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HomeMy WebLinkAbout03-2464 YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff v. HOLY SPIRIT HOSPITAL a/k/ a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, P. HENDERSON, RN,and C. SCOTT, RN Defendants IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA Civil Action - Law No. C3 - J.4l-~ dOl L '-r~ Jury Trial Demanded PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons in the above-captioned action. A Writ of Summons shall be issued and forwarded to ( ) Attorney (x) Sheriff Date: Ma.~ Od-\ ~3 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By;1 C~ Charles E. Schmidt, Jr. Attorney I.D. #19198 Cara E. Gruszecki Attorney I.D. # 89229 209 State Street Harrisburg, PA 17101 717-232-6300 Attorneys for Plaintiff YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA Civil Action - Law v. HOLY SPIRIT HOSPITAL a/k/ a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, P.HENDERSON,RN,and C. SCOTT, RN No. oa - ;l~l,'1 C,'u'lL '-r~ Jury Trial Demanded Defendants WRIT OF SUMMONS TO: HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY and HOLY SPIRIT HEALTH SYSTEM North 21st Street Camp Hill, PA 17011 P.HENDERSON,RN North 21st Street Camp Hill, PA 17011 C.SCOTT,RN North 21st Street Camp Hill, PA 17011 SUSAN McCLELLAN, CRN 308 2nd Avenue, Apt. 31 Altoona, PA 16602 YOU ARE HEREBY NOTIFIED THAT YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, PLAINTIFF IN THE ABOVE-NAMED ACTION, HAS COMMENCED AN ACTION AGAINST YOU. dJA-t.o > ~.~ Prothonotary llL-4z"-,,-,, -Po 77;~ Date: fYl~y ';;;;1 ~6a.3 ~ ~ ~ ~ 8 0 q CI) w Crt ~ :z ~-.:J -OeD :0- , " n1rr -< ;j,~ ~ ~ 0 2T' N -." I ,1 65>~ W ....~6 ~ tI) ~ ~0.' :E? ,-1 -r~ <.. =\2215 - ~" ...,.,J_ w Z'... ::.5rTl "'~(-' ~ V ;l>c.:, --I ~ .Z :..n ;?> :n -- (,.,) -< -~ 1:- YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Civil Action - Law v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, P,HENDERSON,RN,and C, SCOTI, RN No. 03-2464 Civil Term Jury Trial Demanded Defendants PRAECIPE TO REISSUE WRIT OF SUMMONS TO: THE PROTHONOTARY Please reissue the Writ of Summons in the above-captioned action which was originally filed on May 23, 2003. SCHMIDT, RONCA & KRAMER, P.C. , DATE: 6/23/03 By: ~~ 9 jJrYl/mJ.di:J, ~I . Charles E, Schmidt, Jr. 0-<- I.D.# 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff ~ c ~ w (... =;:J ~w. c= fn~ Z :1:' N TJ[=g cn~ 0.) ;~'T -< ' :::,0 ~Ct -0 _T,:+1 ~O :x ':2(') ~f? N i5rn .. 15 ~ .(0 (1\ -< SHERIFF'S RETURN - REGULAR CASE NO: 2003-02464 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WERNER YVONNE ET AL VS HOLY SPIRIT HOSPITAL ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOLY SPIRIT HOSP AKA H S HOSP OF SISTERS OF CHRISTIAN CHARIT the DEFENDANT , at 1807:00 HOURS, on the 2nd day of June , 2003 at 503 NORTH 21ST STREET CAMP HILL, PA 17011 by handing to MICHAEL WOOLUMS, SECURITY, SHIFT SUPERVISOR a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.35 .00 10,00 .00 38.35 .r~~-'<~ R. Thomas Kline 06/16/2003 SCHMIDT RONCA KRAMER Sworn and Subscribed to before /:V me this .30 - day of C}-"~ - .2ChJ."J A. D. n. Q~i~~4 '~honotary 'I BY'~ I_ . ~D-:T~i;t..u eputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-02464 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WERNER YVONNE ET AL VS HOLY SPIRIT HOSPITAL ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of says, the within WRIT OF SUMMONS Cumberland County,Pennsylvania, who being duly sworn according to law, HOLY SPIRIT HEALTH SYSTEM was served upon the , at 1807:00 HOURS, on the 2nd day of June , 2003 DEFENDANT at 503 NORTH 21ST STREET CAMP HILL, PA 17011 MICHAEL WOOLUMS, SECURITY by handing to SHIFT SUPERVISOR a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this .30"'::.. day of ~_ ~ A.D. ~08t~-L,~1 So Answers: 7'~z.~-j~,<: ,/j~~ ~ 'I . R. Thomas Kline 06/16/2003 SCHMIDT RONCA KRAMER By: ~n.~-I - ~~~; sh~ii1f SHERIFF'S RETURN - REGULAR CASE NO: 2003-02464 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WERNER YVONNE ET AL VS HOLY SPIRIT HOSPITAL ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HENDERSON P RN the DEFENDANT , at 1807:00 HOURS, on the 2nd day of June , 2003 at 503 NORTH 21ST STREET CAMP HILL, PA 17011 by handing to MICHAEL WOOLUMS, SECURITY SHIFT SUPERVISOR a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 ,00 16,00 ..' f ;",~ __y",c'tt;j;.? ,~..,><. ..' R, Thomas Kline 06/16/2003 SCHMIDT RONCA KRAMER Sworn and Subscribed to before By: ~ot.~ ~J~uty Sheriff '" me this 30 ~ day of Ch.1f.J1Jj A, D . C\. - Q lvWO.-<o ^ O..tl '-"f'~fc;thonotary" ;T-J SHERIFF'S RETURN - REGULAR CASE NO: 2003-02464 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WERNER YVONNE ET AL VS HOLY SPIRIT HOSPITAL ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SCOTT C RN the DEFENDANT , at 1807:00 HOURS, on the 2nd day of June , 2003 at 503 NORTH 21ST STREET CAMP HILL, PA 17011 by handing to MICHAEL WOOLUMS, SECURITY SHIFT SUPERVISOR a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~<,~ R. Thomas Kline 06/16/2003 SCHMIDT RONCA KRAMER Sworn and Subscribed to before By: ~~+b(JA1q Deputy Sheriff .... me this 3D ~ day of q,~~ _ JUl~ A.D. Cft Q lvt:p~,~) ~\ Prothonotary' r J In The Court of Common Pleas of Cumberland County, Pennsylvania Yvonne Werner et al VS. Holy Spirit Hospital et al SERVE: Susan McClellan, CRN No, 03-246f! civil Now, May 27, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Blair County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~(?/ . /~( r ~~<' ..p.<'.:v.-..,;? Sheriff of Cumberland County, PA Affidavit of Service Now, ,20 , at o'clock M, served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ DA TE'RECEIVED DATE PROCESSED Q~~\ V SHERIFF'S DEPARTMENT T BLAIR COUNTY, PENNSYLVANIA. I ^ l.tJ 5 d- COURTHOUSE, HOLLlDAYSBURG, PA, 16648 lOU I INSTRUCTIONS, I Print legibly, insuring readability 01 an copies. Do not detach any copies. BCSD EI\IV.M SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN IPLAINTI'YV 0/),r....9-- ~~ 2 COURT NUMBO ;3 -~Ytoi 3DEFE"lYe/Lv 0S /\/e:y... II< . l il-a/ 4TY0~'-;Y\~n,S SERVE { q;;.:,E ~)~CiiJ'RP~C~CRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD , 6 ADDRE5S 15t'~~O'ra"m~A)~Y Bo~. ~nd Z(j~ f ~ / OA.ko~ 7 INDICATE UNUSUAL SERVICE f3'PERSONAL [3'PERSON IN CHARGE ODE~ [JCERT MAIL o REGISTERED MAIL OPOSTEO OOTHER NOW, I, SHERIFF OF ~ BLAIR ,COUNTY, PA" do hereby deputize the Sheriff;f County to execute this Writ and make return thereof accordmg to law, This deputation being made at the request and risk of the plaintiff, SHERIFF OF BLAIR COUNTY 6 SPECIAL INSTRUCTIONS OF~OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE; NOTE ONLY ,\PPlICABlE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ rT1ay leave same Without a watchman, in custody of whomever is found In possession, afler notifying person of levy or atlachmenl. withou1liability on the part 01 such deouty or the s"erilllo any plaintd! herem for any loss, deslruction or removal of any such property belore sherif1s' sale thereof. RNEV or/ther ORIGI ATOH r~7tin:. ser~e~".r.!!I: of Il ~\JLK...I r-r- o PLAINTIFF o DEFENDANT 10_ TELEPHONE NUMBER 11, DATE SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE ~-~~"nOWle~";e'eCelD!'ltthewnt { ~TJ~"'Of_Aul~rlZedBcs~uyo~C'lfJr~rn~____ I 13L~~le''l\ce7;e~ ~ I 14 Ep~ra~~H~~inlt~ ,2 o'comDlalntn~,"'dtcatedabove '---'/ ~ rY': l.A-Jj V-_ _ _J,c:;/ '1u........J (0 c::>L~0 ~(JbY CERTIFY and RETURN that I 0 have personally served Dhave served person In charge 0 have lecal eVidence 0 servIce as shown In Remar . (on reverse) (J have rOs!<>d lt1e above described prOOlO!rty wilh lhe writ or complalnl deSCribed on the indiVidual, company corpolalion, etc.. at tMe address SMown above or on the indiVIdual, co f)ill'1y. Ct,rDoraIIO~, ('te:. at lhe address Insp,rtec below by haT1di:1glor Posting a TRUE and ATTESTED COPY thereai. 15 P-H~by <";('f1Ily <lnd rm~:n a NOT FOUND b'PCiluse ! am unable 10 locale the ondividual company, corporation, elc, 17 N:\ e and IlOp. of .ndivldw.1 served --~- - named above (See remarks below) /18_ A person of sUllable age a~d discretion I Read Order lhen residing In lhe deflmClant Susual place of abode, 0 0 20 Dale of Service 21. Time 19 Adcress 01 where ser,.t>d (compl'3te only if cillerenl than shown above) {Street or RFD. Apanmrmt No, City, Boro, rwp" State and ZIP Codel Dep,lnt, SO ANSWER. Dale n : (II ~003 -'- V;JLJ,--L_"},[J-...~! ~ (j e Carol Gneco, Notaty PublIC ~ CO_""'5510, ExoIREIillhdaysburQ Bora Rio" '::oonty I I ACKNOW 1i0r.:~~~'r~M:I3,S2lJ(J:7r~ SIGNATURE OF AUTHOR:zEM:el13l58tjPin~Iil~~~'nb~II6f~otartes Date /39, Date Recewed SN-..FF'. "QURM OF SIRVICE () (1) The within upon defendant by mailing to by prepaid a true and attested copy thereof at , the within named mail, return receipt requested, postage on the ( ) (2 ) The return receipt signed by defendant on the made part of this return, Outside the Commonwealth, pursuant to Pa. attestad copy thereof at is hereto attached anr! R,C,P, .05 lei (1) (2), by mailing a true and " .....~,,~.'..~r"'.._.~ ,., '-'--~_._~---.--- in the following manner, ( ) (a) To the defendant by ( ) registered ) certified mail, return receipt requested. postage prepaid, addressee only on the said receipt being returned NOT signed by defendant. but with a notation by the Postal Authorities that defendant refused to accept the same, The returned receipt and envelope is attached hereto and made part of :his return, And thereafter: ( ) (b) To the defendant by ordinary mall lldc,essed to defendant at same address, With the return address of the Shenff ap"..,in!/ thereon, on the I further certify that after fifteen (1S ) days from the mailing datp., I have not received sard envelope back from the Postal ~.u1horrties A certiticate of mai~ng is hereto attached as a proof of mailing. () (3) By publication in a daily publication of general circulafton rn the County of Blair Commonwealth of Pennsylvania, _ time (s) With publication appeanng The affidavit from said publication is hereto attached, I) (4) By mailing to by ,. -----~._~._- mail. return receIpt requestp.r! postage prepaid, on the a true and attested copy thereat at The " .;on ,"Authorities marked IS hereto attached. I) (5) Other returnp.d by the Postal YVONNE WERNER, INDMDUALLY AND AS THE ADMINISTRATRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO" PENNSYLVANIA Civil Action - Law v. No, 03-2464 Civil Term HOLY SPIRIT HOSPITAL, a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARI'IY HOLY SPIRIT HEALTH SYSTEM, SUSAN MCCLELLAN, CRN, p, HENDERSON, RN, AND C. SCOTT, RN Jury Trial Demanded ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance in the above-captioned matter on behalf of defendants Holy Spirit Hospital a/k/a Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Health System, P. Henderson, RN and C. Scott, RN, only, Date:\...q-o--S S & WOODSIDE, PC By: Craig./\. Sto , sqUire Attorn y ID 15907 3401 rth Font Street Harris rg, A 17110 717-232- 0 Counsel for defendants Holy Spirit Hospital a/k/a Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Health System, P. Henderson, RN and C. Scott, RN - CERTIFICATE OF SERVICE AND NOW, this day, I hereby certify that I am serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules for Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Charles E. Schmidt, Jr., Esquire Schmidt, Ronca & Kramer 209 State Street Harrisburg, PA 17101 Susan McClelian, CRN 208 2nd Avenue, Apt. 31 Altoona, PA 16602 M Date:~~.-DS By: :330528 _1 2 ~ , ("') 0 0 c: CoO" -n ;?' S--:= ~ .-f -~ "OCL " m r:' - -/ :] rtl ~ Zr ... C:. G?): (:'''l "~? (~l ::1.' , ~>:~- '" " j;.,", ;'::> ) ". 2- '0 ,.~, -" .-'.; -( (n -" YVONNE WERNER, INDMDUALLY AND AS THE ADMINISTRATRIX OF THE ESTATE OF JERRYD. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Civil Action - Law v. No. 03-2464 Civil Term HOLY SPIRIT HOSPITAL, a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, SUSAN MCCLELLAN, CRN, P. HENDERSON, RN, AND C. SCOTT, RN Jury Trial Demanded PRAECIPE TO THE PROTHONOTARY: PLEASE ISSUE a Rule upon the Plaintiff to file a Complaint against Defendants Holy Spirit Hospital a/k/a Holy Spirit Hospital of the Sisters of Christian Charity Holy Spirit Health System, p, Henderson, RN, and C. Scott, RN, within twenty (20) days after service thereof, or suffer judgment of non pros as provided in Pennsylvania Rule of Civil Procedure 1037(a), Respectfully submitted, ME~ OODSIDE, PC Dat;l~ By: Craig A. Ston ID #15907 3401 Nor~h Fr nt Street Harrisbu " P 17110 717-232-5 Attorneys for Defendants holy Spirit Hospital a/k/a Holy Spirit Hospital of the Sisters of Christian Charity Holy Spirit Health SYf,tem, P. Hender~on, RN and C, Scott, RN, WONNE WERNER, INDMDUALLY' AND AS THE ADMINISTRATRIX OF THE ESTATE OF JERRYD. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Civil Action - Law v. No. 03-2464 Civil Term HOLY SPIRIT HOSPITAL, a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARIlY HOLY SPIRIT HEALTH SYSTEM, SUSAN MCCLELLAN, CRN, p, HENDERSON, RN, AND C. SCOTT, RN Jury Trial Demanded RULE TO: Charles E. Schmidt, Jr., Esquire Schmidt, Ronca & Kramer 209 State Street Harrisburg, PA 17101 Counsel for Plaintiffs A RULE is hereby issued upon the Plaintiff to file a Complaint against Defendants Holy Spirit Hospital a/k/a Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Health System, P. Henderson, RN and C. Scott, RN within twenty (20) days after service hereof, or suffer a judgment of non pros, Date: -luLl_It) :looJ I CERTIFICATE OF SERVICE AND NOW, this day, I hereby certify that I am serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules for Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Charles E. Schmidt, Jr., Esquire Schmidt, Ronca & Kramer 209 State Street Harrisburg, PA 17101 Susan McCkllan 308 2nd Avenue, Apt. 31 Altoona, PA 16602 By: Crai :330536 ~l (') (-) 0 C C...) -n <~ c_ ..- -or). --'~ --;-1 rTH -7 ::1 ....~ z: .. c:. c.~~ ? r-"J <::: ")"~. ( "--r :6.' C. ;-,J );..~ ~~::'~ ~::'l " )'. ~ -, u"' -< S,\CHRISTJ\ML-CleUan\Pmecipe for appearance-pld.wpd Ju]y ]6,2003 (11 :10wn) 0,0, No, 03-2464 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D, WERNER, Plaintiff, v. HOLY SPIRIT HOSPITAL a!kJa HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, p, HENDERSON, RN, and C. SCOIT, RN, Defendants, CIVIL ACTlON - LAW G,D. No, 03.2464 CIVIL TERM Issue No, PRAECIPE TO ENTER APPEARANCE Code: Filed on behalf of Defendant Susan McClellan, CRN Counsel of record for this party: Joseph S,D, Christof, II, Esq, Pa, I.D, #19699 DICKIE, McCAMEY & CHILCOTE, P,C, Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED S:\CHRISTJ\McCIeUun\Praecipe for appellfllIlCe-pkl.wpd July 16,2003 (11: lOam) G,D, No, 03-2464 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YVONNE WERNER, INDNIDUALL Y AND AS EXECUTRIX OF THE ESTATE OF JERRY D, WERNER, CIVIL ACTION - LAW Plaintiff, NO, 03-2464 CNIL TERM v, HOLY SPIRIT HOSPITAL a/kJa HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, p, HENDERSON, RN, and C, scon, RN, Defendants, PRAECIPE FOR APPEARANCE TO: PROTHONOTARY CUMBERLAND COUNTY KINDLY enter the Appearance of the undersigned as counsel for and on behalf of the Defendant, Susan McClellan, CRN, in the above-captioned matter, .JURY TRIAL DEMANDED Respectfully submitted, DICKIE, McCAMEY & CHILCOTE, P,C, By: Jo p. Pa, , ,#19699 Suite 400, Two PPG Place Pittsburgh, PA 15222-5402 (412) 281-7272 Attorneys for Defendant Susan McClellan, CRN S:'CHRISTJ\McClellan\Praecipe for appearllllCe-pld.wpd July 16,2003 (11:101lID) G,D, No, 03.2464 CERTIFICATE OF SERVICE I, Joseph S,D, Christof, II, Esquire, hereby certify that true and correct copies of the foregoing Praecipe for Appearance have been served this Jj~ay of July, 2003, by U.S, first-class mail, postage prepaid, to counsel of record listed below: Charles E, Schmidt, Jr. Schmidt, Ronca & Kramer, P,C, 209 State Street Harrisburg, PA 17101 Counsel for Plaintiff Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Counsel for Holy Spirit Hospital alk/a Holy Spirit Hospital of the Sisters of Christian Charity, Holy Spirit Health System, P. Henderson, KN, and C, Scott, KN DICKIE, McCAMEY & CHILCOTE, P,C, S,D, Christof, II, Esquire Attorneys for Defendant Susan McClellan, CRN C) c: <" lJi,';". nil': ~, 7-:" ~2:, ~\ }" ~i~::' , I,) ~ :;.;) _.J -( Iv YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, P,HENDERSON,RN,and C, scorr, RN Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Civil Action - Law No, 03-2464 Civil Term Jury Trial Demanded PRAECIPE TO REISSUE WRIT OF SUMMONS TO: THE PROTHONOTARY Please reissue the Writ of Summons in the above-captioned action which was originally filed on May 23,2003. DATE: 7/28/03 SCHMIDT, RONCA & KRAMER, P.C. , By:~ a.rJ2.M f ~/Yr1Le1b. Charles E, Schmidt, Jr. I.D,# 19198 209 State Street Harrisburg, PA 1710 1 (717) 232-6300 Attorney for Plaintiff o c ~ -o(T: mp' Z-', ze CI:!;i 2.,., :or ,- :i> ZC =C ""'c ~~ -<: o w <- c r- w o o " '4 ;},";:n ,- .O!"Jf"i! '0 , , .