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HomeMy WebLinkAbout03-2612 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0,3 -.<I..IJ.. C!,"u~t J~ Civil Action (X) Law ( ) Equity YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, 2140 Potts Hills Road Etters, PA 17319 ANN S. GREINER, M.D. West Shore Anesthesia Associates, Ltd. 502 N. 21st Street Camp Hill, PA 17011 AND WEST SHORT ANESTHESIA ASSOCIATES, LTD., 502 N. 21 ST Street Camp Hill, PA 17011 Plaintiff & Address Defendants & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writs of Summons in the above-captioned action. X A Writ of Summons shall be issued and forwarde )Attorney (X) Sheriff. Charles E. Schmidt, Jr., Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: G,) ~ /03 , . r Signature of Attorne Supreme Court I.D. No. 19198 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: '" J UJJ~ J ~/Y.)~ l (l.lAA-:6>~ .~ Prothonotary ~tn~[).~~ eputy (x) Check here if reverse is issued for additional information iO ~ ~1l - bJ ~ ~ ~ ~ rr, 6" D ~J (') ~ "'tJ ~; n.,l.>..... r' Z.'~~ z...~.. r:~ C/) .J..' -< h~; r::c <;: ;;r7C-. ~c c::: '" ~ c w (- S .,- o '1'1 --:~ r8 J . (~) . -r I '.") :JJ -:-;..C) .~-5fn ~~ 5:J -< I GJ -0 ~ ~ -:Jl -.I SHERIFF'S RETURN - REGULAR CASE NO: 2003-02612 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WERNER YVONNE IND & AS EXEC OF VS GREINER ANN S MD ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GREINER ANN S MD the DEFENDANT , at 1655:00 HOURS, on the 4th day of June , 2003 at 503 NORTH 21ST STREET CAMP HILL, PA 17011 by handing to MICHAEL WOOLUMS, SECURITY SPVR ADULT IN CHARGE 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 Sworn and Subscribed to before 06/05/2003 SCHMIDT RONCA ~~ By: !~Il Deputy Sheriff . ..e- me this /2 - day of 1,~../.:J.tM3 A.D. C },,_ O. /nJ/,~, JfUf p~onotary SHERIFF'S RETURN - REGULAR CASE NO: 2003-02612 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WERNER YVONNE IND & AS EXEC OF VS GREINER ANN S MD ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WEST SHORE ANESTHESIA ASSOCIATES LTD the , at 1655:00 HOURS, on the 4th day of June , 2003 DEFENDANT at 503 NORTH 21ST STREET CAMP HILL, PA 17011 by handing to MICHAEL WOOLUMS, SECURITY SPVR ADULT IN CHARGE 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 /,;2 - day of C}u..... - oUn. '3 A . D . n u-O.~~>~ ~~honotary ~ So Answers: ,-, (. / ,/.;:7." -:r-~,o,,"<r~ R. Thomas Kline 06/05/2003 SCHMIDT RON~A RAMER I) By: C Deputy Sheriff LAURALEE B. BAKER, ESQUIRE Fa. Supreme Court 1.0. No. 58874 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: [717J 975-8114 Fax: [717] 975-8124 E-Mail: Ibaker@margolisedelstein.com Attorney for Defendants: ANN S. GREINER, M.D., and WEST SHORI~ ANESTHESIA ASSOCIATES, LTD. 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 DOCKET NO. 03-2612 v. ANN S. GREINER, M.D., and WEST SHORE ANESTHESIA ASSOCIATES, LTD., Defendants. JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendants, Ann S. Greiner, M.D., and West Shore Anesthesia Associates, Ltd., in the above-captioned matter. Respectfully submitted, MARGOLIS EDELSTEIN Date: "J~ 3 l.OO~ () ) BY~_ Po LAU LEE B. BAKER, ESQUIRE . Attcrney I.D. No. 58874 Attorney for Defendants, ANN S. GREINER, M. D., and WEST SHORE ANESTHESIA ASSOCIATES, LTD. P. O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 CERTIFICATE OF SERVICE; I HEREBY CERTIFY that I served a true and correct copy of the foregoing ENTRY OF APPEARANCE on all counsel of record by r;:z;: first-class postage prepaid, Camp Hill, the ~ day of placing the same in the United States mail at on , 2003, and addressed as follows: Charles E. Schmidt, Jr. Schmidt Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 MARGOL" EDELS~ Bn L;Zt!;; . ~~. Nelson, Secretary - \ 2 <:::> Cl w " s:: ~= "";1 "Un:> , , 92fT' 4'--' ::1:.' I In Z,- C" cq.c, CQ , ~S -~" r,.:: :-~) ~ ,~ . , ( ~- (:' ) ;n 5> ~ ':-j '''''~ =2 "-:"-:J '..J -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIFINANCIAL SERVICES, INC. 7467 New Ridge Road, Suite 200 Hanover, MD 21076 Plaintiff NO. 03-2812 CIVIL TERM vs. JUDITH A. STAFFORD PO Box 13 Newburg, Pa. 17240 and/or 60 East Creek Road Newburg, Pa. 17240 : CIVIL ACTION. MORTGAGE FORECLOSURE Defendant CERTIFICA TE OF MAILING NOnCE The undersigned certifies that Notice of the Sheriffs SalE' of real property scheduled for Wednesday, December 10, 2003, at 10:30 A.M. in the above-captioned matter was sent to the following by mailing such Notice on October 15, 2003, by First Class Mail/Certificate of Mailing, true and correct copies of which are attached hereto: Cumberland County Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 CourthoUlse Square Carlisle, PA 17013 DATED:OCTOBER15,2003 Uti FRANK L. MAJ ATTORNEY F ATTORNEY I. . ., ESQUIRE INTIFF 17638 Cumberland County Child Support Enforcement Agency 13 North Hanover Street Carlisle, PA 17013 (610) 317.j)778 FRANK L. MAJCZAN, JR. ATTORNEY AT LAW 3644 ROUTE 378, SUITE A BETHLEHEM, PENNSYLVANIA 18015 FAX (610)317.j)782 October 15, 2003 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 RE: CITIFINANCIAL SERVICES, INC. vs. JUDITH A. STAFFORD NO. 03-2812 CIVIL TERM Dear Sir/Madam: Enclosed please find for filing in your office an original and one (1) copy of my Certificate of Mailing Notice relative to the above-captioned matter. Kindly return a time-stamped copy of the Certificate of Mailing Notice to me in the enclosed self- addressed, stamped envelope. Should you have any questions, please do not hesitate to contac:t me. N, JR. Enclosures cc: Office of the Sheriff (w/ encl.) () f~ -oC,- n-lr'- -7 --; 0~~"-- ~l ::E:( L(m = -' ~C' ~~ -~~ 8 0.) .::) ," ....... N <::) c) -n , ;.:;-.:: -'~S < j j~~ ~:~~ GT"r; ---I -',:>- CO -< -u r;-;> :J1 .:.- . , YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW VI. ANN S. GREINER, M.D. and WEST SHORE ANESTHESIA ASSOCIATES, LTD. Defendants NO. 03-2612 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 ndtice 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 PHONE: (717) 249-3166 TOLL FREE: (800) 990-9108 YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plain tiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : CIVIL ACTION - LAW vii. ANN S. GREINER, M.D. and WEST SHORE ANESTHESIA ASSOCIATES, LTD. Defendants NO. 03-2612 JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas ade1ante en las siguientes paginas, debe tomar acci6n dentro de Ids pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia esorita 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, e1 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 DESE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE 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 ESIT'A OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 PHONE: (717) 249-3166 TOLL FREE: (800) 990-9108 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. ANN S. GREINER, M.D. and WEST SHORE ANESTHESIA ASSOCIATES, LTD. Defendants NO. 03-2612 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. Defendant Ann S. Greiner, M.D., is a licensed professional with offices located at 502 North 21st Street, Camp Hill, Cumberland County, Pennsylvania. Plaintiff is asserting a professional liability claim against this Defendant. 3. Defendant West Shore Anesthesia Associates, Ltd. is a professional corporation registered at 502 North 21st Street Camp Hill, Cumberland County, Pennsylvania 17011, and is the employer of a licensed professional, namely Defendant Ann S. Greiner, M.D. Plaintiff asserts a professional liability claim against this Defendant. 4. At all times relevant to the Plaintiffs cause of action, Defendant Greiner was the agent, servant and employee of West Shore Anesthesia Associates, Ltd. OPERATIVE FACTS 5. On April 16, 2001, Plaintiffs Decedent (hereinafter referred to as "Decedent") attended an appointment with Defendant Allen Wenger, M.D. where complained of urinary retention. Dr. Wenger prescribed a Foley catheter and a one-week course of Levaquin. 6. On April 20, 2001, Decedent returned to see Dr. Wenger for a follow-up visit, and Dr. Wenger performed a cystourethroscopy which showed lateral lobe prostatic hypertrophy with an obstruction and diffuse cystitis. Dr. Wenger prescribed Augmentin and Flomax. 7. On April 24,2001, Decedent returned to see Dr. Wenger for a follow-up visit that was essentially uneventful. 8. On Apri126, 2001, Decedent returned for a follow-up visit with Dr. Wenger complaining of urine retention and voiding with a decreased stream. Dr. Wenger recommended a transurethral resection of the prostate. 9. A period of about 30 days elapsed while Decedent was treated with medications in order to insure hemodynamic stability prior to surgery. 2 10. On May 31,2001, Dr. Wenger saw Decedent for a follow-up visit and cleared him for surgery. 11. 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. 12. During the surgery, Decedent was given 15 bags of Glycine as an irrigant. 13. Toward the end of the surgery, which lasted approximately 1 hour and 15 minutes, Decedent developed hypotension and hypoxia, with blood pressure dropping from 108/62 at 5:55 p.m. to 90/42 at 6:20 p.m.; Ephedrine was given for hypotension. 14. Toward the end of the surgery the patient was also noted to be restless. 15. At 6:45 p.m. the record shows a decreasing heart rate and very low oxygen saturation level of 60; at that time Defendant Greiner, an anesthesiologist, was called to the operating room to assist in an attempt to ventilate Decedent. 16. At 6:50 p.m., electrolytes were drawn and sent to the lab; lab results showed low calcium 5.4, sodium 94, and chlorides 69. 17. At 7:05 p.m. Decedent's oxygen saturation level was 80; Neosynephrine was given starting at 7: 10 p.m., after which Decedent's blood pressure temporarily improved. 3 18. At 7:30 p.m. Decedent's blood pressure was 70/30. 19. At 7:35 p.m. Decedent's blood pressure was 80/36, with low electrolytes of calcium 5.4, chlorides 69, C02 of 19, and elevated potassium at 6.1. 20. At 7:40 p.m. Decedent's blood pressure was 70/50, with an SAO of 91; 3% Saline IV was started as per Dr. Wenger. 21. At 7:45 p.m. Decedent's blood pressure was 90/46, Mannitol 12.5 mg. given with Versed 2 mg. 22. At 7:50 p.m., blood pressure was 80/32 and Calcium Chloride 500 mg. glven. 23. At 7:55 p.m. blood pressure was 128/80, with SAO of90. 24. At 8:08 p.m., Decedent was discharged from anesthesia care and transferred to the Surgical Intensive Care Unit where he was admitted at 8: 10 p.m. 25. Thereafter, Decedent's vital signs continued to deteriorate until 11 :04 p.m. when Decedent was pronounced dead. 26. At an autopsy performed on June 6, 2001 on the Decedent; the cause of death of Decedent was determined to be excessive bleeding secondary to a four-centimeter ragged laceration through the superior anterior portion of the prostate gland, with numerous lacerations of the bladder and blood in the peritoneum, hemorrhage into the soft tissue, edema in the pelvis, severe pulmonary edema, and hemorrhage around the prostate. 4 COUNT I - SURVIVAL ACTION Medical Negligence and Vicarious Liability 27. Paragraphs 1 - 26 are incorporated herein by reference as if set forth in full. 28. 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. S 8302, and pursuant to 20 Pa.C.S.A. S 3373. 29. At no time during his life did the Decedent bring an action to recover damages for his personal injuries, and no action other than the above- captioned action has been commenced to recover damages for the death of Jerry D. Werner. 30. The death of Decedent was caused solely by the negligence of Defendant Greiner. 31. The negligence of Defendant Greiner consisted of: a. failure to properly supervise CRNA, Susan McClellan; b. failure to warn Dr. Wenger about Decedent's deteriorating condition; c. failing to timely intervene in the surgery involving the Decedent; d. failing to timely warn Dr. Wenger about the Decedent's deteriorating condition; e. failure to recognize and timely treat TURP Syndrome; and 5 f. failing to administer restorative measures to counteract TURP Syndrome. 32. As a direct and proximate result of the negligence of the Defendants, Decedent suffered loss of earnings and earning capacity. 