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Home My WebLink About03-2895TIMOTHY & ROSELLA MYERS, : Plaintiffs : HOLY SPIRIT HOSPITAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 03'~v9~~ CIVILTERM NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAVVYER AT ONCE. IF YOU DO NOT HAVE A LAVVYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 or (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or heating. TIMOTHY & ROSELLA MYERS, : 1N THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA HOLY SPIRIT HOSPITAL, Defendant : CIVIL ACTION - LAW : : NO. 0_'-1 ~ 2/ o~95'~ CIVIL COMPLAINT AND NOW COMES, Timothy and Rosella Myers, husband and wife, by and through their attorney, Karl E. Rominger, Esquire, of the law firm of Rominger and Bayley, and avers as follows: 1. Plaintiff Timothy Myers is an adult individual whose mailing address is 145 A 52nd Street, Dillsburg, York County, Pennsylvania 17019. 2. Rosella Myers is an adult individual whose mailing address is 145 A 52nd Street, Dillsburg, York County, Pennsylvania 17019. 3. Holy Spirit Hospital is believed to be a Pennsylvania corporation doing business at 503 North 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011-2288. 4. On or about August 6, 2002, Timothy and Rosella Myers took their minor child, Nathaniel Eugene Myers, to the Holy Spirit Hospital Emergency Room. 5. Plaintiffs' child had fallen ill and they were seeking professional services in the Emergency Room to have the child cared for. 6. Upon information and belief the doctors, nurses or other employees of Holy Spirit Hospital used silence and/or subtrefuge to delay Plaintiffs' departure. 7. Plaintiffs decided to take their child to another facility and/or to leave the premises. 8. Plaintiff, Timothy Myers took the child and left Holy Spirit Hospital. 9. Agents of the Holy Spirit Hospital, including security guards or other employees, of Holy Spirit Hosptial, physically assaulted Plaintiff Timothy Myers in the parking lot. 10. Said individuals grabbled, touched, hit, struck or otherwise landed blows upon Plaintiff Timothy Myers. 11. At no time were the agents or employees of Holy Spirit Hospital privileged to do so, and at no time was contact consensual. 12. Plaintiffs were then further detained at Holy Spirit Hosptial. COUNT I TIMOTHY MYERS v. HOLY SPIRIT HOSPITAL ASSAULT AND BATTERY 13. Previous paragraphs are incorporated by reference. 14. The individuals who touched, hit, grabbled and otherwise struck Plaintiff Timothy Myers were at all times relevant, employees actions in the scope of their employment with Holy Spirit Hospital. 15. Holy Spirit Hospital is directly and/or vicariously liable for their actions. 16. As a result of the strikes and blows, Plaintiff Timothy Myers suffered physical injury, emotional distress, pain and suffering and a shock to his body and nervous system in amounts and extents for which compensation is sought and will be proven at trial. 17. The conduct of the employees of Holy Spirit Hospital was outrageous and wanton and shocks the conscience. 18. The conduct of Defendant and Defendant's employees was willful and intentional and undertaken on behalf of the employer Holy Spirit Hospital, and as such punitive damages are appropriate. WHEREFORE, Plaintiff respectfully requests this Honorable Court award compensatory damages in the amount in excess of the statutory limits of compulsory arbitration, along with punitive damages, costs, attorney's fees and interest. COUNT II TIMOTHY AND ROSELLA MYERS v. HOLY SPIRIT HOSPITAL FALSE IMPRISONMENT 19. Previous paragraphs are incorporated by reference. 20. Holy Spirit Hospital and Holy Spirit Hospital employees used subtrefuge and silence to initially detain Plaintiffs in the Emergency Room and/or hospital premises. 21. Defendant and Defendant's employees used strikes and blows, along with physical grappling to detain Plaintiff Timothy Myers on hospital premises. 22. As a result of the use of force upon timothy Myers, Timothy and Rosella Myers were further detained out of fear and did not feel free to leave because of the actions of Defendant and Defendant's employees. 23. Defendant and Defendant's employees were not privileged to detain Plaintiffs. 24. Plaintiffs were falsely imprisoned by the actions of Defendant and Defendant's employees. 25. The conduct of the employees of Holy Spirit Hospital was outrageous and wanton and shocks the conscience. 26. The conduct of Defendant and Defendant's employees was willful and intentional and undertaken on behalf of the employer Holy Spirit Hospital, and as such, punitive damages are appropriate. 27. Plaintiff Timothy Myers suffered physical injury, emotional distress, pain and suffering, and shock to the body and nervous system in amounts and extents for which compensation is sought and will be proven at trial. 28. As a result of the strikes and blows to Timothy Myers, and her false detention, Rosella Myers suffered emotional distress, pain and suffering, and shock to the body and nervous system in amounts and extents for which compensation is sought and will be proven at trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court award compensatory damages in the amount in excess of the statutory limits of compulsory arbitration, along with punitive damages, costs, attorney's fees and interest. Date: Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: Timothy Myers, ~laint~ff u - Date: IN THE COURT OF COM~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY & ROSELLA MYERS, Plaintiffs, CIVIL ACTION - LAW No. 03-2895 CIVIL TERM HOLY SPIRIT HOSPITAL, Defendant. PRAECIPE FOR APPEARANCE Filed on behalf of: HOLY SPIRT HOSPITAL, Defendant. Counsel of Record for this Party: Wilbur McCoy Otto, Esq. Pa. I.D. %01524 DICKIE, MCCAMEY AND CHILCOTE Firm %067 Two PPG Place, Suite 400 Pittsburgh, PA 15222 (412) 281-7272 PRAECIPE FOR APPEARANCE TO: Cumberland County Prothonotary KINDLY ENTER our Appearance for ]Defendant, HOLY SPIRT HOSPITAL. DICKIE, McCAMEY & CHILCOTE BY: ~ WilbUr McCoy Otto, Esq. Attorney for Defendant(s) JURY TRIAL DEMANDED ~ c~ 0 SHERIFF'S RETURN - REGULAR CASE NO: 2003-02895 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS TIMOTHY ET AL VS HOLY SPIRIT HOSPITAL RICHARD SMITH , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE HOLY SPIRIT HOSPITAL DEFENDANT , at 1150:00 HOURS, at 503 NORTH 21ST STREET CAMP HILL, PA 17011 DONNA HOTHAM, ADMIN SEC, a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 24th day of June the , 2003 by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this 30 ~ day of ,~ ~ A.D. Prothonotary So Answers: R. Thomas Kline 06/25/2003 ROMINGERBy: ye~uty Sheriff