~~C) ~ -'-.1 (~jB ;sm ---[ ?x5 -< -n ~ ::- 10 r::::. '. . "'\ ~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02464 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WERNER YVONNE ET AL VS HOLY SPIRIT HOSPITAL ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MCCLELLAN SUSAN CRN but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of BLAIR County, Pennsylvania, to serve the within WRIT OF SUMMONS On July 21st , 2003 , this office was in receipt of the attached return from BLAIR Sheriff's Costs: Docketing Out of County Surcharge Dep Blair County So 18.00 9.00 10.00 36.50 .00 73.50 07/21/2003 SCHMIDT RONCA <;? R. homas Kline Sheriff of Cumberland County KRAMER Sworn and subscribed to before me this 5e:: day o~ .2.vV A.D. (\ Q ~,;I,-... ~. '- I'!'-'- prothonotar~{ . In The Court of Common Pleas of Cumberland County, Pennsylvania Yvonne Werner et a1 SERVE: VS. Holy Spi.J;'it Hospital et a1 Susan McClellan CRN No. 03-2464 civil Now, June 25, 2003 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff or Blair County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .r~~~~ Sheriff ofCurnberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof So answers, Sheriff of County, P A Sworn and subscribed before me this _ day of, 20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ OAT~CEIVEO O~ ~ \ y' DATE PROCESSED SHERIFF'S DEPARTMENT BLAIR COUNTY, PENNSYLVANIA. COURTHOUSE, HOLLlDAYSBURG, PA, 16648 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS: Print legibly, insuring readability of aU copies. Do nol detach any copies. BCSD ENV.# l.PLAlNTIFF/S~e",-,~ lu~~ 2 ~~T:U;BE~<-I~ u. 00.&27 T 3 DEFEND~ I S I . . 0 4 1PE ,OF WR~ 0' CO LAINT \:-to\'i <ho\rl-t- ~"J.e;-M ~ \)JY'l'+D'\ J...('(\~ SERVE { 5 NAtE OF INOiVIDUAL COMPANY ~~PORATION ETC TO SERVICE OR DESCRIPTiON OF PROPERTY TO BE lEVIED, ATTACHED OR SOLO . SJ 'oA e> """ '('y-\c...U~ ~ 6 AODfliESS (Street or AFD Apartment No City 80ro Twp Slale an IP Code) 0 7. ~:CATE UNUSIJAL SE~C~'i>" ~:;:~AL PERSON IN CHA"G~ DC~ER!D~AIL \~~~T~ o OTHER NOW, _, I, SHE BLAIR ,COUNTY, PA" do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law, This deputation being made at the request and risk of the plaintiff, SHERIFF OF BLAIR COUNTY 6 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: NOTE ONLY -U'PlICABLE ON WRIT OF EXECUTION N,S. WAIVER OF WATCHMAN - Any depuly sherif! levying upon or attaching any property under within writ l7lay leave ~al'T1c ','Vlthoul a watchmiln. m cuslody 01 whomever is found In possession. aflr>r notifying person of lellY or atlachment, without liability on the part of slleh deouty or the s"'eriff to any ol,1mtlff herem for any loss, destruction or removal of any such property before sherills' sale thereof. 9 SICNATURE 01 ATTORNEY or Olhf'r ORIGINATOR requesting service on behdil 01" 10. TELEPHONE NUMBER 11. DATE _~\~ to ~'-\f ~lAINTIFF o DEFENDANT SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE : acknowlec:;e 'eCf'lot ,1llhe wr,1 { SIGNAT~.ol~thorifer! BC!U} Deputy or Clerk and Title I 13. Data Received I 14. Expiration/Hearing date ~2 or cOfT1;Jlainl as ,...dll::illed aM,"e n, ~ (a -d-.. '1-'D ~ (. - 23 - 03 15 I '1I!;chy CERTIFY (']nd RETURN that I o have personally sen/ed. Onave served person In charge. 0 have legal evidence of Service as shown in "Remarks" (on reverse} Un;w rost"d ttle above deSCribed rrooerly with the writ or complaint described on the indiVidual. company, corporatiOn. etc.. at the address Shown above or on the indiVidual. cor:-: ;!flV. curonrallor ele. at lhe address '(1ser1ed below bv hand 1.'1910r Posting a TRUE and ATTESTED COpy IhElleof I t1~reby l;C'rtlty and rOlUrn a NOT FOUND b'O'cause I am unable to '~cale lhe 'ndivlduai comp;my. coroorO'llion, elc. :1m and I'tle 01 'nOlv'du~1 served named above (See remarks below) I1B. A oerson of SUitable age a~d discretion \ Read Order lhenres,dlng,nlhedetp.ndantsusualplace 01 abode, 0 0 20 Date 01 Service 21. Time 19 Adcress 01 where servp.d (complete only il dilferent fhan shown above] (Street or RFD, AOMtm~nt NQ. City. Boro. Two. Stale and ZIP Code) J rrIPTS ({io (;2' ! 0'0"01.\ tq k y;S I D'Pj I D':ll rlc I lit!:; I i-7 I~~s I ~~' 11{1 Mlc I iJ'~ lSQ:"~O~~' lO~ P~5~~O~~,6o !27.TOI.,COS" 3UJ,~o 128.~7i3~SO 30. REMARKS /5;tL I a fYf?" ~ i_~ 1 H61i,daYSburg Bom, BIa" County ~~.s:."'~MISSION EX'" RES My ComITNSS01 FVf'lrl& Apr 3,2007 I ACKNOWLEDGE ~P6rIihsYNSniildw.tE':!;tl~~'8r~I~:;1 ATUR OF AUTHOR:ZED ISSUING AUTHORITY AN1.')'1"i"L"~~ nas SO ANSWER. I By (Sherlf1l0ep ~Slgnat Sherifl) (Please Print or Type) Date Date [ 39, Date Recei..-ed SHEIIIFF'S RETURN OF SERVICE () (1) The within upon defendant by mailing to by prepaid a true and attested copy thereof at , the within named mail, retum receipt requested, postage on the ( ) The return receipt signed by defendant on the made part of this return, Outside the Commonwealth. pursuant to Pa. attested copy thereof at is hereto attached and (2 ) A.C,P, 405 Ie) (1) (2), by mailing a true and 'I ( ) in the following manner, (a) To the defendant by ( ) registered postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that defendant refused to accept the same The returned receipt and envelope is attached hereto and made part of :his return, " certified mail. return receipt requested, And thereafter: ( ) (b) To the defendant by ordinary majl lIddressed to defendant at same address, With the return address of the Shenff app..ring thereon, on fhe I further certify that after fifteen (1S ) days from fhe mailing datp., I have not received said envelope back from the Postalll.ulhonties A certificate of mai~ng is hereto attached as a proof of mailing, () (3) By publication in a daily publication of general CIrculation In the County of Blair Commonwealth of Pennsylvania, __ time (s) With publication appeanng The affidavit from said publication is hereto attached. () (4) By mailing to by mail. return receipt requested postage prepaid, on the a true and attested copy thereof at The Authorities marked is hereto attached I) (5) Other returnp.d by the Postal YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D, WERNER, Plain tiff v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, P,HENDERSON,RN,and C, scon, RN Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Civil Action - Law No. 03-2464 Civil Term Jury Trial Demanded ACCEPTANCE OF SERVICE I, Joseph S,D. Christoff, Esquire, hereby accept service of the Writ of Summons in the above-referenced action on behalf of the Defendant, Susan McClellan, CRN, and certify that I am authorized to do so. DATE:~ Respectfully submitted, DICKEY, MCCAMEY & CHILCOTE By: ftj;i eph S,D, Christof .# 19699 Two PPG Place, Ste, 400 Pittsburgh, PA 15222-5402 (412) 281-7272 Attorney for Defendant, Susan McClellan (') ~ -qt., nit'. ZC.' Z, C0;,f -<:. ~c. 5Ec -=c )>c: Z ::;! '7::;tlI ....~ ,'"') f', :",) "::t :J~ -, ',) YVONNE WERNER, INDIVIDUALLY: AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY: HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, P. HENDERSON, RN, and C.SCOTT,RN No. 03-2464 Civil Term Jury Trial Demanded Defendants CERTIFICATE OF SERVICE AND NOW, this 4th day of September, 2003, I, Shawn T. Peterson, hereby certify that I have served a true and correct copy of the foregoing Plaintiffs First Set of Request for Production of Documents Directed to Defendant Holy Spirit Hospital a/kl a Holy Spirit Hospital Of The Sisters of Christian Charity Holy Spirit Health System by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 N. Front Street Harrisburg, PA 17110-0950 Joseph S,D. Christof, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste. 400 Pittsburgh, PA 15222-5402 Lauralee B. Baker, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 SCHMIDT, RONCA &, KRAMER P.C. By: ^-~ Shawn T, Peterson 209 State Street Harrisburg, PA 1710 1 (717) 232-6300 o c z -ot.:-D (lJ (1] Z.':\.,l z;= (f.' -<,' "--j", ~.~-- ~ ~ :Zc' :i> -, C 7 =2 o ("" (/) r"1 "0 o -,.., ,~o -I", ;:;::'~ ..", - '.--' ,......- "~J :~.?, -,-, ',,<.-) ~ ;T1 _..J ...-{ ~'::'>- '~n =< "'" --:)~ 9 ,Co,) (1' YVONNE WERNER, INDIVIDUALLY: AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY: HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, P. HENDERSON, RN, and C.SCOTT,RN No. 03-2464 Civil Term Jury Trial Demanded Defendants CERTIFICATE OF SERVICE AND NOW, this 4th day of September, 2003, I, Sha.wn T. Peterson, hereby certify that I have served a true and correct copy of the foregoing Plaintiff's First Set of Interrogatories Directed to Defendant Holy Spirit Hospital ajkj a Holy Spirit Hospital Of The Sisters of Christian Charity Holy Spirit Health System by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Cra.ig A. Stone, Esquire Mette, Evans & Woodside 3401 N. Front Street Harrisburg, PA 17110-0950 Joseph S.D. Christof, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste, 400 Pittsburgh, PA 15222-5402 Lauralee B. Baker, Esquire Margolis Edelstein P.O, Box 932 Harrisburg, PA 17108-0932 SCHMIDi\ R::]-~ER P.C. By: L ~ Shawn T, Peterson 209 State Street Harrisburg, PA 17101 (717) 232-6300 g ;?' -QC,C. rn".~- 2:1:-" ;z:C ~,,~- ~C- ~' ='i:;'; ,v~ ~ c,:::~ '-,.} ,n ,-.., '-0 \ CO ,..-") ,:--,t- , ~- ~: ..t- O ;,'-\'J -:,1.;; .1\ :- .,- )--- ,,0 ~::::",rn .~! ::0 --< '-" Cf' YVONNE WERNER, INDIVIDUALLY: AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY: HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, P.HENDERSON,RN,and C.SCOTT,RN No. 03-2464 Civil Term Jury Trial Demanded Defendants PLAINTIFF'S OBJECTION TO INTERROGATORIES OF DEFENDANT HOLY SPIRIT HOSPITAL 9, What sums did Decedent incur or expend for Decedent's maintenance and support during each of the three (3) years preceding death? State fully the items and amount of each, ANSWER: Objection, This Interrogatories is unduly burdensome and impossible to answer, Plaintiff will provide an economic report on behalf of the Decedent in accordance with Cumberland County Pre-Trial practice, SCHMI ER,P.C. DATE: (/t/o~ By: Charles E, Schmidt, 1.0.# 19198 209 State Street Harrisburg, PA 1710 1 (717) 232-6300 Attorney for Plaintiff YVONNE WERNER, INDIVIDUALLY: AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE : SISTERS OF CHRISTIAN CHARITY: HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, P.HENDERSON,RN,and C.SCOTT,RN No. 03-2464 Civil Term Jury Trial Demanded Defendants CERTIFICATE OF SERVICE AND NOW, this 9th day of September, 2003, I, Shawn T. Peterson, hereby certify that I have served a true and correct copy of the foregoing Plaintiff's Objections to Interrogatories of Defendant Holy Spirit Hospital by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N, Front Street P.O. Box 999 Harrisburg, PA 17108 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 N. Front Street Harrisburg, PA 17110-0950 Joseph S.D. Christof, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste. 400 Pittsburgh, PA 15222-5402 Lauralee B. Baker, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 SCHMIDT, RONCA & KRAMER P.C. ~- By: Shawn T. Peterson 209 State Street Harrisburg, PA 17101 (717) 232-6300 () 0 (:J C. (",":' n <:: :n -U\~l': -q ITl!,; I --a Z~-, 2: en:;- (~ -' ?t-" .., :--- ' ..::;:;:: f:'l~~' ~) ,,) :;l>c :::.~ ...:~; ,~ ::rJ -:.:~ -" .t="' -< ~ YVONNE WERNER, INDIVIDUALLY: AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY: HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, P.HENDERSON,RN,and C.SCOTT,RN No. 03-2464 Civil Term Jury Trial Demanded Defendants PLAINTIFF'S OBJECTIONS TO REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT HOLY SPIRIT HOSPITAL 2. All expert opinions, reports, including "preliminary reports," summaries or other writings in your custody or control or your attorney or insurers, which relate to the subject matter of this litigation. RESPONSE: Objection, This Request exceeds the permissible scope of discovery. Timely expert reports will be provided in accordance with Cumberland County Pre-Trial practice. 3, The curriculum vitae of each and every expert who will be called to testify at trial. RESPONSE: Objection. By way of further response, Plaintiff will provide a curriculum vitae for each expert on the condition that the Defendant produces a curriculum vitae for each of it's experts. 4, Identify and produce copies of any deposition transcripts of the individual whom this Plaintiff has identified as an expert witness to testify on their behalf at the trial in the instant action, which are in the custody, possession or control of this Plaintiff and/ or their current or former counsel. It is intended that this request include, but not be limited to, all such deposition transcripts taken of such individuals in other cases where they were identified as expert witnesses in cases claiming personal injury or death as a result of alleged negligence from malpractice, RESPONSE: Objection. This Request exceeds the permissible scope of discovery. Timely expert reports will be provided in accordance with Cumberland County Pre-Trial practice. y submitted, ER,P.C. DATE: 1/1/0") By: Charles E. Schmidt, r. 1.0.# 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff YVONNE WERNER, INDIVIDUALLY: AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE : SISTERS OF CHRISTIAN CHARITY: HOLY SPIRIT HEALTH SYSTEM, : SUSAN McCLELLAN, CRN, P.HENDERSON,RN,and C.SCOTT,RN No. 03-2464 Civil Term Jury Trial Demanded Defendants CERTIFICATE OF SERVICE AND NOW, this 9th day of September, 2003, I, Shawn T. Peterson, hereby certifY that I have served a true and correct copy of the foregoing Plaintiffs Objections to Request for Production of Documents of Defendant Holy Spirit Hospital by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P,O. Box 999 Harrisburg, PA 17108 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 N, Front Street Harrisburg, PA 17110-0950 Joseph S.D. Christof, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste. 400 Pittsburgh, PA 15222-5402 Lauralee B. Baker, Esquire Margolis Edelstein P.O, Box 932 Harrisburg, PA 17108-0932 SCHMIDT, RONCA & KRAMER P.C. ^~~ By: Shawn T. Peterson 209 State Street Harrisburg, PA 1710 1 (717) 232-6300 G -ocr-, n'~'l : ::;..::~ :-r 2.' 1.. ~:':: r;:.:.'