33. Plaintiff claims on behalf of the Estate of Decedent all damages suffered by the Estate by reason of the death of Decedent as well as for pain and suffering and fear of impending death the Decedent experienced prior to his death. 34. 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. 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 35. Paragraphs I - 34 are incorporated herein as if set forth in full. 36. Plaintiff, Yvonne Werner, has the right to bring the following Wrongful Death Action on behalf of the wrongful death beneficiaries under the 6 Pennsylvania Wrongful Death Statute, 42 Pa.C.S.A. S 8301, and pursuant to Pa.R.C.P. 2202(a). 37. No action was brought prior to death of Decedent. 38. 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. Steve:n Werner (Son) 78 Eastfield Drive Lebanon,PA 17042 c. Jeanette Orner (Daughter) 3741 Old Township Road Harrisburg, PA 17111 39. 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. 40. Plaintiff demands payment for all medical bills and/or expenses for medical treatments made necessary by the negligence of the Defendants. 41. Plaintiff further demands payment for funeral and burial expenses. 7 42. 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. ER,P.C. Date: ;Uv.'1. /}(X)3 , By: Charles E. Schmidt, r., Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 717 -232-6300 Attorneys for Plaintiff 8 VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, Yvonne Werner, Individually and as Executrix of the Estate of Jerry 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. 84904 relating to unsworn falsifications made to authorities. /~~~ ONNE WERNER CERTIFICATE OF MERIT AS TO ANN S. GREINER, M.D. AND WEST SHORE ANESTHESIA ASSOCIATES. LTD. 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 defendants 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 defendants 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. submitted, ER,P.C. By: Date: .J(L. 1/dlJ03 Charles E. Schmidt, Jr. ID # 19198 209 State Street Harrisburg, PA 17101 717-232-6300 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 7th 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 Complaint 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, PAl 711 0-09 50 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 Respectfull submitted, , ~ONCA & K I By: Charles E. Sch idt, Jr. I.D.# 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff o C'; "S-. -rJl""' ~?;.- ~;c: ~~::: L' ~;l__- -, . -<: ~) '"-"': '-,""1 (::~l -"1 " I,) ':? .j 1'1 "~ (:0 ~ LAURALEE B. BAKER, ESQUIRE Pa. Supreme Court I.D. No. 58874 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: [717J 975-8114 Fax: [717J 975-8124 E-Mail: Ibaker@margolisedelstein.com Attorney for Defendants: ANN S. GREINER, M.D., and WEST SHORE ANESTHESIA ASSOCIATES, LTD. 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, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 03-2612 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: YVONNE WERNER c/o Charles E. Schmidt, Jr. Schmidt Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW MATTER within twenty (20) days of service hereof, or a default judgment may be entered against you. Date: \\~of Respectfully submitted, MARGOLIS EDELSTEIN By: 0 LEE B. BAKER, ESQUIRE Attorney I.D. No. 58874 Attorney for Defendants, ANN S. GREINER, M.D., and WEST SHORE ANESTHESIA ASSOCIATES, LTD. P. O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 LAURALEE B. BAKER, ESQUIRE Fa. Supreme Court I.D. No. 58874 MARGOLIS EDELSTEIN Post Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: [717] 975-8114 Fax: [717] 975-8124 E-Mail: Ibaker@margolisedelstein.com Attorney for Defendants: ANN S. GREINER, M.D., and WEST SHORE ANESTHESIA ASSOCIATES, LTD. 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 DOCKET NO. 03-2612 v. ANN S. GREINER, M.D., and WEST SHORE ANESTHESIA ASSOCIATES, LTD., Defendants. JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANTS, ANN S. GREINER, M.D., AND WEST SHORE ANESTHESIA ASSOCIATES, LTD., TO PLAINTIFF'S COMPLAINT AND NOW, come Defendants, Ann S. Greiner, M.D., and West Shore Anesthesia Associates, Ltd., by and through their counsel, Margolis Edelstein, and answer Plaintiff's Complaint as follows: 1. Denied. After reasonable investi9ation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth or falsity of the corresponding averment of Plaintiff's Complaint. As such, all allegations are placed at issue and strict proof thereof is demanded at the time of trial. 2. Admitted in part and denied in part. It is admitted that Dr. Greiner is a licensed professional and that she has offices located at 502 North 21': Street, Camp Hill, Cumberland County, Pennsylvania. It is also admitted that Plaintiff is asserting a professional liability claim, however, it is denied that Plaintiff's claim has merit, for at all times relevant hereto, Dr. Greiner complied with the standard of care applicable under like circumstances. 3. Admitted in part and denied in part. It is admitted that West Shore Anesthesia is the employer of Dr. Greiner. As to the remainder of the allegations set forth in this paragraph of Plaintiff' Complaint, the answer to paragraph #2 is incorporated herein by reference as though set forth fully at length. 4. Admitted. OPERATIVE FACTS 5-10. Denied. Answering Defendants are advised by counsel that the corresponding averments of Plaintiff's Complaint are directed towards other health care providers, and not towards Answering Defendants. By way of further response, the medical records regarding Plaintiff's Decedent speak for themselves. And finally, the corresponding allegations of Plaintiff's Complaint are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 11. Admitted in part and denied in part. It is only admitted that on June 5, 2001, Plaintiff's Decedent was taken to the operating room at Holy Spirit Hospital. As to the remainder - 2 - of the allegations in the corresponding paragraph of Plaintiff's Complaint, they are specifically denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. 