HomeMy WebLinkAbout03-2472LINDA MACHADo, Executrix of the
Estate of HOWARD M. MACHADo,
Deceased, and LINDA MACHADo in
her own right,
Plaintiff
Ve
HOLY SPIRIT HOSPITAL,
Defendant
: IN THE COURT OF COMMON PLEAs
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION. LAW
PRAEC/PE TO ENTER JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment against Defendant in the above matter in the total amount of
$1,513,923.64 with post-judgment interest to run at the statutory rate of six (6%) percent from the
date of the verdict to the date &payment.
CountY'Attached hereto is the exemplified record from the Court of Common Pleas of Dauphin
Dated:
SERRATELLI, SCHIFFMAN, BROWN
& CALHOON, PC
I2-t~.sb~rggle~7/R/~ad, State 201
(717) 540-9170
LINDA MACHADO, Executrix of the
Estate of HOWARD M. MACHADO,
Deceased, and LINDA MACHADO in
her own right,
Plaintiff
HOLY SPIRIT HOSPITAL,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION - LAW
CERTIFICATE OF RESIDENCY
TO THE PROTHONOTARY:
I, Steven J. Schiffrnan, Esquire, co-counsel for Plaintiff above named, hereby certify that the
correct address of the Defendant, HOLY SPIRIT HOSPITAL, is 503 North 21 st Street, Camp Hill,
Cumberland County, Pennsylvania, 17011.
SERRATELLI, SCHIFFMAN, BROWN
& CALHOON, PC
~hiffman, Esquir~
21D~ £:illlg~t8own Road, Suite 201
Harrisburg, PA 17110
(717) 540-9170
LINDA MACHADO, Executrix of the Estate of
HOWARD M. MACHADO, Deceased, and
LINDA MACHADO in her own right,
Plaintiff
HOLY SPIRIT HOSPITAL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.:
CIVIL ACTION - LAW
TO
Holy Spirit Hospital
Defendant(s)
You are hereby notified that on.. May , 2003, the following (Ord~
~(Judgment) has been entered against you in the above-captioned case.
Judgment in the amount of $1,513,923.64 with post-judgment interest to run at the.
statutory_ rate of six (6%} percent from the date of the verdict to the date of payment.
Date:
Prothonotary
I hereby certify that the name and address of the proper person(s) to receive this notice is:
Holy Spirit Hospital
503 North 21st Street
Camp Hill, PA 17011
A Holy Spirit Hospital Defendido/a
Defendidos/as
Por ests medio se le esta notificando que el del May 2003, el/la siguiente
~,_,lU~,_.~,~,,j (Fallo) ha sido enotado en contra suya en el caso mencionado en al epigrafe.
Fecha:
Protonotario
Certifico que la siguiente direction es la del defendido/a sgetm indicade en el certificado de
residencia:
Holy Spirit Hospital
503 North 21st Street
Camp Hill, PA 17011
Abogado del Demandante
L:\lconway~PETITlON~nachado pr'ac to enter judgm~t.wpd
In The Court of Common Pleas of Dauphin County, Pennsylvania
Linda Machado
Howard M Machado
VS.
Barbara K Kunkle
Harrisburg Hospital
Garson M Caruso
Holy Spirit Hospital
No. 1997-CV-2951-CV
EXEMPLIFIED RECORD FROM THE
APPEARANCE DOCKETS OF
DAUPHIN COUNTY, PENNSYLVANIA
CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT
I, the undersigned Prothonotary of the Court of common Pleas of Dauphin County, Pennsylvania,
do hereby certify that the attached is a full, true and correct copy of the docket entries in the above
captioned case.
I further certify that judgment was entered in favor of Plaintiff, Linda Machado and against
Defendant, Holy Spirit Hospital on May 19, 2003 in said case in the amount of $1,513,923.64
tin Igeztimon~, t~lg[lerea[, I have hereunto set my hand and affixed the seal of the Court, on
Thursday, May 22, 2003.