. ;t: :-~ =2 C~',~ L. 7,/~ '--q "J ~ " (::> r:i' :J1 x:- ; ,',-) ,':>:"1-\ . ~~: ',J:) -< YVONNE WERNER, INDMDUALLY AND AS THE ADMINISTRATRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Civil Action - Law v, No, 03-2464 Civil Term HOLY SPIRIT HOSPITAL, a/kJa HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, SUSAN MCCLELLA.N, CRN, p, HENDERSON, R.,.1\J, A1\JD C. SCOTT, RN Jury Trial Demanded STIPULATION OF COUNSEL OF RECORD WHEREAS, counsel of record agree that the individual defendants, p, Henderson, R.N. and S. Scott, R.N., were employees of Holy Spirit Hospital on June 5, 2001; and WHEREAS, Holy Spirit Hospital, a/kJa Holy Spirit Hospital of the Sisters of Christian Charity and Holy Spirit Health System are defendants in this case. IT IS HEREBY STIPULATED AND AGREED between counsel for all parties of record that P. Henderson, R.N. and C, Scott, R.N, shall be henceforth deleted as individual defendants in the above-captioned matter, It is understood and agreed that Holy Spirit Hospital, a/kJa Holy Spirit Hospital of the Sisters of Christian Charity and Holy Spirit Health System shall remain as defendants in the case ~ Date: By: and that Holy Spirit Hospital could be found liable for the negli P. Henderson, R.N, and C, Scott, R.N. on a theory of Re on at Craig A. Sto e, suire Mette, Evans & Woodside Counsel for defendants Holy Spirit Hospital a/k/a aly Spirit Hospital of the Sisters of Chri ian Chari~, Holy Spir' t Health System ( ---- By: Charles E. Schmidt, Jr., squire Schmidt, Ronca & Kramer, P.C, Counsel for Plaintiff :5','4'1.. ~,,~qM;,~"!~,q:e. 1) I c.-~, C I t..( <: Uoc- ~ ~ l111rgel;o Eddotciu CM: I c.vf..... P. C . Counselfor defendant Susan McClellan, CRN :333070 _1 '-'-.' -, l ~I:i ,'-, C r::' ~~ I. )..., :..) o ~; :. c' --,'j :'''') '-;1 -"'0 eJ:j o SEP 1 6 Z003 V- YVONNE WERNER, INDMDUALLY AND AS THE ADMINISTRATRIX OF THE ESTATE OF JERRYD. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Civil Action - Law v. No, 03-2464 Civil Term HOLY SPIRIT HOSPITAL, a/kJa HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARIlY HOLY SPIRIT HEALTH SYSTEM, SUSAN MCCLELLAN, CRN, P. HENDERSON, RN, AND C, SCOTT, RN Jury Trial Demanded ORDER AND NOW, this ~ay of .( t'" f + , 2003, upon consideration of the within Stipulation and written consent of counsel for all parties to the above action, a discontinuance and voluntary termination is entered as to named defendants P. Henderson, RN and C. Scott, RN pursuant to Pennsylvania Rule of Civil Procedure 229. The action shall continue, without effect or prejudice hereby, against remaining defendants. BY THE COURT: I/--f o;/J :336271 _1 -rofi' \tt p~! ff \~ ~ \Ji~\':\:'>\l,\S\iN":ld 1_. _ ~'. r-"'.....~~'n"" " ',"-,'!",;! IV "'")." ,",,', ("-, ", /"J' ~J.J ,,? CJj~ (,!.; 'tV'lJ ',C','. _.'''' AU':-'L: -V) ....,-. YVONNE WERNER, INDIVIDUALLY: AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY: HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, P.HENDERSON,RN,and C.SCOTT,RN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law No. 03-2464 Civil Term Jury Trial Demanded Defendants CERTIFICATE OF SERVICE AND NOW, this 26th day of September, 2003, I, Shawn T. Peterson, hereby certify that I have served a true and correct copy of the foregoing Plaintiffs Responses to Request for Production of Documents of Defendant Holy Spirit Hospital by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Craig A. Stone, Esquire Mette, Evans & Woodside 3401 N. Front Street Harrisburg, PA 17110-0950 Joseph S,D. Christof, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste. 400 Pittsburgh, PA 15222-5402 SCHMIDT, RONCA & KRAMER P.C. By: ^JJ Shawn T, Peterson 209 State Street Harrisburg,PA 17101 (717) 232-63001 o ~ "0:: mrfi Z::c Zt;' C/)~... -<-.' ~C ~Q <:'U "'c ~ o w en ." -0 N U) o "Tl ..... :~~ fI1 "r-:f!"'"1 :";0 -'J 1. =~ ~--' ',-' r, "0','- -,-. ",,2t5 Om j;! :u -< ~. ~': _.~ SY ...- YVONNE WERNER, INDIVIDUALLY: AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY: HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, P.HENDERSON,RN,and C.SCOTT,RN No. 03-2464 Civil Term Jury Trial Demanded Defendants CERTIFICATE OF SERVICE AND NOW, this 26th day of September, 2003, I, Shawn T. Peterson, hereby certify that I have. served a true and correct copy of the foregoing Plaintiffs First Set of Interrogatories Directed to Defendant Susan McClellan, CRN by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Craig A. Stone, Esquire Mette, Evans & Woodside 3401 N, Front Street Harrisburg, PA 17110-0950 Joseph S.D. Christof, Esquire Dickey, McCarney & Chilcote Two PPG Place, Ste. 400 Pittsburgh, PA 15222-5402 SCHMIDT, RONCA & KRAMER P.C. By: Shawn T. e erson 209 State Street Harrisburg, PA 17101 (717) 232-6300 (') c ;;-:: -00.' fTl".' ZT ~~; ~,~. ~C') :i>f:! ~ c (,,) V) 1-'1 '0 o ',~ .. ^ ',-~ , i':~- .'"n .."y :;'() ,-t.,,! '--;'1 ':20 ':sm ~--t ,,- :u -< '" \,D --0 ~ w &" , . YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Civil Action - Law v, HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, CRN, Defendants No. 03-2464 Civil Term Jury Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Civil Action - Law v, HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, CRN, Defendants No. 03-2464 Civil Term Jury Trial Demanded AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demand as que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional, Usted puede perder dinero 0 propiedad u otros derechos importantes para usted, USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUlENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO, SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN, DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 1710 1 (717) 232-7536 , ' YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D, WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Civil Action - Law v, HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, CRN, Defendants No. 03-2464 Civil Term Jury Trial Demanded COMPLAINT AND NOW comes the Plaintiff, Yvonne Werner, Individually and as Executrix of the Estate of Jerry D. Werner, by her attorneys, Schmidt, Ronca & Kramer, P,C" who set forth as follows: 1. Plaintiff, Yvonne Werner, is an adult individual residing at 2140 Potts Hills Road, Etters, York County, Pennsylvania, and is the duly appointed Executrix of the Estate of Jerry D. Werner, her deceased husband, by Letters Testamentary granted by the Register of Wills of York County on November 2, 2001. 2, Holy Spirit Hospital a/k/a Holy Spirit Hospital of the Sisters of Christian Charity and Holy Spirit Health System is a Corporation within the Commonwealth of Pennsylvania with a registered address at North 21st Street Camp Hill, Pennsylvania 17011. 3, Susan McClellan is an adult individual who resides at 308 2nd Avenue, Apt. 31, Altoona, Pennsylvania 16602, 4. At all times relevant to the Plaintiffs cause of action, Defendant Susan McClellan was the agent, servant and employee of Holy Spirit Hospital a/k/ a Holy Spirit Hospital of the Sisters of Christian Charity and Holy Spirit Health System, 5, At all times relevant to the Plaintiffs' cause of action, unnamed doctors, nurses and medical staff were acting as agents, servants, and employees of Defendant Holy Spirit Hospital. 6. At all times relevant to the Plaintiffs' cause of action, there existed a patient relationship between the Plaintiffs' Decedent, Jerry D. Werner, (hereinafter "Decedent"), and the Defendants. OPERATIVE FACTS 7, On April 26, 2001, Allen S, Wenger, M.D, recommended Decedent undergo a transurethral resection of the prostate, 8, A period of about 30 days elapsed while Decedent was treated with medications in order to insure hemodynamic stability prior to surgery, 9. On May 31,2001, Dr. Wenger saw Decedent for a follow-up visit and cleared him for surgery, 10, On June 5,2001, Decedent was taken to the operating room at Holy Spirit Hospital where anesthesia was started at 4:54 p,m. The surgery (TURP) began at 5:04 p,m, and lasted until approximately 6:20 p,m, 11. During the surgery, Decedent was given 15 bags of Glycine and sterile water as an irrigant, 2 12, Decedent developed hypotension and hypoxia, with blood pressure dropping from 108/62 at 5:55 p.m, to 90/42 at 6:00 p.m.; Ephedrine was given for hypotension, 13, Lasix was administered at 5:35 and 5:55 p,m.; Romanzecon was given at 6:00 p.m, 14, Blood pressure and pulse rates began to deteriorate at 6: 10 p,m. 15. The oxygen saturation level dropped to 60 during surgery. 16. Blood lab work showed that Decedent's sodium level dropped from a pre-operative level of 138 to and intra-operative level of 94, suggesting fluid overload and TURP Syndrome, 17. Decedent was admitted to the Intensive Care Unit at 8: 10 p,m" and was pronounced dead at 11 :04 p.m. COUNT I - SURVIVAL ACTION Medical Negligence and Vicarious Liability Yvonne Werner, Executrix Of The Estate Of Jerry D. Werner, Deceased v. All Named Defendants, Individually And As Agents, Servants And Employees Of Defendant Holy Spirit Hospital a/k/a Holy Spirit Hospital of the Sisters of Christian Charity and Holy Spirit Health System. 18, Paragraphs 1 - 17 are incorporated herein by reference as if set forth in full, 19, Yvonne Werner has the right to bring the following survival action on behalf of the Estate of Decedent under the Pennsylvania Survival Statute, 42 Pa,C.S,A, !3 8302, and pursuant to 20 Pa.C,S.A. !3 3373. 20. At no time during his life did the Decedent bring an action to recover damages for his personal injuries. However, actions other than the 3 above-captioned action has been commenced against Allen S. Wenger, M.D. and Mid-Penn Urology and Ann Greiner, M.D. and West Shore Anesthesiology to recover damages for the death of Jerry D. Werner, 21. The death of Decedent was caused by the negligence of Defendants Holy Spirit Hospital a/k/ a Holy Spirit Hospital of the Sisters of Christian Charity and Holy Spirit Health System" and the hospital staff controlling and overseeing the operating room of Holy Spirit. 22. The negligence of Defendant McClellan consisted of: a. failure to monitor vital signs; b. failure to timely recognize signs of fluid overload and TURP Syndrome; c. failure to timely notify Dr. Greiner of changes in vital signs; and d, failure to timely notify Dr, Wenger of changes in vital signs. 23, The negligence of unnamed doctors, nurses and medical staff of Defendant Holy Spirit consisted of: a. failure to monitor vital signs; b. failure to notify Dr. Wenger of changes in vital signs and of possible fluid overload and TURP Syndrome; c, failure to monitor fluid input and output from the Plaintiffs decedent; d, failure to notify Dr, Wenger and Dr. Greiner of possible fluid overload and TURP Syndrome; and e. failure to monitor height of irrigant bags, or in the alternative setting the irrigant bags too high. 24. As a direct and proximate result of the negligence of the Defendants, Decedent died on June 5, 2001. 4 25. As a direct and proximate result of the negligence of the Defendants, Decedent's Estate will suffer loss of earnings and earning capacity. 26. Plaintiff claims, on behalf of the Estate of Jerry D. Werner, all damages suffered by the Estate by reason of the death of the Decedent, as well as for pain and suffering and fear of impending death the Decedent experienced prior to his death, 27, Plaintiff claims damages for the additional medical expenses incurred for the treatment of the Decedent prior to his death along with the loss of Decedent's net earnings from the date of death until the respective remainder of his worklife and further claims all damages recoverable under the Pennsylvania Survival Statute. 28, In addition, Plaintiff claims any other damages recoverable under the Pennsylvania Survival Statute, WHEREFORE, the Plaintiff, Yvonne Werner, Executrix of the Estate of Jerry D. Werner, Deceased, demands judgment against the Defendants in excess of an amount requiring compulsory arbitration together with attorneys' fees and costs, COUNT II - Wrongful Death Action Medical Negligence and Vicarious Liability Yvonne Werner, Executrix Of The Estate Of Jerry D. Werner, Deceased v. All Named Defendants, Individually And As Agents, Servants And Employees Of Defendant Holy Spirit Hospital a/k/a Holy Spirit Hospital of the Sisters of Christian Charity and Holy Spirit Health System. 29, Paragraphs 1 - 28 are incorporated herein as if set forth in full. 5 30. Plaintiff, Yvonne Werner, has the right to bring the following Wrongful Death Action on behalf of the wrongful death beneficiaries under the Pennsylvania Wrongful Death Statute, 42 Pa,C,S,A, S 8301, and pursuant to Pa.R.C,P. 2202(a), 31, No action was brought prior to death of Decedent. 32. The persons entitled by law to recover wrongful death damages as a result of the death of Decedent, are: a. Yvonne Werner (Wife) 136 Rexmont Road Lebanon,PA 17042 b. Steven Werner (Son) 78 Eastfield Drive Lebanon,PA 17042 c, Jeanette Orner (Daughter) 3741 Old Township Road Harrisburg, PA 17111 33. Plaintiff claims damages of the Defendants under and by virtue of the Pennsylvania Wrongful Death Statute for the pecuniary value of future services, support, society, comfort, and contribution of the Decedent that would have been rendered to the wrongful death beneficiaries for the expected remainder of their lives, 34, Plaintiff demands payment for all medical bills and/or expenses for medical treatments made necessary by the negligence of the Defendants, 35, Plaintiff further demands payment for funeral and burial expenses. 6 36. In addition, Plaintiff demands payment for all economic losses suffered by the Decedent's survivors including costs of administration and other expenses reasonably associated with the Decedent's death. WHEREFORE, the Plaintiff, Yvonne Werner, Executrix of the Estate of Jerry D. Werner, Deceased, demands judgment against the Defendants in excess of an amount requiring compulsory arbitration together with attorneys' fees and costs. submitted, Date: q/dC(lo~ By: Charles E. Schmidt, J ., Esquire Attorney I.D. #19198 Cara E, Gruszecki Attorney I.D, #89229 209 State Street Harrisburg, PA 17101 717-232-6300 Attorneys for Plaintiff ONCA & K / L-. fL~ ER,P.C. 7 VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, Yvonne Werner, Individually and as Executrix of the Estate of Jeny D. Werner, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not mine. I have read the Complaint, and to the extent that it is based upon information which 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 contents of the Complaint are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C,S, ~4904 relating to unsworn falsifications made to authorities, ~ t/ '-e.-- ?~.. ~.J ONNE WERNER CERTIFICATE OF SERVICE AND NOW, this 30th day of September, 2003, 1, Charles E. Schmidt, Jr., Esquire, counsel for the Plaintiff, hereby certify that I have, this day, served a copy of the foregoing Complaint by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Craig A. Stone, Esquire Mette, Evans & Woodside 3401 N. Front Street Harrisburg, PA 17110-0950 Joseph S.D, Christof, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste, 400 Pittsburgh, PA 15222-5402 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N, Front Street P.O. Box 999 Harrisburg, PAl 71 08 Lauralee B, Baker, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 submitted, By: NCA & ER, P.C. i&f~ Charles E. Schmid, Jr. 1.0.# 19198 209 State Street Harrisburg,PA 17101 (717) 232-6300 Attorney for Plaintiff 0 c::> 'J ~ ':'.,,:; ~1 ~ .v1..")"i C-, 'T' (iil i' ...... f;::;' Z ~:L~ I .-In -/'- ,--, Y~'!~.: .;~.. 1~.:J(~_) C' C: -, 3..1 :::: _r~, _, :fir,::> -=-:0.: ~}C) ..;::::( r:-? ,,'5rn :Pc: ,,-u..