12-25. Denied. The corresponding averments of Plaintiff's Complaint are generally denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the tinle of trial. Further, the medical records from Holy Spirit Hospital speak for themselves regarding the care and treatment rendered to Plaintiff's Decedent. 26. Admitted in part and denied in part. It is admitted that an autopsy was performed on June 6, 2001. The remainder of the allegations contained in the corresponding paragraph are denied pursuant to Pa.R.C.P. 1029(e) and strict proof thereof is demanded at the time of trial. COUNT I - SURVIVAL ACTION Medical Negligence and Vicarious Liability 27. The foregoing paragraphs are incorporated herein by reference as though set forth fully at length. 28-29. Denied. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth or falsity of the corresponding averment of Plaintiff's Complaint. As such, all allegations are - 3 - placed at issue and strict proof thereof is demanded at the time of trial. 30. Denied. The corresponding paragraph of Plaintiff's Complaint sets forth a conclusion of law which is deemed to be denied by operation of law, and accordingly, no response is required. It is further specifically denied that the death of the Decedent was caused by the negligence of Defendant, Dr. Greiner. To the contrary, at all times relevant hereto, Dr. Greiner provided care and treatment to Plaintiff's Decedent that was commensurate with the standard of care applicable under like circumstances. It is further specifically denied that any conduct on the part of Dr. Greiner in any way caused or was a substantial factor in causing injury to Plaintiff's Decedent. 31. Denied. The corresponding paragraph of Plaintiff's Complaint sets forth a conclusion of law which is deemed to be denied by operation of law, and accordingly, no response is required. It is further specifically denied that Dr. Greiner was negligent. To the contrary, at all times relevant hereto, Dr. Greiner provided care and treatment to Plaintiff's Decedent which was commensurate with the standard of care applicable under like circumstances. It is further specifically denied that Dr. Greiner was negligent with the following: a. failure to properly supervise CRNA, Susan McClellan; - 4 - b. failure to warn Dr. Wenger about Decedent's deteriorating condition; c. failing to timely intervene in the surgery involving the Decedent; d. failing to timely warn Dr. Wenger about the Decedent's deteriorating condition; e. failure to recognize and timely treat TURP syndrome; and f. failing to administer restorative measures to counteract TURP syndrome. 32-34. Denied. The corresponding paragraphs of Plaintiff's Complaint set forth conclusions of law which are deemed to be denied by operation of law, and accordingly, no response is required. By way of further answer, at all times relevant hereto, Dr. Greiner provided care and treatment to Plaintiff's Decedent which was commensurate with the standard of care applicable under like circumstances. As to the remainder of the claims set forth in the corresponding paragraphs of Plaintiff's Complaint, after reasonable investigation Answering Defendants are without sufficient knowledge or information to form a belief as to the truth or falsity of the corresponding averment of Plaintiff's Complaint. As such, all allegations are placed at issue and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants, Ann S. Greiner, M.D., and West Shore - 5 - Anesthesia Associates, Ltd., demand judgment in their favor and against Plaintiff. COUNT II - Wrongful Death Action Medical Negligence and Vicarious Liability 35. The foregoing paragraphs are incorporated herein by reference as though set forth fully at length. 36. Denied. The corresponding paragraph states a conclusion of law which is deemed to be denied by operation of law, and accordingly, no response is required. The corresponding paragraph is further denied in accordance with Pa.R.C.P. l029(e) 37-38. Denied. After reasonable investigation, Answering Defendants are without sufficient knowledge or information to form a belief as to the truth or falsity of the corresponding averment of Plaintiff's Complaint. As suc~, all allegations are placed at issue and strict proof thereof is demanded at the time of trial. 39-42. Denied. The corresponding paragraphs of Plaintiff's Complaint set forth a conclusion of law which is deemed to be denied by operation of law, and accordingly, no response is required. It is further specifically denied that Plaintiff's claims for payment are caused by any conduct of Answering Defendants. To the contrary, at all times relevant hereto, Answering Defendants provided care and treatment to Plaintiff's Decedent which was commensurate with the standard of care - 6 - applicable under like circumstances. NEW MATTER 43. The foregoing paragraphs are incorporated herein by reference as though set forth fully at length. 44. Plaintiff's Complaint fails to state any claim upon which relief can be granted as against Answering Defendants. 45. To the extent currently applicable, or to the extent that it can later become applicable, Answering Defendants plead the statute of limitations to preserve this affirmative defense for the record. 46. At all times and for all purposes material to the events set out in Plaintiff's Complaint, Dr. Greiner acted appropriately in providing care and treatment to Plaintiff's Decedent, which was commensurate with a standard of anesthesiology applicable under similar circumstances. 47. At all times and for all purposes material to the events described in Plaintiff's Complaint, Dr. Greiner followed the teachings, practices and precepts of a respected school of thought followed by a considerable number of practicing anesthesiologists and, accordingly, her professional conduct was fully commensurate with an applicable standard of care. 48. To the extent that discovery or the evidence at trial may establish that the Plaintiff's Decedent was negligent and - 7 - that such negligence caused or contributed to cause the injuries and damages of which plaintiff complains, Answering Defendants expressly reserve the right to assert the affirmative defense of contributory/comparative negligence and/or assumption of risk. 49. To the extent that Plaintiff's Decedent sustained any injury or damage as alleged in Plaintiff's Complaint, which is specifically denied, Answering Defendants aver that any such injury or damage was the result of the acts or omissions of third parties for whom Answering Defendants are ~n no way liable. 