HomeMy WebLinkAbout00-07949
J.S22019/02
01)/ 7q 41
DEANNA K. COLLINS,
Appellant
IN THE SUPERIOR COURT OF
PENNSYLVANIA
vs.
ROSEMARY DAILEY BATHAVIC,
Appellee
No. 1469 MDA 2001
Appeal from the Order entered August 15, 2001
In the Court of Common Pleas of Cumberland County
Civil, No. 00-7949 Civil Term
BEFORE: JOYCE, KELLY, and CAVANAUGH, JJ.
MEMORANDUM:
FILEDSEPI02002
Appellant, Deanna Collins, appeals from the order of the Court of
Common Pleas of Cumberland County, which sustained Appellee's
preliminary objections and dismissed Appellant's cause of action with
prejudice. We affirm.
The relevant facts and procedural history have been set forth in the
trial court opinion as follows:
The present action at law was commenced on November 9,
2000, by the filing of a document titled "Complaint of
Medical Negligence which resulted in a wrongful death
situation." The caption listed Deanna K. Collins as the
Plaintiff. The complaint consisted of a one-page claim for
$85,000.00 by [Appellant] as the daughter of George G.
Stewart, due to unspecified negligence on the part of
[Appellee] which resulted in the death of [Appellant's]
father, a resident of Claremont Nursing and Rehabilitation
Center.9 The complaint did not specify the nature of the
losses for which damages were being sought. The
complaint contained the observation that "the Estate of
George G. Stewart is pursuing a Wrongful Death Lawsuit of
its own.,,10
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9 CampI.
10 Id.
On November 16, 2000, without leave of court or
agreement of the parties, [Appellant] filed a (first)
amended complaint. It replicated the original complaint,
with the addition of a more formal notice to defend.lI On
December 4, 2000, [Appellee] filed preliminary objections
to the amended complaint, raising issues as to standing
and capacity to sue, conformity to law or rule of court,
inclusion of scandalous and impertinent matter, specificity,
and legal sufficiency. 12
11 See Am. Compl. Medical Negligence which resulted
in a wrongful death situation, filed Nov. 16, 2000
(hereinafter First Am. Compl.)
t2 [Appellee's] Prelim. Objections, filed Dec. 4, 2000,
paras. 1-6.
On December 6, 2000, in response to the preliminary
objections and as permitted by Pennsylvania Rule of Civil
Procedure 1028(c)(1), [Appellant] filed a (second)
amended complaint, titled "Amended Complaint of Medical
Negligence and Wrongful Death." It was filed in the name
of "Deanna K. Collins-Plaintiff (Trustee ad litem for the
Estate of George G. Stewart[)]," and purported to
represent the interests of "myself and all the beneficiaries
of said Estate whom I legally represent and initially failed
to mention.,,13
13 Am. Compl. Medical Negligence and Wrongful
Death, filed Dec. 6, 2000, at 1 (hereinafter Second
Am. Comp!.).
The (second) amended complaint was basically in narrative
form and contained several specific allegations as to
negligence leading to the death of the 82-year-old
decedent. The complaint alleged that [Appellee], as a
nurse at Claremont Nursing and Rehabilitation Center,
failed to act according to her duty to provide medical aid to
the decedent after she became aware that he was in a
"comatose condition.14 The complaint indicated that the
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decedent remained in this condition for more than an hour
before he was taken to a hospital, where he died soon
after, apparently without regaining consciousness.1S
14 Second Am. Compl. at 1.
1S Id. at 2-3.
The (second) amended complaint included claims for
damages in the amount of $85,000 based on the "Pain-
Suffering, Personal, and Financial losses due to the
untimely death of [George G.] Stewart."t6 It alleged that
[Appellant] recently had signed an "Independent recording
contract," for which she would perform songs composed by
the decedent, and that the loss of this contract "was a
significant financial loss to the value of the Estate."17
16 Id. at 4.
t7 Id.
On December 8, 2000, without leave of court or
agreement of the parties, [Appellant] filed a (third)
amended complaint, titled "Amended Complaint of Medical
Negligence and Wrongful Death." It basically reiterated
the allegations of the prior amended complaint; however,
the caption was revised again to name as [Appellants]
"Hilda B. Stewart-Executrix & Deanna K. Collins
(Daughter)-[Appellants] In Pro Per for Estate of George
G. Stewart." The complaint stated that the plaintiffs were
"[a]cting Jointly together As In Pro Per Plaintiffs," and that
[Appellant] represented the interests "of myself and all the
beneficiaries of said Estate whom I legally represent."t8
18Third Am. Compl. at 1.
On January 11, 2001, [Appellee] filed preliminary
objections to the (third) amended complaint. The
objections included a motion to strike references to Hilda
B. Stewart, executrix, on the ground that she was being
added as a party plaintiff after the applicable two-year
statute of limitations period had run19 and a "demurrer" to
the underlying claims which was based upon the following
specific contentions:
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[Appellant] lacks standing and capacity to
bring suit against [Appellee], Bathavic, for the death
of George G. Stewart.
[Appellant] lacks standing and capacity to
bring suit against [Appellee], Bathavic, for medical
negligence.
[Appellant's] Complaint fails to conform to law
or rule of court and includes scandalous and
impertinent matter.
[Appellant's] Complaint is legally insufficient
and must be dismissed.2o
19 See [Appellee's] Prelim. Objections, filed Jan. 11,
2001.
20 Id. paras. 8-11.
In response to these preliminary objections, [Appellant]
filed a (fourth) amended complaint, titled "Amended
Complaint of Medical Negligence and Wrongful Death," in
which the reference to Hilda B. Stewart as a plaintiff was
deleted. The complaint named "Deanna K. Collins-
Trustee Ad litem for the estate of George G. Stewart" as
the [Appellant] and stated that Deanna K. Collins had been
"appointed Trustee Ad litem for the Estate of George G.
Stewart." It otherwise basically reiterated the allegations
of the prior amended complaintY
21 See Fourth Am. Compl.
Notwithstanding the latest amended pleading, the parties
proceeded to oral argument on the earlier preliminary
objections on February 14, 2001. About a month after the
oral argument, [Appellant] filed a (fifth) amended
complaint, without leave of court or agreement of the
parties, and beyond the time for doing so of right in
response to preliminary objections.22 The (fifth) amended
complaint has been stricken by the court as untimely.23
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22 Am. Compl. (1) Medical Negligence (2) Wrongful
Death, filed March 16, 2001 (hereinafter Fifth Am.
Compl.).
230p. and Order of Ct., dated May 18, 2001, at 8.
In an opinion dated May 18, 2001, the court found that the
record was insufficient to dispose of the preliminary
objections, specifically regarding "the history, in terms of
the personal representative, of the estate of George G.
Stewart...[and] the financial relationship between the
decedent and his daughter."24 For purposes of
development of a record for disposition of [Appellee's]
preliminary objections, the court issued a rule to show
cause upon [AppellantL in which [Appellant] was directed
to file an answer to the preliminary objections and both
parties were directed to complete depositions and submit
briefs on the matter.25
24Id. at 5-6 (footnote omitted).
25 Id. at 8. The court stated that the preliminary
objections would be decided under Pa.R.C.P. 206.7.
Id.
[Appellant] filed an answer and submitted a brief, but no
depositions have been filed by either party.26 With respect
to [Appellant's] status as personal representative of the
decedent's estate, [Appellant's] answer averred that Hilda
B. Stewart had "renunciated" her position as personal
representative on November 7, 2000, and that, therefore,
"during the filing of the Original Complaint and all other
Complaints [the estate of George G. Stewart] was without
a Personal RepresentativeY [Appellant] averred that she
had been appointed as personal representative for the
estate of George G. Stewart on March 5, 2001, and that
she had acted in "Good Faith" in filing the prior
complaints.28
26 [Appellant] actually filed two answers to the
preliminary objections. [Appellant] filed the first
answer on May 29, 2001, but this answer was
deemed insufficient as a response to the preliminary
objections. Order of Ct., dated May 31, 2001. The
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court, however, permitted [Appellant] an opportunity
to file an amended answer "in accordance with ... the
order of May 18, 2001, on a timely basis." Id. On
June 6, 2001, [Appellant] filed an amended answer.
PI.'s Answer to Order of Ct., filed June 6, 2001. All
citations in this opinion to [Appellant's] answer to
the preliminary objections refer to the amended
answer.
27 [Appellant]'s Answer to Order of Ct., filed June 6,
2001, at 5.
28 Id.
With respect to the financial relationship between the
decedent and [Appellant], the answer basically reiterated
allegations in the prior complaints. [Appellant] averred
that she and her father had been involved in a "business
relationship," and that she recently had obtained an
"Independent recording contract" to record songs
composed by the decedent.29 The answer alleged that the
"Estate lost financial gains due to incompletion of this
musical project.'dO
29 Id. at 7, 9.
30 Id.
(Trial Court Opinion, filed August 15, 2001, at 2-6). The court sustained
Appellee's demurrer, and dismissed Appellant's complaint. Appellant timely
filed an appeal from this order.
On appeal, Appellant presents the following "Questions Involved" for
our review:
THE RIGHT OF THIS [APPELLANT] TO AMEND COMPLAINT
AFTER STATUTES OF LIMITATIONS TO BE THE PROPER
APPOINTED EXECUTOR/TRUSTEE AD LITEM OF THE
ESTATE AND MAINTAIN ALL CLAIMS OF COMPLAINT FOR A
LAWSUIT.
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THE RIGHT OF [APPELLANT] TO MAINTAIN CLAIMS OF: 1.
SURVIVAL ACTION AND 2. WRONGFUL DEATH ACTION
CONSIDERING CURRENT U.S. COPYRIGHT LAWS.
THE QUESTION OF WHETHER A [TRIAL] COURT CAN
PROPERLY ASCERTAIN ALL MEDICAL AND OTHER FACTS
WITHOUT EXPERT TESTIMONY AND EVIDENCE TO
SUBSTANTIATE ANY AND ALL [OF APPELLANT'S] CLAIMS
WITHOUT ANY DOUBTS AND PREVENTING THIS
[APPELLANT] PROPER DUE PROCESS OF LAW BY THE
CONTINUANCE OF A JUST TRIAL BY JURY.
THE ULTIMATE QUESTIONS...SHOULD [APPELLANT'S]
AMENDING BE PERMITTED [AND] SHOULD THIS
[APPELLANT'S] CASE [HAVE] BEEN DISMISSED BY [TRIAL]
COURT.
(Appellant's Brief at 4).
As a prefatory matter, although this Court is willing to construe
liberally materials filed by a pro se litigant, pro se status generally confers
no special benefit upon an appellant. Strawn v. Strawn, 664 A.2d 129
(Pa.Super. 1995). In other words, a pro se litigant is granted the same
rights, privileges, and consideration as those accorded an appellant
represented by counsel, but is not entitled to any particular advantage
simply because the appellant lacks legal training. Cole v. Czegan, 722 A.2d
686, 687 (Pa.Super. 1998) (citing O'Neill v. Checker Motors Corp., 567
A.2d 680, 682 CPa.Super. 1989)). Accordingly, a pro se litigant must comply
with the procedural rules set forth in the Pennsylvania Rules of Court.
Jones v. Rudenstein, 585 A.2d 520, 522 CPa.Super. 1991), appeal denied,
529 Pa. 634, 600 A.2d 954 (1991). "[A]ppellant has a duty to file a
comprehensible brief and to raise and develop properly [her] appellate
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issues." Cole, supra. This Court may quash or dismiss an appeal if an
appellant fails to conform to the requirements set forth in the Pennsylvania
Rules of Appellate Procedure. Pa.R.A.P. 2101; Laird v. Ely & Bernard, 528
A.2d 1379 (Pa.Super. 1987), appeal denied, 520 Pa. 576, 549 A.2d 136
(1988).
The applicable rules of appellate procedure mandate that an
appellant's brief shall consist of the following matters, separately and
distinctly entitled and in the following order:
(1) Statement of jurisdiction.
(2) Statement of both the scope and review and the
standard of review.
(3) Order or other determination in question.
(4) Statement of the questions involved.
(5) Statement of the case.
(6) Summary of the argument.
(7) Argument for the appellant.
(8) A short conclusion stating the precise relief
sought.
(9) The opinions and pleadings specified in
Subdivisions (b) and (c) of this rule.
Pa.R.A.P.2111. Further,
Briefs and reproduced records shall conform in all material
respects with the requirements of these rules as nearly as
the circumstances of the particular case will admit,
otherwise they may be suppressed, and, if the defects are
in the brief or reproduced record of the appellant and are
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substantial, the appeal or other matter may be quashed or
dismissed.
Pa.R.A.P. 2101 (emphasis added).
See also Pa.R.A.P. 2114-2119
(addressing specific requirements of each subsection of brief on appeal). For
example,
The argument [section] shall be divided into as many
parts as there are questions to be argued; and shall have
at the head of each part-in distinctive type or in type
distinctively displayed-the particular point treated therein,
followed by such discussion and citation of authorities as
are deemed pertinent.
Pa.R.A.P. 2119(a) (emphasis added).
In the instant case, Appellant has elected to proceed pro se.
Generally, Appellant's brief lacks legal and factual substance, making our
ability to review her issues difficult, if not impossible. Additionally,
Appellant's statement of the case, summary of argument, and argument
sections are rambling collections of assertions and opinions, in contravention
of Rule 2117. See Pa.R.A.P. 2117 (mandating that all argument be
excluded from statement of case section). Moreover, Appellant's argument
section is a confusing album of conclusions of law, punctuated by phrases in
all capital letters, underlined sections, and phrases penned in stream of
consciousness, unsupported by any legal authority. See Pa.R.A.P. 2119(a)
(requiring discussion of contentions on appeal plus legal argument and
citations supporting those contentions). The argument itself is a string of
general statements and references to Appellant's version of the facts. This
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Court will not act as counsel for Appellant and formulate her arguments for
her. Consequently, in accordance with Rule 2101 and Laird, supra, we
dismiss all but one of Appellant's issues raised on appeal.
In all fairness to Appellant, we will address the one issue that we were
able to glean from her brief; i.e., whether the trial court erred in sustaining
Appellee's preliminary objections in the nature of a demurrer and dismissing
her claims with prejudice.
The relevant scope and standard of review of orders sustaining
preliminary objections in the nature of a demurrer are as follows:
Our review of a trial court's sustaining of preliminary
objections in the nature of a demurrer is plenary. Such
preliminary objections should be sustained only if,
assuming the averments of the complaint to be true, the
plaintiff has failed to assert a legally cognizable cause of
action. We will reverse a trial court's decision to sustain
preliminary objections only if the trial court has committed
an error of law or an abuse of discretion.
Kramer v. Dunn, 749 A.2d 984, 990 (Pa.Super. 2000) (internal citations
omitted). Where the complaint fails to set forth a valid cause of action, a
preliminary objection in the nature of a demurrer is properly sustained.
McArdle v. Tronetti, 627 A.2d 1219, 1221 (Pa.Super. 1993), appeal
denied, 537 Pa. 622, 641 A.2d 587 (1994). The question presented by the
demurrer is whether, on the facts averred, the law says with certainty that
no recovery is possible. Id.
In response to this issue, the trial court stated as follows:
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Survival Action. The basic statutory provision respecting
survival of actions appears at 42 Pa.C.S.A. ~ 8302, and
provides as follows:
All 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, No. 142, ~ 2, 42 Pa.C.S.A. ~
8302 (West 1998 & Supp. 2001). 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 Pennnsylvania Transp. Authority, 529
Pa. 588,597,606 A.2d 427, 431 (1992) (quoting Pezzulli
v. D'Ambrosia, 344 Pa. 643, 26 A.2d 659 (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.
Com., Dep't of Transp., 480 A.2d 318, 321 ([Pa.Super.]
1984).
Wrongful Death Action. The Wrongful Death Act provides,
in pertinent part, as follows:
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... .
...[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
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proportion they would take the personal estate of the
decedent....
Act of July 9/ 1976/ P.L. 586/ No. 142/ 9 2/ as amended,
42 Pa.C.5.A. 99 8301(a), (b) (West 1998 & 5upp. 2001).
Damages recovered under this statute "are not part of the
decedent/s estate, but rather are compensation to
individual members of the family for this loss." Tulewicz[,
supra] 529 Pa. at 596/ 606 A.2d at 431.
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, 411 A.2d 252/ 254 ([Pa.5uper.] 1979); accord
Hodge v. Loveland, 690 A.2d 243/ 246 ([Pa.5uper.]
1997)[, appeal denied, 555 Pa. 701/ 723 A.2d 672
(1998)]. Accordingly, in order to recover under the
statute, plaintiffs must show that they suffered pecuniary
loss resulting from the death of the decedent. Hodge[,
supra] 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, 499 A.2d 661/ 664 ([Pa.5uper.]
1985)[, appeal dismissed as improvidently granted, 517
Pa. 58/ 534 A.2d 756 (1987)] (quoting Manning[, supra]
at 254).
Application of Law to Facts
Survival Action. In the court's view, [Appellant] has not
alleged sufficient facts to permit recovery in a survival
action. In a survival action, the personal representative of
the estate of the decedent may recover damages to which
the decedent would have been entitled both for pain and
suffering from the time of injury until death and for lost
earning potential, less personal maintenance expenses,
over the decedent's estimated life-span. [Appellant]
Collins, however, seeks recovery for losses sustained by
[Appellant], including loss of consortium and of her
"Independent recording contract."31 [Appellant] has not
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asserted a claim based upon a contention that the
decedent experienced pain or suffering from the time of
the negligent act until his death,32 that the decedent had
any significant earning potential which was lost, or that his
earning potential would have exceeded his personal
maintenance costs. In short, [Appellant] has not alleged
any pertinent losses sustained by the decedent, and,
therefore, cannot recover damages in a survival action.33
31 [Appellant]'s Answer to Order of Ct., filed June 6,
2001, at 7, 9.
32 In fact, the complaint suggests that decedent was
comatose and unconscious from the time of the
alleged negligent act until his death. Fourth Am.
Compl. at 2-4.
33 Because of the disposition of the preliminary
objections on other grounds, the court will not
address [Appellant's] ability to amend the caption of
the complaint to identify [Appellant] as personal
representative of the estate of decedent following
the expiration of the two-year statute of limitations
period.
Wrongful Death Action. In the court~s view, [Appellant]
has not alleged sufficient facts to permit recovery in a
wrongful death action. To recover under the Wrongful
Death Act, [Appellant] must show that she suffered
pecuniary loss as a result of the death of decedent.
[Appellant], however, has not averred any facts that
suggest that the decedent contributed support to
[Appellant] with "reasonable frequency," or that she was
deprived of expected support because of his death. The
facts, as alleged, suggest that [Appellant] and the
decedent were involved in a "business relationship" and
that she lost a recording contract with an independent
producer due to the death of George G. 5tewart.34 These
facts do not rise to the level of the deprivation of expected
contributions from the decedent as contemplated by the
statute.
34 [Appellant]'s Answer to Order of Ct., filed June 6,
2001, at 7, 9.
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The court, in the order dated May 18, 2000, found
[Appellant's] complaint to be insufficient in terms of the
financial relationship between [Appellant] and the
decedent, and issued a rule upon [Appellant] with a view
toward supplementation of the record in this area.
[Appellant's] answer, however, merely repeated previous
allegations. Because [Appellant's] answer failed to remedy
the defects identified by the court, and, thus, failed to
present a viable claim, the court must sustain [Appellee's]
demurrer and dismiss the complaint.
(Trial Court Opinion at 7-9).
After our review of the certified record, we must agree with the trial
court's reasoning. Even if all of the facts Appellant has alleged are true, her
facts are insufficient to state a cause of action for either a survival or
wrongful death action. Moreover, Appellant's failure to adhere to the trial
court's order to provide more information about her financial relationship
with her father leads us to the inevitable conclusion that Appellant had no
additional information to provide and her claims were speculative at best.
The trial court gave Appellant substantial leeway to demonstrate why her
action should not be dismissed. Thus, we see no error of law or abuse of
discretion in the court's decision to sustain Appellee's preliminary objections,
as Appellant has failed to assert a legally cognizable cause of action. See
Kramer, supra; McArdle, supra. Accordingly, we affirm.
Order affirmed.
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Among the Records and Proceedings enrolled in the court of Common Pleas in and for the
county of
ClMlERLAND
in the Commonwealth of Pennsylvania
to No.
2000-7949
Term, 19
is contained the following:
COPY OF
SEE ATl'ACHED
,
DOCKET ENTRY
DE'J\NNA K. CXlLLINS
VS.
ROSEMARY DAILEY BATHAVIC
PLEASE SEE ENCLOSED DOCKET ENTRIES
2000-7949 CIVIL TERM
SUPERIOR COURT # - 1469 MDA 2001
I Part:
RECORD FilED IN SUPERIORCOURT
~ NOV 16 Z001
.
IVllI,iUl.t
~ ,~
-"'::-
PYS510
2000-07949
~, erland County prothonotar~,'S Office
U Ci vil Case Inquiry V
COLLINS DEANNA K (vs) BETHAVIC ROSEMARY DAILEY
1
Page
Reference No.. :
Case Type.....: COMPLAINT
Judgment...... .00
Judge Assigned:
Disposed Desc. :
------------ Case Comments -------------
Filed. . . . . . . . :
Time......... :
Execution Date
Jury Trial. . . .
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
11/09/2000
4:12
0/00/0000
0/00/0000
1469 MDA2001
********************************************************************************
General Index Attorney Info
COLLINS DEANNA K PLAINTIFF PRO SE
46 WILLOW STREET
HIGHSPIRE PA 17034
BATHAVIC ROSEMARY DAILEY DEFENDANT
121 WALNUT STREET
CARLISLE PA 17013
********************************************************************************
* Date Entries *
~ ********************************************************************************
i PAGE 00.
. 1-2 11/09/2000
3-5 11/16/2000
6 11/20/2000
.7 12/04/2000
8-11 12/04/2000
12-16 12/06/2000
17-21 12/08/2000
22 12/13/2000
23-46 1/11/2001
47 1/11/2001
48-52 1/22/2001
53 2/08/2001
54-58 3/16/2001
59 4/05/2001
60-73 4/30/2001
74-78 5/18/2001
79-89 5/18/2001
1'-,,,,-.,0"-
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COMPLAINT - OF MEDICAL NEGLIGENCE
----~--------------------------------------------------------------
AMENDED COMPLAINT - BY DEANNA K COLLINS PLFF
----~--------------------------------------------------------------
AFFIDAVIT OF SERVICE - FOR COMPLAINT AND SUMMONS - BY DEANNA K
COLLINS PLFF
---------------------------.----------------------------------------
PRAECIPE FOR LISTING CASE FOR ARGUMENT - PRELIMINARY OBJECTIONS OF
DEFENDANT ROSEMARY DAILEY BATHAVIC - BY CHARLES E WASILEFSKI ESQ
ATTY FOR DEFT
-------------------------------------------------------------------
PRELIMINARY OBJECTIONS OF DEFENDANT ROSEMARY DAILEY BATHAVIC TO
PLAINTIFF'S AMENDED COMPLAINT - BY CHARLES E WASILEFSKI ESQ ATTY
FOR DEFT
----~--------------------------------------------------------------
AMENDED COMPLAINT OF MEDICAL NEGLIGENCE AND WRONGFUL DEATH - BY
DEANNA K COLLINS PLFF
-------------------------------------------------------------------
AMENDED COMPLAINT OF MEDICAL NEGLIGENCE AND WRONGFUL DEATH - BY
DEANNA K COLLINS
-------------------------------------------------------------------
AFFIDAVIT OF SERVICE FOR AMENDED COMPLAINT OF MEDICAL NEGIGENCE
AND WRONGFUL DEATH - BY DEANNA K COLLINS PLFF
-------------------------------------------------------------------
PRELIMINARY OBJECTIONS OF DEFENDANT ROSEMARY DAILEY BATHAVIC TO
PLAINTIFF'S THIRD AMENDED COMPLAINT - BY CHARLES E WASILEFSKI ESQ
FOR DEFT
PRAECIPE FOR LISTING CASE FOR ARGUMENT - PRELIMINARY OBJECTIONS OF
DEFENDANT ROSEMARY DAILEY BATHAVIC TO PLAINTIFF'S THIRD AMENDED
COMPLAINT - BY CHARLES E WASILEFSKI ESQ
-------------------------------------------------------------------
AMENDED COMPLAINT OF MEDICAL NEGLIGENCE AND WRONGFUL DEATH
-------------------------------------------------------------------
AFFIDAVIT OF SERVICE FOR AMEND COMPLAINT - BY DEANNA COLLINS
-------------------------------------------------------------------
AMENDED COMPLAINT - BY DEANNA K COLLINS PRO SE
-------------------------------------------------------------------
AFFIDAVIT OF SERVICE - FOR AMENDED COMPLAINT - BY DEANNA K COLLINS
-------------------------------------------------------------------
ANSWER WITH NEW MATTER OF DEFT ROSEMARY DAILEY BATHAVIC TO PLFF'S
FOURTH AMENDED COMPLAINT - CHARLES E WASILEFSKI ATTY FOR DEFT
-------------------------------------------------------------------
PLAINTIFF'S RESPONSE TO DEFTS ANSWER TO PLFFS FOURTH AMENDED
COMPLAINT - BY DEANNA K COLLINS
-------------------------------------------------------------------
ORDER OF COURT - DATED 5/18/01 - IN RE DEFTS PRELIMINARY OBJECTIONS
TO PLFFS COMPLAINT - A RULE IS ISSUED UPON PLFF TO SHOW CAUSE -
PLFF SHALL FILE AN ANSWER TO PRELIMINARY OBJECTIONS - BY THE COURT
J WESLEY OLER JR J COPIES MAILED 5/18/01
11
^~~
ff
~~erla~d.Courtty Prbt~onotar~, ,'"s Office
~ Clvll Case Inqulry ~
2000-07949 COLLINS DEANNA K (vs) BETHAVIC ROSEMARY DAILEY
Reference No..: Filed.... ....:
Case Type.....: COMPLAINT Time.........:
Judgment. . . . . . .00 Execution Date
Judge Assigned: Jury Trial....
Disposed Desc.: Disposed Date.
------------ Case Comments ------------- Higher Crt 1.:
PAGE 1'<<>. Higher Crt 2.:
-------------------------------------------------------------------
90-98 5/29/2001 PLAINTIFF'S ANSWER TO ORDER OF COURT DATED MAY 18, 2001 - BY
DEANNA K COLLINS
-------------------------------------------------------------------
99-101 5/31/2001 OPINION AND ORDER, OF.COURT - DATED 5/31/01 - PLFFS ANSWER TO ORDER
OF COURT - IT APPEARING.TNAT THEPLFF HAS MISCONSTRUCTED THE
ORDER OF COURT - PLFFS IS DIRECTED TO FILE AN ANSWER TO DEFT
PRELIMINARY OBJECTIONS RESPONDING PARAGRAPH BY PARAGRAPH TO
ALLEGATIONS THEREIN AND THEREAFTER TO PROCEED IN ACCORDANCE WITH
THE BALANCE OF ORDER 5/18/01 ON A TIMELY BASIS - BY THE COURT J
WESLEY OLER JR J COPIES MAILED 5/31/01
102-112 8/15/2001 OPINloN-iND-oRDER-OP-coPRr-=-DATEP-s/is/oi-=-IN-RE-PRELIMINARy-----
OBJECTIONS OF DEFT PLPFS ANSWER AND THE BRIEFS AND ARGUMENTS IN
SUPPORT THEREOF AND FOR THE REASONS STATED IN THE ACCOMPANYING
OPINION DEFT'S DEMURRER IS SUSTAINED AND PLFF'S COMPLAINT IS
DISMISSED - DEFT'S MOTION TO STRIKE REFERENCES TO HILDA B
STEWART IS DEEMED MOOT - BY THE COURT J WESLEY OLER JR J COPIES
MAILED 8/15/01
-------------------------------------------------------------------
113-116 9/14/2001 NOTICE OF APPEAL TO SUPERIOR COURT OF PA THE ORDER OF 8/15/01 -
BY DEANA K COLLINS PRO SE PLFF
-------------------------------------------------------------------
117-118 9/24/2001 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 1469 MDA 2001
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
PYS510
Page
2
11/09/2000
4:12
0/00/0000
0/00/0000
1469 MDA2001
********************************************************************************
* Escrow Information *
* Fees & Debits Bea Bal Pvrnts/Adi End Bal *
********************************~***********************************************
COMPLAINT
TAX ON CMPLT
SETTLEMENT
JCP FEE
APPEAL
35.00
.50
5.00
5.00
30.00
35.00
.50
5.00
5.00
30.00
75.50
75.50
.00
.00
.00
.00
.00
------------
.00
********************************************************************************
* End of Case Information *
********************************************************************************
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~OURT of COMMON PLEAS of C~ERLAND COUNTY
1 Courthouse Square
Carlisle,Pennsylvania 17013
Date: November 9,2000
Plaintiff: DEANNA K. COLLINS
of 46 Willow Street
Highspire,Penna. 17034
Defendant: ROSEMARY DAILEY BATHAVIC
VS
of 121 Walnut Street
Carlisle,Penna. 17013
COMPLAINT of MEDICAL NEGLIGENCE
which resulted in a wrongful death situation.
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ON behalf of myself,DEANNA K. COLLINS(Plaintiff) daughter of the
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deceased victiom
Mr. George G. Stewart
formerly a resident of the Claremont Nursing and Rehab. Center located
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at 375 Claremont Road, Carlisle,Penna.17013..........................
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since the ESTATE of GEORGE G. STEWART is pursuing a Wrongful Death
Lawsuit of its O'Wl1................................................
