HomeMy WebLinkAbout00-07081
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-07081 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
STEWART GEORGE E ESTATE OF
VS
CLAREMONT NURSING & REHAB CTR
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
CLAREMONT NURSING AND REHABILITATION CENTER the
DEFENDANT
, at 0009:15 HOURS, on the 18th day of October ,2000
at 375 CLAREMONT DRIVE
CARLISLE, PA 17013
by handing to
NANCY GRIFFIE (HUMAN RESOURCES OFFICER)
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10.00
.00
31. 10
So Answers:
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R. Thomas Kline
10/19/2000
HILDA M. STEWART
Sworn and Subscribed to before
By:
Da.urn J. ~
Deputy Sheriff
me this .;( 3~ day of
(])~ ~ A.D.
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,I1~othonotary ,~
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PETERS & W ASILEFSKI
By: Charles E. Wasilefski, Esquire
Attorney ID #21027
2931 North Front Street
Ernrr~burg, PA 17110
Attorney for Defendant
ESTATE OF GEORGE G.
STEWART,
Plaintiff
IN THE COURT OF COMMON
PLEAS, CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
No: 00-7081 Civil Term
CLAREMONT NURSING AND
REHABILITATION CENTER,
Defendant
JURY TRIAL DEMANDED
AFFIDAVIT OF SERVICE
This is to certifY that I, Charles E. Wasilefski, Esquire, an
attorney in the law offices of Peters & Wasilefski, have served upon Plaintiff, a Rule to
File Complaint by depositing same in the United States mail, first class, postage
prepaid, certified mail #7099 3400 0013 3869 5227. Service has been made as
evidenced by PS Form 3811 attached hereto and marked as Exhibit "A".
Rule mailed 11/03/00 addressed as follows:
Hilda Stewart
1296 Warwick Road
Camp Hill, PA 17011
~~
Charles E. Wasilefski
Sworn and subscribed to before me
this 10 day 0~~'=:l~~'lJi:\.- ,2000.
;\
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~~~~
Notary Public
My commission expires
Notarial Seal
Pamela J. Crum, Notary PubUc
Harrisburg, Dauphin County
My Commission Expires Aug. 24, 2004
Member, pennsyIvanlaAsSOClaliOnolNotarie8
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CERTIFICATE OF SERVICE
This is to certifY that I, Pamela J. Crum, a Legal Assistant in the law
offices of Peters & Wasilefski, have this \~ day ~'~'\JI...-.- ,2000, served a true
and correct copy of the foregoing AFFIDAVIT OF SERVICE upon all parties by depositing same
in the United States mail, first class, postage prepaid, addressed to the counsel of record as
follows:
Hilda M. Stewart
1296 Warwick Road
Camp Hill, PA 17011
~~~~
Pamela J. Crum
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY/OF CUMBERLAND COUNTY:
Please list the within matter for the next:
o Pre-Trial Argument Court
JQO Argument Court
CAPTION OF CASE
(entire caption must be stated in full)
DEANNA K. COLLINS, Ad litem for the ESTATE OF
GEORGE G. STEWART
(plaintiff)
vs.
CLAREMONT NURSING AND REHABILITATION CENTER
(Defendant)
vs.
,
No. 7081
Civil
2000
~xxxx
1. State matter to be argued (i. e., plaintiffs motion for new trial,
defendant's demurrer to complaint, etc.):
Preliminary Objections of Defendant, ~latemont Nursing 'and Rehabilitation Center
2. Identify counsel who will argue case:
Deanna K. Collins, 46 Willow Street, Highspire, PA 17034
Ca) for plaintiff:
Cb) for defendant: Charles E. Wasilefski, Esquire
2931 North Front St., Harrisburg, PA 17110
3. I will notify all parties in writing within two days that tIris case has been
listed for argument._
&lA2
(Attorney for Defendant )
Dated: December 5, 2000
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IN THE COURT OF COMMON PLEAS FOR
'CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION-LAW
NO, 00-7081 Civil Term
HILDA B. STEWART-EXECUTRIX
OF THE ESTATE OF GEORGE G. STEWART
AND DEANNA K. COLLINS..,.Plaintiffs In
VS
CLAREMONT NURSING AND REHABILITATION
AlVIENDED
FOR (1)
AND (2)
COMPLAINT OF DEC. 12,2000
lVIEDICAL NEGLIGENCE
WRONGFUL DEATH
CENTER,CARLISLE,PA......Defendant
AFFADAVIT OF SERVICE
This is to certify that I,HILDA B. STEWART(EXECUTRIX) and I,DEANNA
K. COLLINS....Plaintiffs In Pro Per for the ESTATE OF GEORGE G. STEWART
Served upon Defendant, CLAREMONT NURSING AND REHABILITATION CENTER of
Carlisle,Pennsylvania via Defendant's ATTORNEY of Counsel,
CHARLES E. WASILEFSKI,Esq.
2931 North Front Street
Harrisburg,Pennsylvania
a Certified True Copy of the COMPLAINT and SUMMONS (12/12/2000)
via Certified Mail with Return Receipt as verified below by copy.
='~k!tf:E:
EXECUTRIX
Plaintiffs In Pro Per for the ESTATE OF
GEORGE G. STEWART J:l13/(')tW'tI
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY/OF CUMBERLAND COUNTY:
Please list the within matter for the next:
o Pre-Trial Argument Court
IiQd Argument Court
CAPTION OF CASE
(entire caption must be stated in full)
ESTATE OF GEORGE G. STEWART
(plaintiff)
vs.
CLAREMONT NURSING AND REHABILITATION CENTER
(Defendant)
vs.
,
No. 7081
Civil
2000
J!:!j:xxxx
1. State matter to be argued (i. e., plaintiffs motion for new trial,
defendant's demurrer to complaint, etc.): ,
Preliminary Objections of Defendant to Plaintiff's Second Amended Complaint
2.
Identify counsel who will argue case:
Deanna K. Collins
46 Willow St., Highspire, PA 17034
(a) for plaintiff:
(b) for defendant: Charles E. Wasilefski, Esquire
2931 N. Front St., Harrisburg, PA 17110
3. I will notify all parties in writing within two days that this case has been
listed for argument._
(Attorney for Defendant
C!ikA
Dated: January 11, 200m
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DEANNA K. COLLINS- Trustee Ad lite.n
for the ESTATE OF GEORGE G. STEWART
Plaintiff
IN THE COURT OF CO~~N PLEAS
FOR CU~BERLAND COUNTY,
PENNSYLVANIA
vs.
NO: 00-7081 Civil Ter~
CIVIL ACTION-LAW
****
CLARE~ONT NURSING AND REHABILITATION CENTER
Defendant
DEeM AND JURY TRIAL
AFFADAVIT OF SERVICE
~:' **--If-* ~~,
AFFADAVIT OF SERVICE
I,DEN1NA K. COLLINS (Plaintiff) , for the Estate of GEORGE G. STEWART,
SERVED upon CLARE~ONT NURSING AND REHABILITATION CENTER(Defendant)
via legal counsel: CHARLES E. WASILEFSKI,Esq.
c/o 2931 North Front Street
Harrisburg,Pennsylvania 17110
a Certified 5flf>y of the recently AMENDED CO~ PLAINT for
(1) ftlEDICAL NEGLIGENCE and (2) WRONGFUL DEATH dated IhAfJ,e,1/ /b;J dOTJI
YOUR Client is being sued in the Court in the Am ount of:
$ a..!JO) tJ(JO for JUDGEJlt!ENT in this case.
YOUR Response to this Action is
to this Court within:
above 1'1\ entioned COM plaint and
requested by sub'" i tting an ANSWER
;t D Days of 5 ervice of this
attached Letter of SU/1thl ons.
Also send a COPY of YOUR ANSWER to the legal counsel for Plaintiff:
DEANNA K. COLLINS
46 Willow Street
Highspire,Penna. 17034
Signed:
Trustee Ad
Date:
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lite for the Estate-Plaintiff
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY/OF CUMBERLAND COUNTY:
Please list the within matter for the next:
D Pre-Trial Argument Court
W Argument Court
CAPTION OF CASE
(entire caption must be stated in full)
Estate of George Stewart
(plaintiff)
vs.
Claremont Nursing and Rehabilitation Center
(Defendant)
vs.
.
No.
7081
Civil
Term
1. State matter to be argued (i. e., plaintiffs motion for new trial,
defendant's demurrer to complaint, etc.):
Defendant's Motion for Judgment on the Pleadings
2. Identify counsel who will argue case: Deanna K. Collins
46 Willow Street
(a) for plaintiff: Highspire, PA 17034
(b) for defendant: Charles' E. Wasilefski, Esquire
2931 North Front Street
Harrisburg, PA 17110-1250
3. I will notify all parties in writing within two days that this case has been
listed for argument. _
(Attorney for
Dated: May 18, 2004
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~ ESTATE OF GEORGE G. STEWART
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CLAREMONT NURSING AND REHABILITATION CENTER
CIVIL ACTION-LAW
Defendant
NO: 00-7081 CIVIL TERM
PLAINTIFF'S BRIEF FOR ARGUMENT HEARING:June 25.2001
RE: Preliminary Objections of Defendant,CLAREMONT NURSING AND REHABILITATION CENTER,
To Plaintiff's SECOND AMENDED COMPLAINT
PROCEDURAL HISTORY
This Action was commenced by the filing of a praecipe for writ of summons on
October 13,2000. This praecipe writ of summons is captioned:
Plaintiff:"ESTATE OF GEORGE G. STEWART
VS. CLAREMONT NURSING AND REHABILITATION
CENTER-Defendant." HILDA B. STEWART(wife of decedent) has her signature and
p, address on this document.
A Complaint was first filed on November 20,2000. A FIRST(l) AMENDED COMPLAINT was
filed on November 27,2000. On both of these cornplaints~DEANNA K. COLLINS-Trustee Ad litem
"
for the ESTATE OF GEORGE G. STEWART is listed as the Plaintiff.
Defendant,CLAREMONT et al, filed Preliminary Objections to FIRST(l) AMENDED COMPLAINT
on December 6,2000.
On December 13,2000,Plaintiff(COLLINS) filed a SECOND(2) AMENDED COMPLAINT with the
following caption: "HILDA B. STEWART-EXECUTRIX OF THE ESTATE OF GEORGE G. STEWART
And DEANNA K. COLLINS--Plaintiffs In Pro Per
VS.
CLAREMONT NURSING AND REHABILITATION CENTER
Defendant "
P
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Again Defendant,(CLAREMONT), filed Preliminary Objections....this time to the
January 11,2001.
SECOND AMENDED COMPLAINT.
Briefs were submitted and Argument was heard on February 14,2001
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~ased on lack of evidence at the time of the February 14,2001 Argument Hearing on this
issue of a change in personal representative for the Estate of GEORGE G. STEWART in
regard to Defendant(CLAREMONT'S) Preliminary Objections to the SECOND(2) AMENDED COMPLAINT,
a COURT ORDER was made to help facilitate a development of necessary records to make a
proper court decision for either party in this case.
Df ,
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DEFENDANT. CLAREMONT NURSING AND REHABILITATION CENTER'S,...
PRELIMINARY OBJECTIONS TO SECOND(2) AMENDED COMPLAINT:
1.. First Preliminarv Obiection of Defendant:
****MOTION TO STRIKE the reference to DEANNA K. COLLINS as an additional plaintiff
in the caption and throughout the entire complaint. Defendant argues that an additional
plaintiff may not be added after the expiration date of the applicable statute of limitations.
Defendant argues date of statute of limitations is November 7,1998,the date of the
~alledged incidents.
2. Second Prelirninarv Obiection of Defendant:
****MOTION TO DISQUALIFY MS. COLLINS FROM REPRESENTING THE ESTATE OF
GEORGE G. STEWART on the following basis: (a) Ms. Collins is not a legal party of this
case. Ms. Collins lacks legal standing and capacity.
(b) Ms. Collins is not a licensed attorney of this State.
Therefore,Ms. Collins is engaging in the "Unlawful practice of Law.":.....
according to this defendant.
This Plaintiff.DEANNA K. COLLINS,disputes all of the Preliminary Objections of
Defendant,CLAREMONT NURSING AND REHABILITATION CENTER, and is submitting the following
Brief for ARGUMENT HEARING set for June 25,2001........ SEE pages 3 thru 5
ARGUMENT BRIEF (attachpd)
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PLAINTTFF I S BRTRF fnr ARf:1TMRNT HRARTNC:. .Tllnp. ? I) t ?()()1
1. DEFINITION of "ESTATE" in regard to GEORGE G. STEWART(Decedent)
******THE RIGHT,TITLE,and Interest a person has in real or personal property, either
Tangible or Intangi~!~....THE
Therefore,a DECEDENT'S ESTATE
WHOLE VALUE of all property left by a DECEDENT.
is the
ESSENCE of a deceased person.... THE REMAINDER OF
THE DECEDENT ,...that Requires a Personal Representative to be in charge in the
absence of the physical personage of said estate.. The Personal Representative is the
designated
decedent.
"CARETAKER" of the
f3 '1'H; B ir- J
Estate to manage all affairs in absence of the
2. THe DATE OF LEGAL APPOINTMENT OF FIRST(l) PERSONAL REPRESENTATIVE:HILDA B. STEWART(wife
of Decedent) MAY 26,1999....this opened the Estate giving it the right to pursue
,
all lawsuits for said estate. ("pC;}, ct,1^I11I far (;e."r'l( q, .srUUfLrr..~~
6t/f16/f- ~
3.The Date of filing of Praecipe for Writ of Summons for the ESTATE OF GEORGE G. STEWART
October 13,2000. SAID PLAINTIFF was stated"ESTATE OF GEORGE G. STEWART" in the caption
4C)and Hilda B. Stewart(wife) had her signature and address on this document. Hilda B. Stewart
at this time was the designated personal representative of this said estate. .
;;'Xfl/811~.J
4. Date of RENUNCIATION of HILDA B. STEWART(wife-Executrix) November 7,2000.
mentioning that DEANNA K. COLLINS was to be the newly designated Executrix-Personal
Representative of said estate. Documents of RENUNCIATION of all other heirs of said
estate that were submitted to the Courts to appoint Ms. Collins
representative.
as new personal
. .
EX.f/I!3II- '-I-
5.NOtarized Statements of heirs of said estate to properly establish iltte.. Df
~ISCOYE~Y which is necessary to set time for Statutes of Limitations in this case
and all other lawsuits regarding this estate of GEORGE G. STEWART in regard to his
untimely death.j~frQ.,c.1>At~ tiP JJ/SCdJllay tJov./4, ',!,!Q. f3.xfj/B/r:-~
6. Copy of First(l) page of Original Complaint filed against Defendant,CLAREMONT NURSING
, ,
AND REHABILITATION CENTER date:November 20,2000. by DEANNA K. COLLINS. ExJI//3ff-6
~7. Copy of First(l) page
(DEANN~ K. COLLINS)
of First Amended Complaint by Plaintiff dated: November 27,2000.
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C::S.copy of First page of SECOND AMENDED(2)
(date: December 13,2000'
Complaint with the following caption:
c)<,;d/8/T:B
HILDA B. STEWART-EXECUTRIX of the
ESTATE OF GEORGE G. STEWART
AND
CLAREMONT NURSING AND
REHABILITATION CENTER
Defendant
DEANNA K. COLLINS-Plaintiffs In Pro Per
VS.
9. Copy of "20 DAY RULE TO FILE" from Defendant,CLAREMONT et all, legal counsel to
HILDA B. STEWART in response to her signed praecipe for writ of summons.
cx/flg/r- '1
10. Document --SHORT CERTIFICATE---Appointing DEANNA K. COLLINS the new EXECUTRIX of the
ESTATE OF GEORGE G. STEWART date: MARCH 5,2001. 6)(. ftI8:('-/D
,*/PLAINTIFF'S ARGUMENT AGAINST DEFENDANT'S Preliminary Objections of Plaintiff's
'SECOND AMENDED COMPLAINT as follows:
(a) "MOTION TO STRIKE ALL REFERENCES TO DEANNA K. COLLINS in the caption and
~hrOUghout the entire complaint: ~
DEANNA K. COLLINS is the newly appointed EXECUTRIX for the ESTATE of GEORGE G. STEWART
Therefore, MS. COLLINS has legal authority and proper standing/capacity to maintain this
lawsuit against CLAREMONT NURSING AND REHABILITATION CENTER.
(b) "MOTION TO DISQUALIFY MS. COLLINS FOM REPRESENTING this said estate:
Plaintiff Srtt-Te.-S NO
-
MS. COLLINS is the appointed legal personal representative for the ESTATE OF
1. Deanna K. Collins was appointed the new EXECUTRIX
on MARCH 5,2001.
2. Ms. Collins has the knowledge and ability to
pursue this lawsuit inspite of the fact she is not a licensed attorney in this state.
GEORGE G. STEWART......
A Personal Representative of an estate acting as the Plaintiff has the legal right to
be a PRO SE LITIGANT, especially if a majority of the other'heirs are in agreement of such.
3. AN ESTATE has the right to decide who will be
its personal representative and who its legal counsel will be. This is the heirs
priviledge to elect said persons if the original party designated by the decedent within
~ will declines to administer the affairs of the estate.
4. This ESTATE of GEORGE G. STEWART would be without anyone
appointed as a Personal Representative/or Legal Counsel without Ms. Collins in the
position other heirs have assigned to her.
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Therefore,with regard to Defendant,CLAREMONT NURSING AND REHABILITATION CENTER'S,
Preliminary Objection$~
Plaintiff,DEANNA K. COLLINS, wishes to dispute all Preliminary Objections and will
prove to this court that:
1. DEANNA K. COLLINS is the newly appointed EXECUTRIX for the ESTATE OF GEORGE G. STEWART
as of MARCH 5,2001.
2. Ms. Collins and Hilda B. Stewart(wife-former Executrix) will present all
documents to facilitate records of a change in personal representative for
necessary
said
estate.
3. Ms. Collins and Hilda B. Stewart will dispute with verbal argument that Deanna K. Collins
is the party designated to have the !~gal standing and capacity to bring this and all
~ lawsuits pertaining to the untimely death of Mr. Stewart for his estate(The ESTATE OF
GEORGE G. STEWART).
4. Both Ms. Collins and Hilda B. Stewart will dispute the Preliminary Objection
to Disqualify Ms. Collins from representing this said estate in this legal action against
Claremont Nursing and Rehabilitation Center. (Both from a Moral standpoint and Legally.)
Signed:~ ~
Date: ~/g-,am/
Executrix(Trustee Ad litem for the
ESTATE OF GEORGE G. STEWART)
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WHEREAS, on
dated February
was admitted to
the 26th
10th 1992
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Register of Wills of CUMBERLAND County, Pennsylvania
Certificate of Grant of Letters
No. 1999-00504 PA No. 2199-0504
ESTATE OF STEWART GEORGE G
\LA~~, rlH~~, rolUUL~)
,
Late of
LOWER ALLEN TOWNSHIP
~uro~~HLANU ~UUN~~,
,
Deceased
Social
day
Security
of May
No. 176-10-9149
1999 an instrument
probate as the last will of STEWART GEORGE G
(LA~~, rlH~~, rolUUL~)
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late of LOWER ALLEN TOWNSHIP
9th day of November 1998 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, MARY C. LEWIS , Register of Wills in and for
the County of CUMBERLAND in the Commonwealth of Pennsylvania, hereby certify
that I have this day granted Letters TESTAMENTARY
to HILDA STEWART
,
CUMBERLAND County, who died on the
who has duly qualified as Executor(rix)
and has agreed to administer the estate according to law, all of which fully
appears of record in my Office at CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYLVANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my Office the 26th day of May 1999.
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**NOTE** ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE)
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LAST WILL AND TESTAMENT
OF
GEORGE G. STEWART
I, George G. Stewart, of Camp Hill, Cumberland County,
Pennsylvania, being of sound mind, memory and understanding, do
make and publish this, my Last Will and Testament, hereby
revoking all wills and codicils by me at any time heretofore
made.
ITEM 1:
I direct my Executrix hereinafter named, to pay
the expenses of my last illness and funeral expenses from the
property passing under this Will as an expense and cost of
() administering my estate.
ITEM 2:
All expenses of administering my estate and all
inheritance, estate and succession taxes, including interest and
penalties payable by reason of my death, which may be assessed or
imposed with respect to my estate, or any part thereof,
wheresoever situate, whether or not passing under my Will,
including the taxable value of all policies of insurance on my
life and of all transfers, powers, rights or interests includible
in my estate for the purposes of such taxes and duties, shall be
paid out of my residuary estate as an expense of administering
and with apportionment, and shall not be prorated or charged
against any other gifts in this Will or against property not
passing under this Will.
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ITEM 3:
In the event that, at the time of my death, I am
joint owner, co-owner, or owner of any real estate, bank account,
government bond, security or instrument of indebtedness (whether
issued by a private corporation, a government, a governmental
agency, or an individual) or any similar property which is
registered or issued in my name and that of another person or
persons as tenants by, the entirety or as joint tenants with right
of survivorship, or which is shown in writing to be payable to
either the co-owner or named survivor on my death, I give,
bequeath, and devise, absolutely and forever, all my right, title
and interest in any such property to the surviving joint owner or
co-owner thereof or to the other survivor apparently entitled
thereto upon my death. It is my understanding that my right,
title and interest in any such property will, by operation of law
upon my death, vest or pass to such surviving joint owner or co-
owner thereof or to the other survivors apparently entitled
thereto. Nevertheless, I make these provisions in order to
eliminate any doubt or question as to the right of any such
surviving joint owner or co-owner or other person apparently
entitled thereto to succeed to full possession and ownership of
such property upon my death, and to provide for the possible
contingency of an ineffective attempt to create a joint tenancy
or estate by the entirety.
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ITEM 4:
I give, devise and bequeath unto my beloved wife,
Hilda B. Stewart, a/k/a Hilda M. Stewart, the rest, residue and
remainder of my estate, real, personal and mixed, whatsoever
nature and kind and wheresoever situate.
ITEM 5:
In the event that my wife has predeceased me, I
direct my Contingent Executor to liquidate all the assets and
distribute the rest, residue and remainder of my estate as
follows:
a. 40% to my son Carey K. Stewart. If he
predeceases me, then his share shall go to his two children,
Karen C. Stewart and Christopher R. Stewart, in equal shares;
o
b. 40% to my daughter, Deanna Collins. If she
predeceases me, then her share shall go to her son, David A.
Thumma;
c. 6% to Karen C. Stewart;
d. 6% to Christopher R. Stewart;
e.
6% to David A. Thumma; and
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2% to Christine E. Thumma.( /}l.Jl.17~,!,>r;J
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ITEM 6:
In the event any beneficiary and I die under such
circumstances that the order of our deaths cannot'be established
by proof, it shall be conclusively determined for all purposes of
this Will that I survived the beneficiary.
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ITEM 7:
I hereby nominate, constitute and appoint my wife,
Hilda B. Stewart, a/k/a Hilda M. Stewart, of Camp Hill,
pennsylvania, to be my Executrix of this my Last Will and
Testament.
ITEM 8:
I hereby nominate, constitute and appoint Richard
S. Friedman, Esquire, of Harrisburg, Pennsylvania to be my
contingent Executor of this my Last Will and Testament.
itnn
IN WITNESS WHEREOF, I have signed this Will on this ~
day of' h-bt Ut.1y
, 1992. For identification I have
signed the foregoing three (3) pages of this Will which consists
of four (4) pages.
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TESTATORU ~~ 'r
f/p - Wills\GStewart.WIL
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SIGNED, sealed, published and declared by George G. Stewart,
the above-named Testator, as and for his Last Will and Testament,
in the presence of us, who, at his request, in his presence and
in the presence of each other, have hereunto subscribed our names
as witnesses.
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA :
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SS.
COUNTY OF DAUPHIN
On this, the lor" day of
Fc-hruo.ry
, 1992, before
me, a Notary Public, the undersigned officer, personally appeared
George G. Stewart, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the attached or foregoing
instrument, acknowledged that he signed and executed the
instrument as his Last Will; that he signed it willingly; and
that he signed it as his free and voluntary act for the purposes
therein expressed.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
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... Notarial Seal
Arthur L Rhoads, No'.ary PuM"
North Middlelon Twp., Cumbenand County I,
My Commission Expires Jan. 10, 1994 I'
Mernoo-. Pennsylvania Associat1Jn of Nowrif'S
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
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and C./.l/"'~V {', He.." , the
witnesses whose names are subscribed to the attached or foregoing
instrument, being duly qualified according to law, do depose and
say that we were present and saw the Testator sign and execute
the instrument as his Last Will; that he signed it willingly and
that he executed it as his free and voluntary act for the
e-
purposes therein expressed; that each of us in the hearing and
sight of the Testator signed the Will as witnesses; and that to
the best of our knowledge the Testator was at that time 18 or
more years of age, of sound mind and under no constraint or undue
influence.
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WIT,NeSS
C~, 'Wr"T
WM>NESS
SWORN and subscribed to
before me, this /orl day
of Fe-br4e'y , 1992.
cuQ. -J- /ZLL
Notary Public
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Notarla! Seal
Ar1hur L Rhoa<:ls, Nota!)' PUbrIC
North Middleton TV/p., Cumberland CounIy
My Commission Expires Jan. 10, 1994
Member, Penn.sylvania Associat:on of Notaries
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Commonwealth of Pennsylvania
County of Cumberland
Estate of Geo~~e G. Stewa~t
1~96 Warvic~ Road
Camp Hi~l PA 17011
COUtl "I COllllllOll PI_
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375 Cla~emQht Drive
Carli.le PA 17013
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RENUNCIATION OF EXECUTORSHIP
No! ()j - 11 ~ 504
TO, REGISTER OF WILLS/ ORPHAN'S COURT
FOR CU~mERLAND COUNTY,PENNSYLVANIA
1 Courthouse Square,Carlisle
:M/. kW'
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I, 7f.,:/d!a.- If;. V ~ ~
(Hilda B. Stewart) Executoress
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for the ESTATE OF GEORGE G. STEWART formerly of,
1296 Warwick Road
Camp Hill,Pennsylvania,17011
RENUNCIATE my position' as said Executoress of the above Estate............
.eing of sound mind delegating the title of m<<:;.'7<< ~ !;1e/J'} for the
ESTATE OF GEORGE G. STEWART Mentioned above, to his daughter,
DEANNA K. COLLINS { S1?l' Coil ;",uJ PER ADVISED LEGAL COUNSEL OF'
RICHARD s. FRIEDMAN,ESQ.
TODD GETCHEN,ESQ, for
OF HARRISBURG( Contingent Executor the firm of SCHMIDT & RONCA
of the above Estate. ).J'iQ...5j:~~ & KRAMER of Harrisburg,Penna.
by this party is necessar~.
I also GRANT to DEANNA K. COLLINS POWER OF ATTORNEY TO HANDLE THres~N.5U~~~
This Action to to be effective IMMEDIATELY UPON THE 7ffJ rl)~z/ i"i'-h'-O
DOCU~mNT ......signed and notarized by both parties mentioned above.......
the former and the newly appointed Executoress of said Estate.
~dcZ...1S..u~~
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,~ME'
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, NOTARIAL SEAL .
\ MICHAEL R. CARANCl. Notary Public
Camp Hill Boro. cumberland County
My Commission Expires Jun~,~5, 2Q02
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RENUNCIATION
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In Re Estate of
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To the Register of Wills of /~ J~{ (,M<-c!
County, Pennsyh
The undersigned 7-J dL'cv Ii ~I// ~
the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that L,
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be issued to
hand this ~ day of 7l1J'1/{111.ld-z.; 19 .J 61!t>
WITNESS
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(Signature)
(Address)
(Signature)
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RENUNCIATION
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C (j IJ1fiE,e/ 11-11 d
the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters
/f7Z( ~~
, be issued to " C. /J!/t . (!?J( -d-S, diV<..,te.ffz.e <' d.f2cJ!.Pu.,,'l.z)
(}./.t:t1lJ2.~ tlu/...tU'4 // d, L~;!J{ 1!1hL-'J(/;.ydJ~ 'It- . . .
WITNE ,,-??A4/. ./ - handthis.o?6' daYOf;z;,j,"W7.~.;;:,:,o:;l.
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In Re Estate of ;fu ~ ,e
To the Register of Wills of
The undersigned ~J2C-Ij,V~ ~
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Fay 1. Bickhart, NtitaIJ' Public
Ounp HiD BolO., Cutnbtiiland County
I My commission ""Pi~ FOb. 19. 20041
deceased,
County. Pennsylvania,
( r5-f.-.EC~ r~/ i )_ of
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(Signature)
(Address)
(Signature)
(Address)
(Signature)
(Address)
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RENUNCIATION
In Re Estate of
To the Register of Wills of CUv1')') W~/li-e'N' j
The undersigned
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deceased.
County, Pennsylvania.
of
the above deced~t, ~,?ebY ren?unc~s) th~~ht ~o ~~s~~r the estate and respectfully ask(s) that Letters
a (f./JrJ...-? . l/ 'A.(AjJ-.1{)" "",
WITNESS
B
day of ~~hI t UL.; 9~(<? c)
hand this
(Signature)
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(Address)
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(Signature)
(Address)
(Signature)
(Address)
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In Re Estate of
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RENUNCIATION
(iEOf( fi~ G. S7L(UAl?1:
(:U aJJ~lljl1-11 d
deceased.
To the Register of Wills of
The undersigned X
County, Pennsylvania.
0:;a
of
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be issued to
the above decedent, hereby renounce( the right to administer the estate. and respectfully ask(s) that Letters
;2tlnu~A~~
DUNAJ//- K 0~(1;;Ys-
,
WITNESS
Jf;s
15 day of ,:fU1JJJ. m /9.0 I
:..{J,~_.
hand this
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(Si alure)
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CaUl'/l: Younghlood, t;Oi:::fl! P~:b~:.~
Camp Hill [3:010, Cumt:-ei1c:::.nd Cc~r~!y
My CommissIon Expires June 22. 2602
Member, Penn~ivania Assocfatian 01 f-.:o'ESs
td-Il ~JWJthiGrnl1tU Otmolh,{h nO/,#
(Address) , .
(Signalure)
(Address)
(Signature)
(Address)
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REGISTER OF WILLS ~RPHAN'B COURT
OF CUMBERLAND COINTY,PENNSYLVANIA
ESTATE OF GEORGE G. STEWART NO: 21-99-504
'rhe undersigned,,%: d~~ --o-!t~ (Grandson) of
the above Decedent,hereby RENUNCIATES the right to ADMINISTER THE
ESTATE AND HEREBY RESPECTFULLY REQUESTS THAT LETTERS OF ADMINISTRATION
BE ISSUED TO 7)fltNNA- K~ CgI;;~--i
/~-d-
NITNESS~ hans this
day
oh
2001.
Please Grant Title of TRUSTEE Ad litem to DEANNA K. COLLINS
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NarARlAL SEAL
c:.Y I. Bickhart, Notary PubUc
p fiIlI. ~IO.. Cumberland Coanly
My ClllII1/lIilllllll "'Pires Feb. 1',2004
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JI 0 /i'I:YVt/ A/e/ -1Il 0 AI !
December 22, 2000
VIA CERTIFIED MAil, RETURN RECEIPT REQUESTED
Ms. Deanna Kay Collins
46 Willow Street
Highspire, PA 17034
Ms. Collins:
Please be advised that by this letter I, Christine Mazzatesta, am hereby informing you
that I do not desire to have anv contact or communication with you whatsoever,
regardless of the nature or circumstances. Any further attempt by you to contact or
harassment me, whether direcf or~through a third party (i.e. place of employment,
family, friends, church, etc.), will result in criminal charges being initiated against you.
The Harrisburg City Police Department is aware of your harassing, unwelcome visit
which occurred at my place of employment on Friday, December 8, 2000 regarding an
alleged legal matter involving the Will and Estate of George G. Stewart. This
harassment incident has been documented in your police records file.
Consequently, this letter serves as a forewarning to cease and desist any and all
attempted communication with, or harassment toward, me, my family, and all other
parties associated with me, or appropriate criminal, civil and/or legal action will be taken
to stop such activities.
Sincerely,
Christine Mazzatesta
cc: Harrisburg City Police Department
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Plaintiff in Pro Per
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAvr
No: 00-7081 Civil Term
DEANNA K. COLLINS-Trustee ad litem
for the ESTATE OF GEORGE G. STE\vART
vs.
Defendant
COMPLAINT OF WRONGFUL DEATH
AND MEDICAL NEGLIGENCE
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NO V . b{ <9 ;Z ~ (6k~~~ fI;' )
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litem for the ESTATE OF
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CLAREMONT NURSING AND REHABILITATION
CENTER
I,DEANNA K. COLLINS,acting as TRUSTEE ad
GEORGE G. STEJART,REQUESTS THIS COURT TO PROCEED WITH A TRIAL BY JURY
in the above COMPLAINTS OF WRONGFUL DEATH AND MEDICAL NEGLIGENCE
IlliGARDING THE DEATH OF GEORGE G. STEWART who was a former pesident of
the above mentioned nursing home facility, and deceased on November 9,1998
~e to the following allegations:
1. All CLAREMONT ~ruRSING AND REHABILITATION CENTER'S
.
~:
Nursing Staff ....were NEGLIGENT in providing proper care to
GEORGE G. STEWART from the time of entry into this facility and throughout
his very short stay as a resident from November 2,1998 until the early
morning hours of November 8,1998.....after which time this man was
transferred to Carlisle Hospital's Emergency Room.
-
2. The Ad~{S~iQ~ Office of CLAREMONT NURSING AND REHABILITATION CENTER
failed to verify a correct phone number of Mr. Stewart's primary legal
heath advocate-his wife Hilda Stewart on entry into this facility
November 2,1998.
J. The Physicians contracted by this nursing home facility failed to
~rOperlY evaluate or monitor GEORGE G. STEWART'S medical condition
both upon an Initial Physical Exam conducted by this facility on
November 4,1998 and during Mr. Stewart's declining health circumstances
which were'ac~ed upon from the evening of November"7-i1998 until~he
early A.M. (morning) hours of November 8,1998.
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for the ESTATE OF GEORGE G. STE~ART
IN THE COURT OF cor,if'lON PLEAS
OF CD~ffiERLAND COUNTY,
PENNSYLVANIA
DEANNA K. COLLINS-Trustee ad litem
CIVIL ACTION-LAd
No: 00-7081 Civil Term
A-JneND~j)
COMPLAIHT OF VIRONM'U:b?DEAh,:-:
AND ~lEllICAL NEGLI~ENC.:&'
NrI d. 7/ M iJ ~1, ':::~;J.
(JJ:- -l :<J
I,D~Al'1HA K. COLLINS,acting as '"'RUSnE ad litem for the ESTATE~E~. ::::.'~..
GEORGE G. STEiART, rtEQUESTS THIS COURT TO PROCEEDilITH A TRIAL ~,ruR'1 ?~
'/.":,' ~}1 :::-.::.
--
in the above COii[PLAI!\TS 01 ,IRO;JC;?UL D:2:ATH AND "lEDICAL NEGLIGENCE~'
Plaintiff in Pro Per
vs.
CLA:"Ei'lOlJT NUrtSING AND REHABILITATION
C:2NTE:"
Defendant
.;~GARDJjIG TH.!:: DEATH OF GZCHGE G. S'TE:iART who was a former resident of
-
the above mentioned nursing home facility, and deceased on November 9,1998
due to the following allegations:
e 1. All CLAR2MONT i:URSWG AND RErtABILHA'.i'ION CEiJTE;,,'.s
;,ursing Staff ..,. were NEGLIGENT in providing proper care to
G:20RGE G. STE.iART from the time of entry into this facility and throughout
his very short stay as a resident from November 2,1998 until the early
-"
morning hours of November 8,1998.....after which time this man was
transferred to Carlisle Hospital's Emergency Room.