50. To the extent that Plaintiff's Decedent sustained any injury or damage as claimed in Plaintiff's Complaint, Answering Defendants in no way negligently or otherwise caused or contributed to cause any such injury or damage. 51. Plaintiff's allegations of negligence as against Answering Defendants are without reasonable basis in fact or medicine and may constitute an abuse of civil process. 52. Answering Defendants hereby assert and incorporate by reference any and all defenses which may be available to them under the Pennsylvania Health Care Services Malpractice Act, 40 P.S. s1301.101, et ~. 53. The injuries and damages claimed by Plaintiff are the natural and progressive result of the Plaintiff's Decedent's medical condition, and not the result of any negligence by Answering Defendants. - 8 - 54. Answering Defendants raise all affirmative defenses of the Medical Care, Availability and Reduction of Error (MCARE) Act (a/k/a Act 13 of 2002), 40 P.S. 31303.101, et seq., as a limit/bar to Plaintiff's claims. Respectfully submitted, MARGOLIS EDELSTEIN Date: I/n/CI~ , I BY:~_fZ/ U LEE B. BAKER, ESQUIRE PA. Attorney I.D. No. 58874 Attorney for Defendants, ANN S. GREINER, M.D., and WEST SHORE ANESTHESIA ASSOCIATES, LTD. P. O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 - 9 - VERIFICATION I, ANN S. GREINER, M.D., have read the foregoing ANSWER WITH NEW MATTER OF DEFENDANTS, ANN S. GREINER, M.D., AND WEST SHORE ANESTHESIA ASSOCIATES, LTD., TO PLAINTIFF'S COMPLAINT, which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: \rf~ ?J.. L-OO~ ~, X. J~ ANN S. GREINER, M.D. V\<!) VERIFICATION I, ANN S. GREINER, M.D., as an Officer of WEST SHORE ANESTHESIA ASSOCIATES, LTD., have read the foregoing ANSWER WITH NEW MATTER OF DEFENDANTS, ANN S. GREINER, M.D., AND WEST SHORE ANESTHESIA ASSOCIATES, LTD., TO PLAINTIFF'S COMPLAINT, which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date:'Qo 2-10 L.OU1l.- ~ jJf~~ ANN S. GREINER, M.D. V'viD CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing ANSWER WITH NEW MATTER OF DEFENDANTS, ANN S. GREINER, M.D., AND WEST SHORE ANESTHESIA ASSOCIATES, LTD., TO PLAINTIFF'S COMPLAINT on all counsel of record by placing the same in the United States mail/:: Camp Hill, ..p~rnSY1Vania, first- class postage prepaid, on the...,! 7$day o~~' J </~, t/ 2004, and addressed as follows: Charles E. Schmidt, Jr. 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 By:~Rg),~::; ~ ~n E. Nelson, Secretary 0/ n c -_~I~ ~~jr-8 0.";;; ~(~ .....,.- ~:cJ 5-.;, () c z ~ "" = = ..c- ~ 5!~ n,~ r- -oITf B? ::;:19- oi!J iSm --t ~ <- :r_ :z w o " :x N .. Ul ..- 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. ANN S. GREINER, M.D. and WEST SHORE ANESTHESIA ASSOCIATES, LTD. Defendants NO. 03-2612 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS ANN S. GREINER, M.D. AND WEST SHORE ANESTHESIA ASSOCIATES AND NOW comes the Plaintiff, by her attorneys, Schmidt, Ronca & Kramer, P.C., who files the following Reply to New Matter: 43. Paragraph 43 requires no responsive pleading. 44. Paragraph 44 contains a conclusion of law to which on response is required. 45. Denied. Plaintiffs Complaint was timely filed based upon the date of the act of malpractice, all as more particularly set forth in Plaintiffs Complaint. 46. Denied. Paragraph 46 is specifically denied for reasons more particularly set forth in Plaintiffs Complaint. 47. Denied. It is specifically denied that Dr. Greiner followed the teachings, practices and precepts of a respected school of thought for reasons more particularly set forth in Plaintiffs Complaint. 48. Denied. It is specifically denied that the doctrines of contributory / comparative negligence or assumption of risk apply to this case as a matter oflaw. 49. Denied. It is believed and averred that the Defendant had a duty to supervise the attending nurse anesthetist, all as more particularly set forth in Plaintiffs Complaint. 50. Denied. Paragraph 50 is denied for reasons set forth in Plaintiffs Complaint. 51. Denied. A valid Certificate of Merit has been filed by the Plaintiff. In addition, abuse of process cannot be raised as an affirmative defense as a matter of law. 52. Paragraph 52 does not require a responsive pleading. 53. Denied. The death of Plaintiffs decedent was the result of the negligence of the defendants, all as more particularly set forth in Plaintiffs Complaint. 54. Paragraph 54 does not require a responsive pleading. submitted, ER,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: 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. 84904 relating to unsworn falsifications to authorities. RespectfullY,~ubmitted, SCHMIDT IWNCA & K / ) ~- ~-_!~ / ' Li/'..:> By: Charles E. Schmidt, Jr., Esquire Attorney l.D. #19198 209 State Street Harrisburg, PA 17101 717-232-6300 Attorneys for Plaintiff Date: CERTIFICATE OF SERVICE AND NOW, this 4th day of January, 2004, 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: Lauralee B. Baker, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 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 Respectfully submitted, By: Charles E. Schmidt, Jr. I.D.# 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff " c ~ ;:R C(} ~~i~V 0}.-: ~~L~ !f.C) ~:.~.(, :Pc ~ ...... "" = -- ..., f"T1 co I U1 ." :3: ~ c:> U1 o " ~ .,,:0 -nhl S~ a:rl --0 am --I 15 -< 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 MAR 0" 2llO4 '\Y' : 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 ORDER AND NOW, this ~day of ~, 2004, upon review of Plaintiffs Motion to Consolidate, it is hereby ORDERED that the above- referenced actions be consolidated in accordance with Pennsylvania Rule of Civil Procedure 213(a). ~~ riA q'~ ~ 0:"\ ,~'",. 