I Individually am suing the above named Licensed Practical Nurse
ROSEMARY DAILEY BATHAVIC for her SPECIFIC and INDIVIDUAL actions of
NE~LIGENCE..........which resulted in the untimely death of my father
Mr. GEORGE G. STEWART.
I address this court to please take immediate action on this lawsuit
proceeding since the loss 01 this individual has resulted in personal
and financial losses.
.,.,',,: "-r"~ DEANNA K. COLLINS requwst proper and just financial settlements in the
j~t amount.~ since this person was to live with me at my residence
and be removed from the nursing home above mentioned via a Certified
letter to this facility. (Dec. 10,1998 t~~
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NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attomey and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accomodations available to disabled individuals having business before the court, please
contact our office. All arrangements must be made at least 72 hours prior to any hearing or
business before the court. You must attend the scheduled conference or hearing.
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COURT of COMMON PLEAS
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of CUMBERLAND COUNTY
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1 Courthouse Square
Carlisle,Pennsylvania 17013
Date: November 9,2000
Plaintiff: DEANNA K. COLLINS
of 46 Willow Street
Defendant. ROSEMARY DAILEY BATHAVIC
VS
of 121 Walnut Street
Highspire,Penna. 17034 Carlisle,Penna. 17013
IJl'ler.dd COMPLAINT_of MEDICAL NEGLIGENCE w~ th Off' f~ f~ I No T/c.c T1J Def:'erd ~ Anlswc/L
n P"j<!. 3(cttrAch.ed)
which resulted in a wrongful death situation.
ON behalf of myself,DEANNA K. COLLINS (Plaintiff) daughter of the
deceased victiom
Mr. George G. Stewart
formerly a resident of the Claremont Nursing and Rehab. Center located
at 375 Claremont Road, Carlisle.Penna.17013..........................
since the ESTATE of GEORGE G. STEWART is pursuing a Wrongful Death
Lawsuit of its own.....................................................
I Individually am suing the above named Licensed Practical Nurse
ROSEMARY DAILEY BATHAVIC for her SPECIFIC and INDIVIDUAL actions of
NE@LIGENCE..........which resulted in the untimely death of my father
Mr. GEORGE G. STEWART.
I addres~ this court to please take immediate action on this lawsuit
proceeding since the loss o~ this individual has resulted in personal
and financial losses.
I ~EANNA K. COLLINS requwst proper and
~~mount ~ since this person was
and be removed from the nursing home
just financial settlements in the
to live with me at my residence
above mentioned via
a Certified
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO TIlE PROTHONOTARY (OF CUMBERLAND COUNTY:
Please list the within matter for the next;
o Pre-Trial Argument Court
@ Argument Court
----~-----------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
DEANNA K. COLLINS
(plaintiff)
Ys.
ROSEMARY DAILEY BATHAVIC
(Defendant)
Ys.
.
No. ~949
Civil
2000
x,q~xxx
I, State matter to be argued (i. e., plaintiffs motion for new trial,
defendant's demurrer to complaint, etc.);
Preliminary Objections of Defendant, Rosemary Dailey Bathavic
2. Identify counsel who will argue case;
(a) for plaintiff; DeanJila K.,. Collins, .046 WiHd>w Street,-, 'Highspire, PA 17034
(b) for defendant; Charles E. Wasilefski, Esquire, 2931 North Front
Street, Harrisburg, PA 17110
3. I will notify all parties in writing within two days that this case has been
listed for argument. _
Dated;
December 4, 2000
7
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IN THE COURT OF
COMMON PLEAS FOR
CUMBERLAND COUNTY,
PENNSYLVANIA
DEANNA K. COLLINS
Plaintiff
ROSEMARY DAILEY BATHAVIC,
Defendant
NO. 00 - 7949 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS OF
DEFENDANT. ROSEMARY DAILEY BATHAVIC
TO PLAINTIFF'S AMENDED COMPLAINT
NOW COMES, Defendant, Rosemary Dailey Bathavic ("Bathavic"), by
and through her 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, Bathavic, for the
death of George G. Stewart.
2. Plaintiff lacks standing and the capacity to bring suit against
Defendant, Bathavic, for the death of George G. Stewart.
3. Plaintiff lacks standing and the capacity to bring suit against
Defendant, Bathavic, for medical negligence.
4. Plaintiff's Complaint fails to conform to law or rule of court and
includes scandalous and impertinent matter,
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5. Plaintiff's Complaint lacks sufficient specificity to allow
Defendant to answer and prepare a defense.
6. Plaintiff's Complaint is legally insufficient and must be dismissed.
WHEREFORE, Defendant, Bathavic, respectfully requests that
Plaintiff's Complaint be dismissed; or, in the alternative, that Plaintiff be required to
file a more specific Complaint.
PETERS & W ASILEFSKI
By~J
Date: December 4, 2000
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Charles E. Wasilefski, Esquire
Attorney #21027
2931 North Front Street
Harrisburg, PA 17110
[717] 238-7555
Attorneys for Defendant,
Rosemary Bathavic
'-. .,
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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 & WasiIefski, have this ~ da~"'t.\::~~"-('\....-' 2000, served a true
and correct copy of the foregoing PRELIMINARY OBJECTIONS OF DEFENDANT,
ROSEMARY DAILEY BATRA VIC 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
~ '
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Pamela J. Crum
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DEANNA ~. CO~LINS-Pla~iff
(Trustee ad litem for~e
ESTATE OF GEpRGE G. STEWART
,
VS.
ROSElVIARY DAILEY BATHAVIC
Defendant
.. IN THE COURT OFt""\JMMON PLEAS .
* FOR CmMBERLAND ~NTy,PENNSYLVANIA
..
..
..
, ~
NO: 00-7949 Civil Term
.. CIVIL ACTION-LAW
..
* JURY TRIAL DEP~DED
..
.. AlVIENDED COMPLAINT OF MEDICAL NEGLIGENCE
.. AND WRONGFUL DEATH
I,DEANNA K. COLLINS,Acting as Trustee ad litem for the ESTATE OF
GEORGE G. STEWART, Requests this Court to accept this AMENDED COP@LAINT.
On Behalf of myself and all the beneficiaries of said Estate whom I legally
represent and initially failed to mention.
Acting individually as said Trustee ad litem-Plaintiff,I charge
ROSElVIARY DAILEY BATHAVIC with a Complaint of: (1) MEDICAL NEGLIGENCE
(2) WRONGFUL DEATH ACTION
The ESTATE OF GEORGE G. STEWART alleges charges of Medical Negligence
against Ms. Bathavic which contrabuted to a wrongful death.situation
as follows :
1. At 11:15p.m. November 7,1998 George G. Stewart,resident of Claremont
Nursing and Rehabilitation Center,was found in the following medical
condition: UNRESPONSIVE,MOUTH-BREATHING. MS. Bathavic was the Licensed
Practical Nurse-(Charge Nurse) for D-WING. She FAILED TO TAKE PROPER
VITAL SIGNS IMMEDIATELY......FAlLED TO NOTIFY Registered Nurse(RN) Shift
Supervisor of a declining health status.
2. 11:JOp.m. November7,1998 George G. Stewart was found as follows:
"TPR 101,9(rectal Temp.) ,Apical pulse 122, Respirations-44, loose
\.' j
Non-productive cough,Hands and feet cold, UNABLE TO OBTAIN BLOOD PRESSURE (
ROSElVIARY DAILEY BATHAVIC FAILED TO: (1) Notify RN Shift Supervisor of
significant decline in Health Status(2)Notify Hilda Stewart(wife) of
Mr. Stewart's declining medical condition(J)To Provide Immediate CPR for
Resuscitation Purposes (4) To Call 911 for Ambulance
J. ROSElVIARY DAILEY BATHAVIC FAILED TO Provide any major medical actions
to assist r~. Stewart who was in a comatose condition without an
I(
"AUDIBLE BLOOD PRESSURE.
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3, (J) Ms. Bathavic
:Purposes for Mr.
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FAILED to Provide Immediate CPR for Resuscitatiqn
Stewart ~iI€ l.VfrS A- ~u II CO 'OF-
3, <9t-) FAILED to Call 911 for Ambulance
At 12am. November8.1998 Mr. Stewart was still found to be slow to respond.
,
Nailbeds of fingers and feet cyanotic and cold. St~ll Ms. Bathavic
FAILED to Provide any Rescue measure to aid Mr. stewart.
This was an ACT OF OMMISSION TO PROVIDE ADEQUATE MEDICAL CARE TO A
DEPENDENT PERSON,Mr. stewart, who was in the stages of COMA.
4. Ms. Bathavic is charged with BREACH OF DUTY BY HER FAILURE TO PERFORM
those services expected and required of a Licensed Practical Nurse.
Ms, Bathavic FAILED to give adequate Nursing care for aproximately
1 Hour and 15 minutes according to Claremont Nursing and Rehabilitation
Center's Nursing Notes......where Rosemary Dailey Bathavic was the
l1pm to 7am Night Shift Charge Nurse on D-WING for the night of NOvember
7,1998 thru November8,1998 where George G. Stewart was a resident of her
duty. Mr. Stewart lay 1 Hour and 15 minutes with"NO AUDIBLE BLOOD PRESSURE"
before the RN(Registered Nurse) Shift Supervisor evaluated his condition
aproximately 12130am 11/8/1998 to 12145am 11/8/1998 at which time an
ambulance was called to transport this resident to Carlisle Hospital~
Hilda Stewart(wife) request, at aproximately lam. 11/8/1998.
5. Mr. Stewart lay from the time he was found 11115pm. 11/7/1998 until
1:15am 11/8/1998 when the ambulance arrived at Claremont faciltiy to transfer
him to the hospital. This was a 2 Hour delay for any rescue measure to
save Mr. Stewart who lay for 2Hours with "NO AUDIBLE BLOOD PRESSURE."
,
IS
This in itself~a finding of GROSS MEDICAL NEGLIGENCE.
It is alleged that the specific ACTS OF OMISSION mentioned above by
ROSEMARY DAILEY BATHAVIC was a BREACH OF DUTY. These were ACTS OF
MEDICAL NEGLIGENCE which is alleged to have caused a 1 Hour and 15 minute
delay to provide any rescue measure to save Mr. Stewart.therefore
causing SEVERE,IRREVERSIBLE BODY SYSTEM DAMAGES to prevent any future
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attempts to save the life of Mr. George G. Stewart impossible. His body
was damaged too greatly to reverse the damages caused by his laying
1 Hour and 15 minutes before his evaluation by the RN Shift Supervisor
at 12:30am1Y8/1998 to aproximately 12:45AM 11/8/1998 un til the ambulance
arrived at Claremont at 1:15am 11/8/1998. The total time delay of
aproximately 2 Hours in a situation of Mr. Stewart being with "NO
AUDIBLE BLOOD PRESSURE."
It is alleged by the Plaintiff of this case that Mr. Stewart's Death
was caused by the Medical Negligence of Rosemary Dailey Bathavic who
left this man lay 1 Hour and 15 minutes with "NO AUDIBLE BLOOD PRESSURE."
This was a BREACH OF DUTY......MEDICAL NEGLIGENCE........ a CONTRIBUTING
MAJOR FACTOR that caused the untimely DEATH OF GEORGE G. STEWART on
November 9.1998. The Defendant.Rosemary Dailey Bathavic is accused of
ACTS OF OMMISSION to give adequate emergency care to this man therefore
causing the following body system failur~to become irreversible to
the extent that any life-saving measures became impossible:
1. Respiratory System Failure 2. Cardiac System Failure- found to have
Atrial-Ventral Fibrillation problem
3. Renal System Failure
with dehydration
5. Right lower lobe Pneumonia
It is alleged that George G. Stewart was left lay too long with
"NO AUDIBLE BLOOD PRESSURE" therefore causing the conditions which made
4.Irreversible Coma Condition
dM-VTO ~ ~RA-//i!DfH1Ir1je-
the pneumonia overwhelming and untreatable 6&pon his admission to
the Carlisle Hospital Emergency Room 11/8/1998 at aproximately 2:20am.
The Defendant.Rosemary Dailey Bathavic is accused of the Death of
George G. Stewart by Acts of Ommission.......her specific actions of
"LETTING GO" of Mr. Stewart with the training and knowledge to realize
her actions would cause death. Death was a specific Consequence of her
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Medical Negligence. Perhaps "Attempted Negligent Homicide" would be the more
adequate term to define the BREACH OF DUTY of ROSEMARY DAILEY BATHAVIC who
was the D-WING Charge Nurse at Claremont Nursing and Rehabilitation Center
the night of November 7,1998 llpm until 7am November 8,1998. ~1le
~eorge G. Stewart was a resident of this faciltiy.
These are the allegations of the Plaintiff for this @~~R against
defendant,Rosemary Dailey Bathavic.
Therefore, the ESTATE OF GEORGE G. STEWART VIA Plaintiff DEANNA K, COLLINS,
PRAYS for a Judge~ent in the amount of $ 85000 for the DEATH of
14r. Stewart. The Pain-Suffering,Personal and Financial losses due to the
untimely death of Mr. Stewart are great. Inspite of his age Mr. Stewart
was mentally oriented to perform musical compositions which were to be
recorded by his daughter via a recent Independent recording contract
This in itself was a significant financial loss to the value of the
Estate. Th~. Stewart has many completed compositions and some incomplete
compositions unset to arrangement recorded in the Library of Congress
and copy~tghted.The loss of companionship and financmal creativity of this
pleasant gentleman are great. Therefore, inspite of his age of 82, Mr.
stewart was a very productive citizen ,a "RO(king Chair Cowboy.....
another Social Security Ace!". The Estate Prays for judgement of
$ 85000 which we feel is not unreasonable, against ROSEMARY DAILY BATHAVIC,
FOR HER Medical Negligence and Wrongful Death Actions.
Sign'd'~~~/!!~~~ I__~
Date: /)~/f,{f/i/A-/< oCL//)'S; ESr/Jr~ecl!_l?c 6'S7FitJ1Iq
( 1/ )
IS
'-~
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. ,
by; Deanna K. Collins 0
46 Willow Street
Hignspire,Penna. 17034
o
DEANNA K. OOLLINS-Plaintiff In Pro.Per
Trustee ad litem for the ESTATE OF
GEORGE G. STEWART
IN THE COURT OF COMMON PLEAS FOR
OUMBERLAND OOUNTY.
PENNSYLVANIA
VS.
NO: 00-7081 Civil Term
CIVIL ACTION-LAW
SUMMONS IN A CIVIL LAWSUIT
CLAREMONT NURSING AND REHABILITATION CENTER
Defendant
I,DEANNA K. COLLINS,Plaintiff Trustee ad litem fmr the ESTATE OF
GEORGE G. STEWART SERVE UPON CLAREMONT NURSING AND REHABILITATION CENTER~S
a ttorney ~ARLES E. WASlLEFSKI
010 North Front Street
arrisburg,Penna. 17110
a COPY(Certified) of the recently AMENDED COMPLAINT for this case
and a SUMMONS.
Your Client,ROSEMARY DAILEY BATHAVIC, Is being sued in Court for
the MEDICAL NEGLIGENCE AND WRONGFUL DEATH ACTIONS
BY THE Plaintiff for
,1' }?SfJ&()
the ESTATE OF GEORGE G. STEWART in the amount of
for Judgement in this case.
Your response to this action is requested by
the Court within ~
submitting an ANSWER to
~s of Service of thi.:lr letter accompanying
.
SUMMONS,and sending a copy of your answer to
the AMENDED COMPLAINT and
the Plaintiff In Pro Per:
DEANNA K. COLLINS
46 Willow Street
Highspire,Penna.
17034
Sign~
be fJNlll+ F , (};(/;/15' L
(,ljr sT-ee. a..d /tie In +b r 7~ Es7;JF E- crf
(f EO ;2liE (i. SlE u/,4-fLLT
Date: ~€d2~
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TIM~; ~UI17f)~!c 87;;(~
~
I, DEANNA K. COLLINS fl#)/'~l5;ijf~~~f! for the
j..; ,"/c1 fr 13 ' STEI/) IfflJ ~ Eft Ew (f'Jy;
€ D.i<~ANj\lA_ K., COLLI)\lS-F'l-flf)tiffs .In.
. ';. ,{f))tj-(,(3hl~R' . ,. p;tJ fl?R..
fVA ~:;TAT~ OF UEORGE'G. STEWART
VS.
ROSEW~RY DAILEY BATHAVIC
Defendant
1.2_;> - 66
IN THE COURT O~OMMON PLEAS
FOR CmMBERLAND~UNTy,PENNSYLVANIA
*
*
*
* NO: 00-7949 Civil Term
*
* CIVIL ACTION-LAW
*
* JURY TRIAL DE~UNDED
*
*-AMENDED COMPLAINT OF MEDICAL NEGLIGENCE
* AND WRONGFUL DEA'l'Ji
ESTATE
OF
GEORGE G. STEWART, Requests this Court to accept this AMENDED COf/IPLAINT.
On Behalf of myself and all the beneficiaries of said Estate whom I legally
represent ;C-lI.;;~r o'-.::"olb.8~ -:'3 ,ff~J:''''~,;''-"''.>.,
Acting 16i~"'fb~~ Je1Aet& Its:Jd;t PR.lll~{R.=-Plaintif~I charge
ROSE~~RY DAILEY BATHAVIC with a Complaint of: (1) MEDICAL NEGLIGENCE
(2) WRONGFUL DEATH ACTION
The ESTATE OF GEORGE G. STEWART alleges char~ of Medical Ne~ligence
against Ms. Bathavic which contr~buted to a wron~fuL dea~b ,situation
as follows :
1. At 11:15p.m. November 7,1998 George G. Stewart,resident of Claremont
Nursing and Rehabilitation Center,was found in the following medical
condi tion: UNRESPONSIVE,l'lOUTH-BREATHING. MS. Bathavic was the Licensed
Practical Nurse-(Charge Nurse) for D-WING. She FAILED TO TAKE PROPER
VITAL SIGNS Il~lliDIATELY......FAlLED TO NOTIFY Registered Nurse(RN) Shift
Supervisor of a declining health status.
2. 11:JOp.m. November7,1998 George G. Stewart was found as follows:
"TPR 101,9(rectal Temp.) ,Apical pulse 122, Respirations-44, loose
\'
Non-productive cough,Hands and feet cold, UNABLE TO OBTAIN BLOOD PRESSURE"
ROSE~~RY DAILEY BATHAVIC FAILED TO: (1) Notify RN Shift Supervisor of
significant decline in Health Status(2)Notify Hilda Stewart(wife) of
l~. Stewart's declining medical condition(J)To Provide Immediate CPR for
Resuscitation Purposes (4) To Call 911 for Ambulance
J. ROSEMARY DAILEY BATHAVIC FAILED TO Provide any major medical actions
to assist ~~. Stewart who was in a comatose condition without an
/,
"AUDIBLE BLOOD PRESSURE.
-,~~~"~-
(I I
17
~I
(Cont'd.)
'7 (I)' Ms. Bathavic
./'
o
FAILED to Provide Immediate
o
CPR for Resuscitation
Purposes for Mr. Stewart
3. ~) FAILED to Call 911 for Ambulance
At 12am. November8,1998 ~k. Stewart was still found to be slow to respond,
Nailbeds of fingers and feet cyanotic and cold. St~ll Ms. Bathavic
FAILED to Provide any Rescue measure to aid Mr. stewart.
This was an ACT OF Or~~ISSION TO PROVIDE ADEQUATE MEDICAL CARE TO A
DEPENDENT PERSON,r~. Stewart, who was in the stages of COWill.
4. Ms. Bathavic is charged with BREACH OF DUTY BY HER FAILURE TO PERFORM
those services expected and required of a Licensed Practical Nurse.
Ms, Bathavic FAILED to give adequate Nursing care for aproximately
1 Hour and 15 minutes according to Claremont Nursing and Rehabilitation
Center's Nursing Notes......where Rosemary Dailey Bathavic was the
lipm to 7am Night Shift Charge Nurse on D-WING for the night of November
7,1998 thru November8,1998 where George G. Stewart was a resident of her
duty. Mr. stewart lay 1 Hour and 15 minutes with"NO AUDIBLE BLOOD PRESSURE"
before the RN(Registered Nurse) Shift Supervisor evaluated his condition
aproximately 12:30am 11/8/1998 to 12:45am 11/8/1998 at which time an
ambulance was called to transport this resident to Carlisle Hospital .~er_
Hilda Stewart(wife) req~est, at aproximately lam. 11/8/1998.
5. ~tr. Stewart lay from the time he was fOIDld 11:15pm. 11/7/1998 until
1:15am 11/8/1998 when the ambulance arrived at Claremont faciltiy to transfer
him to the hospital. This was a 2 Hour delay for any rescue measure to
save r,tr. Stewart who lay for 2Hours with "NO AUDIBLE BLOOD PRESSURE."
This in itself)~ finding of GROSS MEDICAL NEGLIGENCE.
It is alleged that the specific ACTS OF OMISSION mentioned above by
ROSEI,lARY DAILEY BATHAVIC was a BREACH OF DUTY. These were ACTS OF
"lliDICAL NEGLIGENCE which is alleged to have caused a 1 Hour and 15 minute
delay to provide any rescue measure to save r~. Stewart, therefore
causing SEVERE, IRREVERSIBLE BODY SYSTEM D~\~GES to prevent any future
( J- ) If
;-,^,,'JlU
.,. "~I_C
...
'!,
c
(Cont'd.)
o
o
attempts to save the life of r~. George G. stewart impossible. His body
was damaged too gr~atly to reverse the damages caused by his laying
1 Hour and 15 minutes before his evaluation by the RN Shift Supervisor
at 12:3oam1V8/1998 to aproximately 12:45AM 11/8/1998 un til the ambulance
arrived at Claremont at 1:15am 11/8/1998. The total time delay of
aproximately 2 Hout's in a situation of Mr. Stewart being with "NO
AUDIBLE BLOOD PRESSURE."
It is alleged by the Plaintiff of this case that Mr. Stewart's Death
was caused by the Medical Negligence of Rosemary Dailey Bathavic who
left this man lay 1 Hour and 15 minutes with "NO AUDIBLE BLOOD PRESSURE."
This was a BREACH OF DUTY......ThillDICAL NEGLIGENCE........ a CONTRIBUTING
"~JOR FACTOR that caused the untimely DEATH OF GEORGE G. STEWART on
November 9.1998. The Defendant,Rosemary Dailey Bathavic is accused of
ACTS OF O~ThrrSSION to give adequate emergency care to this man therefore
causing the following body system failures to become irreversible to
the extent that any life-saving measures became impossible:
1. Respiratory System Failure 2. Cardiac System Failure- found to have
Atrial-Ventral Fibrillation problem
3. Renal System Failure 4.Irreversible Coma Condition
with dehydration
5. Right lower lobe Pneumonia
It is alleged that George G. Stewart was left lay too long with
"NO AUDIBLE BLOOD PRESSURE" therefore causing the conditions which made
the pneumonia overwhelming and untreatable unpon his admission to
the Carlisle Hospital Emergency Room 11/8/1998 at aproximately 2:20am.
The Defendant,Rosemary Dailey Bathavic is accused of the Death of
George G. Stewart by Acts of Ommission.......her specific actions of
"LETTING GO" of Mr. Stewart with the training and knowledge to realize
her actions would cause death. Death was a specific Consequence of her
( 3 ) J?
i'~~-.
-
'I ", 1
. (Ct,nt'd.)
o
o
;.iedical ;'le;ligence. Ferhaps "Attempted Negligent Homicide" would be the more
adequate term to define the BREACH OF DUTY of ROSEII',ARY DAILEY BATHAVIC who
was the D-NING Charge Nurse at Claremont Nursing and Rehabilitation Center
the night of November 7,1998 llpm until 7am November 8,1998. ~ile
~eorge G. stewart was a resident of this faciltiy.
These are the allegations of the Plaintiff for this @~~~ against
,defendant,Rosemary Dailey Bathavic.
;11"iI 8. :;?iuJfil</~f[X(Cl(h .
1'f1"'*'~ . ..., )(jx
'I'herefore, the ESTATE OF GEORGE G. STEWART VIA Plaintif:es DEANNA , COLLINS,
4~Ni./(.)
PRAYS for a Judge~ent in the amount of $ 85000 for the DEATH of
y~. stewart. The Pain-Suffering,Fersonal and Financial losses due to the
untimely death of ttr. Stewart are great. Inspite of his age Mr. S~ewart
\1aS mentally oriented to perform musical compositions which were to be
recorded by his daughter via a recent Independent recording contract
This in itself was a significant financial loss to the value of the
Estate. ~~. Stewart has many completed compositions and some incomplete
compositions unset to arrangement recorded in the Library of Congress
and copyvighted.The loss of companionship and financmal creativity of this
pleasant gentleman are great. Therefore, inspite of his age of 82, Rtr.
stewart was a very productive citizen ,a "RO<!king Chair Cowboy.....
another Social Security Acel". The Estate Prays for judgement of
$ 85000 which we feel is not unreasonable, against ROSE~~RY DAILY BATHAVIC,
4J( jJ A- Js ,STe0 fl t1
. ,. ) ," :j; 12 0 .~ (
Signed: Q/Jf~?_dl:titL;;if'~r ~ I!I ru.#ls '~,!f-J!'Z-j;:.)( 6C&(7l?J X
Date: t>(;J~Ni7/A-1< COtLl/J5; . ES.ti1re o-frrCrJlC.(;c 6-S1E~
~g.7 ;(Ofrd ~f,' ,
lJj.4 rJ if fLW ~
FOR HER Medical Negligence and Wrongful Death Actions.
(tj.)
;;)0
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-
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<r~ ~-~""
'NrfJfrfJ, 5.reMJwu ~f'l-~Cu.flY'-K
by; Deanna K. COllins(-)
. ''<:;t 46,lillow Street -
Highspire,Penna. 170]4
o
Dce&.//~/9/ ;1cJCf'd
_ . D~AHNA K. J::QT4-IllSrPlaintiffOn pro.Per
H/jjl"J!S'$:"td4IlT:~)tfor the ESTA'l'E OF
c.l!.ORG.c. G. ;;'ll!.dArtT
IN THE COURT OF COMBON PLEAS FO:
Cur,lliERLAHD COUNTY.
PENNSYLVANIA
VS.
HO: OO-~Civil Term
CIVIL ~~TIm;-LAVI .
.
R,<JS&-/'fJ4f.-Y' Dtt./L-C.-H Btf/rfA- V/ G ,.
< (
/Jr 1/11 8 5'ksf/fllZ,J:..fEKSUI(1? /y
?/ I ,DiEAl'iNtJq~ft1fJS ,Plain'Gif~;;ouf~ ~f'iDr
GEORGE G. STEW~qT SERVE UPON CLAREMONT NURSING AND
SU~~ONS IN A CIVIL LAWSUIT
the ESTATE OF
REHABILITATION CENTER~S
attorney C~ARLES E. WASlLEFSKI
C1~ ,~~ North Front Street
. Harrisburg,penna. 17110
a COPY(Certif'ied) of the recently A~lliNDED COr~LAINT for this case
and a SU:i'D'~ONS.
Your Client.ROSE~~RY DAILEY BATHAVIC, Is being sued in Court for
the ESTATE OF GEORGE G. STEWART in the amount of
BY THE Plaintiff for
T-?5 () (1 (7
the !'.!2DICAL NEGLIG2NCE AND WRONGFUL DEATH ACTIOHS
for Judzement in this case.
Y0ur response to this action is requested by
;z{,i
submitting an Al,SWER to
the Plaintiff In Pro Per:
~/d
DEAl:NA K. COLLINS
46 Willow Street
Highspire,Penna. .170]4
Sighed
DE flNN/f ~
'f ~E::J:;;::;K'n /Ir~
Date: ~".~.
lc
~~Es7?J/~ 0'1
6E(j2f;;C 6. S-7EiU;1J.1.I
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1"'1 ~<-: r -
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HILDA.:e. STEWART=EXEC~IX
of the ESTATE OF GEORG~G. STEWART
AND DEANNA K. COLLINS (daughter)
Plaintiffs
VS.
In Pro Oer
/,)_/2-00
:I~HE COURT OF COMMON PLEAS
: ~ CUMBERLAND COUNTY,
. PENNSYLVANIA
CIVIL ACTION-LAW
NO: 00-7949 Civil Term
ROSEMARY DAILEY BATHAVIC
Defendant
AMENDED COMPI~INT OF
MEDICAL NEGLIGENCE AND f!2 J
WRONGFUL DEATH DATE: 1:1/ oY)Pc
HDElVIAND JURY TRIAL
AFFADAVIT OF SERVICE
I,HiLfiA B. ~~EWAft~-EXECUTORIX of the ESTATE OF GEORGE G. STEWART AND
I,DEANNA K. COLLINS,daughter.....Served a Certified Copy of the
AMENDED COMPLAINT OF MEDICAL NEGLIGENCE AND WRONGFUL DEATH.. .DATE: 1:</ 8/;;)~
and a Letter of SUMMONS upon Defendant ROSEMARY DAILEY BATHAVIC.S
Attorney: CHARLES E. WASlLEFSKI AT HIS OFFICES LOCATED AT
2931 NORTH FRONT STREET
HARRISBURG,PENNSYLVANIA
VIA AN UNKNOWN, DISINTERESTED PARTY OF THIS LAWSUIT:
MR. DALE FAILOR OF
109 N. LEWIS BERRY ROAD
DILLSBURG,PENNSYLVANIA 17019
ON December 8,2000 personally received by office receptionist.
SicnM'i;A<0-4 ~. V~ -.