\ -;:~ :.n ;,..,. ~ <=> ~ YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D, WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, CRN, Defendants NO. 03-2464 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO HOLY SPIRIT HOSPITAL AI KIA HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM. AND SUSAN McCLELLAN. CRN I, Charles E. Schmidt, Jr., counsel for the Plaintiff, certify that: 1, An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercises or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside the acceptable professional standards and that such conduct was a cause in bringing about the harm; and 2, The claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; Jti&~ / .. . , By: Date: OJ f5J J.M Charles K Schmidt, Jr. ID # 19198 209 State Street Harrisburg, PA 17101 717 -232-6300 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 16th day of October, 2003, I, Charles E. Schmidt, Jr" Esquire, counsel for the Plaintiff, hereby certify that I have, this day, served a copy of the foregoing Certificate of Merit by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Craig A. Stone, Esquire Mette, Evans & Woodside 3401 N, Front Street Harrisburg, PA 17110-0950 Joseph S,D. Christof, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste. 400 Pittsburgh, PA 15222-5402 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Lauralee B. Baker, Esquire Margolis Edelstein P,O. Box 932 Harrisburg, PA 17108-09:32 Respectfully pubmitted, SCHMIDT By: Charles E. Schmidt, r. 1.0.# 19198 209 State Street Harrisburg, PA 17101 (717) 22:2-6300 Attorney for Plaintiff o ,.- ~;;: -0(';"1 fTlf"-' --:7'''1 ~ ^~, ch -< ib; ,/-..,. -4 -< c:,~ \.--' ::> .) -'. ;',.) ,) (...:; r'~ ':52 YVONNE WERNER, INDIVIDUALLY AND AS THE ADMINISTRATRIX OF THE ESTATE OF JERRY D, WERNER, Plaintiff V, HOLY SPIRIT HOSPITAL, a!k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, and SUSAN McCLELLAN, CRN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO" PENNSYL VANIA Civil Action - Law No, 03-2464 Civil Term Jury Trial Demanded NOTICE TO PLEAD TO: Yvonne Werner c/o Charles E. Schmidt, Jr., Esquire Schmidt, Ronca & Kramer, p,c. 209 State Street Harrisburg, PA 17101 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you, By: Date: October 20, 2003 :337307_1 Res ect lly submitted, ~ WOODSIDE em;,. ",' r Sup. Ct. LD, No, 15907 3401 North Front Street p, 0, Box 5950 Harrisburg, PA 171I0-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Defendants YVONNE WERNER, INDIVIDUALLY AND AS THE ADMINISTRATRIX OF THE ESTATE OF JERRY D, WERNER, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYL VANIA Plaintiff Civil Action - Law v, No, 03-2464 Civil Term HOLY SPIRIT HOSPITAL, a/k/a HOL Y SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, and SUSAN McCLELLAN, CRN, Jury Trial Demanded Defendants ANSWER WITH NEW MATTER OF DEFENDANTS HOLY SPIRIT HOSPITAL. AfKjA HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY AND HOLY SPIRIT HEALTH SYSTEM TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, Holy Spirit Hospital a/Ida Holy Spirit Hospital of the Sisters of Christian Charity and Holy Spirit Health System, hereinafter collectively referred to as "Hospital" and/or "Answering Defendant," by its attorneys, Mette, Evans & Woodside, P,C, who answer Plaintiffs Complaint, with New Matter, as follows: I. After a reasonable investigation, Hospital is without information or knowledge sufficient to form a belief as to the truth of the averments of the corresponding paragraph of Plaintiff s Complaint, the same are therefore denied and strict proof, ifrelevant, is demanded at the time of trial. 1 2, Denied as stated. It is admitted that Holy Spirit Hospital of the Sisters of Christian Charity is a corporation with a principal place of business located at North 21 st Street, Camp Hill, Pennsylvania 170 II, 3. The averments of the corresponding paragraph of Plaintiff s Complaint refer to the identity agency and activities of a defendant or defendants other than Answering Defendant. As such, Answering Defendants have been advised that no answer is required of it. If an answer is deemed required, the same is denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e), 4, Denied as stated, Hospital's Answers to Plaintiff's Interrogatories are incorporated by reference as though fully set forth, At all times material hereto, Susan McClellan was an independent contractor vis a vis Hospital. 5, After reasonable investigation, Hospital is without information or knowledge sufficient to form a belief as to the identity of the "unnamed doctors, nurses and medical staff' who were allegedly acting as agents, servants and employees of Hospital, the same is therefore denied, and strict proof, if relevant, is demanded at the time of trial. 6, Denied, The averments of the corresponding paragraph of Plaintiffs Complaint contain conclusions of law to which no answer is required. If an answer is deemed required, the same are denied pursuant to Pennsylvania Rule of Civil Procedure I 029( e), OPERATIVE FACTS 7,-9, Denied for reasons set forth in Paragraph 3, By way offurther answer, Hospital's records are incorporated by reference as though fully set forth, 2 10.-17, Denied as stated and pursuant to Pennsylvania Ru1e of Civil Procedure 1029(e). Hospital's records and Dr. Greiner's deposition testimony are incorporated by reference as though fully set forth, WHEREFORE, Answering Defendant demand that Plaintiffs Complaint be dismissed with costs to it. COUNT I - SURVIVAL ACTION MEDICAL NEGLIGENCE AND VICARIOUS LIABILITY Yvonne Werner, Executrix of the Estate of Jerry D. Werner, Deceased v. All Named Defendants, Individually and as Agents, Servants and Employees of Defendant Holy Spirit Hospital aIkIa Holy Spirit Hospital of the Sisters of Christian Charity and Holy Spirit Health System 18. The averments of Paragraph I through 17 ofthis Answer with New Matter are incorporated by reference as though fully set forth, 19, Denied for reasons set forth in Paragraphs I, and 6, 20, Denied for reasons set forth in Paragraph I, 21. Denied pursuant to Pennsylvania Rule of Civil Procedure I 029( e) and for reasons set forth in Paragraphs 5 and 6, 22, Denied for reasons set forth in Paragraph 3, 23-24, Denied for reasons set forth in Paragraph 21, 25,-28. Denied for reasons set forth in Paragraphs 1,6 and 21. WHEREFORE, Answering Defendant demand that Plaintiffs Complaint be dismissed with costs to it. 3 COUNT II - WRONGFUL DEATH ACTION MEDICAL NEGLIGENCE AND VICARIOUS LIABILITY Yvonne Werner, Executrix of the Estate of Jerry D. Werner, Deceased v, All Named Defendants, Individually and as Agents, Servants and Employees of Defendant Holy Spirit Hospital aJk/a Holy Spirit Hospital of the Sisters of Christian Charity and Holy Spirit Health System 29, The averments of Paragraph 1 through 28 of this Answer with New Matter are incorporated by reference as though fully set forth, 30, Denied for reasons set forth in Paragraphs 19, 31, Denied for reasons set forth in Paragraph 20, 32,-36, Denied for reasons set forth in Paragraphs 1 andl6, WHEREFORE, Answering Defendant demand that Plaintiffs Complaint be dismissed with costs to it. NEW MATTER 1, The facts set forth in the foregoing answers to Plaintiffs' Complaint are incorporated herein by reference as though fully set forth at length, 2, Plaintiffs allegations in the actions referred to in Paragraph 20 of the Complaint are incorporated by reference as though fully set forth. 3, Plaintiffs Complaint fails to state a claim upon which relief can be granted against Answering Defendant. 4, At no time relevant hereto were Defendants, their agents, servants, employees or otherwise acting for or on behalf of any other Defendant in this action or any other natural person, partnership, corporation or other legal entity, 4 5, At no time relevant hereto was any other natural person, partnership, corporation or other legal entity acting or serving as an agent, servant, employee or otherwise for or on behalf of Answering Defendant. 6, At all times relevant hereto Answering Defendant, through their agents, servants, and employees, complied with the applicable standards of care, 7, Plaintiffs' Decedent may have assumed the risk of harm and this action may therefore be barred by the Doctrine of Assumption of Risk, 8, Answering Defendant believes and therefore avers that evidence accumulated through discovery and provided at trial may establish that Plaintiffs' Decedent was contributorily or comparatively negligent, and in order to protect the record, Answering Defendant hereby plead contributory and comparative negligence as an affirmative defense, 9, Answering Defendant are entitled to indemnity and contribution in accordance with the Pennsylvania Comparative Negligence Act, 42 P,S, g7102, 10, In the event that it is determined that Answering Defendant were negligent with regard to any of the allegations contained in, and with respect to Plaintiffs' Complaint, said allegations being specifically denied, said negligence was superseded by the intervening negligent acts of other persons, parties and/or organizations other than Answering Defendant and over whom said Answering Defendant had no control, right or re:sponsibility and, therefore, Answering Defendant are not liable, II, To the extent that the evidence may show that other persons, parties, partnerships, corporations or other legal entities caused or contributed to the injuries or exacerbation of the 5 pre-existing condition of Plaintiff, then the conduct of the Answering Defendant was not the legal cause of such conditions or injuries, 12, Any acts or omissions of Answering Defendant alleged to constitute negligence were not substantial causes or factors contributing in the injuries and damages alleged in Plaintiffs' Complaint. 13, Plaintiffs' injuries and losses, if any, were not caused by the conduct or negligence of Answering Defendant, but rather were caused by pre-existing medical conditions and/or causes beyond the control of Answering Defendant, and Plaintiffs may not recover against it. 14, The acts or omissions of others, and not Answering Defendant, constituted intervening and/or superceding causes of the injuries and/or damages alleged to have been sustained by Plaintiffs and Answering Defendant cannot, therefore, pursuant to Pennsylvania law, be held liable for the alleged injuries to Plaintiffs, 15, Plaintiffs' claims are barred by operation of the applicable statute of limitations, including 42 Pa,C,S,A, 95524 and 40 P.S, 91301.605, 16. The damages alleged by Plaintiffs did not result from acts or omissions of Answering Defendant, their agents, servants or employees, but, rather, from acts or omissions of other persons and/or entities over whom Answering Defendant had no control or right of control. 17, Plaintiffs claims, the existence of which is specifically denied by Answering Defendant, may be reduced and/or limited by any collateral source of compensation and/or benefit in accordance with the Pennsylvania Supreme Court decision in Moorhead v, Crozer Chester Medical Center, 6 18, Answering Defendant is entitled to and asserts aU defenses available to it under the MCARE Act, Act 13 of2002, if any, 19. Answering Defendant is entitled to and asserts alii defenses available to it under the Fair Share Act, 42 Pa, C,S. S7102B, if any. 20, Answering Defendant demands trial by jury on all issues, 21. Pa,R.C,P, 238 is unconstitutional on its face and as it may be applied in this case, WHEREFORE, Answering Defendant demand that Plaintiffs' Complaint be dismissed with costs to them. Respectfully submitted, 3401 N h Fr nt Street p, O. Bo 59 Harrisburg, A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax t WOODSIDE By: Dated: October 20, 2003 Attorneys for Defendants 7 VERIFICATION The language of the foregoing document is that of counsd and not necessarily my own; however, I have read the foregoing document and to the extent it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information and belief; to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S,A, 94904, relating to unsworn falsification to authorities, HOLY SPIRIT HOSPITAL aJkfa HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY and HOLY SPIRIT HEALTH SYSTE:\1 By: d)1.{1.lldlt,JeUL CA.av~, Francesca Charne:r, Risk Manage Dated: Octpber 20, 2003 :337307_1 CERTIFICATE OF SERVIC~ 1 certify that 1 am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Charles E, Schmidt, Jr., Esquire Schmidt, Ronca & Kramer, P.e. 209 State Street Harrisburg, PAl 7101 Joseph S,D, Christof, Esquire Dickey, McCamey & Chilcote Two PPG Pla(:e, Suite 400 Pittsburgh, PA 15222-5402 Evan Black, Esquire Thomas, Thomas & Hafer, LLP , 305 North Front Street P,O. Box 999 Harrisburg, PA 17108 Lauralee B. Baker, Esquire Margolis Edelstein P,O, Box 932 Harrisburg,PA 17108-0932 Respectfully submitted, By: Craig A, Sto e sq ire Sup, Ct. 1.0. 0 15907 3401 North Fr t Street P. 0, Box 5950 Harrisburg, PAl 71I 0-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Defendants Date: October 20, 2003 381708vl CJ ~: c"~ ~ , , ~'n --_;t , ...) :"J ..~.1 (::; YVONNE WERNE~, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D, WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Civil Action - Law v. HOLY SPIRIT HO PITAL a/k/a HOLY SPIRIT HO PITAL OF THE SISTERS OF CHR STIAN CHARITY HOLY SPIRIT HE LTH SYSTEM, And SUSAN McC LLAN, CRN, Defendants No, 03-2464 Civil Term Jury Trial Demanded LAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS HOLY SPIRIT HOSPITAL, A/K/ HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTI CHARITY AND HOLY SPIRIT HEALTH SYSTEM AND NOW, ~omes the Plaintiff, by her attorneys, Schmidt, Ronca & ! Kramer, P,C" who ifiles the following Reply to the New Matter of Defendants Holy Spirit HosPit+ a/k/ a Holy Spirit Hospital of the Sisters of Christian Charity and Holy ~Pirit Health System: 1. parag+Ph 1 does not require a responsive pleading, 2. paragrfPh 2 does not require a responsive pleading. 3, paragrfPh 3 contains a conclusion of law to which no response is ! required, ! 4. i paragrfph 4 does not require a responsive pleading. 5, Denied, It is specifically believed and averred that the individual nurses were either employees, agents and servants or parent agents for Defendant Holy Spirit. 6, Denied. The allegation contained in Paragraph 6 is specifically denied for reason~ more particularly set forth in Plaintiffs Complaint. 7. The Dpctrine of Assumption of Risk does not apply to this action, ! I 8. The Dpctrine of Comparative Fault does not apply to this action, I 9, Parag~aph 9 is directed to parties other than the Plaintiff. , 10, Plaint1ff is unable to admit or deny the allegations in paragraph 10 because the mean~ of proof are in the exclusive control of the Defendants, Discovery is prese~tly ongoing. 11, Paragr~ph 11 does not require a responsive pleading, 12, Denied. For reasons more particularly set forth in Plaintiff's Complaint, the alle~ations contained in paragraph 12 are denied, 13, Deniedl. For reasons more particularly set forth in Plaintiffs , Complaint, the allegations contained in paragraph B are denied. 14. Deniedl It is specifically denied that the Superceding or Intervening Cause rPoctrine appears to this case, , , , 15, Denied~ Plaintiffs claims were timely filed. ! 16, The Plaintiff is unable to admit or deny the allegations contained in I paragraph 16 beca~se the means of proof are within the exclusive control of the Defendant, and rlaintiff demands strict proof of the same. 2 17. Paragraph 17 contains a conclusion of law to which no response is required. 18. Paragraph 18 does not require a responsive pleading. 19. Paragtaph 19 does not require a responsive pleading. In addition, Plaintiffs cause o~ action arose before the effective date of the said act. I Moreover, Plaintif~ believes and avers that the Fair Share Act, 42 Pa, C,S,A, 13 7102(b) is unconsjitutional. 