1\' ,"--:,.:\j', "./,,;:'1,J 1'_ l' I \l"'~1 ,rnz G';':' :-;" 'J C 1 ,~,/l 'lJl< D YVONNE WERNER, INDIVIDUALL Y 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, INDIVIDUALL Y AND AS EXECUTRIX OF THE: ESTATE OF JERRYD. 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 JERRY D. WERNER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LA W NO. 04-557 CIVIL TERM * * * * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW / NO. 03-2612 CIVIL TERM * * * * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW \~: ':"1.._ A.l'\;, _ 1(::) L ~ ; II, r."i,') n' J 01.1 ;'N'Z _ -.. \..,.' f i ~." j"'i ,;;;." ;\~'7~(~;',.,J;":.L(~::1 3 ~~l :fO 3~:;; :~~: \}-~J ~J 1 tj HOL Y SPIRIT HOSPITAL a/k1a 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 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. BY THE COURT, ~7 If~!! J. esley Oler, Jr., J. L.J2harles E. Schmidt, Jr., Esq. 209 State Street Harrisburg, P A 17101 Attorney for Plaintiff ~uralee B. Baker, Esq. P.O. Box 932 Harrisburg, PA 17108-0932 ? l{r~ ~ 1/-10 ~O i ~nnifer M. Kirschler, Esq. Two PPG Place Suite 400 Pittsburgh, P A 15222-5402 ,1\ Aaig A. Stone, Esq. 3401 N. Front Street Harrisburg, P A 17110-0950 ;Evan 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 $ : 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 ajkj a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, CRN, Defendan ts : 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, 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 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 ajkj a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY HOLY SPIRIT HEALTH SYSTEM, And SUSAN McCLELLAN, CRN, Defendan ts : .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., 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, 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 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 Attomey 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, . SCHMU/r, RpNC KRfMER, P.C. f i-I ~/.r By: ~ / r~ Charles E. Schmidt, lr~, Esquire Attomey J.D. #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. Respectfu : submitted, SCHMI T, RONCA & ~ER, P.C. . nr~" Yvl,;~~ By: Charles E. Schmidt, Jr., Esquire Attorney J.D. # 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. ~4904 relating to unsworn falsifications to authorities. NCA & K-RAf"ER, P.C. .tlsJA By: Charles E. Schmidt, Jr. 209 State Street Harrisburg, PA 17101 Attorney J.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 '1-;' (') (; r-..) c:::l c_~ ..c- -lP" (:5 ...c: I ,J::- o -n .--i 'I.,., rnp -orn :oS? 00 ---i '.1~1 - '- ..) ;:--)7" ~">" ~ ") ',;,';:on'! ~~ J.[j ':.< ~ ::~ co N I ~ SCHMIDT, RONCA & KRAMER, P.C. BY: CHARLES E. SCHMIDT, JR., ESQUIRE to. #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 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, eRN, 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, I SCHMID'f, RONCA & KRAMER, P.C. I ., ! fr \ LCi ~~J7 /1 DaC" 111~J';Z, 2ws;- I , By Charles E. Schmidt, Jr., Esquire Attorney l.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 ER,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: C) n -~'h .--1 --,- \.!.:J r<l -- . 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 ~ RECEIVED MAY 202005 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, 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, INDNIDUALLY 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 CNIL ACTION - LAW NO. 03-2464 JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 1- ~ 8-- day of VVI :) l ' 2005, IT IS HEREBY ORDERED AND DZ;REED that a Status Conference has been scheduled in Chambers on PJ;21 ,20 0':>, at /:30 ,LM. yfof r t, J r-t r~ t\ ~ ~< . ~ ~ ...fJ . ~ r ~~ ~ .:() 12 :<' 1'1 I - \" " ," .. " _':)1' ~;'D' 7 ." f ..d' <J :IG 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, ANN S, GREINER, M.D., And WEST SHORE ANESTHESIA ASSOCIATES, LTD., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 04-557 CIVIL TERM 'It * 'It * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2612 CIVIL TERM **** YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff v. HOLY SPIRIT HOSPITAL a/k1a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HEALTH SYSTEM, and SUSAN McCLELLAN, CRN, Defendants AND NOW, this -z.."1 - have this case mediated. vtharles E. Schmidt, Jr., Esquire 209 State Street Harrisburg, PA 17101 Attorney for Plaintiff ~uralee B. Baker, Esquire P,O. Box 932 Harrisburg, PA 17108-0932 ~nnifer M, Kirschler, Esquire Two PPG Place Suite 400 Pittsburgh, PA 15222-5402 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2464 CIVIL TERM ORDER OF COURT day of July, 2005, the parties are ordered to rlaig A. Stone, Esquire ihris Reeser, Esquire 3401 N. Front Street Harrisburg, PA 17110-0950 Evan Black, Esquire 305 N, Front Street P.O. Box 999 Harrisburg, PA 17108 :sal .,.. q;. ~:;::-: 'r.~ ~~~~ iF, ,->",-' ,. ..' (S",:: -1 _. D;>~:' LWt~- ,:;~l'\ \-l-::c' ,- ll... o I.D cO 9 cO ('.J '~~~ l-g ,-:;:.';;) ,-..l :>- tr~~' ) () " 17 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. ANN S. GREINER, M.D" And WEST SHORE ANESTHESIA ASSOCIATES, L TO" Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 **** YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW HOLY SPIRIT HOSPITAL a/kla HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, HOLY SPIRIT HEALTH SYSTEM, and SUSAN McCLELLAN, CRN, Defendants NO. 03-2464 CIVIL TERM ORDER OF COURT AND NOW, this Z1 day of July, 2005, as a result of a case management conference, IT IS ORDERED: (1) All depositions will be completed by October 31,2005, (2) An expert report of the plaintiff shall be exchanged by November 30, 2005, (3) All defense expert reports shall be exchangEld by January 21, 2006, (4) All rebuttal expert reports shall be exchanged by February 28,2006, (5) Counsel are attached for a trial to commence on Monday, June 12, 2006, at Edgar 13. Bayle, . 9:30 a.m. By the ,~- (( -- / :::.~. ,iJ (~. Ln. .. ~-" C) 1"\ ~'-;: Z(~: , .. , .. 'j' , C'i,) (~j,E:: {-'..,J dtU -' LL. -T'~ ~~) ~ -, , 1I_ l-r~' "-''; c:;.,;.~ G 0 (~;, ,-.. 