AND ! .~, f~
DATE: ~~~--d
EXECUTORU"
Daughter
,;)~
-'. --'--.,_'"_,'o?"i'!';"",-."","" ,-,"'
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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 Batbavic
v.
IN THE COURT OF
COMMON PLEAS FOR
CUMBERLAND COUNTY,
PENNSYLVANIA
DEANNA K. COLLINS
Plaintiff
ROSEMARY DAILEY BATHA VIC,
Defendant
NO. 00 - 7949 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS OF
DEFENDANT. ROSEMARY DAILEY BATHA VIC,
TO PLAINTIFF'S TIDRD AMENDED COMPLAINT
NOW COMES, Defendant, Rosemary Dailey Bathavic ("Bathavic"), by
and through her attorneys, Peters & Wasilefski, and files Preliminary Objections to
Plaintiff's Second Amended Complaint for the following reasons:
MOTION TO STRIKE INCLUSION OF
AN ADDITIONAL PLAINTIFF AFTER THE
STATUTE OF LIMITATIONS 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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"-'-
-
-
.
,.,
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o
2. Plaintiff originally brought this action by filing a Complaint on
November 9,2000. Even the initial filing of this action was after the expiration of the
Statute of Limitations. A copy of the original Complaint is attached hereto and marked
Exhibit "A".
3. On November 16, 2000, Plaintiff filed an Amended Complaint. A
copy of the Amended Complaint, as served upon Defendant, Bathavic, is attached hereto
as Exhibit "B".
4. On December 4, 2000, Defendant, Bathavic, filed Preliminary
Objections to this first Amended Complaint.
5. On or about December 6, 2000, Plaintiff filed a Second Amended
:i
j
;:
Complaint. A copy of the Second Amended Complaint is attached hereto as Exhibit "Coo.
6. On or about December 8, 2000, Plaintiff filed a Third Amended
Complaint. A copy of the Third Amended Complaint is attached hereto as Exhibit "D"
At this time, Plaintiff, for the fust time, included in the caption, "Hilda B. Stewart,
Executrix of the Estate of George G. Stewart". Hilda B. Stewart, Executrix of the Estate
of George G. Stewart never filed an action against Defendant, Bathavic, and any
reference to Hilda B. Stewart, Executrix of the Estate of George G. Stewart as a party
plaintiff in this action should be stricken.
7. Any attempt by the Plaintiff to include an additional party plaintiff
in this action after the Statute of Limitations has run is contrary to law and the procedures
of the courts of the Commonwealth of Pennsylvania.
2
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~.
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WHEREFORE, Defendant, Bathavic, respectfully requests that any
reference to Hilda B. Stewart, Executrix of the Estate of George G. Stewart as a party
plaintiff to this matter be stricken.
DEMURRER TO CLAIMS OF DEANNA COLLINS IN
PLAINTIFF'S SECOND AMENDED COMPLAINT
8. Plaintifflacks standing and capacity to bring suit against
Defendant, Bathavic, for the death of George G. Stewart.
9. Plaintifflacks standing and capacity to bring suit against
Defendant, Bathavic, for medical negligence.
10. Plaintiffs Complaint fails to conform to law or rule of court and
includes scandalous and impertinent matter.
11. Plaintiff s Complaint is legally insufficient and must be dismissed.
WHEREFORE, Defendant, Bathavic, respectfully requests that
Plaintiff's Second Amended Complaint be dismissed.
PETERS & W ASILEFSKI
Dated: January 11,2001
3
~s
,. .~ .
<,,'
"'~'. -
. ." ,~,. '.. ,
Charles E. Wasilefski, Esquir
Attorney # 21027
2931 North Front Street
Harrisburg,PA 17110
[717} 238-7555
Attorneys for Defendant,
Rosemary Dailey Bathavic
. ". " ~
-" , ., "
~"~
o
o
CERTIFICATE OF SERVICE
This is to certify that I, Pamela J. Crurn, a Legal Assistant in the law offices
of Peters & Wasilefski, have this ,"\, day of ~'\.t'"'-' ,2001, served a true and
~
correct copy of the foregoing PRELIMINARY OBJECTIONS OF DEFENDANT,
ROSEMARY DAILEY BATHA VIC, 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
..2b
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COURT D~ COMMON PLEAS Qi! CUMBERLAND COUNTX'
1 CourthQuse Square
Carlisle.Pennsylvania 17013
Date I November 9,2000
.-
Plaintiff. DEANN~ K. CoLLINS
of 46 \'Iillo" Street
Highspire,Fenna. 170)4
vs.
OetendU\t. ROSElI'lARl' DAILEY !A1'HAVIC
of 121 Walnut Street
Carli.le,Fenna. t7013
COl\lPLA!N1' of lilEDICAL )jEGLIGENCE
which resulted in a wro~ dea~h situation.
i
ON' b;~f 01' myee1.:f ,DEANNA X, COLLINS (Plaintiff) daughter of the
Qe~eased victiom ~. George G. ste~t '
torme~ly a resident of thl Claremont Nursing and Rehab. Center located
I
at 375 Claremont Road, Carlisle,P~.1701)..........................
I
since the ESTATE of GEORGE G. STEWAA~ is pursuing a wrongful Deatn
,'"
I,awsu1 't of .1 "ts own.......... JI . . . . . . . . . . . . . .. , . . .. . . . . , .. .. . . . . . . . . . . . .-
~.:!
I Individually am suing the aboven~eQ Li~ens,d Practical Nurse
ROSEMARY nAlLEY BA~.VIC tor her SPECIPIC and XNOxiIDUAL actions Df
NBgLICENCE....,.....which reeul~ed in t~e unt~mely death of my fathe~
Mr. GXORGE O. S'l'EWART.
.
c'
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I address this eo~t to p1esee take immediate action on this law.u1t
proceeding's-r~e the less 0' this indiVidual has resulted in personal
and finanoial losses.
I IEA..NNA K. COLLINS requlfs-t proper and juet financial set'tlemen"ts i.n the
'f~!Il0'UZltW_ since thia person waS tg l.ive wl1:1'1 me at lIlY resilience
and be removed from the nursing home above mentiDned via a Certified
,
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You have been s\1Cd in court. If you wish TO defend agalllst me cltlims Set faIth In tbe'-'., -.;, .,
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follow:lng pa~e.~, yeu must !ak.: action within twenty (20) days after aDs complaint and notice are
served, by enrering a writter appearance petSonally or by attorney and tiling in writing wilh the
coW'( your defenses or objebtions to the claims set forth ~st you. YOll are warned that if yeu
fail to do so the case n.ay +~eed wil:hom you and a judgmel1t may be entered against you by the
court withOUt further notice, for lIiIY money claimed in the colIl.Plaint or for any other clahn or relief
I
requll$ted by the plaintiff. r au may lose molley or property or olber rishl:s imponant to you,
1
YOU SHOULD TAfE THIS PAPER TO YOUR LA W\'1m AT ONCE. D yOU DO
NOT HA VI! A LA WYE~ OR CANNOT AfFORD ONE, GO TO OR TELEPHONE THE
,
OFFICE 8&T FORTH BELOW TO FIND om WHERE YOU CAN GET LEGAL I!ELP.
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CtlMBElU.AND COUNTY BAR ASSOCIATION
'--." 2LIBI!RTY AVENUE
CAWSLE,l'ENNSYLVAl'lIA 17013
I T.E1.EPHO.NEi: 117.249-3166
AME,ICANS WlTHDISABILmES ACT OF UllO
!'fe Caul:! of CClllm'f Pleas of CUtllh=rland County a required. by law to comply with the
Americalls with Disabilitles Ac:t of 1990, For information about accessible fa~ities and
r~abl., 8Ci;omodatiolls li~ailable 10 disabled individuaJs having business befoUl the coUJt, please
con~~.~~~,~~ce. All a+llgemenlS must be made al1easl72 hours prior to allY hearing Or
....~~.~~.~~ ~.!~Urt. 'U mIlS! attend 'the scheduled conference, or hearing. .
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COURl' or COMMON :PLEAS of' CUMBERLMfD COtrNT'!
1 Courthouse Square
Carlisle.Pennsylvania'1701)
- "
,
('
Da~e, November 9.2000
Plain~irf. DEANNA K. COLLINS
at 46 Willaw'S~~eet
vs
Defendant. ROSEMARY DA!LEY IlATHAVrC
Qr 121 Wa.ln~i; Sn-eat
H.l.gb.apire,Pet1ll.a. 170:;/r Carlisle ,Penna. 17013
ItPle..Jd COMP LAIN'!..2! lIlEDIC.AL NEGLI GENCE U): th of{'(~ I;; I ,r{" r Fi4", 7j f:~%'::7) An'JW'
whio~ ~es~~e~ in a wrongrul death situa~ion.
ON bebalE or mYBel~,DEANNA ~. a~XNS(Plain~i~r) da~ter o~ ~e
deceased vici;iom
Mr. aeorge G. S"tewan
formerly a resident or the Clare~ont Nurs1ng and Rehab. Cen~er located
...
at J?5 Cl~emQnt Road. Carl1s1e.Penna.1701J..............:...........
, ,
sin<le the BS'l'A!l'E o:f GEORq:s G. S~ART is pursu~ a Wrongful Death
I
IA1.w8ul t of' i "ts CW%1... ~. . '" ~ _.... ... 11 .." . " .. " . f' . II " . . '" '* . " .. '" '" . .. III . .. .. ..... y . . 11 . . . I
\ .
Z Ind1vidQally am suing ~e a~ave named Lioensed Practical NU~Be
. ....'~ \
ROSE14A.RY !MILEY :!lA7'H4VIC fC'l%' her SPECIFIC and INDIVIDUAL a.ctions or
NiBLIGENCE..........Wnich\reaulted in the un~i~ely <1ea$h or my ra~her
M\". G:EORCE G I S-rEW,ART. \
f add:ree~ this 0=1: 1:0 pl.ea.se 1;eJce i=e<1ia"te ae'tion on 'this lawsuit
, \
proceeding since the loss \o~ this individual has resulted 1n personal
and tinancial lesses. \
t liSAl'INA 11:. COLLINS req\,\1rst pro1>"'''' and jus1: t'inancial set1:lements in ~he
;Olm.'f;~ s:i.nee this ,e%'"son was 1:;0 :tive w11*1 Ille a.'t 11IY residence
~<i be removal!. ftolll 'the nu:r-fi:l.g hellne above lD",ntioned ..". - -
( - ,
,'tter 'to 1:hie~ll.i:tv. n~- \
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VS.
* IN THE' COURT ~COr~~ON PLEAS
* FOR CmMBERLAN~OUNTY,PENNSYLVANIA
*
* NO: 00-7949 'civil Term
*
* CIVIL ACTION-LAW
*
* JURY TRIAL DEr~DED
*
* AMENDED COMPLAINT OF MEDICAL NEGLIGENCE
* AND WRONGFUL DEATH
D3ANNA K. COLLINS-Pl~tiff
(Trustee ad litem fo~he
SSTATE OF GEORGE G. STEWART
, .
ROSEY~RY DAILEY BATHAVIC
Defendant
I,DEM~NA K. COLLINS,Acting as Trustee ad litem for the ESTATE OF
GEORGE G. STEWART, Requests this Court to accept this A~mNDED COr~LAINT.
On Behalf of myself and all the beneficiaries of said Estate whom I legally
repres~'nt and initially failed to menti.on,
Acting individually as said Trustee ad litem-Plaintiff. I charge
ROSE~~RY DAILEY BATHAVIC with a Complaint of: (1) MEDICAL NEGLIGENCE
(2) WRONGFUL DEATH ACTION
The ESTATE OF GEORGE G. STEWART alleges char~ of Medical Negligence
against Ms. Bathavic which contrmbuted to a wrongfu~ dea~a .situation
as follows :
1. At 11.15p.m. November 7.1998 George G. Stewart,resident of Claremont
Nursing and Rehabilitation Center,was found in the following medical
condi tion: UNRESPOHSIVE,I'IlOUTH-BREATHInG. MS. Bathavic was the Licensed
Practical Nurse-(Charge Nurse) for D-WING. She FAILED TO TAKE PROPER
VITAL SIGNS IvThlliDIATELY......FAILED TO NOTIFY Registered Nurse(RN) Shift
Supervisor of a declining health status. .
2. 11'30p.m. November7.1998 George G. Stewart was found as follows:
"TPR 101,9(rectal Temp.) ,Apical pulse 122, Respirations-44, loose
,\
Non-productive cough.Hands and feet cold, UNABLE TO OBTAIN BLOOD PRESSURE"
ROSEI'I~RY DAILEY BATHAVIC FAILED TO: (1) Notify RN Shift Supervisor of
significant decline in Health Status(2)Notify Hilda Stewart(wife) of
lf~. Stewart's declining medical condition(j)To Provide Immediate CPR for
Resuscitation Purposes (4) To Call 911 for Ambulance
3. ROSEMARY DAILEY BATHAVIC FAILED TO Provide any major medical actions
to assist Btt. Stewart who was in a comatose condition without an
I,
"AUDIBLE BLOOD PRESSURE.
C / l
,
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*
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(Cont'd.)
3, (1f Ms. Bathavic
o
FAILED to Provide Immediate
o
CPR for Resuscitation
-1":,"
Purposes for iVIr. Stewart
3,~) FAILED to Call 911 for Ambulance
At 12am. November8,1998 Mr. Stewart was still found to be slow to respond,
.
Nailbeds of fingers and feet cyanotic and cold. St~ll Ms. Bathavic
FAILED to Provide any Rescue measure to aid iVIr. stewart.
This was an ACT OF OMMISSION TO PROVIDE ADEQUATE IvrEDICAL CARE TO A
DEPENDENT PERSON,r~. Stewart, who was in the stages of COlf~.
4. Ms. Bathavic is charged with BREACH OF DUTY BY HER FAILURE TO PERFORM
those services expected and required of a Licensed Practical Nurse.
~s, Bathavic FAILED to give adequate Nursing care for aproximately
1 Hour and 15 minutes according to Claremont Nursing and Rehabilitation
Center's Nursing Notes....,.where Rosemary Dailey Bathavic was the
l1pm to 7am Night Shift Charge Nurse on D-WING for the night of November
7,1998 thru November8,1998 where George G. stewart was a resident of her
duty. Mr. Stewart lay 1 Hour and 15 minutes with"NO AUDIBLE BLOOD PRESSURE"
before the RN(Registered Nurse) Shift Supervisor evaluated his condition
aproximately 12:30am 11/8/1998 to 12:45am 11/8/1998 at which time an
ambulance was called to transport this resident to Carlisle Hospital .~er_
Hilda Stewart(wife) reques~, at aproximately lam. 11/8/1998.
5. Mr. Stewart lay from the time he was fOIDld 11:15pm. 11/7/1998 until
1:15am 11/8/1998 when the ambulance arrived at Claremont faciltiy to transfer
him to the hospital. This was a 2 Hour delay for any rescue measure to
save
Iilr. Stewart who lay for 2Hours with "NO AUDIBLE BLOOD PRESSURE."
in itself)i finding of GROSS ~lliDICAL NEGLIGENCE.
This
It is alleged that the specific ACTS OF OMISSION mentioned above by
ROSE1~RY DAILEY BATHAVIC was a BREACH OF DUTY. These were ACTS OF
1lliDICAL NEGLIGENCE which is alleged to have caused a 1 Hour and 15 minute
delay to provide any rescue measure to save r~. Stewart, therefore
causing SEVERE, IRREVERSIBLE BODY SYSTEiVl DAI'~GES to prevent any future
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attempts to save the life of ~tr. George G. stewart impossible. His body
was damaged too greatly to reverse the damages caused by his laying
1 Hour and 15 minutes before his evaluation by the RN Shift Supervisor
at 12:30am1Y8/1998 to aproximately 12:45AM 11/8/1998 un til the ambulance
arrived at Claremont at 1:15am 11/8/1998. The total time delay of
aproxima tely 2 Hours in a si tua tion of I:Jr. Stewart being with "NO
AUDIBLE BLOOD PRESSURE."
It is alleged by the Plaintiff of this case that Mr. Stewart's Death
was caused by the Medical Negligence of Rosemary Dailey Bathavic who
left this man lay 1 Hour and 15 minutes with "NO AUDIBLE BLOOD PRESSURE."
This was a BREACH OF DUTY......~lliDICAL NEGLIGENCE........ a CONTRIBUTING
~~JOR FACTOR that caused the untimely DEATH OF GEORGE G. STEWART on
November 9,1998. The Defendant,Rosemary Dailey Bathavic is accused of
ACTS OF O~rr~ISSION to give adequate emergency care to this man therefore
causing the following body system failuresto become irreversible to
the extent that any life-saving measures became impossible:
1. Respiratory System Failure 2. Cardiac System Failure- found to have
Atrial-Ventral Fibrillation problem
3. Renal System Failure 4.Irreversible Coma Condition
with dehydration
i 5. Right lower lobe Pneumonia
It is alleged that George G. Stewart was left lay too long with
"NO AUDIBLE BLOOD PRESSURE" therefore causing the conditions which made
the pneumonia overwhelming and untreatable U&pon his admission to
the Carlisle Hospital Emergency Room 11/8/1998 at aproximately 2:20am.
The Defendant,Rosemary Dailey Bathavic is accused of the Death of
George G. Stewart by Acts of Ommission.......her specific actions of
"LETTING GO" of l'itr. Stewart with the training and knowledge to realize
her actions would cause death. Death was a specific Consequence of her
(3) ..27
,.."'- -~
.,
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(Cgnt' d.)
o
o
Liedical Ne;ligence. Perhaps "Attempted Negligent Homicide" would be the more
adequate term to define the BREACH OF DUTY of ROSEmARY DAILEY BATHAVIC who
was the D-aING Charge Nurse at Claremont Nursing and Rehabilitation Center
the night of November 7,1998 llpm until 7am November 8,1992. ~ile
~eorge G. stewart was a resident of this faciltiy.
These are the allegations of the Plaintiff for this @~~~ against
defendant,Rosemary Dailey Bathavic.
Therefore, the ESTATE OF GEORGEG. STEWART VIA Plaintiff DEANNA K, COLLINS,
PRAYS for a Judge~ent in the amount of $ 85000 for the DEATH of
)rr. Stewart. The Pain-Suffering,Personal and Financial losses due to the
untimely death of urr. Stewart are great. Inspite of his age ~~. stewart
was mentally oriented to perform musical compositions which were to be
recorded by his daughter via a recent Independent recording contract
This in itself was a significant financial loss to the value of the
Estate. 1k. Stewart has many completed compositions ,and some incomplete
compositions ~~set to arrangement recorded in the Library of Congress
and copYDFghted.The loss of companionship and financial creativity of this
pleasant gentleman are great. Therefore, inspite of his age of 82, 1rr.
Stewart was a very productive citizen ,a "ROC1cing Chair Cowboy.....
another Social Security Ace!". The Estate Prays for judgement of
$ 85000 which we feelois not unreasonable, against ROSE1~RY DAILY BATHAVIC,
FOR HER Medical Negligence and Wrongful Death Actions.
~ )4 ~-A O.
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S~gned: I VJI~?..IJ-.:r..riLf&<1'A - / ~u.cf ~-+',., IA ~
Date: f) e-fJNNA- /< CcJUI/}<;; ct EST/1r~etJl2(:;c 6' S7Fa/1fi
d. )
~I
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by: Deanna K. collins<=>
..46 ':Iillow street
-Highspire,Penn2.. ;L7034
o
VS.
IN THE COURT OF CQlIIUON PLSAS FO
CU),IBERLAND COUNTY,
-'PENI'{S YL V AI{ IA
NO: 00-7081 Civil Term
CIVIL ACTION-LAVl
D:2:AIINA K. COLLINS-Plaintiff In Pro.per
Trustee ad litem for the ZSTATE OF
GEORGE G. STEWART
CLAREmONT NURSING AIm REHABILITATION CENTER
Defendant
SUL~ONS IN A CIVIL LAWSUIT
I,DEANNA K. COLLINS,Plaintiff Trustee ad litem fmr the ESTATE OF
GEORGi: G. STEWAI{T SERVE UPON CLARELlONT NURSING AIID REHABILITATION CENTER~S
2. ttornev Cj[ARLES i:. WASlLEFSKI
C1\)" j1iq;M North Pront Street
Harrisburg,Penna. 17110
a COPY(Certified) of the recently A~lliNDED CO!@LAINT for this case
and a SU:,];,:ONS.
Your Client,ROSEj~RY DAILEY BATHAVIC, Is being sued in Court for
the MEDICAL ['{EGLIGZNCE At'lD VmONGJ:<'UL DEATH ACTIONS
BY THE Plaintiff for
T .-?'5 () (J (J
the ESTATE OF GEORGE G. STEWART in the amount of
for Judgement in this case.
Y~ur response to this action is requested by
the Court within ~~)
submi tting a.."l ANSVlErt to
. D~uQLSe,r:\1"~ce_<?L.ti1i:Ef letter accompanyinG
,- -----..-- ..
A:/ill!iDED COhil':;:'ADlT.@d__SULTf,;ori-S ,and sending a copy of your answer to
t:1e
'i
:'1
the Plaintiff In Pro Per: DEAFNA. K. COLLINS
46 Willow street
_ Highspire,Pel~"la. 17034
~ /,.7f /'./'7 '- .
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(O(S;/ee. cui kRI71 4, 7/u.- Es7?)/~ (rl
(fE{};2f;1-' 6, S7l:-tUl,1l-iT
Date: l)r!y~~ ~ _;Z~
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TRUE COpy FRO" RECORD
In TestJrnony,:Whef80f,'hereUntoSltli!rbaoo
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DEANrH K. COLLINS-fM1-nt~:f:f:S- III *' IN THE COUR~ COMi,10N PLEAS
t'!)'!-/..(3Aj~) . ?f'.,' f(Jl~ ". FOR CIlfMBERri~ COUNTY. PENNSYLVANIA
;hr!.EZTA.'rZ OF GEORGE"'G. ST~If{ART 'ii-
* NO: 00-7949 Civil Term
VS.
*
* CIVIL ACTION-LAW
ROSE~~RY DAILEY BATHAVIC
Defendant
*
* JURY TRIAL DEr~~DED
*
-"1l1 / .' ,.,r' / ~- () (:-J .) -:,.{L .,
I -" ." ~; / ~(/j::(~11;~'1~/,,- c)_ ,~._:-.\(.l'-" :::.>
-, .
, ,
I,DEAMA K. COLLIl<iSfl/lrI!.4fL<;r&wltKTktx:..:aIPY for the
* ' AMENDED COMPLAINT OF MEDICAL NEGLIGENCE
* aND WRONGFUL DEA~h
ESTATE
OF
GEORGE G. STE'ilART, Requests this Court to accept this AMENDED COlilPJ"AINT.
On Behalf of myself and all the beneficiaries of said Estate whom I legally
represent ..
Acting J<9~;"-r l"j ~.J eMf/(.. fH.....I-i1 I~, c j~ 12...,..Plaintif~ I charge
ROSE~~RY DAILEY BATHAVIC with a Complaint of: (1) ~illDICALNEGLIGENCE
(2) WRONGFUL DEATH ACTION
The ESTATE OF GEORGE G. STEWART alleges charges of Medical Negligence
against Ms. Bathavic which contriilbuted to a wron.g:f1!l. deat):} .;3i tual,Jol}
as follows :
1. At 11:15p.m. November 7,1998 George G. Stewart,resident of Claremont
Nursing and Rehabilitation Center,was found in the following medical
condi tion: UNRZSPONSIV'.c:,I>lOUTH-BREATHIHG. l\'lS. Bathavic was the Licensed
Frac tical Nurse- (Cllarge Nurse) for D-\'iIliG. She FAILED TO TAKE PROPER
VITAL SIGNS Iri,MEDIATELY..... .FAILZD TO NOTIFY Registered Nurse (RN) Shift
Supervisor of a declining health status.
2. 11:JOp.m. November7,1998 George G. Stewart was found as follows:
"TPR 101, 9(rectal Temp.) ,Apical pulse 122, Respirations-44, loose
~ -r
Non-productive cough,Hands and feet cold, UNABLE TO OBTAIN BLOOD PRESSURE
7l0SE~~RY DAILEY BATHAVIC FAILED TO: (1) Notify RN Shift Supervisor of
significant decline in Health Status(2)Notify Hilda Stewart(wife) of
"ir. Stewart's declining medical condi tion(J)To Provide Immediate CPR for
Resuscitation Purposes (4) To Call 911 for Ambulance
3. ROSElf~RY DAILEY BATHAVIC FAILED TO Provide any major medical actions
to assist 1rr. Stewart who was in a cOmatose condition without an
--
"AUDIBLE BLOOD PRESSURE.
(, )
.LJI
(Cont'd.)
~ (J) ~s. Bathavic FAI~ to Provide Immediate cPRc:lr Resuscitation
.7r
Purposes for rnr. Stewart
3. ~) FAILED to Call 911 for Ambulance
At 12am. November8,1998 O~. Stewart was still found to be slow to respond,
liailbeds of fingers and feet cyanotic and cold. St~ll )',1s. Bathavic
FAILE~ to Provide any Rescue measure to aid ~tr. Stewart.
'i'his was an ACT OF OII];'.1ISSIOH TO PROVIDE ADEQUATE I,EDICAL CARE TO A
DEPENDENT PERSON,~tr. Stewart, who was in the stages of COY~.
4. Ms. Bathavic is charged with BREACH OF DUTY BY HER FAIlURE TO PERFORM
those services expected and required of a Licensed Practical Nurse.
;',ls, Bathavic FAILED to give adequate Hursing care for aproximately
1 Hour and 15 minuteE according to Claremont Nursing and Rehabilitation
Center's Nursing Notes......where Rosemary Dailey Bathavic was the
llpm to 7am Night Shift Charge Nurse on D-WING for the night of NOvember
7.1998 thru November8.1998 where George G. Stewart was a resident of her
duty. "~. Stewart lay 1 riour and 15 minutes with"NO AUDIBLE BLOOD PRESSURE"
before the RN(Registered Nurse) Shift Supervisor evaluated his condition
aproximately 12:30am 11/8/1998 to 12:45am 11/8/1998 at whicD time an
ambulance was called to transport this resident to Carlisle Hospital .~er:-
Hilda Stewart(wife) reques~, at aproximately lam. 11/8/1998.
5. ~tr. Stewart lay from the time he was fOIDld 11:15pm. 11/7/1998 until
1:15am 11/8/1998 when the ambulance arrived at Claremont faciltiy to transfer
him to the hospital. This was a 2 Hour delay for any rescue measure to
save I.tr. Stewart who lay for 2Hours with "NO AUDIBLE BLOOD PRESSURE."
'IS
This in itself~a finding of GROSS ~ffiDICAL NEGLIGENCE.
It is alleged that the specific ACTS OF omSSIorl mentioned above by
ROSE"~RY DAILEY BATHAVIC was a BREACH OF DUTY. These were ACTS OF
;,iEDICAL NEGLIGENCE wl1ich is alleged to have caused a 1 Hour and 15 minute
delay to provide any rescue measure to save r~. Stewart. therefore
,
causIng SEVERE. IRREVERSIBLE BODY SYSTEM DAlv~GES to prevent any future
( J- ) J; J....
:,,-~
> ~- .~
,
. .
Ii
~
'.-"
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attempts to save the' life of ~tr. George G. Stewart impossible. His body
was damaged too greatly to reverse the damages caused by his laying
1 Hour and 15 minutes before his evaluation by the HN Shift Supervisor
at 12:30amlY8/1998 to aproximately 12:45AM 11/8/1998 un til the ambulance
arrived at Claremont at 1:15am 11/8/1998. The total time delay of
aproximately 2 Hours in a situation of hir. Stewart being with "NO
AUDIBLE BLOOD PRESSURE."
It is alleged by the Plaintiff of this case that Mr. Stewart's Death
was caused by the Medical Negligence of Rosemary Dailey Bathavic who
left this man lay 1 Hour and 15 minutes with "NO AUDIBLE BLOOD PRESSURE."
This was a BREACH OF DUTy...... f:IEDICAL NEGLIGENCE........ a COWi'RIBUTING
llAJOR FACTOR that caused the untimely DEATH OF GEORGE G. STEilAHT on
November 9,1998. The Defendant,Rosemary Dailey Bathavic is accused of
ACTS OF Oi,1iHSSION to give adequate emergency care to this man therefore
causing the following body system failuresto become irreversible to
the extent that ~1Y life-saving measures became impossible:
1. Respiratory System Failure 2. Cardiac System Failure- found to have
Atrial-Ventral Fibrillation problem
3. Renal System Failure 4.Irreversible Coma Condition
with dehydration
5. Right lower lobe Pneumonia
It is alleged that George G. Stewart was left lay too long with
"NO AUDIBLE BLOOD PRESSURE" therefore causing the conditions which made
the pneumonia overwhelming and untreatable ~on his admission to
the Carlisle Hospital Emergency Room 11/8/1998 at aproximately 2:20am.
The Defendant , Rosemary Dailey Bathavic is accused of the Death of
George G. Stewart by Acts of Ommission.......her specific actions of
"LETTING GO" of filr. Stewart with the training and knowledge to realize
her actions would cause death. Death was a specific Consequence of her
(5)
lyJ
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(Cant' d.)
o
o
;,.edical ;:e:;lizence, Perhaps "Attempted l\egligent Honicide" would be the more
adequate term to define the BREACH OF DUTY of ROSE~~RY DAILEY BATHAVIC who
was the D-,;ING Charge r;urse at Claremont Nursing and Rehabilitation Center
the night of Novef:lber 7,1998 llpm until 7am November 8,1998. 'lM\ile
~eorge G. Stewart was a resident of this faciltiy.