20, Parag ,aph 20 does not require a responsive pleading. 21. parag~aph 21 does not require a responsive pleading, , WHEREFO+, Plaintiff demands judgment in accordance with the prayer for relief fil~d in her Complaint. RespectfuftYisubmitted, SCIIMI T'TN/i? J(/ i~D L_..... ER,P.C. Date: \ C)( Q.q ~d~ I , , I By: Charles E. Schmidt, J ., Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 717-232-6300 Attorneys for Plaintiff 3 VERIFICATION I, Charles E. Schmidt, Jr., Esquire, verify that [ am attorney of record for the Plaintiff, I vedfy that the facts contained in the foregoing document are I true and correct t1 the best of my knowledge, information and belief. I understand t*at intentional false statements herein are made subject to the penalties of 1~ Pa. C.S,A, !34904 relating to unsworn falsifications to authorities. SCHMI T"CNCA & K f),-- (' / (~:JC ER,P.C. Date: i 101,9.'6lcb?:> By: Charles E. Schmidt, Attorney LD, #19198 209 State Street Harrisburg, PA 17101 717 -232-62100 Attorneys for Plaintiff ., Esquire CERTIFICATE OF SERVICE AND NOW, this 29th day of October, 2003, I, Charles E, Schmidt, Jr" Esquire, counsel fOr the Plaintiff, hereby certify that I have, this day, served a copy of the foregoing Reply to New Matter by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Craig A. Stone, Esquire Mette, Evans & Woodside 3401 N. Front Street Harrisburg, PA 1711 0-0950 Joseph S,D. Christof, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste, 400 Pittsburgh, PA 15222-5402 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O, Box 999 Harrisburg, PA 17108 Lauralee B, Baker, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Respectfully submitted, ONC!, /t'((~J(} R,P.C, By: Charles E. Schmid, Jr, I.D,# 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff (') 0 0 ~ w " 0 -..; -ou' n ;.4;~! !:pC', . ..... -'.., r "'-~ W -rJm tf,' :':19 :Jot.; C> ,., .l.. ~t :;:~? ;,:::' -0 .',. i:l ~<:: ::.:: 'de) :>c' r:y om C ~ Z "'"' :0 :;;! =< S:\KIRSCHJ\Wemer\answer and new matter.wpd November 14, 2003 (1 :02pm) G,D, No, 03-2464 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRYD. WERNER, Plaintiff, v, HOLY SPIRIT HOSPITAL aJk/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, and SUSAN McCLEllAN, CRN, Defendants, NOTICE TO PLEAD TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter to Plaintiff's Complaint in Civil Action within twenty (20) days from the date of service hereof or a judgment may be entered against you, CIVIL DIVISION G,D, No, 03..2464 Civil Term Issue No, ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT Code: Filed on behalf of Defendant, Susan McClellan, CRNA Counsel of record for this party: Joseph S,D, Christof, II, Esq, Pa, I.D, # 19699 Jennifer M, Kirschler, Esq, Pa, I.D, #65588 DICKIE, McCAMEY & CHILCOTE, P,C, Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED S:\KIRSCHJ\Wemer\answ~r and new matter.wpd November 14, 2003 (1 :02prn) GoO. No. 03-2464 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA YVONNE WERNER, INDIVIDUALLY AND CIVIL DIVISION AS EXECUTRIX OF THE EST ATE OF JERRY D. WERNER, G.D. No. 03-2464 Civil Term Plaintiff, v. HOLY SPIRIT HOSPITAL alkla HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, and SUSAN McCLELLAN, CRN, Defendants. ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Susan McClellan, CRNA, by and through her attorneys, Dickie, McCamey & Chilcote, P.C., and files the following Answer and New Matter to Plaintiffs Complaint averring as follows: 1.-2. After reasonable investigation, this Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraphs 1 and 2 of Plaintiffs Complaint. 3. The allegations of Paragraph 3 of Plaintiffs Complaint are admitted. 4. To the extent the allegations of Paragraph 4 of Plaintiffs Complaint contain legal conclusions, no response is required. To the extent a response is deemed necessary, it is specifically denied that this Defendant was an agent, servant and/or employee of Holy Spirit Hospital. By way of further response, this Defendant was an independent contractor. S:\KlRSCHJ\Wemer\answ~r and new malter.wpd November 14, 2003 (1:02pm) GoO. No. 03-2464 Civil Term 5. To the extent the allegations of Paragraph 5 of Plaintiffs Complaint do not relate to this Defendant, no response is required. To the extent a response is deemed necessary by this Defendant, said allegations are denied. 6. To the extent the allegations of Paragraph 6 of Plaintiffs Complaint relate to this Defendant, said allegations are admitted. 7.-9. The allegations of Paragraphs 7 through 9 of Plaintiffs Complaint do not relate to this Defendant and therefore require no response. 10.-17. To the extent the allegations of Paragraph 10 through 17 of Plaintiffs Complaint do not relate to actions by this Defendant, no response is required. To the extent a response is deemed necessary by this Defendant, and to the extent that the allegations are an incomplete or inaccurate statement of the medical records, said allegations are denied in accordance with 1029( e). COUNT I - Survival Action Medical Negligence and Vicarious Liability Yvonne Werner, Executrix ofthe Estate of Jerry D. Werner, Deceased v. All Named Defendants, Individually and as Agents, Servants and Employees of Defendant Holy Spirit Hospital aJk/a Holy Spirit Hospital of the Sisters of Christian Charitv and Holv Snirit Health Svstem 18. This Defendant incorporates her answers to Paragraphs 1 through 17 of Plaintiffs Complaint as though set forth herein at length. 19. To the extent the allegations of Paragraph 19 of Plaintiffs Complaint contains legal conclusions, no response is required. 20. The allegations of Paragraph 20 of Plaintiffs Complaint are admitted. 2 S:\KlRSCI-U\Wemer\answ~ and new matler.wpd November 14, 2003 (1:02pm) G.D. No. 03-2464 Civil Term 21. To the extent the allegations of Paragraph 21 of Plaintiffs Complaint contain legal conclusions and do not relate to this Defendant, no response is required. To the extent a response is deemed necessary, the allegations are denied. 22. To the extent the allegations of Paragraph 22 of Plaintiffs Complaint contain legal conclusions, no response is required. To the extent a response is deemed necessary, it is specifically denied that this Defendant was negligent. By way of further response, subparagraphs (a) through (d) are specifically denied. 23. To the extent the allegatIOns of Paragraph 23 of Plaintiffs Complaint contain legal conclusions and do not relate to this Defendant, no response is required. To the extent a response is deemed necessary, the allegations are denied. 24. To the extent the allegations of Paragraph 24 of Plaintiffs Complaint contain legal and medical conclusions, no response is required. To the extent a response is deemed necessary, said allegations are denied. 25.-28. To the extent the allegations of Paragraphs 25 through 28 of Plaintiffs Complaint contain legal conclusions, no response is required. To the extent a response is deemed necessary, said allegations are denied. WHEREFORE, this Defendant requests that judgment be entered in her favor and against the Plaintiff and that Defendant be awarded attorney's fees and costs. 3 S:\KIRSCHJ\Wemer\answe,r and oow matter.wpd November 14, 2003 (1:02pm) G.D. No. 03-2464 Civil Term COUNT II - Wrongful Death Action Medical Negligence and Vicarious Liability Yvonne Werner, Executrix of the Estate of Jerry D. Werner, Deceased v. All Named Defendants, Individually and as Agents, Servants and Employees of Defendant Holy Spirit Hospital aJk/a Holy Spirit Hospital of the Sisters of Christian Charitv and Ho1v Soirit Health Svstem 29. This Defendant incorporates her answers to Paragraphs 1 through 28 of Plaintiffs Complaint as though set forth herein at length. 30. To the extent the allegations of Paragraph 30 of Plaintiffs Complaint contain legal conclusions, no response is required. 31. After reasonable investigation, this Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 31. 32. After reasonable investigation, this Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 32. 33.-36. To the extent the allegations of Paragraphs 33 through 36 of Plaintiffs Complaint contain legal conclusions, no response is required. To the extent a response is deemed necessary, it is specifically denied that Defendant is entitled to any damages and/or payments with regard to any alleged injuries suffered by the df:cedent and/or decedent's survivors. WHEREFORE, this Defendant requests that judgment be entered in her favor and against the Plaintiff and that Defendant be awarded attorney's fees and costs. New Matter 37. To the extent that the evidence reveals that Plaintiff failed to follow medical advice, failed to treat properly, or otherwise failed to mitigate his damages, this Defendant pleads the defense of the failure to mitigate. 4 S:\KIRSCHJ\Wemer\answer and new maller.wpd Nuvember 14,2003 (] :02pm) G.D. No. 03-2464 Civil Term 38. To the extent that the evidence reveals that Plaintiff failed to file this action in a timely manner, this Defendant pleads the defense of the statute of limitations. 39. To the extent that the evidence reveals that the Plaintiff had a preexisting condition that caused or contributed to his injuries, this Defendant pleads the existence of that preexisting condition as a defense. 40. If at the time of trial it is established that this Defendant accepted less than full payment for certain of Plaintiff's medical expenses or otherwise forgave certain of those expenses, than this Defendant pleads any such set-offs as an affirmative defense. 41. Plaintiff's claims are barred or limited under the Health Care Services Malpractice Act. 42. To the extent that the evidence reveals that Plaintiff lacked the capacity to sue at the time this action was commenced, or at any time relevant hereto, this Defendant pleads the lack of capacity to sue as an affirmative defense. 43. To the extent that it is determined that Plaintiff is or was engaged in other litigation or proceedings pertaining to the injuries alleged in this Complaint, this Defendant pleads the defenses of accord and satisfaction, arbitration and award, estoppel, and release. WHEREFORE, this Defendant requests that judgment be entered in his favor and against Plaintiff and that Defendant be awarded attorney's fees and costs. JURY TRIAL DEMANDED. DICKIE, McCAMEY & CHILCOTE, P.C. By:~~~J.-J(A Jos :. Christof, II, Esquire Jenn M. Kirschler, Esquire Attorneys for Defendant, Susan McClellan, CRNA 5 . . . .... .. . . . . ..... ..... . . 1 VERIFICA TlON I, Susan McClellan, CRNA, have read the foregoing ANSWER AND NEW MA TTER TO PLAINTIFF'S' COMPLAINT. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. S 4094 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. DATED: IIII~ I 0 '3 L .\i'LYl 1'!k' f Yo Of fYff1 fl~t(J 19- Susan McClellan, CRNA (Werner) S:\KlRSCHJ\Wemer\llnswer and new maller.wpd November 17, 2003 00:52am) . ' GoO. No. 03-2464 Civil Term CERTIFICATE OF SERVICE I, Jennifer M. Kirschler, Esquire, hereby certify that true and correct copies of the foregoing ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT FILED ON BEHALF OF SUSAN McCLELLAN, CRNA have been served this JJ!dayof !A.) CJJ e;n.Ju1V , 2003, by U.S. first-class mail, postage prepaid, to counsel of record listed below: Charles E. Schmidt, Jr., Esq. Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Craig A. Stone, Esq. Mette, Evans & Woodside 3401 N. Front St. Harrisburg, Pa 17110 DIC.KIE:"McCAMl1Y & CHILCOTE, P.C. // iiiJ / I ,y '" .4 . . 1 ..-' By, U Jenr\!,fer M. Kilschler, Esquire ~ Attorneys for Defendant Susan McClellan, CRNA () CJ ,.,j C. (",.' "Tl .,.., (BC ,. Z.... ...1 Ze. C/U \D 2c -,'.', ~ L :;; T'.) :",.'~ r'; '.:.J ~C (D :.....: YVONNE WERNER, INDMDUALLY: AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, plaintiff v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN cHARITY: HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, P. HENDERSON,RN, and C.SCOTT,RN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CivU Action - Law No. 03-2464 CivU Term Jury Trial Demanded Defendants CERTIFICATE OF SERVICE AND NOW, this 19th day of November, 2003, I, Shawn T, Peterson, hereby certify that I have served a true and correct copy of the foregoing Plaintiffs Answers to Interrogatories of Defendant Holy Spirit Hospital by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Craig A, Stone, Esquire Mette, Evans & Woodside 3401 N, Front Street Harrisburg, PA 17110-0950 Joseph 8,D, Christof, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste, 400 Pittsburgh, PA 15222-5402 SCHMIDT, RONCA & KRAMER P.C. By: ,-/ ) Sawn T, Peterson 209 State Street Harrisburg, PA 17101 (717) 232-6300 (') ~ LiLT" ITifi. ~':;T Zl.. Cf),/ ~;~ ==t. ~.(. -~c ;r",~ ~ ',.) c., 1',) :.Jl (,0 --I ~b -< yVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v, Civil Action. - Law HOLY SPIRIT HOSPITAL aJkJa HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, P.HENDERSON,RN,and C. SCOTT, RN No. 03-2464 Civil Term Defendants Jury Trial Demanded AND NOW, comes the Plaintiff, by her attorneys, Schmidt, Ronca & PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT. SUSAN McCLELLAN. CRNA Kramer, P.C" who files the following Reply to New Matter: 37. Denied, It is specifically denied that the failure to mitigate damages applies as a defense to this action for reasons more particularly set forth in plaintiffs Complaint. 38, Denied. It is specifically believed and averred that all claims were filed within the two-year statute of limitations, 39, Denied, The only pre-existing condition that would apply to Plaintiffs decedent was the one that he was having the surgery for, therefore, said defense does not apply. 40, Paragraph 40 contains a conclusion of law to which no response is required. 41. Denied, It is denied that the Plaintiff is barred or limited in any way by the Health Care Services Malpractice Act. 42, Paragraph 42 contains a conclusion of law to which no response is required, 43. Denied, It is specifically denied that any of the alleged defenses apply to this action. Date: !IoVI Jj) , ~~3 , submitted, VERIFICATION I, Charles E, Schmidt, Jr., Esquire, verify that I am attorney of record for the Plaintiff. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C,S,A, 94904 relating to unsworn falsifications to authorities, MER, P.C. Date: ~. JP, ,;z..ro3 / By: Charles E. Schmidt, Jr., Esquire Attorney LD, #19198 209 State Street Harrisburg, PA 17101 717 -232-6300 Attorneys for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 20th day of November, 2003, I, Charles E, Schmidt, Jr., Esquire, counsel for the Plaintiff, hereby certify that I have, this day, served a copy of the foregoing Reply to New Matter by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Joseph S,D. Christof, Esquire Jennifer M. Kirschler, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste. 400 Pittsburgh, PA 15222-5402 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 N. Front Street Harrisburg, PA 17110-0950 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N, Front Street P,O. Box 999 Harrisburg, PA 17108 Lauralee B. Baker, Esquire Margolis Edelstein P,O, Box 932 Harrisburg, PA 17108-0932 RespectfUlly)>ubmitted, MER, P.C. By: Charles E. Sch idt, Jr. I.D,# 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff 0 0 c: c. , :~~" -~ '.,,' ~.; .:> fI'; '..- _.