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SUSAN W. BATES and
THOMAS L. BATES, SR.,
Husband and Wife,
Plaintiffs
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.
cjf'` .303.x- c 4PLL-,
CIVIL ACTION - LAW
KAREN GEIGLE and
PINNACLE HEALTH SYSTEM,
Defendants JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue a Writ of Summons against the following Defendant:
Karen Geigle
Pinnacle Health System
Risk Management Department
17 South Market Square
P. 0. Box 8700
Harrisburg, PA 17105-8700
2. Pinnacle Health System
Risk Management Department
17 South Market Square
P. O. Box 8700
Harrisburg, PA 17105.8700
Respectfully submitted,
Catherine M. Mahady- ith, Esquire
Attorney I. D. No. 4725
3115-A North Front Street
Harrisburg, PA 17110
(717) 236-6012
Attorney for Plaintiffs
Date: Jr // ?9
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Commonwealth of Pennsylvania
County of Cumberland
Susan W. Bates and
Thomas L. Bates, Sr.
husband and wife
V&
Karen Geigle and
Pinnacle Health System
Risk Management Department
17 S,. Market St.
P O Box 8700
Harrisburg PA 17108-8700
Court of Common Pleas
No. - 99-3032 - Civil -- Term
---
Civil Action - Law
-- -------- 19
---------- ------- ------
In --------------- ---°----------
To__Karen - Ge -igle and Pinnacle -Health System:
------------- ----- -- -----
Y are are hereby nopfied that
Susan-W_--and Thomas L. Bates, Sr., husband and wife
-°------------------------------
-----------------
Summons - Civil Action - Law
the Plaintif6 have commenced an action in --------------------------------------------------------
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
Curtis R. Long
Date ------ ----------
May 19,-------------- 1999 By
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POST & SCHELL, P.C.
BY: EVAN BLACK
I.D. # 17884
240 GRANDVIEW AVENUE
CAMP HILL, PA 17011
(717) 731-1970
ATTORNEYS FOR DEFENDANTS
KAREN GEIGLE AND
PINNACLE HEALTH SYSTEM
SUSAN W. BATES and
THOMAS L. BATES, SR.,
Husband and Wife
Plaintiffs,
V.
KAREN GEIGLE and
PINNACLE HEALTH SYSTEM
Defendants
IN THE COURT OF COMMON
PLEAS
CUMBERLAND COUNTY -
PENNSYLVANIA
NO. 99-3032
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAEripR FOR IC4ilANC'F OF RULE TO FILE A ('011 p AINT
TO THE PROTHONOTARY:
Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days hereof or
suffer the entry of a Judgment of Non Pros.
POST & SCHELL, P.C.
E N BLA SQUIRE
Attorney for Defendants
Karen Geigle and
Pinnacle Health System
POST & SCHELL, P.C. ATTORNEYS FOR DEFENDANTS
BY: EVAN BLACK KAREN GEIGLE AND
I.D. # 17884
240 GRANDVIEW AVENUE PINNACLE HEALTH SYSTEM
CAMP HILL, PA 17011
(717) 731-1970
SUSAN W. BATES and IN THE COURT OF COMMON
THOMAS L. BATES, SR., PLEAS
Husband and Wife CUMBERLAND COUNTY -
PENNSYLVANIA
NO. 99-3032
Plaintiffs,
CIVIL ACTION - LAW
V.
KAREN GEIGLE and JURY TRIAL DEMANDED
PINNACLE HEALTH SYSTEM
Defendants.
RUE TO FILE A CY
AND NOW, this day of IMPI AiNT
1999, a Rule is hereby granted
upon the Plaintiff to file a Complaint herein within tw enty (20) days after service hereof or sutler
the entry of a Judgment of Non Pros.
Prothonotary
( RRTII T ATF OF SERVICE
I, KELLEY SPANGLER, an employee of the law firm of Post & Schell, P.C., do hereby
certify that on the date set forth below, I did serve a true and correct copy of the foregoing document
upon the following persons at the following addresses indicated below by sending same in the
United States mail, first-class, postage prepaid:
Catherine M. Mahady-Smith, Esquire
3115-A North Front Street
Harrisburg, PA 17110
DATE:s ay-99
KELLEYS AN LER
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POST & SCHELL, P.C.
BY: EVAN BLACK
I.D. # 17884
240 GRANDVIEW AVENUE
CAMP HILL, PA 17011
(717) 731-1970
SUSAN W. BATES and
THOMAS L. BATES, SR.,
Husband and Wife
Plaintiffs,
V.
KAREN GEIGLE and
PINNACLE HEALTH SYSTEM
Defendants.
TO THE PROTHONOTARY:
ATTORNEYS FOR DEFENDANTS
KAREN GEIGLE AND
PINNACLE HEALTH SYSTEM
IN THE COURT OF COMMON
PLEAS
CUMBERLAND COUNTY -
PENNSYLVANIA
NO. 99-3032
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Kindly enter my appearance on behalf of the Defendants, Karen Geigle and Pinnacle Health
System in the above-captioned matter.
Respectfully submitted,
POST & SCHELL, P.C.