2. The Adm.1S$IiQn~ Office of CLAREr,IONT l\URSn;c AND REHABILITATION CENT:::R
failed to verify a correct phone nUQber of ~tr. Stewart's primary legal
heath advocate-his wife Hilda Stewart on entry into this facility
"ove:nber 2,1998.
J. The Physicians contracted by this nursing home facility failed to
properly evaluate or monitor GEORGE G. STEWART'S medical condition
both upon an Initial Physical Exam conducted by this facility on
Cove:nber 4,1998 and during Mr. Stewart's declining health circumstances
which were acted upon from the evening of November 7,1998 until ~ae
early A.~.(morning) hours of November 8,1998.
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HILDA B. STEWART-EXECUTORIX of the
c: ESTATE OF GEORGE G. STEWART
AND DEANNA K. COLLINS--Plaintiffs In Pro Per
VS.
CLAREMONT NURSING AND REHABILITATION CENTER
Defendant
mUE COpy FROM REeOHD
In T est!mony wi'lere.of, I hefe unto set my t'ol;r;<:l
",: !he <.eai of said Court ;At Cariis!{J. Fa.
Th~s'" ~~}a~oi~~iTlJV
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IN THE COURT OF COlfli~ON PLEAS
FOR CUMBERLAND COltl1TYc!:>
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PENNSYLVANIA ;-,
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CIVIL ACTION-~S: <..:
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NO. 00-7081 C1.V1i.l..,Te:!;:m
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~MMENDED COMPLAI~ ot:. ;~
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MEDICAL NEGLIGENCE AND
WRONGFUL DEATH - ()~: l;;j ,:Y.JIIC.
*DEMAND TRIAL BY JURY
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I,HILDA B. STEWART,and I,DEANNA K. '::OLLINS, acting jointly as Plaintiffs
In Pro Per for the ESTATE OF GEORGE G. STEWART, Requests this court to
proceed with a Trial By Jury regarding a Complaint of two causes of action
4C) (1) MEDICAL NEGLIGENCE and (2) WRONGFUL DEATH for the death of
lf~. GEORGE G. STEWART,who was a former resident of Claremont Nursing and
Rehabilitation Center,of Carlisle,Pennsylvania, who died November 9,1998.
The Plaintiffs of this Estate charge this nursing home facility with the
following allegations.
1.The Admission's Office failed to verify a correct telephone number of
Hilda B. Stewart(wife) the Primary Legal Medical Health Advocate of
brr. Stewart upon admission to this faciltiy......there was no phone number to
reach Mrs. Stewart until this gentleman was in declining health.
(11/7/1998) aprox. 8:25 pm. when this facility had to call Mr. Stewart's
daughter to provide the corrected phone number of Hilda B. Stewart(wife),
The Estate alleges Negligen~...;rmproper admission procedures in the delay
of emergency treatment of Mr. Stewart.
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c.. ursmg Staff was Negligent -failed to ,Provide an ~ni tial NURSING QARE ~
after admission to this faciltiy to ensure the Nursing Needs of this
resident were met -------Especially regarding the HIGH RISK POTENTIAL for
INFECTION of this elderly man who had EMPHYSElf~ at admission.
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0. Claremont Nursing Staff that were to care fOr this man often left
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him unattended in the T.V. Dayroom.....since he was basically independent and
a minimum care resident. The ESTATE Alleges that very little medical or
nursing care was given 1rr. Stewart from 11/2/1998...Admission date to
11/7/1998 when he was beginning to decline in health. This elderly man was a
HIGH RISK for INFECTIONS and should have been monitoDed for the Sy~ptoms
of Pnuemonia which the ESTATE alleges the facility failed to notice any
Symptoms until ~~. Stewart had to be placed on Oxygen and put into bed
at 11/7/1998 aprox. 8'10pm........The facility was Negilgent in(l) Failure
, I
to Ae.alize the .significa~-' in Medical Condition (2) Failure to
Immediately call Hilda B. Stewart (wife) after calling daughter at aprox.
8: 25pm. . . . it was not to be assumed ...:the. o~ligation of Ms. Collins to
intercede in the notifying of Hilda Stewart. Also On several occasions
both Hilda Stewart and Deanna Collins(daughter) telephonedMr. Stewart,..,,'
~ he mentioned he was unattended and sitting in the T.V. Dayroom......this is
noted within the Nursi~g notes. 11/2/1998 aprox. 8:12pm when Hilda Stewart
spoke to her husband and another time on 11/>.1998 aprox. 4pm when
Ms. Collins spoke to her father to tell him he was coming to live with her.
y~. Stewart was also in Dayroom noted 11/3/1998 aprox. 8am. in the nursing
notes. The aides and Nurses on duty often were too busy to properly
observe changes in medical status......this is the allegaaion of the Estate.
I:f.The Physicians contrated by this facility as so called"House Doctors"
failed to properly Evaluate George Stewart's medical condition upon the
facility admission physical given by Dr. Michael Gawles 11/4/1998.
The Estate alleges.......11/2/1998 Nurses'" Note Entry states Dr. Gawles
perscribed medications for lf~. Stewart without first seeing this new
C> resident. Mr. Stewart was later given a physical by Dr. Gawles 11/4/1998
aprox. 11:15am.Dr. Gawles perscribed two(2) Contradictory medications
HALDOL and SINE1\TET..~d't.ui(trul. He also diagnosed Mr. Stewart with
Parkinsons Disease.... .... .which Mr. Stewart never had.n I No CAT-Scan or
testing was done .t;,., ~ AII/<.i;',.,,y tdt~~.E..., { 'J J
&'
. The ~state alleges the new medications prescribed were an assumption of
,..- Mr. Stew:lrt having Parkinsons Disease.
. .
Also...Hilda Stewart(wife) was
C)never told of the medication changes or the fact that Mr. Stewart could
I
have received medical care from his own medical doctor, this was a viol~tion
I
of Mr. Stewart's Patient Rights.
~. It is also noted that on 11/7/1998 aprox. 8.10pm Dr. ~chiro was called
during the Emergency..... .this Physician .:,was,..the"On"Gall'.' physician for
the facility medical group........the Estate alleges this doctor
was Negligent in providing immediate care for Mr. Stewart who was a
HIGH RISK for INFECTIONS. .....this physician failed to visit Mr. Stewart
acting only on the "Hear-say" information of Claremont's Nursing staff
and ~ailed to prescibe antibiotics immediately or admitting Mr. Stewart
to a hospital for further medical attention.
'7. Therefore, the Estate alleges Claremont Nursing home facility Physicians,
4C) Dr. Michael Gawles and Dr. John Schiro were Negligeni7;.in providing proper
medical care for Mr. Stewart from 11/2/1998 to 11/8/1998 aprox. lam.
jeopordising the Health-life safety of George Stewart ~d violating his
Patient Bill of Rights by the facility to provide ~rr. Stewart with care by
his own doctor.....and Notifying ~ilda Stewart(wife) of any new medication
changes.
~, The following Licensed Nursing Staff of Claremont ayted with Medical
Negl~gence during the Emergency Situation beginning on the evening of
11/7/1998 aprox. 8'10pm until 11/8/1998 aprox lam.,
ROSE~~RY DAILEY BATHAVIC,LPN
BARBARA ANN BAER,LPN
MARSHA FORSTER,RN
JEAN WADE,RN
BARBARA ANN BAER,LPN- Charge Nurse and Jean Wade-Jpm shift supervisor failed
111"'"
to realize the immediate significance of declining health of Mr. Stewart
CwhO previously as noted was an Independent ambulatory resident.ll/7/1998
aprox. 8:10pm w~. Stewart had to be put into bed and placed on Oxygen.
noted that ~~. Stewart was loosing his concious
At this time it is also
(i) Th (2) two ~pm to l1pm Nurses were Neglegent in
responsiveness ~ ese ~
responding to a falling blood
pressure, 72/38. Normally ~~. Stewart's blood
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was 'within the range of 118/60-58. This was almost 40% percent loss of
blQod pressure. Still these Nurses failed to realize an emergency.
~The Estate alleges the Claremont Nursing staff was negligent
in LCTING,.UPON A medical emergency at *8:10pm 11/7/1998 for
George Stewart...by Barbara Ann Baer,LPN and Jean Wade,RN.
9, lip. to 7am 11/7/1998 to 11/8/1998 The Estate alleges ROSE~~RY DAILEY
BATHAVIC,LPN was Negligent in providing I~/lliDIATE RESCUE NURSING CARE
to N~. Stewart from 11/7/1998 aprox. 11'15pm when Mr. Stewart was found
without audible blood pressure until 12:30~m when RN Shift Supervisor came
to evaluate &~. Stewart's medical condition. Ms. Bathavic breached her
nusring duties by failing to give immediate CpR or call 911 for an ambulance t
transport lf~. stewart to a hospital emergency room. Ms. Bathavic
by her Medical Negligence to provide immediate rescue measures caused
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severe,irreversible body system damages to &~. Stewart resulting in the
later diagnosed Pnuemonia to be considered over-whelming and untreatable.
Ms. Bathavic is charged with the specific "Wrongful Death Action" by
her ACTS of 0~%1ISSION to provide any Rescue Nursing care for Mr. Stewart
and making any future rescue attempt to save this man's life impossible.
Therefore, it is the Estate's allegation that by Ms. Bathavic's Negligence
and Breach of Nursing Duty to perform Rescue Measures that r~. George
Stewart's death was caused by this nurse's specific ACTS of Ommission
of Nursing Care. fYJl<.5tEwHif WAS If "Fu// COfJ.tf 1t.M.A-l<iMt...
'"
jD, Also the Estate alleges that Marsha Forster,RN l1pm to 7am Shift Supervisor
was Negligent to also provide IM&ffiDIATE RESCUE Measures for Mr. Stewart.
At the time of this nurse's evaluation of b~. Stewart.......this man had
layed aprox. 1 hour and 45 minutes......ll/7'98 11:15pm to12,30~m(ll/8/'98
"without Audible Blood Pressure". Still this Registered Nurse continued to
C)evaluate his status........not calling 911 immediately to send this man
to the hospital. Warsha Forster,RN. was negligent in calling Hilda Stewart
and Dr. Schiro immediately........both were later called.:........"..;...
l1.ild.a St"e.wart- called aprox/:~~~5":~!llgl, 98 and' Dl1:~ John Schiro called
at aprox. lam 11/8/'98.
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The Estate alleges both ROSEMARY DAILEY BATHAVIC,LPN ~ND MARSHA FORSTER,RN
of Claremont facility were Negligent in providing Immediate Rescue Care
for ~tr. Stewart. However, by the time Ms. Forster,RN arrived to evaluate
~~. Stewart's medical condition......the DAMAGES were already done
while r~. Stewart previously lay 1 Hour and 15minutes under Ms. Bathavic's
Duty as D-\rHNG CHARGE NURSE
being in a COp~TOSE condition without
AUDIBLE BLOOD PRESSURE ~The Estate charges the entire Nursing Staff
noted in the 'Medical Records of Claremont Nursing and Rehabilitation
Center with Medical Negligence in providing adequate Nursing care to
ensure the Medical 5afety and tr~a~~. GEORGE G. STEWART,resident of
this nursing home. By Breach of NURSING Duty to perform Nursing Care
in an Emergency situation with the Standards of Care Eixpected of the Staff
Nurses .; '. iand--Negligence of the facili ty.?tlY5i6-iAH'S 'to evaluate IVIr.
......
'.'
George G. Stewart's medical status during his entire brief stay at this
nursing home facility both during an admissions physical exam 11/4/'98
by Dr. Gawles and the Emergency Situation the night of 11/7/'98 tOl1/8/'98
by the "On-~ll" doctor- Dr. Schiro.......the Estate of George G. Stewart
charges Claremont Nursing and Rehabilitation Center with the
CO~lliINED ACTS OF MEDICAL NEGLIGENCE which it alleges caused the DEATH
of ~ffi. Stewart who died 11/9/1998 at ~:29am. Therefore, the Estate of
George G. Stewart charges Claremont Nursing and Rehabilitation Center with
the WRONGFUL DEATH ACTION...also.
pcs a result of the COMBINED ACTS OF MEDICAL NEGLIGENCE the ESTATE OF
GEORGE G. STEWART CHARGES CLAREMONT AND NURSING REHAB~LITATION CENTER
WITH .(1.) .DIeAL-NEGLIGENCE causing the (2) WRONGFUL DEATH ACTION
~ which resulted in the Death of t~. stewart.
Wherefore the Plaintiff5...Hilda B. Stewart-Executorix(wife) and
Deanna K. Collins(daughter) pray for a JUDGEl'IlENT against CLAREMONT
(6)
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e NURSING AND REHABILITATIOH CENTER IN THE AMOUNT OF
I riSO 00 ()
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feeling this amount is just and proper since r~. George G. Stewart)
inspite of his age of 82 years,....was a contributing person to
society via his SONGWRITING accomplishments which are copyrighted in the
,{
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Library of Congress, Washington,D.C.........These compositions were
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to be~sed in professional recordings......this is a significant loss to
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the i!;state in that some of the music was incomplete and.:could have been
finished in his life time. btr. Stewart was still competent in thinking
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, EXECUTORIX (wife)
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,(daughter) fla//)j;!ffi, PM Pel(
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HILDA B. STEWART-EXECUTDRIX
for the ESTATE OF GEORGE G. STEWART
vs.
( IN THE COURT OF COMMON PLEAS
) FOR CUMBERLAND COUNTY
( PENNSYLVANIA
) CIVIL ACTION-LAW
( NO: 00-7081 Civil Term
.
c:> AND DEANNA K. COLLINS --Plaintiffs IN PRO PER
CLARE1WNT NURSING AND REHABILITATION CENTER
Defendant
) .glfWVl~ IN A
(
CIVIL
LAWSUIT
*~,4.)Jtd
"/f?Jlta.1 uU~'1
TO: Charles E, Wasilefski,Esq.
2931 North Front Street
Harrisburg, Pennsylvania 17110
I, HILDA B. STEWART,EXECUTORIX of the ESTATE OF GEORGE G. STEWART and
I, DEANNA K. COLLINS,daughter, Serve upon the Defendant-CLAREMONT NURSING
e
M1D REHABILITATION CENTER"S attorney of Counsel: Charles E. Wasilefski,Esq.
a Certified Copy of the AJ;lliNDED COb~LAINT for ulliDICAL NEGLIGENCE AIID
\'iRONGFUL DEATH. . . . . . . . . .DATED December 12,2000 and a Letter of Summons.
Your client,CLAREMONT NURSING M1D REHABILITATION CENTER OF CARLISLE,
l' :157) rJ() 0
is being sued in the amount of
PENNSYLVANIA
for bffiDICAL NEGLIGENCE AND WRONGFUL DEATH.
For Judgement
Your response to this action is requested by submitting an ANSWER to
the Court within
~u
-
DAYS of SERVICE of this COb~LAIN:L' ~d 5't.l.tnl11(f/)$
sending a copy also to the Plaintiffs IN Pro.per to the address below:
o
HILDA B. STEWART-EXECUTORIX
c/o DEANNA K. COLLINS
46 Willow Street
Highspire,Penna.17034
Signed: X --;J:.k~ ;5, p~".,.9'
7>JL.r~~d~7>~/(,fdI;:.~
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PETERS & W ASILEFSKI
ATTORNEYS AND COUNSELORS AT LAW
2931 NORTH FRONT STREET
HARRISBURG. PENNSYLVANIA 17110
TELEPHONE (717) 238-7555
PETERS & W ASILEFSKI
By: Charles E. Wasilefski, Esquire
Attorney ill #21027
2931 North Front Street
Harrisburg, P A 17110
Attorney for Defendant
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IN THE COURT OF C~.@}VION
PLEAS, CUMBERLAN1>,? :;-
COUNTY, PENNSYL V A$A ~
ESTATE OF GEORGE G.
STEWART,
Plaintiff
vs.
CIVIL ACTION - LAW
No: 00-7081 Civil Term
CLAREMONT NURSING AND
REHABILITATION CENTER,
Defendant
JURY TRIAL DEMANDED
PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Please issue Rule upon Plaintiff, Estate of George G. Stewart, to
I
file a Complaint within twenty (20) days from service hereof or suffer judgment non
I
pros.
PETERS & W ASIf-EFSKI
B
C:o('J_
C, "
"
CHARLES E. W ASILEFSKI
Attorney ID #21027
2931 North Front Street
Harrisburg, PA 17110
[717] 238-7555
Attorney for Defendant
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Dated: 10) 3J )2600
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RULE
TO THE PLAINTIFF:
You are hereby ordered and directed to file your Complaint
against the Defendant, Claremont Nursing and Rehabilitation <:;enter, in the above-
captioned matter within twenty (20) days of service of this Rule against you or suffer
judgment non mos.
Dated; ~;tJ(,)D II :J~
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VI ID
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SHORT CERTIFICAT'
I,
MARY C. LEWIS
Register for the Probate of Wills and Granting
Letters of Administration &c. in and for said
County of CUMBERLAND do hereby certify that OP
the 5th day of March A.D.
Two Thousand and One,
Letters of ADMINISTRATION D.B.N. C.T.A.
--_.
estate of STEWART GEORGE G
(LA::i'1', rlK::i'1', J!IIllJlJLt:)
in common form were granted by the Register c
said County, on the
, late of LOWER ALLEN TOWNSHIP
in said county, deceased, to
DEANNA K COLLINS
~ I 1. Jl d.lllb'i', n!ll.h'b'l...~)
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and that same has not since been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of said office at CARLISLE, PENNSYLVANIA, this 5th day of March
A.D., Two Thousand and One.
File No. 1999-00504
PA File No. 21-99-0504
Date of Death 11/09/1998
S.S. # 176-10-9149
77'/~ ~n'fiJ.:!/R_/AYL /,q"",/-;/
Register
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NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL
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14535803162001 Cumberland County - Register Of Wills
ROW621
File No 1999-00504 PA File No
Decedent STEWART GEORGE G
Date
Filed
5/21/1999
5/26/1999
611611999
9/1311999
9113/1999
10104/1999
10/04/1999
10/06/2000
12/08/2000
12/13/2000
1117/2001
3/01/2001
3/05/2001
3/05/2001
Pa.,>
31' .
2199-0L
Docket Entries
PETITION FOR PROBATE AND GRANT OF LETTERS TESTAMENTARY
OATH OF PERSONAl< REPRESENTATIVE
DEATH CERTIFICATE
DECREE OF PROBATE AND GRANT OF LETTERS TESTAMENTARY
CERTIFICATION OF NOTICE UNDER RULE 5.6(A)
REV 1548 NOTICE INH TAX APPR JOINT ASSETS ACN 99143279
Docket: 16 Book: Page: 7.00
REV 1548 NOTICE INH TAX APPR JOINT ASSETS ACN 99143280
Docket: 16 Book: Page: 7.00
REV 1607 INH TAX STATEMENT OF ACCT ACN 99143280
TAX DKT 16 PAGE 78 LINE 7
REV 1607 INH TAX STATEMENT OF ACCT ACN 99143279
TAX DKT 16 PAGE 78 LINE 7
STATUS REPORT 6.12 COMPLETE
MOTION TO WITHDRAW AS COUNSEL
ORDER OF COURT- JUDGE HOFFER P.J.
PETITION TO GRANT TITLE OF TRUSTEE AD LITEM TO ANOTHER
PETITION FOR GRANT OF LETTERS OF ADMINISTRATION D.B.N.C.T.A.
OATH OF PERSONAL REPRESENTATIVE
RENUNCIATION
ORDER REVOKING LETTERS TESTAMENTARY
GRANT OF LETTERS OF ADMINISTRATION D.B.N.T.C.A.
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PETITION FOR PROBATE and GRANT OF LETTERS
Estate of hitJlCjE G .\1tLl1Jtf-Il.T
also known as
21-99-504
No.
To:
Register of Wills for the
,~ Deceased. County of in the
Social Security No. 176 -/()- 'l./-<f r Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the executlU'lI:
in the last will of the above decedent, dated .
and codicil(s) dated r $j(,€.t/ t4 fC r J () J
named
19 i~
,-
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Defendent was domiciled at death in Cum hC-f/l-./ /l-ty' cI ,Cpunty. ennsyJvania, with
h / S last family or princip I esidencc;,at.:L . . I CIC <4 d j!) ~
Yc: ,? 01 ~/f.. v1-/'e U~.
(list street, number and muncipality)
rrYeh'1bc.;e ,19 C)J? ,
at e tiS A- M'- tee ;<-1"'> 01 J .
Except as follows, decedent di not marry. was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decendent at death owned property with estimated values as follows:
(If domiciled in Pa,) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
$
$
$
$
~
7_
-f7
WHEREFORE, petitioner(s) respectfully reques~(s). the probate of the last will and codicil(s)
presented herewith and the grant of letters of Adm1n1stration d. b. n. t.c .a.
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
theron.
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA 1- ss
COUNTY OF J
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of petitioner(s) and that'as personal represen-
tative(s) of the above decedent petitioner(s) will ell and truly adminis erGe estate ac~ding to law.
Sworn to or affirmed and subscribed { I ~() en
before me this 1 s t day of ~.
~ MARCH J9{2001 ~
!1(1'Jf/lu~~{(jf)(/::r::7 ~
Reglste B:
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'ill .r~--"~I~~;irii'l~""li-uam""~M~j!B.,",~?!ili."~.j:.lA"""",,"-,,,,,,~:-,;,,~{",,~jlii-~~~_t~riI[~_~~~'l>I> -~' ;',~;'.l.:c: OOfll""~
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No.
21-99-504
Estate of
GEORGE G STEWART
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS -
AND NOW MARCH 5 ~2001 ,in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
lT IS DECREED that the instrument(s) dated FEBRUARY 10. 1992
described therein be admitted to probate and filed of record as the last will of
GEORGE G STEWART
and Letters of ADMINISTRATION D.B.N.C.T.A.
are hereby granted to
Deanna K Collins
7'r(l 9!.;,,(,) /'Ju,/ /2if/{~(#~
'sterofWills '
FEES
Probate, Letters, Etc. .,.,,'...
Short Certificates( )."",.",
Renunciation ......",.."",
$
$
$
$
TOTAL _ $ 39.00
~ql. .~,. .2.QQ~......",..""".,
25.00
9.00
5.00
ATTORNEY (Sup, Cl. tD. No,)
ADDRESS
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Cumberland County Prothonotary's Office
Case Entries
2000-07081 STEWART GEORGE E ESTATE OF (vs) CLAREMONT NURSING & REHAB CTR
Filed Date: 10/13/2000 Time: 3:00 Case Type: WRIT OF SUMMONS
Page ---1 of 3
- - - ~ - - - - - - - FIRST ENTRY - - - - - - - - - - - -
10/13/00 PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION-WRIT OF SUMMONS ISSUED
------~------------------------------------------------------------
10/19/00 SHERIFf'S RETURN FILED
Litigant.: CLAREMONT NURSING AND REHABILITATION CENTER
SERVED : 10/lS/00 WRIT OF SUMM
Costs....: $31.10 Pd By: HILDA M. STEWART 10/19/2000
------~------------------------------------------------------------
11/01/00 PRAECIPE FOR RULE TO FILE COMPLAINT - RULE IS ISSUED UPON PLFF OF
GEORGE G STEWART FILE COMPLAINT WITHIN 20 DAYS FORM SERVICE HEREOF
OR SUFfER JUDGMENT NON PROS - BY CHARLES E WASILEFSKI ATTY FOR DEFT
11/14/00 AFFIDAVIT OF SERVICE - SERVED A RULE TO FILE COMPLAINT UPON
HILDA STEWART - CHARLES E WASILEFSKI ATTY FOR DEFT
11/20/00 COMPLAINT OF WRONGFUL DEATH AND MEDICAL NEGLIGENCE - BY DEANNA K +
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Cumberland County Prothonotary's Office
Case Entries
2000-07081 STEWART GEORGE E ESTATE OF (vs)
Filed Date: 10/13/2000 Time: 3:00
CLAREMONT NURSING << REHAB CTR
Case Type: WRIT OF SUMMONS
Page ----.l of
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COLLINS PLFF
-------------------------------------------------------------------
11/27/00 AMENDED COMPLAINT OF WRONGFUL DEATH AND MEDICAL NEGLIGENCE - PLFF
-------------------------------------------------------------------
12/06/00 PRAECIPE FOR LISTING CASE FOR ARGUMENT - PRELIMINARY OBJECTIONS OF
DEFENDANT CLAREMONT NURSING AND REHABILITATION CENTER - BY CHARLES
E WASILEFSKI ESQ
12/06/00 PRELIMINARY OBJECTIONS OF DEFENDANT CLAREMONT NURSING TO PLFFS
AMENDED COMPLAINT - BY CHARLES E WASILEFSKI ESQ ATTY DEFT
12/06/00 AFFIDAVIT OF SERVICE OF AMENDED COMPLAINT - BY DEANNA K COLLINS
12/13/00 AMENDED COMPLAINT - BY DEANNA K COLLINS PLFF
12/29/00 AFFIDAVIT OF SERVICE - FOR COMPLAINT AND SUMMONS
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Case Entries
PYS510D
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2000-07081 STEWART GEORGE E ESTATE OF (vs)
Filed Date: 10/13/2000 Time: 3:00
CLAREMONT NURSING & REHAB CTR
Case Type: WRIT OF SUMMONS
Page ----2 of
3
1/11/01 PRELIMINARY OBJECTIONS OF DEFENDANT CLAREMONT NURSING AND
REHABILITATION CENTER TO PLAINTIFFS SECOND COMPLAINT - BY CHARLES
E WASILEFSKI ESQ OF DEFT
1/11/01 PRAECIPE FOR LISTING CASE FOR ARGUMENT - PRELIMINARY OBJECTIONS OF
DEFT TO PLFFS - CHARLES E WASILEFSKI ESQ FOR DEFT
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GEJI!-JE- G; STp~C'
In the Court of Common Pleas of
Cumberland County, Pennsylvania
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No. 6V~ 708'(
Civil. 19
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Commonwealth of Pennsylvania
County of Cumberland
Estate of George G. Stewart
1296 Warwick Road
Camp Hill FA 17011
YlI.
Court of Common Pleas
No,
00-7081 Civil Term
19____
Claremon Nursing and
Rehabilitation Center
375 Claremont Drive
Carlisle FA 17013
In ____f_~y_~~__~_~!_~~~_~__~_~!_______________
To ___C_lax.elllQIlt_1':lw:.S.i.O.g._fl.mLBJ'ib.1:!tL:Lli tation Center:
You are hereby notified that
______________________~g_~__~~~~~_~__qE__~_~?_~g~__~_~_~_!5:~~~!_______________________________
Summons - Civil Action - Law
the Plaintiff haS commenced an action in ________,________________________________h____________u
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
Date ____Q<::!_qp_~!'_X~,!__________ 1~_~~_
.___~_Q!L~J_~_~~__~~~~________________________
. '\ Jthonotary
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PETERS & W ASILEFSKI
By: Charles E. Wasilefski, Esquire
Attorney In #21027
2931 North Front Street
Harrisburg, PA 17110
Attorney for Defendaut
ESTATE OF GEORGE G.
STEWART,
Plaintiff
IN THE COURT OF COMMON
PLEAS, CUMBERLAND
COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
No: 00-7081 Civil Term
CLAREMONT NURSING AND
REHABILITATION CENTER,
Defendant
JURY TRIAL DEMANDED
PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Please issue Rule upon Plaintiff, Estate of George G. Stewart, to
file a Complaint within twenty (20) days from service hereof or suffer judgment non
pros.
PETERS & W ASILEFSKI
B
CHARLES E. W ASILEFSKI
Attorney ill #21027
2931 North Front Street
Harrisburg, PA 17110
[717] 238-7555
Attorney for Defendant
Dated: loJ 3d):Le:xxJ
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RULE
TO THE PLAINTIFF:
You are hereby ordered and directed to file your Complaint
against the Defendant, Claremont Nursing and Rehabilitation Center, in the above-
captioned matter within twenty (20) days of service of this Rule against you or suffer
judgment non DrOS.
Dated: (moo I ;2.000
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Deanna K. Collins
46 Willow Street
Highspire,Penna. 170)4
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for the ESTATE OF GEORGE G. STEWART
. IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
DEANNA K. COLLINS-Trustee ad litem
Plaintiff in Pro Per
.
. CIVIL ACTION-LAW
: No: 00-7081 Civil Term
vs.
CLAREMONT NURSING AND REHABILITATION
CENTER
COMPLAINT OF WRONGFUL DEATH
AND MEDICAL NEGLIGENCE
Defendant
I,DEANNA K. COLLINS,acting as TRUSTEE ad litem for the ESTATE OF
GEORGE G. STEWART,REQUESTS THIS COURT TO PROCEED WITH A TRIAL BY JURY
in the above COMPLAINTS OF WRONGFUL DEATH AND MEDICAL NEGLIGENCE
REGARDING THE DEATH OF GEORGE G. STEWART who was a former F~sident of
the above mentioned nursing home facility, and deceased on November 9,1998"
due to the following allegations:
1. All CLAREMONT NURSING AND REHABILITATION tENTER'S
Nursing Staff ....were NEGLIGENT in providing proper care to
GEORGE G. STEWART from the time of entry into this facility and throughout
his very short stay as a resident from November 2,1998 until the early
morning hours of NoVember 8,1998.....after which time this man was
transferred to Carlisle Hospital'S Emergency Room.
2.
.
The Admi$~a.~ Office of CLAREMONT NURSING AND REHABILITATION CENTER
failed to verify a correct phone number of Mr. Stewart's primary legal
heath advocate-his wife Hilda Stewart on entry into this facility
November 2,1998.
). The Physicians contracted by this nursing home facility failed to
properly evaluate or monitor GEORGE G. STEWART'S medical condition
both upon an Initial Physical Exam conducted by this facility on
November 4,1998 and during Mr. Stewart's declining health circumstances
which stas.'ac;ted upeneftom :t:hefe'ilfeJlUt8e:of7llTil1~Jiibantnl~98 until -(;iae
early A.M. (morning) hours of November 8,1998.
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4. The following Licensed Nursing S~AFF of CLAREMONT NURSING AND
REHABILITATION CENTER ACTED WITH MEDICAL NEGLIGENCE AND USED IMPROPER
billDICAL JUDGEMENT IN the care of GEORGE G. STEWART on the evening of
November 7,1998 untirthe early AM hours of November 8,1998 whereupon
Mr. Stewart was transferred to Carlisle Hospital's Emergency Room.
ROSEMARY DAILEY BATHAVIC,LPN
BARBARA ANN BAER, LPN
MARSHA FORSTER,RN
JEAN WADE,RN
J~ The following Physicians contracted by CLAREMONT NURSING AND
REHABILITATION CENTER WERE BOTH MEDICALLY NEGLIGEN~AND USED IMPROPER
JUDGEMENT WHILE CARING FOR GEORGE G. STEWART who resided as a resident
of this facilitYI
Michael Gawlas,DO
of Good Hope Family Physicians
As a result of the combined acts of MEDICAL NEGLIGENCE the
John Charles Schiro,MD
ESTATE OF GEORGE G. STEWART CHARGES THE CLAREMONT NURSING AND
REHABILITATION CENTER with the WRONGFUL DEATH .. ACTION and the
GROSS MEDICAL NEGLIGENCE of care whicR:iresu.lted in the untimely death
of Mr. George G. Stewart on November 9,1998.
Wherefore the Plaintiff-Trustee ad litem.DEANNA K. COLLINS
prays for JUDGEMENT AGAINST CLAREMONT NURSING AND REHABILITATION CENTER
in the amount of $ 250,000. . ~ () _ _'. 1r:1/1
Signedl~K.~ ~~<...-r.^ .
Date. ])EIlA/N~.ColUNS //~ o.J~
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... Deanna K. Collins
46 Viillow Street
Highspire,Penna. 17034
Plaintiff in Pro Per
IN THE COURT OF COMMON PLEAS
OF CUuffiERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
No: 00-7081 Civil Term
It in eN D f3..1)
COMPLAINT OF WRONGFUL DEATH
AND MEDICAL NEGLIGENCE
DEANNA K. COLLINS-Trustee ad litem
for the ESTATE OF GEORGE G. STEWART
vs.
CLAREMONT NURSING AND REHABILITATION
CENTER
Defendant
I,D.1!;ANNA K. COLLINS,acting as :':'RUSTEE ad litem for the ESTATE OF
GEORGE G. STE:/ART,REQUESTS THIS COURT TO PROCEED WITH A TRIAL BY JURY
in the above COMPLAINTS OF WROiIGFUL DEATH AND MEDICAL NEGLIGENCE
;lliGARDING THE DEATH OF GEORGE G. S'rENART who was a former !'esident of
the above mentioned nursing home facility, and deceased on November 9,1998
due to the following allegations:
1. All CLAREMONT nURSIHG AND REHABILITA'l'ION CENTER'S
;,ursing Staff ... .were NEGLIGENT in providing proper care to
GEORGE G. STEdART from the time of entry into this facility and throughout
his very short stay as a resident from November 2,1998 until the early
morning hours of November 8,1998.....after which time this man was
transferred to Carlisle Hospital's Emergency Room.
2. The Ad~}5~a~~ Office of CLAREMONT NURSING AND REHABILITATION CENTER
failed to verify a correct phone number of ~tr. Stewart's primary legal
heath advocate-his wife Hilda Stewart on entry into this facility
;,ovember 2,1998.
3. The Physicians contracted by this nursing home facility failed to
properly evaluate or monitor GEORGE G. STEWART'S medical condition
both upon an Initial Physical Exam conducted by this facility on
November 4,1998 and during Mr. Stewart's declining health circumstances
which were acted upon from the evening of November 7.1998 until ~ae
early A.M. (morning) hours of November 8,1998.
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4-. The following Licensed Nursing S'UFF of CLAREMONT IWRSING AND
REHABILITATION CENTER ACTED ';IITH MEDICAL NEGLIGENCE AND USED IMPROPER
!:lEDICAL JUDGEMENT IN the care of GEORGE G. STEWART on the evening of
November 7,1998 unti!the early AM hours of November 8,1998 whereupon
dI. Stewart was transferred to Carlisle Hospital's Emergency Room.
ROSEW~RY DAILEY BATHAVIC,LPN
BARBARA ANN BAER,LPN
~~RSHA FORSTER,RN
JEAN WADE,RN
~~ The following Physicians contracted by CLAREMONT NURSING AND
REHABILI'rATION CENTEn V/ERE BOTH MEDICALLY NEGLIGENU' AND USED Irv'IPROPER
JUDGEi.TENT V{lULE CARING FOR GEORGE G. STEWART who resided as a resident
of this facility:
l'.!ichael Gawlas ,DO
of Good Hope Family Physicians
As a result of the combined acts of lflliDICAL NEGLIGENCE the
John Charles Schiro,~ID
ESTATE OF GEORGE G. STEWART CHARGES THE CLAREMONT NuRSING AND
REHABILITATION CEN'TER with the WRONGFUL DEATH ACTION and the
GnOSS MEDICAL NEGLIGENCE of care which resulted in the untimely death
of ~I. George G. Stewart on November 9,1998.