~ .r.._ r0 ["I '/ <- 0:) -, ~~ , w'O L' 5'; c>.) '----; :,> -""T .'0 -( C;:) '< YVONNE WERNER, INDMDUALLY: AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERL.uID COUNTY, PENNSYLVANIA Civil Action - Law v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY: HOLY SPIRIT HEALTH SYSTEM, SUSAN McCLELLAN, CRN, P. HENDERSON, RN,and C.SCOTT,RN No. 03-24614 Civil Term Jury Trial Dlemanded Defendants CERTIFICATE OF SERVICE AND NOW, this 12th day of May, 2004, I, Shawn T. Peterson, hereby certify that I have served a true and correct copy of the foregoing Plaintiffs Second Set of Request for Production of Documents Directed to Defendant Holy Spirit Hospital by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Craig A. Stone, Esquire Mette, Evans & Woodside 3401 N, Front Street Harrisburg, PA 17110-0950 Joseph S,D. Christof, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste, 400 Pittsburgh, PA 15222-5402 SCHMIDT, RONCA ~I; KRAMER P.C. i'--~ ~/ By: Shawn T. Peterson 209 State Street Harrisburg, PA 17101 (717) 232-6300 (') ..... 0 = c: = -n -"'" -"... ::Ji: '-1 "1J L::'_~ ::;,.. ::J: _q ~rj! -< nlp: ---" -fJ!:!1 ('1 W :uy -:- . ~2o -_,A.. c=-c: ..,..J-'i ~f? " ('-,:::; ~- ,:;'":-;:("') .... am ~ --l ~ dt 0 _ J -< YVONNE WERNER, INDIVIDUALL Y AND AS EXECUTRIX OF THE : ESTATE OF JERRYD. WERNER, Plaintiff v. ALLEN S. WENGER, M.D. and MID PENN UROLOGY, INC., Defendants YVONNE WERNER, INDIVIDUALL Y AND AS EXECUTRIX OF THE: ESTATE OF JERRY D. WERNER, Plaintiff v. ANN S. GREINER, M.D., : And WEST SHORE ANESTHESIA ASSOCIATES, LTD., Defendants YVONNE WERNER, INDIVIDUALL Y AND AS EXECUTRIX OF THE : ESTATE OF JERRYD. WERNER, Plaintiff v. l)7r 0( cf~ c/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 04-557 CIVIL TERM * * * * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2612 CIVIL TERM * * * * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOL Y SPIRIT HEALTH SYSTEM, and SUSAN McCLELLAN, CRN, Defendants ~3-2464 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of November, 2004, upon consideration of Plaintiffs Petition for Reinstatement of Philip Henderson as Party to Action, a Rule is hereby issued upon all parties and Philip Henderson, RN, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. vCharles E. Schmidt, Jr., Esq. 209 State Street Harrisburg, PAl 71 01 Attorney for Plaintiff ~uralee B. Baker, Esq. P.O. Box 932 ? Harrisburg, PA 17108-0932 ~nnifer M. Kirschler, Esq. Two PPG Place Suite 400 Pittsburgh, P A 15222-5402 1\ BY THE COURT, . ~~~C(l ;;r~ ~ 11-10'01 .,e{aig A. Stone, Esq. 3401 N. Front Street Harrisburg, P A 17110-0950 ~an Black, Esq. 305 N. Front Street P.o. Box 999 Harrisburg, P A 17108 :rc YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff v. ALLEN S. WENGER, M.D. and MID PENN UROLOGY, INC., Defendants , NOV 0 5 2004 r : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 04-557 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff v. ANN S. GREINER, M.D. and WEST SHORE ANESTHESIA ASSOCIATES, LTD. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 03-2612 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff v. HOLY SPIRIT HOSPITAL a/kl a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, eRN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO. 03-2464 ~ JURY TRIAL DEMANDED ORDER AND NOW, after review of the Petition for Reinstaatement of Philip Henderson as a Party to this Action, it is HEREBY ORDERED, that former Defendant, Philip Henderson be reinstated as a party to this action. RULE RETURNABLE FROM SERVICE. J. YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff V. ALLEN S. WENGER, M.D. and MID PENN UROLOGY, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 04-557 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff VI. ANN S. GREINER, M.D. and WEST SHORE ANESTHESIA ASSOCIATES, LTD. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 03-2612 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff V. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, CRN, Defendants : IN THE COURT. OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO. 03-2464 JURY TRIAL DEMANDED RULE AND NOW, this day of , 2004, based upon the foregoing Petition, a Rule is hereby issued to the former Defendant, Philip Henderson, to show cause, if any, why he should not be reinstated as a party to this action. RULE RETURNABLE FROM SERVICE. J. YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff v. ALLEN S. WENGER, M.D. and MID PENN UROLOGY, INC., Defendan ts : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 04-557 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff v. ANN S. GREINER, M.D. and WEST SHORE ANESTHESIA ASSOCIATES, LTD. Defendan ts : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 03-2612 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff v. HOLY SPIRIT HOSPITAL aJkJa HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, CRN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO. 03-2464 JURY TRIAL DEMANDED PETITION FOR REINSTATMENT OF PHILIP HENDERSON AS PARTY TO ACTION AND NOW, comes the Petitioner, Yvonne Werner, Individually and as Executrix of the Estate of Jerry D. Werner, by her attorneys, Schmidt, Ronca & Kramer, P.C., who sets forth as follows: 1. The Petitioner is the Plaintiff in the above-captioned action. 2. On or about the 19th day of September, 2003, at the request of counsel, Craig A. Stone, Philip Henderson, RN, was let out of the case with the understanding that he would appear for a deposition. 3. Since that time, numerous attempts have been made to obtain Mr. Henderson's cooperation in scheduling a deposition. The deposition was scheduled for 2/12/04 and 5/3/04; however, both were subsequently canceled since Mr. Henderson was not available or could not be reached. A letter was sent on 8/5/04 again requesting dates from Attorney Stone. It was even agreed that the deposition could take place by telephone for Mr. Henderson's convenience. A follow up call was made to Kay Tipton, Attorney Stone's paralegal, on 9/2/04, at which time we were advised that they still had been unable to reach Mr. Henderson, but that other avenues were being pursued to contact him. 4. All attempts at scheduling the deposition of Mr. Henderson have been unsuccessful. 2 5. Mr. Henderson was a nurse who participated in the surgery involved in this case and has information important to the advancement of Plaintiffs claim. 6. Issues have been raised as to whether Mr. Henderson will cooperate since being let out of the case. 7. In fairness, the Petitioner requests that Mr. Henderson be reinstated as a party in this case because of his lack of cooperation in the discovery process. WHEREFORE, the Petitioner request that this Honorable Court issue a Rule directed to the former Defendant, through his counsel, Craig A. Stone, to show cause, if any, why Mr. Henderson should not be reinstated as a party in this action. Respectfu~ .lbmitted, SCHMIJjr, R~NC . r' P.C. jQ. ~-I~(' By: -- : Charles E. Schmidt, r., Esquire Attorney LD. #19198 209 State Street Harrisburg, PA 17101 717-232-6300 Attorneys for Petitioner Date: 10/27/04 3 CERTIFICATE OF CONCURRENCE/NON-CONCURRENCE FOR PLAINTIFF'S PETITION FOR REINSTATEMENT OF PHILIP HENDERSON AS PARTY TO ACTION I, Charles E. Schmidt, Jr., Esquire, of Schmidt, Ronca & Kramer, P.C., have contacted counsel for the Defendants, Lauralee B. Baker, Esquire, Jennifer M. Kirschler, Esquire, Craig A. Stone, Esquire, and Evan Black, Esquire, by letter via facsimile dated October 20, 2004, in the above-referenced actions with respect to their concurrence on Plaintiffs Motion, and, to date, have not received concurrence; however, Attorney Stone left a voice mail message indicating that he was trying to locate Philip Henderson. Respectf~ submitted, SCHMlrT,/"~ONCA & ~ER, P.C. , n (f!;;- By: ~ ./ Charles E. Schmidt, Jr., Esquire Attorney LD. #19198 209 State Street Harrisburg, PA 17101 717-232-6300 Attorneys for Plaintiff Date: October 27, 2004 4 VERIFICATION I, Charles E. Schmidt, Jr., attorney for Plaintiffs, verify that I am attorney of record for the Plaintiff, and that the foregoing document contains no facts within the knowledge of the Plaintiff, but rather, is based upon the record or facts solely within the knowledge of the attorney; and, for that reason, I make this Verification on Plaintiffs behalf. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. 84904 relating to unsworn falsifications to authorities. By: NCA & 7ER. P.C. ..tA~~ . Charles E. Schmidt, Jr. 209 State Street Harrisburg, PA 17101 Attorney I.D. #19198 (717) 232-6300 Attorney for Plaintiff DATE: 10/27/04 CERTIFICATE OF SERVICE AND NOW, this 28th day of October, 2004, I, Charles E. Schmidt, Jr., Esquire, counsel for the Plaintiff, hereby certify that I have, this day, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Lauralee B. Baker, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Jennifer M. Kirschler, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste. 400 Pittsburgh, PA 15222-5402 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 N. Front Street Harrisburg, PA 17110-0950 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17 SCHMI ER, P.C. By: Charles E. Schmidt, Jr. I.D.# 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff i ~.~ :" "1 ~.! ::,' ;f7:t. o C.~ ,';"" ;;.J' -=l -< I"'V = c;:) ~- ~ -::1 ::1_ mpJJ :om ..fJ6 o .:::::1, .J. .'r; l,)'.". {5~ :-1 ?l5 -< .':r- eS -<: I .. > ::.i.: m .. N I SCHMIDT, RONCA & KRAMER, P,C, BY: CHARLES E. SCHMIDT, JR., ESQUIRE J.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY 0, WERNER, Plaintiff V. ALLEN S. WENGER, M.D. and MID PENN UROLOGY, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 04-557 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff VI. ANN S. GREINER, M.D. and WEST SHORE ANESTHESIA ASSOCIATES, LTD. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 03-2612 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff V. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, CRN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO. 03-2464 / JURY TRIAL DEMANDED PETITION FOR SCHEDULING CONFERENCE AND NOW, the Plaintiff, YVONNE WERNER by and through her counsel, SCHMIDT RONCA & KRAMER, P.C., request that a Scheduling Conference be scheduled to set the scheduling deadlines and a designated trial term to which the case can be listed. Respectfully Submitted, ~ , SCHMIDT, RONCA & KRAMER, P.C. , If;-) i (( ~ k) I.' .(~U I J<.__/ -, / /1 Date: ! I\~J (;}.,,/ ,?Lro~ By Charles E. Schmidt, Jr., Esquire Attorney J.D. #19198 209 State Street Harrisburg, PA 17101 717-232-6300 Attorneys for Plaintiff , CERTIFICATE OF SERVICE AND NOW, this 17th day of May, 2005, I, Charles E. Schmidt, Jr., hereby certify that I have, this day, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Lauralee B. Baker, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Jennifer M, Kirschler, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste, 400 Pittsburgh, PA 15222-5402 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 N. Front Street Harrisburg, PA 17110-0950 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O, Box 999 Harrisburg, PA 17108 MER, P.C. By: Charles E. Schmidt, Jr., Esquire Attorney J.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff Date: 1"~,,) ,~-~; (~ '_'/1 ~I-J ;+: :--:--; (OJ fll '.::0 r", r" ~- YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff v. ALLEN S. WENGER, M,D. and MID PENN UROLOGY, INC., Defendants RECEIVt:D MAY 202005 :f : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 04-557 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D, WERNER, Plain tiff v. ANN S. GREINER, M.D. and WEST SHORE ANESTHESIA ASSOCIATES, LTD. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 03-2612 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, CRN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO. 03-2464 V' JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this ]...j rl- day of fl;1 ~ d; , 2005, IT IS HEREBY ORDERED AND DEEf;::ED that a Status nference has been scheduled in Chambers on 1 021 ,20~, t no ,P. M. J. ff~~~ t ~i SSSJ. ~jJ~ .~ v I Z :(' ! 1.1 1- '.';~r CDo7 v ".., ,.. 1 ~ U\,.! :lD . . YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff v. ALLEN S. WENGER, M.D. and MID PENN UROLOGY, INC" Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 04-557 JURY TRIAL DEMANDED **************************************************************************************** YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff v. ANN S. GREINER, M.D. and WEST SHORE ANESTHESIA ASSOCIATES, LTD. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 03-2612 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff v. HOLY SPIRIT HOSPITAL ajk/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, CRN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO. 03-2464 /' JURY TRIAL DEMANDED o [Xl o CERTIFICATE OF MERIT AS TO HOLY SPIRIT HOSPITAL I, Charles E. Schmidt, Jr., Esquire, certify that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercises or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside the acceptable professional standards and that such conduct was a cause in bringing about the harm; OR the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR expert testimony of an appropriate licenses professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, T, R~(i(1: K, , ~}i~ ER,P.C. By: Char es E, Schmidt, Jr. Attorney I.D. #19198 209 State Street Harrisburg, PA 1710 1 (717) 232-6300 Attorneys for Plaintiff Esquire """- Date: '.ja,,, .}. 'f JOOf:, I , . '. CERTIFICATE OF SERVICE AND NOW, I, Charles E. Schmidt, Jr., Esquire, counsel for the Plaintiff, hereby certifY that I have, this day, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Craig A. Stone, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Ste. B Harrisburg, PA 17110 Jennifer M. Kirschler, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste. 400 Pittsburgh, PA 15222-5402 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PAl 71 08 Lauralee B, Baker, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Respectfully submitted, ONCA & KRAMER, P.C. By: J~Li Charles E. Schmidt, r. 1.0.# 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff Date: 1/24/0' "d - ... YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff v. ALLEN S. WENGER, M.D, and MID PENN UROLOGY, INC" Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 04-557 JURY TRIAL DEMANDED **************************************************************************************** YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D, WERNER, Plaintiff v. ANN S. GREINER, M,D. and WEST SHORE ANESTHESIA ASSOCIATES, LTD. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO, 03-2612 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D, WERNER, Plaintiff v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, CRN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO. 03-2464 /' JURY TRIAL DEMANDED , .... [Xl D D CERTIFICATE OF MERIT AS TO SUSAN McCLELLAN. CRN I, Charles E, Schmidt, Jr., Esquire, certifY that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercises or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside the acceptable professional standards and that such conduct was a cause in bringing about the harm; OR the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR expert testimony of an appropriate licenses professional is unnecessary for prosecution of the claim against this defendant, Respectfully submitted, SCHMI By: Charles E, Schmidt, Jr., Attorney LD. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff ----- Date: VCl. V\. ..2.'1, ;200 (p ( "" CERTIFICATE OF SERVICE AND NOW, I, Charles E. Schmidt, Jr., Esquire, counsel for the Plaintiff, hereby certify that I have, this day, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Craig A. Stone, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Ste. B Harrisburg, PA 17110 Jennifer M. Kirschler, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste. 400 Pittsburgh, PA 15222-5402 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P,O. Box 999 Harrisburg, PA 17108 Lauralee B. Baker, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Respectfully submitted, ONCA & KRAMER, P.C. f. ift;:~. Charles E. SChmidt~ 1.D.