Prothonotary
Judgment $1=513~923.64
Interest to run at the statutory rate of 6% from the date of the verdict to the date of payment
Sheriff's Costs I~115.00
Attorney I~3.00
Plaintiff Paid $!72.75
Prothy. Due $8.75
This record $17.50
COURT OF COMMON PLEAS
DAUPHIN COUNTY CIVIL ACTION
SUITS 1996
Pdnled by: IMR Limiled- Form 39'/ ESI 1415
Entry By Summons ( )
Complaint (~,'/)
Petition ( )
Appeal ( )
Writ of Execution Issued: Custody ( )
Trespass ( )
Appearance For:
Plaintiff:
Defendant:
LINDA MACHADO, Executrix of the
Estate of HOWARD M. MACHADO, -
Deceased, and LINDA MACHADO in .
her own right
VS.
Assumpsit ( )
Visitation ( )
Divorce ( )
Mortgage Foreclosure ( )
Change of Name ( )
Ejectment ( )
Quiet Title ( )
Appt. of Viewers ( )
Replevin ( )
Declaration of Taking ( )
Forma Pauperis ( )
Mental Health ( )
Protective Order ( )
MICHAEL GAWLAS, D. 0., District Magistrate ( )
GOOD HOPE FAMILY PHYSICIANS, P.C.,
HARRISBURG HOSPITAL,
GARSON M. CARUSO, M.D.,
JONATHAN B. TOCKS, M.D.,
RICHARD L. DAVIS, M.D., and
CUMBERLAND FAMILY PRACTICE
/~t.. 2,1~,, ~ ......
' , , ~,..~__.o~, v~u Coioplalnl upon
gm An~w~r~, ._1 R. Lotwick. Sheriff.
Paid $
SO l_~swam, .I R t nfwiok,
Pai~ $
So Answers, J.R. Lotw~ck,
Paid $ .... u.
/~:_~. ....... !99~ n,n,,dnnmplaintuponOe~endantts)_~~ ~~ ~~,._.--.t ' '
Se A,sw.r.: a.
Amount ....
Filing Fee Q,~_.p ,~r_~.19'o Adm. Fee-Divorce
Atty. Appearance [ Adm. Fee-Custody
Sheriff's Costs App't. of Master I ho. to. by eo. difv that the foreooino i$!
Discontinuance Cash Bond true and correct copy~)f th~ 0r~0im
Rule of Reference Escrow Funds filed.
llr~m ~.wr e ,,tq_z,~ .~'0tary
495a
Nov 13; 1-996- Prel{minary objections ~ defendants Harrisburg Hospital and Garson M.
Caruso, M.D. to Plaintiff's complaint,filed.
Nov. 14, 1996 - Preliminary Objections of Defts Michael G~w]~;
Hope Family Physicians~ P.C.~ to Plff's Complaint, Filed.
Nov. 14, 1996 - Brief in support of Preliminary Objections of Defts.: Michael Gawla
D.O., and Good Hope Family Physicians, P.C., to Plff's
Dec 11, 1996-Answer of defendants G~rson M.
, M.D.,
Harrisburg Hospital
to plaintiffs first amende~complaint, filed.
- _ , - !. -
- - ! -
Family Practice's Answer with new matter, Filed.
Feb 18, 1997-Plaintiff's Reply to New Matter of Defendants, Jonathan B. Tocks, M.D.
and Cumberland Family Practice to Plaintiff's First Amended Complaint, filed.
A~t'), 1997 -~ule Js hereby gr~d against the ~e~;~;s-to show cause,
if any, why this Court should not grant the Plaintiff's Motion to Consolidate
the actions. Rule returnable 20 days from date of service. /S/ Joseph H.
Kleinfelter, Judge. See Rule Filed.
_I). ,
August 19, 1997 - Answe~--f Defendants, Michae~Gawlas, D.O., and Good Hope
Family Physicians, P.C., to plaintiff's Motion and Rule to Consolidate Actions~
filed to 2951 S 1997.