1hese are the allegations of the Plaintiff for this @~9~ against
defendant,Rosemary Dailey Bathavic.
..,..
" D S>" f xr:C
1J1/d,4-/)> ([W.4RJ~ 'rrlf:
Plaintif:(5 DEANNA"t, COLLINS,
(4 <l.L' 1)c.C e.)
for the DEATH of . .
Therefore, the ESTATE OF GEORGE G. STEWART VIA
PRAYS for a Judge~ent in the amount of $ 85000
;:Jr. Stewart. The Pain-Suffering,Personal and Financial losses due to the
untimely death of r,tr. Stewart are great. Inspite of his age 1tr. stewart
flas mentally oriented to perform musical compositions which were to be
recorded by his daughter via a recent Independent recording contract
This in itself was a significm,t financial loss to the value of the
Estate. ttr. Stewart has many completed compositions and some incomplete
J compositions ~~set to arrangef:lent recorded in the Library of Congress
,
;j
'1 and copyvt;hted.The loss of companionship and financmal cr~tivity of this
i
,;
,I pleasant gentleman are great. Therefore, inspite of his age of 82, 1tr.
Stewart was a very productive citizen ,a "ROC::king Chair Cowboy.....
another Social Security Acel". The Estate Prays for judgement of
$ 85000 which we feel is not unreasonable, against ROSEL~RY DAILY BATHAVIC,
Signed:
FOR HER Medical Negligence and Wrongful Death Action;. cjJ(}! A- .~ 5;1t, i.C' ['\ Ii]
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by; ~ealli~a K. COllinsC:)
y,:; 46 ,1illo\'1 Street
11i:;hspire ,Penna. -170 JL,
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IIi THE COURT OF Co:.:lc1Oj\: FEAS FO
Cm,BERLAIiD COUI';'l'Y,
PEi-iNS YL V AI: IA
liS: O~-~ ~i ,:,i~ Term
vIVI.L A3T1'or,-LA"
_ jJ~Al;Wl K.";'OT,LINS,-Plaintiff$"In pro.Per
/;/JirI5S*<<-J4f'...(-~h".ti:for the ~3TA'I'E OF
~.20i{G.2 G. ST.2~I:A.2T
VS.
k,<JJ&-<<J4f<..Y' DIr-/L.t-~ BMMIt- \/1 G
SUl.rr,IONS II: A CIVIL LAoI2UIT
I
~il ci/a I:) YD"9~r-&'(EC ,{(f!/l
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y I,DEPJ';Nj~K. COLLn;S,Plaintif~~.P,lUJctL.Q2~flbr the ESTATE OF
, t df.L"'-j hr e ,eJ
GEOi1Gl2: G. STl2:WAHT SERVE UPON CLAREr,101fT NURSIlIG AND R~'iABILITATION CEI';TER~S
a ttornev CirARLES E. WASILEFSKI
c1~' ?~~ North Front Street
Harrisburg,Penna. 17110
a COpy (Certified) of the recently A;cISIiDED CO;,PLAINT for this case
and a SU::':',:ONS.
Your Client,ROSE~~RY DAILEY BATHAVIC, Is being sued in Court for
the i.I2DICAl KEGLIGENCE AND ,/RONGFU:::' DEATH ACTIOHS
BY TiE Flaintiff for
TgS () fl (J
the .2STATE OF G:COnGE G. STEWAF:T in the a!nount of
for Jud~e~ent in this case.
Y0ur response to this action is requested by
the Court wi thin ,";;:,_1)
submi tting a.n Al-;S\IER to
Da;L?'uQJ Service of this letter -accompanyinG
. - . .-.'-:-:-~'::-:-:-...-.--,
t:1e A:,'~,,!2':1Q_C_OJ,jp::':'\:ljlT ._@.ci_SUf,;;.iOli-S ,and sending a copy of your answer to
the Plaintiff In Pro Per:
c:/a
DEAEiIA K. COLLU:S
46 Willow Street
Highspire ,Penna. .17034
Sighed.
bEHN/W/t 1{: '/)0s-
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Date:~~i,2(H''tJ.,
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TRUE copy FROM RECORD .,
In TestimonY'WIterIO!.' 1lerf1illtO....ny hafiCl
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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
~ Argument Court
----------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
DEANNA K. COLLINS
(plaintiff)
vs.
ROSEMARY DAILEY BATHAVIC
, (Defendant)
vs.
,
No. ,7Q4Q
Civil
7000
llllx.xx-
I. State matter to be argued (i. e., plaintiffs motion for new trial,
defendant's demurrer to complaint, etc.):
Preliminary Objections of Defendant, Rosemary Dailey Bathavic to Plaintiff's
Third Amended Complaint
2. Identify counsel who will argue case:
(a) for plaintiff:
Deanna K, Collins, 46 Willow Street, Highspire, PA 17034
(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 )
Dated: January 11, 2001
cJj7
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.
DEANNA K. COLLINS-~STEE Ad litem
for the ESTATE of GEORGE G. STEWART
Plaintiff
V"
" .
ROSEMARY DAILEY B~THAVIC
Defendant
Date: January 22,2001
O!.-';U..-Ol
IN TH~URT OF COMMON PLEAS of
CUMBERLAND COUNTY,PENNSYLVANIA
(
)
(
)
(
) AMENDED COMPLAII\T OF
( .. ~iCAL NEGLIGENCE
) WRONGFUL DEATH
(
)
NO: 00-7949 Civil Term
CIVIL ACTION-LAW
AND
**DEiVIAND JURY TRIAL
I,O!ANNA K. COLLINS,appointed TRUSTEE Ad litem for the ESTATE of
GEORGE G. STEWART......REQUESTS this Court to accept this recently
AiVIENDED COMPLAINT of (1) Medical Negligence and (2) Wrongful Death.
This ESTATE OF GEORGE G. STEWART...Whose PLAINTIFF is DEANNA K. COLLINS,
charges allegations of (1) Medical Negligence and (2) Wrongful Death
against Defendant,ROSEiVIARY DAILEY BATHAVIC. The Estate alleges that
Specific Negligent Actions of Ms. Bathavic contributed to the
Wrongful Death Action situation as follows:
1. At 11:15pm November 7,1998- George G. Stewart,resident of Claremont
Nursing and Rehabilitation Center,Carlise,Pennsylvania,was found in the
following medical condition: UNRESPONSIVE-Mouth Breathing.
Ms. Bathavic was the licensed Practical Nurse(Charge Nurse) for D- Wing.
It is documented that she failed to
immediately........failed to Notify
take complete,proper
the Regist~Nurse
vital signs
Shift
Supervisor(RN)
immediately of the decline in health status of Mr. Stewart.
2. 11:30pm November 7,1998_ George G. Stewart was found as follows:
"TPR 101.9(Rectal Temp.) AP(Apical Pulse) 122, R(Respirations) 44, loose
Non-productive cough,hands and feet cold. UNABLE TO OBTAIN BLOOD PRESSURE."
ROSEiVIARY DAILEY BATHAVIC failed to:(l) Notify RN Shift Supervisor of the
significant decline in health status of MR. Stewart.(2) Notify(wife)
Hilda B. Stewart (3) To Provide Immediate,proper CPR(Cardio-Pulmonary
Resuscitation) efforts for Mr. Stewart. (4) To call 911 for an Ambulance.
'-UJ!I ,,_~_<
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1J. ROSEiVIARY DAILEyOTHAVIC FAILED TO PROVIDE Oy iVIAJOR NURSING ACTIONS
to assist George G. Stewart, who was in a comatose condition without an
Audible Blood Pressure. The Estate alleges Ms. Bathavic failed to perform
her Nursing obligations to give proper. adequate care for this dependent
person on the evening of November 7.1998 .<<..:..tb 1Z4v, f;" / '1'1 fj .
This is a Specific Breach of Duty: Willful neglect of a care-dependent
person-causing serious bodily injury.....is a crime in Pennsylvania.
At 12am November8.19geMr. Stewart was still found to be slow to respond.
Nailbeds of fingers and feet were Cyanotic and Cold. Still. Ms. Bathavic
failed to Provide any Major Rescue Nursing Measures to aid Mr. Stewart.
tt;~e Estate Alleges ROSEMARY DAILEY EATHAVIC BREACHED her Nursing
DUTY by ~pec1fic ACTS of OMMISSION to perform Proper.Adequate
Nursing Interventions necessary to give immediate rescue measures to
aid George G. stewart. Ms. Bathavic failed to perform those nursing
actions necessary and required of a liicensed practical acting as the
charge nurse on D-Wing November7&8,1998..breaching and falling be~Gw
nursing duty norm standard required of such a licensed practical nurse.
It is documented Ms. Bathavic failed to give adequate nursing care for
aprox. lHour and 15 minutes".. "while Mr. Stewart lay with "NO
AUDIBLE BLOOD PRESSURE." before the Night(l1pm to 7am) Shift Supervisor
RN came to evaluate ~~. Stewart's health status. at aprox. 12:30 am
November 8.1998......It is noted both the Registered Nurse(Shift Supervisor)
and IVls. Bathavic acted improperly for it is documented Hilda B. Stewar_t
(,.rife) Requested George G. Stewart be sent to the Hopsital via ambulance.
b" ~eorge G. Ste~:~l~; fro~~~- time he~:a:-~f~~~-d i~i~allY at 11 ::~-p:-
November 7.1998 until 1:15am November 8.1998 when the ambulance initally
arrived at this Nursing home facility to transport lf~. Stewart to the
hospi tal. 1'his is a total time of aprox. 2 HOURS with "NO AUDIBLE
BLOOD PRESSURE". This in itslef is a gross act of medical negligence for
any Nursing staff.
It is all edged that Specific Acts of OMMISSION by Ms. Bathavic mentioned
previously were BREACHES OF DUTY as a licensed practical nurse. These
were acts of medical negligence which is all edged to have caused an
lHOUR and 15 minute delay in necessary nursing rescue measures for
Mr. Stewart, therefore, causing serieus"c bOdily.: injury. . . . . . . . . . . . . . .
SEVERE. IRREVERSIBLE BODY SYSTEM DAlVIAGES to prevent any future (con'td)
(~ )
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attempts to save the life of &tt. George G. Stewart impossible. His body
was damaged too greatly to reverse the damages caused by his laying
1 Hour and 15 minutes before his evaluation by the RN Shift Supervisor
at 12:30am1VS/1998 to aproximately 12:45AM 11/8/1998 un til the ambulance
arrived at Claremont at 1:15am 11/8/1'0'98. The total time delay of
aproximately 2 Hours in a situation of Hr. Stewart being with "NO
AUDIBLE BLOOD PRESSURE."
It is alleged by the Plaintiff of this case that Mr. Stewart's Death
was caused by the Medical Negligence of Rosemary Dailey Bathavic who
left this man lay 1 Hour and 15 minutes with "NO AUDIBLE BLOOD PRESSURE."
This was a BREACH OF DUTY. . . . . . j:IEDI CAL NEGLIGENCE........ a COIITRIBUTING
I'lAJOR FACTOR that caused the ll.'1timely DEATH OF GEORGE G. STE'rfART on
IIovember 9.1998. 'rhe Defendant,Rosemary Dailey Bathavic is accused of
ACTS OF OI,1iUSSION to give adequate emergency care to this man therefore
causing the following body system failuresto become irreversible to
the extent that ffi1Y life-saving measures became impossible:
1. Respiratory System Failure 2. Cardiac System Failure- found to have
Atrial-Ventral Fibrillation problem
3. Renal System Failure
I'Ii th dehydration
5. Right lower lobe Pneumonia
It is alleged that George G. Stewart was left lay too long with
4.Irreversible Coma Condition
"NO AUDIBLE BLOOD PRESSURE" therefore causing the conditions which made
the pneumonia overwhelming and untreatable uapon his admission to
the Carlisle Hospital Emergency Room 11/8/1998 at aproximately 2:20am.
The Defendant,Rosemary Dailey Bathavic is accused of the Death of
George G. Stewart by Acts of Ommission.......her specific actions of
"LETTING GO" of rlU'. Stewart with the training and knowledge to realize
her actions would cause death. Death was a specific Consequence of her
( 3)
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,_'or
,
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~cont'd.) O. r\
Medical Negligence. Perhaps "Attempted Neglig~ Homicide" would have
been a more adequate term to define the Breach of Duty of Rosemary
Dailey Bathavic on November 7&8,1998,while George G. Stewart was a
resident of Claremont Nursing and Rehabilitation Center.
These are the allegations of the Plaintiff for the ESTATE of
George G. Stewart against Rosemary Dailey Bathavic....with due
respect and input by the other beneficiaries of this said estate.
Therefore, the ESTATE OF GEORGE G. STEWART ALLEGES THE iVIEDICAL
NEGLIGENCE by defendant ROSEMARY DAILEY BATHAVIC WAS THE ~IW'NURSING
CAUSATIVE ACTION LEADING TO THE ALLEDGED CHARGES FOR THE
WRONGFUL DEATH ACTION AGAINST HER.
THEREFORE, the ESTATE OF GEORGE G. STEWART PRAYS for a Judgement in the
amount of t (35 t!I-&O for the WRONGFUL DEATH of GEORGE G. STEWART.
,
The pain-suffering,personal and financial losses due to the
ut~mely death of ~ffi. STEWART are great. Inspite of his age,Mr. Stewart
was mentally oriented enough to perform musical compositions which were
to be professionally recorded by his dau~hter,Ms. Collins via an
indepndent Recording Contract. This in itself was a significant
financial loss to the value of the Estate. Mr. Stewart has many
completed compositions and many in-complete compositions(unset to
needed " musical accompany arransements) which are recorded in the
U.$. Library of Congress-Copyrighted. The loss of co~nionship and
financial creativity of this pleasant,elderly sentle~are great.Therefonej
inspite of his age,~tewart was a very productive citizen, a
"Rocking-chair Cowboy....Another Social Security Acel"
The Estate,therefore,feels the judge~ of 1> 85. {J-OO is very
reasonable and just against defendant,~O~DAILY BATHAVIC FOR
HER alled~ed BREACH OF NURSING DUTY....~CAL NEGLIGENCE AND
the ailedged Cause for the WRONGFUL DEATH ACTION AGAINST HER.
Sign.:'-~(J~Al(' (J~ ('fRUSTEE Ad lit." for tho
. lamhff ESTATE OF GEORGE G. STEWART)
Da te :14tkM-j ,2~ ...2 {f(} /
If-.
.sf
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. .
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.
="",.~-- " ~
VS.
ROSEMARY DAILEY BATHAVIC
Defendant
( IN THEC:>URT OF COMMON PLEAS OF
) CUMBERLAND COUNTY,PENNSYLVANIA
( NO: 00-7949 Civil Term
) CIVIL ACTION-LAW
(
)
(
SUMMONS IN A CIVIL LAWSUIT
DEANNA K. COLLINS~STEE Ad litem
for the ESTATE OF GEORGE G. STEWART
Plaintiff
Date: January 22,2001
I,DEANNA K. COLLINS,APPOINTED TRUSTEE Ad litem for the
ESTATE OF GEORGE G. STEWART
SERVE UPON DEFENDANT,ROSEMARY DAILY BATHAVIC's ATTORNEY:
CHARLES E. WASILEFSKI,Esq.
2931 North Front Street
Hartisburg,Penna. 17110 (office)
a Certified Copy of the recently A~mNDED COMPLAINT OF
(1) MEDICAL NEGLIGENCE AND (2) WRONGFUL DEATH ....dated: January 22,2001,
with an attached letter of SUr@~ONS.
Your Client, ROSEMARY DAILEY BATHAVIC, is being sued in the Court for
the Medical Negligence and Wrongful Death of GEORGE G. STEWART in
the JudgelWfJlt .rJciYltJl'....Ilt"of 1 S S. tJO 0 . . . . . . . . . . . . . . . . . . . .
-
Your response to this action is requested by sub~tting an ANSWER to
this Court wi thin ~ 0 days of the service of this COll1flaint and
letter of~~~and sending a copy of your ~qSWER to the PLAINTIFF,
DEANNA K. COLLINS Plaintiff for the Estate(TRUSTEE Ad li~~)
DEANNA K. COLLINS
LJ;6 Willow Street
Highspire,Penna. 17034
Signe::~l)(u~ k r &--eM
Date:~~~J/2('}O/
b~
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Commonwealth of Pennsylvania
County of Cumberland
o
1 ss:
I, CURTIS R. LONG , Prothonotary
of the Court of Common Pleas in and for said
County, do hereby certify that the foregoing is a
full, true and correct copy of the whole record of the
case therein stated, wherein
DEANNA K. COr.r.TNR
Plaintiff, and
BATHAVIC
ROSEMARY DAILEY
Defendant _, as the same remains of record
before the said Court at No. of
00-7949 Term, A.D. 19_.
hereunto set my hand and affixed the seal of said Court
day of a A. D., bIIx....2..O.Dl
In TESTIMONY WHEREOF, I have
this 2nd
Prothonotary
I, Gearoe E. Hoffer President Judge of the Qt-h
Judicial District, composed of the County of Cumberland, do certify that Curtis R. Long
, by whom the annexed record, certificate and
attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name
and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is
Prothonotary in and for said County of CUMBERLAND in
the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith
and credit are and ought to be given as well in Courts of judicature as elsewhere, and that the said record,
certificate and attestation are in due form of law and made by the roper officer.
Commonwealth of Pennsylvania
County of Cumberland
} ss:
esident Judge
I, Curtis R. Lono , Prothonotary of the Court of Common Pleas in
and for the said County, do certify that the Honorable GAnrgA R HoH'or
by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time
of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of
Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts
as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and affixed the seal of said Court this
2nd y of Nav er A.D. "PJ 2001
Prothonotnry
,,,,--, ",~"-,--
''''' "-'- ,"
,; ,'.,e_
,
DEANNA K. COLLINS-TR(:rEE Ad litem
for the ESTATE of GEORGE G. STEWART
(Plaintiff)
VS.
ROSEMARY DAILEY BATHAVIC
(Defendant)
.;i-F ~6j\
IN THE ~RT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENN::,YLVANIA
I CIVIL ACTION--LAW
Civil Term--Nol 00-7949
** DEMAND TRIAL BY JURY
Date: Jan. 22,2001
AMENDED COMPLAINt; OF
(1) MEDICAL NEGLIGENCE
.
. (2) WRONGFUL DEATH
.~
AFFADAVIT OF SERVICE
I.DEANNA K. COLLINS--TRUSTEE Ad litem(Plaintiff) for the :eSTATE OF
GEORGE G. STEWART SERVED UPON ROSEMARY DAILEY BATHAVIC(Defendant)
via ~r legal counsel: CHARLES E. WASlLEFSKI,Esq.
2931 North Front Street
Harrisburg,Pennsylvania 17110
a True,Certified Copy of the recently A1lliNDED COMPLAINT OF
(1) Medical Negligence and(2) Wrongful Death dated: January 22,2001,
and a Letter of SUMMONS via Certified Mail with Return Receipt.
(See attached) Received by legal Counsel's Office: January 23.2001.
Signed: :Dihl4'lL-K/!(~;;() Date: fi}y~ ~~~/
.
,
.
...
., .' ..
"'~".~ iIllll!., ~"
-
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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 mailpiece,
or on the'front if space permits.
1. Article Addressed to:
CJ;f:CF~
~~/rA-,17//()
x
D. Is delivery address different from item 1?
If YES, enter delivery address below:
3. Service Type
p("certi,fied Mail
o RegiStered
o Insured Mail
o Express Mail
o Return Receipt for Merchandise
o C.O.D.
4. Restricted Delivery? (Extra Fee)
DYes
2. Article Number (Copy from sery;ce label)
'7Cl?f1 1~7X!J' r.Jr)/O 0 '1'0 2-/~
PSF:rm3~? ~UIY'199rfJ) Domestic Return ReceiP'__
102595-99-M-17S9
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Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
-
DEANNA K. COLLINS-Tru~e Ad liteh1
j for the ES'J:ATE OF GEOl'\,.",~ G. STEWART
Plaintiff
,
VS
ROSEMARY DAHEY BATHAVIC
Defendant
Date: I'YlMcl( /b)cXo01
J -11...-01
IN THE COUR;l OF COh'ld/. ON PLEAS FOR
CUM BERLAND\::JCOUNTY ,PENNSYI)!ANIA
NO: 00-7949 C:iVil 'fer1'l'\
CIVIL ACTION-LAW
JsN\~ teoMPLAINT OF
(l)MEDICAL NEGLIGENCE
(2) WRONGFUL DEATH
"** :tl:f!vlAlrf{t) JURY TRIAL
I,DEANNA K. COLLINS, appointed TRUS1'EE Adli tel'l1 for the ESTATE OF GEORGE
G. STEWART.. .REQUESTS this COURT to accept this recently am ended Complaint
of (l)~EDICAL NEGLIGENCE and (2) WRONGFUL DEATH.
This Estate charges ROSEMARY DAILEY BATHAVIC with the above allegations.
The Estate alleges that Specific Negligent Actions of Ms. Bathavic
contributed to the WRONGFUL DEATH ACTION situation as follows:
1. At 11:15~Novefl.\.ber 7,1998 GEORGE G. STEWART,resident of Clarefl10nt
Nursing and Rehabilitation Center,Carlisle,Pennsylvania,was found in the
following fKedical condition: UNRESPONSIVE...~OUTH BREATHING. ~.Bathavic
was the (LPN) Licensed Practical Nurse(CHARGE NURSE) for the D-WING that
night fro"" l1pM to7atl{Nove mber 8,1998. It is docu fI'Iented that this Nurse
failed to take complete,proper vital signs for7l1.r. STEWART.. .Immediately.
She failed to I~~ediatley Notify the night Registered Nurse Supervisor (RN)
"'
of his declining health status. She also failed to Ih1mediately Notify
Hilda B. Stewart(wife). Hilda B. Stewart was the legal,responsible party.
2. 11130prn Nove m ber 7,1998 GEORGE G. STEWART was found as follows:
"TPH... .101.9(Rectal 'lemp.) AP(Apical PUlse) 122 Respirations(R) Lj.Lf
loose Non-productive Cough ...Hands and Feet Cold. UNABLE TO OBTAIN
13LOOD PRESSURE. ROSEntARY DAILEY BATHAVIC,LPN failed tOI (1) Notify RN
Shift Supervisor of the significant decline in mental and Physical Health
Status of m r. STEWART. (2) Failed to Proh\ptly Notify Hilda B. Stewart(wHe).
(3) Failed to Provide Immediate,proper CPR(Cardio-Pul'onary Resuscitation)
efforts for /VI r. STEWART. (4) Failed to Call 911 for an Anrbulance
(5) Failed to Call the Doctor pror>1p:tly.
1hUe. ~1I ~ Ml$ of 1/I!Gtl~,
.s-'I
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<t)
tk:t~i,f6" ....
~ ROSE~~RY DAILEyC;THAVIC FAILED TO PROVIDE ~ WillJOR NURSING ACTIONS
.to assist Geors-e G. stewart, who was in a comatose condition without an
=
Audible Blood Pressure. The Estate alleges Ms. Bathavic failed to perform
her Nursing obligations to give proper, adequate care for this dependent
person on the evening of November 7, 1998 .c.(..~ 7to-v. S':" /7'1'89
This is a Specific Breach of Duty. Willful neglect of a care-dependent
person-causing serious bodily injury.....is a crime in Pennsylvania.
At 12am November8,1998 Mr. Stewart was still found to be slow to respond.
Nailbeds of fingers and feet were Cyanotic and Cold, Still, Ms. Bathavic
failed to Provide any Major Rescue Nursing Measures to aid Mr. Stewart.
tI;~e Estate Alleges ROSEMARY DAILEY lMTHAVIC BREACHED her Nursing
DUTY by ~pecific ACTS of OMiVIISSION to perform Proper,Adequate
Nursing Interventions necessary to give immediate rescue measures to
aid George G. Stewart. Ms. Bathavic failed to perform those nursing
actions necessary and required of a ]icensed practical acting as the
charge nurse on D-Wing November7&8,1998.,breaching and falling below
nursing duty norm standard required of such a licensed practical nurse.
It is documented Ms. Bathavic failed to give adequate nursing care for
aprox. 1Hour and 15 minutes......while Mr. Stewart lay with "NO
AUDIBLE BLOOD PRESSURE." before the Night (l1pm to 7am) Shift Supervisor
RN came to evaluate Mr. Stewart's health status. at aprox. 12:30 am
November 8,1998.....,It is noted both the Registered Nurse(Shift Supervisor:
and Ms. Bathavic acted improperly for it is documented.~ilda B. Stew~rt
(wife) Requested George G. Stewart be sent to the Hopsital via ambulance.
5~Mr.-~eorge G. St-;w~rt la; fr~~-t~~~~~e~~-~~~ found initally at 11.15pm
November 7,1998 until 1:15am November 8,1998 when the ambulance initally
arrived at this Nursing home facility to transport N~. Stewart to the
hospital. This is a total time of aprox. 2 HOURS with "NO AUDIBLE
BLOOD PRESSURE". This in itslef is a gross act of medical negligence for
any Nursing staff.
It is alledged that Specific Acts of O~mlISSION by Ms. Bathavic mentioned
previously were BREACHES OF DUTY as a licensed practical nurse. These
were acts of medical negligence which is alledged to have caused an
lHOUR and 15 minute delay in necessary nursing rescue measures for
Mr. Stewart, therefore , causing serious~b6dilyinjury...............
SEVERE,IRREVERSIBLE BODY SYSTEM DAMAGES to prevent any future (con'td)
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attempts to save the life of ~tr, George G. Stewart impossible. His body
~as damaged too greatly to reverse the damages caused by his laying
1 Hour and 15 minutes before his evaluation by the RN Shift Supervisor
at 12:30amlV8/1998 to aproxirnately 12:45AM 11/8/1998 un til the ambulance
arrived at Claremont at 1:15am 11/8/1998. The total time delay of
aproximately 2 Hours in a situation of r,iI', Stewart being with "NO
AUDIBLE BLOOD PRESSURE."
It is alleged by the Plaintiff of this case that Mr. Stewart '8 Death
was caused by the Medical Negligence of Rosemary Dailey Eathavic who
left this man lay 1 Hour and 15 minutes with "NO AUDIBLE BLOOD PRESSURZ."
This was a BREACH OF DUTy..... . MEDICAL NEGLIGENCE........ a COHTRIBUTING
~~JOR FACTOR that caused the R~timely DEATH OF GEORGE G. STE<<ART on
Govember 9,1998. The Defendant,Rosemary Dailey Bathavic is accused of
ACTS OF Oi,'IiUSSION to give adequate emergency care to this man therefore
causing the following body system failures to become irreversible to
the extent that ~.y life-saving measures became impossible:
1. Respiratory System Failure 2. Cardiac System Failure- found to have
Atrial-Ventral Fibrillation problem
3. Renal System Failure 4.Irreversible Coma Condition
with dehydration
5. Right lower lobe Pneumonia
It is alleged that George G, Stewart was left lay too long with
"NO AUDIBLE BLOOD PRESSURE" therefore causing the conditions which made
the pneumonia overwhelming and untreatable 6&pon his admission to
the Carlisle Hospital Emergency Room 11/8/1998 at aproxima tely 2: 20am.
The Defendant,Rosemary Dailey Bathavic is accused of the Death of
George G. Stewart by Acts of Ommission.......her specific actions of
"LETTING GO" of lilr. Stewart with the training and knowledge to realize
her actions would cause death. Death was a specific Consequence of her
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'/Yl edical Neglt'g.enee. peQaps "Attempted Negligent Q /'I'I.icide" would have been
.
a more adequate terM to define the BREACH of DUTY of ROSEWlARY DAILEY
BATHAVIC on NOVE~BER 7 & 8,1998,while GEORGE G. STEWART was a Resident of
Clare~ont Nursing and Rehabilitation Center.
These are the allegations of the Plaintiff for the ESTATE OF GEORGE G.
STEWART against ROSEfWARY DAILEY BATHAVIC(Defendant)...with due respect and
input by the other beneficiaries of this said Estate.
Therefore, the ES'rATE OF GEORGE G. STEWART ALLEGES THE MEDICAL NEGLIGENCE
by ROSE~ARY DAILET BATHAVIC(Defendant) WAS THE fKAIN NURSING CAUS~rIVE
ACTION LEADING ~O THE ALLEDGED CHARGES FOR THE WRONGFUL DEATH ACTION
AGAINS'r HEE.
'rHEREFORE, the ES'rATE OF GEORGE G. STEWART PRAYS for a JUDGEMENT in the
Af'l1ount of 't / ~5, &-&-0 for the Wrongful Death of
George G. Stewart. The Pain-Suffering, Personal and Financial losses due to
the untimely death of Mr. Stewart are great. Inspite of his age,
~r. Stewart was ~entally oriented enough to perform ;nusical cOn1positions
which were to be professionally recorded by his daughter,~s. COLLINS via an
Independent Recording Contract. This in itself was a significant financial
loss to the value of said Estate. fYlr. Stewart has l'1any completed
co Y>\posi tions and alot of in-con-tplete compositions (unset to needed JIlI\ usical
accorY\pany arrangements) which are recorded in the U.S. LIBRARY OF CONGRESS,
Washington,D.C. The loss of cOnApanionship and financial creativity of this
pleasant, elderly gentleman are great. Therefore, inspite of his age
fl'\r. 5TEVfART was a very productive citizen, "A ROCKIN-CHAIR COWBOy.......
AN01'HER SOCIAL SECURITY ACE"!
The ESTATE OF GEORGE G. STEWART, therefore, feels the -ltmcm~of
'1 /~, ~ is very Heasonable and Just against'-- ... ,--,-
ROSE ARY DAILEY BATHAVIC(Defendant) , for her alledged BREACH of DUTy.......