-,iherefore the Plaintiff-Trustee ad li tem,DEANNA K. COLLINS
prays for JUDGEMENT AGAINST CLAREMONT NURSING AND REHABILITATION CENTER
~~ the amount of ;$ 250,000. '. /~
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA
1 Courthouse Square,Carlisle 17013
DEANNA K. COLLINS- Trustee ad litem
for the
ESTATE OF GEORGE G. STEWART
Plaintiff In Pro Per
SUMMONS IN A CIVIL CASE
Case Number: oo-l{)!J /
VS.
CLAREMONT NURSING AND REHABILITATION CENTER
Defendant
DEMAND TRIAL BY JURY
TO: Claremont Nursing and Rehabilitation Center
375 Claremont Dri~e
Carlisle,Pennsylvania 17013
YOU ARE HEREBY SUMMONED and requested to serve upon Plaintiff's Attorney
or(Legal Counsel).
DEANNA K. COLLINS-Plaintiff In Pro Per
46 Willow Street
Highspire,Pennsylvania 170~4
an ANSWER to the complaint received by your ATTORNEY for Defendant~
Charles E. Wasilefski,Esq......within ~ days after service of
both the COMPLAINT of MEDICAL NEGLIGENCE AND WRONGFUL DEATH and this
SUMMONS,exclusive of the day of se~vice. If you fail to do so,judgment
by default will be taken against you for the relief of the complaint
in the amount of ~~~~ O~ . You must also file your answer with
the 6lerk of the Court within a reasonable time after service.
Datel 1l~z/uv;< Z cY{}t7() '\
Signed I /J/J~l-{, f{C&~~
DE~~K. COLLINS
Plaintiff In Pro Per
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DEANNA K. COLLINS,
Ad litem for the ESTATE OF
GEORGE G. STEWART,
Plaintiff
IN THE COURT OF
COMMON PLEAS FOR
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
No. 00 - 7081 Civil Tenn
CLAREMONT NURSING AND
REHABILITATION CENTER
Defendant
,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS OF
DEFENDANT, CLAREMONT NURSING AND REHABILITATION CENTER.
TO PLAINTIFF'S AMENDED COMPLAINT
NOW COMES, Defendant, Claremont Nursing and Rehabilitation
Center ("Claremont"), by and through its attorneys, Peters & Wasilefski, and files
Preliminary Objections to Plaintiff's Amended Complaint as follows:
1. On or about November 16, 2000, Plaintiff filed an Amended
Complaint purporting to allege medical negligence against Defendant, Claremont, for
the death of George G. Stewart.
2, Plaintiff lacks standing and the capacity to bring suit against
Defendant, Claremont, for the death of George G. Stewart.
3. Plaintiff lacks standing and the capacity to bring suit against
Defendant, Claremont. for medical negligence.
4, Plaintiff's Amended Complaint fails to conform to law or rule of
court and includes scandalous and impertinent matter.
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5.
Plaintiff's Amended Complaint lacks sufficient specificity to
allow Defendant to answer and prepare a defense.
6. Plaintiff's Amended Complaint is legally insufficient and must be
dismissed.
WHEREFORE, Defendant, Claremont, respectfully requests that
Plaintiff's Amended Complaint be dismissed; or, in the alternative, that Plaintiff be
required to file a more specific Complaint.
PETERS & W ASILEFSKI
By:
Charles E. Wasilefski, Esqui e
Attorney #21027
2931 North Front Street
Harrisburg, PA 17110
[717] 238-7555
Attorneys for Defendant,
Claremont Nursing and
Rehabilitation Center
Date: December 5,2000
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CERTIFICATE OF SERVICE
This is to certify that I, Pamela J. Crum, a Legal Assistant in the law
offices of Peters & Wasilefski, have this S. d~~~\e~, 2000, served a true
and correct copy of the foregoing PRELIMINARY OBJECTIONS OF DEFENDANT,
CLAREMONT NURSING AND REHABILITATION CENTER, TO PLAINTIFF'S
AMENDED COMPLAINT upon all parties by depositing same in the United States mail, first
class, postage prepaid, addressed to the counsel of record as follows:
Deanna K. Collins
46 Willow Street
Highspire, PA 17034
~~~~~
Pamela J, Crum
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HILDA B. STEWART-EXECUTORIX of the
ESTATE OF GEORGE G. STEWART
IN THE COURT OF COMMON PLEAS
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FOR CUMBERLAND COUNTY,
.
AND DEANNA K. COLLINS--Plaintiffs In Pro Per PENNSYLVANIA
CIVIL ACTION-LAW
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NO. 00-7081 Civil Term
.
~NDED COMPLAINT of
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. MEDICAL NEGLIGENCE AND
WRONGFUL DEATH - ()~: I :J.j':Y.JI1QO
. *DEMAND TRIAL BY JURY
CLAREMONT NURSING AND REHABILITATION CENTER
Defendant
I ,HILDA B. STEWART,and I,DEANNA K. '::OLLINS, acting jointly as Plaintiffs
In Pro Per for the ESTATE OF GEORGE G. STEWART, Requests this court to
proceed with a Trial By Jury regarding a Complaint of two causes of action
(1) MEDICAL NEGLIGENCE and (2) WRONGFUL DEATH for the death of
w~. GEORGE G. STEWART,who was a former resident of Claremont Nursing and
Rehabilitation Center,of Carlisle,Pennsylvania, who died November 9,1998.
The Plaintiffs of this Estate charge this nursing home facility with the
following allegations.
1.The Admission's Office failed to verify a correct telephone number of
Hilda B. Stewart(wife) the Primary Legal Medical Health Advocate of
Mr. Stewart upon admission to this faciltiy......there was no phone number to
reach Mrs. Stewart until this gentleman was in declining health.
(11/7/1998) aprox. 8.25 pm. when this facility had to call l~. Stewart's
daughter to provide the corrected phone number of Hilda B. Stewart(wife),
The Estate alleges Negligen~...J(mproper admission procedures in the delay
of emergency treatment of brr. Stewart.
2. Nursing Staff was;Neglj,gent -failed to ,Provide ~an Initial NURS~~G~PLAN
after admission to this faciltiy to ensure the Nursing Needs of this
resident were met -------Especiall:l' regarding the HIGH RISK POTENTIAL for
INFECTION of this elderly man who had EMPHYSEMA at admission.
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~, All Claremont Nursing Staff that were to care fOr this man often left
him unattended in the T.V. Dayroom.....since he was basically independent and
a minimum care resident. The ESTATE Alleges that very little medical or
nursing care was given brr. Stewart from 11/2/1998...Admission date to
11/7/1998 when he was beginning to decline in health. This elderly man was a
HIGH RISK for INFECTIONS and should have been monitored for the Sy~ptoms
of Pnuemonia which the ESTATE alleges the facility failed to notice any
Symptoms until Mr. Stewart had to be placed on Oxygen and put into bed
at 11/7/1998 aprox. 8:10pm........The facility was Negilgent in(l) Failu~e
, ,
to~ea~mze the .signific~in Medical Condition (2) Failure to
Immediately call Hilda B. stewart (wife) after calling daughter at aprox.
8:25pm....it was not to be assumed the obligation of Ms. Collins to
intercede in the notifying of Hilda Stewart. Also On several occasions
both Hilda Stewart and Deanna Collins(daughter) telephonedMr. Stewart..",'
he mentioned he was unattended and sitting in the T.V. Dayroom......this is
noted within the Nursi~g notes. 11/2/1998 aprox. 8.12pm when Hilda Stewart
spoke to her husband and another time on 11/),1998 aprox. 4pm when
Ms. Collins spoke to her father to tell him he was coming to live with her.
brr. Stewart was also in Dayroom noted 11/3)1998 aprox. 8am. in the nursing
notes. The aides and Nurses on duty often were too busy to properly
observe changes in medical status......this is the alleg~ion of the Estate.
q,The Physicians contrated by this facility as so called"House Doctors"
failed to properly Evaluate George Stewart's medical condition upon the
facility admission physical given by Dr. Michael Gawles 11/4/1998.
Tfie Estate alleges.......ll/2/1998 Nurses~.' Note Entry states Dr. Gawles
perscribed medications for Mr. Stewart without first seeing this new
resident. Mr. Stewart was later given a physical by Dr. Gawles 11/4/1998
aprox. 11:15am.Dr. Gawles perscribed two(2) Contradictory medications
HALDOL and SINEl~T.~~~. He also diagnosed Mr. Stewart with
Parkinsons Disease........ .which Mr. Stewart never hadla'l No CAT-Scan or
testing was done .:tiP ~ PAr/l.J(I~S'ON ~"we:., ( )
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~he Esiate alleges the new medications prescribed were an assumption of
Mr. Stewart having Parkinsons Disease.
Also...Hilda Stewart(wife) was
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never told of the medication changes or the fact that Mr. Stewart could
have received medical care from his own medical doctor, this was a vio~tion
of Mr. Stewart's Patient Rights.
G. It is also noted that on 11/7/1998 aprox. 8:10pm Dr. Schiro was called
during the Emergency ...... this Physician ;-,wasrthe"On:tCall'.' physilliEl.l:l for
the facility medical group........the Estate alleges this doctor
was Negligent in providing immediate care for Mr. Stewart who was a
HIGH RISK for INFECTIONS. .....this p~ysiaian failed to visit Mr. Stewart
acting only on the "Hear-say" information of Claremont's Nursing staff
and ~ailed to prescibe antibiotics immediately or admitting Mr. Stewart
to a hospital for further medical attention.
'1 Therefore, the Estate alleges Claremont Nursing home facility Physicians:
Dr. Michael Gawles and Dr. John Schiro 'wereiNegligen~~,in providing proper
medical care for Mr. Stewart from 11/2/1998 to 11/8/1998 aprox. lam.
jeopordising the Health-life safety of George Stewart and violating his
Patient Bill of Rights by the facility to provide I~. Stewart with care by
his own doctor.....and Notifying rtilda Stewart(wife) of any new medication
changes.
~ The following Licensed Nursing Staff of Claremont acted
. ~egl~genCe during the Emergency Situation beginning on the
11/7/1998 aprox. 8:10pm until 11/8/1998 aprox lam.:
with Medical
evening of
ROSEMARY DAILEY BATHAVIC,LPN
BARBARA ANN BAER,LPN
MARSHA FORSTER,RN
JEAN WADE,RN
BARBARA'ANN BAERttPN- Charge Nurse and Jean Wade-Jpm shift supervisor failed
HI'''''
to realize the immediate significance of declining health of Mr. Stewart
who previously as noted was an jhdependent ambulatory resident.l1/7/1998
aprox. 8:10pm Mr. Stewart had to be put into bed and placed on Oxygen.
At this time it is also noted that lf~. Stewart was loosing his concious
(.) Th (2) two Ju.m to l1pm Nurses were Neglegent in
responsiveness ~ ese .
responding to a falling blood
pressure:
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72/J8. Normally Mr. Stewart's blood
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was within the range of 118/60-58. This was almost 40% percent loss of
blood pressure. Still these Nurses failed to realize an emergency.
The Estate alleges the Claremont Nursing staff was negligent
in ftCTING,UPON A medical emergency at *8:10pm 11/7/1998 for
George Stewart...by Barbara Ann Baer,LPN and Jean Wade,RN.
~, lip. to 7am 11/7/1998 to 11/8/1998 The Estate alleges ROSEMARY DAILEY
BATHAVIC,LPN was Negligent in providing IMMEDIATE RESCUE NURSING CARE
to Mr. Stewart from 11/7/1998 aprox. 11'15pm when Mr. Stewart was found
without audible blood pressure until 12:30~m when RN Shift Supervisor came
to evaluate I~. Stewart's medical condition. Ms. Bathavic breached her
nusring duties by failing to give immediate CER or call 911 for an ambulance to
transport Mr. Stewart to a hospital emergency room. Ms. Bathavic
by her Medical Negligence to provide immediate rescue measures caused
severe,irreversible body system damages to Mr. Stewart resulting in the
later diagnosed Pnuemonia to be considered over-whelming and untreatable.
Ms. Bathavic is charged with the specific "Wrongful Death Action" by
her ACTS of OMMISSION to provide any Rescue Nursing care for Mr. Stewart
and making any future rescue attempt to save this man's life impossible.
Therefore, it is the Estate's allegation that by Ms. Bathavic's Negligence
and Breach of Nursing Duty to perform Rescue Measures that Mr. George
Stewart's death was caused by this nurse's specific ACTS of Ommission
of Nursing Care. fJ7/<. S/EW,f1/-F wAS'1f "Fu/! COOl'- I; ~t:led"
}O, Also the Estate alleges that Marsha Forster,RN llpm to 7am Shift Supervisor
was Negligent to also provide IMMEDIATE RESCUE Measures for Mr. Stewart.
At the time of this nurse's evaluation of Mr. Stewart.......this man had
layed aprox. 1 hour and 45 minutes......l1/7.98 11:15pm to12.30~m(11/8/'98
"without Audible Blood Pressure". Still this Registered Nurse continued to
evaluate his status........not calling 911 immediately to send this man
to the hospital. Marsha Forster,RN. was negligent in calling Hilda Stewart
and Dr. Schiro immediately........both were later called.~.......~.;~~..
J;lildll S~e.warit called ?P1l!ox/5~~4SPl.f41IBl'~8
at aprox. lam 11/8/'98.
andI9~~~John Schiro called
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of Claremont facility were Negligent in providing Immediate Rescue Care
for Mr. Stewart. However, by the time Ms. Forster,RN arrived to evaluate
Mr. Stewart's medical condition......the DAMAGES were already done
while Mr. Stewart previously lay 1 Hour and 15minutes under Ms. Bathavic's
Duty as D-WING CHARGE NURSE being in a COMATOSE condition without
AUDIBLE BLOOD PRESSURE ~The Estate charges the entire Nursing Staff
noted in the:Medical:Records of Claremont Nursing and Rehabilitation
Center with Medical Negligence in providing adequate Nursing care to
ensure the N,edical 6afetar:':'aiIli U~*Mr. GEORGE G. STEWART,resident of
this nursing home. By Breach of NURS1NG Duty to perform Nursing Care
in an Emergency situation with the Standards of Care expected of the Staff
Nurses . ~'. ; andsN,egligence'ofc tl:lILfacili tYt:;'Jiyaili6-IMfi to evaluate l\!r.
George G. Stewart's medical status during his entire brief stay at this
nursing home facility both during an admissions physical exam 11/4/'98
by Dr. Gawles and the Emergency Situation the night of 11/7/'98 tOll/8/'98
by the "On-CZaII" doctor- Dr. Schiro.......the Estate of George G. Stewart
charges Claremont Nursing and Rehabilitation Center with the
COMBINED ACTS OF MEDICAL NEGLIGENCE which it alleges caused the DEATH
of MR. Stewart who died 11/9/1998 at ~129am. Therefore, the Estate of
George G. Stewart charges 01aremont Nursing and Rehabilitation Center with
the WRONGFUL DEATH ACTION...also.
As a result of the qOMBINED ACTS OF MEDICAL NEGLIGENCE the ESTATE OF
GEORGE G. STEWART CHARGES CLAREmONT AND NURSING REHABILITATION CENTER
WITH .Xt)lW!IDrCAL_NEGLIGENCE causing the (2) WRONGFUL DEATH ACTION
which resulted in the Death of Mr. Stewart.
Wherefore the plaintiff,...Hilda B. Stewart-Executorix(wife) and
Deanna K. Collins (daughter) pray for a JUDGEMENT against CLAREMONT
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NURSING AND REHABILITATION CENTER IN THE AMOUNT OF
I ~so 000
feeling this amount is just and proper since Mr. George G. Stewart)
inspite of his age of 82 years,....was a contributing person to
society via his SONGWRITING accomplishments which are copyrighted in the
Library of Congress. Washington.D.C.........These compositions were
to be~sed in professional recordings......this is a si~ificant loss to
--
the ~'State in that some of the music was incomplete and\:could have been
finished in his life time. l~. Stewart was still competent in thinking
capacity.
~d. 'X~~&' ~&W
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,EXECUTORIX(wife)
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Date.~/~:J..&&d
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VS.
CLAREMONT NURSING AND REHABILITATION CENTER
( IN THE COURT OF COMMON PLEAS
) FOR CUMBERLAND COUNTY
( PENNSYLVANIA
) CIVIL ACTION-LAW
( NO: 00-7081 Civil Term
HILDA B. STEWART-EXECUTDRIX
for the ESTATE OF GEORGE G. STEWART
AND DEANNA K. COLLINS --Plaintiffs IN PRO PER
Defendant
) .gU'V\/I1~ IN A
(
CIVIL
LAWSUIT
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TO: Charles E, Wasilefski,Esq.
2931 North Front Street
Harrisburg, Pennsylvania 17110
I, HILDA B. STEWART,EXECUTORIX of the ESTATE OF GEORGE G. STEWART and
I, DEANNA K. COLLINS ,daughter, Serve upon the Defendant-CLAREMONT NURSING
AND REHABILITATION CENTER-S attorney of Counsel. Charles E. Wasilefski,Esq.
a Certified Copy of the AMENDED COMPLAINT for MEDICAL NEGLIGENCE AND
WRONGFUL DEATH. . . . . . . . . .DATED December 12,2000 and a Letter of SummiDns.
Your client, CLAREMONT NURSING AND REHABILITATION CENTER OF CARLISLE,
PENNSYLVANIA is being sued in the amount of '1 ::;1S'() (J () 0
for biliDICAL NEGLIGENCE AND WRONGFUL DEATH.
For Judgement
Your response to this action is requested by submitting an ANSWER to
the Court wi thin ~../) DAYS of SERVICE of this COMPLAIN'j' MA :f:){J7i1I11()/)S
sending a copy also to the Plaintiffs IN Pro.per to the address below:
HILDA B. STEWART-EXECUTORIX
c/o DEANNA K. COLLINS
46 Willow Street
Highspire,Penna. 17034
Signed. X ---;.JJ tv ;$ - P Mf JMP'
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PETERS & W ASILEFSKI
By: Charles E. Wasilefski, Esquire
Attorney ill #21027
2931 North Front Street
Harrisburg, PA 17110-1280
Attorney for Defendants, Rosemary Dailey Bathavic
ESTATE OF GEORGE G. STEWART
Plaintiff
v.
IN THE COURT OF
COMMON PLEAS FOR
CUMBERLAND COUNTY,
PENNSYL VANIA
CLAREMONT NURSING AND
REHABILITATION CENTER
Defendant
NO. 00 - 7081 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS OF
DEFENDANT, CLAREMONT NURSING AND REHABILITATION CENTER
TO PLAINTIFF'S SECOND COMPLAINT
NOW COMES, Defendant, Claremont Nursing and Rehabilitation Center
("Claremont"), by and through its attorneys, Peters & Wasilefski, and files Preliminary
Objections to Plaintiffs Second Amended Complaint for the following reasons:
MOTION TO STRIKE INCLUSION OF
AN ADDITIONAL PLAINTIFF AFTER THE
STATUTE OF LIMITATION HAD EXPIRED
I, This is a case that allegedly arises as a result of an.incident that
occurred on November 7, 1998 at the Claremont Nursing Home in Carlisle, Cumberland
County, Pennsylvania.
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2. Plaintiff originally brought this action by filing a Writ of Summons
on October 13,2000 listing Hilda M. Stewart as the attorney, A copy of the Writ of
Summons is attached hereto as Exhibit "A".
3. On November 1, 2000, a Praecipe was filed by Defendant,
Claremont, for the issuance of a Rille for Plaintiff to file a Complaint. Said Rule was
served on Hilda M. Stewart, as attorney for Plaintiff on November 4, 2000. A copy of
the Affidavit of Service is attached hereto as Exhibit "B".
4, Plaintiff filed an original Complaint on or about November 20,
2000, A copy of the Complaint is attached hereto as Exhibit "C".
5. Plaintiff filed an Amended Complaint on November 27,2000. A
copy of the Amended Complaint is attached hereto as Exhibit "D".
6. On December 6, 2000, Defendant, Claremont, filed Preliminary
Objections to the Amended Complaint.
7.
On December 13, 2000, Plaintiff filed a Second Amended
Complaint. A copy of the Amended Complaint is attached hereto as Exhibit "E". The
Amended Complaint included, for the first time, in the caption, "Deanna K. Collins" as a
party plaintiff. Deanna K. Collins never filed an action against Defendant, Claremont,
nor does she have any standing in her own right to do so, and any reference to Deanna K.
Collins as a party plaintiff in this action should be stricken.
WHEREFORE, Defendant, Claremont, respectfully requests that any
reference to Deanna K. Collins as a party plaintiff to this matter be stricken.
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MOTION TO DISQUALIFY
DEANNA K. COLLINS FROM REPRESENTING
THE ESTATE OF GEORGE G. STEWART
8. Deanna K. Collins has represented herself as the
attorney/representative of the Estate of George G. Stewart.
9. Deanna K. Collins is not a party plaintiff to this suit and is not a
licensed attorney in the Commonwealth of Pennsylvania.
10. Deanna K. Collins is not entitled to appear before this court to
represent the Estate of George G. Stewart. Deanna K. Collins is attempting to practice
law in the Commonwealth of Pennsylvania, which constitutes an action that is the
unauthorized practice of law and should be immediately stopped and prevented by this
Court,
WHEREFORE, Defendant, Claremont, respectfully requests that an
order be issued to stop Deanna K. Collins unauthorized practice of law and representation
of the Estate of George G. Stewart and that the Plaintiff, Estate of George G. Stewart, be
granted time to obtain an attorney to represent it.
PETERS & W ASILEFSKI
By:
Charles E. Wasilefski, Esquire
Attorney # 21027
2931 North Front Street
Harrisburg, PA 17110
[717] 238-7555
Attorney for Defendant,
Claremont Nursing and Rehabilitation
Center
Date: January 11,2001
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CERTIFICATE OF SERVICE
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This is to certify that I, Pamela J. Crum, a Legal Assistant in the law offices
of Peters & Wasilefski, have this \ \ day of ~~<;L,- ,2001, served a true and
~
correct copy of the foregoing PRELIMINARY OBJECTIONS OF DEFENDANT,
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CLAREMONT NURSING AND REHABILITATION CENTER, TO PLAINTIFF'S
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SECOND AMENDED COMPLAINT upon all parties by depositing same in the United States
mail, first class, postage prepaid, addressed to the counsel of record as follows:
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Deanna K. Collins
46 Willow Street
Highspire, PA 17034
~~~,~~~
Pamela J. Crum
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NOli 1 5 2000
PETERS & W ASILEFSKI
By: Charles E. Wasilefski, Esquire
Attorney ill #21027
2931 North Front Street
Harrisburg, P A 17110
Attorney for Defendant
ESTATE OF GEORGE G.
STEWART,
AFFIDAVIT OF SERVICE
IN THE COURT OF COMMON
PLEAS, CUMBERLAND
I
COUNTY, PENNSYLVA!lnA c..":)
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CIVIL ACTION - LA W~q ~
No: 00-7081 Civil Ter~~
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JURY TRIAL DEMAND@ . N
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Plaintiff
vs.
CLAREMONT NURSING AND
REHABILITATION CENTER,
Defendant
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This is to certify that I, Charles E. Wasilefski, Esquire, an
attorney in the law offices of Peters & Wasilefski, have served upon Plaintiff, a Rille to
File Complaint by depositing same in the United. Btate.s.mail'ufrrst class, postage
prepaid, certified mail #7099 3400 0013 3869 5227. Service has been made as
evidenced by PS Form 3811 attached hereto and marked as Exhibit "A".
Rille mailed 11/03/00 addressed as follows:
Hilda Stewart
1296 Warwick Road
Camp Hill, PA 17011
~~.
Charles E. Wasilefski
:\
I
Sworn and subscribed to before me
this \0 day 0~~~~~'\.A.- ,2000.
~~~ ~~~---
Notary Public ,
M .. 'I Notarial Seal
y comrmSSlOn expIres . Pamela J. Crum, Notary PubUc
HarrisbUlg, Dauphin County
My Commission Expires Aug. 24, 2004
Mamber, pannsylvenial\SSOCiationotNotal1ea
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CERTIFICATE OF SERVICE
This is to certify that I, Pamela J. Crum, a Legal Assistant in the law
offices of Peters & Wasilefski, have this \~ day ~~~"-\\...-- , 2000, served a true
and correct copy of the foregoing AFFIDAVIT OF SERVICE upon all parties by depositing same
in the United States mail, first class, postage prepaid, addressed to the counsel of record as
follows:
Hilda M. Stewart
1296 Warwick Road
Camp Hill, PA 17011
~~~~~
Pamela J. Crum
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Exhibit A
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Complete items 1, 2, and 3, Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiec8,
or on the front if space permits.
1. Article Addressed to:
\,}".\ ~ t.... S. \. ,"~~'L\
\'d.. ~ \.t. \..~~'L~'I...."" ~cJ.,...
~~~\:\~\ ~? \\~\\
3. Service Type
't5( Certified Mail
D Registered
o Insured Mail
Q Express Mail
D Return AEKleipt for Merchandise
OC.O.O,
4. Restricted Delivery? (Extra Fee)
o Yes
2. Article Number (Copy from service label)
. \CCJ..C\ ~~~<::lOO\~ ~\O<\ ~d...d.\
PS Form 381 1', Juiy 1999 Domestic Return Receipt
1P2595.99.M~ 1789 .
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Deanna K. Collins
46 \'Iillow Street
Bighspire,Penna. t703~
DEANNA K. COLLINS-Trustee ad litem
for the ESTATE OF GEORGE G. STEWART
IN THE COURT OF COMMON PLEAS
OF CUwffiERLAND COUNTY,
PENNSYLVANIA
Plaintiff in Pro Per
CIVIL ACTION-LAW
No: 00-7081 Civil Term
vs.
CLAREMONT NURSING AND REHABILITATION
CENTER
COMPLAINT OF WRONGFUL DEATH
AND MEDICAL NEGLIGENCE
Defendant
I,DEANNA K. COLLINS,acting as TRUSTEE ad litem for the ESTATE OF
GEORGE G. STEWART,REQUESTS THIS COURT TO PROCEED WITH A TRIAL BY JURY
in the above COMPLAINTS OF WRONGFUL DEATH AND MEDICAL NEGLIGENCE
REGARDING THE DEATH OF GEORGE G. STEWART who was a former Eesident of
the above mentioned nursing home facility, and deceased on November 9,1998
due to the following allegations:
1. All CLAREMONT ~mRSING AND REHABILITATION CENTER'S
Nursing Staff ....were NEGLIGENT in providing proper care to
GEORGE G. STEWART from the time of entry into this facility and throughout
his very short stay as a resident from November 2,1998 until the early
morning hours of November 8,1998.....after which time this man was
transferred to Carlisle Hospital's Emergency Room.
"
2. The AdmtS~ie~ Office of CLAREMONT NURSING AND REHABILITATION CENTER
failed to verify a correct phone number of Mr. Stewart's primary legal
heath advocate-his wife Hilda Stewart on entry into this facility
November 2,1998.
3. The Physicians contracted by this nursing home facility failed to
properly evaluate or monitor GEORGE G. STEWART'S medical condition
both upon an Initial Physical Exam conducted by this facility on
November 4,1998 and during Mr. Stewart's declining health circumstances
which were-acted upon from the evening of Noveuiber~'iil!l98 untilPae
early A.M. (morning) hours of November 8,1998.
-
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/4. The following LicenseQ=iursing S~AFF of CLARE~ONT=,JRSING AND
REHABILITATION CENTER ACTED WITH MEDICAL NEGLIGENCE AND USED IMPROPER
MEDICAL JUDGEMENT IN the care of GEORGE G. STEWART on the evening of
November 7,1998 untirthe early AM hours of November 8,1998 whereupon
Mr. Stewart was transferred to Carlisle Hospital's Emergency Room.
,
ROSEMARY DAILEY BATHAVIC,LPN
BARBARA ANN BAER, LPN
r~SHA FORSTER,RN
JEAN WADE,RN
2)~ The following Physicians contracted by CLAREMONT NURSING AND
REHABILITATION CENTER WERE BOTH MEDICALLY NEGLIGEN~.AND USED IMPROPER
JUDGEMENT WHILE CARING FOR GEORGE G. STEWART who resided as a resident
of this facilitYI
Michael Gawlas,DO
of Good Hope Family Physicians
As a result of the combined acts of MEDICAL NEGLIGENCE the
John Charles SChiro,MD
ESTATE OF GEORGE G. STEWART CHARGES THE CLAREMONT NURSING AND
REHABILITATION CENTER with the WRONGFUL DEATH ACT:I:ON and the
GROSS MEDICAL NEGLIGENCE of care which:resulted in the untimely death
of Mr. George G. Stewart on November 9,1998.
Wherefore the Plaintiff-Trustee ad litem.DEANNA K. COLLINS
prays.' for uJUDGEMENTAGAINST 0LkREMONT NURSING AND REHABILITATION CENTER
-
in the amount of $ 250,000. . ~/J__'.1T:7i'! .
Signedl~K~~ /:~<..;T..~ '
Date I 7JEANN4.CoLUNS I/~ o.J~
'-fUV d-O) "'00
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TRUE COpy FROM RECORD
In TesthIlOl1jWll8r8Of, thQunto_my hant
............... ~
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)eanna K. Collins
46 Jillow Street
Highspire,Penna. i7034
for the ESTATE OP GEORGE G. STEi'lART
IN THE COURT OF COMMON PLEAS
CF CUI/IBERLAND COUNTY,
PENNSYLVANIA
DEAnNA K. COLLINS-Trustee ad litem
CIVIL ACTION-LA\'!
No: 00-7081 Civil Term
,l/-m e:N D f3:-j)
COMPLAINT OF WRONtG?UE~DEl\,Jr:'-!
AND ~lliDICAL NEGLI~ENt~ I
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I,D~ANHA K. COLLINS,acting as '~'RUS'L'EE ad litem for the ESTATE;:6E ~
J:; Ci ~
GEORGE G. STEJART,REQUESTS THIS COURT TO PROCEED WITH A THIA:L, $'2.roEf.?';',
:?~ Ul ~
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in the above COl@LAINTS 01" WROiiGFUL DEATH AND I,JEDICAL NEGLIGENCE ~
Plaintiff in Pro Per
vs.
CLAREfilOHT NURSING AND REHABILITATION
CeN'TER
Defendant
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.';E;GARDIiIG THE DEATH OF GEORGE G. S'TE:lA;qT who was a former pesident of
the above mentioned nursing home facility, and deceased on November 9,1998
due to the following allegations:
1. All CLARElvlONT !mRSIi'iG AND REHABILI'TA'i'ION CENTEi\/.s
iiursing ::. taff .... were N2GLIGeNT in providing proper care to
GEORGE G. STE.1ART from the time of entry into this facility and throughout
his very short stay as a resident from November 2,1998 until the early
/
morning hours of November 8,1998.....after which time this man was
transferred to Carlisle Hospital's Emergency Room.
2. The Adm,l,5$ll.Clln(. Office of CLAREr,IONT I'iURSH:G AND REHABILITATION CENT:::R
failed to verify a correct phone number of ~k. Stewart's primary legal
heath advocate-his wife Hilda stewart on entry into this facility
;,Qvember 2,1998.
3. The Physicians contracted by this nursing home facility failed to
properly evaluate or monitor GEORGE G. STEWART'S medical condition
both upon an Initial Physical Exam conducted by this facility on
November 4,1998 and during Mr. Stewart's declining health circumstances
which were acted upon from the evening of November 7,1998 until ~ae
early A.h1. (morning) hours of November 8,1998.
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Jeanna K. Collins
46 Jillow Street .
Highspire,Penna. i70J4
for the ESTATE OF GEORGE G. STEdART
Hi THE COURT OF COhlMON PLEAS
OF CU"ffiERLAND COUNTY,
PENNSYLVANIA
DEANNA K. COLLINS-Trustee ad litem
CIVIL ACTION-LAIi
No: 00-7081 Civil Term
It tn C-N D f3.-j)
COMPLAIHT OF VlRONlG?UJiSDEk?r:'-!
AND MEDICAL NEGLIG.ENC-:a. .'
. .....,."
~~. ~
I.D.JANNA K. COLLIHS,acting as ';:RUSnE ad litem for the ESTATEr~E -,;;.
~t;:C) ~
GEORGE G. ST:2:.iART, REQUESTS TiUS COURT TO PROCEED '!lITH A 'I'iUA:L :$i'2JUrfiJ
2:, "Jl
in the above COUIPLAINTS 0:2 WROiiCFUL mATH AND ME:DICAL NEGLIGENCE 2. .-
Plaintiff in Pro Per
vs.
CLAREMONT NU,"SING AND REHABILITATION
CENTER
Defendant
,UGARDIiIG THi:: DEATH OF GEORGE G. S'rE:lART who was a former l?esident of
the above mentioned nursing home facility, and deceased on November 9,1998
due to the following allegations:
1. All CLAREMONT !:DRSING ,um REHABILITA'i'ION CENTE;~I S
.. . COt"'f
uurslng ..... a..L . . . . were
NEGLIGENT in providing proper care to
GiOORGE G. STEJART from the time of entry into this facility and throughout
~is very short stay as a resident from November 2.1998 until the early
-
morning hours of November 8,1998.....after which time this man was
transferred to Carlisle Hospital'S Emergency Room.
2. The AdmlS5a.G)~ Office of CLAREI,lONT NU:qSIf.:G MID REH..'\,BILITATION CENT:::R
failed to verify a correct phone number of Mr. stewart's primary legal
heath advocate-his wife Hilda Stewart on entry into this facility
;,ovember 2,1998.
J. The Physicians contracted by this nursing home facility failed to
properly evaluate or monitor, GEORGE G. STEWART'S medical condition
both upon an Initial Physical Exam conducted by this facility on
j;ovember 4.1998 and during Mr. Stewart's declining health circumstances
which were acted upon from the evening of November 7,1998 until ~ae
early A.M. (morning) hours of November 8,1998.
" ~
-
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4. The following Licens.ea Nursing S'fAFF of CLAREI,;ON~W"SING AND
iL::E~,BILITATION CENTE:::\ ACTED;/ITH r.TEDICAL NEGLIGENCE Al'm USED IMPROPER
;:':EDICAL JUDGEMENT IN the care of GEORGE G. STE/iART on the evening of
November 7,1998 untifthe early AM hours of November 8,1998 whereupon
",r. Stewart was transferred to Carlisle Hospital's Emergency Room.
ROSE~~~Y DAILEY BATHAVIC,1PN
MARSHA FORSTER, RN
BARBARA Al'fN BAER,LPN
JEAN WADE,RN
J~ The following Physicians contracted by CLAREMONT NURSING AND
REHABILITATION CENTER "IERE BOTH MEDICALLY NEGLIGEN!I' AIm USED IMPROPER
JUDGEi,TEiIT 'iiHILE CARING FOR GEORGE G. STEWART who resided as a resident
of this facility:
~ichael Gawlas,DO
of Good Hope Family Physicians
As a result of the combined acts of ~TEDICAL NEGLIGENCE the
John Charles Schiro,r,TI)
ESTATE OF GEORGE G. STENART CHARGES THE CLAREMONT NURSING AND
REHABILITATION CEI'I'rER with the WRONGFUL DEATH ACTION and the
GROSS MEDICAL NEGLIGENCE of care which resulted in the untimely death
of ~r. George G. Stewart on November 9,1998.
',iherefore the Plaintiff-Trustee ad li tem,DEANNA K. COLLINS
-
prays for JUDGElftCNT AGAINST CLAREMONT NURSING A,i'lD REHABILITATION CENTER
i~ the amount of '" 250,000. . f ~
-~gned:~K-C!tLQlu4 / <..T~., f1.'h,
Date: ])E.ffNAi4,(o(.l./NS l/~ (){}.vU-.{.~
'--/Ui/ ')-If) ')8 00
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IN ,THE COURT OF COMMON PLEAS.