# 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff By: Date: 1j24jOQ:;> ,1 ,'\, (; \ ~ ~~, --------- I . PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate] TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court: ---------------~--~-----------_.--------------------------------------------..---------------------------------------- CAPTION OF CASE YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff, v. ALLEN S. WENGER, M.D. and MID PENN UROLOGY, INC., Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DOCKET NO, 04-557 : JURY TRIAL DEMANDED ~~, ~:':~ () -n ,-,'", --------------------------------------------------~-------------------------------------------------~~:~-----~----:~ YVONNE WERNER, INDIVIDUALLY : IN THE COURT OF COMMON PLEAS 0:] ,-Ii?:: AND AS EXECUTRIX OF THE : CUMBERLAND COUNTY, PENNSYLY;'A?NIN'f:~ ESTATE OF JERRY D. WERNER, : CIVIL ACTION - LAW ; G),), fu~OC ~ v. ANN S. GREINER, M.D., and WEST SHORE ANESTHESIA ASSOCIATES, LTD., Defendants. YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff, v. HOLY SPIRIT HOSPITAL, a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, SUSAN MCCLELLAN, CRN, P. HENDERSON, RN, AND C. SCOTT, RN Defendants. : DOCKET NO. 03-2612 r'\J c; : JURY TRIAL DEMANDED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DOCKET NO. 03-2464 ~ : JURY TRIAL DEMANDED I 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Motion for Summary Judgment of Defendants, Ann S. Greiner, M.D., and West Shore Anesthesia Associates, Ltd. 2. Identify counsel who will argue the case: (a) Plaintiff(s): Charles E. Schmidt, Jr., Esquire, Schmidt, Ronca & Kramer, P.e., 209 State Street, Harrisburg, PA 17101 717-232-6300 (b) Defendant(s): Lauralee B. Baker, Esquire, Shaun J. Mumford, Esquire, Margolis Edelstein, 3510 Trindle Road, Camp Hill, PA 17011, 717-975-8114; Evan Black, Esquire, Thomas, Thomas & Hafer, 305 North Front Street, P. O. Box 999, Harrisburg, PA 17108-0999,717-237-7100; Craig A. Stone, Esquire, Marshall, Dennehey, Warner, Coleman & Goggin, 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112,717-651-3500; Joseph S.D. Christof, II, Esquire, Dickey, McCamey & Chilcoate, 2 PPG Place - Suite 400, Pittsburgh, PA 15222-5402,412-281-7272 3. I will notify all parties that this case has been listed for argument. 4. Argument Court Date: March 29, 2006 February 20, 2006 Date Shaun T. Mumford, Esquire Attorney for ( ) Plaintiff (X) Defendant (717) 975-8114 Phone Number - 2 - CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing PRAECIPE FOR LISTING CASE FOR ARGUMENT, on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage . /:P prepaid, on the ~"<: a day 8'[-,-.:7/. ~~A~2006, and addressed as follows: I Charles E. Schmidt, Jr., Esquire Schmidt Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 Joseph S.D. Christof, II, Esquire Dickey, McCamey & Chilcoate 2 PPG Place - Suite 400 Pittsburgh, PA 15222-5402 MARGOLIS EDELSTEIN. 1 , . -'--', '--9.' /1 B~~;~~L- c:;.; . ~,,!L.- JoAnn E. Nelson, Secretary SCHMIDT, RONCA & KRAMER, P.C. BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiffs YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff v. ALLEN S. WENGER, M.D. and MID PENN UROLOGY, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 04-557 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff v. ANN S. GREINER, M.D. and WEST SHORE ANESTHESIA ASSOCIATES, LTD. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 03-2612 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D, WERNER, Plaintiff v. HOLY SPIRIT HOSPITAL ajkja HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, CRN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO. 03-2464 / JURY TRIAL DEMANDED MOTION IN LIMINE AND NOW, comes the Plaintiff, by her attorneys, Schmidt, Ronca & Kramer, P.C., and who sets forth as follows: 1. On or about January 27, 2006, Defendant Wenger offered the expert report of Emanuel Rubin, M.D. of Gladwyne, Pennsylvania, a copy of which is attached hereto as Exhibit A. 2. Subsequently Defendant Wenger presented the undersigned with a copy of the Curriculum Vitae for Emanuel Rubin, M.D. 3. The Curriculum Vitae of Emanuel Rubin, M.D. states that he is a diplomat of the American Board of Pathology. 4. This case involved an allegation of malpractice on the part of a . urologist, Allen Wenger, M.D., and the appropriate standard of care for a urologist 5. In Dr. Rubin's report, he expresses the following opinion: "Although unfortunate, this occurrence could not have been predicted, and did not result from improper attention to the patient." 6. The aforesaid passage is an attempt by Dr. Rubin to express an opinion on the standard of care of a urologist and, as such, should be prohibited by Section 512 of the MCare Act, 40 P.S. 1303.512. 2 WHEREFORE, Plaintiff requests this Honorable Court enter an Order barring Emanuel Rubin, M.D., from expressing any standard of care for Defendant Wenger. Respectfully submitted, RONCA & KRAMER, P.C, 21t By: Charles E. Schmidt, Jr., Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff Date: ;/J."';- a\ ,;(o{){o 3 CERTIFICATE OF SERVICE AND NOW, I, Charles E. Schmidt, Jr., hereby certify that I have, this day, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Craig A. Stone, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17110 Lauralee B. Baker, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Jennifer M. Kirschler, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste. 400 Pittsburgh, PA 15222-5402 submitted, ONCA & KRAMER, P.C. By: Charles E. Schmidt, Jr., Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff i/(L Date: (Ii",/, ~:'J J.Dd ~ 4 !",,) j',' _J :'-'-" \:,;J r",,) C~) YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff, v, ALLEN S. WENGER, M,D. and MID PENN UROLOGY, lNG., Defendants. YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff, v, ANN S. GREINER, M.D., and WEST SHORE ANESTHESIA ASSOCIATES, LTD., Defendants, R:r:!::C~S~~~v~Eb i \:J/,R:1 ',/ZfJ06 i I ~f{:-==-=t- : IN THE COURT OF COMMON PLEAS ~~\ : CUMBERLAND COUNTY, PENNSYL VANIA 0:J : CIVIL ACTION - LAW : DOCKET NO. 04-557 : JURY TRIAL DEMANDED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DOCKET NO. 03-2612- --~----------------------------------------------------------------------------------------.-------------------------- : JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff, v. HOLY SPIRIT HOSPITAL, a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, SUSAN MCCLELLAN, CRN, P.HENDERSON,RN,AND C. SCOTT, RN Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ; DOCKET NO, 03-2464) : JURY TRIAL DEMANDED ORDER AND NOW, this dlday of ---if1A6> r ( , 2006, in accordance with the Stipulation for Dismissal executed by all parties to this action, it is HEREBY ''')!'' '.: I,) ';1 I, .'" ~ IJ I .(, ,':c L." \1\'IJ -""7 v::'!~' !,. )c':}u pJ:-. -lv' ORDERED AND DECREED that Defendants, Ann S. Greiner, M.D., and West Shore Anesthesia Associates, Ltd., are dismissed from this action with prejudice. IT IS FURTHER ORDERED that the names of Ann S. Greiner, M,D., and West Shore Anesthesia Associates, Ltd., shall be deleted from the caption, and that this action shall continue against the remaining Defendants. BY THE COURT: - 2 - YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff, v. ALLEN S. WENGER, M.D. and MID PENN UROLOGY, lNG., Defendants. YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D, WERNER, Plaintiff, v. ANN S, GREINER, M.D., and WEST SHORE ANESTHESIA ASSOCIATES, LTD., Defendants. YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff, v. HOLY SPIRIT HOSPITAL, a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARlTY HOLY SPIRIT HEALTH SYSTEM, SUSAN MCCLELLAN, CRN, P.HENDERSON,RN,AND C. SCOTT, RN Defendants, RECEIVED '."AR ') '7/o0r,'c I!l;c,t '"I ! I, 0!0 !UY;cc=-c=t-:_-"=_ : IN THE COURT OF COMMON PLEAS (,/;.) : CUMBERLAND COUNTY, PENNSYLVANIA ~~ : CIVIL ACTION - LAW : DOCKET NO. 04-557 : JURY TRIAL DEMANDED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DOCKET NO. 03-2612- : JURY TRIAL DEMANDED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DOCKET NO. 03-2464 : JURY TRIAL DEMANDED ORDER AND NOW, this -milday of ---jJlA#' r r ,2006, in accordance with the Stipulation for Dismissal executed by all parties to this action, it is HEREBY ORDERED AND DECREED that Defendants, Ann S. Greiner, M.D., and West Shore Anesthesia Associates, Ltd., are dismissed from this action with prejudice. IT IS FURTHER ORDERED that the names of Ann S. Greiner, M,D., and West Shore Anesthesia Associates, Ltd., shall be deleted from the caption, and that this action shall continue against the remaining Defendants. BY THE COURT: - 2- YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff, v, ALLEN S. WENGER, M.D, and MID PENN UROLOGY, INC., Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : DOCKET NO. 04-557 ------p----~---------------------------------------------------------------------------------------------------------- : JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY LJ, WERNER, Plaintiff, v. ANN S. GREINER, M.D., and WEST SHORE ANESTHESIA ASSOCIATES, LTD" Defendants. : IN THE COURT OF COMMON PLEAS : CTJMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LA W : DOCKET NO, 03-2612 / ---------------------------------------------------------------------------------------------------------------._----. : JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D, WERNER, Plaintiff, v. HOLY SPIRIT HOSPITAL, alk/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRTSTlJ\N CHAWTY HOLY SPIRIT HEALTH SYSTEM, SUSAN MCCLELLAN, CRN, P.HENDERSON,RN,AND C. SCOTT, RN Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DOCKET NO, 03-2464 : JURY TRIAL DEMANDED STIPULATION FOR DISMISSAL 1. It is hereby stipulated and agreed by and between the undersigned counsel that Defendants, Ann S. Greiner, M.D., and West Shore Anesthesia Associates, Ltd., are hereby dismissed with prejudice from the above-captioned case pursuant to Pa.R.C,P. 229. 2. All claims initiated by the Plaintiff against Defendants, Ann S. Greiner, M.D., and West Shore Anesthesia Associates, Ltd., are hereby withdrawn and dismissed with prejudice. 3. In light of the foregoing Stipulation, any and all reference to Ann S, Greiner, M.D., and West Shore Anesthesia Associates, Ltd" shall be stricken, and the caption of the case amended to read as follows: YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff, v, ALLEN S. WENGER, M,D. and MID PENN UROLOGY, INC., Defendants. YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff, v. HOLY SPIRIT HOSPITAL, a/kJa HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, SUSAN MCCLELLAN, CRN, P. HENDERSON, RN, AND C. SCOTT, RN Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DOCKET NO. 04-557 : JURY TRIAL DEMANDED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DOCKET NO. 03-2464 : JURY TRIAL DEMANDED - 2- MER, P.C, 7 By: Charles E. Schmidt, Jr., Esquire Attorney for Plaintiff 209 State Street Harrisburg, PA 17101 Date: (jl~r!:-+- CXOO S- By: Lauralee B. B Attorney for efendant, Ann S. Grein r, M.D. 3510 Trindle Road Camp Hill, PA 17011 Date:__ .3 /~7) 6 Defendants, Allen S. Wenger, M.D., Mid Penn Urology, lnc" Holy Spirit Hospital alka Holy Spirit Hospital of the Sisters of Christian Charity Holy Spirit Health System, Susan McClellan, CRN, P. Henderson, RN, and C. Scott, RN, agree and concur with the foregoing Stipulation. THOMAS, THOMAS & HAFER By: Evan Blar-k, Esquire Attorney for Defendants, Allen S. Wenger, M.D" and Mid Penn Urology, Inc. 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 Date: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Craig A. Stone, Esquire Attorney for Defendants, Holy Spirit Hospital a/k(a Holy Spirit Hospital of the Sisters of Christian Charity Holy Spirit Health System, P. Henderson, RN, and C. Scott, RN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Date: - 3 - SCHMIDT, RONCA & KRAMER, P.C. MARGOLIS EDELSTEIN By: Lauralee B. Baker, Esquire Attorney for Defendant, Ann S. Greiner, M,D. 3510 Trindle Road Camp Hill, PA 17011 By: Charles E. Schmidt, Jr., Esquire Attorney for Plaintiff 209 State Street Harrisburg, PA 17101 Date: D9te: Defendants, Allen S. Wenger, M.D., Mid Penn Urology, Inc" Holy Spirit Hospital a/ka Holy Spirit Hospital of the Sisters of Christian Charity Holy Spirit Health System, Susan McClellan, CRN, P. Henderson, RN, and C. Scott, RN, agree and concur with the foregoing Stipulation, THOMAS, THOMAS & HAFER MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Byk:cQJ Evan Black, Esquire Attorney for Defendants, Allen S. Wenger, M.D., and Mid Penn Urology, Inc. 305 North Front Street P. O. Box 999 Harrisburg. PA 17108-0999 By: Craig A. Stone, Esquire Attorney for Defendants, Holy Spirit Hospital a/k/a Holy Spirit Hospital of the Sisters of Christian Charity Holy Spirit Health System, p, Henderson, RN, and C. Scott, RN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Date: 'J. I ^ ' 0.5 Date: - 3 - IER, p,c. By: Charles E. Schmidt, Jr., Esquire Attorney for Plaintiff 209 State Street Harrisburg, PA 17101 lvIARGOLIS EDELSTEIN By: Lauralee B, Baker, Esquire Attorney for Defendant, Ann S. Greiner, M,D. 3510 Trindle Road Camp Hill, PA 17011 Date: fJ14.-i!?-1-cxoO ~ Date: Defendants, Allen S. Wenger, M.D., Mid Penn Urology, Inc., Holy Spirit Hospital a/ka Holy Spirit Hospital of the Sisters of Christian Charity Holy Spirit Health System, Susan McClellan, CRN, P. Henderson, RN, and C. Scott, RN, agree and concur with the foregoing Stipulation. THOMAS, THOMAS & HAFER By: Evan Blar:k, Esquire Attorney tor Defendants, Allen S. Wenger, M.D., and Mid Penn Urology, Inc. 305 North Front Street P. O. Box 999 Harrisburg, PA 1710B-0999 Date: MARSHALL, DENNEHEY, WARNER, COLE OGGIN By: C,aig, . St :e,.. q re Attorney [or De endants, Holy Spirit' ospital a/kJa Holy Spirit Hospital of j~ e Sisters of Christian Charity Hol:l;jSpirit Health System, P. Henderson, RN, and C. Scott, RN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Date: -3 \2.-\ COCo \ - 3 - DICKEY, McCAMEY & CHILCOA TE By: Jo e Je fe M, Kirschler, Esquire Attorneys for Defendant, Susan McClellan, CRN 2 PPG Place - Suite 400 Pittsburgh, PA 15222-5402 fu)~t Date: t f.p 'J005 I ,. "~T"; - 4 - CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing proposed ORDER with STIPULATION FOR DISMISSAL OF ANN S, GREINER. M.D., and WEST SHORE ANESTHESIA ASSOCIATES, LTD., on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class .->-....,.''':.''''''':(~ ") / " postage prepaid, on th~'/ '7-'Jday of,';'~,(::A.....4 .{;/{ , 2006, and addressed as follows: Charles E. Schmidt, Jr., Esquire Schmidt Ronca & Kramer, P.c. 209 State Street Harrisburg, PA 17101 Evan Black, Esquire Thomas, Thomas & Hafer 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P. 0, Box 5950 Harrisburg, PA 17110-0950 Joseph S.D. Christof, II, Esquire Dickey, McCamey & Chilcoate 2 PPG Place - Suite 400 Pittsburgh, PA 15222-5402 MARGOLIS EDELSTEIN ,-t/ ,.,r::::- By.,.....-. -""_cc ./.~ " ~/,,-,.-.,..~ '~::.~:~ ~~ JoAnn E. Nelson, Secretary , SCHMIDT, RONCA r. KRAMER, p.e. BY; CHARLES E, SCHMIDT. JR., ESQUIRE I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff v. ALLEN S. WENGER, M.D. and MID PENN UROLOGY, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 04-557 ************************************************************************************.**** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff v. ANN S. GREINER, M.D, and WEST SHORE ANESTHESIA ASSOCIATES, LTD. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 03-2612 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff v. HOLY SPIRIT HOSPITAL ajk/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, CRN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO. 03-2464 J JURY TRIAL DEMANDED .' PRAECIPE TO RETAIN ATTACHMENT FOR JUNE 12. 2006 CIVIL TRIAL TO: PROTHONOTARY Pursuant to Order of the Honorable Edgar G. Bayley, of July 27,2005, PLEASE note the attachment of the above-referenced case for trial to commence on Monday, June 12,2006. ONCA & KRAMER, P.C. By: Charles E. Schmidt, Jr., Esquire Attorney I.D. # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff Date: 3/27/06 CERTIFICATE OF SERVICE AND NOW, I, Charles E. Schmidt, Jr., hereby certify that I have, this day, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Lauralee B. Baker, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Craig A, Stone, Esquire Mette, Evans & Woodside 340 I N. Front Street Harrisburg, PA 17110-0950 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Jennifer M. Kirschler, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste. 400 Pittsburgh, PA 15222-5402 Respectfully submitted, SCHMID, ONC & KRAMER, P.C. By. Chm~, ~h!'~~~ltUi" Attorney LD. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff Date: 3/27/06 ....., , _'~-". , '~ \,.- . . YVONNE WERNER, INDIVlDUALL Y AND AS EXECUTRIX OF THE: ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW HOLY SPIRIT HOSPITAL aJk/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOL Y SPIRIT HEALTH SYSTEM, and SUSAN McCLELLAN, CRN, Defendants / NO. 03-2464 CIVIL TERM ORDER OF COURT AND NOW, this 3151 day of March, 2006, upon consideration of Plaintiffs Motion in Limine, a Rule is hereby issued upon Defendant Wenger to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, Charles E. Schmidt, Jr., Esq. 209 State Street Harrisburg, PA 17101 Attorney for Plaintiff L ." . ~> ~.ld . . Lauralee B. Baker, Esq. P.O. Box 932 Harrisburg, PA 17108-0932 Jennifer M. Kirschler, Esq. Two PPG Place Suite 400 Pittsburgh, PA 15222-5402 ,~1.1r---{J....J Craig A. Stone, Esq. 4200 Crums Mill Road, Suite B Harrisburg, PA 17110 Evan Black, Esq. 305 N. Front Street P.O. Box 999 Harrisburg, P A 17108 :rc Il-I-4..,:.i'<4 V ~ t ~--....{lk y,., , , YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE: ESTATE OF JERRY D. WERNER, Plaintiff v. ALLEN S. WENGER, M.D. and MID PENN UROLOGY, INC., Defendants YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE: ESTATE OF JERRYD. WERNER, Plaintiff v. ANN S. GREINER, M.D., : And WEST SHORE ANESTHESIA ASSOCIATES, LTD., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 04-557 CIVIL TERM * * * * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION ~ LAW NO. 03-2612 CIVIL TERM * * * * . YVONNE WERNER, INDIVIDUALL Y AND AS EXECUTRIX OF THE: ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOL Y SPIRIT HEALTH SYSTEM, and SUSAN McCLELLAN, CRN, Defendants / NO. 03-2464 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of April, 2006, upon consideration of the attached letter from Evan Black, Esq., Plaintiffs Motion in Limine is deemed moot and the Rule issued on March 31, 2006, is hereby discharged. paries E. Schmidt, Jr., Esq. 209 State Street Harrisburg, P A 17101 Attorney for Plaintiff ~ BY THE COURT, J. ---J. ^ ,\ \l\\ ," \~\C \,J \' ,yl 'TV' . \(\ \' > ' \)v \;\ \'~ ~ '\~S' \7- (-\ It ....\ \)'\ . ~alee B. Baker, Esq. P.O. Box 932 Harrisburg, P A 17108-0932 ~fer M. Kirschler, Esq. Two PPG Place Suite 400 Pittsburgh, PA 15222-5402 ~~ig A. Stone, Esq. 4200 Crums Mill Road, Suite B Harrisburg, PAl 711 0 ~an Black, Esq. 305 N. Front Street P.O. Box 999 Harrisburg, P A 17108 :rc . ATTORNEYS AT LAW ~ THOMAS, THOMAS & HAFER UP www.tthlaw.com Mailing Address: P,O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, PA 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 Evan Black (717) 441-7051 eblack@tthlaw.com April 17,2006 The Honorable 1. Wesley Oler, Jr. Court of Common Pleas of Cumberland County One Courthouse Square Carlisle, PA 17013-3387 Re: Werner v. Wenger CCP No.: 04-557 Dear Judge Oler: In response to the Court's Order of March 31 with Rule returnable within ten (10) days of service on Plaintiffs Motion in Limine, kindly be advised that this case has been resolved by the parties. Closing papers are in the process of preparation. Respectfully, Thomas?,,' homas and Hafer, LLP ~~(j (I Evan ill EB/jlw: Cc: Charles Schmidt, Esquire Jennifer M. Kirschler, Esquire Craig A. Stone, Esquire f'~ J. .\ c~ ,..,,,.C', /\..;dD Bethlehem Office . 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 . Phone: (610) 868-1675' Fax: (610) 868-1702 Pittsburgh Office . 301 Grant Street, Suite 1150, Pittsburgh, PA 15219 . Phone: (412) 697-7403 . Fax: (412) 697-7407 SCHMIDT, RONCA & KRAMER, P.C. BY: CHARLES E. SCHMIDT, JR., ESQUIRE I.D, #19198 209 State Street Hanisburg,PA 17101 (717) 232-6300 Attorneys for Plaintiff YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff v. ALLEN S. WENGER, M.D. and MID PENN UROLOGY, INC., Defendan ts : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 04-557 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff v. ANN S. GREINER, M.D. and WEST SHORE ANESTHESIA ASSOCIATES, LTD. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 03-2612 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff v. HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, CRN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO. 03-2464 JURY TRIAL DEMANDED PETITION FOR APPROVAL OF SETTLEMENT AND NOW comes the Petitioner, Yvonne Werner, as Executors of the Estate of Jerry Werner, deceased, pursuant to 20 Pa.C.S.A. ~ 3323 approval of a Compromise Settlement in the above matter and further sets forth as follows: 1. The Petitioner, Yvonne Werner, is an adult individual, the wife and beneficiary of the Estate of her husband Jerry Werner. 2. The Petitioner Yvonne Werner is the Executor of the Decedent's Estate by virtue of Letters Testamentary which were granted to her by the Register of Wills of York County, on November 2, 2001 at File No. 6701-01554. (See Exhibit "A"). 3. As a result of the death of Jerry Werner during surgery at Holy Spirit Hospital on June 5, 2001, a malpractice action was commenced against Allen S. Wenger, M.D., et al. 4. As a result of that action, and without admitting fault, Defendants have offered the sum of $510,000 in order to settle the above-captioned action. 5. The Pennsylvania Department of Revenue has approved an apportionment of 100% of the settlement to the wrongful death action and 0% to the survival action. (See Exhibit "B") 6. Petitioner requests that the following distribution of the wrongful death settlement proceeds be approved: 2 Wrongful Death Action (100%) $510,000.00 Schmidt, Ronca & Kramer, PC Attorneys' Fees (33 1/3%) $170,000.00 Schmidt, Ronca & Kramer, PC Attorneys' Costs .$ 31.109.52 $308,890.48 TOTAL DUE YVONNE WERNER 7. Petitioner respectfully requests the Court approve the allocation and distribution of this settlement. WHEREFORE, Petitioner requests the Court enter an Order in conformity with the foregoing Petition. Respectfully submitted, ER, P.C. Date: 5/ L( / O~ By: Charles E. Schmidt, Jr., Esquire Attorney I.D. # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff 3 Exhi bit A t - "'~~~~"}'.ik~~~-c:~,;~.;...~.s.;:::P':~i.:li.!.:~~~;l;~~q~:~;:n.."'ld),.."- ---'-"'---=00 ~ ,...--, ,llll&i ~ ...: ...:C~~ \~ :~" ~V.~ ~ \r ..- . . t,..' ,~ .~~ef!~~'N:-\'~'" - "~'i'-~ _ ,_...W'o. _r~ ,..... .t=. ____. ,~, -:: V'~ '~, . ~ ~ ",...... ~ '~"I' , \""" -"lit ..- - $ ~~I'~';i.~. ;._jq; .... Z;;. . ~..~, \ ~ . ~, ~ '"~- . ~ " - .'Y'~ . t: .... ;:~i.jj_.;; ~"' ~ 'i4!~,., ..... ~~..;. ~..... ....... . r- ...::'" ~. :7? :"\ ~ . ,'" : f:.~, ~, \.. c:"* .... -... <I:. ., WHEREAS, on dated October was admitted to .v.. Register of Wills of YORK County, Pennsylvania Certificate of Grant of Letters No. 6701-01554 ESTATE OF WERNER JERRY D (LAti'l' , ,/;" .LKti'l', M.LUlJLl!;) Late of NEWBERRY TOWNSHIP YUK,K CUU.L'II'l'Y, Deceased Social Security No. 208-26-7604 day of November the 2nd 25th 1995 probate as the last will of WERNER JERRY D (~T, ,/;".LKtiT, M.LlJULJ:!i) 2001 an instrumen late of NEWBERRY TOWNSHIP YORK County, who died on. the 5th day of June 2001 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, BRADLEY CJACOBS , Register of Wills in and for . the 'County of YORK in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to WERNER J YVONNE who has duly qualified as Executor (rix) and has agreed to administer the estate according to law, all of which fully appears of record in my Office at YORK YORK, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office the 2nd day of November 2001. J;~~J~1l1S .' . Exhi bit B .. WEB ADDRESS www.state.oa.us BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION Po Box 280601 HARRISBURG, PA 17128.0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE April 25, 2006 ~ L ,~:::'L [":""11 1/-,( -.J\ I U)<:' Charles E. Schmidt, Jr., Esq. SRK Law 209 State St. Harrisburg, PA 17101 Re: Estate of Jerry D. Werner File Number 6701-1554 Dear Mr. Schmidt: The Department of Revenue received a letter concerning the Petition for Approval of Settlement Claim to be filed on behalf of the above-referenced Estate in regard to a wrongful death and survival action. It was forwarded to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to settle the actions. Pursuant to the letter, the decedent died as a result of medical malpractice. The sole heir to decedent's' estate is his spouse. . Therefore, any proceeds paid to settle the survival action would pass to decedent's spouse and would be subject to a zero percent inheritance tax rate. 72 P.S. ~9116(a)(1.1 )(ii).Accordingly, regardless of the allocation of the subject proceeds, there would be no inheritance tax consequences. Please be advised that based upon these facts and for inheritance tax purposes only, this Department has no objection to the proposed allocation of the proceeds of this action, 100% to the wrongful death claim and 0% to the survival claim. Proceeds of a survival action are an asset included in the decedent's estate and, although subject to the imposition of a zero percent inheritance tax rate in this instance, they must be reported on decedent's Pennsylvania inheritance tax return. 42 Pa. C.S.A. ~8302; 72 P.S. ~~9106, 9107. Costs and fees must be deducted in the same percentages as the proceeds are allocated, In re Estate of Merrvman, 669 A.2d 1059 (Pa. Cmwlth. 1995). I trust that this letter is a sufficient representation of the Department's position on this matter. As the Department has no objections to the Petition, an attorney from the Department of Revenue will not be attending the hearing regarding it. Please contact me if you or the Court has any questions or requires anything additional from this Bureau. Finally, the approval of this . allocation is limited to this estate and does not reflect the position that the Department may take in any other proposed distribution of proceeds of a wrongful death I survival action. Sincerely, ~.I'l\('c-C~L\)~t Holly A. McClintock Trust Valuation Specialist PHONE: 717-787-1794 . FAX: 717-783-3467 . EMAlL: hmcclintoc@state.Da.us .' VERIFICATION I, Charles E. Schmidt, Jr., attorney for Plaintiffs, verify that I am attorney of record for the Plaintiff, and that the foregoing document contains no facts within the knowledge of the Plaintiffs, but rather, is based upon the record or facts solely within the knowledge of the attorney; and, for that reason, I make this Verification on Plaintiffs' behalf. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsifications to authorities. SCHMI By: Charles E. Schmidt, Jr. 209 State Street Harrisburg, PA 17101 Attorney J.D. # 19198 (717) 232-6300 Attorney for Plaintiff DATE: i' CERTIFICATE OF SERVICE AND NOW, I, Charles E. Schmidt, Jr., hereby certify that I have, this day, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Lauralee B. Baker, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 N. Front Street Harrisburg, PA 17110-0950 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Jennifer M. Kirschler, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste. 400 Pittsburgh, PA 15222-5402 Respectfully submitted, Date: ,~/4 /0(, By: Charles E. Schmidt, r., Esquire Attorney J.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Petitioner a c: 5: ""Om m('ri Z~'t_-l ~~~~, ~'~C) ~(-...",-, ~'1:(:J ):> (- z =< f'-.:) = = 0'" :x :;po. -< , Ul ~ ~fIJ :g'f3 06 -'-'i Of"~ ?J=. :ri 90 am ~ =<. -0 :x (J'l Q) . SCHMIDT, RONCA lIo KRAMER, P.C. BY: CHARLES E. SCHMIDT, JR., ESQUIRE LD. #t9I98 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D, WERNER, Plain tiff v, ALLEN S, WENGER, M.D, and MID PENN UROLOGY, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 04-557 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff v, ANN S, GREINER, M,D. and WEST SHORE ANESTHESIA ASSOCIATES, LTD, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW NO. 03-2612 **************************************************************************************** JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff v, HOLY SPIRIT HOSPITAL a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, CRN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO, 03-2464 / JURY TRIAL DEMANDED .. PLAINTIFF'S CONSENT TO SETTLEMENT I, Yvonne Werner, Executrix of the Estate of Jerry D, Werner, hereby consent to the settlement and distribution as outlined in the Petition For Approval of Settlement filed with the Cumberland County Prothonotary as follows: TOTAL SETTLEMENT Wrongful Death Action (100%) $510,000.00 Schmidt, Ronca & Kramer, PC Attorneys' Fees (33 1/3%) $170,000.00 Schmidt, Ronca & Kramer, PC Attorneys' Costs $ 31,109.52 $308,890.48 TOTAL DUE YVONNE WERNER WITNESS: ~ '-"~- t:-./ ~9"'''--i. ./ , . ONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER ... .. , CERTIFICATE OF SERVICE AND NOW, I, Charles E, Schmidt, Jr., hereby certify that I.have, this day, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Lauralee B, Baker, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Craig A, Stone, Esquire Mette, Evans & Woodside 3401 N. Front Street Harrisburg, PA 17110-0950 Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 N, Front Street P,O, Box 999 Harrisburg, PA 17108 Jennifer M, Kirschler, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste, 400 Pittsburgh, PA 15222-5402 Date: f}1c1 :2j J JODIo Respectfully submitted, /~ SCH~IDT, RON A & K ld" I '. i " 11\ j 1.'\,'..,.. - \: ~ ~ (' ", . (.... ' ' By: " -- ,<'- ,j Charles E. Schmidt, J ., Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff ER,P.C. ". - r-> = 0 <:.:::' -n "" -~ ;:F,:n ~.. -' ,. N -am .::- ;IJY ,,:J\C> -0 ",.~ -r, (5:11 ='- "';7 ( " ~? drn --\ ..i -po _r. ":0 ._~. CJ :..; " ORDER AND NOW this t.Ct tl. day of tA ? "\ , 2006, upon consideration of Plaintiffs Petition for Court Approval of Settlement and after a hearing OB said Peti!ieR, the Petition is approved and the following shall occur: 1. The settlement funds shall be distributed as set forth below: Wrongful Death Action (100%) $510,000.00 Schmidt, Ronca & Kramer, PC Attorneys' Fees (33 1/3%) $170,000.00 Schmidt, Ronca & Kramer, PC Attorneys' Costs $ 31,109.52 $308,890.48 TOTAL DUE YVONNE WERNER 2. This matter shall be marked settled, discontinued, and ended with prejudice. BY THE COURT: 0/ cY' ?J ~ Fi J.,b-tJ OFFfCG OF 11fc PRv7ffOlX!7f/RY ~3D~etf.., I CWl<I.BEet)'l'uD ~, fA Dcg