EDICAI, NEGLIGENCE and alledged CAUSE for the WRONBFUL DEATH ACTION
AGAINST HER.
<
Signed: }).etlAt+fL.K ~ . ('tRUSTEE Ad li tll~ )~/ ltif/:M;C If / b) .20-0/
'_-',.. '_.. .. .....'. ...'. (fJ . .., S? .
Defendant
IN THE COT OF COmnr ON PLEAS FOR
CUm BERLAND COUNTY, PENNSYLVANIA
NO: 00-7949 Civil Ter~
,
CIVIL ACTION-LAW
SUMfi'lONS IN A CIVIL LAWSUIT
Date. I11I/-A.clf /6, ~1hJ/
DEANNA K. COLLINS-T~tee Ad litewt
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for the ES':rATE OJ!' GEORGE G. STEWART
, Plaintiff
VS
ROSEn1ARY DAILEY BATHAVIC
I,Deanna K. Collins,appointed Trustee Ad liteM.for the ESry.'ATE OF
GEORGE G. STEWART
SERVE upon Defendant,RoseMary Dailey Bathavic via her Attorney:
Charles E. Wasilefski,Esq.
2931 North Front Street
Harrisburg,Penna. 17110 (Office)
a Certified Copy of the Recently A~ENDED COn1PLAINT of
(1) f'I1 EDICAL NEGLIGENCE and (2) WRONGFUL DEATH
Dated,
iHi th an attached LETTER of SU f\'\/'K ONS.
YOUR Client ROSE~ARY DAILEY BATHAVIC is being sued in the Court for
the above charges in a JUDGE~ENT A~OUNT of,
if / ~S, (JIJ ()
YOUR Response to this Action is Requested by sub ~ i tting an
ALISWER to this Court within c;(.O ~S of the Service of this
CoJ?1.plaint and LETTER of SUI1f/l10NS.
PLEASE sehd a copy of your Answer to,
Ad litem Deanna K. Collins
46 Willow Street
Highspire,Penna.
Signed:~~~ {J~
Date: (r?(/~ / to 7 cQ (}& I"
Plaintiff/Trustee
Attorney Per Se
17034
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IN THE COU~ OF CO!l1I1W";PLEAS FOR
CU", BERI,AI'i\",,)JOUN'I'Y. PESNSYl,V ANIA
NO: 00-7949 Civil Term
CIVIL ACTION-LAW
*;:E--1'}~~
DEJ1( AND JURY 'rRIAI, 1f*,HH<*;f~'i<*
DEANNA K. COLLINS-Tr~ee Ad litem
for the ESTATE OF GE~E G. STEWART
Plaintiff
,10SE 111 ARY DAILEY BATHA VIC
Defendant
AFFADAVIT OF SERVICE
AFFADAVIT OF SERVICE
I,DEM~NA K. COLLINS (Plaintiff) , for the Estate of GSORGE G. STEWART,
SEl1VED upon ROSEmAl1Y DAILEY BATHAVIC(Defendant)
via her legal counsel:
CHARLES E. WASILEFSKI,Esq.
c/o 2931 North Front Street
Harrisburg,Penna. 17110
a Certified COPY of the recently AM ENDED com PLAINT for .
(1)11'/ EDICAL NEGLIGENCE and (2) WRONGFUL DEATH dated t11;11fJ1I 16 J ;2.~1
YOUR Client is being sued in this court in the AM ount of:
f( / f)5') tf(JrJ for JUDGEmENT in this case.
YOUR Response to this Action is requested by subl"1 i tting an ANSWER
to this Court within: C) n
~ Days of Service of this
COil! plaint and attached Letter of SUlltwt ons.
Also send a copy of your Answer
to the legal counsel for Plaintiff:
Signed:~ ,A/ (Ill If. _
. jJi'~7~,j>~
Date: ~', 53 c
... ) i ..1- ~)' -- ._ ..(' ~ rffJ/.---
DEANNA K. COLLINS
46 Willow Street
Highspire,Penna. 17034
iHH'SEE ATTACHEDiHH'if-;H'
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item 4 if Restricted Delivery is desired.
'=t Print your name and address on the reverse
so that we can return the carel to you. .
, . Attach this card to the back of the maiipiece,
or on the front If space permits.
1. MicleAddressedlD: 3;/Jo/~/~C}
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If YES" enter delivery address below:
3. Service Type
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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 Defendant, Rosemary Dailey Bathovic
DEANNA COLLINS,
Plaintiff
v.
ROSEMARY DAILEY BATHA VIC,
Defendant
o
IN THE COURT OF
COMMON PLEAS FOR
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 00 - 7949 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: PLAINTIFF AND HER 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 ASILEFSKl
Dated: <f! 3101
/.,;,()
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CHARLES E. W ASILEFSKl
Attorney ID #21027
2931 North Front Street
Harrisburg, PA 17110
[717] 238-7555
Attorney of Rosemary Bathavic
o
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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 Defendant, Rosemary Dailey Bathovic
DEANNA COLLINS,
Plaintiff
v,
IN THE COURT OF
COMMON PLEAS FOR
CUMBERLAND COUNTY,
PENNSYL VANIA
ROSEMARY DAILEY BATHA VIC,
Defendant
NO, 00 - 7949 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER
OF DEFENDANT, ROSEMARY DAILEY BATHA VIC,
TO PLAINTIFF'S FOURTH AMENDED COMPLAINT
NOW COMES, Defendant, Rosemary Dailey Bathavic ("Bathavic"), by
and through her attorneys, Peters & Wasilefski, and answers Plaintiffs Fourth Amended
Complaint as follows:
1. Defendant, Bathavic, denies the allegations contained in Paragraph
1 of Plaintiffs Fourth Amended Complaint. All or part 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, Defendant, Bathavic, specifically denies that she was in
any way negligent in her care and treatment of George G. Stewart during the morning of
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November 8, 1998 or any other time. To the contrary, at all times relevant, Defendant,
Bathavic, provided appropriate and timely nursing care in accordance with the applicable
nursing standards required under the circumstances of this case. No act or failure to act
on behalf of Defendant, Bathavic, caused or contributed to the alleged injuries and
damages sustained by George G. Stewart or Plaintiff, in this action, Deanna Collins. In
further answer, Defendant, Bathavic, denies said allegations pursuant to Pa. R.C. P.
1029(e).
2. Defendant, Bathavic, denies the allegations contained in Paragraph
2 of Plaintiffs Fourth Amended Complaint. Allor part 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, Defendant, Bathavic, specifically denies that she was in
any way negligent in her care and treatment of George G. Stewart during the morning of
November 8, 1998 or any other time. To the contrary, at all times relevant, Defendant,
Bathavic, provided appropriate and timely nursing care in accordance with the applicable
nursing standards required under the circumstances of this case. No act or failure to act
on behalf of Defendant, Bathavic, caused or contributed to the alleged injuries and
damages sustained by George G. Stewart or Plaintiff, in this action, Deanna Collins. In
further answer, Defendant, Bathavic, denies said allegations pursuant to Pa. R.C. P.
1029(e).
3. Defendant, Bathavic, denies the allegations contained in Paragraph
2
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3 of Plaintiff's Fourth Amended Complaint. All or part 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, Defendant, Bathavic, specifically denies that she was in
any way negligent in her care and treatment of George G. Stewart during the morning of
November 8, 1998 or any other time. To the contrary, at all times relevant, Defendant,
Bathavic, provided appropriate and timely nursing care in accordance with the applicable
nursing standards required under the circumstances of this case. No act or failure to act
on behalf of Defendant, Bathavic, caused or contributed to the alleged injuries and
damages sustained by George G. Stewart or Plaintiff, in this action, Deanna Collins. In
further answer, Defendant, Bathavic, denies said allegations pursuant to Pa. R.C. P.
1029(e).
4. Defendant, Bathavic, denies the allegations contained in Paragraph
4 of Plaintiffs Fourth Amended Complaint. All or part 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, Defendant, Bathavic, specifically denies that she was in
any way negligent in her care and treatment of George G. Stewart during the morning of
November 8, 1998 or any other time. To the contrary, at all times relevant, Defendant,
Bathavic, provided appropriate and timely nursing care in accordance with the applicable
nursing standards required under the circumstances of this case. No act or failure to act
on behalf of Defendant, Bathavic, caused or contributed to the alleged injuries and
3
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damages sustained by George G. Stewart or Plaintiff, in this action, Deanna Collins. In
further answer, Defendant, Bathavic, denies said allegations pursuant to Pa. R.C. P.
1029(e).
5. Defendant, Bathavic, denies the allegations contained in Paragraph
5 of Plaintiffs Fourth Amended Complaint. All or part 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, Defendant, Bathavic, specifically denies that she was in
any way negligent in her care and treatment of George G. Stewart during the morning of
November 8, 1998 or any other time. To the contrary, at all times relevant, Defendant,
Bathavic, provided appropriate and timely nursing care in accordance with the applicable
nursing standards required under the circumstances of this case. No act or failure to act
on behalf of Defendant, Bathavic, caused or contributed to the alleged injuries and
damages sustained by George G. Stewart or Plaintiff, in this action, Deanna Collins. In
further answer, Defendant, Bathavic, denies said allegations pursuant to Pa. R.C. P.
1029(e).
WHEREFORE, Defendant, Bathavic, demands that Plaintiffs Fourth
Amended Complaint be dismissed.
NEW MATTER
6. This action was initially commenced on November 9, 2000, more
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than two (2) years after the alleged negligence, by the filing of a Complaint having
Deanna Collins as the sole Plaintiff in this case. An Amended Complaint was filed on
November 16,2000, again naming only Deanna Collins as the sole Plaintiff in the case.
It was not until December 8, 2000, when a Second Amended Complaint was filed that the
Estate of George G. Stewart was mentioned and attempted to be joined as a party plaintiff
in this case, which was thirty (30) days after the Statute of Limitations had run on any
negligence action based on the allegations in this case. Any claim of the Estate of
George G. Stewart against Defendant, Bathavic, is barred by the Statute of limitations.
7. 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.
8. 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.
9. 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
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Responsible Party #2.
10. 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.
11. 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.
12. 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.
13. 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.
14. On Saturday, November 7, 1998, at approximately 5:30 P.M., the
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
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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.
15. 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-prn 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.
16. 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.
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
7
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nursing supervisor. Neither Deanna Collins nor Hilda Stewart ever got back to anyone at
Defendant, Claremont.
17. During the 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 carne to the facility during the period from when the nursing supervisor on the
3:00 P.M. to ]]: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.
18. 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.
19. Upon information received and believed, Deanna Collins, at the
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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. rfthere 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.
20. 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.
21. 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.
22. The alleged negligence of Defendant, Bathavic, occurred on
November 8, 1998. Plaintiff did not file this action until November 9, 2001, after the
Statute of Limitations would have run on this action. Therefore, all of Plaintiff's claims in
this action are barred by the Statute of Limitations.
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WHEREFORE, Defendant, Claremont, demands that Plaintiffs Third
Amended Complaint be dismissed.
Date: April 30, 2001
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'70
PETERS & W ASILEFSKl
By:
Charles E. Wasilefski, Esquire
Attorney #21027
2931 North Front Street
Harrisburg, PA 17110
[717] 238-7555
Attorneys for Defendant,
Rosemary Dailey Bathavic
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VERIFICATION
I hereby affirm that the following facts are correct:
I am a Defendant in the foregoing action and 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 ofthe 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.
~~~Luu~
Dated: /j-.i?-tRcJL) I
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CERTIFICATE OF SERVICE
This is to certify that I, Pamela J. Crnm, a Legal Assistant in the law offices
of Peters & Wasilefski, have this ~ day o~~~ ,2001, served a true and
correct copy of the foregoing ANSWER WITH NEW MATTER OF DEFENDANT,
ROSEMARY DAILEY BATHAVIC, TO PLAINTIFF'S FOURTH 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
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Pamela J. Crnm
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~or the ESTATE OF GEORGE G. STEWART
Plaintiff
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IN THC:>-OURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
, DEANNA K. CbLLINS-Trust.oAd litem
NO: oo--7'i<f?Civil Term
VS.
ROSEMARY DAILEY BATHAVIC
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
Defendant
PT.ATNTTFF'~ RESPONSE TO DEFENDANT'S ANSWER
TO PLAINTIFF'S FOURTH AMENDED COMPLAINT
~~is Plaintiff REQUESTS this Court not dismiss this FOURTH AMENDED COMPLAINT
but to let this case Proceed into JURY TRIAL.
Plaintiff asserts defendant,Rosemary Dailey Bathavic,via her attorney failed
in its Answers to show any significant evidence why this complaint should be
dismissed.
This Plaintiff Responds to the Answers of Defendant,Bathavic,as follows:
1. Regarding Paragraphs 1 thru 4 ofTOis Plaintiff's Fourth Amended Complaint~
This Plaintiff still alleges Defendant,Bathavic, was negligent in performing any
timely Emergency Nursing Care for George G. Stewart during her shift of duty at
Claremont as the IIp-7am.-Charge Nurse for D-Wing. Specifically the night of
Nov.7,1998 thru early AM Hours
of Nov.8,1998. This Plaintiff still alleges this
nurse by her negligence:Breach of Duty to perform needed care for Mr. Stewart...
caused severe, irreversible bodily UAMAGE TO Mr. Stewart that caused him to
die an untimely,Wrongful Death.
2. This Plaintiff asserts: It is documented within Claremont Nursing Records that
Ms. Bathavic found Mr. Stewart at aprox. 11:15pm on Nov.7,1998 in a totally
UNRESPONSIVE condition and failed to do anything for this person leaving Mr.
Stewart lay until aprox. 11:30pm Nov. 7,1998 when this man presented with
"NO AUDIBLE BLOOD PRESSURE",still this nurse(Bathavic) failed to perform
any needed, Emergency Nursing Care for Mr. Stewart at this time. This Plaintiff
still alleges Rosemary Dailey Bathavic neglected Mr. Stewart for aprox.
1Hour and l5Minutes while this elderly resident lay...UNRESPONSIVE, with
NO AUDIBLE BLOOD PRESSURE failing to give any Emergency,Rescue,Nursing Care
to try to save Mr. Stewart. This is not merely a conclusion of law but
documented established facts contained within Claremont's o~n nursing records.
This Plaintiff still alleges Ms. Bathavic(Defendant) was negligeAt by her
Breach of Duty to provide nursing interventions to prevent harm or death
to George G. Stewart. The d d d 1
ocumente ~bay of action by Ms. Bathavic is not
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Conclusion of law but fa~ual evidence contrary to ~ denials within the
~nswers of Defendant(Bathavic) to Plaintiff's Fourth Amended Complaint.
~. This Plaintiff ASSERTS Defendant(Bathavic) Failed to provide the following
necessary Emergency Nursing Care for Mr. Stewart:
A. Failure to Immediately Perform CPR(Mr. Stewart. was at this time a "FULL CODE")
-
~. Failure to Immediately Call 911....when Mr. Stewart totally UNRESPONSIVE
€,. Failure to Immediately Ca 11 Doctor
F>. Failure to Immediately Notify her Night Shift Supervisor of Mr. S t ewa r tl:;
condition
t. Failure by this nurse to Prompty Notify Hilda B. Stewart(wife) the Primary
Responsible Party for Mr. Stewart.
This Plaintiff asserts n;~~~~~~V~Breached her Nursing Duty by her deliberate
"Neglect of a Care Dependent Person(Mr. Stewart) Causing Serious Bodily Injury"
which is a punishable CRIME in Pennsylvania's Crime Code. This Plaintiff still
alleges this Defendant(Bathavic) caused by her Negligence the damages to
Mr. Stewart's body that lead to his untimely,Wrongful Death. No where within
the Claremont Nursing Records are there documented Emergency Care Interventions
performed by Ms. Bathavic to prevent harm or death to Mr. Sterwart.
Therefore,this Plaintiff Responds to all denials of negligence by Defendant
(Bathavic)to Plaintiff's Fourth Amended Complaint with NEW MATTER.
NEW MATTER
1. Rosemary Dailey Bathavic(Defendant) was specifically mentioned within an
official NON-COMPLIANCE CITATION by Penna. Dept. of Health as being negligent
in providing adequate,timely emergency nursing care. for Mr. Stewart.
2. This Penna. State Citation specifically cited this facility for the
1 Hour and 15 Minutes Rosemary Dailey ~~$havic failed to give the necessary
nursing care to Mr. Stewart while he lay UNRESPONSIVE presenting with
NO AUDIBLE BLOOD PRESSURE.
3. In the Penna. Crime Code_~~eglect of a Care Dependent Person Causing Serious
u
Bodily Injury is a Punishable Crime. Ms. Bathavic failed to provide emergency
nursing care for Mr. Stewart. ....neglecting his declining health as documented
for the 1 Hour and 15 Minutes as Mr. Stewart lay UNRESPON~/Ve.' with NO
AUDIBLE BLOOD PRESSURE.....this ,person at this time was a Care Dependent person
unable to communicate to others his needs... .Mr. Stewart was Comatose.
4. It is documented within the Penna. State Citation that specifically,
Ms. Bathavicfailed to follow Claremont Emergency Procedures that were at
that time established.
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is documented G~orge G. Stewart was diagnosed at Carlisle Hospital
Strept-Pneumoni~. It is well documented and established in numerous
~edical texts that this type of Pneumonia has an Incubation period of aprox.
3 days after exposure ti an infected area/person. Therefore it is fact
Mr. Stewart acquired "his disease at Claremont facility not prior to admission.
6. It is well documen"ed in various medical texts that all types of Pneumonia
have progressive SYMPTOMS. This Plaintiff alleges that Defendant(Bathavic)
failed to take any emergency actions when it was discovered and documented
that Mr. St.~wart was UNRESPONSIVE.. ..presenting with NO AUDIBLE BLOOD PRESSURE
and at that time had ~<very elevated temperature. These facts should have
prompted emergency nursing care by Ms Bathavic for Mr. Stewart at this time.
However, it is fact MS. Bathavic never performed any Emergency Nursing
Care for Mr. Stewart during her time of duty. This is a Breach of Duty by
said Defendant(Bathavic).
7. It is documented Mr. Stewart had two(2) Complete Physical Exams.The first by
his own doctor prior to admission to Cl~remont.(~t.30,1998). The second
physical exam by a Cl~remont referred doctor,Dr. Michael Gawles.(11/4/1998).
8. George G. Stewart was admitted to D-Wing at Claremont...an Intermediate
Unit.. ..however Mr. Stewart was to be provided more care than just medications
. , .
and s 0 mea s s i s tan c e wit h d ail y. 1 i v i n g ski 11 s sue has fa s t~ '^J . h..s S'.h-/,r"ts, pan t s
and basic hygiene car~.... ...that fine motor dexterity was required. This
Plaintiff allege!! d1~..6~TA~ItLC.. failed and WAS negligent to adequately
Observe ,Monitor or Assess the progressive Sy,,^pTol'I5 of Mr. Stewart's later
diagnosed Strept-Pneumonia.This is not a conclusion of lawb~facts that can
be proven by reviewing the documented evidence within Claremont's own :~~~ords.
The Defendant(Bathavic) failed to provide emergency care,
Therefore,this Plaintiff alleges Ms. Bathavic was negligent according to
Claremont's own documented facts.
9. It is documented,.n1S.Bathavic sent Carlisle Police to Ms Collins'
house
regarding some type of harrassing phone call she tried to blame Ms. Collins
for placing. There ar~ witnesses to prove contrary to this problem. Ms Bathavic
apparently took her guilty feelings out on Ms. Collins personally. This is the
allegatiOh of the Plaintiff for said estate.No further problems occurred by L;~
party.
fxpe~t Medical Advisors have been hired by Plaintiff to establish factS--
fh S o,;{hP.lltC (!..(U/s6/ fhy SteM t''!i UI"''j 13 rnlt. fi;;;r~..L<J<<rf "t"hll-"T ctUtSt' J h.tS
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11.Statutes OF LIMITATION are based on Date of Discovery. This Plaintiff
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establishes Date of Factual Discovery of the alledged Negligence of Rose~ary
'Dailey Bathavic on aprox. November 16,1998.Not on the dates of Nov. 7 or 8,1998
as Defendant(Bathavic) claims for the times she allegedly was negligent of
providing proper nursing care for Mr. Stewart. The Plaintiff has witnesses to
prove Date of Discovery never occurred prior to November 16,1998 and most likely
discovery actually occurred mid-week of November 16th thru November 20th,1998.
Therefore,Plaintiff filed the Original Complaint for this legal action within;
the proper set time period for STATUTES OF LIMITATIONS. C II/lftl ~~~o)
12. This Plaintiff has witnesses that neither Ms. Collins or Hilda B. Stewart
were ever notified by the 3pm-llpm shift of Claremont or by th~ IIp to 7amS~~r
at Claremont(specifically,Ms. Bathavic-Defendant) during time of Mr. Stewart's
declining health problem.(Nov7,1998 into Nov.8,1998).
This Plaintiff alleges Mr. Stewart was left unattended between shifts at
Claremont by nursing staff. This is contrary to Answer given by defendant
(Bathavic). This Plaintiff alleges that if other staffers~ were present
the negligence by Ms. Bathavic should have been prevented by emergency nursi~~
care being provided by these so-called visible other nursing personel,
This is contrary to Defendant(Bathavic's) statement that Mr. Stewart was well
cared for in a timely manner at all times by nursing staff. This Plaintiff
has documented evidence in Penna. Dept. of Health Citation that Ms. Bathavic
alone is responsible for the 1 Hour and 15 Minutes of neglect and failure on
her part to perform immediate emergency nursing care for Mr. Stewart
during her time of Nursing duty at Claremont.
13. It is fact Ms. Collins was home the entire evening of Nov. 7,1998 into the
early AM hours of Nov. 8,1998. There~are witnesses that can prove the
actions of Ms, Collins during this time. This is contrary to the hearsay
speculations of defendant(Bathavic) via her attorney specifically. This is
rnalicious,det.. mental statements based on hearsay information that
specifically is inferred to undermine the responsible position Ms. Collins has
had to assume as the Trustee Ad litem of said estate and also the legal
counsel presiding in this case. On the Contrary,Ms. Collins can be proven to be
a very laid-back,congenial,educated person who readily assumes responsibility.
Ms, Collins is not the irresponsibly person the defendant tried to create
and failed to evidence with facts.
14. The Advanced Medical Directives for Mr. Stewart were
George G. Stewart and all designated parties in 1992. Ms.
responsible party then or dv..r-~n.J -r,l.,.e.s 1-M.~7,"'~-' I".. =r,
"' ..~ ",IYI./g CA-Se..
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15. Ms. Collins called Hilda B. Stewart on Nov. 7,1998 but never had any
messages to relay regarding a decline of health status of George G. Stewart.
At this time, Ms. Collins did relay the fact that Ms. Stewart's phone
number had to be corrected. Ms. Collins called to make arrangements
to transport Ms. Stewart along with her to Claremont to visit Mr. Stewart
sometime on Saturday or Sunday the week_end of Nov.7 or8,1998.
This Plaintiff asserts Claremont nursing staff failed to inform both
Ms~Collins or Hilda Stewart(wife) of any declining medical condition of ~
Mr. Stewart during the time of his health problems. CSI'<,clf.,.CII-~Ly _Ms B/ttNI--,uc)
16. Ms. Collins communicates with Hilda Stewart on a daily basis and
continued to do so during the time of Mr. Stewart's illness. This fact can be
proveR by witnesses. Ms. Collins always kept close contact with both parents
regardless of where she was located.Therefore, this Plaintiff wishes to
inform all i~terested parties that a ph6ne~call was not something done to relaJ
messag,~ only in emergency circumstances. Ms. Collins had a responsibility
to her parents for their well-fare daily. Ms, Collins was not'the ,1
irresponsible person defendant(BathaVic)claimed in her answering statements
specifically where she mentioned that possibly Ms. Collins failed to
call Hilda Stewart the evening of Nov.7,1998.
In Summary of Plaintiff's Response ~O defendant,Rosemary Dailey Bathavic's,
Answer to Plaintiff's Fourth Amended Complaint......................
THIS PLAINTIFF REQUESTS this Court not Dismiss this Complaint but to let
this Case PROCEED into TRIAL BY JURY as demanded by all parties involved
in this legal dispute.
Signed:~1( ~
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Ilf.ust:Re. 1fd..1, teKt
Date:
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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
ROSEMARY DAILEY
BATHAVIC,
Defendant
NO, 00-7949 CIVIL TERM
IN RE: DEFENDANT'S PRELIMINARY
OBJECTIONS TO PLAINTIFF'S COMPLAINT
BEFORE HOFFER, P.J., OLER and GUIDO, JJ.
ORDER OF COURT
AND NOW, this 18th day of May, 2001, upon consideration of Defendant's
preliminary objections to Plaintiffs pleadings in the above-captioned case, and for
the reasons stated in the accompanying opinion, it is ordered and directed as
follows:
I. A Rule is issued upon Plaintiff to show cause, if any she
has, why the relief requested in Defendant's preliminary
objections should not be granted.
a. Plaintiff shall file an answer to the
preliminary objections within 21 days of the date
of this order.
b. The preliminary objections shall be
decided under Pa. R.C.P. 206,7,
c. Depositions shall be completed within 35
days of the date of this order.
d. Briefs shall be submitted within 56 days of
the date of this order.
e. Defendant's preliminary objections shall
be decided upon the record as supplemented.
2. Plaintiffs untimely (fifth) amended complaint, filed on
March 16, 2001, is stricken,
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3, Plaintiff is requested not to file further amended
complaints in the absence of leave of court, agreement of the
parties, or conformity with Pennsylvania Rule of Civil
Procedure 1028(c)(I),
BY THE COURT,
J.
Deanna K. Collins
46 Willow Street
Highspire, P A 17034
Plaintiff, Pro Se
Charles E, Wasilefski, Esq.
2931 North Pront Street
Harrisburg, PA 17110-1280
Attorney for Defendants
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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
ROSEMARY DAILEY
BATRA VIC,
Defendant
NO, 00-7949 CIVIL TERM
IN RE: DEFENDANT'S PRELIMINARY
OBJECTIONS TO PLAINTIFF'S COMPLAINT
BEFORE HOFFER, P.J., OLER and GUIDO, JJ.
OPINION and ORDER OF COURT
OLER, J" May 18, 200l.
Presently before the court in this civil case are preliminary objections filed
by Defendant to an amended complaint filed by a pro se plaintiff, For the reasons
stated in this opinion, a rule to show cause will be issued for purposes of
development of a record.
STATEMENT OF FACTS: PROCEDURAL HISTORY
The present action at law was commenced on November 9, 2000, by the
filing of a document entitled "Complaint of Medical Negligence which resulted in
a wrongful death situation." A number of amended complaints have followed,
Plaintiff's claim or claims arise out of allegedly negligent nursing care
given to Plaintiff's decedent by Defendant. Plaintiff's decedent allegedly died on
November 9,1998.1
The preliminary objections sub judice are in the form of a motion to strike
references to a claimant added in a (third) amended complaint2 after the applicable
I Plaintiff's Amended Complaint of Medical Negligence and Wrongful Death at 3, filed
December 8, 2000.
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statute oflimitations had run and a "demurrer" to the underlying claim or claims in
a (second) amended complaint.3 The "demurrer" is based upon the following
specific contentions:
Plaintiff lacks standing and capacity to bring suit against
Defendant, Bathavic, for the death of George G. Stewart,
Plaintiff lacks standing and capacity to bring suit against
Defendant, Bathavic, for medical negligence.
Plaintiffs Complaint fails to conform to law or rule of
court and includes scandalous and impertinent matter.
Plaintiffs Complaint is legally insufficient and must be
dismissed.4
Defendant listed the preliminary objections for argument at the time they
were filed, notwithstanding the availability of a 20-day period within which
Plaintiff was perniitted to file an amended complaint. See Pa. R.C,P. 1028(c)(1).
Within this period, Plaintiff filed a (fourth) amended complaint.5
The parties nevertheless proceeded to oral argument, which was held on
February 14,2001.6 About a month after the oral argument, Plaintiff filed another
(fifth) amended complaint, without leave of court or agreement of the parties,1 and
beyond the time for doing so ofrigbt in response to preliminary objections.8
The first complaint in this action, denominated "Civil Action-Medical
Negligence," was filed on behalf of Deanna K. Collins on November 9, 2000.9
This complaint consisted of a one-page claim for $85,000,00 by Plaintiff as the
3 Plaintiff's Amended Complaint of Medical Negligence and Wrongful Death, filed December 6,
2000.
4 Preliminary Objections of Defendant, Rosemary Dailey Bathavic, filed Jannary 11,2001, at 3.
5 Plaintiff's Amended Complaint of Medical Negligence and Wrongful Death, filed January 22,
200 l.
6 In the interest of a cohesive disposition of issues, the court will treat Plaintiff s second, third and
fourth amended complaints as a connected series. See Pa. R.C.P. 126.
7 See Pa. R.C.P. 1033.
8 See Pa. R.C.P. 1028(c)(1).
9 Plaintiff's "Complaint of Medical Negligence which resulted in a wrongful death situation,"
filed November 9, 2000.