I hereby -.,,.rLf~ that th~ foregoing is a
filed. /\'
~tothonotaty
Printed by: IMR- Form H~427B E703383 & E703748
4950 S 1996 MACHADO v GAWLAS ET AL
* * * * * * CONSOLIDATED TO 2951 S 1997 * * * *
MAY 2 2 2003
COURT OF COMMON PLEAS
DAUPHIN COUNTY CIVIL ACTION
SUITS 1997
: PFinted by: IMR Limed-Form39? E6126~6
97-S 2951
Date of Entry June 24, 1997
Writ of Execution Issued:
Appearance For:
Plaintiff: Ronald L. Wolf; Esquire
Martina W. McLaughlin, Esquire
( )
Defendant: ( )
( )
LINDA MACHADO~ Executrix of The Estate of HOWARD
M. MACHADO, Deceased and LINDA MACHADO in her own
Right
( )
VS. ( )
( )
,. Protective Order ( )
Entry By Summons ( )
Complaint ( X )
Petition ! )
Appeal )
Custody )
Trespass ( )
Assumpsit ( )
Visitation ( )
Divorce
Mortgage Foreclosure
Change of Name
Ejectment ( )
Quiet Title ( )
Appt. of Viewers ( )
Replevin ( )
Declaration of Taking
Forma Pauperis
Mental Health
BARBARA K. KUNKEL, M.D., THE A.Z. RITZMA/q ASSOC.,
INC., HARRISBURG HOPITAL, JOSEPH ESPOSITO, M.D.,
SUSQUEHANNA SURGEONS, L~D.,'WILLIAM SULLIVAN, M.D.
and HOLY S~IRIT HOSPITAL
District Magistrate ( )
EXCLUDED 8/31/98 - WILLIAM A SULLIVAN, M.D.
,/~.£ /o./~,o7_ ,z-~ ~ ~5.~-~. e.,,Je,--: ,~,,,~,,,-,,,,-,.~ ~ ~a.~P ~~ ~,~.( ~,
July 21, 1997 - Preliminary O%j%ctio~s of ~efen~an~s, Willfam S~liva2~ M.D.
and Holy Spirit Hospital to Plaintiff's Complaint, filed.
/.~,'~ ~ Amount
Filing Fee JCP 5~ 98 Adm. Fee-Divorce
Atty. Appearance Adm. Fee- Custody
Sheriffs Costs App't. of Master
Discontinuance Cash Bond hereby
Rule of Reference Escrow Funds trtl~ ~:lu ~c~ c,~);ff,i tha 0['ifli~al
·
Prothon0tar~
2951
Augu's~ 7, 1997 - A rule is~r~by granted against thPdefendants to show cause, i
any, why this Court should not grant t'he plaintiff,s Motion to Consolidate the
actions. Rule returnable 20 days from date of service. /S/ Joseph H. Kleinfelte
Judge. See Rule Filed.
O.u.~. '~.':qq-7- ~o~o0~ .:~ ~~~t~ w~'~_~,~.~,
0 ' ' '- [ ' · .... .- - U.
,. ~ ~ C~~,~.~- _
Septembe: 12~ 1997 - Upon conside:a:ioao[ ~Zain:~[g~s Mo:ion [o Make RuZe AbsoZu:
it is hereby ORDERED And DECREED THAT THE Above captioned cases are now consolidat
for all pruposes under both captions as set forth above. /S/ R$chard A. Lewis,
Judge. See Order~filed.
~. __ n~ ~ ,
~ ILl I~U 19~Sep:ed ComplM~t upon Defendant(s}. ~ ~nd~
filed.