11 "-.. Charles E, Schmidt, Jr., Esquire 209 State Street Harrisburg, PA 17101 Attorney for Plaintiff Lauralee B. Baker, Esquire P,O. Box 932 Harrisburg, PA 17108-0932 Jennifer M. Kirschler, Esquire Two PPG Place Suite 400 Pittsburgh, PA 15222-5402 Craig A. Stone, Esquire Chris Reeser, Esquire 3401 N. Front Street Harrisburg, PA 17110-0950 Evan Black, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Court Administrator :sal 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, 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 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 PtEA3"; ~~ : CUMBERLAND COUNTY, PEN1\iSYLVANIPi!_n : CIVIL ACTION - LAW ';; t,1 i' : DOCKET NO. 03-2612 A '~: ., ;':? ,- .~~ 1'\ " , L" : JURY TRIAL DEMANDED : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DOCKET NO. 03-2464 : JURY TRIAL DEMANDED 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, Jf., Esquire, Schmidt, Ronca & Kramer, P,c., 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. 0, 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 Februarv 20, 2006 Date Shaun r. 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 prepaid, on the.:-:'u d day 6f .....;~j~......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, 0, Box 999 Harrisburg, PA 17108-0999 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street p, 0, Box 5950 Harrisburg, P A 17110-0950 Joseph S.D. Christof, II, Esquire Dickey, McCamey & Chilcoate 2 PPG Place - Suite 400 Pittsburgh, PA 15222-5402 MARGOLIS EDELSTEIN, '\ . ...------, ..' --9 Bl /:",ij,r (;;; T:.'~-C P-7' ~ .' .. JoXnn E, Nelson, Secretary 1 ; .~ '1 i~? ~z,L.-- " 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 ------~------------------------------------------------------------------------------.-----------------------.-------- : 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 : CT JMBERLAND COUNTY, PENNSYL VANIA : CIV1L 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, a/k/a HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRTSTJJ\N CTIAR'TY 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., L 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. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DOCKET NO. 04-557 ------------------------.---------------------------.----------------------------------------------------------------- : JURY TRIAL DEMANDED YVONNE WERNER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JERRYD. 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 - 2 - 1 I ONCA & . MER, P,C. ? By: Charles E, Schmidt, Jr., Esquire Attorney for Plaintiff 209 State Street Harrisburg, PA 17101 Date: Otaj-L(p+-cXOO ~ , By: 12- : Lauralee B, B er, Esquire Attorney for efendant, Ann S. Grein r, M.D. 3510 Trindle Road Camp Hill, PA 17011 Date:___ 3/,)7 /c 6 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 Black, Esquire Attorney lor Defendants, Allen S. Wenger, M.D., and Mid Penn Urology, Inc. 305 North Front Street P. 0, Box 999 Harrisburg, PA 17108-0999 Date: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Craig A. Stone, Esquire Attorney for Defendams, 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 Dnte: D3te:___ 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 Byf:[QJb Evan Black, Esquire Attorney for Defendants, Allen S, Wenger, M,D" and Mid Penn Urology, Inc, 305 North Front Street P. 0, 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: '}. I).. . 05 Date: - 3 - fER, p,c. 7 By: Charles E. Schmidt, Jr., Esquire Attorney for Plaintiff 209 State Street Harrisburg, PA 17101 Date: {jl~~+-000-S:" MARGOLIS EDELSTEIN By: Lauralee B, Baker, Esquire Attorney for Defendant, Ann S, Greiner, M,D, 3510 Trindle Road Camp Hill, PA 17011 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 Bla(;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, COLE NOGGIN By: Craig ,St 'e,_ q re Attorney for,De endants, Holy Spirit 'ospital a/k/a Holy Spirit Hospital of e Sisters of Christian Charity Hal Spirit Health System, P. Henderson, RN, and C. Scott, RN 4200 Crums Mill Road, Suite B Harrisburg. PA 17112 Date: -3 \ 2-\ D~ - 3 - DICKEY, McCAMEY & CHILCOATE By: Jo e h Je n fe M, Kirschler, Esquire Attorneys for Defendant, Susan McClellan, CRN 2 PPG Place - Suite 400 Pittsburgh, PA 15222-5402 fuJ~, Date: l & dOCS I '~1~: .' - 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~//" 0day of, follows: -" .,." ., : _<t.A-4 ....,; ,2006, and addressed as 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. 0, 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, McCarney & Chilcoate 2 PPG Place - Suite 400 Pittsburgh, PA 15222-5402 MARGOLIS EDELSTEIN . --I k"/" - ~; . /) -;' ... ,. C ;' (/ By':'---<7/ h ~" .' /~? - JoAnn E. Nelson. Secretary \\. ~ ,. '-. ;z ,- <:: , ., '-' - "~,, '" " ( > <'- (') c- t-' o -n -\ T i;i r,c) _! c....", OJ . SCHMIDT, RONCA & KRAMER, P.C, BY; CHARLES E. SCHMIDT, JR, ESQUIRE LD. #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, 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 I **************************************************************************************** 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 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. 121( By: Charles E. Schmidt, Jr., Esquire Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff Date: /lJ4' .;Z~, oZ,o()fo 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. Date: ft\"I'~:'J ;UlO~ By: Charles E, Schmidt, Jr., Esquire Attorney LD. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff \ ! I Y, ,. ,)L 4 ~,-) C') ~ 1 'I _-1 ~1~ i\'~ -'q r,,') -~ 0'; r<) l::'" 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. l~~2(-'E<!\lSD-- AAR 2 7 i70~~ g;y;-----{ : IN THE COURT OF COMMON PI,EAS (,";') : CUMBERLAND COUNTY, PENNSYLVANIA ~ : CIVIL ACTION - LAW : DOCKET 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, 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 l81Lday of --i,llA6I (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: /P'~ 91b-;'~ 1;, :iJ1rf..OJ1"l '1'}r"l/.J/ rJ"u"4;',d .( C(,L,,-v;'B"~ 2 ..") 1~ () (/ J'""" ,'" ,,'1 _: t,..... O I 7 "d I -, ""I' c'''7 I :IJ /i~ L(. ~'j';t* '));U-.. AlJi;" ~~', , ~ SCHMIDT. RONCA 11& KRAMER, P.C. BY: CHARLES E. SCHMIDT, JR, ESQUIRE J.