OF CUMBERLAND COUNTY,PENNSYLVANIA
1 Courthouse Square,Carlisle 17013
DEANNA K. COLLINS- Trustee ad litem
for the
ESTATE OF GEORGE G. STEWART
Plaintiff In Pro Per
SUMMONS IN A CIVIL CASE
Case Number: 00-, loll/
VS.
DEMAND TRIAL BY JURY
CLAREMONT NURSING AND REHABILITATION CENTER
Defendant
TO: Claremont Nursing and Rehabilitation Center
375 Claremont Drive
Carlisle,Pennsylvania 17013
YOU ARE HEREBY SUMMONED and requested to serve upon Plaintiff's Attorney
or(Legal Counsel):
DEANNA K. COLLINS-Plaintiff In Pro Per
46 Willow Street
Highspire,Pennsylvania 170~4
an ANSWER to the complaint received by your ATTORNEY for Defendant,
".1., {II]
Charles E. #asilefski,Esq......within ~ days after service of
both the COMPLAINT of MEDICAL NEGLIGENCE AND WRONGFUL DEATH and this
SUMMONS,exclusive of the day of seBvice. If you fail to do so,judgment
,
by default will be taken against you for the relief of the complaint
in the amount of $o?J{~ {){Hl
/'
the Glerk of the Court within a reasonable time after service.
. You must also file your answer with
Da te: 'li.~'2-)-e?1 J0.v v:::< ;: .y (c Ch) "'.
(~'),' '/;1' .' - L
Signed: /yffCl--T1/7if~ j(/ ( {c.[ (.,0
DEANNA K. COLLINS
Plaintiff In Pro Per
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TRUe copy FROM'RECORO
In TesttmonY Wh8OJOf1 11Jefe'_~my ItarIo
'....tf....~.,.rt,~...;.at, '~........~.I'L
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HILDA B. STElvART-EXECUTORIX of the
ESTATE OF GEORGE G. STEWART
IN THE COURT OF CO~~ON PLEAS
AND DEANNA K. COLLINS--Plaintiffs In Pro Per
FOR CUMBERLAND C@NT5 q
'"
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PENNSYLVANIA ~?] .,
CIVIL ACTION-~'Vti w.__
j3;;,--._ 2:;:~
NO I 00-7081 Ci~fj T~m .....~~
it 2::::::4
~NDED COMPLAmT U ~
VS.
CLAREMONT NURSING AIfD REHABILITATION CENTER
rr~UE copy FROM REC(J)~ndant
1n -r~'--<'~'kfj'V;'~l "-tt~',.~"ra":l-^f ~ Mfe u\i1to'~i ~!:y ~nd : ~------
:: .:;~;,:,::;.::';,::; ,;:,:,.., ~. ,;~' "1" . MEDICAL NEGLIGENCE AND
dp-_-" u:;8 ~, i~~ ;~.':J \"f.;....n ..i. ~#~h~~e_} ~~~
ibis {f :;\$'1 ~(~J....: - ;2/nl-O . V{R._~~cii~~~'~~.~. D-~,::: 1~':y:J-H>(;
_-Y' 0., ~_;q~ u -
I Pmthonotar;, I *DETlIAND TRIAL BY JURY
fr1l}.6NJJ6-/) fO;1/;J / tJ);rrr~: I~ r4~cJ
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I,HILDA B. STEWART,and I,DEANNA K. '::OLLINS, acting jointly as Plaintiffs
In Pro Per for the ESTATE OF GEORGE G. STEWART, Requests this court to
proceed with a Trial By Jury regarding a Complaint of two causes of action
(1) ~nEDICAL NEGLIGENCE and (2) WRONGFUL DEATH for the death of
N~. GEORGE G. STEWART,who was a former resident of Claremont Nursing and
Rehabilitation Center,of Carlisle,Pennsylvania, who died November 9,1998.
The Plaintiffs of this Estate charge this nursing home facility with the
following allegations.
1.The Admission's Office failed to verify a correct telephone number of
Hilda B. Stewart(wife) the Primary Legal Medical Health Advocate of
Mr. Stewart upon admission to this faciltiy......there was no phone number to
reach Mrs. Stewart until this gentleman was in declining health.
(11/7/1998) aprox. 8,25 pm. when this facility had to call Mr. Stewart's
daughter to provide the corrected phone number of Hilda B. Stewart(wife),
The Estate alleges Negligen~...;rmproper admission procedures in the delay
of emergency treatment of Mr. Stewart.
2. Nursing Staffw.as Negl~gent -failed to ,Provide an ~nitial NURSING QARE PLAN
after admission to this faciltiy to ensure the Nursing Needs of this
resident were met -------Especially regarding the HIGH RISK POTENTIAL for
INFECTION of this elderly man who had EMPHYSEMA at admission.
(i 'I
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:?, All Claremont Nursing Staff that were to care fOr this man often left
him unattended in the T.V. Dayroom.....since he was basically independent and
a minimum care resident. The ESTATE Alleges that very little medical or
nursing care was given ~~. Stewart from 11/2/1998...Admission date to
11/7/1998 when he was beginning to decline in health. This elderly man was a
HIGH RISK for INFECTIONS and should have been monitored for the Sy~ptoms
of Pnuemonia which the ESTATE alleges the facility failed to notice any
Symptoms until Mr. Stewart had to be placed on Oxygen and put into bed
at 11/7/1998 aprox. 8:10pm........The facility was Negilgent in(l) Failu~e
, ,
to'"Ae.al:hze the Significanct.rii",tiQi-' in Medical Condition (2) Failure to
Immediately call Hilda B. Stewart (wife) after calling daughter at aprox.
8:25pm....it was not to be assumed the obligation of Ms. Collins to
intercede in the notifying of Hilda Stewart. Also On several occasions
both Hilda Stewart and Deanna COllins(daughter) telephonedW~. Stewart."."
he mentioned he was unattended and sitting in the T.V. Dayroom......this is
noted within the Nursi~g notes. 11/2/1998 aprox. 8:12pm when Hilda Stewart
spoke to her husband and another time on 11/,,1998 aprox. 4pm when
Ms. Collins spoke to her father to tell him he was coming to live with her.
Mr. Stewart was also in Dayroom noted 11/3/1998 aprox. 8am. in the nursing
notes. The aides and Nurses on duty often were too busy to properly
observe changes in medical status......this is the allega$ion of the Estate.
I:f.The Physicians contrated by this facility as so called"House Doctors"
failed to properly Evaluate George Stewart's medical condition upon the
facility admission physical given by Dr. Michael Gawles 11/4/1998.
The Estate alleges..... ..11/2/1998 Nurses" Note Entry states Dr. Gawles
perscribed medications for Mr. Stewart without first seeing this new
resident. Mr. Stewart was later given a physical by Dr. Gawles 11/4/1998
aprox. 11:15am.Dr. Gawles perscribed two(2) Contradictory medications
HALDOL and SINENIET..b1tYuA~. He also diagnosed Mr. Stewart with
P k. D wh1.ch I!r Stewart never had.lal No CAT-Scan or
ar l.nsons isease... . . . . . . . 1'.
testing was done .tb, ~ PA-AA/;',""y tdt~we:., /.... I
"'.llt;;;
. The Estate alleges the new medications prescribed were an assumption of
r- MT. Stewart having.parkinsons Disease.
Also...Hilda Stewart(wife) was
,
never told of the medication changes or the fact that Mr. Stewart could
have received medical care from his own medical doctor, this was a vio~tion
of Mr. Stewart's Patient Rights.
~.It is also noted that on 11/7/1998 aprox. 8:10pm Dr. Schiro was called
during the Emergency..... .this Physician t,was'-the"On:::Call" physician for
the facility medical group........the Estate alleges this doctor
was Negligent in providing immediate care for brr. Stewart who was a
HIGH RISK for INFECTIONS. .....this p~ysiefuan failed to visit Mr. Stewart
acting only on the "Hear-say" information of Claremont's Nursing staff
and ~ailed to prescibe antibiotics immediately or admitting Mr. Stewart
to a hospital for further medical attention.
JT, Therefore, the Estate alleges Claremont Nursing home facility Physicians:
Dr. Michael Gawles and Dr. John SChirowere-,Negligenif;.in providing proper
medical care for Mr. Stewart from 11/2/1998 to 11/8/1998 aprox. lam.
jeopordising the Health-life safety of George Stewart and violating his
Patient Bill of Rights by the facility to provide I~. Stewart with care by
his own doctor.....and Notifying Kilda Stewart(wife) of any new medication
changes.
~ The following Licensed Nursing Staff of Claremont acted
. ~egl~genCe during the Emergency Situation beginning on the
with Medical
evening of
11/7/1998 aprox. 8:10pm until 11/8/1998 aprox lam.:
ROSEMARY DAILEY BATHAVIC,LPN
BARBARA ANN BAER, LPN
MARSHA FORSTER,RN
JEAN WADE, RN
BARBARA ANN BAER,LPN- Charge Nurse and Jean Wade-3pm shift supervisor failed
HI'''''
to realize the immediate significance of declining health of Thrr. Stewart
who previously as noted was an J[ndependent ambulatory resident.ll/7/1998
aprox. 8:10pm ~~. Stewart had to be put into bed and placed on Oxygen.
. . 1 noted that ~~. Stewart was loosing his concious
At this time lot l.S a so
(~) (2) t 3 to llpm Nurses were Neglegent in
responsiveness ~ These wo pm
/38 N II ~x. Stewart's blood
responding to a falling blood pressure' 72 . orma y
(::{)
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, c' ~"""'-It!"
was within the range of 118/60-58. This was almost 40% percent loss of
blood pressure. Still these Nurses failed to realize an emergency.
The Estate alleges the Claremont Nursing staff was negligent
in J,-CTING,.UPON A medical emergency at *8'10pm 11/7/1998 for
George Stewart...by Barbara Ann Baer,LPN and Jean Wade,RN.
1', lip. to 7am 11/7/1998 to 11/8/1998 The Estate alleges ROSE~ARY DAILEY
BATHAVIC,LPN was Negligent in providing I~llliDIATE RESCUE NURSING CARE
to Mr. Stewart from 11/7/1998 aprox. 11:15pm when lf~. stewart was found
without audible blood pressure until 12'30~m when RN Shift Supervisor came
to evaluate Mr. Stewart's medical condition. Ms. Bathavic breached her
nusring duties by failing to give immediate erR or call 911 for an ambulance t
transport trr. Stewart to a hospital emergency room. Ms. Bathavic
by her Medical Negligence to provide immediate rescue measures caused
severe,irreversible body system damages to Mr. Stewart resulting in the
later diagnosed Pnuemonia to be considered over-whelming and untreatable.
Ms. Bathavic is charged with the specific "Wrongful Death Action" by
her ACTS of O~WITSSION to provide any Rescue Nursing care for Mr. Stewart
and making any future rescue.attempt to save this man's life impossible.
Therefore, it is the Estate's allegation that by Ms. Bathavic's Negligence
and Breach of Nursing Duty to perform Rescue Measures that lf~. George
Stewart's death was caused by this nurse's specific ACTS of Ommission
of Nursing Care. fJ1/<, StEWJtt-r WA.s' A- "FU/! ('OlJ/i If ~~,
iO, Also the Estate alleges that Marsha Forster,RN llpm to 7am Shift Supervisor
was Negligent to also provide Ir~illDIATE RESCUE Measures for W~. Stewart.
At the time of this nurse's evaluation of Mr. Stewart.......this man had
layed aprox. 1 hour and 45 minutes......11/7'98 11:15pm t012'30iJ,m(11/8/'98
"without Audible Blood Pressure". Still this Registered Nurse continued to
evaluate his status........not calling 911 immediately to send this man
to the hospital. Marsha Forster,RN. was negligent in calling Hilda Stewart
and Dr. Schiro immediately........both were later called.:........".:.';..
;!.Udll St"~warT called aprox/<~jtf$AMl'lgf, Sl8 and'Dl1:.. John Schiro called
a 1; aprox. lam 11/8/' 98. ()
11_.
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j/. The Estate alleges both ROSEMARY DAILEY BATHAVIC,LPN MiD W~SHA FORSTER,RN
of Claremont facility were Negligent in providing Immediate Rescue Care
for brr. Stewart. However, by the time Ms. Forster,RN arrived to evaluate
N~. Stewart's medical condition......the DAMAGES were already done
while Mr. Stewart previously lay 1 Hour and 15minutes under Ms. Bathavic's
Duty as D-\HNG CHARGE NURSE
being in a COMATOSE condition without
AUDIBLE BLOOD PRESSURE ~The Estate charges the entire Nursing Staff
noted in the.Medical_Records of Claremont Nursing and Rehabilitation
Center with Medical Negligence in providing adequate Nursing care to
ensure the ~edical eafetyand tr~}t-~~. GEORGE G. STEWART,resident of
this nursing home. By Breach of NURSING Duty to perform Nursing Care
in an Emergency situation with the Standards of Care expected of the Staff
Nurses .;. iand"ONegligence of-'thefacilitY,:PJiyBlIeIAH!i to evaluate Mr.
George G. Stewart's medical status during his entire brief stay at this
nursing home facility both during an admissions physical exam 11/4/'98
by Dr. Gawles and the Emergency Situation the night of 11/7/'98 tOll/8/'98
by the "On-Qall" doctor- Dr. Schiro.......the Estate of George G. Stewart
charges Claremont Nursing and Rehabilitation Center with the
CObffiINED ACTS OF MEDICAL NEGLIGENCE which it alleges caused the DEATH
of ~ffi. Stewart who died 11/9/1998 at ~:29am. Therefore, the Estate of
George G. Stewart charges Claremont Nursing and Rehabilitation Center with
the WRONGFUL DEATH ACTION...also.
As a result of the COr,ffiINED ACTS OF il'iEDICAL NEGLIGENCE the ESTATE OF
GEORGE G. STEWART CHARGES CLAREMONT AND NURSING Rfu~ABILITATION CENTER
WITH .(1) illeDICAL_NEGLIGENCE causing the (2) WRONGFUL DEATH ACTION
which resulted in the Death of Rk. Stewart.
wherefore the Plaintiff~...Hilda B.
Stewart-Executorix(wife) and
Deanna K. Collins(daughter) pray for a JUDGEr~NT against CLAREMONT
(z;)
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NURSING 1UiD REHABILITATION CENTER IN THE AblOUNT OF
:I JSO OOl)
feeling this amount is just and proper since Mr. George G. Stewart,
inspite of his age of 82 years,....was a contributing person to
society via his SONGWRITING accomplishments which are copyrighted in the
Library of Congress, Washington,D.C.........These compositions were
to be'Used in professional recordings......this is a sijllificant loss to
the is tate in that some of the music was incomplete and,:could have been
finished in his life time. lf~. Stewart was still competent in thinking
capacity.
~d'Xjt:--e~ ~, ;U-Pt/~
U~~ (!~
, EXECUTOR IX (wife)
. I
f/aIY};/!f..z.;, PN Pet?..
,(daughter)
Date ,~/.1/;J&&o
Cf, )
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VS.
, IN THE COURT OF COMMON PLEAS
\
) FOR CUrlIBERLA.i'lD COUNTY
( PENNSYlVANIA.
) CIVIL ACTION-LAW
( NO: 00-7081 Civil Term
HILDA B. STEWART-EXECUTDRIX
for the ESTATE OF GEOR'GE G. STEWART
AND DEANNA K. COLLINS .--Plaintiffs IN PRO PER
CLAREMONT NURSING AND REHABILITA.TION CENTER
Defendant
) ,gID'\/V1~ IN A
(
CIVIL
LAWSUIT
*1>~A<j<.f d
7f?/1ti-B$ JUIUf
TO, Charles E, Wasilefski,Esq.
2931 North Front Street
Harrisburg, Pennsylvania 17110
I, HILDA B. STEWART,EXECUTORIX of the ESTATE OF GEORGE G. STEWART and
I, DEANNA K. COLLINS,daughter, Serve upon the Defendant-CLAREMONT NURSING
AND REHABILITATION CENTER-S attorney of Counsel: Charles E. Wasilefski,Esq.
a Certified Copy of the AlllliNDED COh~LAINT for If!EDICAL NEGLIGENCE AND
WRONGFUL DEATH..........DATED December 12,2000 and a Letter of Summmns.
Your client, CLAREMONT NURSING AND REHABILITATION CENTER OF CARLISLE,
l' ~57) Of) 0
is being sued in the amount of
PENNSYLVANIA
for bffiDICAL NEGLIGENCE AND WRONGFUL DEATH.
For Judgement
Your response to this action is requested by submitting an ANSWER to
the Court wi thin ,..;< () DAYS of SERVICE of this COb~LAIN'L' ~d 5UmfJ1(}l1s
-
sending a copy also to the Plaintiffs IN Pro.per to the address below:
HILDA B. STEWART-EXECUTORIX
c/o DEANNA K. COLLINS
46 Willow Street
Highspire,Penna. 17034
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ESTATE OF GEORGE G.
STEWART,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
J,>laintiff
v.
: CIVIL ACTION - LAW
CLAREMONT NURSING
AND REHABILITATION
CENTER,
Defendant
: No. 00-7081 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT,
CLAREMONT NURSING AND REHABILITATION CENTER,
TO SECOND AMENDED COMPLAINT
BEFORE HOFFER, P.J., OLER and GUIDO, JJ.
ORDER OF COURT
AND NOW, this 9th day of April, 2001, it is ordered and directed as
follows:
1. A Rule is issued upon Plaintiff to show cause why Defendant is not
entitled to the relief requested in its preliminary objections;
2. Plaintiff shall file an answer to the preliminary objections within 21 days
of the date of this order;
3. The preliminary objections shall be decided in accordance with the
procedures ofPa. R.C.P. 206.7;
4. Depositions shall be completed within 49 days of the date of this order;
5. Argument shall be held on Monday, June 25, 2001, at 3:45 p.m., in
Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania.
7. Briefs shall be submitted at least seven days prior to argument.
BY THE COURT,
V!~..I\~''\lASN\!7:;d
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Hilda B. Stewart
1296 Warwick Road
Camp Hill, PA 17011
Deanna K. Collins
46 Willow Street
Highspire, P A 17034
Charles E. Wasilefski, Esq.
2931 North Front Street
Harrisburg, PA 17110
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ESTATE OF GEORGE G.
STEWART,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
v.
: CIVIL ACTION - LAW
CLAREMONT NURSING
AND REHABILITATION
CENTER,
Defendant
: No. 00-7081 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT,
CLAREMONT NURSING AND REHABILITATION CENTER,
TO SECOND AMENDED COMPLAINT
BEFORE HOFFER, P.J., OLER and GUIDO, JJ.
OPINION and ORDER OF COURT
This case, commenced in 2000, arises out of the alleged negligence of
Defendant Claremont Nursing and Rehabilitation Center in caring for George G.
Stewart, deceased. The alleged negligence purportedly occurred on several
occasions during the decedent's stay at Defendant's facility from November 2,
1998, through November 7, 1998; the decedent died on November 9, 1998,
according to the complaint.' The decedent's personal representative, Hilda B.
Stewart, initiated this suit. For disposition at this time are Defendant's preliminary
objections to a second amended complaint.
Based upon the lack of evidence in the record, and for the reasons stated in
this opinion, an order will be entered to facilitate development of a record for
purposes of consideration of the preliminary objections.
PROCEDURAL HISTORY
This action was commenced by the filing of a praecipe for writ of summons
on October 13, 2000. A complaint was filed on November 20, 2000. On
November 27, 2000, an amended complaint was filed, to which Defendant filed
preliminary objections on December 6, 2000. On December 13, 2000, a second
1 Ammended [sic] Complaint of Medical Negligence and Wrongful Death, filed
December 13, 2000.
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amended complaint was filed, to which Defendant agam filed preliminary
objections on January 11, 2001. Briefs were submitted, and argument was heard
on Defendant's preliminary objections to the second amended complaint on
February 14,2001.
STATEMENT OF FACTS
Defendant raises in its preliminary objections the issue of a discrepancy
between the caption of the second amended complaint and the caption that
appeared on the praecipe for writ of summons. The praecipe for writ of summons
is captioned "Plaintiff: ESTATE of GEORGE G. STEWART vs. CLAREMONT
NURSING and REHABILITATION CENTER."z Ms. Stewart's signature as well
as her name and address appear on the praecipe.3
The second amended complaint, on the other hand, is captioned "HILDA B.
STEWART-EXECUTORIX ofthe ESTATE OF GEORGE G. STEWART AND
DEANNA K. COLLINS--Plaintiffs In Pro Per vs. CLAREMONT NURSING
AND REHABILITATION CENTER Defendant.,,4 This complaint refers to Ms.
Collins as a plaintiff at several places.5 Finally, the document is signed "Hilda B.
Stewart, EXECUTORIX (wife) Deanna K. Collins, (daughter) Plaintiff In Pro
Per.,,6
Defendant's preliminary objections to the second amended complaint
include, first, a motion to strike the reference to Deanna K. Collins as an
additional plaintiff in the caption of and throughout the second amended
2 Praecipe for Writ of Summons, filed October 13,2000.
3 fd.
4 See Ammended [sic] Complaint of Medical Negligence and Wrongful Death. The
original and first amended complaints are captioned "DEANNA K. COLLINS-Trustee ad
litem for the ESTATE OF GEORGE G. STEWART Plaintiff in Pro Pervs.
CLAREMONT NURSING AND REHABILITATION CENTER Defendant."
5 See Ammended [sic] Complaint of Medical Negligence and Wrongful Death.
6 fd.
2
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complaint.7 Defendant argues that Ms. Collins may not be brought in as an
additional plaintiff subsequent to the expiration of the applicable statute of
limitations.s Second, Defendant's preliminary objections include a motion to
disqualifY Ms. Collins from representing the estate of George G. Stewart. 9
Defendant asserts that, because Ms. Collins is neither a party nor a licensed
attorney, her representation of the estate constitutes the unauthorized practice of
law.10 In a responsive brief, it is asserted that Ms. Collins is authorized to represent
the estate in that at some point Ms. Stewart withdrew as personal representative of
the decedent, and Ms. Collins was appointed thereafter as the decedent's personal
representative.ll The record, however, contains nothing to support and chronicle
these alleged events.
DISCUSSION
With respect to preliminary objections, Pennsylvania Rule of Civil
Procedure 1028(c)(2) provides:
The court shall determine promptly all preliminary
objections. If an issue of fact is raised, the court shall consider
evidence by depositions or otherwise.
The court is of the view that a clearer factual record is necessary for proper
consideration of Defendant's preliminary objections. For this reason, the following
order will be entered:
7 See Preliminary Objections of Defendant, Claremont Nursing and Rehabilitation Center
to Plaintiff's Second Amended Complaint, filed January 11, 2001.
8 See Brief of Defendant, Claremont Nursing and Rehabilitation Center, to Plaintiff s
Second Amended Complaint.
9 See Preliminary Objections of Defendant, Claremont Nursing and Rehabilitation Center,
to Plaintiff's Second Amended Complaint, filed January 11, 2001.
10 ld.
11 See Trial Brieffor Argumentative Hearing, para. 4, dated February 9, 2001.
3
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ORDER OF COURT
AND NOW, this 9th day of April, 2001, it is ordered and directed as
follows:
1. A Rule is issued upon Plaintiff to show cause why Defendant is not
entitled to the relief requested in its preliminary objections;
2. Plaintiff shall file an answer to the preliminary objections within 21 days
of the date of this order;
3. The preliminary objections shall be decided in accordance with the
procedures ofPa. R.C.P. 206.7;
4. Depositions shall be completed within 49 days of the date of this order;
5. Argument shall be held on Monday, June 25, 2001, at 3:45 p.m., in
Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania.
6. Briefs shall be submitted at least seven days prior to argument.
BY THE COURT,
/s/ J. Wesley Oler. Jr.
J. Wesley Oler, Jr., J.
Hilda B. Stewart
1296 Warwick Road
Camp Hill, PA 17011
Deanna K. Collins
46 Willow Street
Highspire, P A 17034
Charles E. Wasilefski, Esq.
2931 North Front Street
Harrisburg, PA 17110
4
'" ...A"
ESTATE OF GEORGE G. STEWART
Plai~tiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
VB.
CLAREMONT NURSING AND REHABILITATION
CENTER Defendant
CIVIL ACTION-LAW
NO: 00-7081 CIVIL TERM
PLAINTIFF1B ANSWER TO ORDER OF COURT dated: April 9th, 200~
RE: Prelilllinary Obj'ectio~s of Defenda!llt,Claremont Nursing: and
Re~abilitation Genter, to Second Amended vomplaint
THE Plaintiff,ESTATE OF GEORG~ G. STEWART, via its r~ntly appointed
new Executrix,!?1!.:ANNA K. COLLINS wishes to inform this Court.......
TlisPLAINTIFF via DEANNA K. COLLINS,bKECUTRIX wi11 '.fend its ri~tful
positiof); to puJi-sue legal actiom agai!llst CLAREMONT NURSING ANDRMABILITATION
CENTER.
T]{IS PLAINTIFF wilI present legal document to establish the followimrg:
1. T~e legal appointmemt6f the original named Executrix,Hilda B. Stewart,
wife of de~edent(Stewart).dated documents...which OPENED this ESTATE.
2. '1'JIie, Rellll1limeiation: forlllS of all .eirs of thilS' said estate _mimrg the lItewJL,
Wi be aPDoilllted. Executrix.,Dea.nna K. Collims..dated docu1lIlemts presentel'll Uhthe
Registrar of W:ilUsjORPIt\N S COURT.
3. The Pocument dated that appointed Ms. Collins as the legal Executrix/
persolllal ~epresentative of this said estate.
4.. TElie origillllal copy of document for filimg the WRIT OF SUMMONS tlntat had
Hilda i. Stewart's name as party for this fili~g.
5. The Leth:!;' from Defemdal!l!t settimg forth the 20:, Da-y RULE TO nLE upo.
wlfdcb !:lEA" K. COLLINS Co_emced tlldllt liep!. j!roced\U'e agaimst ClareaolllJ.t
JM"ursln.g aBd Reinabili tatiollll Center.
ALL FACTS Will be established to justif~ o.ur posictioll>>: to pursue this legal.
action. agaiut ClarelllOll!t Nursing alllld Rehabilitatiollll Cel1liter.
.
DEANNA K. COLLIIlIIS*,newJL, appointed Executrix of the ESTATE OF
GEORGE G. STEWART "lm..!IBFEDl'tWILL. >>11:_>> THE POSITION to pursue legaJL
jjUlsti4e om behalf of heirs of said estate.
lilLDA B. BTEWART(wi:t. of decedemJt) wil1.;ll.e presell!t a~d will. give her
response to this confirmed ataBee.
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ESTATE OF
GEORGE G. STEWART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
CLAREMONT NURSING:
AND REHABILITATION:
CENTER,
Defendant
NO. 00-7081 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT.
CLAREMONT NURSING AND REHABILITATION CENTER.
TO SECOND AMENDED COMPLAINT
BEFORE HOFFER.. P.L and OLER.. J.
ORDER OF COURT
AND NOW, this 28th day of June, 2001, upon consideration of Defendant's
preliminary objections to Plaintiffs second amended complaint, and it appearing that
Plaintiff has since filed a third amended complaint, that Defendant has filed an answer
with new matter thereto, and that Plaintiff has filed a reply, and no brief or appearance
having been filed or made on behalf of Defendant for the argument on June 25, 2001,
Defendant's preliminary objections to Plaintiffs second amended complaint are deemed
moot.
THE RULE issued upon Plaintiff on April 9, 2001, with respect to the preliminary
objections is discharged.
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Hilda B. Stewart
1296 Warwick Road
Camp Hill, PA 17011
Deanna K. Collins
46 Willow Street
Highspire, PA 17034
Charles E. Wasilefski, Esq.
2931 North Front Street
Harrisburg, PA 17110
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BY THE COURT,
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DEANNA K. COLLINS-Trustee Ad litewt
for the ESTATE OF GEORGE G. STEWART
I Plaintiff
: IN THE COURT OF COfl1/Vl ON :rliEAS FIlR
'CUM BERLAND COUNTY,PENNSYLVANIA
:
VS
NO: 00-7081 Civil Ter~
CIVIL ACTION-LAW
Afl'\ ENDED CO /ltPLAINT OF
: (1) rf!\EDICAL NEGLIGENCE and
(2) WRONGFUL DEATH
<HHf* DEMAND JURY TRIAL
CLARE 1111 ONT NURSING AND REHABILITA1'ION
CENTER Defendant
Date: fYIn-A-c II J ~, d-..tHJ/
I,Deanna K. Collins,recently appointed TRUSTEE Ad liteM for the ESTATE of
GEORGE G. STEWART, Charges CLAI-lEP"t ONT NURSING AND REHABILITATION CEN'J'ER WITH
THE FOLLOWING ALLEGATIONS:
j,^ The Ad lII1issions Office Failed to Ved iY a correct telephone nurn ber for
Hilda B. Stewart(wife) ,George G. Stewart's PriMary Legal-Health Advocate.
r
The Estate alledges this action created a proble~~~ later significantly
delayed Evl1.ergency Care for this resident. (Nov.2,1998)
;l~ On Nov.7,1998 at aprox. 8.25p. Jean Wade,RN Supervisor(3p to lip) had to
contact Deanna Collins(daughter) to get a corrected phone nu~ber for
Hilda Stewart(wife). The Estate alle~es the following. (1) Jean Wade,Rn Suprv.
Failed to Properly follow Doctor's Orders given verbally at 8:10p(11/7/1998)
to II>7n1ediately call FaMily.. .regarding the decline of George Stewart's
health status. (2) Failed to Immediately call Hilda Stewart after a correct
phone nu I'Y\ ber was given to her..... Instead this Nurse BREACHED HEE DUTY
again. This Nurse Assul1'\ ed an UN-INFORI"t.Jrn FA1'l\tLY I'ARTY(Deanna Collins)
could relay a ;11ESSAGE NEVER SPOKEN to COLLINS. At 8:25p Jean Wade,RN SUFBRVi.
never told Collins of any decline in health status for George Stewart. This
Nurse never told Collins there was alehange in the vital si~g nor the fact
that George Stewart was loosing conciousness. Therefore, Inspite of the fact
Deanna Collins called Hilda Stewart shortly after Jean Wade,Rn contacted her
there was no'~e~.age to relay to Hilda Stewart via Deanna Collins. Jean Wade EN.
therefore,(B)BREACHED her DUTY to adequate follow Doctor's Order and Failed
to ensure adequate j~ergency Care for George Stewart due to no proper
telephone number for Hilda Stewart being readily avai Jable.
~~ Jean Wade,RN Supervisor failed to take any Emergency Actions while George
Stewart lay in a falling Blood Bressure status frol1'\aprox. Bp (11/7/1998)
until the end of her shift at aprox. 11p (11/7/1998) Therefore this Nurse was
Negligent for aprox. 3 hours.... by herBREACH OF DUTY to act.....per above
mentioned facts.......No Family Party was aware of what was happenin~ to
George G. Stewart until la Nov. 8,1998. (Hilda B. Stewart per docurYIentation)
..LhNursing Staff Failed to provide an INITIAL NURSING CARE PLAN for George
Stewart on Ad,.., ission.This ;(esident was a High-Ris4( for Infection and already
had a Pre-Ad Yl1 ission Diagn03is of JiY\ild l!fl>1physe M a. The Estate alledges
Negligence to be able to Provide adequate care or have on file the necessary
plans needed to ensure physical, emotional a..'1.d /'Y\ ental safety of this
~{esident. Zspeci8;lly ir.l. an g-,..."ergency si-cua-cion.
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Claremont Nursing Staff that were to care for this man often l€ft
unattended in the T.V. Dayroom.....since he was basically independent and
a minimum care resident. The ESTATE Alleges that very little medical or
nursing care was given N~. Stewart from 11/2/1998...Admission date to
11/7/1998 when he was beginning to decline in health. This elderly man was a
HIGH RISK for INFECTIONS and should have been monitored for the Sy~toms
of Pnuemonia which the ESTATE alleges the facility failed to notice any
Symptoms until ~~. Stewart had to be placed on Oxygen and put into bed
at 11/7/1998 aprox. 8'10pm........The facility was Negilgent in(l) Failu~e
, ,
to"Ae.al:ize the .significant€_"'l~Qi-' in Medical Condition (2) Failure to
Immediately call Hilda B. Stewart (wife) after calling daughter at aprox.
8,25pm....it was not to be assumed the obligation of Ms. Collins to
intercede in the notifying of Hilda Stewart. Also On several occasions
both Hilda Stewart and Deanna Collins(daughter) telephonedMr. Stewart"""
he mentioned he was unattended and sitting in the T.V. Dayroom......this is
noted within the Nursi~~ notes. 11/2/1998 aprox. 8.12pm when Hilda Stewart
spoke to her husband and another time on 11/>,1998 aprox. 4pm when
Ms. Collins spoke to her father to tell him he was coming to live with her.
Mr. Stewart was also in Dayroom noted 11/3/1998 aprox. 8am. in the nursing
notes. The aides and Nurses on duty often were too busy to properly
observe changes in medical status......this is the alleg~~ion of the Estate.
6The Physicians contrated by this facility as so called"House Doctors"
failed to properly Evaluate George Stewart's medical condition upon the
facility admission physical given by Dr. Michael Gawles 11/4/1998.
The Estate alleges.......l1/2/1998 Nurses" Note Entry states Dr. Gawles
perscribed medications for Mr. Stewart without first seeing this new
resident. Mr. Stewart was later given a physical by Dr. Gawles 11/4/1998
aprox. 11.15am.Dr. Gawles perscribed two(2) Contradictory medications
HALDOL and S INEMET ..~ d'uJ/ tUul. He also diagnosed Mr. Stewart with
Parkinsons Disease.........which lVlr. Stewart never had.!;T! No CAT-Scan or
testing was done .tb> ~ AMi;",'W 0t~WL, / .... J
.
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. . T~e Estate alleges the new medications prescribed were an assumption of
. .
...- Mr. Stewart having Farkinsons Disease. .~ Also.. .Hilda qtewq.rt(wife) was
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never told of the medication changes or the fact that r~. Stewart could
have received medical care from his own medical doctor, this was a viol.:"rtion
of Mr. Stewart's Patient Rights.
~.It is also noted that on 11/7/1998 aprox. 8:10pm Dr. Schiro was called
during the Emergency ...... this Physician ;-,was'-the"On:::Call'.' physician for
the facility medical group........the Estate alleges this doctor
was Negligent in providing immediate care for Arr. Stewart who was a
HIGH RISK for INFECTIONS. .....this p~ysician failed to visit Mr. Stewart
acting only on the "Hear-say" information of Claremont's Nursing staff
and ~ailed to prescibe antibiotics immediately or admitting Mr. Stewart
to a hospital for further medical attention.
~ Therefore, the Estate alleges Claremont
Dr. Michael Gawles and Dr. John Schiro
Nursing home facility Physicians:
. were -:N egligent4 in providing proper
medical care for r~. Stewart from 11/2/1998 to 11/8/1998 aprox. lam.
jeopordising the Health-life safety of George Stewart and violating his
Patient Bill of Rights by the facility to provide Mr. Stewart with care by
his own doctor.....and Notifying Kilda Stewart(wife) of any new medication
changes.