Prothonota~
Printed by: IMR- Form H-42?B E703383 & E703748
AuA. 31~ 1998- Upon presentation of the ~±thin Stipulation of Counsel for ali_
parties, the provisions thereof are approved and ~illiam A Sulli;a~.. M.D. ~s
hereby dismissed as a Defendant in this action, subject, nevertheless: to all
terms of said Stipulation. Further, the Prothonotary and all remaining parties are
directed to hereafter exclude Defendant Sullivan's name from the caption hereof.
Counsel for Defendant Sullivan is directed to give notice of entry of this Order
to all parties~ or their counsel, forthwith. /s/ Joseph H Kleinfelter, J., See
Order Filed.
February 26, 1999 - A rule is hereby issued upon plaintiff to show cause why the
Motion to Compel of Harrisburg Hospital should not be granted. RULE RETURNABLE TE~
DAYS FROM SERVICE. /s/ Joseph H. Kleinfelter~ J.~ See ORDER filed. To arty 3/2/99.
March 22, 1999 - Upon consideration of Defendant Harrisburg Hospital's Motion to
Compel, its Brief in support thereof, the Rules of Civil Procedure and applicable
law; IT IS HEREBY ORDERED that the original x-rays and ultrasound films taken of
Mr. Machado at Harrisburg Hospital are the property of Harrisburg Hospital.
Plaintiff is ordered to return the original x-rays and ultrasound films taken of
Mr. Machado at Harrisburg Hospital within seven days of this order or suffer
sanctions to be imposed by this Court upon proper application. /s/ Joseph H.
Kleinfelter, J., See ORDER filed.
April 9, 1999 upon consideration of Plaintiffs' Petition for Status
Conference under Rule 215.3, IT IS HEREBY ORDERED that a Status
Conference be held in the Chambers of the undersigned judge on Thursday,
May 27, 1999_~ at 1:30 P.M. Counsel for all parties shall be present to
filed.
discuss deadlines and a new trial date. /S/ Joseph H. Kleinfelt~r, Judge
See Orde~ ~i'led ~ '
May '27~ 199~- Pursuant to-Plaintiff's Petition For Status Conference under Rule
215.~, same being conducted in the chambers of the undersigned, thi.s dgte,, with
counsel for all parties being present~ IT LS HEREBY ORDERED as follows: 1. This ca:i
is attached for trial commencing Monday March 27~ 2000, in Dauphin County Court.
( SEE COMPLETE ORDER). /s/ Joseph H. Kleinfelter, Judge. See SCHEDULING ORDER
filed. Copies Dist. by Court 5-28-99.
September 2, 1999- After due consideration of the attached Plaintiff's Motion to
Compel Answers to D.i~covery from defendant Holy Spirit Hospital it is hereby ORDERK
that defendants Holy Spirit HospitaR provide the requested answers and/or docunenb:
withi~ twenty (20) days of service of this Order or show cause why such answers
and/or documents are being withheld. Failure to comply with this Order will re-
suit in'sanctions as provided by Pa.R.Civ. P.4019. /s/ Richard A. Lewis, Judge.
See'O~DER filed.
October 1~ 1999 - It is hereby stipulated and agreed by Plaintif~ and Defendant:
Wllliam Sullivan, M.D. and Holy Splrlt Hospital, as follows:
1. Subparagraph 60(e), a~d (j) are hereby stricken from plaintiffs' Complaint;
and
2. Paragraph 69 of Plaintiff's Complaint'is hereby stricken,.and in its place
the following shal% be 'Substitut'ed:
69 Plaintiff hereby seeks on behalf of herself and any other statutory
Beneficiaries entitled to recoverall damages allowable by law Under
the Wrongful Death Act for the wrongful death of her husband, Howard
Machado. /s/ Richard A. Lewis, Judge. See STIPULATION filed.
November 3, 1999 - A Eule is hereby issued upon defendant H01y Spirit to show
cause why Plaintiff's Motion to Compel the Indentity of Holy Spirit Hospital
p??sonnel should not be granted. RULE RETURNABLE 10 DAYS FROM SERVICE. /s/
Jeannine TUrgeon, Judge. See RULE TO SHOW CAUSE filed.