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, 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.03-26l2 / **************************************************************************************** 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 i PRAECIPE TO RETAIN ATTACHMENT FOR JUNE 12. 2006 CIVIL TRIAL TO: PROTHONOTARY Pursuant to Order of the Honorable Edgar Q, 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 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, SCHMID, ONC & KRAMER, P.C. By Chad" P~,~!2~~,qUi" Attorney I.D. # 19198 209 State Street Harrisburg, PAl 710 1 (717) 232-6300 Attorneys for Plaintiff Date: 3/27/06 >(,~ .") C"J .: ,) (,,;. 0:. ...... 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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, INDIVIDUALLY AND AS EXECUTRIX OF THE: ESTATE OF JERRY D. WERNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 31st day of March, 2006, upon consideration of Plaintiff's 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, .Ir., Esq. 209 State Street Harrisburg, PA 17101 Attorney for Plaintiff I.! X:.. ;/.1 v d . - Lauralee B. Baker, Esq. P.O. Box 932 Harrisburg, P A 17108-0932 Jennifer M. Kirschler, Esq, Two PPO Place Suite 400 Pittsburgh, PA 15222-5402 Craig A. Stone, Esq. 4200 Crums Mill Road, Suite B Harrisburg, P A 17110 Evan Black, Esq. 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 :rc /Lt,tUC4 fvt...,<<.L~-d ~" ~ S:li(, /) '--I"" YVONNE WERNER, INDlVIDUALL Y AND AS EXECUTRlX OF THE: ESTATE OF JERRY D. WERNER, Plaintiff v. ALLEN S. WENGER, M.D. and MID PENN UROLOGY, INC., Defendants YVONNE WERNER, INDlVIDUALL Y AND AS EXECUTRlX 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 OF CUMBERLAND COUNTY, PENNSYLVANIA 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 * * * * / r '" .! <' , \.\ {-) \' ." ,. " -' .[:,\. . 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 OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW 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, ~rles E. Schmidt, If., Esq. 209 State Street Harrisburg, PA 17101 Attorney for Plaintiff ~ BY THE COURT, '":.. .~alee B, Baker, Esq. P,O. Box 932 Harrisburg, P A 17108-0932 ~fer M. Kirschler, Esq, Two PPG Place Suite 400 zrgh, PA 15222-5402 Craig A. Stone, Esq, 4200 Crums Mill Road, Suite B Harrisburg, P A 17110 ~lack, Esq. 305 N. Front Street P,O, Box 999 Harrisburg, P A 17108 :rc . ATTORNEYS AT LAW ~ THOMAS, THOMAS & HAFER LLP 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] 7, 2006 The Honorable J. 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, ;rhomas and Hafer, LLP CZJrji ~ Eva~ B'h;;-J EB/jlw: Cc: Charles Schmidt, Esquire Jennifer M, Kirschler, Esquire Craig A. Stone, Esquire . n 1,",:,r !,,\,? \ ) iUUO 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 I' SCHMIDT, RONCA III KRAMER, P.C. 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, 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. 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 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, Date: 5/4 / O~ SCHMI ER, P.C. 3 fXhi bi + A 1'- ,;7jo~;.:.~.~~~1~!..~G~t~:~:..~ic:~:;;:.-t~~~~>",,:.,:'''r.:~tlr_.....--.-.-.. ~.u~~ --.. ....~-~~..~"'~ -- ...-vr.""1f"'lii WHEREAS, on dated October was admitted to -, -......-..-....., "'''.lCE Register of Wills of YORK County, Pennsylvania Certificate of Grant of Letters No. 6701-01554 ESTATE OF WERNER JERRY D (LA:::i'!' , !"l.KtiT, Ml.LJUL~) Late of NEWBERRY TOWNSHIP :t:UK.K CUU.NT:t:, Deceased Social Security No. 208-26-7604 day of November the 2nd 25th 1995 probate as the last will of WERNER JERRY D (l..&AtiT, !"l.KtiT, J.V1l.UUL~) 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 C.JACOBS , 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. -~~~lilS 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.,,::JL.' [",-11/' -,r ..J! (:)<' , 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. 9Q116{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. 98302; 72 P.S. 999106, 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 / survival action. Sincerely, ~.l,tv\t(' --L.;t'i)~t Holly A. McClintock Trust Valuation Specialist PHONE: 717-787-1794 . FAX: 717-783-3467 . EMAJl: hmcclintoc@state.oa.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. By: L(( ...c~ >- Charles E. Schmidt, Jr. 209 State Street Harrisburg, PA 17101 Attorney I.D. #19198 (717) 232-6300 Attorney for Plaintiff SCHMI DATE: ... . . 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, SCHMI Date: ,l:) I L{ / 0 C, By: Charles E. Schmidt, r., Esquire Attorney I.D, # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Petitioner (') "'-> 0 = ~ c:::> ." c::r- ~ :::;:: ~i "TIll) n1rn ::tJoo Z:.:V -< zr t ~ .. (/) :r: Ul 0 -< r ~:rl ~ " "~'.:'--~' :x ~~ "'-.0 );C -,. ~ ~ U'1 CD -< - , SCHMIDT, RONCA & KRAMER, P,C. BY: CHARLES E, SCHMIDT. JR., ESQUIRE I.D, #19198 209 Stale 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, 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 - ... , 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 ;I; 31,109.52 $308,890.48 TOTAL DUE YVONNE WERNER WITNESS: ~ / C/~__ &-/~~~./ . 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.Q, 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 Harris burg, PAl 71 08 Jennifer M, Kirschler, Esquire Dickey, McCamey & Chilcote Two PPG Place, Ste. 400 Pittsburgh, PA 15222-5402 Date: fYl'J :;j J JODt., Respectfully submitted, /--"; I SCHMluD;. ~O; \ A & (7\ j ':\/ '" - (: \j ( '" ,( BY.. ,-< ,j Charles E. Schmidt, J ., Esquire Attorney J.D. #19198 209 State Street Harrisburg, PAl 710 1 (717) 232-6300 Attorneys for Plaintiff - ,...., 0 ,"" ,~ -n ~ :x 1......, J:;""" rn--- ....: -o~, N ~,9Y .v- {::::-~Cl -0 ~'~: -~~.!\ ~- \::;(~j .,.;" -;:;;)1\1 (' f9 "" :2 r- ~ Cl ORDER AND NOW this l..e,tL day of~, 2006, upon consideration of Plaintiffs Petition for Court Approval of Settlement anti afteI a l.lca:ring on saia... P~n, 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: J. ~Olf\f!..-I ~I# f~o~ , if iJ'lt cPltJ Off1c& ~30I!) Co, pIX ('p."Ii'~ ~