4
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Negl~gence dur~ng he ~mergency ~ ua ~on eg~nn1.ng
The following Licensed Nursing Staff of Claremont acted with Medical
on the evening of
11/7/1998 aprox. 8:10pm until 11/8/1998 aprox lam.:
ROSEMARY DAILEY BATHAVIC'LpN
MARSHA FORSTER,RN
JEAN WADE,RN
BARBARA ANN BAER,LPN
BARBARA ANN BAER,tPN- Charge Nurse and Jean Wade-Jpm shift supervisor failed
Ill''''
to realize the immediate significance of declining health of Mr. Stewart
who previously as noted was an Independent ambulatory resident .11/7/1998
Oxygen.
concious
aprox. 8:10pm v~. Stewart had to be put into bed and placed on
noted that Iv~. stewart was loosing his
At this time it is also
responsiveness (i) These
(2) two Jpm to l1pm Nurses were Neglegent in
responding to a falling blood
pressure' 72/38. Normally ~~. Stewart's blood
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was within the range of 118/60-58. This was almost 40% percent,loss of
blood pressure. Still these Nurses failed to realize an emergency.
The Estate alleges the Claremont Nursing staff was negligent
in ItCTING,UPON A medical emergency at *8:10pm 11/7/1998 for
George Stewart...by Barbara Ann Baer,LPN and Jean Wade,RN.
y, lip. to 7am 11/7/1998 to 11/8/1998 The Estate alleges ROSE~~RY DAILEY
BATHAVIC.LPN was Negligent in providing I~illiDIATE RESCUE NURSING CARE
to N~. Stewart from 11/7/1998 aprox. 11:15pm when N~. Stewart was found
without audible blood pressure until 12'30~m when RN Shift Supervisor came
to evaluate Mr. Stewart's medical condition. Ms. Bathavic breached her
nusring duties by failing to give immediate CPR or call 911 for an ambulance t
transport Mr. Stewart to a hospital emergency room. Ms. Bathavic
by her Medical Negligence to provide immediate rescue measures caused
severe,irreversible body system damages to Mr. Stewart resulting in the
later diagnosed Pnuemonia to be considered over-whelming and untreatable.
Ms. Bathavic is charged with the specific "Wrongful Death Action" by
her ACTS of OThOOISSION to provide any Rescue Nursing care for Mr. Stewart
and making any future rescue.attempt to save this man's life impossible.
Therefore, it is the Estate's allegation that by Ms. Bathavic's Negligence
and Breach of Nursing Duty to perform Rescue Measures that Mr. George
Stewart's death was caused by this nurse's specific ACTS of Ommission
of Nursing Care. ml<, 5/EW,f1Q WAS' A- "Fu// ('O{),6:./(AUUclcd"
iO, Also the Estate alleges that Marsha Forster,RN l1pm to 7am Shift Supervisor
was Negligent to also provide I~~DIATE RESCUE Measures for Mr. Stewart.
At the time of this nurse's evaluation of Mr. Stewart.......this man had
layed aprox. 1 hour and 45 minutes......ll/7'98 11:15pm to12,30~m(ll/8/'98
"without Audible Blood Pressure". Still this Registered Nurse continued to
evaluate his status........not calling 911 immediately to send this man
to the hospital. Marsha Forster,RN. was negligent in calling Hilda Stewart
and Dr. S chiro immediately........ both were later called.;;....... ,. . ;;,; . .
,klUdll St"e.war't called aprox;'~jl/i$AMlllgl' 98 and'DtC~. John Schiro called
at aprox. lam 11/3/'98.
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JI. The Estate alleges both ROSEMARY DAILEY BATHAVIC,LPN AND l~SHA FORSTER,RN
of Claremont facility were Negligent in providing Immediate Rescue Care
for Mr. stewart. However, by the time Ms. Forster,RN arrived to evaluate
u~. Stewart's medical condition......the DAMAGES were already done
while Mr. Stewart previously lay 1 Hour and 15minutes under Ms. Bathavic's
Duty as D-WING CHARGE NURSE
being in a COMATOSE condition without
AUDIBLE BLOOD PRESSURE ~The Estate charges the entire Nursing staff
noted in the 'Medical: Records of Claremont Nursing and Rehabilitation
Center with Medical Negligence in providing adequate Nursing care to
ensure the Medical Safety and' :tJ:tJ.~ ~Mr. GEORGE G. STEWAR'f, resident of
this nursing home. By Breach of NURS1NG Duty to perform Nursing Care
in an Emergency situation with the Standards of Care expected of the Staff
Nurses .i. iand"Negligence of"thefacilityrJiY6iteI~ to evaluate Mr.
George G. Stewart's medical status during his entire brief stay at this
nursing home facility both during an admissions physical exam 11/4/'98
by Dr. Gawles and the Emergency Situation the night of 11/7/'98 tOll/8/'98
by the liOn-LIlli doctor- Dr. Schiro.......the Estate of George G. Stewart
charges Claremont Nursing and Rehabilitation Center with the
CObreINED ACTS OF MEDICAL NEGLIGENCE
of Wffi. Stewart who died 11/9/1998 at
which it alleges caused the DEATH
~:29am. Therefore, the Estate of
Nursing and Rehabilitation Center with
George G. Stewart charges Claremont
the WRONGFUL DEATH ACTION...also.
pC's a. result of the COMBINED ACTS OF b'iEDICAL NEGLIGENCE the ESTATE OF
GEORGE G. STEWA..~T CHARGES CLAREMONT AND NURSING REHABILITATION CENTER
WITH .(1) 1/IEDICAL..NEGLIGENCE causing the (2) WRONG1UL DEATH ACTION
which resulted in the Death of uk. Stewart.
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r[,herefore, the ESTA'rE OF GEORGE G. STEWAR'I' Prays for a JUDGEfI1 ENT
in the AfV[OUNT of t'- j.s-O., (J-t}-eJ
--- -- ,.
for the (1) MEDICAL NEGLIGENCE (Co M bined Actions of Negligence by this facility) :
and the(2) WRONGFUL DEATH which resulted to George G. Stewart by
the CLAREfl'tONT NURSING AND REHABILITATION CENTER,Carlisle,Fennsylvania 17013.
The Estate feels this A~ount is just and proper,since George G. Stewart,
il1.spite of his age, was a very active contributor to society v:La his
Musical acco f"\plishW\. ents. M any of these co mposi tions were to be
professionally recorded.....this is a significant financial loss to the
value of the Estate itself. George G. Stewart was still co fl'\petent enough to
have finished I"lost of his IYl usical works in his life ti /tt e. He was still
IY\ entally CO"lpetent and very creative for an elderly gentleMoan'i
- ~/R _/7 \
Signed:j;fl ~
(Trustee Ad lite for the ESTATE OF
GEORGE G. STEWART)
Date: iYllPUf{ //p~tLrJO/
~
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,..J'i,MP~ilb-'''''.-''Il;;,'!,
DEANNA K. COLLINS-Trustee Ad liteM
~vr the ESTATE OF GEORGE G. STEWART
Plaintiff
vs
IN THE COURT OF COIlt/ltON Pl,EAS FOR
CU~BERLM~D COUNTY,PENNSYLVANIA
NO: 00-7081Civil Ter~
CIVIL ACTION-LAW
SU Mm ONS in a CIVIL LAWSUIT
->'.;,'HDE fltAND JURY TRIAL
CLAREmONT NURSING M~D REHABILITATION
CENTER Defendant
DATE I If! f!IU II /6..J c2.~ /
I ,DEANNA K. COLLINS-'Trustee Ad li tent for the ESTATE OF GEORGE G. STEWART
SERVE upon Defendant,CLAREh10NT NURSING AND REHABILITATION CENTER VIA
Defendant's Attorney.
Charles E. Wasilefski,Esq.
2931 North Front Street
Harrisburg ,Penna. 17110
A Certified Copy of the recently AII1. ended CoMplaint of
(1).n1 ED ICAL NEGLIGENCE and (2) WRONGFUL DEATH
Dated.
and a LET'rER OF summONS.
YOUR Cli.ent, Clare II'[ ont
Pennsylvania,17013, is
JUDGEJ'Yl EN'T ArYl OUNT of:
Nursing and Rehabilitation Center,Carlisle,
being sued in the €ourt in the
l' ~SV 'l (J-tJ ()
/
for
(1) 1Yt EDICAL NEGLIGENCE and (2) WRONGFUL DEATH.
YOur Response to this action
Court 1d thin /J- 0
of SU~P10NS,sending a copy
is requested by subwUtting an ANSWER to
Days of SERVICE of this CO~LAINT and
of your answer to the following party:
the
LETTER
Deanna K. Collins
46 Willow Street
Highspire,Penna. 17034
Signed:
Date:
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PETERS & W ASILEFSKI
By: Charles E. Wasilefski, Esquire
Attorney ill #210:17
2931 North Front Street
lIar~burg, PA 17110-1280
Attorney for Defendant, CIsremont Nursing QUd Rehabilitation Center
ESTATE OF GEORGE G. STEWART
Plaintiff
v.
IN THE COURT OF
COMMON PLEAS FOR
CUMBERLAND COUNTY,
PENNSYLVANIA
CLAREMONT NURSING AND
REHABILITATION CENTER
Defendant
NO. 00 - 7081 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: PLAINTIFF AND ITS COUNSEL
YOU ARE REQUIRED to plead to the within Answer with New
Matter within twenty (20) days of service hereof, or a default judgment may be entered
against you.
PETERS & W ASILEFSKI
y:
CHARLES E. W ASILEFS
Attorney ID #21027
2931 North Front Street
Harrisburg, PA 17110
[717] 238-7555
Dated: y /310 I
Attorney for Claremont Nursing
and Rehabilitatidn Center
~~" --. "
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PETERS & W ASILEFSKI
By: Charles E. Wasilefski, Esquire
Attorney ID #21027
2931 North Front Street
Harrisburg, PA 17110-1280
Attorney for Defendant, Claremont Nursing and Rehabilitation Center
ESTATE OF GEORGE G. STEWART
Plaintiff
v.
IN THE COURT OF
COMMON PLEAS FOR
CUMBERLAND COUNTY,
PENNSYL VANIA
CLAREMONT NURSING AND
REHABILITATION CENTER
Defendant
NO. 00 - 7081 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER
OF DEFENDANT, CLAREMONT NURSING & REHABILITATION CENTER
TO PLAINTIFF'S THIRD AMENDED COMPLAINT
NOW COMES, Defendant, Claremont Nursing & Rehabilitation Center
("Claremont"), by and through its attorneys, Peters & Wasilefski, and answers Plaintiffs
Third Amended Complaint, as follows:
1. Defendant, Claremont, denies the allegations contained in
Paragraph 1 of Plaintiffs Third Amended Complaint. To the contrary, the Admissions
Office was given the number recorded on the admissions records, A family member of
George Stewart provided this information. If the number provided was incorrect, it is
because the family member erroneously provided the information. It is further denied
that any alleged "problem" related to the telephone number caused or contributed to
. - - ~-..-" MUGlI!l't
delay in providing treatment. To the contrary, the person listed as Responsible Party #2
on the admissions information, Deanna Collins, was called and the condition of Mr.
Stewart was reported. There was no delay in providing treatment for any reason. Mr.
Stewart at all times was provided appropriate treatment for the condition that he was in at
the time of the telephone call. In further answer, Defendant, Claremont, denies the
allegations contained in said Paragraph pursuant to Pa. R. C. p, I029(a).
2. Defendant, Claremont, admits in part and denies III part the
allegations contained in Paragraph 2 of Plaintiffs Third Amended Complaint. It is
admitted that Jean Wade, R,N. ("Nurse Wade") contacted Mr. Stewart's daughter,
Deanna Collins, who was listed as Responsible Party #2 on the admissions information,
The remaining allegations are specifically denied. To the contrary, at approximately
8:25 P,M" after discovering that the telephone number for Responsible Party #1 was
incorrect, Nurse Wade attempted to contact Responsible Party #2, Deanna Collins. On
the second attempt to contact Deanna Collins, Ms. Collins answered the telephone.
Nurse Wade told Ms Collins that Mr. Stewart had a change of condition and that Nurse
Wade was attempting to reach her mother, Hilda Stewart, Nurse Wade indicated that she
needed to speak to Mrs, Stewart in order to inform her of Mr. Stewart's change of
condition and to inquire about his history of medicines. At that time, Deanna Collins
became verbally abusive and NUI'se Wade continued to try to explain that she needed to
spealc to Mrs, Stewart. Nurse Wade was told by Deanna Collins that Ms. Collins would
spealc to Mrs, Stewart and that they would get back to Nurse Wade. At that point,
2
Deanna Collins abruptly terminated the conversation and hung up the telephone, Deanna
Collins had given Nurse Wade specific instructions that she should not contact Mrs.
Stewart and Deanna Collins and Mrs, Stewart would get back to her. Mr. Stewart was
continued to be provided with care and treatment necessary to respond to his then
condition. Under such circumstances, Nurse Wade properly attempted to contact a
responsible family member, and did contact Mr, Stewart's daughter and informed her of
the change of status; was told not to contact Mrs. Stewart and that the family would get
back to her; and then provided appropriate care and treatment under the circumstances.
In further answer, Defendant, Claremont, denies said allegations pursuant to Pa. R. C, P.
I029(e),
3, Defendant, Claremont, denies the allegations contained m
Paragraph 3 of Plaintiffs Third Amended Complaint. To the contrary, George G,
Stewart at all times relevant received appropriate medical care and treatment for his then
condition, Further, a family member listed as Responsible Party #2, Deanna Collins, Mr.
Stewart's daughter, who, upon information and belief, has had medical training as a
nurse, was aware of Mr. Stewart's change of condition. In further answer, said
allegations are denied pursuant to Pa. R. C. P. I029(e),
4. Defendant, Claremont, denies the allegations contained in
Paragraph 4 of Plaintiffs Third Amended Complaint. To the contrary, as with all
patients, George G. Stewart had a Nursing Care Plan developed for him upon admission,
It is further denied that neither Defendant, Claremont, nor any of its staff, employees,
3
agents or servants was negligent in this matter. At all times, George G. Stewart was
provided with appropriate and adequate medical care and treatment for his condition. In
further answer, Defendant, Claremont, denies said allegations pursuant to Pa. RC.P,
I029(e),
5. Defendant, Claremont, denies the allegations contained in
Paragraph 5 of Plaintiff's Third Amended Complaint. To the contrary, George G,
Stewart was basically independent and medical care and treatment was consistently given
in accordance with the medical conditions that he presented, Said medical care and
treatment was at all times appropriate under the circumstances. With regard to the
allegations related to claims of negligence, said allegations are conclusions of law and no
further answer is required, To the extent that an answer is necessary, Defendant,
Claremont, denies that it or any of its staff, employees, agents or servants was in any way
negligent under the facts and circumstances of this case, To the contrary, at all times
relevant, Defendant, Claremont, its staff, agents, servants and employees acted in a
careful and prudent manner. When George B, Stewart's condition began to change, he
was immediately given appropriate medical care and treatment, a physician was
consulted and the family, through Deanna Collins, was immediately notified and
requested to provide authorization to treat George B, Stewart. With regard to the
remaining allegations, Defendant, Claremont, after reasonable investigation, is without
lmowledge or information suffIcient to form a belief as to the truth of said allegations and
4
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proof is demanded at trial. In further answer, Defendant, Claremont, denies said
allegations pursuant to Pa. R, C. P. 1029(e).
6. Defendant, Claremont, denies the allegations contained in
Paragraph 6 of Plaintiffs Third Amended Complaint. To the contrary, the physicians
who were involved in the medical care and treatment of George G, Stewart, while he was
a resident at Defendant, Claremont, including but not limited to Dr. Gawlas, provided
appropriate medical care and treatment under the circumstances of this case. In further
answer, there was no request that George G. Stewart have his family physician attend to
him while he was a resident of Defendant, Claremont. At no time were the Patient's
Rights of George G. Stewart violated. In further answer, Defendant, Claremont, denies
said allegations pursuant to Pa, R.C.P. 1029(e).
7, Defendant, Claremont, denies the allegations contained in
Paragraph 7 of Plaintiffs Third Amended Complaint. To the contrary, the physicians
who were involved in the medical care and treatment of George G. Stewart, while he was
a resident at Defendant, Claremont, including but not limited to Dr. Schiro, provided
appropriate medical care and treatment under the circumstances of this case. In further
answer, Defendant, Claremont, denies said allegations pursuant to Pa,' R.C,P, 1 029( e),
8. Defendant, Claremont, denies the allegations contained III
Paragraph 7 of Plaintiffs Third Amended Complaint. To the contlrary, the physicians
who were involved in the medical care and treatment of George G, stewart, while he was
a resident at Defendant, Claremont, including but not limited to Dr. Gawlas and Dr.
5
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Schiro, provided appropriate medical care and treatment under the circlllllstances of this
case, In further answer, Dr. Gawlas and Dr. Schiro were independent contractors treating
patients at Defendant, Claremont, and any action or failure to act on behalf of said
physicians can not create liability in Defendant, Claremont, for any alleged negligent
actions of Dr, Gawlas and Dr. Schiro. Further, at no time were the "Patient's Bill of
Rights" of George G. Stewart violated, In further answer, Defendant, Claremont, denies
said allegations pursuant to Pa, R.C.P. 1029(e).
(First Paragraph) 9, Defendant, Claremont, admits in part and denies in
part the allegations contained in the first Paragraph 9 of Plaintiff s Third Amended
Complaint. It is admitted that at approximately 8:10 PM, George G. Stewart had to be
put to bed and placed on Oxygen.. It is denied that George G. Stewart was losing
consciousness. To the contrary, George G, Stewart, after being put in bed and placed on
oxygen rested comfortably. It is denied that the nurses failed to realize that an emergency
existed. At that time, an emergency did not exist, however, the nurses noted a change of
condition of George G. Stewart and provided appropriate action and monitored his
condition. Some of the allegations contained in said paragraph are conclusions of law
and no further answer is required. To the extent that an answer may be necessary, it is
denied that the nursing staff of Defendant, Claremont, including: Rosemary Dailey
Bathavic, LPN; Barbara Ann Baer, LPN; Marsha Forster, RN; and Jean Wade, RN, were
in any way negligent. To the contrary, at all times relevant, said nurses and nursing staff
.
provided appropriate and medically sound medical care and treatlnent to George G.
6
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Stewart. In further answer, Defendant, Claremont, denies said allegations pursuant to Pa,
KC.P. 1029(e).
(Second Paragraph) 9, Defendant, Claremont, denies the allegations
contained in the second Paragraph 9 of Plaintiffs Third Amended Complaint. Said
paragraph contains allegations that are conclusions of law to which no answer is required.
To the extent that an answer is necessary, Defendant, Claremont, denies that either it or
!
Rosemary Dailey Bathavic, LPN ("Nurse Bathavic") were in any way negligent under the
circumstances of this case. To the contrary, Defendant, Claremont, land Nurse Bathavic
!
provided timely and appropriate medical care for George G. ! Stewart under the
circumstances of this case. Nurse Bathavic provided care and treatment for George G,
Stewart that was appropriate and consistent with his condition as it existed during the
relevant time period. No act or failure to act on behalf of Nurse Bathavic was a cause or
a contributing factor to any alleged injuries or damages allegedly sustained by George G.
Stewart or his Estate under the circumstances that existed at that time. In further answer,
Defendant, Claremont, denies said allegations pursuant to Pa, KC.P, I 029( e).
10. Defendant, Claremont, denies the allegations contained III
Paragraph 10 of Plaintiffs Third Amended Complaint. Said paragraph contains
allegations that are conclusions oflaw to which no answer is required. To the extent that
an answer is necessary, Defendant, Claremont, denies that either it or Marsha Forster, RN
("Nurse Forster") was in any way negligent under the circumstances of this case. To the
7
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contrary, Defendant, Claremont, and Nurse Forster provided timely and appropriate
medical care for George G, Stewart under the circumstances of this case. Nurse Forster
provided care and treatment to George G. Stewart that was appropriate and consistent
with his condition as it existed at the relevant time period. No act or failure to act on
behalf of Nurse Forster was a cause or a contributing factor to any alleged injuries or
damages allegedly sustained by George G, Stewart under the circumstances that existed
at that time. In further answer, Defendant, Claremont, denies said allegations pursuant to
Pa. R,C,P. 1029(e),
11, Defendant, Claremont, denies the allegations contained in
Paragraph 11 of Plaintiffs Third Amended Complaint. Said paragraph contains
allegations that are conclusions of law to which no answer is required, To the extent that
an answer is necessary, Defendant, Claremont, denies that either it, Nurse Bathavic,
Nurse Forster, medical staff, physicians, nursing staff were in any way negligent under
the circumstances of this case. To the contrary, Defendant, Claremont, the nursing staff,
including, but not limited to Nurse Bathavic and Nurse Forster, and the medical staff and
physicians, including but not limited to Dr. Gawlas and Dr. Schiro, provided timely and
appropriate medical care for George G, Stewart under the circumstances of this case. All
medical personnel, who provided medical care and treatment for George G. Stewart
provided such care and treatment that was appropriate and consistent with his condition
as it existed at the relevant time period and in accordance and consistent with good and
proper nursing care, The physicians who provided care and treatment also provided such
8
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treatment in accordance with good medical practice and consistent with the standard of
medical care required under the circumstances. No act or failure to act on behalf of
Nurse Forster, Nurse Bathavic, Nurse Wade, Nurse Baer, Dr. Gawlas or Dr. Schiro was a
cause or a contributing factor to any alleged injuries or damages allegedly sustained by
George G. Stewart or his Estate under the circumstances that existed at that time. In
further answer, Defendant, Claremont, denies said allegations pursuant to Pa. R.C.P,
1029(e).
(First Un-numbered Paragraph) Defendant, Claremont, denies the allegations
contained in the First Un-Numbered Paragraph of Plaintiff's Third Amended Complaint.
Said paragraph contains allegations that are conclusions oflaw and no answer is required,
To the extent that an answer is necessary, Defendant, Claremont, denies that there was
any Medical Negligence. To the contrary, the medical care provided to George G.
Stewart was timely and appropriate and consistent with the standard of medical care and
nursing care required under the circumstances. In further answer, no act of failure to act
on behalf of Defendant, Claremont, its nursing staff, physicians attending George G,
Stewart, its employees, agents or servants caused or contributed to the death of George G.
Stewart. The death of George G. Stewart was from natural causes and not related in any
manner to the actions or inactions of Defendant, Claremont, its nursing staff, employees,
agents, servants or the physicians providing medical care and treatment to George G.
Stewart. In further answer, Defendant, Claremont, denies said allegations pursuant to Pa,
R.C.P.I029(e),
9
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WHEREFORE, Defendant, Claremont, demands that Plaintiffs Third
Amended Complaint be dismissed.
(Second Un-Nmnbered Paragraph) Defendant, Claremont, denies the
allegations contained in the Second Un-Nmnbered Paragraph of Plaintiffs Third
Amended Complaint. After reasonable investigation, Defendant, Claremont, is without
lmowledge or information sufficient to form a belief as to the truth of said allegations and
proof thereof is demanded at trial.
NEW MATTER
12. George G, Stewart was admitted as a resident at Defendant,
Claremont, on November 2, 1998. He was admitted to Room D-2, Bed 2, D wing, an
intermediate care unit.
13. George G. Stewart was admitted as a resident at Defendant,
Claremont, because his wife, Hilda Stewart, who was his primary care giver at home, was
to have surgery and was not able to care for him during her surgical recovery period.
Hilda Stewart reported to the nurses that she was to have bilateral endarterectomies done
at Holy Spirit Hospital on November 3, 1998, the day following Mr. Stewart's admission
to Defendant, Claremont,
10
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14, Hilda Stewart accompanied George G, Stewart for admission.
Hilda Stewart provided all the admission information, including her address and
telephone number and designated Deanna Collins, the Stewart's daughter, as the
Responsible Party #2,
15, Hilda Stewart informed the nursing staff that she expected that
George G. Stewart's stay at Defendant, Claremont, would be short, He would remain at
Defendant, Claremont, only during her surgical convalescent period,
16. At the time of admission, George G. Stewart and Hilda Stewart
signed a Statement of Agreement that stated in part:
1. I hereby authorize the Claremont Nursing and
Rehabilitation Center of Cumberland County to provide
medical and nursing services to me. I further authorize the
physician in charge of my care to administer any treatment
or treatments that the physician may deem necessary or
advisable for my care.
17. At the time of admission, George G, Stewart was an 82 year old
man who was 5'3" tall, weighed 95 y" pounds and was diagnosed as having the following
conditions: Emphysema (Primary); Senile Dementia, Alzheimer's type; Schizophrenia
(three prior admissions to Holy Spirit Hospital; and Peripheral Vascular Disease.
18. Dr. Gawlas saw, examined and provided a treatment plan,
including medications for George G, Stewart that was consistent with his condition at the
time of admission.
19, On Saturday, November 7, 1998, at approximately 5:30 P.M" the
11
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nursing staff noted what appeared to be a change in George G. Stewart's mentation As a
result of this observation, certain medications were held as it was felt that the change may
have been due to the affects of the medication and the nursing supervisor was requested
to assess him. The nursing supervisor stayed with Mr. Stewart during dinner and assisted
in feeding him, He indicated that he was tired and wanted to go to bed early that evening,
As a result of this request, the nursing supervisor and a staff nurse assisted Mr, Stewart in
going to bed at approximately 7:45 P,M.
20. At the time that George G. Stewart was assisted into bed, the
nurses obtained his vital signs and assessed his condition. The nursing supervisor then
called Dr. Schiro for instructions. Dr. Schiro discontinued the Sinimet and ordered that
the Haldol be held. He further ordered the administration of oxygen at 2 liters per minute
via nasal cannula-pm for dyspnea. He also ordered that the family be notified of the
change of condition. At the time of admission, Hilda Stewart did not provide Defendant,
Claremont, with an Advanced Medical Directive, which is an optional section of the chart
that indicates the resident's or the family's wishes in case of a change of condition,
21. After assisting George G. Stewart into bed, the nursing supervisor
attempted to telephone Hilda Stewart, as directed by Dr. Schiro. At that time, it was
discovered that the wrong telephone number had been given at the time of admission.
The nursing supervisor then called the Responsible Party #2, Deanna Collins. Deanna
Collins was informed that George G. Stewart had a change of condition and that the nurse
supervisor had to speak with Hilda Stewart to inform her of the change of condition.
12
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Deanna Collins became abusive and indicated that she would speak with her mother and
they would get back to the nursing supervisor. Deanna Collins abruptly hung up on the
nursing supervisor. Neither Deanna Collins nor Hilda Stewart ever got back to anyone at
Defendant, Claremont.
22, During tlle period following the telephone call to Deanna Collins,
the nursing staff closely monitored George G. Stewart. After the change of shifts, nurses
constantly attended George G. Stewart. Since neither Deanna Collins nor Hilda Stewart
called or came to the facility during the period from when the nursing supervisor on the
3:00 P.M. to 11:00 P.M. shift had spoken to Deanna Collins, a telephone call was placed
to Hilda Stewart. Hilda Stewart had not been made aware of the earlier telephone call to
Deanna Collins and was therefore not aware of her husband's change of condition. Hilda
Stewart was updated on the change of condition of George G. Stewart, the doctor's orders
received and the notification to her daughter, Deanna Collins. At that time, Hilda Stewart
indicated that she desired to have further treatment given to George G. Stewart at the
Carlisle Hospital,
23, Immediately after the telephone conversation with Hilda Stewart,
the nursing supervisor contacted Dr. Schiro and updated him on George G. Stewart's
condition and the request from Hilda Stewart to have further treatment given at the
Carlisle Hospital. Dr. Schiro made a telephone order for the transfer of George G.
Stewart to Carlisle Hospital. Deanna Collins was then informed that George G. Stewart
was being transferred to the Carlisle Hospital.
13
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24, Upon information received and believed, Deanna Collins, at the
time of the initial telephone call, was in the process of getting ready to go out on a date
and did not telephone her mother, Hilda Stewart, to inform her of George G. Stewart's
change of condition so that further instructions could be given to Defendant, Claremont,
as to the family's desires for treatment in light of the change of condition, If there was a
delay in treatment as alleged by Plaintiff, which is denied since George G. Stewart
received appropriate care and treatment consistent with his change in condition pending
further communication with the family, that delay was the result of Responsible Party #2
not meeting her responsibilities.
25. George G. Stewart's illness and eventual death was the result of
the natural deterioration of his physical condition resulting from age and the illnesses that
he had and not as a result of any act or failure to act by Defendant, Claremont, its nursing
staff, its employees, agents, or servants, or the physicians attending to George G, Stewart
during his residence at Defendant, Claremont.
26. All of Plaintiffs alleged injuries and damages are the result of acts
or failure to act on behalf of third parties over whom Defendant, Claremont, had no
controL
27. All of Plaintiff s claims in this action are barred by the Statute of
Limitations,
WHEREFORE, Defendant, Claremont, demands that Plaintiffs Third
14
Amended Complaint be dismissed.
Date: April 30, 2001
"
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PETERS & W ASILEFSKI
15
Charles E. Wasilefski, Esquire
Attorney #21027 I)'
2931 North Front Street
Harrisburg, PA 17110
[717] 238-7555
Attorneys for Defendant,
Claremont Nursing and
Rehabilitation Center
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VERIFICATION
I hereby affirm that the following facts are correct:
Claremont Nursing and Rehabilitation Center is a Defendant in the foregoing
action and I am authorized to execute this verification on their behalf. The attached Answer with
New Matter is based upon information that I have furnished to my counsel and information that
has been gathered by my counsel in preparation of the defense of the lawsuit. The language of the
Answer with New Matter is that of counsel and not of me. I have read the Answer with New
Matter and to the extent that the Answer with New Matter is based upon information that I have
given to my counsel, it is true and correct to the best of my knowledge, information and belief.
To the extent that the content of the Answer with New Matter is that of counsel, I have relied upon
counsel in making this verification. I hereby acknowledge that the facts ~et forth in the aforesaid
Answer with New Matter are made subject to the penalties of 18 Pa, C,S,I Section 4904 relating to
unsworn falsification to authorities.
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Dated:
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CERTIFICATE OF SERVICE
This is to certify that I, Pamela J. Crum, a Legal Assistant in the law offices
of Peters & Wasilefski, have this'~ day Of~~~"\ , 2001, served a true and
correct copy of the foregoing ANSWER WITH NEW MATTER OF DEFENDANT,
CLAREMONT NURSING AND REHABILITATION CENTER, TO PLAINTIFF'S THIRD
AMENDED COMPLAINT upon all parties by depositing same in the United States mail, first
class, postage prepaid, addressed to the counsel of record as follows:
Deanna K. Collins
46 Willow Street
Highspire, P A 17034
~~~\,,~~
Pamela J. Crum
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DEANNA K. COLLINS-Trustee Ad litem
for the ESTATE OF GEORGE G. STEWART
Plaintiff
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 00-7081 Civil Term
VS.
CLAREMONT NURSING AND REHABILITATION
CENTER Defendant
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
PLAINTIFF'S RESPONSE TO DEFENDANT'S ANSWER
to PLAINTIFF'S THIRD AMENDED COMPLAINT
The PLAINTIFF of this said estate REQUESTS this Court not dismiss this
Complaint.. ..but let this Case PROCEED INTO JURY TRIAL.
The Plaintiff asserts that Defendant,Claremont,failed to prove with any
evidence why this Complaint should be dismissed during the Defendant~
statements of denial to the Plaintiff's allegations of Negligence that lead
to the Wrongful Death of George G. Stewart.
The PLAINTIFF disputes the defendant's denial as follows:
1. Regarding the denial of statements for Paragraph 1 of this Plaintiff's
Third Amended Complaint: To the contrary,this Plaintiff has documented
evidence that Hilda B. Stewart did provide the correct telephone number
for her home phone at the time of Mr. Stewart's admission to this facility.
Her co~rect phone number appears on several pages of admission papers.. ....
however, there was an error noted on one admission paper that Claremont
failed to initially correct. This was an error by admissions department,
not an error made .by Mrs. Stewart. This mistake was first noticed by the
Stewart Family at a later time. This estate still alleges that the time
delay was a sikiificant, problem delaying the contacting of Hilda B.Stewart
(wife) Primary Responsible Party. There is documented proof that at no time
was Deanna K.Collins ever a designated #2 Responsible Party... Ms Collins
was the only other contact person...this info. is documented. This is fact
not a mere conclusion of law.
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2. Regarding this Plaintiff's response to defendant's answer to Plaintiff's
Paragraph #2 of Plaintiff Is Third Amended Complaint. This Plaintiff of said
estate still alleges that there was a significant problem for a contact
phone number to reach Hilda B. Stewart(wife) Primary Responsible Party
It is again documented that at no time was Ms. Collins ever designated a
#2 Responsible Party...but a mere only other contact person. This estate
, .
alleges that at the time of Jean Wade,RN's phone call 'Initially to contact
Hilda B; Stewart(wife) this nurse failed to ever call anyone...especially
,
even at the so-called wrong phone number that this Jean Wade RN would have
most probably used to try to call Mrs. Stewart....there is a witness to
this fact. .., .Jean Wade,RN nevercalled the wrong phone number that was to
have been the phone # error in question. This estate has proof Ms. Collins
was home all evening November 7,1998 into the early am hour of November8,1998
also.There is evidence Jean Wade,RN only called ONE time to Deanna K. Collins'
residence on November 7,1998 when Ms. Collins was contacted by this nurse at
aprox. 8:25pm(11/7/1998).Ms. Collins was reached on the first attempt to
reach her not the second attempt as stated by the defendant(Claremont).
At no time did Jean Wade,RN ever tell Ms. Collins there was any change/decline
in George G. Stewart's medical cond~tion...not any of his Vital signs were
ever mentioned nor the fact that he had been put into bed and placed on
Oxygen and that some of his medications were withheld. This estate still
alleges that Jean Wade,RN(Claremont) was Negligent and failed to follow the
specific doctor's orders to immediately inform the family of the medical
changes of Mr. Stewart on November 7,1998 at aprox. 8:10pm....specifically
Hilda B. Stewart(wife) Primary Responsible Party for Mr. Stewart.
It is asserted by Plaintiff that Defendant is trying to aCcuse Ms. Collins of
being abusive during a phone conversation...this is hearsay...there is no
evidence by defendant(Claremont) to prove such a fact. Ms. Collins at no time
during this phone conversation ever told Jean WadeRN not to contact (wife)
Hilda B. Stewart. Ms. Collins only told Jean Wade RN that she,Ms. Collins,
would relay the message that Mrs. Stewart 's phone:tl",'ft:..',V</~ corrected.
At the time of the,c.PrlI from Jean Wade RN , Ms. Collins questioned about
GeorgeG. Stewart's condition and was told that the information of the
phone number correction was needed to complete the records. There never was
any mentioning of a change/decline of medical condition for Mr. Stewart by
Jean Wade RItL
Therefore,this Plaintiff for this said estate alleges that defendant,Claremont,
was
Negligent a~d fai~ed to provide timely,emergency nursing care for
Stewart} ~;Ij-i.i-S- f<t.il",re tuCO,-,'tM.-T--rN>- 1f.f>rfJ'ls;t.h f'it-'ll j'. 7/J.} ~
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2. Regarding this Plaintiff's response to defendant I s answer to Plaintiff's
Paragraph #2 of Plaintiff(s Third Amended Complaint. This Plaintiff of said
estate still alleges that there was a.significant problem for a contact
phone number to reach Hilda B. Stewart(wife) Primary Responsible Party
It is agsin documented that at no time was Ms. Collins ever designated a
#2 Responsible Party...but a mere only other contact person. This estate
, .