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daughter of George G. Stewart, due to unspecified negligence on the part of
Defendant which resulted in the death of Plaintiffs father; the complaint
contained the observation that the Estate of George G. Stewart was "pursuing a
Wrongful Death Lawsuit of its own,,,IO
Without leave of court or agreement of the parties, Plaintiff filed a (first)
amended complaint on November 16, 2000,ll This amended complaint replicated
the original complaint, with the addition of a more formal notice to defend.12 On
December 4, 2000, Defendant filed preliminary objections to this amended
complaint, raising issues as to standing and capacity to sue, conformity to law or
rule of court, inclusion of scandalous and impertinent matter, specificity, and legal
sufficiency, 13
On December 6, 2000, Plaintiff filed a (second) amended complaint/4 in
response to the preliminary objections, as permitted by Pennsylvania Rule of Civil
Procedure 1028(c)(1), This amended complaint, entitled "Amended Complaint of
Medical Negligence and Wrongful Death," was filed in the name of "Deanna K.
Collins-Plaintiff (Trustee ad litem for the Estate of George G. Stewart[)]," and
purported to' represent the interests of "myself and all the beneficiaries of said
Estate whom I legally represent and initially failed to mention,,,15
The amended complaint was basically in narrative form, contained several
specific allegations as to negligence leading to the death of the 82-year-old
decedent, and included among damages the loss of "a recent independent
10Id
11 Plaintiff's Amended Complaint of Medical Negligence which resulted in a wrongful death
situation with Official Notice to Defend and Answer, filed November 16, 2000.
12Id
13 See Preliminary Objections of Defendant, Rosemary Dailey Bathavic to Plaintiff's Amended
Complaint, filed December 4, 2000.
14 Plaintiff's Amended Complaint of MediCal Negligence and Wrongful Death, filed December 6,
2000.
15 Id at I.
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recording contract" which the decedent had allegedly been signed to.16 Attached
to the amended complaint was a paper entitled "SUMMONS IN A CIVIL
LAWSUIT," which demanded damages on behalf of the Estate of George G.
Stewart for "medical negligence" and "wrongful death" in the amount of
$85,000.00.17
On December 8, 2000, without leave of court or agreement of the parties,
Plaintiff filed a (third) amended complaint.18 This amended complaint, entitled
"Amended Complaint of Medical Negligence and Wrongful Death," basically
reiterated the allegations of the prior amended complaint.19 However, the caption
was revised to name as plaintiffs "Hilda B. Stewart-Executrix & Deanna K,
Collins (Daughter) - Plaintiffs In Pro Per for Estate of George G. Stewart."
This amended complaint stated that the plaintiffs were "[a]cting jointly
together As In Pro Per Plaintiffs,,,20 and purported to represent the interests "of
myself and all the beneficiaries of said Estate whom I legally represent.,,21
Attached to the amended complaint was the "summons" which had been attached
to the previous amended complaint.22
On January II, 2001, Defendant filed preliminary objections to the third
amended complaint, and reiterated Defendant's preliminary objections to the
second amended complaint, styling them a "demurrer.,,23 These new preliminary
objections contained, in addition to the "demurrer" items, which have been quoted
16Id. at 4.
17Id.
18 Plaintiff's Amended Complaint of Medical Negligence and Wrongful Death, filed December 8,
2000.
19Id.
20 Id.at 1.
21Id.
22 Id.
23 See Preliminary Objections of Defendant, Rosemary Dailey Bathavic, filed January II, 200 I.
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previously in this opinion,24 a motion to delete references to Hilda B. Stewart,
executrix, on the ground that she was being added as a party plaintiff after the
applicable statute of limitations had run,25
In response to these preliminary objections, on January 22, 2001, Plaintiff
filed a (fourth) antended complaint, entitled "Amended Complaint of Medical
Negligence and Wrongful Death," deleting the reference to Hilda B, Stewart as a
plaintiff, nanting as the plaintiff "Deanna K, Collins-Trustee Ad litem for the
Estate of George G. Stewart," and specifically reciting that she (Deanna K.
Collins) had been "appointed TRUSTEE Ad litem for the ESTATE OF GEORGE
G. STEWART,,,26 It otherwise basically reiterated the allegations of the prior
amended complaint and included the "summons" previously mentioned.
Oral argument on Defendant's preliminary objections was held on February
14, 200 I. Without leave of court or agreement of the parties, Plaintiff thereafter
filed another (fifth) antended complaint, on March 16, 2001.27 This amended
complaint included a demand on behalf of the Estate of George G. Stewart in the
increased antount of$125,000.00?8
DISCUSSION
For a number of reasons the record in the present case is not sufficient to
dispose of all of Defendant's preliminary objections. One major difficulty in this
regard is that the history, in terms of the personal representative, of the estate of
George G. Stewart is not clear,29 nor is the financial relationship between the
24 See text accompanying note 4 supra.
25 Preliminary Objections of Defendant, Rosemary Dailey Bathavic, filed January 11, 2001.
26 Plaintiff's Amended Complaint of Medical Negligence and Wrongful Death, filed January 22,
2001.
21 Plaintiff's Amended Complaint of(1) Medical Negligence (2) Wrongful Death, filed March 16,
2001.
28 Id at 4.
29 It is well settled that as a general rule a court will not take judicial notice of the records of other
cases, even in the same court. See Woolardv. Burton, 345 Pa. Super. 366, 372-73, 498 A.2d 445,
448 (1985).
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decedent and his daughter set forth. This information would be relevant to the
issues of standing, limitation of actions and legal sufficiency,
With respect to standing, several points of law may be mentioned, First, in
appropriate cases a plaintiff's lack of standing may be made the subject of a
preliminary objection.3o Disposition of such an objection, however, will normally
require a record beyond the complaint itself,31
Second, a survival action may be maintained by the personal representative
of a decedent,32 A wrongful death action may be maintained in the first instance
by the personal representative of a decedent; and, in lieu of commencement of suit
by the personal representative within six months of the decedent's death, it may
also be maintained by certain qualifying individuals,33 A child of a decedent is
such a qualifying individual if the child received from the parent services,
maintenance, or gifts with such reasonable frequency as to lead to an expectation
of future enjoyment of such services, maintenance, or gifts.34
In the present case, it is unclear whether the decedent's daughter, Deanna
K. Collins, was at some point appointed in place of Hilda B. Stewart as the
personal representative of the decedent, thus conferring upon her standing to
maintain a survival action and/or a wrongful death action, and if so when, It is
also unclear whether her standing to maintain a wrongful death action could be
predicated upon her [mancial relationship with her father.
With respect to limitation of actions, it is well settled that where an
amendment to a complaint would introduce a new, time-barred claim, it is
30 See Kee v. Pennsylvania Tumpike Comm 'n, 685 A.2d 1054, 1056 n.4 (Pa. Cornrow. Ct. 1996),
aff'd, 548 Pa. 550, 699 A.2d 721 (1997).
31 See Note, Pa. R.C.P. 1028(c). Defendant's preliminary objections were not endorsed with a
notice to plead.
32 Prevish v. Northwest Med. Ctr. Oil City Campus, 692 A.2d 192-200 (Pa. Super. Ct. 1997),
aff'd, 553 Pa. 73, 717 A.2d 1023 (1998).
33 Tulewicz v. Southeastern Pennsylvania Transp. Auth, 529 Pa. 588,598 n.9, 606 A.2d 427, 431
n.9 (1992); Pa. R.C.P. 2202.
34 Berryv. Titus, 346 Pa. Super. 376,381,499 A.2d 661, 664 (1985); 42 Pa. C.S. ~830l.
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appropriate to refuse to permit the amendment. See Frey v. Pennsylvania Electric
Co., 414 Pa. Super. 535, 540, 607 A.2d 796, 798, appeal denied, 532 Pa, 645, 614
A.2d 1142 (1992). It is also well settled that for purposes of this rule survival and
wrongful death actions are not to be considered variants of the same claim, Id. at
539, 607 A.2d at 798.
The Pennsylvania Superior Court has stated as follows with regard to the
statutes of limitations applicable to survival and wrongful death actions in the
present context:
The statute of limitations applicable to both wrongful death
and survival actions ... provides that "[a]n action to recover
damages for injuries to the person or for the death of an
individual caused by the wrongful act or neglect or unlawful
violence or negligence of another" must be commenced within
two years, The two year period begins to run "from the time
the cause of action accrued...."35
In no event can either a wrongful death action or a survival action be brought more
than two years after the decedent's death.36
These rules are not in themselves unclear. However, the effect of
amendments to the initial complaint herein, whereby plaintiffs have been changed
and causes of action have been altered, combined with uncertainty as to a factual
predicate for standing, is to make an analysis of Defendant's preliminary objection
based upon the statute of limitations speculative at best.
Finally, with respect to legal sufficiency of Plaintiff's pleading, and to the
extent that Deanna K, Collins is attempting to maintain a wrongful death action in
a capacity other than as personal representative of the decedent, the record lacks a
basis upon which to decide whether an opportunity to amend should accompany
35 Moyerv. Rubright, 438 Pa. Super. 154, 158,651 A.2d 1139,1141 (1994) [(citations omitted)],
appeal denied, 540 Pa. 649, 659 A.2d 988 (1995).
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the sustaining of a demurrer, Such an opportunity should be granted where it
appears that the legal insufficiency of a pleading can be corrected.37
For the foregoing reasons, and in the interest of developing a record upon
which several ofthe more serious preliminary objections raised by Defendant may
be resolved and of preventing further confusion, the following order of court will
be entered:
ORDER OF COURT
AND NOW, this 18th day of May, 2001, upon consideration of Defendant's
preliminary objections to Plaintiffs pleadings in the above-captioned case, and for
the reasons stated in the accompanying opinion, it is ordered and directed as
follows:
1, A Rule is issued upon Plaintiff to show cause, if any she
has, why the relief requested in Defendant's preliminary
objections should not be granted,
a, Plaintiff shall file an answer to the
preliminary objections within 21 days of the date
of this order.
b. The preliminary objections shall be
decided under Pa, R,C,P. 206.7.
c. Depositions shall be completed within 35
days of the date of this order.
d. Briefs shall be submitted within 56 days of
the date of this order,
e, Defendant's preliminary objections shall
be decided upon the record as supplemented,
2. Plaintiffs untimely (fifth) amended complaint, filed on
March 16, 2001, is stricken.
3. Plaintiff is requested not to file further amended
complaints in the absence of leave of court, agreement of the
parties, or conformity with Pennsylvania Rule of Civil
Procedure 1028(c)(l).
37 United Nat'{ Ins. Co. v. M London, Inc., 337 Pa. Super. 526, 546, 487 A.2d 385,395 (1985).
8
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BY THE COURT,
Isl J. Weslev 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 17110-1280
Attorney for Defendants
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DEANNA K.. COLLINS-Trustee Ad litem
for the ESTATE OF GEORGE G. STEWART
Plaintiff
IN THE COtT RT OF COMMON P i ~AS
FOR CUMBER LAND COUNTY
PENNSYLVAN IA
VS.
ROSEMARY DAILEY BATHAVIC
CIVIL ACTT ON-LHl
Defendant
NO: 00-7949 CIVIL TERN
____.-J..._.__~~____,_____,_~._,.___,_~_____~~,_____._,__
Date: PLAINTIFF'S ANSWER TO ORDER OF COllE;1~(I1~Y_lil2?OOO)
J Ut'J~(P)d<<Wb
IE: Preliminary Objections of Defendant,ROSEMARY DAILEY BATHAVIC,
to Plai.ntiff's Con;plaint.
tHIS PLAINTIFF(DEANNA K. COLLINS) wishes to inform this Court
SHE WILL DEFEND HER RIGHTFUL POSITION TO PURSUE Ll'<jP.L .ACTION.
~ ST~TEMENTS OF FACrs:f~Oce~U~AL ~lS~R~:
Coff{ of DrF~:l'\dl1.nl~$
-Pl'lj, ~ l;''' V'"~ Ob J ~& &lJ1S'
PRELIMINARY OBJECTIONS OF
DEFENDANT, ROSEMARY DAILEY BATRA VIC,
TO PLAINTIFF'S THIRD AMENDED COMPLAINT
NOW COMES, Defendant, Rosemary Dailey Bathavic ("Bathavic"), by
and through her 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 LIMITATIONS HAD EXPIRED
I. This is a case that allegedly arises as a result of an incident that
oCCLmed on November 7, 1998 at the Claremont Nursing Home in Carlisle, Cumberland
County. Pennsylvania.
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2. Plaintiff Oliginally brought this action by filing a Complaint on
t/ovember 9, 2000. Even the initial filing of this action was after the expiration of the
Statute of Limitations. A copy of the original Complaint is attached hereto and marked
Exhibit "A".
~,. On November 16, 2000, Plaintiff filed an Amended Complaint. A
copy of the Amended Complaint, as served upon Defendant, Bathavic, is attached hereto
as Exhibit "BOO.
4. On December 4, 2000, Defendant, Bathavic, filed Preliminary
Objections to this first Amended Complaint.
5. On or about December 6,2000, Plaintiff filed a Second Amended
Complaint. A copy of the Second Amended Complaint is attached hereto as Exhibit "C".
6. On or about December 8, 2000, Plaintiff filed a Third Amended~
Complaint. A copy of the Third Amended Complaint is attached hereto as Exhibit "D"
At this time, Plaintiff, for the first time, included in the caption, "Hilda B. Stewart,
Executrix of the Estate of George G. Stewart". Hilda B. Stewart, Executrix oNhe Estate
of George G. Stewart never filed an action against Defendant, Bathavic, and any
reference to Hilda B. Stewart, Executrix of the Estate of George G. Stewart as a party
plaintiff in this action should be stricken.
7. Any attempt by the Plaintiff to include an additional palty plaintiff
in this action after the Statute of Limitations has run is contrary to law and the procedures
ofthe courts of the Commonwealth ofPelillsylvallia.
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WHEREFORE, Defendant, Bathavic, respectfully requests that any
reference to Hilda B. Stewart, Executrix of the Estate of George G. Stewart as a party
plaintiff to this matter be stricken.
DEMURRER TO CLAIMS OF DEANNA COLLINS IN
PLAINTIFF'S SECOND AMENDED COMPLAINT
8. Plaintiff lacks standing and capacity to bring suit against
Defendant, Bathavic, for the death of George G. Stewart.
9. Plaintiff lacks standing and capacity to bring suit against
Defendant, Bathavic, for medical negligence.
10. Plaintiff s Complaint fails to conform to law or rule of court and
includes scandalous and impertinent matter.
II. Plaintiff's Complaint is legally insufficient and must be dismissed.
WHEREFORE, Defendant, Bathavic, respectfully requests that
Plaintiff s Second Amended Complaint be dismissed.
PETERS & W ASILEFSKI
Dated: January 11,2001
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Charles E. Wasilefski, Esquir1 Ii .
Attorney # 21027 \,
2931 North Front Street v
Harrisburg, PA 17110
[717} 238-7555
Attorneys for Defendant,
Rosemary Dailey Bathavic
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PLAINTIFF ANSWERS AS FOLLOWS:
~
J~ 1n R~~~~d r~ ~~fe~aRfSBackground Paragraph #2: PLAINTIFF would
like to Clarify that STATUTES OF LIMITATIONS ARE not just determined by
the date of the iT1cid~nt"., t>l't .5'TItTUTl'S DE' LINllTA-TlnNlj; ARI' !lAirI'll'> ('1(,( iUB'
DATE OF DISCOVERY OF THE SITUATION.
PLAINTIFF has siUJ,.st"al'l!;;i,j,l ("vi,1er:c~ "l';cf li:€st-i....ony to I'.r.ve that
DATE OF DISCOVERY TO PROVE ACTUAL DATE FOR STATUTES OF LIMITATIONS should be
aprox. NOIf"",h"y ji'.,nCJ911 not the date tl>~ llefc.Il"da-",l!:; ha.,. d a-}I~e tf) he
as Nov. 1,1998. THe CLAREMONT MEDICAL RECORDS were never received by
Hilda B. Stewart(wife of decedent) until the morning of Nov. 9,1998 and
were not revie\,ed until afte.r George G. Stewart's Memoria 1 Services held
the week-end of Nov.14, 1998(Saturday). This is Fact.,. .Therefore, P lainti ff
can prove STATUTES OF LIMITATION started aprox. Nov. l6,:b998...none of the
STEWART FAMILY had visited CLaremont Facility prior or duri11g t])e al1edge~
incidents. Therefore,this Plainti,ff could not l!C:lve kno,^'fJ v7hat l!ad occurred
on Nov.1,1998,as the Defe.ndant:. cla.tltls. TherefOTt~,Let L~lis Court Rck.nov,71e.c.ge
Plaintiff's aprox. Date for Discovery to set ~tatutps of Limitations as
being Nov.16,1998,as Plaintiff asserts. Documentation and Testimony to be
included in brief materials.
. (j.f..: /)e.{(!h clu.....T1s fAr,..y-",(4d ;l..rf 3 J
~'PLAINTIFFIS (l)FIRST AMENDED COMPLAINT was inltally tl,e S1"ne as tJ,c.
original filed Complaint...exc:er,t th~"Offici,d Right to De.fend" was attachec,
Th. Caption of the Original and (1) first Amend.l,'!.8 CO:l1p~_iiint~ Jldtl"DEJdJlL-^.. =::..
COLLINS"-Plaintiff in the.. Caption. At this point le.t 1:' be k:Ho'\;,,'n t.-.]!.':'lt
this was the first time this.Plaintiff Aver fiJ.pd nny C()nl1)1~iil1ts ~n~ h?f
learned by eXPerience. I realized that I
should have been the "TO BE
APPOINTED NEW PERSONAL REPRESENTATIVE FOR THE ESTATE OF GEORGE G. STEWART"
and therefore, a (2). SECOND AMENDED COMPLAINT was filed,... .Caption
t:,entionec: UEPNNA K. COLLH!S-Truste'o l.c litel"t-M..-m.e.{::<;T/l-T< of- (/iVPii.c 6, STEWfW..i.
PLAINTIFF had mentioHEc. to De.f(~.1.(~:rlj:::; l\ttn:r'Y!Ic'}' tL.flt vPY'j 1 :t.l~f;.ly
Hilda B. Stewart was ill the FrOCE;SS of REr~UNCIP,TION. Defendant's p,ttor]~fJ.y,{~'J.:eA_
to acknowledge this fact. Hilda B. Stewart actually RRNUNCIATED on
Nov.7,2000....~~Prj.or t.o any party fili'ne any Complajpl' C:lgair1st ct1!Y Fort')
especially,Rosemary Dailey Bathavic,in regard to this case.
The.refore.,this said Estate was \l.Tithout. a legal persoTl81 representative.
nil d a F,. S t e "'- art h & d rn E: n t i 0 r, E. d t 1 fat ~~ s. Co 11 illS "" a s t 0 be a p poi n t e, d a 1"1 d
over time all other' nec~ssary persons also RENUrCIP,TEt" aTJC' al} efficie-II
cJ 0 c Un!!:.' n t s
y."~""(J _pVfse.ni~(l' te ~he
CCJljrt t.o ~'lr9int
(141 CJ:L
Ms. ColI j, Tl S 8 S
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newly appointed Executrix of the Rstate of George G. Stew*rt
'Dat,., of Deanna ~(. Collins "p,)ol),t",e.llt as t;xecutrlx: rrtl+f1t-# .5 ,,'J--()--(J I
(U i A,ft t)ekAd....~ f",J....1'~<<ph~ I Tf,rw 7)
3. Plaintiff states that during the filing of the Original Complaint
and all other Complaints this said Estate was wit}lout a personal
Representative.....Hilda B. Stewart(wife of decedant) had RENUNCIATED on
Nov.7,2000... ..u,,:! therefore,Deanna K. Collins acted in ''cood Faith" for the
heirs Df thi,s Estate wJ;'€J"i she fi.Je'~ any linG. ;all Cornplclnts of tl:is cas(~
against Rosenlary Dailey Batha,' Ic..C D~cL<Lr>r)
Vi;;:: l)er~7'5 C<t7 f<f.-K-'7r...pAsJ
~ DEFENDANT'S PRELIMINARY OBJECTIONS are to PLAINTIFF'S (3)
THIRD AMENDED COHPLAINT..,.,here Hs. Collins il'cll""ofed ltildla l"- $te..,a.t" :in \J,e
Caption of the Complaint.......
Plaintiff after being unable to deal with the Defending Attorney concerning
Hilda B. Ste'''arti~ I'ossihly RENUNCIATING....., and this Defending
Attorney's unacceptance of this fact.... "Pl.."intiff Hdde.d Hilda B. StewCi,rt
as Executrix to Caption....kmowing that Mrs. Stewart had already
given her RENUNCIATION..... this helped to continue this case without
earlier rejection. Plaintiff in her (2) SECOND AMENDED COMPLAINT had
used in the < Caption: DEANNA K. COLLINS-Trustee ,\.d lite!:l fo"c the Estate of
GEORGE G. STEWART
The Defending Attorney did not accept the Caption of this (2) SECOND AI1ENDED
COMPLAINT and Plaintiff was not yet appoint~i. Therefore,Plaintiff Amendec as c
solution. ,
f / M ;'ififf't;
~'PLAINTIFF '.S
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ANSWER TO DEFENDANT'S PRELTfV\.IlJARY OBJECTIONS to
AHENDED COHPLAINT as follcn,s: (/?,&: Deh.~nt's'lli f"-r-6.jra.pJ.s)
(3 )
THIRD
****;'*Ma7'l~N TO STRIKE INCLUSION OF AN ADDITIONAL PLAINTIFF AFTER
THE STATUTf-.OF LUnTAT~ONS HAD EXPIRED,,*;,..,.,'cc"''(Objection of Defendant)
, *;'*"*"";'~~rj-ff'$' A-'I'19W~"'; Plaintiff knew Hilda B. Stewart could not be added
as mentioned above. Apparently,-this !)@f.,....ding A1:1"r",ey lacked actua 1
documentatic)l1 to substantiate that Hilda B. Stewart lblld a.t.l"eady
Renunciated on Nov. 7,2000 and lost her right to have legal standing.
PlaIntiff was to be appointed(Ms. Collins) Therefore, PlaintIff acknowledges
~c:JjlYlff5:f,tewart would not affect tI.e legality of the Cornplatl\t.
However,D~fendJng Attorn(:y tthbUe;ht- o-th~rJ16ist', iir.d. W:<H\\teofl (aslY~ disli1is EE:C
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Plaintiff's ANSUER
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regarding "NOTIOt~ TO STRIKE an
a<",c_i t ),OTli'i 1
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after Statutes of Limitatians(Hilda B. Stewart) in this c~~~ lS
acceptable to this Plaintiff,Ns. Collins. Plaintiff's (3)THIRD AHENDED
COM P L A I lJ T was f i 1 e d ''lH n x. l>~lIi... B, .2 0 ClIO , WoU 1 [< ft e r t M :> f..t i".:i me.,
~}-:erefcre ,thi8 rl[:.1'nt.:i. ff W411 r~.$t1l:c.t- PlS. 1)athi:tvr:L.!~! 50 -re'!:ftU\.({,::s:-t:: f'D G1fT:i 1~ {,
all references to Hilda B. Stewart fro", this complaint. {It COl'J?.ECTED
C/YP7irm; LJ/'J-5 of\! t..{J/.-, AmEJJD/zD (jjtr1Nff/~JT - S;rrn<: Irs Cfrf'fTON ON
:2 ,,4 A-~'" d....4 Co IY1 P I IJ- i,'1t, (SA-lon <- )
*<dn','c;"*PLP,INT1FF'S AllSVlFR TO DEFENDANT'S "DEMURREF: TO CLATMS OF
DEANNA K. COLLINS IN PLAINTIFF'S(2)SECOND AMENDED COi'\PLAINT" is as folle",,,,,
(f.f..: Pdi."J.."r is /..emff!',k" ~ /)
t. Plaintiff has legal standing and capacity to bring a lawsuit for
WRONGFUL DEATH for George G. STEWART against ROSEMARY DAILEY BATHAVT C.
Ms. Collins has been appointed as the new Executrix of Mr. Stewart's
Est ate. m A-te.e fI ~/ ~ I
(I?E: !)e-felldaAl'f's !funll-d#.))
2. Plaintiff has legal standing and capacity to bring a lawsuit for Medical
Negligence against Hs. Bathavic, Hs. Collins lna5 been ~l'~",intec "t"h" n4t-'"
Executrix of Mr. Stewart's Estate. tn ~fLC.ff 5, J.-STOJ ,.
(I?E ~ b~.fv,,1a-,,1 /, tunA#;..Jot. 3)
3. Plaintiff's (3)TllIRD COMPLAINT should never been produced..,but was
created to sustain this case unt.il actual appulntnlent of !.~1s.. Collins a:.:; 1.:11('
new,legal Personal Representative of Mr. Stewart's Estate without this C/Ht!.
being dismissed earlier. This said Estate was without a PerRon.J
Representative initially,however, the transfer of t.itlp from Hilda Stewart
as the. original Executrlx,to Hs _ Collin later heing appOiT"lted ..vas in
the
process and transfer was completed
ColI i. n s Was 0 f: f i ci ,i 1 1 Y <!It> till hd:e d: hy
( tiE : D~fv...d"VnT iJ 1\E./11/Ht( % 3 )
4. Plaintiff's (3 )THIRD AHENDED COMPLAINT p<erhapj, .;lid n"t C",.,J.rrll' t: c~ law or ru l~
"f C",urt.,h'h'>L:"..x,j;)JOf~di\.-J\,\IS Jl,tfO'OI,I!'f failed tl1er~c.o~niu l;~a.f:~. celli"s
\,\ ./
was the t 0 b ~ a p poi n t e. d n e. w Ex E_ C. u t t' 1. x. T his At tor ;H~ y r,~ j f~ C, f-=-_ e {~ P 1 a i. 11 t-, ..1: f f ' ~,
(2) SECOND AMENDED COMPLAINT:DEANNA K. COLLINS-Trustee Ad 1 itel. for t.J,,'
on J111t f-C it S- /)..()-fj- /
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t~a); < Ii lt1e.cOl\.l<-ri" .
Ms.
ESTATE OF r.E(JJ::~E G. STEWART as such appeared in the_ Capti €.:)j''-t of this (2) Se_colll~
Ca",ptl>.int .Platn:tiff did not include any impertinent or5:C,;flrn1trious matter.
Ms. Collins never inferred any such i.nformrltion In hF.l' c.on1pl.;ints. There was
a reference to the loss of an Indepenc-E'nt rE:'_(,,):cdtng C...:)}!t:r.iS.ct: 1.,y l-.~s. Collirl~;.
Tj,i.~ was not a ?er~v'l\<ltl cL\Hi>I but a claim that involved t:J1e Es:aU, of
rn t.. S7f V'; Iye-F,
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George G. Stewart's musical creations were to be sung an~ professionally
recorded by his daughter,Ms. Collins, who had landed an INdependent
recording contract in Nas~ville,Tenn. and said Estate lost financial
gains due to incompletion of tllis musical project. This was not a
scandalous or impertinent matter for th1.5 illvolved Nr. Stewart's affairs as
well as Ms. Collinst . George G. Stewart and his daugllter,Ms.
ColI in s
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established a busine.ss relationsllip from the fnll of 19S7 when she first
was succ.essful in usi.ng Hr. Stewart's musi.cal co:npcJsiti.~)ns i:n ;1e.-r si.:.ag,-'.
performances that
1998. This can be
helped her land ~e.r Independen~ recording contract in
, .' ?'e[
proven via sunstanti.a.l d,)c.umentatJcn't. T7J be "J"lt-kAe..d il') 15/') t
."*****Th e r', f 0 ,." ,In I\i n t Iff'!t ecmp lal l\tfi ~/{"""i:; )'Ill>. 8~tIl.tIl!.VlC, fJ~.(e"&<<.nct,
were never inpertinent Qr sc~ndalous or irrelevant to this case.
(f\fi : j)e~{t\4L.,.jIs Rf",1lf1{ IO>:"lf)
$.Plaintiff's complaint(2) SECOND AMENDEI' CC'VPLAINT is LEGALLY SUFFICIEVl' Rnd
should be Accepted by this Court.
This(2)SECOND AMENDED COHPLAINT was written ;JY the persoll t1,at
has beendfficially appointed by tIH? Court as thl~_ legc11 Persohal
Representative of the Estate of George G. Stpwart,Ms. Coll,ins. ThePlaintiff
of this case has Legal standing an~ Capacity to pUrS\12 bot}, t}le
Medical Negligence and Wrongful Deat!l ~:'ilH:-.ct.:; of thE. Complaints
that have been filed by said Plaintiff. T]le cOfiterlt& of tte CO~lplaint are
specific and detailed as to date and timec of alledged incidents against
Defendant,Rosemary Dailey Bathavlc. Therefore,Plaintiff
has filed a complaint sufficient eno\lgh to maintain a legal
lawsuit again.st this defendarlt. Perhaps this Plaint.iff's vriting skills al.'t'
not as exacting and profic1.ent as a more experienceJ attortley's complaints
would have been written....h\lt in due resp~ct..This PlaiJltiff
has t':1," CapaQity and legal standing to proceed with this latJsuit and
request this Court to acknowledge thRt Plaintiff'. Complaint i. legally
sufficient enough inspite of inexperience.
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.THIS PLAINTIFF REOUESTS THIS COURT NOT DISMISS THIS COMPLAINT BUT TO
-
LET THIS CASE PROCEED INTO JURY TRIAL in the best interest, of ~lt,-",::
involverl p~r_~iPI.
THIS PLAINTIFF will present legal documents to establish the following:
1. The legal appointment of the original Executrix,HILDA B. STEWART(wife of
decedant)....dated documents which OPENED this Estate.
~. The RENUNCIATION of HILDA B. STEWART...naming DEANNA K. COLLINS to be the
newly appointed Executrix(Trustee Ad litem) of this said Estate.....and
the Renunciation of other heirs to this Estate. ^(~. 1( ~~~O
jr.The Court Document that officially Appointed Deanna K. Collins as the
newly Appointed Executrix of this said Estate. mll~ If 5()-A-o/
4. The SWORN STATEMENT of HILDA B. STEWART(wife of Decedant) proving that
the da,te "f, D~v~ WM "'frey., NOl/u.,ber 1(4._ Jr99 t:)r sl'J~ ~~,
-t-" r:.. t ,. Li..Ull 5,0./1 as.