UAY 22 2~03
printed by: IMR- Fo~m H-427B E815870
ZR%/ - $ - Ic) 9'7
Kleinfelter, Pres. JUdge. See ORDER filed. Copies mailed 3-13-00.
GRANTED. /s/ Joseph H. Kleinfelter~ Pres. Judge. See ORDER AND MEMORANDUM filed.
Copies mailed 3-20-00.
March 10, 2000- Upon consideration of the Motion for Summary Judgment of Defendant~
Joseph Esposito, M.D. and Susquehanna Surgeons, Ltd', said Motion is HEREBY GRANTEI
and Defendants Joseph Esposito, M.D. and Susquehanna Surgeons, Ltd. are HEREBY
DISMISSED as Defendants in this action, and the Complaint against said Defendants
Joseph Esposito, M.D. and Susquehanna Surgeons, Ltd. herein is hereby DISMISSED as
to Defendants Joseph Esposito, M.D. and Susquehanna Surgeons, Ltd., with prejudice.
Further~ the Prothonotary and all remaining parties are directed to hereafter ex-
clude Defendants Esposit0's and Susquehanna Surgeons~ Ltd.'s names from the captio~
hereof. /s/ Joseph H. Kleinfelter~ Pres. Judge. See ORDER filed. Copies to AttY.
3-10200.
March 16~ 2000- Upon consideration of Defendant's Motion for a stay of trial from
the March 27, 2000~ trial term~ pending an emergency appeal~ it is hereby ORDERED
that said Motion is DENIED. /s/ ~oseph H. Kleinfelter~ Pres. Judge. See ORDER
filed. Copies Dist. by Court 3-17-00.
MarCh 16~ 2000- Upon consideration of Defendant Garson Caruso, M.D.'s Motion for
Continuance of trial or to certify the question for appeal~ it is hereby ORDERED
that said Motion for Continuance is DENIED. /s/ Joseph H. Kleinfelter~ Pres. Judge.
See ORDER filed. Copies Dist. by Court 3-17-00.
March 16, 2000- Defendant Garson Caruso, M.D.'s Motion to transcribe the entire
record of the March 10~ 2000~ hearing on objections to trial listing is GRANTED.
The Court Reporter shall transcribe the entire record of said hearing. It is also
hereby ORDERED that Defendant Dr. Caruso shall bear the financial responsibility
FORWARD TO FOLLOWING PAGE.
prl~tted by: IMR-Form H-427B EB15~O
2951-S-1997 CONT' D
said transcript. /s/ Joseph H. Kleinfelter, Judge. See
March 21, 2000- Pursuant to the Stipulation of Counsel filed with this Court~ it is
hereby ORDERED and DECREED that no claim of corporate neg]igennm
against Defendant Harrisburg Hospital at the time of trial.
no evidence, oral or documentary, as to any alleged corporate negligence on the pa~
of Defendant Harrisburg Hospital. /s/ Joseph H. KLeinfelter~ Pres. Judge. See ORD~
filed. Copies Dist. by Court 3-22-00.
~TIPOLC,"r. Ihk) ; ¢"IL_E'_r) ,'
Fit ~t: D
OF
April )0- Upon con ation of aintiff's Petition
IS HEREBY ORDERED that a Rule is issued upon Defendants Harrisburg Hospital, Gar~ol
M. Caruso, M.D.~ and Holy Spirit Hospital to show cause why the said Petition
not be granted. Rule returnable within ten days of service. /s/ Joseph H. Klein-
felter~ Pres. Judge. See ORDER filed. Copies mailed 4-13-00.