Jean Wade,RN's phone call 'Initislly to contact
alleges that at the time of
Hilda B. Stewart(wife) this
nurse
failed to ever call anyone.. .especially
,
even at the so-cslled wrong phone number that this Jean Wade RN would have
most probably used to try to call Mrs. Stewart....there is a witness to
this fact. ....Jean Wade,RN nevercalled the wrong phone number that was to
have been the phone # error in question. This estate has proof Ms. Collins
was home all evening November 7,1998 into the early am hour of November8,1998
also.There is evidence Jean Wade,RN only called ONE time to Deanna K. Collins'
residence on November 7,1998 when Ms. Collins was contacted by this nurse at
aprox. 8:25pm(11/7/1998).Ms. Collins was rea~hed on the first attempt to
reach her not the second attempt as stated by the ,defendant(Claremont).
At no time did Jean Wade,RN ever tell Ms. Collins there was any change/decline
in George G. Stewart~s medical condition...not any of his Vital signs were
ever mentioned nor the fact that he had been put into bed and placed on
Oxygen and that some of his medications were withheld. This estate still
alleges that Jean Wade,RN(Claremont) was Negligent and failed to follow the
specific doctor's orders to immediately inform the family of the medical
changes of Mr. Stewart on November 7,1998 at aprox. 8:10pm....specifically
Hilda B. Stewart(wife) Primary Responsible Party for Mr. Stewart.
It is asserted by Plaintiff that Defendant is trying to accuse Ms. Collins of
being abusive dur~ng a phone conversation...this is hearsay...there is no
evidence by defendant(Claremont) to prove such a fact. Ms. Collins at no time
during this phone conversation ever told Jean WadeRN not to contact (wife)
Hilda B. Stewart. Ms. Collins only told Jean Wade RN that she,Ms. Collins,
would relay the message that Mrs. Stewart 's phon~tl""t:i"V</~ Corrected.
At the time of the'ClrIl
from Jean Wade RN , Ms. Collins questioned about
George G. Stewart's condition and was told that the information of the
phone number correction was needed to complete the records. There never was
any mentioning of a change/decline of medical condition for Mr. Stewart by
Jean Wade R1cl.
Therefore,this Plaintiff for this said estate alleges that defendant, Claremont,
Mr.
Negligen~ a~d fai~ed to provide timely,emergency nursing care for
Stewart} hy 'd-s f<t.il",r;; ;"O,-,'tI>CT --rN>- 1f.f5rfJ'ls;t.I<. f'it-'ll'f {~l ~
was
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3. Regarding Paragraph J of Plaintiff~ Third Amended Complaint.....This
Plaintiff still alleges defendant, Claremont, failed to provide proper,
immediate,emergency nursing care for George G. Stewart on Nov.7,1998 into the
early A1~ hours of Nov.8,1998. This estate alleges the nursing staff of
Claremont failed to realize Mr, Stewart ~ declining blood pressure at aprox.
8:10pm(11/7/1998) was a very severe v~al sign change. Therefore, this Plaintiff
alleges defendant(Claremont) was negligent to provide timely nursing care.
This Plaintiff alleges nursing staff significantly delayed treatment for
~~. Stewart,leaving his illness progress to irreversible bodily damages that
caused Mr. Stewart s Virongful Death due to Claremont IS negligence. At No
time was Ms. Collins ever informed of Mr. Stewart's declining health by
Claremont. The defendant(Claremont) has no proof that Ms. Collins has any
medical/nursing training...the defendant is merely stating hearsay information.
4, Regarding Paragraph 4....This Plaintiff still alleges that there never
existed a prepared Nursing Care Plan for George G. Stewart...if one was
completed...it was not included in the released facility medical records.
5. Regarding Paragraph 5: This estate (Plaintiff) alleges that although
Nrr. Stewart was an Intermediate care resident of D-Wing at Claremont...the
nursing staff was negligent to observe,monitor or assess ~~. Stewartis
progressive illness. It was later discovered this person had Pneumonia as
d~agnosed at Carlisle Hospital. It is not a conclusion of law by Plaintiff
due to the fact on several entries in facility medical files.....Claremont
staff failed to take complete vital signs that would have been necessary
to monitor symptoms. Again,at no time was Ms. Collins ever informed of any
change of Mr. Stewart's health status or was she ever requested to give
authorization for Claremont/or physicians to treat Mr. Stewart. It is
documented that Claremont staff delayed in putting Mr. Stewart immediately
into bed,even after Mr. Stewart requested this be done promptly after this
supper meal....Claremont medical entry states time was t 8:10pm(11/7/l998).
The claims of Plaintiff are not mere conclusions of law but documented
facts provided by Claremont within its own medical files of ttr, Stewart.
Therefore,Plaintiff alleges Claremont was tiegligent to provide timely,
emergency nursing care.
6. Regarding Paragraph 6: Hilda B. Stewart was never informed upon Mr.Stewart/s
admission that he(Stewart) could have used his own Pharmacy or Physician
while a resident at Claremont. Plaintiff still alleges Claremont violated
Mr. Stewart s "1'atient Bill of Rights."
7. Plaintiff alleges doctor John Schiro during this emergency acted on the
hearsay informa;ion provided to him regarding'rv~. Stewart by Claremont staff
and was not I)rO~)erly informed of any current prior exifilting dia~10ses.
ao-e~u~~ke ~'n~o. of ~he symptoThs of ~~. Stewar~ ts illness. l~d3
or gi veT!. '":L ........t:' ~...... - /
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Therefore I this Plaintiff alleges Dr. Schiro was !lot full1y aware of problem
. stewart had with his Empysema or given full vital sign r,eports. Also, at
1 am(1l/8/l998) after Mr. Stewart had already lain for aprox. 2 Hours without
an "NO AUDIBLE BLOOD PRESSURE," this Plaintiff alleges this doctor was not
told that Mr. Stewart had lain well beyond the time required to provide rescue
treatment for this resident to ensure adequate,full possible recovery.
Therefore,this Pl~intiff alleges Claremont was negligent to monitor or assess
N~. Stewart's declining condition.
8.Again regarding this Paragraph: Plaintiff still alleges(and will not accept
the denial of defendant, Claremont 's Answer)~hat Hilda B. Stewart was never
informed by Claremon~ that Mr. Stewart could use his own Pharmacy/physician
while being a Claremont reszident. Again,Plaintiff alleg~s Claremont violated
IVIr. Stewart s "Patient Bill of Hights."
9(10& 11) Regarding Paragraphs 9-10 &11....Plaintiff sha+l respond to defendant,
Claremont's)denial with New Matter as follows I
NEW lVlATTER BY PLAINTIFF
9. Plaintiff has evidence documented in several medical tests that the
documented fallen blood pressure mentioned within Claremont records for
Mr Stewart during 8110pm(11/7/l998) were aprox. a 40$ decline from the normal
for this resident....textt state that such a fallen blood pressure is a
severe vital sign change specifically leading tOI SHOCK...CO[~ and eventually
DEATH. This Plaintiff allejes Claremont staff were negligent and failed to
realize the severity of an emergency situation as early as aprox 8pm(ll/7/l998)
per documented info. given by Claremont.
~@oPlaintiff has documented evidence that ROSEMARY DAILEY BATHAVIC,LPN at
Claremont{CHarge Nurse for D-Wing) was negligent in her failure to provide
immediate emergency care for Mr. Stewart when he was found at aprox. 11130pm
11/7/1998 "NO AUDIBLE BLOOD PRESSUREtPer documented records)until aprox.
12130am{ll/8/l998) when the night(llp to7a) Shift RN Supervisor came to evaluate
N~. Stewartls declining condition. Ms. Bathavic neglected Mr. StewarttHursing
care for aprox, over 1 Hour and 15 minutes as established by a formal
NON-CO~PLIN~C~ CITATION "against Claremont by Penna. Depa~1~~t of Health,
specifically naming Ms. Bathavic,LfN as being negligent in her failure to
provide timely, appropria te nursing care for !'fir. Stewart.
'rherefore ,P:j.aintiff charges both Claremont and its staff I,})N, Ms. Bathavic; with
negligence leading to the cause of Wrongful Death of George G. stewart.
11, This Plaintiff has evidence that Ms. Bathavic failed to follow required
facili ty procedures during Mr. Stewart's emergency si o;uation. . . this also is
info. provided within Penna. State CITATION.
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10. This Plaintiff also alleges ~~rsha Forster,RN Shift Supervisor failed
to provide adequate,prompt emergency nursing care for Mr. Stewart. It is
documented that this nurse after K~. Stewart had lain aprox. 1 Hour and 15
minutes "NO AUDIBLE BLOOD PRESSURE" this nurse continued to take time to
fully evaluate N'.r. Stewart,again'ndelaying to give immediate rescue care until
aprox. lam (11/8/1998) as documented in Claremont files. Plaintiff alleges
Claremont was negligent in providing pro~pt care. All Claremont Ngrsing
staff were required by Penna. State Health Department to complete
Emergency Care IN-Services and Documentation Procedures, Claremont also
had to update its own EMERGENCY PROCEDURES CARE PUU~. Therefore,Plaintiff
alleges again that Claremont was negligent in providing emergency care for
NIr. Stewart.
11. It is fact George G. Stewart was diagnosed at Carlisle Hospital as
having Strept-Pneumonia.......a progressive illnes that presents with set
progressive symptoms. Plaintiff alleges defendant, Claremont,was negligent
to adequately Observe,Monitor or Assess lf~. Stewart's declining health
status until this disease progressed to an irreversible point leading to the
untimely,Wrongful Death for this resident. The damages caused by an
untreated Pneumonia should not be considered as a "natural cause of death"
as assumed by defendant in its ANSWER to Plaintiff's Third Amended Complaint.
12. Hilda B. Stewart did provide information during the Admission of
George G. Stewart into Claremont. However, to the contrary,Plaintiff has
several admission document(Claremont) that is evidence that Mrs. Stewart gave
a correct phone number for her home phone upon admission procedures. This
Plaintiff alleges Claremont staff made the error of phone number entry,
not Hilda B. Stewart. Mrs. Stewart has had this same home phone number over
25 years. This woman is very mentally alert.
lJ. Hilda B. Stewart was called by Deanna Collins the evening of Nov. 7,1998.
Plans were made to visit Th~. Stewart at Claremont on(Sat.) Nov. 8,1998 for
Ms. Collins was never info~4 previously by Claremont staff that if~. stewart
was in any declining health the night of Nov. 8,1998 by Jean Wade,RN.
of Claremont. Neither Hilda B. Stewart or Ms. Collins had visited r~. Stewart
previously. ~~s. Stewart after her surgery had specific limitations and
could not drive a car at this time. Ms', Collins had recently passed Penna.
Driver's exam(~1/5/l998) a former North Carolina resident.
lL,. George G. Stewart's Advanced Medical Directives were never given to
Claremont nursing staff. 'l'herefore ,Plaintiff alleges ~lr. Stewart should'
have been treated as a "FULL CODE" by this staff and providetadequate emergency
care,which Claremont failed to perform. ~~his Plaintiff alleges Mr. ~;tewart
vvas to be in ClaremoDt as; Respite resident not perma;1ently, therefore it was
::-l.ot :''lecessary for .A.dva:1ced :,.=edical ~il""ecti yes l>e giver.. to Clareri10nt ~
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15. It is documented in Claremont admission files that Deanna Collins was
,
listed in the OTHER CONTACT PERSONS section of records and was never
designated as the #2 Responsible Party for George G. Stewart. The
Advanced Medical Directive for ~rr. Stewart had designated others since
1992. This was noticed and followed thru by all family members of the
Stewarts.
16. At time of Claremont call to Hilda B, Stewart at aprox. lam(11/8/l998)
Ms. Stewart had not known her husband had lain almost 2 Hours
"NO AUDIBLE BLOOD PRESSURE" and still Claremont staff negligently asked
this lay woman,who had no medical knowledge I what she wanted to do for
lit'. Stewart regarding medical care at this time. Plaintiff finds and alleges
Claremont to be negligent in providing correct medical information at both
8,25pm(11/7/l998) when Ms. Collins ~s contacted and at iam(11/8/l998) when
Hilda B. Stewart was called at aprox. lam (11/8/1998).
17. Plaintiff alleges defendant(Claremont) and its attorney acquired
hearsay information regarding Deanna Collins on the night of Nov. 7,1998
into am hours of Nov. 8,1998. Ms. Collins has witnesses to the effect that
she was home the entire evening in question during time of Mr. Stewart is
health problems. There was only ONE(l) call ever placed by Jean Wade,RN of
Claremont to her home phone number. All facts will be provided at a later
time.
18. Expert Medical Advisors can prove B~~li~entnamages against Claremont
nursing staff that delayed treatment of Mr. Stewart's progressive
symptomatic, Pneumonia. THerefore,Plaintiff alleges Mr. StewartJs Wrongful
Death was the result of Claremont Medical/Nursing Negligence.
(Not as the denial of defendant, Claremont, state~as being a "Natural Death").
19. Plaintiff informs all that STATUTES OF LIMITATIONS are based on date of
Discovery of Facts. Plaintiff is well within the Limitations as follows:
. .
I, DIS wvery of Qlaremont all edged Negligence would have occurred aprox.
Nov. 16;1998(Mon.) not on the NOv.7,8 or 9th,1998, as defendant claims.
Hilda B. stewart signed for release of all information on morning of
Nov. 9,1998 and was too upset to immediately review records until after
1rr. Stewart's Memorial Services held week-end of Nov. 14,1998. After which
Ms. Collins request these forms from Ms. Stewart early the following week
to initally review by herself...therefore, Hilda B. Stewart didn't review
Claremont recards herslef until later the week of Nov 16 thrud~v.20,1998.
20.The Original filing of this Lawsuit was established as follows,
1. Hilda B. Stewart filed WRIT OF E,m,:r,TONS-October 13,2000 ,for Claremont case.
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2. Hilda B. Stewart received from defendant(Claremont) attorney a
20 DAY RULE TO FILE dated Nov.1,2000. MS, stewart received this letter on
Nov.4,2000.
J. Hilda B. Stewart RENUNCIATED her position as EXECUTRIX of the Estate of
George G. stewart-dated Nov. 7,1998. after finding out she herself was to
go thru another surgery and would not be able to start legal proceedings in
time.
4. Deanna K. Collins initiated all legal proceedings of this case with an
Original Complaint filed against Claremont dated Nov. 20,2000. This date is
well within legal times established for a20 DAY RULE 'ro FILE RESPONSE by
Plaintiff Hilda B. stewart,~S. Collins was to be the newly designated future
legal party to file any/all lawsuits, on Hilda B. Stewart's behalf and all
other concerned parties of said estate.
Therefore, this Plaintiff rejects all denials of Negligence by Claremont
Nursing and Rehabilitations Center regarding the implied allegations against
this facility and specifically since this Nursing Home facility was
officially cited by the Perula. Dept. of Health for its failure to comply
#ith set standards of nursing care required during an emergency situation
such as involved George G. Stewart.
Therefore,Plaintiff for the Estate of George G. Stewart
REQUESTS this Court ....to let this case Proceed into JURY TRIAL.
Date:
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Trustee Ad litem
11Z~J J~ ~/
Signed:
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PETERS & W ASILEFSKI
By: Charles E. Wasilefski, Esquire
Attorney ill #21027
2931 North Front Street
Harrisbnrg, PA 17110-1280
Attorney for Defendant, Claremont Nnrsing and Rehabilitation Center
ESTATE OF GEORGE G. STEWART
Plaintiff
v.
IN THE COURT OF
COMMON PLEAS FOR
CUMBERLAND COUNTY,
PENNSYLVANIA
CLAREMONT NURSING AND
REHABILITATION CENTER
Defendant
NO. 00 - 7081 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
MOTION OF DEFENDANT.
CLAREMONT NURSING AND REHABILATION CENTER.
FOR JUDGMENT ON THE PLEADINGS
NOW COMES, Defendant, Claremont Nursing and Rehabilitation
Center ("Claremont"), by and through its attorneys, Peters & Wasilefski, and files this
Motion for Judgment on the Pleadings for the following reasons:
1. On October 13, 2000, Plaintiff commenced the above action by
Writ of Summons.
2. Defendant, Claremont, had a Rule to File a Complaint issued and
served on or about November 1, 2000.
3. Plaintiff filed a Complaint on November 26,2000. A copy of the
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initial Complaint is attached hereto as Exhibit" A".
4. Plaintiff then filed an Amended Complaint on November 27,
2000, naming Deanna K. Collins ad litem as a party representative. A copy of the
Amended Complaint is attached hereto as Exhibit "B".
5. Defendant, Claremont, filed Preliminary Objections to the
Amended Complaint raising the issue that Deanna Collins lacked standing and capacity
to bring the action, the Amended Complaint failed to conform to law or rule of court,
the Amended Complaint was legally insufficient, and the Amended Complaint lacked
sufficient specificity to allow a defense.
6. On or about, December 12, 2000, Plaintiff filed a Second
Amended Complaint, now naming Hilda Stewart as Executrix of the Estate of George
Stewart and Deanna Collins - Plaintiffs in Pro Per. A copy of the Second Amended
Complaint is attached hereto as Exhibit "C".
7. On or about January 11, 2001, Defendant, Claremont, filed
Preliminary Objections to the. Second Amended Complaint requesting that the additional
named party be stricken because the Statute of Limitations had run and to disqualify
Deanna Collins from representing the Estate of George Stewart.
8. A Third Amended Complaint was filed on or about March 16,
2001 naming Deanna Collins as Trustee Ad Litem for the Estate of George Stewart. A
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copy of the Third Amended Complaint is attached hereto as Exhibit "D".
9. Defendant, Claremont, filed an Answer with New Matter to the
Third Amended Complaint. A copy of the Answer with New Matter to the Third
Amended Complaint is attached hereto as Exhibit "E".
10. Plaintiff has not filed a responsive pleading to the New Matter,
and therefore, for purposes of this Motion for Judgment on the Pleadings, all
allegations contained in said New Matter are deemed admitted.
11. Plaintiff's Third Amended Complaint fails to state a cause of
action and damages upon which relief can be granted in this matter. See, Deanna K.
Collins. Trustee Ad Litem for the Estate of George G. Stewart v. Rosemary Dailev
Bathavic, Cumberland County Civil Action No. 00-7949 Civil Term, Order and
Opinion dated August 15, 2001. (Court dismissed a similar Complaint because the
complaint failed to allege sufficient facts to support either a wrongful death or survival
. action).
12. Based upon the allegations contained in the pleadings, Plaintiff's
Third Amended Complaint fails to state a claim upon which relief can be granted.
WHEREFORE, Defendant, Claremont, respectfully requests that the
3
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Court enter judgment for Defendant and dismiss Plaintiff's Third Amended Complaint.
Date: October 31,2003
PETERS & W ASILEFSKI
By:
4
Charles E. Wasilefski, Esquire
Attorney #21027
2931 North Front Street
Harrisburg, PA 17110
[717] 238-7555
Attorneys for Defendant
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CERTIFICATE OF SERVICE
This is to certify that I, Pamela J. Crum, a Legal Assistant in the law offices
of Peters & Wasilefski, have this 3. day o~~~ 2003, served a true and
correct copy of the foregoing MOTION OF DEFENDANT, CLAREMONT NURSING AND
REHABILITATION CENTER"FOR JUDGMENT ON THE PLEADINGS upon all parties by
depositing same in the United States mail, first class, postage prepaid, addressed to the counsel of
record as follows:
Deanna K. Collins
46 Willow Street
Highspire, PA 17034
~~~~~
Pamela J. Crum
----
J_,'
" 1-"
-'"~~woll!!b.,
-
Deanna K. collins
46 Willo,w St:r;eet
Highspire,Penna, 170]4
Plaintiff in Pro Per
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
No: 00-7081 Civil Term
DEANNA K. COLLINS-Trustee ad litem
for the ESTATE OF GEORGE G. STEWART
vs.
CLAREMONT NURSING AND REHABILITATION
CENTER
COMPLAINT OF WRONGFUL DEATH
AND MEDICAL NEGLIGENCE
Defendant
I,DEANNA K. COLLINS,acting as TRUSTEE ad litem for the ESTATE OF
GEORGE G. STEWART,REQUESTS THIS COURT TO PROCEED WITH A TRIAL BY JURY
in the above COMPLAINTS OF WRONGFUL DEATH AND MEDICAL NEGLIGENCE
REGARDING THE DEATH OF GEORGE G. STEWART who was a former Fesident of
the above mentioned nursing home facility, and deceased on November 9.1998
due to the following allegations:
1. All CLAREMONT NURSING AND REHABILITATION CENTER'S
Nursing Staff ....were NEGLIGENT in providing proper care to
GEORGE G. STEWART from the time of entry into this facility and throughout
his very short stay as a resident from November 2,1998 until the early
morning hours of November 8.1998.....after which time this man was
transferred to Carlisle Hospital's Emergency Room.
~
2. The Ad~{~io~ Office of CLAREMONT NURSING AND REHABILITATION CENTER
failed to verify a correct phone number of Mr. Stewart's primary legal
heath advocate-his wife Hilda Stewart on entry into this facility
November 2.1998.
3. The Phys~cians contracted by this nursing home facility failed to
properly evaluate or monitor GEORGE G. STEWART'S medical condition
both upon an Initial Physical Exam conducted by this facility on
November 4,1998 and during Mr. Stewart's declining health circumstances
which were'ac~ed upon from the evening of November~~~19.98 until~he
early A.M. (morning) hours of November 8,1998.
{,
, 4. The foHowing Licenseo .iursing S'UFF of CLAREI1IONT lIRSINq AND.
P~HABILITATION CENTER ACTED WITH MEDICAL NEGLIGENCE AND USED IMPROPER
MEDICAL JUDGEMENT IN the care of GEORGE G. STEWART on the evening of
November 7,1998 untiftne early AM hours of November 8,1998 whereupon
Mr. Stewart was transferred to Carlisle Hospital's Emergency Room.
'...~-"IIW'""'
,
ROSEMARY DAILEY BATHAVIC,LPN
BARBARA ANN BAER, LPN
MARSHA FORSTER,RN
JEAN WADE,RN
J)~ The following Physicians contracted by CLAREMONT NURSING AND
REHABILITATION CENTER WERE BOTH MEDICALLY NEGLIGEN~ AND USED IMPROPER
JUDGEMENT WHILE CARING FOR GEORGE G. STEWART who resided as a resident
of this facility:
Michael Gawlas,DO
of Good Hope Family Physicians
As a result of the combined acts of MEDICAL NEGLIGENCE the
John Charles SChiro,MD
ESTATE OF GEORGE G, STEWART CHARGES THE CLAREMONT NURSING AND
REHABILITATION CENTER with the WRONGFUL DEATH .,ACT!ON and the
GROSS MEDICAL NEGLIGENCE of care which:resulted in the untimely death
of Mr. George G. Stewart on November 9,1998.
Wherefore the Plaintiff-Trustee ad litemlDEANNA K. COLLINS
praysforJUDGElVlENT-AGAINSTCLAREMONT NURSING AND REHABILITATION CENTER
/
in the amount of $ 250,000. .' f!, () _ _ . .n', .
Signedl~l(~~' ~~__ .
Date I 7JEAAftJ~.CoLUNS I~ C<JJ..~
'--f}AV d-V) :J80 D
- - ."..,
TRUE COPY FROM RECORD
In TestInIonY WIlIJI'8Of, lhere,untosetmy haw
and the'... of said ~
"* I!);~ ~~/fJc ,,', '. . ,_' ;?OOO~
ProthoriOtarv
- ~.
~:"-'
, .
~eanna K. Collins
46 Jillow st}eet
Highspire,Penna. 170J4
for the ESTATE OF GEORGE G. STEwART
IN THE COURT OF CO[,jMON PLEAS
OF CUVffiERLAND COUNTY,
PENNSYLVANIA
DEANNA K. COLLINS-Trustee ad litem
CIVIL ACTION-LAW
No: 00-7081 Civil Term
4- tn e:N D f3-j)
COMFLAIHT OF VlRONt8,FU:E;:?DEli:?r:-r
AND lViEDICAL NEGLI[ENCi"
~,~~_~,\, ~ - -',S
~..-'':~ -i . ~\t;?
I,D~ANNA K. COLLINS ,acting as ~RUS~EE ad litem for the ESTATE~~ ~ "iJ~
GEORGE G. ST:t: .iART, REQUESTS TnIS COURT TO PROCEED VIITH A TRIAl:, .$:i:?JUR:Y ~:O\
7: :,;1 ~
in the above COi,tJPLAINTS 0:2 NROiiGFUL DEATH AND ;,IEDICAL NEGLIGENCE'2 .-
Plaintiff in Pro Per
vs.
CLAr\Ei,10HT NURSING AND REHABILITATION
CE:NTER
Defendant
,';2GARDING TH=: DEATH OF GEORGE G. S'rE;IART who was a former I?esident of
the above mentioned nursing home facility, and deceased on November 9,1998
due to the following allegations:
1. All CLAREMONT i:DRSrnG AND REHABILITA'i'ION CEr;TERI.s
;,;ursing Staff .... were N2GLIGENT in providing proper care to
G20RGE G. STE.JART from the time of entry into this facility and throughout
his very short stay as a resident from November 2,1998 until the early
-
morning hours of November 8,1998.....after which time this man was
transferred to Carlisle Hospital's Emergency Room.
2. The Adm_15:faiDnr. Office of CLARET,lONT rlU:qSHiG AND REHABILITA'I'ION CENT:::R
failed to verify a correct phone number of lV~. Stewart's primary legal
heath advocate-his wife Hilda Stewart on entry into this facility
;,ovember 2,1998.
J. The Physicians contracted by this nursing home facility failed to
properly evaluate or monitor GEORGE G. STEWART'S medical condition
both upon an Initial Physical Exam conducted by this facility on
j;ove~ber 4,1998 and during wr. Stewart's declining health circumstances
which were acted upon from the evening of November 7,1998 until ~ae
early A.L(morning) hours of November 8,1998.
~J;'w
4. The fOllowing Licensea J-lursing S'fAFF of CLAREr.JON~ ..J!'<SIj\fG AliD
3.~;~,',BILITATION CENTE" ACTEDdITH [.TEDICAL NEGLIGENCE MiD USED IMPROPER
r'::EDICAL JUDGK/lENT IN the care of GEORGE G. STEWART on the evening of
November 7,1998 untirthe early AM hours of November 8,1998 whereupon
;'i,r. Stewart was transferred to Carlisle Hospital's Emergency Room.
ROSE~~RY DAILEY BATHAVIC,LPN
/.1AHSHA FORSTER,RN
BARBARA Al,N BAER,LPN
JEAN WADE,RH
J~ The following Physicians contracted by CLAREMONT NURSING AND
RSHABILI'rATION CENTER vlERE BOTH MEDICALLY NEGLIGENIT' AND USED Iiv1PROPER
JUDGEi;TENT v{JiILE CARING FOR GEORGE G. STEWART who resided as a resident
of this facility:
r:;ichael Gawlas,;)O
of Good Hope Family Physicians
As a result of the combined acts of ifillDICAL NEGLIGENCE the
John Charles Schiro,r,[)
ESTATE OF GEORGE G. STENART CHARGES THE CLAREMONT N~RSING AND
REHABILITATION CEN'rER with the WRONGFUL DEATH ACTION and the
GROSS vlliDICAL NEGLIGENCE of care which resulted in the untimely death
of ~~. George G. Stewart on November 9.1998.
;iherefore the Plaintiff-Trustee ad litem,DEANNA K. COLLINS
~
prays for JUDGEIiIC:NT AGAINST CLAREMONT NURSING AND REHABILITATION CENTER
in the amount of .$ 250,000. . ' ~ ';
Signed: ~ K.(!Il-Qiu4' ./;j~ 'N___ '
Date, 7JEANtJ~.Co{l./A/S I~ oJJ!t.[~
'---(UV -;)1/) ')800
.1
I .
~""'~--,,;
'" , '".
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA
1 Courthouse Square,Carlisle 17013
DEANNA K. COLLINS- Trustee ad litem
for the
ESTATE OF GEORGE G. STEWART
plaintiff In Pro Per
SUMMONS IN A CIVIL CASE
Case Number: 00-. 7o!?/
VS.
DEMAND TRIAL BY JURY
CLAREMONT NURSING AND REHABILITATION CENTER
Defendant
TO: Claremont Nursing and Rehabilitation Center
375 Claremont Dri~e
Carlisle,Pennsylvania 1701J
YOU ARE HEREBY SUMMONED and requested to serve upon Plaintiff's Attorney
or(Legal Counsel):
DEANNA K. COLLINS-Plaintiff In Pro Per
46 Willow Street
Highspire,Pennsylvania 17094
an ANSWER to the complaint received by your ATTORNEY for Defendant:
Charles E. Wasilefski,Esq......within ~ days after service of
both the COMPLAINT of MEDICAL NEGLIGENCE AND WRONGFUL DEATH and this
SUMMONS,exclu~ive of the day of seevice. If you fail to do so,judgment
-
by default will be taken against you for the relief of the complaint
in the amount of $o?S2~ ~'tJ--d
/'
the Glerk of the Court within a reasonable time after service.
. You must also file your answer with
Date: '?:i~ I/UV fl 'Z ~ (" {y {! "
Signed: I /~<:Zfi/JW-i. II": f {(([e.,0
DEANNA K. COLLINS
Plaintiff In Pro Per
-, \ ~
TRUE COPVi FaQM'fU!CORO
In TllStltJlO!lY wh8f8Otl, t:~,~,..;fIIY ltafto
andttlelllllll, of!ald,~"",~, ,',~,-,., _PL,' ,
~~?t7jf;V~' ,.../
(/' .1Ii4_,
' ' , 11II
n1"(' 1 ii
t!f,/ .:- .'
w_
.\;;
HILDA B. STEWART-EXECUTORIX of the
, .
IN THE COURT OF CO~V,ON PLEAS
FOR CUMBERLAND CQHNT5 .;;;
;;:: CJ
uc:; ~1 ,-
rl:lrr: '
z"';;:-) u
2: r-~ s
CIVIL ACTION-~; (....;, ,;,J~,
NO; 00-7081 ci~fi T~m:~;)
CLAREMONT NURSING AND REHABILITATION CENTER - c ~ ,-.l
,. -7 ~. -:--1
mt,;E COPY FROM REOm~ndant ~NDED COMPLAiilT M ~
in T~'sthrK'l/~Y ';Nh~;e~.f, ! Mfa Lmto,~t my, hc.nd :
~H li'8 :>;!;;il ,l~".,!(j C,',,,,lt.t C.arii::;j~, Fa. MEDICAL NEGLIGENCE AND
iIJis {~~ day ,~,~ lu. JtHtO ; WRON~~~~---=-l)~: /111:l~ :
J'"},,- Q. ~ri;~: _'-. ,; :~~~~~ TRIAL BY JURY I
ff/J}1fN !)G-f) f.dl'lJ;J / 11;;;;rt-~; 1~/kJ:MtJcJ
v
ESTATE OF GEORGE G. STEWART
AND DEANNA K. COLLINS--Plaintiffs In Pro Per
PENNSYLVANIA
VS.
I,HILDA B. STEWART,and I,DEANNA K. ~OLLINS, acting jointly as Plaintiffs
In Pro Per for the ESTATE OF GEORGE G. STEWART, Requests this court to
proceed with a Trial By Jury regarding a Complaint of two causes of action
(1) MEDICAL NEGLIGENCE and (2) WRONGFUL DEATH for the death of
w~. GEORGE G. STEWART,who was a former resident of Claremont Nursing and
Rehabilitation Center,of Carlisle ,Pennsylvania, who died November 9,1998.
The Plaintiffs of this Estate charge this nursing home facility with the
following allegations;
1.The Admission's Office failed to verify a correct telephone number of
Hilda B. Stewart (wife) the Primary Legal Medical Health Advocate of
Mr. Stewart upon admission to this faciltiy......there was no phone number to
reach Nrrs. Stewart until this gentleman was in declining health.
(11/7/1998) aprox. 8,25 pm. when this facility had to call Mr. Stewart's
daughter to provide the corrected phone number of Hilda B. Stewart (wife) ,
The Estate alleges Negligen~...~mproper admission procedures in the delay
of emergency treatment of hk. Stewart.
2. Nursing Staff wlilsNegl,i.gent -failed to .Provide an Initial NURSING ~ PLA:
after admission to this faciltiy to ensure the Nursing Needs of this
resident were met -------Especially regarding the HIGH RISK POTENTIAL for
INFECTION of this elderly man who had EMPHYSEMA at admission.
(i ]
j
~- ' ~!!iW~o;,-~:
3, All Claremor:t Nursing S ff that were to care for', ,s man often left
him unattended in the T.V. Dayroom.....since he was basically independent anc
a minimum care resident. The ESTATE Alleges that very little medical or
nursing care was given r~. Stewart from 11/2/1998...Admission date to
11/7/1998 when he was beginning to decline in health. This elderly man was a
HIGH RISK for INFECTIONS and should have been monitored for the Sypptoms
of Pnuemonia which the ESTATE alleges the facility failed to notice any
Symptoms until P~. Stewart had to be placed on Oxygen and put into bed
at 11/7/1998 aprox. 8.10pm........The facility was Negilgent in(l) Failure
, ,
tOc"Aulize the .significa~~ in Medical Condition (2) Failure to
Immediately call Hilda B. Stewart (wife) after calling daughter at aprox.
8.25pm....it was not to be assumed the obligation of Ms. Collins to
intercede in the notifying of Hilda Stewart. Also On several occasions
both Hilda Stewart and Deanna Collins(daughter) telephonedl~. Stewart......
he mentioned he was unattended and sitting in the T.V. Dayroom......this is
noted within the Nursi~g notes. 11/2/1998 aprox. 8'12pm when Hilda Stewart
spoke to her husband and another time on 11/,,1998 aprox. 4pm when
Ms. Collins spoke to her father to tell him he was coming to live with her.
W~. Stewart was also in Dayroom noted 11/J/1998 aprox. 8am. in the nursing
notes. The aides and Nurses on duty often were too busy to properly
observe changes in medical status......this is the alleg~ion of the Estate.
Ij-.The Physicians contrated by this facility as so called "House Doctors"
failed to properly Evaluate George Stewart.s medical condition upon the
facility admission physical given by Dr. Michael Gawles 11/4/1998.
The Estate alleges...... .11/2/1998 Nurses" Note Entry states Dr. Gawles
perscribed medications for Mr. Stewart without first seeing this new
resident. Mr. Stewart was later given a physical by Dr. Gawles 11/4/1998
aprox. 11:15am.Dr. Gawles perscribed two(2) Contradictory medications
HALDOL and SINEIIJET,.~d'u.A(e.rul. He also diagnosed P~. Stewart with
Parkinsons Disease........ .which Mr. Stewart never had,lotl No CAT-Scan or
testing was done.tb ~ [JAl1./<i;',,,/V I~.<;'WL, ( ':1 )
.
"
...."'~m;~1:H!,
, The Estate alleges the ne'-,medications prescribed wer an assumption of
~-
Mr. Stewart h~ving !arkinsons Disease.
Also...Hilda Stewart(wife) was
,
never told of the m~dication changes or the fact that Mr. Stewart could
have received medical care from his own medical doctor, this was a vio4!tion
of Mr. Stewart's Patient Rights.
~. It is also noted that on 11/7/1998 aprox. 8:10pm Dr. Schiro was called
during the Emergency ...... this Physician ,;',was'-the"On"Call~' physician for
the facility medical group........the Estate alleges this doctor
was Negligent in providing immediate care for 1tr. Stewart who was a
HIGH RISK for INFECTIONS. .....this p~ysieian failed to visit Mr. Stewart
acting only on the "Hear-say" information of Claremont's Nursing staff
and ~ailed to prescibe antibiotics immediately or admitting Mr. Stewart
to a hospital for further medical attention.