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5. ESTABLISH DATE OF DISCOVERY: SWORN STATEMENT of Other involved
Parties to prove DATE OF DISCOVERY for this Case was aprox. NOv.16,1998.
Although thedate of the alledged Negligence occurred on Nov.7,1998 into
the early A.M.(Morning) Hours of Nov.8,1998...the STEWART FAMILY did not
review any of the Claremont Nursing Records until aprox. Nov.16,1998
by Deanna K. Collins and even later by Hilda B. Stewart(wife of Decedant)
and Other Parties to this Case.
6.Documentation to establish Financial Connection of the late
GEORGE G. STEWART(Decedant) to his Daughter,Deanna K. Collins~
Regarding loss of INDEPENDENT RECORDING CONTRACT
for Ms. Collins for
which Musical Compositions eof George G. Stewartt were to be used for
recordings during this action. Although perhaps Ms. Collins could have
pursued the WRONGFUL DEATH ACTION of her own accord......THIS PLAINTIFF
is pleased to representc6he interests ofcher mother,Hilda B. Stewart(wife
of Decedant). It seems Hilda B. Stewart failed to take legal actions on her
ownin the set time limits and due to personal circumstances this entire
situation became the obligation of Ms. Collins(Plaintiff).
THEREFORE,this Plaintiff ,DEANNA K. COLLINS, wishes to;.inform this;'; <.
COURT that SHEchas proper Legal Standing and Capacity to pursue both
of the following legal actions against Defendant,ROSEMARY DAILEY BATHAVIC:
(l)SURVIVAL AG~I.nQill
and (2) WRONGFUL DEATH ACTION
as the rightful APPOINTED EXECUTRIX(Trustee Ad litem) for the i:':.~l+;rJe. of
CiC.DR6f. G. STE.W~T. 1Ju:....,~ (>J.luvn...~Jj~~~-fV.
1f..ere-{oreJrh:S P/,+/~t/.(['.~~a;/1_I?E (j) Clf-STs fh/s COli-rT'N T d/$''w,:S$ 7Jvs
ComP/It/rl7-blA-t Ie/This C/f-Sc Pl?aCEEfJ ,'i,/!D Jul2.!} TIfJ/J--!,
{tl{. fMUc Will be.fJre-5eI)7~d To es1ttM5'/, Ihe-I?I.Jh7 p 'PCll!StlL, -Sa-I;;
/eJff/ ftcrlMS a.yCUIIST thIS De-fi1dt14T., (/?'ost.mttnj PM/e.,! 81t-1hA--lI'tc)..
SIJn~~~V( ~ ~'/:uu11'1;
(Twsl<e<: /fd liie-Iff )
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S -..?I-01
DEANNA K. COLLINS,
Trustee Ad litem for the
ESTATE OF GEORGE
G, SEWART,
Plaintiff
IN THE COURT OF COl\1MON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
ROSEMARY DAILEY
BATHAVIC,
Defendant
NO, 00-7949 CIVIL TERM
ORDER OF COURT
AND NOW, this 31st day of May, 2001, upon consideration of a document filed
by Plaintiff on May 29, 2001, entitled "Plaintiff s Answer to Order of Court dated: May
18, 2001," and it appearing that Plaintiff has misconstrued the order of court, Plaintiff is
directed to file an answer to Defendant's preliminary objections, responding paragraph by
paragraph to the allegations therein, and thereafter to proceed in accordance with the
balance of the order of May 18,2001, on a timely basis,
Deanna K. Collins
46 Willow Street
Highspire, P A 17034
Plaintiff, Pro Se
BY THE COURT,
Charles E. Wasilefski, Esq.
2931 North Front Street
Harrisburg, PA 17110-1280
Attorney for Defendant
ViNV!il'\SM~3d
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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
VS.
CIVIL ACTION-LAW
ROSEMARY DAILEY BATHAVIC
NO: 00-7949 CIVIL TERM
Defendant
PLAINTIFF'S ANSWER TO ORDER OF COURT dated: May 18,2001
RE: Preliminary Objections of Defendant,ROSEMARY DAILEY BATHAVIC, to
Plaintiff's Complaint.
THE PLAINTIFF(DEANNA K. COLLINS) wishes to inform this Court that
she will DEFEND her rightful position to pursue legal action
against ROSEMARY DAILEY BATHAVIC,Defendant.
THIS PLAINTIFF REOUESTS THIS COURT NOT DISMISS THIS COMPLAINT BUT TO
_LET THIS CASE PROCEED INTO JURY TRIAL in the best interestitofn.~t~.t
invnlvprl pAr,~i~~.
1
THIS PLAINTIFF will present legal documents to establish the following:
1. The legal appointment of the original Executrix,HILDA B. STEWART(wife of
decedant)....dated documents which OPENED this Estate.
2. The RENUNCIATION of HILDA B. STEWART...naming DEANNA K. COLLINS to be the
newly appointed Executrix(Trustee Ad litem) of this said Estate.....and
the Renunciation of other heirs to this Estate.
3.The Court Document that officially Appointed Deanna K. Collins as the
newly Appointed Executrix of this said Estate.
4. The SWORN STATEMENT of HILDA B. STEWART(wife of Decedant) proving that
the da.te ..fjpi.scovc.t"~ WM Ptfr~y.. Novunbe..r 1f6) J<frl Or stl"'''r~J ~ ~
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5. ESTABLISH DATE OF DISCOVERY: SWORN STATEMENT of GOther involved
Partie. to prove DATE OF DISCOVERY for this Case was aprox. NOv.16,1998.
Although thedate of the alledged Negligence occurred on Nov.7,1998 into
the early A.M.(Morning) Hours of Nov.8,1998...the STEWART FAMILY did not
review any of the Claremont Nursing Records until aprox. Nov.16,1998
by Deanna K. Collins
and Other Parties to
and even later by Hilda B. Stewart(wife of Decedant)
this Case. S-rB'IU-rt.5 /l,P 1-lm'iTJ'l-Tl'oJ,/-S fhf<f B/i-S,€O oAf
J;~ tJ -f DIsCO Vf!I''j,
6.Documentation to establish Financial Connection of the late
GEORGE G. STEWART(Decedant) to his Daughter,Deanna K. Collins.--
Regarding loss of INDEPENDENT RECORDING CONTRACT for Ms. Collins for
which Musical Compositions o~f George G. Stewantt were to be used for
recordings during this action. Although perhaps Ms. Collins could have
pursued th~ WRONGFUL DEATH ACTION of her own accord......THIS PLAINTIFF
is pleased to re~pEsenbt6h~ interests olIher mother,Hilda B. Stewart(wifep
of Decedant). It seems Hilda B. Stewart failed to take legal actions on her
ownin the set time limits and due to personal circumstances this entire
situation became the obligation of Ms. Collins(Plaintiff).
THEREFORE,this Plaintiff,DEANNA K. COLLINS, wishes toiinform thi;;nIc",",
COURT that SHRehas proper Legal Standing and Capacity to pursue both
of the following legal actions against Defendant,ROSEMARY DAILEY BATHAVIC:
(I)SBRVIVAL K61ImMem and (2) WRONGFUL DEATH ACTION
as the rightful APPOINTElF'EXECUTRIX(Trustee Ad litem) for the i!f1fiM'il'! of'
C.t.OR.(!jE 6. STE.VI~/. ~~ f>..ViA~~j1~-€/.
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DEANNA K. COLLINS,
Trustee Ad Litem for the
ESTATE OF GEORGE G.
STEWART,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
v,
CIVIL ACTION - LAW
ROSEMARY DAILEY
BATHAVIC,
Defendant
NO. 00-7949 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT
BEFORE HOFFER. P.J.. OLER and GUIDO. JJ.
ORDER OF COURT
AND NOW, this 15th day of August, 2001, after careful consideration of the
Preliminary Objections of Defendant, Plaintiffs Answer, and the briefs and arguments in
support thereof, and for the reasons stated in the accompanying opinion, Defendant's
demurrer is sustained and Plaintiffs complaint is dismissed, Defendant's motion to strike
references to Hilda B. Stewart is deemed moot.
BY THE COURT,
Deanna K. Collins
46 Willow Street
Highspire, P A 17034
Plaintiff, Pro Se
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Charles E. Wasilefski
2931 North Front Street
Harrisburg, PA 17110-1280
Attorney for Defendant
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DEANNA K. COLLINS,
Trustee Ad Litem for the
ESTATE OF GEORGE G,
STEWART,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
v.
CIVIL ACTION - LAW
ROSEMARY DAILEY
BATHAVIC,
Defendant
NO, 00-7949 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT
BEFORE HOFFER. P.J.. OLER and GUIDO. JJ.
OPINION and ORDER OF COURT
OLER, J" August 15,2001.
This case arises out of allegedly negligent care provided by Defendant Rosemary
Dailey Bathavic, a nurse for the Claremont Nursing and Rehabilitation Center, which
purportedly resulted in the death of a resident of that facility, George G. Stewart, on
November 9,1998.1 On November 9, 2000, Plaintiff Deanna K. Collins filed a complaint
on her own behalf as the daughter of the decedent. 2
In a series of amendments, the caption of the original complaint was modified to
name Plaintiff as "trustee ad litem" for the estate of George G. Stewart,3 and to include as
a co-Plaintiff Hilda B. Stewart, purportedly the widow of the decedent.4 The amended
complaints stated that Plaintiff sought compensation for the losses in the value of the
1 Am, Comp!. Medical Negligence and Wrongful Death, filed Jan, 22, 2001, at 3
(hereinafter Fourth Am. Comp!.).
2 Comp!. Medical Negligence which resulted in a wrongful death situation, filed Nov. 9,
2000 (hereinafter Comp!.)
3 Fourth Am, Compl at 1,
4 Am, Comp!. Medical Negligence and Wrongful Death, filed Dec, 8, 2000, at 1
(hereinafter Third Am. Comp!.).
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estate of the decedent, including the value of Plaintiff s music recording contract, which
was allegedly lost due to the death of the decedent.5
Defendant filed preliminary objections which were collectively denominated a
"demurrer," raising issues as to standing and capacity to sue, conformity to law or rule of
court, inclusion of scandalous and impertinent matter, specificity, and legal sufficiency,6
Defendant also filed a preliminary objection in the form of a motion to strike references
to Hilda B. Stewart, on the ground that she was being added as a party plaintiff after the
applicable two-year statute oflimitations had run,7
By order of court dated May 18, 2001, Plaintiff was directed to file an answer to
the preliminary objections, and both parties were directed to conduct depositions for
purposes of development of a record, pursuant to Pennsylvania Rule of Civil Procedure
206.7,8 Plaintiff filed an answer to the preliminary objections and submitted a brief in
support thereof, but no depositions have been filed.
Based upon the record as it exists, and for the reasons stated in the accompanying
opinion, a demurrer will be sustained, Because of this disposition, Defendant's motion to
strike references to Hilda B, Stewart will be deemed moot.
STATEMENT OF FACTS
The present action at law was commenced on November 9, 2000, by the filing of a
document titled "Complaint of Medical Negligence which resulted in a wrongful death
situation." The caption listed Deanna K. Collins as the Plaintiff. The complaint consisted
ofa one-page claim for $85,000,00 by Plaintiff as the daughter of George G. Stewart, due
to unspecified negligence on the part of Defendant which resulted in the death of
5 E.g., Fourth Am, Compl. at 4. In the interest of a cohesive disposition of issues, the
court will treat Plaintiffs second, third and fourth amended complaints as a connected
series. Op. and Order ofCt., dated May 18,2001, at 2 n,6; see Pa, R.C,P, 126,
6 Def.'s Prelim, Objections, filed Jan, 11,2001, paras. 8-11.
7 Id. at I.
8 Op, and Order ofCt., dated May 18,2001, at 8,
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Plaintiffs father, a resident of Claremont Nursing and Rehabilitation Center.9 The
complaint did not specify the nature of the losses for which damages were being sought.
The complaint contained the observation that "the Estate of George G, Stewart is
pursuing a Wrongful Death Lawsuit of its own."1O
On November 16, 2000, without leave of court or agreement of the parties,
Plaintiff filed a (first) amended complaint. It replicated the original complaint, with the
addition of a more formal notice to defend." On December 4, 2000, Defendant filed
preliminary objections to the amended complaint, raising issues as to standing and
capacity to sue, conformity to law or rule of court, inclusion of scandalous and
impertinent matter, specificity, and legal sufficiency. 12
On December 6, 2000, in response to the preliminary objections and as permitted
by Pennsylvania Rule of Civil Procedure 1028(c)(1), Plaintiff filed a (second) amended
complaint, titled "Amended Complaint of Medical Negligence and Wrongful Death." It
was filed in the name of "Deanna K, Collins-Plaintiff (Trustee ad litem for the Estate of
George G. Stewart[)]," and purported to represent the interests of "myself and all the
beneficiaries of said Estate whom I legally represent and initially failed to mention.,,13
The (second) amended complaint was basically in narrative form and contained
several specific allegations as to negligence leading to the death of the 82-year-old
decedent. The complaint alleged that Defendant, as a nurse at Claremont Nursing and
Rehabilitation Center, failed to act according to her duty to provide medical aid to the
decedent after she became aware that he was in a "comatose condition,,,14 The complaint
9 Comp!.
10Id.
11 See Am. Comp!. Medical Negligence which resulted in a wrongful death situation,
filed Nov. 16,2000 (hereinafter First Am. Comp!.)
12 Def.'s Prelim. Objections, filed Dec. 4, 2000, paras, 1-6,
13 Am. Comp!. Medical Negligence and Wrongful Death, filed Dec. 6, 2000, at 1
(hereinafter Second Am, Comp!.),
14 Second Am, Comp!. at 1,
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indicated that the decedent remained in this condition for more than an hour before he
was taken to a hospital, where he died soon after, apparently without regaining
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conSCIOusness.
The (second) amended complaint included claims for damages in the amount of
$85,000 based on the "Pain-Suffering, Personal, and Financial losses due to the untimely
death of [George G,] Stewart.,,16 It alleged that Plaintiff recently had signed an
"Independent recording contract," for which she would perform songs composed by the
decedent, and that the loss ofthis contract "was a significant financial loss to the value of
the Estate.,,17
On December 8, 2000, without leave of court or agreement of the parties, Plaintiff
filed a (third) amended complaint, titled "Amended Complaint of Medical Negligence
and Wrongful Death," It basically reiterated the allegations of the prior amended
complaint; however, the caption was revised again to name as plaintiffs "Hilda B.
Stewart-Executrix & Deanna K. Collins (Daughter}-Plaintiffs In Pro Per for Estate of
George G. Stewart." The complaint stated that the plaintiffs were "[a]cting Jointly
together As In Pro Per Plaintiffs," and that Plaintiff represented the interests "of myself
and all the beneficiaries of said Estate whom I legally represent.,,18
On January 11, 2001, Defendant filed preliminary objections to the (third)
amended complaint. The objections included a motion to strike references to Hilda B.
Stewart, executrix, on the ground that she was being added as a party plaintiff after the
applicable two-year statute of limitations period had runl9 and a "demurrer" to the
underlying claims which was based upon the following specific contentions:
Plaintiff lacks standing and capacity to bring suit against Defendant,
Bathavic, for the death of George G, Stewart.
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Id. at 2-3,
16Id. at 4.
17Id.
18 Third Am. Compl. at I,
]9 See Def.'s Prelim. Objections, filed Jan. 11,2001.
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Plaintiff lacks standing and capacity to bring suit against Defendant,
Bathavic, for medical negligence.
Plaintiffs Complaint fails to conform to law or rule of court and
includes scandalous and impertinent matter.
Plaintiffs Complaint is legally insufficient and must be dismissed,zo
In response to these preliminary objections, Plaintiff filed a (fourth) amended
complaint, titled "Amended Complaint of Medical Negligence and Wrongful Death," in
which the reference to Hilda B, Stewart as a plaintiff was deleted, The complaint named
"Deanna K. Collins-Trustee Ad litem for the Estate of George G. Stewart" as the plaintiff
and stated that Deanna K. Collins had been "appointed Trustee Ad litem for the Estate of
George G. Stewart." It otherwise basically reiterated the allegations ofthe prior amended
complaint.21
Notwithstanding the latest amended pleading, the parties proceeded to oral
argument on the earlier preliminary objections on February 14, 2001. About a month
after the oral argument, Plaintiff filed a (fifth) amended complaint, without leave of court
or agreement of the parties, and beyond the time for doing so of right in response to
preliminary objections,z2 The (fifth) amended complaint has been stricken by the court as
untimely.23
In an opinion dated May 18,2001, the court found that the record was insufficient
to dispose of the preliminary objections, specifically regarding "the history, in terms of
the personal representative, of the estate of George G. Stewart, , , [and] the financial
relationship between the decedent and his daughter."24 For purposes of development of a
record for disposition of Defendant's preliminary objections, the court issued a rule to
show cause upon Plaintiff, in which Plaintiff was directed to file an answer to the
20Id. paras, 8-11.
21
See Fourth Am, Comp!.
22 Am. Comp!. (1) Medical Negligence (2) Wrongful Death, filed March 16, 2001
(hereinafter Fifth Am. Comp!.),
23
Op, and Order ofCt., dated May 18,2001, at 8,
24Id. at 5-6 (footnote omitted).
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preliminary objections and both parties were directed to complete depositions and submit
briefs on the matter,25
Plaintiff filed an answer and submitted a brief, but no depositions have been filed
by either party,26 With respect to Plaintiffs status as personal representative of the
decedent's estate, Plaintiffs answer averred that Hilda B, Stewart had "renunciated" her
position as personal representative on November 7,2000, and that, therefore, "during the
filing of the Original Complaint and all other Complaints [the estate of George G.
Stewart] was without a Personal Representative.',27 Plaintiff averred that she had been
appointed as personal representative for the estate of George G. Stewart on March 5,
2001, and that she had acted in "Good Faith" in filing the prior complaints,28
With respect to the fmancial relationship between the decedent and Plaintiff, the
answer basically reiterated allegations in the prior complaints, Plaintiff averred that she
and her father had been involved in a "business relationship," and that she recently had
obtained an "Independent recording contract" to record songs composed by the
decedent?9 The answer alleged that the "Estate lost financial gains due to incompletion of
this musical project.',30
25 Id. at 8. The court stated that the preliminary objections would be decided under Pa.
R.C,P, 206.7. Id.
26 Plaintiff actually filed two answers to the preliminary objections, Plaintiff filed the first
answer on May 29, 2001, but this answer was deemed insufficient as a response to the
preliminary objections. Order ofCt., dated May 31, 2001. The court, however, permitted
Plaintiff an opportunity to file an amended answer "in accordance with . , , the order of
May 18,2001, on a timely basis." Id. On June 6, 2001, Plaintiff filed an amended answer,
Pl.'s Answer to Order ofCt., filed June 6, 2001. All citations in this opinion to Plaintiffs
answer to the preliminary objections refer to the amended answer,
27 PI.'s Answer to Order ofCt., filed June 6, 2001, at 5.
28 Id.
29Id. at 7,9.
30Id.
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DISCUSSION
Statement of Law
Preliminary Objections. In reviewing a preliminary objection in the nature of a
demurrer, which challenges the legal sufficiency of a complaint, the court must "must
accept all material facts set forth in the complaint as well as all the inferences reasonably
deducible therefrom as true," Powell v. Drumheller, 539 Pa. 484, 489, 653 A.2d 619,621
(1995). If a court orders the parties to take depositions for the purposes of development of
a record on preliminary objections, and depositions are not conducted, all facts properly
pleaded in the answer to the preliminary objections will be deemed admitted, Pa. R,C,P.
206,7(c). A preliminary objection in the nature of a demurrer should be sustained only
when, "on the facts averred, the law says with certainty that no recovery is possible."
Powell, 539 Pa, at 489,653 A.2d at 621.
Survival Action. The basic statutory provision respecting survival of actions
appears at 42 Pa. C.S.A. 9 8302, and provides as follows:
All 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, No. 142, 92, 42 Pa. C,S.A. 98302 (West 1998 & Supp,
2001). 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 Pa. Transp. Auth., 529 Pa. 588, 597, 606 A.2d 427, 431 (1992) (quoting
Pezzulli v. D'Ambrosia, 344 Pa, 643, 26 A.2d 659 (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
7
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the time of injury until death, Nye v. Pa. Dep't of Transp., 331 Pa, Super, 209, 214, 480
A.2d 318,321 (1984),
Wrongful Death Action. The Wrongful Death Act provides, in pertinent part, as
follows:
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, , , .
. . , [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. . , ,
Act of July 9, 1976, P.L. 586, No, 142, ~ 2, as amended, 42 Pa. C,S.A. ~~ 8301(a), (b)
(West 1998 & Supp. 2001), Damages recovered under this statute "are not part of the
decedent's estate, but rather are compensation to individual members of the family for
their loss." Tulewicz, 529 Pa, at 596, 606 A.2d at 431.
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, 246 (1997). Accordingly, in
order to recover under the statute, plaintiffs must show that they 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),
Application of Law to Facts
Survival Action. In the court's view, Plaintiff has not alleged sufficient facts to
permit recovery in a survival action. In a survival action, the personal representative of
the estate of the decedent may recover damages to which the decedent would have been
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entitled both for pain and suffering from the time of injury until death and for lost earning
potential, less personal maintenance expenses, over the decedent's estimated life-span.
Plaintiff Collins, however, seeks recovery for losses sustained by Plaintiff, including loss
of consortium and of her "Independent recording contract.,,3l Plaintiff has not asserted a
claim based upon a contention that the decedent experienced pain or suffering from the
time of the negligent act until his death,32 that the decedent had any significant earning
potential which was lost, or that this earning potential would have exceeded his personal
maintenance costs. In short, Plaintiff has not alleged any pertinent losses sustained by the
decedent, and, therefore, cannot recover damages in a survival action,33
WrongfUl Death Action. In the court's view, Plaintiff has not alleged sufficient
facts to permit recovery in a wrongful death action. To recover under the Wrongful Death
Act, Plaintiff must show that she suffered pecuniary loss as a result of the death of the
decedent. Plaintiff, however, has not averred any facts that suggest that the decedent
contributed support to Plaintiff with "reasonable frequency," or that she was deprived of
expected support because of his death, The facts, as alleged, suggest that Plaintiff and the
decedent were involved in a "business relationship" and that she lost a recording contract
with an independent producer due to the death of George G, Stewart,34 These facts do not
rise to the level of the deprivation of expected contributions from the decedent as
contemplated by the statute,
The court, in the order dated May 18, 2000, found Plaintiffs complaint to be
insufficient in terms of the financial relationship between Plaintiff and the decedent, and
issued a rule upon Plaintiff with a view toward supplementation of the record in this area.
3l PI.'s Answer to Order ofCt., filed June 6, 2001, at 7,9.
32 In fact, the complaint suggests that decedent was comatose and unconscious from the
time of the alleged negligent act until his death. Fourth Am. Compl. at 2-4,
33 Because of the disposition of the preliminary objections on other grounds, the court
will not address Plaintiffs ability to amend the caption of the complaint to identify
Plaintiff as personal representative of the estate of decedent following the expiration of
the two-year statute oflimitations period.
34 PI.'s Answer to Order ofCt., filed June 6, 2001, at 7,9.
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Plaintiff's answer, however, merely repeated previous allegations. Because Plaintiffs
answer failed to remedy the defects identified by the court, and, thus, failed to present a
viable claim, the court must sustain Defendant's demurrer and dismiss the complaint.
For the foregoing reasons, the following order will be entered:
ORDER OF COURT
AND NOW, this 15th day of August, 2001, after careful consideration of the
Preliminary Objections of Defendant, Plaintiffs Answer, and the briefs and arguments in
support thereof, and for the reasons stated in the accompanying opinion, Defendant's
demurrer is sustained and Plaintiffs complaint is dismissed. Defendant's motion to strike
references to Hilda B. Stewart is deemed moot.
BY THE COURT,
Isl J, Weslev Oler. Jr.. J.
1. Wesley Oler, Jr" J,
Deanna K. Collins
46 Willow Street
Highspire, P A 17034
Plaintiff, Pro Se
Charles E. Wasilefski
2931 North Front Street
Harrisburg, PA 17110-1280
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
One Courthouse Square,Carlisle,Pennsylvania 17013
DEANNA K. COLLINS-
Trustee Ad Litem fbr the
ESTATE OF GEORGE G, STEWART
Plaintiff
CIVIL ACTION-LAW
V.
ROSEMARY DAILEY EATHAVIC
NO: 00-7949 CIVIL TERM
Defendant
NOTICE OF APPEAL
NOTICE is hereby liven that DEANNA K. COLLINS,Trustee Ad Litem for
ESTATE OF GEORGE G. STEWART,Plaintiff herein,hereby appeals to the
the
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. . located in HarriSburg,
Pennsylvania, from the ORDER OF COURT entered this 15th day of August 2001 in
the above mentioned lower cvurt.....IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT
BEFORE HOFFER,P.J.,OLER and GUIDO,JJ..
This Plaintiff asks to APPEAl due to the misinterpretation of factual documents and
prejudiced, inferred speculations of medical situations of a Wrongful Death lawsuit
without proper expert doctor's factual testimony,therefore making an improper biased
judicial decision since the CUMBERLAND COUNTY NURSING HOME (CLAREMONT NURSING AND
REHABILIATION CENTER) itself is involved in this specific case.
Respectfully subfltitted. ~ t-
By: D~k.~1f(f".e;,,,.,.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
One Courthouse Squa~e,Carlisle,Pennsylvania 17013
LETTER OF SERVICE for NOTLCE OF APPEAh
DEANNA K. COLLINS-
Trustee Ad Litem for the
ESTATE OF GEORGE G. STEWART
CIVIL ACTION-LAW
Plaintiff
V.
ROSEMARY DAILEY BATHAVIC
NO: 00-79~ C1Yl~~c~
Defendant
LETTER OF SERVICE
I,DEANNA K. COLLINS,Trustee Ad Litem for the ESTATE OF GEORGE G. STEWART,
Plaintiff herein(Appellant) served upon the following party mentioned below:
a tru~,Certified copy of the NOTICE OF APPEAL for this specific case.
on this 14th day of September 2001.,as follows:
Copies to the following parties:
Honorable Judge Hoffer,P.J.
c/o Cumberland County Courthouse
One Courthouse Square
Carlisle,Pennsylvania 17013
Charles E. Wasilefski,Esq.
c/o ~f ~Ath Front Street
_~TriSburg,Pennsylvania 17110-1280
Attorney for Defendant ~ ~ ~
~mtMf-P,~~//'I/Mo/ .
Honorable Judge Oler,JJ.
c/o Cumberland County Co~ythouse
One Courthouse Square
Carlisle,Pennsylvania,17013
Hilda B. Stewart
1296 Warwick Road
Camp Hill,Pennsylvania 17011
Honorable Judge Guido,J.J.
c/o Cumberland County tourthouse
One Courthouse Square
Carlisle,Pennsylvania 17013
(wife of deceased) Pn^n:~
~maU!~~~
9/ IL/ )J401
Signed: ~K ~ - f/kJ f';f: tld
Trustee Ad Litem for /.J :J
~~ 6 the ESTATE OF GEORGE G. STEWART-Plaintiff
,-/0 J..j WI/mal ~
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~ PYS510
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2000-07949
CU~. la~d.County prot~onotarY'~.Office
I""'; Cl vll Case Inqulry (.;i
COLLINS DEANNA K (vs) BETHAVIC ROSEMARY DAILEY
1
Page
. Reference No. . :
ICase Type. .. . .: COMPLAINT
Judgment.... ,. ,00
Judge Assigned:
Disposed Desc. :
------------ Case Comments -------------
Filed, , . . . . , , :
Time,...",.. :
Execution Date
Jury Trial, , , ,
Disposed Date.