~v!. CA~JJ$0 ,
IT IS HEREBY ORDERED as follows: 1. The court reporter shall transcribe the record
in its entirety (excluding voir dire) upon payment by the Defendants of the re-
quired deposit. 2. As to the motions for a new trial or in arrest of judgment,
each Defendant shall file a brief in support of their motion within twenty days of
the lodgment of the transcript. Plaintiffs shall file a reply brief within twenty
days thereafter. Oral argument will be scheduled before the undersigned judge aft~
all briefs have been filed. 3. The motions for remittitur will be consolidated
for disposition with the motion in arrest of judgment. 4. The motions for leave
to file supplemental grounds pursuant to Pa.R.C.P. 227.1(b((2) are denied. 5. ThP
motions for en banc argument are denied. /s/ Joseph H. Klei'nfelter, Pres. Judge.
See ORDER filed. Copies Dist. by Court 4-19-00.
April 21, 2000- Pursuant to Pa.R.C.P. 238(c)(~), it is hereby ORDERED that defend-
ants, Garson M. Caruso, M.D. and Harrisburg Hospital, are given until May 1, 2000,
to respond in opposition to plaintiff's Petition for Delay Damages. /s/ Joseph H.
Kleinfelter, Pres. Judge. See ORDER filed. Copies Dist.
MAY 22 ~
Printed by: IMR- Fon~ H-427B E815870
day within which ti file its brief in support of post trial motions, making its brief due on
August 18, 2000. /s/ Joseph H. Kleinfelter, Judge. See ORDER filed. Distr. by the court 7-21-00
July 27, 2000- It is hereby ORDERED that Defendants Harrisburg Hospital and Garso~
.M. Caruso, M.D., shall have an extension of time of ten (10) days within which to
file their Brief in Support of Post-Trial Motions, making their Brief due on Augus_
18, 2000. /s/ Joseph H. Kleinfelter, Pres. Judge. See ORDER filed.
August 3, 2000 - Upon consideration of Defendant Caruso's Motion to Place Transcript Under Seal;
IT IS HEREBY ORDERED that Defendnnt's Motion is GRANTED. The transcript made of the sidebar
conference held before the Honorable Joseph H. Kleinfelter, P.J. on March 10, 2000, shall be
placed under Seal of the Court. /s/ Joseph H. Kleinfelter, President Judge.' Cdpies dis~ribufed
by Court 8-8-00.
c,..,, ,... ,,~r_.- I h~:~rU~ that th~} foregoing is a
TI:) , ... i.~ lmluo aim [;ui~ctcop~'~of the originai
flied.
Prothonotary '
~l F__.F I/,,i RIE PL.-,I 'ir0 '-rl-I~
H eL"/ ~ P~ I~, rT'
IT IS HEREBY ORDERED that oral argument be scheduled for the 25th of October, 2000 at 9:00 A.M.
in Courtroom 1 of the Dauphin County Court House, Front & Market Streets~ Harrisburg~ PA.
/s/ Joseph H. Kleinfelter, Pres. Judge. See ORDER filed.
October 19, 2000 - Upon consideration of the Motion to Continue Oral Argument Regarding Post-Trial
Relief Scheduled for October 25, 2000 of Defendant, Garson M Caruso, M.D., it is hereby ORDERED
as follows: Motion denied. Assign associate counsel to make Oral Argument. /s/ Joseph H.
Kleinfelter~ President Judge. See ORDER, filed. Dist. made to all Attorneys by Judicial Secretar
December 18, 2000-PETITION FOR APPROVAL OF DISTRIBUTION OF SETTL~ FUNDS RECEIVED
FROM T~E CAT FUND. See Complete Order. /s/Joseph F. Kleinfelter, Judge. See Order Filed.
To Arty 12/19/00.
;
February 02~ 2001 - Upon consideration of the petition for delay damages of plaintiff Linda
Machado, the following is hereby ORDERED: 1. Defendants Harrisburg Hospital and Garson M.
Caruso are directed to remit delay damages to plaintiff in the amount of $36,482.35; 2. Defenda[
Holy spirit Hospital is directed to remit delay damages to plaintiff in the amount of $32,120.20~
3. There shall be no delay damages assessed against the Medical Professional Liability
Catastrophe Loss Fund. /s/ 3oseph H. Kleinfelter, President Judge See ORDER BY ~HE' COURT and
OOINION , filed. Copies mailed 02-02-01.
