and let him dic, Too bad that his body got overwhelmed with hospital bacteria just as soon a his pancreas was starting to regcncrate itsclf. Hc invited everyone into a separate room to explain how alcohol takes peoples livcs and how this is what obviously has occurred, I told them go ahead in that room and listen to his spccch if they wanted to. I know what he is going to say, I remained with my brothcr. So they all combined with Jackie and thc most competent doctor in his field to plan the pulling out of the plug and shutting olrthe machines, And they did it. No onc mentioncd a pancrcas transplant. Why not? But they were all surprised to see that Ken was not ready to die when they shut otrthe machines, and apparantly if they wanted him dead then they need wait a while longer than hoped. He kept hanging on and on and on hour aftcr hour, while bags of morphinc were pored into his body, and Jackie patted his hand knowing she had nearly reached her goal. Then this one nurse whom I still visualize with the stupefYing ugly look she gleaned at me just before dimming the lights and hooking up the huge bag of drugs and opening the tlow of the tubes full tilt, She had this square page boy type hairdo, it was bleached light brown, and she was a little over five feet and a few inches and sort of stubby and rough looking. She cocked her head to one side and augmented her smile upside-down along with her eyebrows, and moaned right in my face as she left the room. Finally it was near over, after nine-weeks of my brother's suffering torture. Jackie told me to wake up Ken's sleeping friend on the sofa, "he wouldn't want to miss this." [ did as [ was instructed, I turned off the radio, the monitor was taking periodic straight lines. Jackie said, "he's tough," Then it wasn't much longer before it straight lined, I was choking as my heart was in my throat, I didn't want him to die, This green bile began to ooze out of my brother's mouth and nose. Jackie calmly wiped it away for about a minute, then she got up and walked out to the nurse's station while I watched over my brothers body and wiped the ooze from his face till the body crew came in with the vacuum cleaner to suck up the green stuff. The priest had visited earlier a couple times and said the prayers, Jackie wsa oblivious to the priest, as she is atheist. I told the priest that Ken was an alter boy and that I and my family would appreciate if he would do his job, I was certain by now that God had come for his spirit and carried it to heaven and that he was now with our mom and dad, So [ went into the hallway and observed Jackie and a what looked like a half dozen or so nurses celebrating this end, smiling and hugging each other. They asked Jackie ifshe wanted an autopsy. "No", , ! , 5 This hospital wherc shc was clllployed for many years, (rcst raining paticnts and battling patients. more than the 2S ycar veteran policc chicfdid bad guys), was locatcd right next door to thc hospital whcrc Kcn was takcn whcn he had a common place non-life threatening pancre,ltitis attack, Lc" Holy Spirit I lospital. Jackic was adimcnt about not allowing any policc ot1iccr's at thc Ilmcral. "Ken would not want thcm thcrc," shc said! Numerous times she rcitcrated this statcment. lJut a couplc showed up anyway, IJcrorc thc Illl1cral Jackic was as calm and nice as pie, shc worc a black veillikc Jackie KCIlJlcdy, Not Il tCllr drop lor the cntirc tilllc. I askcd hcr if shc was medicated, she said no, "I want to rcmcmbcr all of this, and don't want to miss anything." My brothcr Tom was giving her financial advicc in the limousinc on thc way to thc grave site, Cathy and Jan werc on either side trying to consolc her, Jackie remained unmovcd, She staycd cool calm and collcctivc throughout thc cntirc, nearly thrce month, ordcal. This wasn't enough tor Jackie's satisfaction. She called me up and said that Ken would want me to have his guitar. (Wc would play togcther in his basement when I visited and stayed over night), I drove 110 miles again to pick up the guitar and console her loss, She pulled out a shoe box filled with photos and displaycd thcm to me claiming how Ken never would have had the courage to pursue scuba diving if it wasn't for her. She said how it was her bravery and encouragement that madc Ken what hc was, He was really not very confident without her, she claimed, over and ovcr. The truth is that in reality Ken would have agreed to this, and even to the rest of the world he would have nonchalantly given her any and all credit. Ken was strong and quiet like my mom, but very discerning as well. Our father was so proud when Ken announced hc had become a Steelton police otl1cer. Area police departments would call upon Ken to extract confessions from their suspects, He had an amazing ability to touch people so that wanted to talk to him voluntarily telling it all. He told me acquired this ability from our dad, He talked a serial killer otl' a rooftop and convinced him to confess to multiple cold calculated murders. He loved his job, When Jackie called me to Highspire to pick up the guitar, evidently she felt a need to cause me more pain, I'm still not sure why, so she attacked Ken's dignity and alleged how she had discovered a pornographic video tape in Ken's apartment, (where he lived after he left her), when she and our mother's brother from Harrisburg, i,e" uncle Jim went to empty out the contents orit, after I had declined the invitation to do the work. I had been driving back and forth for 10 or more consecutive weeks I 10 miles each way, She said I could have Ken's snake skin boots as well as the guitar. She offered me some of his clothes. I asked for one additional thing. Something from the police force to remind me of him, I have a Steelton Police jacket patch and a couple pictures. Ken's guitar had a 6 _._-.