~ Therefore, the Estate alleges Claremont Nursing home facility Physicians:
Dr. Michael Gawles and Dr. John Schirowere-,Negligent4in providing proper
medical care for Mr. Stewart from 11/2/1998 to 11/8/1998 aprox. lam.
jeopordising the Health-life safety of George Stewart and violating his
Patient Bill of Rights by the facility to provide I~. Stewart with care by
his own doctor.....and Notifying Kilda Stewart(wife) of any new medication
changes.
~, The following Licensed Nursing Staff of Claremont acted with Medical
Negl~gence during the Emergency Situation beginning on the evening of
11/7/1998 aprox. 8:10pm until 11/8/1998 aprox lam.:
ROSEMARY DAILEY BATHAVIC,LPN
MARSHA FORSTER,RN
JEAN WADE,RN
BARBARA ANN BAER,LPN
BARBARA ANN BAER.LPN- Charge Nurse and Jean Wade-3pm shift supervisor failed
If I' "'-
to realize the immediate significance of declining health of 1tr. Stewart
who previously as noted was an jrndependent ambulatory resident.ll/?/1998
aprox. 8:10pm &~. stewart had to be put into bed and placed on Oxygen.
t I lng hls concious
At this time it is also noted that N~. Stewar was oos' .
(~) Th (2) two 3pm to l1pm Nurses were Neglegent in
responsiveness ~ese
responding to a falling blood
72/38. 'lormally ~x. Stewart's blood
pressure: l'
- (:1J
~.
.. ,I
~~h'l
was within the range of '8/60-58. This was almost
~ percent loss of
blood pressure. Still these Nurses failed to realize an emergency.
The Estate alleges the Claremont Nursing staff was negligent
in LCTING"UPON A medical emergency at *8:10pm 11/7/1998 for
George Stewart...by Barbara Ann Baer,LPN and Jean Wade,RN.
?, IIp. to 7am 11/7/1998 to 11/8/1998 The Estate alleges ROSE~~Y DAILEY
BATHAVIC,LPN was Negligent in providing IMr,lliDIATE RESCUE NURSING CARE
to w~. Stewart from 11/7/1998 aprox. 11:15pm when Mr. Stewart was found
without audible blood pressure until 12'30~m when RN Shift Supervisor came
to evaluate r~. Stewart's medical condition. Ms. Bathavic breached her
nusring duties by failing to give immediate CEE or call 911 for an ambulance
transport ~~. Stewart to a hospital emergency room. Ms. Bathavic
by her Medical Negligence to provide immediate rescue measures caused
severe,irreversible body system damages to Mr. Stewart resulting in the
later diagnosed Pnuemonia to be considered over-whelming and untreatable.
Ms. Bathavic is charged with the specific "Wrongful Death Action" by
her ACTS of O~~SSION to provide any Rescue Nursing care for Mr. Stewart
and making any future rescue,attempt to save this m~~'s life impossible.
Therefore, it is the Estate's allegation that by Ms. Bathavic's Negligence
and Breach of Nursing Duty to perform Rescue Measures that W~. George
Stewart's death was caused by this nurse's specific ACTS of Ommission
of Nursing Care. fYI/<. 5tEw4-14 WAS'.k "FUll COOJi 1MM<iad,
,01 Also the Estate alleges that Marsha Forster,RN llpm to 7am Shift Supervisor
was Negligent to also provide IP$lliDIATE RESCUE Measures for h~. Stewart.
At the time of this nurse's evaluation of Mr. Stewart.......this man had
layed aprox. 1 hour and 45 minutes......ll/7'98 11:15pm to12:30~rn(11/8/'98
"without Audible Blood Pressure". Still this Registered Nurse continued to
evaluate his status........not calling 911 immediately to send this man
to the hospital. Marsha Forster,RN. was negligent in calling Hilda Stewart
and Dr. Schiro immediately.,...... both were later called. c. . . . . . . . '. . ..;. . .
,klilda. St'e-war't called aprox/~'45Aifr1.1IIB:l' 98 a.~d- Dt... John Schiro called
, _ In ,. _'-'
ac aprox. iam il/d/'~d.
( U-)
M.'-,""
';"'.." 1-
Ie, '
*Ii';'w"&.r
II. The Estate alleges both ROSEMARY DAILEY BATHAVIC,LPN JU,D NMRSHA FORSTER,RN
of Claremont facility were Negligent in providing Immediate Rescue Care
for Mr. Stewart. However, by the time Ms. Forster,RN arrived to evaluate
~~. Stewart's medical condition......the DAMAGES were already done
while Mr. Stewart previously lay 1 Hour and 15minutes under Ms. Bathavic's
Duty as D-WING CHARGE NURSE
being in a COMATOSE condition without
AUDIBLE BLOOD PRESSURE ~The Estate charges the entire Nursing Staff
noted in the 'MedicaL Records of Claremont Nursing and Rehabilitation
Center with Medical Negligence in providing adequate Nursing care to
ensure the hledical eafetyand tI'~~Nr. GEORGE G. STEWART,resident of
this nursing home. By Breach of NURSING Duty to perform Nursing Care
in an Emergency situation with the Standards of Care expected of the Staff
Nurses .; -. iandcoNegligence of"thefacili ty,-?ti:Y6i1:6.-IAMi to evaluate Mr.
George G. Stewart's medical status during his entire brief stay at this
nursing home facility both during an admissions physical exam 11/4/'98
by Dr. Gawles and the Emergency Situation the night of 11/7/'98 t011/8/'98
by the "On-C!all" doctor- Dr. Schiro.......the Estate of George G. Stewart
charges Claremont Nursing and Rehabilitation Center with the
CO&mINED ACTS OF MEDICAL NEGLIGENCE which it alleges caused the DEATH
of Nffi. Stewart who died 11/9/1998 at ~:29am. Therefore, the Estate of
George G. Stewart charges Claremont Nursing and Rehabilitation Center
with
the WRONGFUL DEATH ACTION...also.
fts a result of the cor,mINED ACTS OF
GEORGE G. STEWART CHAJtGES CLAREMONT
MEDICAL NEGLIGENCE the ESTATE OF
AND NURSING R~~ABILITATION CENTER
WITH, .(1;) .llfeDICALNEGLIGENCE causing the (2) WRONGFUL DEATH ACTION
which resulted in the Death of N~. Stewart.
Wherefore the Plaintiff~...Hilda B. Stewart-Executorix(wife) and
Deanna K. Collins(daughter) pray for a JUDGEr~NT against CLAREMONT
(s-J
--"
, ",' I,,,"' ~,..
~~ Ii~",;
..
NURSING AND REHABILITATION CENTER IN THE AMOUNT OF
:I riSQ 00 ()
feeling this amount is just and proper since r~. George G. Stewart)
inspite of his age of 82 years,....was a contributing person to
society via his SONGWRITING accomplishments which are copyrighted in the
Library of Congress. Washington.D.C.........These compositions were
to be-used in professional recordings......this is a si~ificant loss to
~
the itstate in that some of the music was incomplete and,:could have been
finished in his life time. ~tr. Stewart was still competent in thinking
capacity.
-
~d:J( '-}t.-e~ ~- MP-t/~
U~~ (!~
. (daughter)
, EXECUTOR IX (wife)
< I
f/a/J1tlT~ PN Pel(
Date:~ 1.1-y,.1&&O
(L I
\, &/ ./
vs.
(IN ~E COURT OF COrillfJON PLEAS
) FOR CUMBERLAND COUNTY
( PENNSYLVANIA
) CIVIL ACTION-LAW
( NO: 00-7081 Civil Term
HILDA B. STEWART-EXECUTI 'X
for the ESTATE OF GEORGE G. STEWART
Al'ID DEANNA K. COLLINS--Plaintiffs IN PRO PER
CLAREmONT NURSING AND REHABILITATION CENTER
Defendant
) ,gl1\'\IVl~ IN A
(
CIVIL
LAWSUIT
;'~,4.j;,f &.
7f?i1tl-f)$ JUIUf
TO, Charles E, Wasilefski,Esq.
2931 North Front Street
Harrisburg, Pennsylvania 17110
I, HILDA B. STEWART,EXECUTORIX of the ESTATE OF GEORGE G. STEWART and
I, DEANNA K. COLLINS ,daughter, Serve upon the Defendant-CLAREMONT NURSING
AND REHABILITATION CENTER-S attorney of Counsel: Charles E. Wasilefski,Esq.
a Certified Copy of the ~vlliNDED COMPLAINT for r~ICAL NEGLIGENCE Al'ID
WRONGFUL DEATH..........DATED December 12,2000 and a Letter of Summwns.
Your client,CLAREMONT NURSING Al'ID REHABILITATION CENTER OF CARLISLE,
l' :;157) () () ()
is being sued in the amount of
PENNSYLVANIA
for 1ffiDICAL NEGLIGENCE AND WRONGFUL DEATH.
For Judgement
Your response to this action is requested by submitting an ANSWER to
the Court wi thin ,;( () DAYS of SERVICE of this COlVIPLAIN~ Md 5UIYtf110Il$
-
sending a copy also to the Plaintiffs IN Pro.Per to the address below:
HILDA B. STEWART-EXECUTORIX
c/o DEANNA K. COLLINS
46 Willow Street
Highspire,Penna. 17034
Signed, X
-;JJ tv ;.{ -
)f p./~ - t:xte LI /x'/)'!.
9jJ0?t~K; f}dJ-~
( dc.uf~
/) aJle.- (
'/\,-", .0 _ t" i. A ~ p ,. _-l
~c..v~d-o<TV
,
DEANNA K. COLLINS-Trustee Ad lite"" ...
for the ESTATE OF GEORGE G. STEWART
, Plaintiff
VS
'IN THE COURT OF C0P11H'10N P'.CEAS FOR
:CU~BERLAND COUNTY,PENNSYLVANIA
.
CLAREIl1 ONT NURSING AND REHABILITATION
CENTER Defendant
NO: 00-7081 Civil Ter~
: CIVIL ACTION-LAW
:
AfY1ENDED CO!l1PLAINT OF
: (1) rt\ EDICAL l'<"EGLIGENCE and
(2) WRONGFUL DEATH
:
. **** DE~AND JURY TRIAL
Da te : fVl fJ1LC J-/ J" J d..~ /
I,Deanna K. Collins,recently appointed rrRus'rEE Ad litel'l1. for the ESTATE of
GEORGE G. STEWART, Charges CLAREfI{ONT NURSING AND REHABILITATION CENTER WITH
THE-FOLLOWING ALLEGATIONS:
j j> The Ad Vl1issions Office Failed to Verj fy a correct telephone nurn berfor..
Hilda B. Stewart(wife),George G. Stewart's Pri~ary Legal-Health Advoca~e.
r
The~Estate alledges this action created a proble~v~~ later significantly
delayed Emergency Care for this resident. (Nov.2,1998)
~., On Nov.7,1998 at aprox. 8:25p. Jean Wade,RN Supervisor{Jp to lip) had to
contact Deanna Collins(daughter) to get a corrected phone nuntber for .
Hilaa Stewart(wife). The Estate alle6es the following.(l) Jean Wade,Rn Suprv.
Fail~d to Properly follow Doctor's Orders given v~rbally at 8:10p(11/7/1998)
to Immediately call FaMily.. . regarding the decline of George Stewart's
health status. (2) Failed to ImMediately call Hilda Stewart after a correct
phone nup>\ber was given to.her.....Instead this Nurse BREACHED HER DUTY
again. This Nurse Assuf>\ ed an UN-INFORfr\1ID FAi'l\ILY PARTY(Deanna Collins)
could relay a t11 ESSAGE NEVER SPOKEN to COLLINS . At 8: 25p Jean Wade, RN SUPBRVli
never told Collins of any decline in health status for George Stewart. This
Nurse never told Collins there was alc:hange in the vital sig1lllls' nor the fact
that George Stewart was loosing conciousness. Therefore,. Inspi te of the, fact
Deanna Collins called Hilda Stewart shortly after Jean Wade,Rn contacted her
there was no'~e~~age to relay to Hilda Stewart via Deanna Collins. Jean Wade RN
therefore,(@)BREACHED her DUTY to adequate follow Doctor's Order and Failed
to ensure adequate E~lergency Care for George Stewart due to no proper
telephone number for Hilda Stewart being readily avai Jable.
j.- Jean Wade ,RN Supervisor failed to take any E Yl1ergency Actions while George
Stewart lay in a' falling. Blood Pressure status frol"1 aprox. 8p (11/7/1998)
untifthe end of her shift at aprox. IIp (11/7/1998) Therefore this Nurse was
Hegligent for aprox. J hours.... byherBREACH OF DUTY to act.... .per above
I1'l entioned facts...... .No Fa ",ily Party was aware of what was happeninl} to
Cieorge G. Stewart until 1a Nov. 8,1998. (Hilda B.._Stewart per docu"1entat-ion)
~Nursing Staff Failed to Rrovide an LNITIAL NURSING CARE PLAN for George
Stewart on Ad", ission. This Resident was a High-Risl\( for Infection and already
had.a Pre-'Ad Y>tission Diagnosis of J'Y\ild E"'physe M a; The Estate alledge's
NegLigence to be able to Provide adequate care or have on file the necessary
plan's needed to ensure physical, emotional and i'Yl ental safety of this
Residen~. EspeciaLLy in an ~~ergency situation.
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Claremont Nursing S', ,'f that were to care fOl^ t ,8 man often left
. "
unattended In tne T.V. Dayroom.....since he was basically independent anc
a minimum care resident. The ESTATE Alleges that very little medical or
nursing care was given btr. Stewart from 11/2/1998...Admission date to
11/7/1998 when he was beginning to decline in health. This elderly man was a
HIGH RISK for INFECTIONS and should have been monitored for the Sy~ptoms
of Pnuemonia which the ESTATE alleges the facility failed to notice any
Symptoms until 1tr. Stewart had to be placed on Oxygen and put into bed
at 11/7/1998 aprox. 8:10pm........The facility was Negilgent in(1) Failure
, ,
to^~e.ali;ze the Significa~ in Medical Condition (2) Failure to
Immediately call Hilda B. Stewart (wife) after calling daughter at aprox.
8:25pm. ...it was not to be assumed the obligation of Ms. Collins to
---
intercede in the notifying of Hilda Stewart. Also On several occasions
both Hilda Stewart and Deanna Collins(daughter) telephonedW~. Stewart.....,
he mentioned he was unattended and sitting in the T.V. Dayroom......this is
noted within the Nursi~g notes. 11/2/1998 aprox. 8:12pm when Hilda Stewart
spoke to her husband and another time on 11/~J1998 aprox. 4pm when
Ms. Collins spoke to her father to tell him he was coming to live with her.
~~. Stewart was also in Dayroom noted 11/3/1998 aprox. 8am. in the nursing
notes. The aides and Nurses on duty often were too busy to properly
observe changes in medical status......this is the alleg~~ion of the Estate.
6The Physicians contrated by this facility as so called"House Doctors"
failed to properly Evaluate George Stewart's medical condition upon the
facility admission physical given by Dr. Michael Gawles 11/4/1998.
The Estate alleges...... .11/2/1998 Nurses'< Note Entry states Dr. Gawles
perscribed medications for Mr. Stewart without first seeing this new
resident. Mr. Stewart was later given a physical by Dr. Gawles 11/4/1998
aprox. 11:15am.Dr. Gawles perscribed two(2) Contradictory medications
HALDOL and SINEilIET ,.MiYl.e.AC[ru!.. He also diagnosed Mr. Stewart with
D'
Parkinsons Disease.........which Mr. Stewart never had!:!! No CAT-Scan or
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testing was done .&.' ~ 14AAi/J'~N ,,'t<~~.E.., f..., I
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The Estate alleges the ne',u medications prescribed werp an assumption of
~.
ffur,'Stewart having Parkinsons Disease.
Also. . .Hilda S tewa.rt (wife) was
,
never told of the medication changes or the fact that Mr. stewart could
"
have received medical care from his own medical doctor, this was a viol~tion
of Thtr. Stewart's Patient Rights.
~. It is also noted that on 11/7/1998 aprox. 8:10pm Dr. Schiro was called
during the Emergency..... .this Physician i_was'~the"On=Call',' physician for
the facility medical group........the Estate alleges this doctor
was Negligent in providing immediate care for Atr. Stewart who was a
HIGH RISK for INFECTIONS. .....this physician failed to visit Mr. Stewart
acting only on the "Hear-say" information of Claremont's Nursing staff
and ~ailed to prescibe antibiotics immediately or admitting Mr. Stewart
to a hospital for further medical attention.
~ Therefore, the Estate alleges Claremont
Dr. Michael Gawles and Dr. John Schiro
Nursing home facility Physicians:
were,Negligent4in providing proper
medical care for f~. Stewart from 11/2/1998 to 11/8/1998 aprox. lam.
jeopordising the Health-life safety of George Stewart and violating his
Patient Bill of Rights by the facility to provide Mr. Stewart with care by
his own doctor.....and Notifying Kilda Stewart(wife) of any new medication
changes.
" The following Licensed Nursing Staff of Claremont acted with Medical
Negl~gence during the Emergency Situation beginning on the evening of
11/7/1998 aprox. 8:10pm until 11/8/1998 aprox lam.:
ROSEA~RY DAILEY BATHAVIC,LPN
MARSHA FORSTER,RN
BARBARA ANN BAER,LPN
JEAN IVADE, RN
BARBARA ANN BAER,LPN- Charge Nurse and Jean Wade-)pm shift supervisor failed
It /'''',
to realize the immediate significance of declining health of Arr. stewart
who previously as noted was an jlndependent ambulatory resident.ll/7/1998
aprox. 8:10pm frrr. Stewart had to be put into bed and placed on Oxygen.
t I g lllS Conclous
. . k' I n,o+ed +llat nilI'" . Stewar was oosin .
At this tlme lc lS a so _ v v I -
~ ' ) t 11 ~. rses were Neglegent in
responsiveness(~) These (2 two Jpm 0 pm .IU c ,',
resDonding to a falling
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72/~,9. Normally ~rr. Stewart's blood
blood pressure: '/'
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waR within the range of ~ ,/60-58. ThiB waB almost 4 percent loss of
blood pressure. Still theBe NurBes failed to realize an emergency.
The Estate alleges the Claremont Nursing staff was negligent
in ftCTING,UPON A medical emergency at *8:10pm 11/7/1998 for
George Stewart...by Barbara Ann Baer,LFN and Jean Wade,RN.
Q IIp. to 7am 11/7/1998 to 11/8/1998 The Estate alleges ROSE~~RY DAILEY
II
BATHAVIC,LFN was Negligent in providing INThlliDIATE RESCUE NURSING CARE
to fQr. Stewart from 11/7/1998 aprox. 11:15pm when y~. Stewart was found
without audible blood pressure until 12:30~m when RN Shift Supervisor came
to,evaluate ~~. Stewart's medical condition. Ms. Bathavic breached her
nusring duties by failing to give immediate C~ or call 911 for an ambulance i
transport Mr. Stewart to a hospital emergency room. Ms. Bathavic
by her Medical Negligence to provide immediate rescue measures caused
severe,irreversible body system damages to ,Mr. Stewart resulting in the
later diagnosed Pnuemonia to be considered over-whelming and untreatable.
Ms. Bathavic is charged with the specific "Wrongful Death Action" by
her ACTS of O~~ISSION to provide any Rescue Nursing care for Mr. Stewart
and making any future rescue.attempt to save this man's life impossible.
Therefore, it is the Estate's allegation that by Ms. Bathavic's Negligence
and Breach of Nursing Duty to perform Rescue Measures that y~. George
Stewart's death was caused by this nurse's specific ACTS of Ommission
M 5+~ nr "r"t'l"C',n-I;'
of Nursing Care. f' fl<. leu/1M WAS'1f- rUII Ou,c MAJ_.uted.-
)( Also the Estate alleges that Marsha Forster,RN 11pm to 7am Shift Supervisor
was Negligent to also provide IMillliDIATE RESCUE Measures for Mr. Stewart.
At the time of this nurse's evaluation of rnr. Stewart.......this man had
layed aprox. 1 hour and ~5 minutes......11/7'98 11:15pm to12:30~m(11/8/'98
"without Audible Blood Pressure". Still this Registered Nurse continued to
evaluate his status........not calling 911 immediately to send this man
to the hospital. &~rsha Forster,RN. was negligent in calling Hilda Stewart
and Dr. Schiro immediately........ both were later called. c. . . . . . . .. . ~, . . . .
l1ildll St'll.wart- called aprox.' ~';Jf.5AylilJIIB/' 98 and' Di:ri John Schiro called
at aprox. lam 11/8/'98.
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ji. The Estate alleges both ROSE~qy DAILEY BATHAVIC,LPN AND ldARSHA FORSTER,RN
of Claremont facility were Negligent in providing Immediate Rescue Care
for ~rr. Stewart. However, by the time Ms. Forster,RN arrived to evaluate
P~. Stewart's medical condition......the DAWAGES were already done
while Mr. Stewart previously lay 1 Hour and 15minutes under Ms. Bathavic's
Duty as D-WING CHARGE NURSE
being in a CO~~TOSE condition without
AUDIBLE BLOOD PRESSURE ~The Estate charges the entire Nursing Staff
noted in the -Medical, Records of Claremont Nursing and Rehabilitation
Center with Medical Negligence in providing adequate Nursing care to
ensure the Medical oo.fety and' 1.J.'I1- ~Mr. GEORGE G. STEWART, resident of
this nursing home. By Breach of NURSING Duty to perform Nursing Care
in ffil Emergency situation with the Standards of Care expected of the Staff
r';urses .; '. iand~Negligence of 'the ,facili tYfJiY916.-IM(!j to evaluate l'IIr.
George G. Stewart's medical status during his entire brief stay at this
nursing home facility both during an admissions physical exam 11/4/'98
by Dr. Gawles and the Emergency Situation the night of 11/7/'98 t011/8/'98
by the "On-aall" doctor- Dr. Schiro.......the Estate of George G. Stewart
charges Claremont Nursing and Rehabilitation Center with the
CO~rnINED ACTS OF MEDICAL NEGLIGENCE which it alleges caused the DEATH
of frffi. Stewart who died 11/9/1998 at ~l29am. Therefore, the Estate of
George G. Stewart charges Cilaremont Nursing and Rehabilitation Center
with
the WRONGFUL DEATH ACTION...also.
ft's a result of the COMBINED ACTS OF
GEORGE G. STEWART CHARGES CLAREMONT
MEDICAL NEGLIGENCE the ESTATE OF
AND NURSING REHABILITATION CENTER
WITH i1) ~DICF~,NEGLIGENCE causing the (2) WRONGFUL DEATH ACTION
which resulted in the Death of Nrr. Stewart.
CS)
,
TheFefore, the ESTATE OF~EORGE G. STEWART Prays for a JUDGEMENT
in the AmOUNT of " P ~S-O.., (JcP-eJ
- '
for_ the(1) MEDICAL NEGLIGENCE(CoMbined Actions of Negligence by 'this facility)
and__the(2) WRONGFUL DEATH which resulted to George G. Stewart by
, ,
the CLAREMONT NURSING AND REHABr~ITATION CENTER,Carlisle,Pennsylvania 17013.
The~state feels this Amount is just and proper,since George G, Stewar't,
inspite of his age, was a very active contributor to society via his
Musical acco""'plishm.ents. Many of these compositions were to be
professionally recorded.....this is a significant financial loss to the
value of the Estatei tself. Georee G. Stewart was still co I'1'\petent enough to
have finished J'1ost of his/Vl usical works in his life ti 111 e. He was still
rY\ entally cOh').petent and very creative for an elderly gentle.olarn
Si@le~tl~1( ~
(Trustee Ad lite for the ESTATE OF
GEORGE G. STEWART)
Date, m#f/LCff / itP;7 d-{}Cl/
,
VS
IN THE COURT OF COIllMON PLEAS FOR
CU~BERLN1D COUNTY,PENNSYLVANIA
NO. 00-7081Civil Ter~
CIVIL ACTION-LAW
.
SUl>1m ONS in a CIVIL lAWSUIT
****DE m,AND JURY TRIAL
DEANNA K. COLLINS-Trustee Ad litem
. 'for ~the ESTATE OF GEORGE G, STEWART
Plaintiff
.
CLAREmONT NURSING AND REHABILITATION
CENTER Defendant
. DATE. /J1 /IfZ.d /I
/ I: c21H' /
J
I,DEANNA K. COLLINS-Trustee Ad litetnfor the ESTATE OF GEORGE G. STEWART
SERVE upon Defendant, CLAREm ONT NURSING AND REHABILITATION CENTER VIA
Defendant's Attorney.
Charles E. Wasilefski,Esq.
2931 North Front Street
Harrisburg, Penna. 17110
A Cecrtified Copy of the recently AJrl ended COll'lplaint of
(1)/11 ED ICAL NEGLIGENCE and (2) WRONGFUL DEATH
DateJi.
and~ LET'i'ER OF SUmmoNS,
YOUR Client. Clare h1 ont
Pennsylvania, 17013. is
JUDGEJrl ENT ArYl OUNT of.
Nursing and Rehabilitation Center,Carlisle,
being sued in the Gourt in the
~d.!J 0, (JClO
~
(1) h1 EDICAL NEGLIGENCE and (2) WRONGFUL DEATH.
for
YOur Response to this action
Court v'i thin ' Ol 0
of SU!I11"10NS, sending a copy
is requested by sub~tting an ANSWER to
Days of SERVICE of this Co~PLAINT and
of' your Answer to thef'ollowing party.
the
LETTER
Deanna K. Collins
46 Willow Street
Highspire.Penna. 17034
Sign[ld:
Date:
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PETERS & w ASILEFSKI
By: Charles E. Wasilefski, Esquire
Attorney ill #21027
2931 North Front Street
Harrisburg, P A 17110- U80
Attorney for Defendant, Claremont Nursing and Rehabilitation Center
ESTATE OF GEORGE G. STEWART
Plaintiff
o
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IN THE COURT OF ""<"0
COMMON PLEAS FOR::E':b
CUMBERLAND COUN~
PENNSYL VANIA ~ c]
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NO. 00 - 7081 Civil Termz
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v.
CLAREMONT NURSING AND
REHABILITATION CENTER
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: PLAINTIFF AND ITS COUNSEL
YOU ARE REQUIRED to plead to the within Answer with New
Matter within twenty (20) days of service hereof, or a default judgment may be entered
against you.
PETERS & W ASILEFSKI
"0
'J:la3[J~
CHARLES E. W ASILEFSIq \
\ '
Attorney ill #21027 V
2931 North Front Street
Harrisburg, PA 17110
[717] 238-7555
d /3' /,
Dated: 1/' O/D I
Attorney for Claremont Nursing
and Rehabilitation Center
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PETERS & WASILEFSKI
By: Charles E. WasiJefski, Esquire
Attorney ID #21027
2931 North Front Street
Harrisburg, PA 17110-1280
Attorney for Defendant, Claremont Nursing and Rehabilitation Center
ESTATE OF GEORGE G. STEWART
Plaintiff
v.
IN THE COURT OF
COMMON PLEAS FOR
CUMBERLAND COUNTY,
PENNSYL VANIA
CLAREMONT NURSING AND
REHABILITATION CENTER
Defendant
NO. 00 -7081 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER
OF DEFENDANT, CLAREMONT NURSING & REHABILITATION CENTER
TO PLAINTIFF'S THIRD AMENDED COMPLAINT
NOW COMES, Defendant, Claremont Nursing & Rehabilitation Center
("Claremont"), by and through its attorneys, Peters & Wasilefski, and answers Plaintiffs
Third Amended Complaint, as follows:
I. Defendant, Claremont, denies the allegations contained in
Paragraph I of Plaintiffs Third Amended Complaint. To the contrary, the Admissions
Office was given the number recorded on the admissions records, A family member of
George Stewart provided this information. If the number provided was incorrect, it is
because the family member elToneously provided the information, It is further denied
that any alleged "problem" related to the telephone number caused or contributed to
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delay in providing treatment. To the contrary, the person listed as Responsible Party #2
on the admissions information, Deanna Collins, was called and the condition of Mr,
Stewart was reported. There was no delay in providing treatment for any reason, Mr,
Stewart at all times was provided appropriate treatment for the condition that he was in at
the time of the telephone call. In fiuiher answer, Defendant, Claremont, denies the
allegations contained in said Paragraph pursuant to Pa. R. C. P. I029(a),
2, Defendant, Claremont, admits in part and denies m part the
allegations contained in Paragraph 2 of Plaintiff's Third Amended Complaint. It is
admitted that Jean Wade, R,N, ("Nurse Wade") contacted Mr. Stewart's daughter,
Dealma Collins, who was listed as Responsible Party #2 on the admissions information.
The remaining allegations are specifically denied. To the contrary, at approximately
8:25 P,M., after discovering that the telephone number for Responsible Party #1 was
incorrect, Nurse Wade attempted to contact Responsible Party #2, Deanna Collins, On
the second attempt to contact Deanna Collins, Ms. Collins allswered the telephone,
Nmse Wade told Ms Collins that Mr, Stewali had a change of condition and that Nmse
Wade was attempting to reach her mother, Hilda Stewart, Nurse Wade indicated that she
needed to speal( to Mrs. Stewart in order to infOlTIl her of Mr, Stewart's change of
condition and to inquire about his history of medicines. At that time, Deanna Collins
becanle verbally abusive and Nmse Wade continued to try to explain that she needed to
speal( to Mrs. Stewart. Nmse Wade was told by Deal1l1a Collins that Ms. Collins would
speal( to Mrs, Stewali and that they would get back to Nurse Wade. At that point,
2
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Deanna Collins abmptly terminated the conversation and hlmg up the telephone, Deatma
Collins had given Nmse Wade specific instmctions that she should not contact Mrs.
Stewati and Deanna Collins and Mrs, Stewart would get back to her. Mr, Stewati was
continued to be provided with care and treatment necessary to respond to his then
condition, Under such circumstances, Nmse Wade properly attempted to contact a
responsible family member, atld did contact Mr. Stewart's daughter and informed her of
the change of status; was told not to contact Mrs, Stewart and that the family would get
back to her; and then provided appropriate care atld treatment under the circumstances.
In further answer, Defendant, Claremont, denies said allegations pursuant to Pa. R. C, p,
1029(e),
3. Defendant, Claremont, denies the allegations contained 111
Pat'agraph 3 of Plaintiffs Third Amended Complaint To the contrat)l, George G,
Stewart at all times relevant received appropriate medical care and treatment for his then
condition. Further, a family member listed as Responsible Party #2, Deanna Collins, Mr.
Stewart's daughter, who, upon information and belief, has had medical training as a
nmse, was aware of Mr. Stewati's change of condition, In further atlSWer, said
allegations are denied pmsuant to Pa. R. C. p, I029(e).
4, Defendatlt, Claremont, denies the allegations contained 111
Paragraph 4 of Plaintiffs Third Amended Complaint, To the contrary, as with all
patients, George G, Stewart had a Nmsing Care Plan developed for him upon admission,
It is fmiher denied that neither Defendant, Claremont, nor any of its staff, employees,
"
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agents or servants was negligent in this matter. At all times, George G, Stewart was
provided with appropriate and adequate medical care and treatment for his condition, In
fw:ther answer, Defendant, Claremont, denies said allegations pursuant to Pa, R,C,P,
I029(e).
5, Defendant, Claremont, denies the allegations contained III
Paragraph 5 of Plaintiff's Third Amended Complaint. To the contrary, George G,
Stewart was basically independent and medical care and treatment was consistently given
in accordance with the medical conditions that he presented, Said medical care and
treatment was at all times approp11ate under the circumstances, With regard to the
allegations related to claims of negligence, said allegations are conclusions of law and no
fLU1:her answer is required, To the extent that an answer is necessary, Defendant,
Claremont, denies that it or any of its staff, employees, agents or servants was in any way
negligent LUlder the facts and circumstances of this case, To the contrary, at all times
relevant, Defendant, Claremont, its staff, agents, servants and employees acted in a
carefi.JI and prudent mmmer. When George B. Stewart's condition begml to chmlge, he
was immediately given appropriate medical care and treatment, a physician was
consulted mld the fmnily, through Demma Collins, was immediately notified mld
requested to provide auth0l1zation to treat George B. Stewart. With regard to the
remaining allegations, Defendant, Claremont, after reasonable investigation, is without
knowledge or information sufficient to form a belief as to the truth of said allegations mld
4
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proof is demanded at trial. In further answer, Defendant, Claremont, denies said
allegations pursuant to Pa. R. C, p, I 029( e).
6, Defendant, Claremont, denies the allegations contained in
Paragraph 6 of Plaintiff's Third Amended Complaint. To the contrary, the physicians
who were involved in the medical care and treatment of George G. Stewart, wl1ile he was
a resident at Defendant, Claremont, including but not limited to Dr. Gawlas, provided
appropriate medical care and treatment under the circumstances of this case, In further
answer, there was no request that George G. Stewart have his family physician attend to
him while he was a resident of Defendant, Claremont. At no time were the Patient's
Rights of George G. Stewart violated, In fi.uther answer, Defendant, Claremont, denies
said allegations pursuant to Pa. R.C,P. I029(e).
7. Defendant, Claremont, denies the allegations contained in
Paragraph 7 of Plaintiffs Tl1ird Amended Complaint. To the contrary, the physicians
who were involved in the medical care and treatment of George G. Stewart, while he was
a resident at Defendant, Claremont, including but not limited to Dr. Schiro, provided
appropriate medical care and treatment under the circumstances oftl1is case, In further
answer, Defendant, Claremont, denies said allegations pursuant to Pa. R.C.P. 1029(e),
8. Defendant, Claremont, denies the allegations contained III
Paragraph 7 of Plaintiff's Third Amended Complaint. To the contrary, the physicians
who were involved in the medical care and treatment of George G. Stewart, while he was
a resident at Defendant, Claremont, including but not limited to Dr. Gawlas and Dr.
5
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Schiro, provided appropriate medical care and treatment under the circumstances of this
case, In fmther answer, Dr. Gawlas and Dr. Schiro were independent contractors treating
patients at Defendant, Claremont, and any action or failure to act on behalf of said
physicians can not create liability in Defendant, Claremont, for any alleged negligent
actions of Dr, Gawlas and Dr. Schiro, Further, at no time were the "Patient's Bill of
Rights" of George G, Stewart violated. In further answer, Defendant, Claremont, denies
said allegations pmsuant to Pa, R.C.P. 1029(e),
(First Paragraph) 9, Defendant, Claremont, admits in part and denies in
part the allegations contained in the first Paragraph 9 of Plaintiffs Third Amended
Complaint. It is admitted that at approximately 8:10 PM, George G. Stewart had to be
put to bed and placed on Oxygen.. It is denied that George G. Stewart was losing
consciousness, To the contrary, George G. Stewart, after being put in bed and placed on
oxygen rested comfortably, It is denied that the nmses failed to realize that an emergency
existed. At that time, an emergency did not exist, however, the nmses noted a change of
condition of George G, Stewart and provided appropriate action and monitored his
condition, Some of the allegations contained in said paragraph are conclusions of law
and no flll'ther answer is required, To the extent that an answer may be necessary, it is
denied that the nursing staff of Defendant, Claremont, including: Rosemary Dailey
Bathavic, LPN; Barbara Aim Baer, LPN; Marsha Forster, RN; and Jean Wade, RN, were
in any way negligent. To the contrary, at all times relevant, said nmses and nmsing staff
provided appropriate and medically sound medical care and treatment to George G.