Higher Crt 1.:
Higher Crt 2,:
11/09/2000
4: 12
0/00/0000
0/00/0000
********************************************************************************
General Index Attorney.lnfo
COLLINS DEANNA K
46 WILLOW STREET
HIGHSPIRE PA 17034
BATHAVIC ROSEMARY DAILEY
121 WALNUT STREET
CARLISLE PA 17013
PLAINTIFF
PRO SE
DEFENDANT
********************************************************************************
* Date Entries *
********************************************************************************
11/09/2000
11/1612000
11/20/2000
12/04/2000
12/04/2000
12/06/2000
12108/2000
12/13/2000
1/11/2001
1/11/2001
1/22/2001
2/08/2001
3/16/2001
4/05/2001
4/30/2001
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
COMPLAINT - OF MEDICAL NEGLIGENCE
-------------------------------------------------------------------
AMENDED COMPLAINT - BY DEANNA K COLLINS PLFF
-------------------------------------------------------------------
AFFIDAVIT OF SERVICE - FOR COMPLAINT AND SUMMONS - BY DEANNA K
COLLINS PLFF
-------------------------------------------------------------------
PRAECIPE FOR LISTING CASE FOR ARGUMENT - PRELIMINARY OBJECTIONS OF
DEFENDANT ROSEMARY DAILEY BATHAVIC - BY CHARLES E WASILEFSKI ESQ
ATTY FOR DEFT
PRELIMINARY OBJECTIONS OF DEFENDANT ROSEMARY DAILEY BATHAVIC TO
PLAINTIFF'S AMENDED COMPLAINT - BY CHARLES E WASILEFSKI ESQ ATTY
FOR DEFT
-------------------------------------------------------------------
AMENDED COMPLAINT OF MEDICAL NEGLIGENCE AND WRONGFUL DEATH - BY
DEANNA K COLLINS PLFF
-------------------------------------------------------------------
AMENDED COMPLAIN TOF MEDICAL NEGLIGENCE AND WRONGFUL DEATH - BY
DEANNA K COLLINS
-------------------------------------------------------------------
AFFIDAVIT OF SERVICE FOR AMENDED COMPLAINT OF MEDICAL NEGIGENCE
AND WRONGFUL DEATH - BY DEANNA K COLLINS PLFF
-------------------------------------------------------------------
PRELIMINARY OBJECTIONS OF DEFENDANT ROSEMARY DAILEY BATHAVIC TO
PLAINTIFF'S THIRD AMENDED COMPLAINT - BY CHARLES E WASILEFSKI ESQ
FOR DEFT
PRAECIPE FOR LISTING CASE FOR ARGUMENT - PRELIMINARY OBJECTIONS OF
DEFENDNAT ROSEMARY DAILEY BATHAVIC TO PLAINTIFF'S THIRD AMENDED
COMPLIANT - BY CHARLES E WASILEFSKI ESQ
-------------------------------------------------------------------
AMENDED COMPLAINT OF MEDICAL NEGLIGENCE AND WRONGFUL DEATH
AFFIDAVIT OF SERVICE FOR AMEND COMPLAINT - BY DEANNA COLLINS
AMENDED COMPLAINT - BY DEANNA K COLLINS PRO SE
AFFIDAVIT OF SERVICE - FOR AMENDED COMPLAINT - BY DEANNA K COLLINS
ANSWER WITH NEW MATTER OF DEFT ROSEMARY DAILEY BATHAVIC TO PLFF'S
FOURTH AMENDED COMPLAINT - CHARLES E WASILEFSKI ATTY FOR DEFT
5/18/2001 PLAINTIFF'S RESPONSE TO DEFTS ANSWER TO PLFFS FOURTH AMENDED
COMPLAINT - BY DEANNA K COLLINS
-------------------------------------------------------------------
5/18/2001 ORDER OF COURT - DATED 5/18/01 - IN RE DEFTS PRELIMINARY OBJECTIONS
TO PLFFS COMPLAINT - A RULE IS ISSUED UPON PLFF TO SHOW CAUSE -
PLFF SHALL FILE AN ANSWER TO PRELIMINARY OBJECTIONS - BY THE COURT
J WESLEY OLER JR J COPIES MAILED 5/18/01
'. ~ , __" - I -"
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2000-07949
COLLINS
cumt~land County prothonotary'~o.. ffice
U Civil Case Inquiry ~i
DEANNA K (vs) BETHAVIC ROSEMARY DAILEY
Filed. . . . . , , , :
Time, . .....,. :
Execution Date
Jury Trial. , . ,
Disposed Date,
Higher Crt 1.:
Higher Crt 2.:
11/09/2000
4:12
0/0010000
0/00/0000
Page 2
Reference No. . :
Case Type.....: COMPLAINT
Judgment. ..", ,00
Judge Assigned:
Disposed Desc. :
------------ Case Comments -------------
5/29/2001
5/31/2001
6/06/2001
8/15/2001
PLAINTIFF'S ANSWER TO ORDER OF COURT DATED MAY 18, 2001 - BY
DEANNA K COLLINS >
-------------------------------------------------------------------
ORDER OF COURT - DATED 5131/01 - PLFFS ANSWER TO ORDER OF COURT -
IT APPEARING THAT THE PLFF HAS MISCONSTRUCTED THE ORDER OF COURT -
PLFFS IS DIRECTED TO FILE AN ANSWER TO DEFT PRELIMINARY OBJECTIONS
RESPONDING PARAGRAPH BY PARAGRAPH TO ALLEGATIONS THEREIN AND
THEREAFTER TO PROCEED IN ACCORDANCE WITH THE BALANCE OF ORDER
5/18/01 ON A TIMELY BASIS - BY THE COURT J WESLEY OLER JR J COPIES
MAILED 5/31/01
-------------------------------------------------------------------
PLAINTIFF'S ANSWER TO ORDER OF COURT MAY 18, 2000 - BY DEANNA K
COLLINS
-------------------------------------------------------------------
ORDER OF COURT - DATED 8/15/01 - IN RE PRELIMINARY OBJECTIONS OF
DEFT PLFFS ANSWER AND THE BRIEFS AND ARGUMENTS IN SUPPON THEREOF
AND FOR THE REASONS STATED IN THE ACCOMPANYING OPINION DEFT'S
DEMURRER IS SUSTAINED AND PLFF'S COMPLAINT IS DISMISSED - DEFT'S
MOTION TO STRIKE REFERENCES TO HILDA B STEWART IS DEEMED MOOT - BY
THE COURT J WESLEY OLER JR J COPIES MAILED 8/15/01
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
*************.*******************************************************************
* Escrow Information *
* Fees & Debits Beq Bal PvmtslAdi End Bal *
*****************************************~**************************************
COMPLAINT
TAX ON CMPLT
SETTLEMENT
JCP FEE
35.00
,50
5,00
5,00
35,00
,50
5.00
5,00
.00
,00
,00
.00
45.50
45,50
.00
********************************************************************************
* End of Case Information *
********************************************************************************
lib
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Superior Court of Pennsylvania
00--- 1Cf/r-1
Appeal Docket Sheet
Docket Number: 1469 MDA 2001
Page 1 of 2
September 21, 2001
'*
Rosemary Dailey Bathavic
v.
Deanna K. Collins, Appellant
Initiating Document: Notice of Appeal
Case Status: Aclive
Case Processing Status: September 21, 2001
Journal Number:
Case Category: Civil
Awaiting Original Record
Consolidated Docket Nos,:
CaseType:
Related Docket Nos,:
Civil Action Law
Next Event Type: Docketing Statement Received
Next Event Type: Original Record Received
SCHEDULED EVENT
Next Event Due Date: October 5, 2001
Next Event Due Date: October 31,2001
COUNSEL INFORMATION
Appellant Collins, Deanna K.
Pro Se: ProSe Appoint Counsel Status:
,
IFP Status: No
Appellant Attorney Information:
Allorney: Collins, Deanna K.
Bar No.:
Address:
Law Firm:
46 Willow Street
Highspire, PA 17034
Phone No.: (717)986-0633 Fax No.:
Receive Mail: Yes
E-Mail Address:
Receive E-Mail: No
Appellee
Pro Se:
IFP Status:
Bathavic, Rosemary Dailey
Appoint Counsel Status:
Appellee Attorney Information:
Allorney: Wasilefski, Charles E.
Bar No.: 21027 Law Firm: Peters & Wasilefski
Address: Peters & Wasilefski
2931 N. Front Street
Harrisburg, PA 17110
Phone No.: (717)238-7555 Fax No.: (717)238-7750
Receive Mail: Yes
E-Mail Address:
Receive E-Mail: No
r
9/21/01
/17
,.
3023
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Superior Court of Pennsylvania
Appeal Docket Sheet
Docket Number: 1469 MDA 2001
Page 2 of 2
September 21, 2001
-
FEE INFORMATION
Fee Date
Fee Name
2001-09-1800:00:00.000
Fee Amt
55.00
Paid
Amount
55.00
Receipt Number
2001SPRMD000952 .
TRIAL COURTfAGENCY INFORMATION
- Court Below: Cumberland County Court of Common Pleas
County: Cumberland
Date of Order Appealed From: August 15, 2001
Date Documents Received: September 17, 2001
Order Type: Order Entered
Division: Civil
Judicial District: 9
Date Notice of Appeal Filed: Seplember 14, 2001
OTN:
Judge:
Oler, J. Wesley
Judge
Lower Court Docket No.: 00-7949 CMI Term
ORIGINAL RECORD CONTENTS
Original Record Item
Filed Date
Content/Description
Date of Remand of Record:
BRIEFS
Filed Date
DOCKET ENTRIES
Docket Entry/Document Name Party Type
Flied By
September 21, 2001 Notice of Appeal Filed
Appellant
Collins, Deanna K.
September 21, 2001 Docketing Statement Exited (Civil)
Middle District Filing Office
9121/01
liP
.,-
,
;
3023
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Commonwealth of Pennsylvania
County of Cumberland
} ss:
I, CURTIS R. LONG , Prothonotary
of the Court of Common Pleas in and for said
County, do hereby certify that the foregoing is a
full, true and correct copy of the whole record of the
case therein stated, wherein
DEANNA K. COJ.T.TNf':
Plaintiff, and
BATHAVIC
ROSEMARY DAILEY
Defendant _, as the same remains of record
before the said Court at No. of
00-7949 Term, A.D. 19_.
In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court
this 2nd day of November A. D., JoQ... ?nnl
Prothonotary
I, Georae E. Hoffer President Judge of the O~h
Judicial District, composed of the County of Cumberland, do certify that Curtis R. Long
, by whom the annexed record, certificate and
attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name
and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is
Prothonotary in and for said County of CUMBERLAND in
the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith
and credit are and ought to be given as well in Courts of judicature as elsewhere, and that the said record,
certificate and attestation are in due form of law and made by the roper officer.
Commonwealth of Pennsylvania
County of Cumberland
} ss:
sident Judge
I, Curtis R. Lona , Prothonotary of the Court of Common Pleas in
and fOr the said County. do certify that the Honorable (;pnrgp F. HnTTPr
by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time
of making thereof. and still is PresidentJudge of the Court of Common Pleas, Orphan' Court and Court of
Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts
as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and affixed the seal of said Court this
2nd day of November A.D.~ 2001
Prothonotary
,
",-III __~
:l1.i!~ ~ .~ ~~
II
,
Among the Records and Proceedings enrolled In the court of Common Pleas in and for the
county of Cl.MlERL1>.ID in the Commonwealth of Pennsylvania
to No.
2000-7949
is contained the following:
Term. 19
COpy OF
SEE A'lTIDIED
DOCKET ENTRY
DEANNA K. UlLLINS
VS.
ROSEMARY DAILEY BATHAVIC
PLEASE SEE ENCLOSED DOCKET ENTRIES
2000-7949 CIVIL TERM
SUPERIOR COURT # - 1469 MDA 2001
,--
'Il'l'
.
.
CETlFICATE AND TRANSMITTAL OF RECORDS UNDER
PENNSYL VANIA RULE OF APPELLATE PROCEDURE 1931 (C)
To the Prothonotary of the Apellate Court to which the within matter has been appealed:
SUPERIOR COURT OF PA
The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County,
the said court being a court of record, do hereby certify that annexed hereto is a true and
correct copy of the whole and entire record, including an opinion of the court as required
by PA RAP. 1925, the original papers and exhibits, if any on file, the transcript of the
proceedings, if any, and the docket entries in the following matter:
DEANNA K. COLLINS
VS.
Rosemary Dailey Bathavic
00-7949 CIVIL TERM
SUPERIOR COURT # 1469 MDA 2001
The documents comprising the record have been numbered from No.1 to , and
attached hereto as Exhibit A is a list of the documents correspondingly numbered and
identified with reasonable defmiteness, including with respect to each document, the
number of pages comprising the document.
The date on which the record has been transmitted to the Appellate Court is 11- 5- 0 1
Curtis R, Long, Prothonotary
Jane H, Sparling, Dpty.
An additional copy of this certificate is enclosed. Please sign and date copy, thereby
acknowledaina receipt of this record.
Date
Signature & Title
"
~ .
,
PYS510
(",mberland County Prothonotarv' s Office
civil Case Inquiry
Page
1
2000-07949 COLLINS DEANNA K (vs) BETHAVIC ROSEMARY DAILEY
Reference No. . :
Case Type.. ., .: COMPLAINT
Judgment. . . . . . .00
Judge Assigned:
Disposed Desc. :
------------ Case Comments -------------
Filed. . . . . , , . :
Time.,....... :
Execution Date
Jury Trial",.
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
11/09/2000
4:12
0/00/0000
0/00/0000
1469 MDA2001
********************************************************************************
General Index Attorney Info
COLLINS DEANNA K
46 WILLOW STREET
HIGHSPIRE PA 17034
BATHAVIC ROSEMARY DAILEY
121 WALNUT STREET
CARLISLE PA 17013
PLAINTIFF
PRO SE
DEFENDANT
********************************************************************************
* Date Entries *
********************************************************************************
'AGE 00.
- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
COMPLAINT - OF MEDICAL NEGLIGENCE
-------------------------------------------------------------------
AMENDED COMPLAINT - BY DEANNA K COLLINS PLFF
-------------------------------------------------------------------
AFFIDAVIT OF SERVICE - FOR COMPLAINT AND SUMMONS - BY DEANNA K
COLLINS PLFF
-------------------------------------------------------------------
PRAECIPE FOR LISTING CASE FOR ARGUMENT - PRELIMINARY OBJECTIONS OF
DEFENDANT ROSEMARY DAILEY BATHAVIC - BY CHARLES E WASILEFSKI ESQ
ATTY FOR DEFT
-------------------------------------------------------------------
PRELIMINARY OBJECTIONS OF DEFENDANT ROSEMARY DAILEY BATHAVIC TO
PLAINTIFF'S AMENDED COMPLAINT - BY CHARLES E WASILEFSKI ESQ ATTY
FOR DEFT
-------------------------------------------------------------------
AMENDED COMPLAINT OF MEDICAL NEGLIGENCE AND WRONGFUL DEATH - BY
DEANNA K COLLINS PLFF
-2 11/09/2000
-5 11/16/2000
11/2~12000
12/04/2000
-11 12/04/2000
2-16 12106/2000
7-21 12/0812000
2 12/13/2000
3-46 1/11/2001
7 1/11/2001
3-52 1/22/2001
3 2/08/2001
I-58 3/16/2001
4/05/2001
)-73 4/30/2001
1-78 5/18/2001
)-89 5/18/2001
,,;:1 ~
AMENDED COMPLAINT OF MEDICAL NEGLIGENCE AND WRONGFUL DEATH - BY
DEANNA K COLLINS
AFFIDAVIT OF SERVICE FOR AMENDED COMPLAINT OF MEDICAL NEGIGENCE
AND WRONGFUL DEATH - BY DEANNA K COLLINS PLFF
-------------------------------------------------------------------
PRELIMINARY OBJECTIONS OF DEFENDANT ROSEMARY DAILEY BATHAVIC TO
PLAINTIFF'S THIRD AMENDED COMPLAINT - BY CHARLES E WASILEFSKI ESQ
FOR DEFT
PRAECIPE FOR LISTING CASE FOR ARGUMENT - PRELIMINARY OBJECTIONS OF
DEFENDANT ROSEMARY DAILEY BATHAVIC TO PLAINTIFF'S THIRD AMENDED
COMPLAINT - BY CHARLES E WASILEFSKI ESQ
-------------------------------------------------------------------
AMENDED COMPLAINT OF MEDICAL NEGLIGENCE AND WRONGFUL DEATH
-------------------------------------------------------------------
AFFIDAVIT OF SERVICE FOR AMEND COMPLAINT - BY DEANNA COLLINS
-------------------------------------------------------------------
AMENDED COMPLAINT - BY DEANNA K COLLINS PRO SE
-------------------------------------------------------------------
AFFIDAVIT OF SERVICE - FOR AMENDED COMPLAINT - BY DEANNA K COLLINS
-------------------------------------------------------------------
ANSWER WITH NEW MATTER OF DEFT ROSEMARY DAILEY BATHAVIC TO PLFF'S
FOURTH AMENDED COMPLAINT - CHARLES E WASILEFSKI ATTY FOR DEFT
-------------------------------------------------------------------
PLAINTIFF'S RESPONSE TO DEFTS ANSWER TO PLFFS FOURTH AMENDED
COMPLAINT - BY DEANNA K COLLINS
-------------------------------------------------------------------
ORDER OF COURT - DATED 5/18/01 - IN RE DEFTS PRELIMINARY OBJECTIONS
TO PLFFS COMPLAINT - A RULE IS ISSUED UPON PLFF TO SHOW CAUSE -
PLFF SHALL FILE AN ANSWER TO PRELIMINARY OBJECTIONS - BY THE COURT
J WESLEY OLER JR J COPIES MAILED 5/18/01
I~~r~~
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PYS510
.
Cumberland County Prothonotarv's Office
Civil Case Inquiry .
2
Page
2000-07949 COLLINS DEANNA K (vs) BETHAVIC ROSEMARY DAILEY
Reference No..:
Case Type.....: COMPLAINT
Judgment...". .00
Judge Assigned:
Disposed Desc. :
------------ Case Comments -------------
Filed"...... :
Time......,.. :
Execution Date
Jury Trial. . , .
Disposed Date,
Higher Crt 1,:
Higher Crt 2,:
11/09/2000
4:12
0/00/0000
0/00/0000
1469 MDA2001
'AGE tv.
0-98 5/29/2001
9-101
5/31/2001
02-112 8/15/2001
13-116 9/14/2001
17-118 9/2~12001
PLAINTIFF'S ANSWER TO ORDER OF COURT DATED MAY 18, 2001 - BY
DEANNA K COLLINS
-------------------------------------------------------------------
OPINION AND ORDER OF COURT - DATED 5/31/01 - PLFFS ANSWER TO ORDER
OF COURT - IT APPEARING THAT THE PLFF HAS MISCONSTRUCTED THE
ORDER OF COURT - PLFFS IS DIRECTED TO FILE AN ANSWER TO DEFT
PRELIMINARY OBJECTIONS RESPONDING PARAGRAPH BY PARAGRAPH TO
ALLEGATIONS THEREIN AND THEREAFTER TO PROCEED IN ACCORDANCE WITH
THE BALANCE OF ORDER 5/18/01 ON A TIMELY BASIS - BY THE COURT J
WESLEY OLER JR J COPIES MAILED 5131/01
-------------------------------------------------------------------
OPINION AND ORDER OF COURT - DATED 8115/01 - IN RE PRELIMINARY
OBJECTIONS OF DEFT PLFFS ANSWER AND THE BRIEFS AND ARGUMENTS IN
SUPPORT THEREOF AND FOR THE REASONS STATED IN THE ACCOMPANYING
OPINION DEFT'S DEMuRRER IS SUSTAINED AND PLFF'S COMPLAINT IS
DISMISSED - DEFT'S MOTION TO STRIKE REFERENCES TO HILDA B
STEWART IS DEEMED MOOT - BY THE COURT J WESLEY OLER JR J COPIES
MAILED 8/15/01
----------------------,---------------------------------------------
NOTICE OF APPEAL TO SUPERIOR COURT OF PA THE ORDER OF 8/15/01 -
BY DEANA K COLLINS PRO SE PLFF
-------------------------------------------------------------------
SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING. TO # 1469 MDA 2001
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
********************************************************************************
* Escrow Information *
* Fees & Debits Bea Bal PvmtslAdi End Bal . *
************************************************~*******************************
COMPLAINT
TAX ON CMPLT
SETTLEMENT
JCP FEE
APPEAL
35,00
,50
5,00
5,00
30.00
35.00
.50
5,00
5,00
30.00
,00
.00
.00
,00
,00
------------
,00
75,50
75,50
********************************************************************************
* End of Case Information *
********************************************************************************
19 BRIEFS
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
One CDurthDuse Square,Carlisle,Pennsylvania 17013
DEANNA K. COLLINS-
Trustee Ad Litem for the
ESTATE OF GEORGE G. STEWART
Plaintiff
CIVIL ACTION-LAW
V.
ROSEMARY DAILEY BATHAVIC
NO: 00-7949 CIVIL TERM
Defendant
NOTICE OF APPEAL
NOTICE is hereby liven that DEANNAK. COLLINS, Trustee Ad Litem fDr
ESTATE OF GEORGE G. STEWART,Plaintiff herein,hereby appeals to the
~' ~j2-1! If; 0 ~ Co u ~r:
the
Pell 17 j' 'f J ViR" ICL
. ,
"- ~ located in Harrisburg,
Pennsylvania, from the ORDER OF COURT entered this 15th day of August 2001 in
the above mentiDned lDwer ccurt.....IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT
BEFORE HOFFER,P.J.,OLER and GUIDO,JJ..
This Plaintiff asks tD APPEAl due to the misinterpretation Df factual documents and
prejudiced, inferred speculatiDns Df medical situations of a WrDngful Death lawsuit
without proper expert doctor's factual testimony,therefDre making an improper biased
judicial decision since the CUMBERLAND COUNTY NURSING HOME(CLAREMONT NURSING AND
REHABILIATION CENTER) itself is involved in this specific case.
Re.spectfully subQntted. ~ ~
. D~k.~ rf(l)~E.
By. ~ ~ /Juri 5Ctf.eet: -1JfI'$ a~ ~
-h1.:1I(1'~.t~1!;/ ~7f~'!di'{g3Lf (Pltrllftr{f)
IIJ
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
One Courthouse Square,Carlisle,Pennsylvania 17013
LETTER OF SERVICE for NOTICE OF APPEAk
DEANNA K. COLLINS-
Trustee Ad Litem for the
ESTATE OF GEORGE G. STEWART
Plaintiff
CIVIL ACTION-LAW
V.
ROSEMARY DAILEY BATHAVIC
NO: 00-79~ C1Yl~lr~;&M
Defendant
LETTER OF SERVICE
I,DEANNA K. COLLINS,Trustee Ad LItem for the ESTATE OF GEORGE G. STEWART,
Plaintiff herein(Appellant) served upon the fo11owing party mentioned below:
1I&n~--!{~~ PJ.
a true,Certified copy of the NOTICE OF APPEAL for this specific case.
on this 14th day of September 2001.,as follows:
:opies to
the following parties:
/
Charles E. Wasilefski,Esq.
c/o ~t n_Ath Front Street
ff~Trisburg,Pennsylvania 17110-1280
~eln21_DR~fi~/~
Hilda B. Stewart
1296 Warwick Road
Camp Hill,Pennsylvania 17011
lonorable Judge Hoffer,P.J.
:/0 Cumberland County Courthouse
)ne Courthouse Square
:arlisle,pennsylvania 17013
lonorable Judge Oler,JJ.
:/0 Cumberland County COUYthouse
)ne Courthouse Square
:arlisle,pennsylvania,17013
[onorable Judge Guido,J.J.
'/0 Cumberland County ~ourthouse
)ne Courthouse Square
:arlisle,Pennsylvania 17013
(wife of deceased) ~nAn:R+
('".I7'JuM mai.1 ~j;z.LhP..' ~
'-"'~ ~ :
9/i~J/Mt
Signed:~K (}~-ffMf# d
Trustee Ad Litem for /-J i!}11
~/. 6 the ESTATE OF GEORGE G. STEWART-Plaintiff
yO Ji WII.0td-~
d,';,J,c/J/o; fJo~;NA.17(J1:3 1/'1
:^!i~t., _~ ., _~, 'n ,,_ T 1
, PYS510
. "
Cumberland County Prothonotary's Office
Civil Case Inquiry
Page
1
2000-07949 COLLINS DEANNA K (vs) BETHAVIC ROSEMARY DAILEY
Reference No..:
Case Type.. ...: COMPLAINT
Judgment... ... .00
Judge Assigned: .
Disposed Desc. :
------------ Case Comments -------------
Filed. . . . . . . . :
Time......... :
Execution Date
Jury Trial. . . .
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
11/09/2000
4,12
0/00/0000
0/00/0000
********************************************************************************
General Index Attorney.lnfo
COLLINS DEANNA K
46 WILLOW STREET
HIGHSPIRE PA 17034
BATHAVIC ROSEMARY DAILEY
121 WALNUT STREET
CARLISLE PA 17013
PLAINTIFF
PRO SE
DEFENDANT
********************************************************************************
* Date Entries *
********************************************************************************
11/09/2000
11/16/2000
11/20/2000
12/04/2000
12/04/2000
12/06/2000
12/08/2000
12/13/2000
1/11/2001
1/11/2001
1/22/2001
2/08/2001
3/16/2001
4/05/2001
4/30/2001
5/18/2001
5/18/2001
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- - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - -
COMPLAINT - OF MEDICAL NEGLIGENCE
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AMENDED COMPLAINT - BY DEANNA K COLLINS PLFF
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AFFIDAVIT OF SERVICE - FOR COMPLAINT AND SUMMONS - BY DEANNA K
COLLINS PLFF
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PRAECIPE FOR LISTING CASE FOR ARGUMENT - PRELIMINARY OBJECTIONS OF
DEFENDANT ROSEMARY DAILEY BATHAVIC - BY CHARLES E WASILEFSKI ESQ
ATTY FOR DEFT
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PRELIMINARY OBJECTIONS OF DEFENDANT ROSEMARY DAILEY BATHAVIC TO
PLAINTIFF'S AMENDED COMPLAINT - BY CHARLES E WASILEFSKI ESQ ATTY
FOR DEFT
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AMENDED COMPLAINT OF MEDICAL NEGLIGENCE AND WRONGFUL DEATH - BY
DEANNA K COLLINS PLFF
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AMENDED COMPLAIN TOF MEDICAL NEGLIGENCE AND WRONGFUL DEATH - BY
DEANNA K COLLINS
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AFFIDAVIT OF SERVICE FOR AMENDED COMPLAINT OF MEDICAL NEGIGENCE
AND WRONGFUL DEATH - BY DEANNA K COLLINS PLFF
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PRELIMINARY OBJECTIONS OF DEFENDANT ROSEMARY DAILEY BATHAVIC TO
PLAINTIFF'S THIRD AMENDED COMPLAINT - BY CHARLES E WASILEFSKI ESQ
FOR DEFT
PRAECIPE FOR LISTING CASE FOR ARGUMENT - PRELIMINARY OBJECTIONS OF
DEFENDNAT ROSEMARY DAILEY BATHAVIC TO PLAINTIFF'S THIRD AMENDED
COMPLIANT - BY CHARLES E WASILEFSKI ESQ
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AMENDED COMPLAINT OF MEDICAL NEGLIGENCE AND WRONGFUL DEATH
AFFIDAVIT OF SERVICE FOR AMEND COMPLAINT - BY DEANNA COLLINS
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AMENDED COMPLAINT - BY DEANNA K COLLINS PRO SE
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AFFIDAVIT OF SERVICE - FOR AMENDED COMPLAINT - BY DEANNA K COLLINS
ANSWER WITH NEW MATTER OF DEFT ROSEMARY DAILEY BATHAVIC TO PLFF'S
FOURTH AMENDED COMPLAINT - CHARLES E WASILEFSKI ATTY FOR DEFT
PLAINTIFF'S RESPONSE TO DEFTS ANSWER TO PLFFS FOURTH AMENDED
COMPLAINT - BY DEANNA K COLLINS
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ORDER OF COURT - DATED 5/18/01 - IN RE DEFTS PRELIMINARY OBJECTIONS
TO PLFFS COMPLAINT - A RULE IS ISSUED UPON PLFF TO SHOW CAUSE -
PLFF SHALL FILE AN ANSWER TO PRELIMINARY OBJECTIONS - BY THE COURT
J WESLEY OLER JR J COPIES MAILED 5/18/01
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. PYS510
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Cumberla~d,County Prot~onotary's Office
Clvll Case Inqulry
Page
2
2000-07949 COLLINS DEANNA K (vs) BETHAVIC ROSEMARY
DAILEY
Filed........ :
Time......... :
Execution Date
Jury Trial. . . .
D~sposed Date.
Hlgher Crt 1.:
Higher Crt 2.:
11/09/2000
4,12
0/00/0000
0/00/0000
Reference No. . :
Case Type.....' COMPLAINT
Judgment. . . . . . . 00
Judge Assigned,
Disposed Desc. :
------------ Case Comments -------------
5/29/2001
5/31/2001
6/06/2001
8/15/2001
PLAINTIFF'S ANSWER TO ORDER OF COURT DATED MAY 18, 2001 - BY
DEANNA K COLLINS ,
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ORDER OF COURT - DATED 5/31/01 - PLFFS ANSWER TO ORDER OF COURT -
IT APPEARING THAT THE PLFF HAS MISCONSTRUCTED THE ORDER OF COURT -
PLFFS IS DIRECTED TO FILE AN ANSWER TO DEFT PRELIMINARY OBJECTIONS
RESPONDING PARAGRAPH BY PARAGRAPH TO ALLEGATIONS THEREIN AND
THEREAFTER TO PROCEED IN ACCORDANCE WITH THE BALANCE OF ORDER
5/18/01 ON A TIMELY BASIS - BY THE COURT J WESLEY OLER JR J COPIES
MAILED 5/31/01
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PLAINTIFF'S ANSWER TO ORDER OF COURT MAY 18, 2000 - BY DEANNA K
COLLINS
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ORDER OF COURT - DATED 8/15/01 - IN RE PRELIMINARY OBJECTIONS OF
DEFT PLFFS ANSWER AND THE BRIEFS AND ARGUMENTS IN SUPPON THEREOF
AND FOR THE REASONS STATED IN THE ACCOMPANYING OPINION DEFT'S
DEMURRER IS SUSTAINED AND PLFF'S COMPLAINT IS DISMISSED - DEFT'S
MOTION TO STRIKE REFERENCES TO HILDA B STEWART IS DEEMED MOOT - BY
THE COURT J WESLEY OLER JR J COPIES MAILED 8/15/01
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
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* Escrow Information *
* Fees & Debits Beq Bal Pvmts/Adi End Bal *
********************************************************************************
COMPLAINT
TAX ON CMPLT
SETTLEMENT
JCP FEE
35.00
.50
5.00
5.00
35.00
.50
5.00
5.00
.00
.00
.00
.00
45.50
45.50
.00
********************************************************************************
* End of Case Information *
********************************************************************************
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