FORWARD TO FOLLOWING PAGE.
MAY 22 2003
hu o~y
~:, ,,y ',:~::~ ~;-,~ foregoing is a
true ZF, d ,:C~,r,;:~ ¢Oi:,:~,,oi Ilia o[igin~
Prot,bnotary
Prlntm:l by: IMR- Form H-427B E815870
2951-S-1997 CONT'D.
consideration of
the Motions
and Holy SPirit HOspital,
Kleinfelter, Pres. Judge.
March 1, 2001- Upon
Harrisburg Hospital~ Garson M. Caruso, M.D.
motions are hereby DENIED. /s/ 3osaeph H.
OPINION filed. Copies mailed 3-1-01.
for Post-Trial Relief of defendan!
defendants'
See ORDER AN[
~r~ou~T o.~
0J ,~ .~ ~rc~ 29, 2~1 - jud~ent is enter~ in favor of plMntiff and ~ainst defendants,
' I~'~a~son M. ~so, M.'D., Ha~isburg Hospital~ ~d Holy spirit Hospital~ on the ~y's verdict of
April 5, 20~ ~d trial court also ~o~h ~ ord~ dat~ enter~ Feb~y 2~ 2~1 for delay
dmmmBes. See praeci~ and notice filed. Copies ~il~ by attM. 3-29-01.
JUNE 22t 2001- PETITION FOR APPROVAL OF SETT%FMENT WITH DEFENDANTS, HARRISBURG HOSPITAL AND GARSON
M. CARUSO~ M.D. APPROVED BY THE COURT./s/ TODD HOOVER ~ Judge PRESIDING IN ORPHANS COURT FOR
JOSEPH H. R1.RTNFK~.TER, President Judge.
AddlU'or_,ai -fiiin~s ~,-~
MAY 22 2003
Date: 5/22/2003
Time: 11:25 AM
Page 1 of 3
Filed: 6/24/1997
Subtype: Civil
Comment:
Dauphin County
Complete Case History
1997-CV-2951 -CV
Linda Machado, etal. vs. Barbara K Kunkle, etal.
Physical File: Y Appealed: N
User: KWEBB
Judge History
Date Judge
1/15/2002 No Judge,
Payments Receipt
Litvin Blumberg Matusow Young 6716
Plaintiff
Name:
Address:
Phone:
Employer:
Party Type:
Comment:
Plaintiff
Name:
Address:
Phone:
Employer:
Party Type:
Comment:
Defendant
Name:
Address:
Phone:
Employer:
Party Type:
Comment:
Defendant
Name:
Address:
Phone:
Employer:
Party Type:
Comment:
Machado, Linda
Home:
Machado, Howard M
Home:
Kunkle, Barbara K
Home:
Harrisburg Hospital
Home:
Date
2/25/2002
Work:
Work:
Work:
Work:
Reason for Removal
Current
Type
Civil Filing
Total
SSN:
DOB:
Sex:
Send notices: Y
SSN:
DOB:
Sex:
Send notices: Y
SSN:
DOB:
Sex:
Send notices: Y
SSN:
DOB:
Sex:
Send notices: Y
Amount
7.75
7.75
MAY 22 2003
Proth~nt~tary
Date: 5/22/2003
Time: 11:25 AM
Page 2 of 3
Defendant
Name:
Address:
Phone:
Employer:
Party Type:
Comment:
Defendant
Name:
Address:
Phone:
Employer:
Party Type:
Comment:
Register of Actions
6/24/1997
10/3/2001
2/25/2002
3/26/2003
4/3/2003
4/7/2003
4/10/2003
Dauphin County
Complete Case History
1997-CV-2951 -CV
Linda Machado, etal. vs. Barbara K Kunkle, etal.