~". ~_._--" .----...-------- crack all .dong the cntirc body of it when shc gave it to me, I ncver noticed it whcn Ken and I had playcd it before in his basemcnt. I told hcr of my conccrn fIll' the lack of prolessional ellhrt to savc my brothcr and of the exccssivc drugs and statrinlcctionlike bactcria which shc agrecd was just ncgligcncc in caring lor him, Shc produccd somc hospital bills and indicated by displaying to me thc papcr and pointing out that thc drugs thcy used cost morc than thc rcst of the chargcs for thc hospitalization combincd, I asked if shc would consent and sign the IlmlJ lor me to obtain the hospital rccords, so that I could rcvicw thcm for possiblc crrors. She assented verbally without hesitation, I went to the hospital several timcs and finally, atter several diversions, obtaincd the consent forms, She said to me, "( hope I didn't make any decisions or do anything to hurt him." I mailcd hcr the torms completely tillcd out, and called her, She agrced to provide the signature, I called again, she said, "oh their on the kitchen table, I just haven't signcd it yet. I will," I was beginning to bccome concerned with all the previous evcnts and did some tcchnical research on the Internet to educate myself on pancreatic attacks, And later spoke to a couple medical school graduates, Things were becoming more and more clear. I tiled a paper on my own, It was defcnded on Civil Proceedure I 2(b)6 at1irmative defenses etc. referencing to technical grounds that circumvented me as principal agent on my brother's behalf Jackie call cd my brother Tom and told him to pressure me. He did this. I refused to relent to this now illuminating truth, My reading of the law tells me that in order to remove Jackie as a barrier I need to charge her with a crime, This is a problem which I need to address. I will tile this paper with the Bureau of Professional Affairs in Pennsylvania, and with the Honorable Court as well. ------------------------------------------------------------------------------------------------ Please review my application to allow further evidence to sustain the complaints, maintaining for hearing on the merits, and to rclile the case as suggested by the American Medical Association investigator, as a "Quality of Care" Case. There is an additional witness to be added, her name is Lois Jean Cole, she resides in Burlington, NJ, Ms Cole had subsequent to my previous tiling indicated to me that Jackie I (Artley) Tindal, made numerous personal phone calls and conversations where Jackie I. Artley Tindal made various incriminating statements as to her guilty acts of coercion to hospital employees and with Dr, Whitney -- to bump Ken's medications to dangerous levels of intoxication and unconsciousness, and to permit her total control over treatments, which ultimately killed him before his natural term of life was fulfilled, as being justified, Lois asked Jackie if she was concerned about Ken hurting himself in the hospital with the drugs in him, i.e., falling out of bed (Lois nursed her father back from acute pancreatitis and prognosis of certain death due to chronic alcohol abuse -_ that was more than twenty years ago he turned 81 two days ago, on November the 10th; Lois's sister 7 Shirlcy has bccn living with untreatcd pancreatic discase for Icn or morc years because of the nuisance of'trcatmenls --shc has had sevcral attacks), Jackie told Lois don't worry about him f.llling out of bcd, causc he ain't goin nowhere with all the drugs they got in him! Jackic madc other nasty commcnts about alllhe members of Kcn's Iiunily, Le.. t1lthcr and all thc brother's and sister's as bcing mincd by our fillhcr, allcgcd bccausc hc was a watr hcro and terrific man who she claims rcquired too much of cach and evcryonc of us, There is nothing Iilrthcr Irom the truth. We all had a wonder/ill childhood and our parents both, mother and lather denied Ihcmslvcs evcrything for us, My t1lther treatcd Jackie like his would his own daughter's, Le" as one ofthc Tindal Iillnily, This permitted Jackie to help herself to Ken's ninety-thousand dollar lifc insurancc policy in addition to his Policc Retirement benefits and pension for the remainder of her lifc, Further investigation is necessary to gather information from conversations between Jackie I. Artley Tindal, and the Priest who conducted the funeral services, in which, the priest made negativc public comments he stated as derived (urged) from Jackie, with emphasis on lengthy "getting to know Jackie" conversations prior to the funeral, which he stated was something that has never happened be/ore in his experience. My