6
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Stewart, In finiher answer, Defendant, Claremont, denies said allegations pursuant to Pa,
R.C,P. I029(e).
(Second Paragraph) 9, Defendant, Claremont, denies the allegations
contained in the second Paragraph 9 of Plaintiff s Third Amended Complaint. Said
paragraph contains allegations that are conclusions of law to which no answer is required,
To the extent that an answer is necessary, Defendant, Claremont, denies that either it or
Rosemary Dailey Bathavic, LPN ("Nurse Bathavic") were in any way negligent under the
cirClunstances of tlns case, To tlle contrary, Defendant, Claremont, and Nurse Bathavic
provided timely and appropriate medical care for George G. Stewart lmder the
circumstances of this case. Nurse Bathavic provided care and treatment for George G.
Stewali that was appropriate and consistent with his condition as it existed during the
releVallt time period, No act or failure to act on behalf of Nurse Bathavic was a cause or
a contributing factor to any alleged injuries or damages allegedly sustained by George G,
Stewart or Ins Estate lU1der the circumstances that existed at that time, In TIlliher answer,
Defendallt, Claremont, denies said allegations pursuant to Pa, R,C.P. I029(e).
10. Defendant, Claremont, denies the allegations contained 111
Paragraph 10 of Plaintiff s Tlnrd Amended Complaint. Said pal'agraph contains
allegations tllat are conclusions of law to which no answer is required, To the extent that
all allSWer is necessary, Defendallt, Clal'emont, denies tllat either it or Marsha Forster, RN
("Nurse Forster") was in allY way negligent under the circlllnstances oftlns case, To the
7
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contrary, Defendant, Claremont, and Nmse Forster provided timely and appropriate
medical care for George G. Stewart tmder the circumstances of this case. Nurse Forster
provided care and treatment to George G, Stewart that was appropriate and consistent
with his condition as it existed at the relevant time period. No act or failure to act on
behalf of Nurse Forster was a cause or a contributing factor to any alleged injuries or
damages allegedly sustained by George G, Stewart under the circumstances that existed
at that time. In further answer, Defendant, Claremont, denies said allegations pursuant to
Pa, R.C,P, I029(e).
11, Defendant, Claremont, denies the allegations contained in
Paragraph II of Plaintiffs Third Amended Complaint. Said paragraph contains
allegations that are conclusions of law to which no answer is required, To the extent that
an answer is necessary, Defendant, Claremont, denies that either it, Nurse Bathavic,
Nmse Forster, medical staff, physicians, nmsing staff were in any way negligent under
the circmllstances of this case, To the contrary, Defendant, Claremont, the nursing staff,
including, but not limited to Nmse Bathavic and Nurse Forster, and the medical staff and
physicians, including but not limited to Dr. Gawlas and Dr. Schiro, provided timely and
appropriate medical care for George G. Stewart under the circmllstances of this case. All
medical persolmel, who provided medical care and treatment for George G. Stewart
provided such care and treatment that was appropriate arld consistent with his condition
as it existed at the relevarlt time period arld in accordance arld consistent with good and
proper nmsing care. The physiciarls who provided care and treatment also provided such
8
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treatment in accordance with good medical practice and consistent with the standard of
medical care required lmder the circumstances, No act or failure to act on behalf of
Nurse Forster, Nurse Bathavic, Nmse Wade, Nurse Baer, Dr. Gawlas or Dr. Schiro was a
cause or a contributing factor to any alleged injuries or damages allegedly sustained by
George G, Stewart or his Estate tmder the circumstances that existed at that time, In
further answer, Defendant, Claremont, denies said allegations pursuant to Pa. R,C,P,
I029(e),
(First Un-mnnbered Paragraph) Defendant, Claremont, denies the allegations
contained in the First Un-Numbered Paragraph of Plaintiffs Third Amended Complaint,
Said paragraph contains allegations that are conclusions oflaw and no answer is required.
To the extent that an answer is necessary, Defendant, Claremont, denies that there was
any Medical Negligence. To the contrary, the medical care provided to George G.
Stewart was timely and appropriate and consistent with the standard of medical care and
nursing care required lUlder the circmTIstances, In further answer, no act of failme to act
on behalf of Defendant, Claremont, its nmsing staff, physicians attending George G,
Stewart, its employees, agents or servants caused or contributed to the death of George G,
Stewart. The death of George G. Stewart was from natural causes and not related in any
matmer to the actions or inactions of Defendant, Claremont, its nursing staff, employees,
agents, servatlts or the physicians providing medical care and treatment to George G.
Stewart. In further answer, Defendant, Claremont, denies said allegations pursuant to Pa.
R.C.P, I029(e).
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WHEREFORE, Defendant, Claremont, demands that Plaintiff's Third
Amended Complaint be dismissed.
(Second Un-Numbered Paragraph) Defendant, Claremont, denies the
allegations contained in the Second Un-Numbered Paragraph of Plaintiff's Third
Amended Complaint, After reasonable investigation, Defendant, Claremont, is without
Imowledge or information sufficient to form a belief as to the truth of said allegations and
proof thereof is demanded at trial.
NEW MATTER
12. George G. Stewart was admitted as a resident at Defendant,
Claremont, on November 2, 1998. He was admitted to Room D-2, Bed 2, D wing, an
intermediate care mut.
13, George G. Stewart was admitted as a resident at Defendant,
Claremont, because his wife, Hilda Stewart, who was Ius primary care giver at home, was
to have surgery and was not able to care for him during her surgical recovery period,
Hilda Stewart reported to the nurses that she was to have bilateral endarterectomies done
at Holy Spirit Hospital on November 3, 1998, the day following Mr. Stewart's admission
to Defendant, Claremont.
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14, Hilda Stewart accompanied George G. Stewart for admission,
Hilda Stewart provided all the admission information, including her address and
telephone munber and designated Demma Collins, the Stewart's daughter, as the
Responsible Party #2,
15, Hilda Stewart infonned the nursing staff that she expected that
George G. Stewart's stay at Defendant, Claremont, would be short. He would remain at
Defendant, Claremont, only during her surgical convalescent period,
16. At the time of admission, George G, Stewart mld Hilda Stewart
signed a Statement of Agreement that stated in part:
I. I hereby authorize the Claremont Nursing and
Rehabilitation Center of Cumberland COlmty to provide
medical and nursing services to me. I further authorize the
physician in charge of my care to administer any treatment
or treatments that the physician may deem necessary or
advisable for my care.
17. At the time of admission, George G, Stewart was an 82 year old
man who was 5'3" tall, weighed 95 Y. pounds and was diagnosed as having the following
conditions: Emphysema (Primary); Senile Dementia, Alzheimer's type; Schizophrenia
(tlu"ee prior admissions to Holy Spirit Hospital; and Peripheral Vasculm" Disease.
18, Dr. Gawlas saw, exmnined and provided a treatment plml,
including medications for George G. Stewart that was consistent with his condition at the
time of admission,
19. On Saturday, November 7, 1998, at approximately 5:30 P,M., the
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nursing staff noted what appeared to be a change in George G. Stewart's mentation As a
result of this observation, certain medications were held as it was felt that the change may
have been due to the affects of the medication and the nursing supervisor was requested
to assess him. The nmsing supervisor stayed with Mr, Stewart during dinner and assisted
in feeding him, He indicated that he was tired and wanted to go to bed early that evening.
As a result ofthis request, the nursing supervisor and a staff nurse assisted Mr, Stewart in
going to bed at approximately 7:45 P,M.
20. At the time that George G, Stewart was assisted into bed, the
nurses obtained his vital signs and assessed his condition. The nursing supervisor then
called Dr, Schiro for instructions. Dr. Schiro discontinued the Sinimet and ordered that
the Haldol be held. He further ordered the administration of oxygen at 2 liters per minute
via nasal cannula-pm for dyspnea, He also ordered that the family be notified of the
change of condition. At the time of admission, Hilda Stewart did not provide Defendant,
Claremont, with an Advanced Medical Directive, which is an optional section of the chart
that indicates the resident's or the family's wishes in case of a change of condition.
21. After assisting George G. Stewart into bed, the nmsing supervisor
attempted to telephone Hilda Stewart, as directed by Dr. Schiro. At that time, it was
discovered that the wrong telephone number had been given at the time of admission,
The nursing supervisor then called the Responsible Party #2, Deanna Collins, Demma
Collins was informed that George G. Stewart had a change of condition and that the nmse
supervisor had to speak with Hilda Stewart to infOlID her of the change of condition.
12
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Deatma Collins became abusive and indicated that she would spealc with her mother and
they would get back to the nursing supervisor. Deanna Collins abruptly hlmg up on the
nursing supervisor. N eitller Deanna Collins nor Hilda Stewart ever got back to anyone at
Defendant, Claremont.
22, During the period following tlle telephone call to Deanna Collins,
tlle nursing staff closely monitored George G, Stewati. After tlle change of shifts, nurses
constatltly attended George G. Stewart, Since neither Deanna Collins nor Hilda Stewart
called or came to the facility during tlle period from when the nursing supervisor on tlle
3:00 P.M, to 11:00 P,M. shift had spoken to Deanna Collins, a telephone call was placed
to Hilda Stewart. Hilda Stewart had not been made aware of the earlier telephone call to
Deanna Collins and was tllerefore not aware of her husband's change of condition. Hilda
Stewati was updated on the change of condition of George G. Stewart, the doctor's orders
received and the notification to her daughter, Deanna Collins. At that time, Hilda Stewart
indicated that she desired to have further treatment given to George G. Stewart at the
Carlisle Hospital,
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Immediately after the telephone conversation with Hilda SteWati,
the nUl"sing supervisor contacted Dr. Schiro atld updated him on George G, Stewart's
condition atld the request from Hilda Stewati to have further treatment given at the
Carlisle Hospital. Dr. Schiro made a telephone order for the tratlsfer of George G,
Stewat.t to Carlisle Hospital. Deanna Collins was then infomled that George G, Stewart
was being transferred to the Carlisle HospitaL
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24, Upon infOlmation received and believed, Deanna Collins, at the
time of the initial telephone call, was in the process of getting ready to go out on a date
and did not telephone her mother, Hilda Stewart, to infonn her of George G, Stewart's
change of condition so that further instructions could be given to Defendant, Claremont,
as to the fanlily's desires for treatment in light of the change of condition, If there was a
delay in tr'eatrnent as alleged by Plaintiff, which is denied since George G. Stewart
received appropriate care and treatment consistent with his change in condition pending
further commlU1ication with the family, that delay was the result of Responsible Party #2
not meeting her responsibilities.
25, George G. Stewali's illness and eventual death was the result of
the natural deterioration of his physical condition resulting from age and the illnesses that
he had alld not as a result of allY act or failure to act by Defendant, Claremont, its nursing
staff, its employees, agents, or servants, or the physicians attending to George G, Stewart
dming his residence at Defendant, Clal'emont.
26. All of Plaintiff's alleged injuries and damages are the result of acts
or failure to act on behalf of third parties over whom Defendant, Claremont, had no
control.
27. All of Plaintiffs claims in this action are barred by the Statute of
Limitations,
WHEREFORE. Defendant, Claremont, demands that Plaintiff's Third
14
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Amended Complaint be dismissed.
Date: April 30, 2001
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PETERS & W ASILEFSKl
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- Charles E. Wasilefski, Esquire I'
Attorney #21027 \\
2931 North Front Street v
Harrisburg, PA 17110
[717] 238-7555
Attorneys for Defendant,
Claremont Nursing and
Rehabilitation Center
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VERIFICATION
I hereby affirm that the following facts are correct:
Claremont Nursing and Rehabilitation Center is a Defendant in the foregoing
action and I am authorized to execute this verification on their behalf. The attached Answer with
New Matter is based upon information that I have furnished to my counsel and information that
has been gathered by my counsel in preparation of the defense of the lawsuit. The language of the
Answer with New Matter is that of counsel and not of me. I have read the Answer with New
Matter and to the extent t)lat the Answer with New Matter is based upon information that I have
given to my counsel, it is true and correct to the best of my knowledge, information and belief
To the extent that the content of the Answer with New Matter is that of counsel, I have relied upon
counsel in making this verification, I hereby acknowledge that the facts set forth in the aforesaid
Answer with New Matter are made subject to the penalties of 18 Pa. C.S, Section 4904 relating to
unsworn falsification to authorities.
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CERTIFICATE OF SERVICE
This is to certify that I, Pamela J, Crum, a Legal Assistant in the law offices
of Peters & Wasi1efski, have this ~ day Of~~~'\
, 2001, served a true and
correct copy of the foregoing ANSWER WITH NEW MATTER OF DEFENDANT,
CLAREMONT NURSING AND REHABILITATION CENTER, TO PLAINTIFF'S TIllRD
AMENDED COMPLAINT upon all parties by depositing same in the United States mail, first
class, postage prepaid, addressed to the counsel of record as follows:
Deanna K. Collins
46 Willow Street
Highspire, P A 17034
~~~~
Pamela J. Crum
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DEANNA K. COLLINS, Trustee :
Ad Litem for the ESTATE OF
GEORGE G. STEWART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION-LAW
CLAREMONT NURSING AND
REHABILIT A nON CENTER,
Defendant
NO. 00-7081 CIVIL TERM
IN RE: DEFENDANT'S MOTION
FOR JUDGMENT ON THE PLEADINGS
BEFORE OLER and GUIDO, JJ.
ORDER OF COURT
AND NOW, this 17th day of August, 2004, after careful consideration of the
Defendant's motion for judgment on the pleadings, and for the reasons stated in the
accompanying opinion, Defendant's motion for judgment on the pleadings is granted and
Plaintiffs complaint is dismissed.
BY THE COURT,
vDeanna K. Collins
46 Willow Street
Highspire, P A 17034
Plaintiff, Pro Se
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."Rharles E. Wasilefski, Esq.
2931 North Front Street
Harrisburg, PA 17110
Attorney for Defendant
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DEANNA K. COLLINS, Trustee :
Ad Litem for the ESTATE OF
GEORGE G. STEWART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION-LAW
CLAREMONT NURSING AND
REHABILITATION CENTER,
Defendant
NO. 00-7081 CIVIL TERM
IN RE: DEFENDANT'S MOTION
FOR JUDGMENT ON THE PLEADINGS
BEFORE OLER and GUIDO, JJ.
OPINION and ORDER OF COURT
OLER, J., August 17,2004.
This case was commenced by Plaintiff by praecipe for writ of summons on
October 13, 2000, naming Claremont Nursing and Rehabilitation Center as Defendant.l
On November 20, 2000, Plaintiff filed a complaint, and on November 27, 2000, without
leave of court or Defendant's consent,2 filed an amended complaint.3 Although
Plaintiffs original and amended complaints consisted largely of conclusions of law, and
rambling narratives, they could have been construed as attempts to set forth survival and
wrongful death actions.4
On December 6,
amended complaint. 5
2000, Defendant filed preliminary objections to Plaintiffs
On December 13, 2000, Plaintiff filed a second amended
1 Praecipe for Writ of Summons in Civil Action, filed Oct. 13,2000,
2 See Pa, R,C.P. 1033,
3 Comp!. of Wrongful Death and Medical Negligence, filed Nov, 20, 2000 (hereinafter P!.'s Original
Comp!.); Am, Comp!. of Wrongful Death and Medical Negligence, filed Nov, 27, 2000 (hereinafter P!.'s
First Am. Comp!.).
4 See P!.' s Original Comp!.; P!.' s First Am. Comp!.
5 Prelim. Objections ofDef., Claremont Nursing and Rehabilitation Center, to P!.'s Am. Comp!., filed
Dec. 6, 2000 (hereinafter Prelim, Objections to P!.'s First Am. Comp!.),
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complaint, to which Defendant filed preliminary objections on January I I, 2001.6
Plaintiff filed a third amended complaint on March 16, 200 I, again without leave of court
or Defendant's consent.7 On April 30, 2001, Defendant filed an answer with new matter
to Plaintiffs third amended complaint, denying the averments in Plaintiffs complaint,
and, in the new matter, averring various additional facts in defense.8
On May 18, 2001, Plaintiff filed a document entitled Plaintiffs Response to
Defendant's Answer to Plaintiffs Third Amended Complaint, which was apparently
intended to counter Defendant's answer and to reply to Defendant's new matter.9 The
fourteen paragraphs directed to the new matter, however, did not directly correlate with
the sixteen paragraphs of Defendant's new matter.lO
On November 4, 2003, Defendant filed a motion for judgment on the pleadings, to
which Plaintiff did not respond.l1 On May 18, 2004, Defendant filed a praecipe listing
the matter for argument.12 On June 4, 2004, Plaintiff filed a motion for a continuance of
the argument, which was denied by the court on June 8, 2004.13 On June 9, 2004,
argument was held on Defendant's motion. Plaintiff did not file a brief as required by
Cumberland County Rule of Procedure 210-6, nor did she appear for the argument.14
6 Am. Comp!. of Medical Negligence and Wrongful Death, filed Dec, 13,2000 (hereinafter P!.'s Second
Am, Comp!.); Prelim, Objections of Def" Claremont Nursing and Rehabilitation Center, to P!.'s Second
Comp!., filed Jan. Ii, 2001 (hereinafter Prelim. Objections to P!.'s Second Am. Comp!.),
7 Am, Comp!. of(l) Medical Negligence and (2) Wrongful Death, filed Mar, 16,2001 (hereinafter P!.'s
Third Am. Comp!.).
8 Answer with New Matter of Def., Claremont Nursing & Rehabilitation Center, to P!.'s Third Am.
Comp!., filed Apr, 30,2001 (hereinafter Def.'s Answer with New Matter),
9 P!.'s Resp, to Def.'s Answer to P!.'s Third Am, Comp!., filed May 18, 2001 (hereinafter P!.'s Resp, to
Def.'s Answer),
10 Def.'s Answer with New Matter m12-27; P!.'s Resp. to Def's Answer~~9-20,
11 Mot. of Def., Claremont Nursing and Rehabilitation Center, for J. on the Pleadings, filed Nov, 4, 2003
(hereinafter Def.'s Mot. for J. on the Pleadings),
12 Praecipe for Listing Case for Argument, filed May 18,2004,
13 Order of Ct., June 8, 2004,
14 With respect to the rules and procedures of the Argument Court of the Cumberland County Court of
Common Pleas, a party seeking an order from the court must file two copies of a brief with the court
administrator, as well as a copy with opposing counselor an unrepresented party, twelve days before the
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The issues for disposition at this time are whether Plaintiff has pled sufficient facts
to move forward with her survival and wrongful death actions. For the reasons stated in
this opinion, Defendant's motion for judgment on the pleadings will be granted and
Plaintiffs complaint will be dismissed.
STATEMENT OF FACTS
In ruling on a motion for judgment on the pleadings, the court must treat all well-
pleaded allegations of the party opposing the motion as true and draw all reasonable
inferences favorable to that party. Necho Coal Co, v. Denise Coal Co" 387 Pa. 567, 568,
128 A.2d 771, 772 (1957). However, averments of the moving party which require a
responsive pleading by the nonmoving party and which are either not responded to or are
not adequately addressed are also to be credited. See, e.g., Pisiechko v. Diaddorio, 230
Pa.Super. 295, 301, 326 A.2d 608,611 (1974).
Pennsylvania Rule of Civil Procedure 1017 defines pleadings to include "a
complaint, an answer thereto, [and] a reply if the answer contains new matter or a
counterclaim. . .." Pa. R.C.P. 1017. If Plaintiffs well-pleaded allegations in the third
amended complaint are credited, and if averments of Defendant's new matter to which a
proper response has not been made are also credited, the facts may be stated as follows: 15
Plaintiff is Deanna K. Collins, who refers to herself as "trustee ad litem for the
Estate of George G. Stewart.,,16 In fact, Plaintiff is the administratrix of the estate,
having succeeded Mr. Stewart's spouse as personal representative on March 5, 2001.17
date set for argument. Cumberland County Rule of Court 210-6, A responding party must furnish briefs
in a similar fashion five days prior to the date set for argument. Id.
15 In reciting the facts herein in accordance with the standard cited, the court is in no way presupposing
them to be true.
16 PI.'s Third Am. Compl.
17 See In Re: Estate of George G. Stewart, Orphans' Court Division No, 21-99-504, A "trustee ad litem"
is defined by Black's Law Dictionary, 7ili ed., as a trustee appointed by the court; this designation is
inapposite to the Plaintiff. Plaintiff was granted letters of administration d,b.n.c.t.a, (de bonis non cum
testamento annexo) by the Cumberland County Register of Wills on March 5, 2001, after the executrix of
the estate, Hilda Stewart, renounced her position,
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Defendant is Claremont Nursing and Rehabilitation Center, the facility that provided
health care to Mr. Stewart from November 2, 1998, to November 8, 1998.18
George G. Stewart was admitted to Claremont Nursing and Rehabilitation Center
on November 2,1998.19 At the time of admission, he was eighty-two years old, weighed
about ninety-five pounds, and was suffering from emphysema, senile dementia,
Alzheimer's disease, and schizophrenia?O Mr. Stewart was admitted to the nursing and
rehabilitation facility because his spouse, Hilda Stewart, was scheduled for a medical
procedure to be performed on November 3, 1998, and was not going to be able to care for
him during her recovery period.21
When Mr. Stewart was admitted to Defendant's facility on November 2, Mrs.
Stewart provided Defendant with the correct telephone number for her home phone.22
Any incorrect number which Defendant had was the result of an entry error on the part of
Defendant's nursing staff?3 Plaintiff, Deanna K. Collins, Mr. Stewart's daughter, was
listed under "other contact persons" on his admission form.24 Mrs. Stewart did not
provide Defendant with an advanced medical directive for Mr. Stewart when he was
admitted to the facility?5 Defendant failed to develop a nursing care plan for Mr. Stewart
upon his admission?6
On November 7, 1998, after his evening meal, Mr. Stewart's health began to
deteriorate, prompting Mr. Stewart to ask to be taken to bed.27 However, he was not
taken to his room until approximately 8:10 p.m., at which time he was placed on
18 PI.' s Third Am. Compl.
19 Def.'s Answer with New Matter ~I2,
20 Def.' s Answer with New Matter ~I7.
21 Def.' s Answer with New Matter ~I3.
22 PI.'s Resp. to Def.'s Answer ~~I, 12.
23 PI.' s Resp. to Def.' s Answer ~12.
24 PI.'s Resp. to Def.'s Answer ~~2, 15,
25 Def.'s Answer with NewMatter~20; PI.'s Resp, to Def.'s Answer~I4,
26 PI.'s Third Am, Compl. ~4; PI.'s Resp, to Def.'s Answer ~4,
27 PI.'s Third Am, Compl. ~5, 9; PI.'s Resp, to Def.'s Answer ~5, 9.
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oxygen.28 By 8:10 p.m., Mr. Stewart's blood pressure had fallen significantly, and he
began to lose consciousness.29 By 11:15 p.m., Mr. Stewart no longer had an audible
blood pressure.3D Sometime after 1:00 a.m. on November 8, he was transferred to
Carlisle Hospital, where he was diagnosed with pneumonia and passed away on
November 9, 1998.31
Plaintiff sets forth a number of alleged acts by Defendant's staff which she
contends amounted to medical malpractice and resulted in the tortious death of Mr.
Stewart. She alleges that, after Mr. Stewart's arrival at Defendant's facility, Dr. Michael
Gaw1es, a physician at the facility, failed to properly evaluate Mr. Stewart's medical
condition during a physical examination administered to him on November 4, 1998.32
Plaintiff also claims Dr. Gaw1es prescribed two medications without seeing Mr. Stewart,
and then misdiagnosed him as suffering from Parkinson's disease.33
Prior to the events of the evening of November 7, Plaintiff claims that Defendant's
staff had not properly monitored the health of Mr. Stewart.34 She alleges that he was at a
high risk for infections and should have been watched carefully for symptoms of
pneumonia; instead, according to her, he was often left unattended in the dayroom, with
the stafftoo busy to properly monitor any changes in his medical status.35
With regard to the decline of Mr. Stewart's health on the evening of November 7
and into the early morning of November 8, Plaintiff alleges a number of negligent acts
committed by Defendant's staff. Plaintiff notes that severely fallen blood pressure is a
28 P!.'s Third Am, Comp!. ~5; P!.'s Resp, to Def.'s Answer~5,
29 PI.' s Third Am. Comp!. ~9; PI.' s Resp, to Def.' s Answer ~9. Mr. Stewart's blood pressure was
normally within the 118/60-58 range. His blood pressure dropped to 72/38. PI.'s Third Am, Comp!. ~9,
30 PI.'s Third Am. Comp!. ~1O; P!.'s Resp, to Def.'s Answer~lO,
31 PI.'s Resp, to Def.'s Answer ~ll; See In Re: Estate of George G. Stewart, Orphans' Court Division No,
21-99-504, Pet. for Probate and Grant of Letters, filed Mar. 1,2001.
32 P!.'s Third Am, Comp!. ~6,
33 PI.'s Third Am. Comp!. ~6.
34 P!.' s Third Am. Comp!. ~5,
35 PI.'s Third Am. Comp!. ~5.
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serious emergency situation which can lead to shock, coma, and eventually death.36
Plaintiff claims that Jean Wade, the Nurse Supervisor from 3:00 p.m. to 11:00 p.m.,
failed to inform Mr. Stewart's family of his deteriorating condition after a doctor ordered
her to contact the family.37 While Nurse Wade did manage to contact Plaintiff at 8:25
p.m. on November 7, Plaintiff claims she asked only for Mrs. Stewart's correct phone
number, and said nothing about Mr. Stewart's falling blood pressure or being placed on
oxygen.38 Additionally, Plaintiff alleges that despite the significant drop in Mr. Stewart's
blood pressure, which was discovered at 8:10 p.m., Nurse Wade, as well as Nurse
Barbara Ann Baer, failed to take any responsive emergency actions, or even recognize
that an emergency existed.39
Furthermore, Plaintiff alleges that Nurse Rosemary Dailey Bathavic failed to
respond to Mr. Stewart's lack of audible blood pressure for an hour and fifteen minutes.4o
From 11:15 p.m. until 12:30 p.m., she neither gave Mr. Stewart CPR, nor called 911 for
an ambulance to transport him to the hospital, according to Plaintiff.41 Plaintiff avers that
Defendant was issued a formal non-compliance citation, which specifically named Nurse
Bathavic, by the Pennsylvania Department of Health for its failure to provide timely
emergency care to Mr. Stewart once his lack of an audible blood pressure was
discovered.42 Plaintiff alleges that Nurse Marsha Forster also participated in the above
1. t 43
neg 1gent ac s.
Finally, Plaintiff alleges that Defendant's nursing staff failed to properly advise
Dr. John Schiro of Mr. Stewart's prior diagnoses or current symptoms, resulting in his
36 Pl.'s Resp. to Def.'s Answer ~9. Plaintiff claims to have gotten this information from some medical
texts.
37 P\"s Third Am. Comp\. ~2; P\.'s Resp, to Def.'s Answer~2,
38 PI.'s Third Am. Comp\. ~2; PI.'s Resp. to Def.'s Answer ~2,
39 P\"s Third Am. Comp\. ~~3, 9,
40 PI.'s Third Am, Comp\. ~9; PI.'s Resp. to Def.'s Answer ~lO,
41 Pl.'s Third Am. Compl. ~9.
42 Pl.'s Resp. to Def.'s Answer ~1O.
43 PI.'s Third Am. Comp\. ~lO; PI.'s Resp, to Def.'s Answer ~1O.
6
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failure to immediately prescribe antibiotics for Mr. Stewart, or to transfer him to a
hospital for emergency care.44
Because of the alleged failure of Defendant's staff to adequately monitor and
provide timely emergency care to Mr. Stewart, Plaintiff avers that Mr. Stewart's
pneumonia advanced to an irreversible point, resulting in his death.45
DISCUSSION
Statement of Law
Judgment on the Pleadings. A motion for judgment on the pleadings is provided
for in the Pennsylvania Rules of Civil Procedure. See Pa. R.C.P. 1034. A case can be
decided and a judgment on the pleadings entered "only . . . where no material facts
remain in dispute." Williams by and through Williams v, Lewis, 319 Pa. Super. 552, 555,
466 A.2d 682, 683 (1983) (citing Pennsylvania Ass'n of State Mental Hosp. Physicians,
lnc, v, State Employees' Ret. Ed., 484 Pa. 313, 320 n.ll, 399 A.2d 93,96 n.ll(1979)).
Additionally, "[o]nly where the moving party's right to prevail is so clear that a trial
would be a fruitless exercise should a judgment on the pleadings be entered." ld. (citing
Nevling v. Natoli, 290 Pa. Super. 174, 177,434 A.2d 187, 188 (1981)).
Pro Se Status. Pro se status does not, in and of itself, confer some special benefit
upon the litigant who chooses to proceed in such a manner. Strawn v, Strawn, 444
Pa.Super. 390, 396, 664 A.2d 129, 132 (1995). Stated otherwise, a litigant who chooses,
for whatever reason, to represent himself or herself is not entitled to any particular
advantage based upon his or her lack of legal training. Cole v, Czegan, 722 A.2d 686,
687 (Pa. Super. Ct. 1998). Indeed, the Pennsylvania Supreme Court has stated that '''any
layperson choosing to represent [himself or herself] in a legal proceeding must, to some
reasonable extent, assume the risk that [his or her] lack of expertise and legal training will
prove [his or her] undoing.'" Vann v. Commonwealth, Unemployment Comp, Bd. of
Review, 508 Pa. 139, 148, 494 A.2d 1081, 1086 (1985) (quoting Groch v,
44 Pl.'s Third Am, Comp!. 'lf7; P!.'s Resp, to Def.'s Answer 'lf7,
45 P!.'s Third Am. Comp!. 'lf9; P!.'s Resp, to Def.'s Answer 'lf11.
7
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Commonwealth, Unemployment Comp, Ed. of Review, 81 Pa. Comrnw. 26, 30,472 A.2d
286,288 (1984)).
Survival Action. The basic statutory provision respecting survival of actions
appears at 42 Pa. C.S.A. ~8302, and provides that "[a]ll causes of action or proceedings,
real or personal, shall survive the death of the plaintiff or of the defendant, or the death of
one or more joint plaintiffs or defendants." Act of July 9, 1976, P.L. 586, ~2, 42 Pa.
C.S.A. ~8302. A survival action '''merely continues in [the decedent's] personal
representatives the right of action which accrued to the deceased. . . because of the tort. ",
Tulewicz v, Southeastern Pennsylvania Transp. Auth., 529 Pa. 588, 597, 606 A.2d 427,
431 (1992) (quoting Pezzulli v. D'Ambrosia, 344 Pa, 643, 647, 26 A.2d 659,661 (1942)).
Only losses suffered by the decedent are recoverable in a survival action. Id. at
597, 606 A.2d at 431. Damages represent compensation for the decedent's pain and
suffering from the time of injury until his or her death and for the decedent's loss of
earning power, less personal maintenance expenses, until the end of his or her estimated
working life-span. Kiser v, Schulte, 538 Pa. 219, 226, 648 A.2d 1,4 (1994). No recovery
for pain and suffering of the decedent is possible if the decedent was unconscious from
the time of injury until death. Nye v, Pennsylvania Dep 't ofTransp" 331 Pa. Super. 209,
214,480 A.2d 318,321 (1984).
Wrongful Death Action. The Wrongful Death Act provides, in pertinent part, as
follows:
(a) General Rule.-An action may be brought, under 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 of
another. . . .
(b) Beneficiaries.-[T]he right of action created by this section shall exist
only for the benefit of the spouse, children or parents of the deceased . . . .
The damages recovered shall be distributed to the beneficiaries in the
proportion they would take the personal estate of the decedent in the case of
intestacy . . . .
Act of July 9, 1976, P.L. 586, ~2, as amended, 42 Pa. C.S.A. ~8301(a), (b).
Damages recovered under this statute "are not part ofthe decedent's estate, but rather are
8
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compensation to individual members of the family for their loss." Tulewicz v,
Southeastern Pennsylvania Transp. Auth., 529 Pa. 588, 596, 606 A.2d 427,431 (1992).
The purpose of the Wrongful Death 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." Manning v. Capelli, 270 Pa. Super. 207, 211, 411 A.2d 252, 254 (1979); accord
Hodge v. Loveland, 456 Pa. Super. 188, 193,690 A.2d 243, 245-46 (1997). Accordingly,
in order to recover under the statute, a plaintiff must show that a member of one of the
enumerated classes suffered pecuniary loss resulting from the death of the decedent.
Hodge, 456 Pa. Super. at 193, 690 A.2d at 246. A recovery for pecuniary loss, as defined
in this context, is dependent upon a showing that the decedent contributed support to the
family member with "reasonable frequency," and that the family member had a
reasonable expectation of future support from the decedent. Berry v. Titus, 346 Pa.
Super. 376, 381-82, 499 A.2d 661, 664 (1985) (quoting Manning, 270 Pa. Super at 211,
411 A.2d at 254).
,;j
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I
Application of Law to Facts
Survival Action. In the court's view, Plaintiff has failed to allege sufficient facts to
permit recovery in a survival action. Plaintiffs pleadings are devoid of any contentions
that Mr. Stewart experienced pain or suffering from the time of the negligent acts until
his death, or that he had any significant lost earning potential that would have exceeded
his personal maintenance costS.46 Furthermore, Plaintiffs pleadings intimate the opposite
as to pain and suffering: that he lapsed into unconsciousness as the alleged negligent acts
transpired. In short, Plaintiff has not averred any pertinent losses sustained by Mr.
Stewart, and, therefore, cannot recover in a survival action.
Wrongful Death Action. In the court's view, Plaintiff has similarly failed to allege
sufficient facts to permit recovery in a wrongful death action. There are no facts pled
46 While Plaintiff briefly mentions the expectation of a recording contract for Mr. Stewart's musical
compositions, Plaintiff fails to allege, even in the broadest terms, the financial benefits which Mr. Stewart
9
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reflecting any pecuniary loss occasioned to Plaintiff, or any other permissible beneficiary
under the Wrongful Death Act, as a result of decedent's death, and, therefore, recovery in
a wrongful death action is not supportable.
After four complaints, the court is of the view that Plaintiffs inability to set forth a
legally cognizable cause of action is not a transitory problem, and the following order
will be entered:
ORDER OF COURT
AND NOW, this 1 ih day of August, 2004, after careful consideration of the
Defendant's motion for judgment on the pleadings, and for the reasons stated in the
accompanying opinion, Defendant's motion for judgment on the pleadings is granted and
Plaintiffs complaint is dismissed.
BY THE COURT,
s/ 1. Wesley Oler, Jr.
J. Wesley Oler, Jr., J.
Deanna K. Collins
46 Willow Street
Highspire, P A 17034
Plaintiff, Pro Se
Charles E. Wasilefski, Esq.
2931 North Front Street
Harrisburg, PA 17110
Attorney for Defendant
stood to gain from such a contract, assuming a contract were even to be entered into, and whether these
financial benefits would have exceeded his personal maintenance costs, See PI.' s Third Am, Compl.
10
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ESTATE OF GEORGE
STEWART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
CLAREMONT NURSING:
AND REHABILITATION:
CENTER,
Defendant
NO. 00-7081 CIVIL TERM
ORDER OF COURT
AND NOW, this 8th day of June, 2004, upon consideration of Plaintiff's Motion
for Continuance, the motion is denied.
BY THE COURT,
Deanna K. Collins
471 High Street
Bressler, P A 17113
Plaintiff, pro se
Charles E. Wasilefski, Esq.
2931 N. Front Street
Harrisburg, PA 17110
Attorney for Defendant
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