User: KWEBB
Caruso, Garson M
Home:
Holy Spirit Hospital
Work:
SSN:
DOB:
Sex:
Send notices: Y
Home: Work:
SSN:
DOB:
Sex:
Send notices: Y
New Civil Case Filed This Date.
The above appeal is hereby withdrawn and
discontinued by order of Evan Black,
Esquire, Attorney for Appellant. See
DISCONTINUANCE from the Superior
Court of Pennsylvania filed 10/04/01.
Record to Stay with Superior Court for
another appeal at 728 MDA 2001.
See Docket Book for prior entries.
The judgment in the above captioned
matter against defendants Harrisburg
Hospital and Garson Caruso, M.D., ONLY
is satisfied, see praecipe filed
The Petition for Allowance of Appeal is
DENIED.
See PER CURIAM ORDER from the
Supreme Court of Pennsylvania Middle
District filed 04/17/03.
The Petition for Allowance of Appeal is
DENIED.
See PER CURIAM ORDER from the
Supreme Court of Pennsylvania Middle
District filed 04/17/03.
Petition for approval of distribution of Final
judgment awarded against defendant, Holy
Spirit Hospital, filed
C&E in file
PETITION FOR APPROVAL OF
DISTRIBUTION OF FINAL JUDGMENT
AWARDED AGAINST DEFENDANT,
HOLY SPIRIT HOSPITAL APPROVED BY
THE COURT.
See PETITION and ORDER filed.
Copies distributed 4-8-03.
Motion for entry of Final Judgment
pursuant to the direction of the Superior
Court of Pennsylvania, filed
C&E in file
No Judge,
No Judge,
No Judge,
No Judge,
No Judge,
No Judge,
No Judge,
Hoover, Todd A.
No Judge,
MAY 2 2 2803
Date: 5/22/2003
Time: 11:25 AM
Page 3 of 3
Register of Actions
4/16/2003
5/16/2003
5/19/2003
Judgment
Order date
5/19/2003
Plaintiff:
Defendant:
Dauphin County
Complete Case History
1997-CV-2951 -CV
Linda Machado, etal. vs. Barbara K Kunkle, etal.
A rule is entered against defendant, Holy
Spirit Hospital, to show cause why final
judgment should not be entered in
accordance with the petition filed on behalf
of plaintiff, Linda Machado. RULE
RETURNABLE 20 DAYS FROM
SERVICE. See RULE TO SHOW
CAUSE filed. Copies Dist. 4-16-03.
Motion to Make Rule Absolute, filed
Pursuant to the direction of the Superior
Court, it is hereby ORDERED and
DECREED that damages for delay are
awarded in the amount of $209,604.14
and the judgment is entered in favor of
plaintiff, Linda Machado, and against
defendant, Holy Spirit Hospital, in the
amount of $1,513,923.64 with
post-judgment interest to run at the
statutory rate of 6% from the date of the
verdict to the date of payment. See Order
filed copies dist 5/19/03
lofl
In Favor Of Disposition
Plaintiff Open
Machado, Linda
Holy Spirit Hospital
Disposition
Date
5/19/2003
Kleinfelter, Joseph H.
No Judge,
Kleinfelter, Joseph H.
Judgment
Judgment/Order
MAY 22 2003
I hereby certify that the foregoing is a
true nd correct c_.opy__of th_e original filed.
~rrotho~n°tarylClerk of Courts -
User: KWEBB
Amount
1513923.(
LINDA MACHADO, Executrix of the
Estate of HOWARD M. MACHADO,
Deceased, and LINDA MACHADO in
her own right,
Plaintiff
Ve
HOLY SPIRIT HOSPITAL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 03-2472 CIVIL TERM
CIVIL ACTION - LAW
TO THEPROTHONOTARY:
PRAECIPE
Kindly mark the judgment in the above matter paid and satisfied.
Dated:
SERRATELLI, SCHIFFMAN, BROWN
& CALHOON, PC
ID No.: ~ t'fmar Esquire
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110
(717) 540-9170