entire family was defamed by the words Jackie coerced and force fed to the priest. Jackie herself being admittedly an atheist without alliance to any form of higher power or allegiance to anyone or anything other than money, walked into the church with the explicit purpose to cajole the Holy Catholic priest into her way of convoluted thought. This was the most disgraceful display of religious condemnation and prejudice imaginable by someone claiming concern for her marriage partner. Why do cops marry nurses? Because they believe they would be cared for in the advent of emergency, The Honorable Chief of Police tor Steelton, PA Kenneth James Tindal (a former alter boy) was described to the friends and family (a full house) Catholic Mass as a person who must have at least done some good because he was a policeman for 25 years (18 years as Chief), The Priest, via Jackie, said Ken was responsible for his own death and that basically Jackie was the victim, This episode followed a lengthy premeditated actus reus and mens rea to cause a long slow painful and distressful death, Initially I was reluctant to prosecute Ken's killer's, but now there is little doubt that justice can only be served by exposing the tmth. Certainly Ken would not want Jackie to go to jail, and neither would I. But, she needs treatment for this /law and the errors in her character. What she has deprived other's of was of no value to her. I have a phone message tape where she is accusing me of filing charges for money as the objective or subjective intent. She said that "your brother would turn over in his grave if he knew this", I live in Michigan and have passed through Pa several times, When I visit my brother's grave site, it's one of the few without flowers, only cobwebs. Not long after Ken died I asked Jackie for directions to the site. She said, "oh I go all the time and it's a long ways from here, oh well it's not really such a long ways from here,"she said, But she couldn't give me directions, She said they made a mistake in spelling of the name on the grave marker and she has to get it changed. To my knowledge, there was no error, and have I visited several times and have photo evidence of cobwebs, and no sign of any 8 1, r~ I' ,} " Ii !\ II ji I visitation olher than myseIr Jackic told us wc could havc the body berricd c10scr to us if we wantcd. She said she going to bc creamatcd, If! sue and win I don't wanl a dimc tor myseIr But I have brother's and sister's who were dupcd and delitmed. while sbc extortcd moncy lI'om Kcn's pension and lite insurance policy, $90,000, Kcnlold ntc about thc policy, lIe also said that he was thinking about shifiing half to his brothcr's and sister's, which is here nor there. but it docs indicate his desirc to distance himsclf somcwhat from Jackic, Ken was an outstanding man and shortly after he was killed. my brother Tom said Ken had applied for a position with thc state subscquent to his dcath, a was presented with an opportunity in government law cnforccment employment, which would have indeed all undoubtcdly restored a dignity which he felt was diminishcd due to an unfortunate act, which not unlike our own honorable President George W, Bush. caused him pain and some ridicule within, Dr. Jonathan Whitney and Jackie l. Artley Tindal and the Holy Spirit nursing Staff all played a significant part in the untimcly death of Kenneth Jamcs Tindal, bccause of the poor 'Quality of Care' and the obviously calculated euthanasia of my brother. Thc facts indicate that my brother's non-lifc-threatening condition was worsen cd by the substandard treatment. They further complicated his illness with bacteria after reducing his vital signs and natural resistance to combat any diseasc with excessive narcotics rendering him unconscious so that they might profit and have their way with him and the insurance carriers, these elements of Ken's death were not eXplained on the death certificate. Jackie was celebrating her pot of gold with staff nurses only minutes after Ken expired and thecertainty offruitful retirement money hit her pocket book, Then she proceed to torture me with her method of continued abuse and cajoling of the tmth, The AMA offered to give me a complete explanation for my brothers death in trade for closure, After much time had passed, they supplied me with no report of any value, they forwarded only a form letter requesting that I dismiss the case. In sum, I need to retile for "Quality of Care" violations, adding Jackie I Artley Tindal, and Holy Spirit Hospital to Jonathan Whitney as defendants. But for their interference Ken would still be here and most likely employed at doing what he loved. There are many witnesses to depose and interrogatories to be exchanged for discovery, And perhaps the body needs to be exhumed for cause-of,death testing, At that point [ will be prepared to continue with the prosecution. Thank you for allowing me to respond, Please contact me if more information is required. Sincerely, _~~().J~ ~ CV""~ S/trytf2.. --cf/l1r - fi~~ /lvly -so;",,:rt'((6;f cc: Prothonatary, Cumberland County Court, Carlislc, P A Pennsylvania Department of Professional Aft'airs [,1V1t?d.fed - ((/(4-[02.... 'F- D:1. 9 Francis 0" Tindal