EVAN BLACK, ESQUIRE
Attorney for Defendants
Karen Geigle and
Pinnacle Health System
I, KELLEY SPANGLER, an employee of the law firm of Post & Schell, P.C., do hereby
certify that on the date set forth below, I did serve a true and correct copy of the foregoing document
upon the following persons at the following addresses indicated below by sending same in the
United States mail, first-class, postage prepaid:
Catherine M. Mahady-Smith, Esquire
3115-A North Front Street
Harrisburg, PA 17110
' ' 1 .00.e myp h_
DATE: 9_0Z14_99 KELLEY S AN LER 0
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-03032 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
I
BATES SUSAN W ET AL
VS.
GEIGLE KAREN ET AL
R. Thomas Kline Sheriff, who being
to law, says, that he made a diligent search and duly sworn according
named defendant, to wit: GEIGLE KAREN inquiry for the within,
but was unable to locate
Her in his bailiwick.
deputized the sheriff of He therefore
DAUPHIN COUNTY Count
to
serve
P
the wi Y. enns lva
thin WRIT OF SUMMONS Y a.
On. June 15th, 1999
this office was in receipt of
the attached return from
DAUPHIN COUNTY County, Pennsylvania.
Sheriff's Costs:
Docketing 18.00
So ansOR1dS w rs/
Out of County 9.00
Surcharge 8.00
??
DAUPHIN COUNTY 35.25 erieri?-YY`- ---
$7U-.-2TS CA HE5 1999 NAHADY-SMITH
Sworn and subscribe to before me
this JS'= day of L
19 A.D. ???°°
r ono lY
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-03032 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BATES SUSAN W ET AL
VS.
GEIGLE KAREN ET AL
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: PINNACLE HEALTH SYSTEM
RISK MANAGEMENT DEPARTMENT
but was unable to locate Them _ in his bailiwick. He therefore
deputized the sheriff of DAUPHIN COUNTY County, Pennsylvania.
to serve the within WRIT OF SUMMONS
On June 15th, 1999 , this office was in receipt of
the attached return from DAUPHIN COUNTY County, Pennsylvania.
Sheriff's Costs: So answeXs: /-
Docketing G.00
Out of County 00
Surcharge 8.00 / 11 as Kl
,*14.00 CA HE INE MAHADY-SMITH
06//15/1.999
Sworn and subscribed to before me
this /5a day of 11444-c
19 9 A.D. 777
4 1 2)t4_ /L
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(offtre of tg.e o` 4-erf ff
Man, Jane Snvder
Real Estate Ihputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
BATES SUSAN W
GEIGLE KAREN.
Ralph G. McAllister
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Sheriff's Return
vs.
No. 1034-T - - -1999
OTHER COUNTY NO. 99-3032
AND NOW: May 28, 1999
WRIT OF SUMMONS
at 8:30AM served the within
upon
PINNACLE HEALTH SYSTEM by personally handing
to PHYLLIS WOODFORD, RISK MANG ASSIST 1 true attested copy(ies)
of the original WRIT OF SUMMONS and making known
to him/her the contents thereof at 175 MARKET SQUARE
HARRISBURG, PA 17108-0000
Sworn and subscribed to
before me this 7TH day of NNE, 1999
PROTHONOTARY
So Answers,
i °Sheriff of Dauphin C Pa.
By
D81 ty Sheri f
Sheriff's Costs: $35.25 PD 05/27/1999
RCPT NO 124359
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(ID111re of E (,s4erfff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
I lurrisburg, 1'enus)-lvnnia 17101
ph:(717)255.2600 lin;(717)255.2899
JHCk Lotwick
Sheriff
Commonwenlth of I'ennnytvanln
County of Dauphin
RATES SUSAN W
vs
Ralph G. McAllister
Chiet'Deputy
Michael W. Rinehart
Assistant Chief Deputy
• GEIGLE KAREN
:Shoriff's Return
No. 1034-T - - -1999
OTHER COUNTY NO. 99-3032
AND NOW: May 211, 1999 ate 8:30AM served the within
WRIT OF SUMM0143 upon
GEIGLE KAREN by personally handing
to PHYLLIS WOODFORD, RISK MA14G ASSIST 1 true attested copy(ies)
of the original WRIT OF SUMMONS and making known
to him/her the contents thereof at 17 S MARKET SQUARE
HARRISBURG, PA 17108-0000
Sworn and subscribed to
before me this 7TH day of JUNE, 1999
PROTH0140TARY
So Answers,
Sheriff of Dauphin Co a.
By
D ty Sheri
Sheriff's costs: $35.25 PD 05/27/1999
RCPT NO. 124359
ET
4
. ..c.
in 't'he Court of Common Pleas of
Cumberland County, Pennsylvania
No.99-3032 Civil 19
Now, 5/20/99 19_? I SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of
Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.
? Sheriff of Cumberland County, Pa.
Affidavit of Service
Now,
at
by handing to
attested copy of the original
the contents thereof.
So answers,
Sheriff of
Sworn and subscribed before
me this day of_
19 ,at
o'clock M, served the
a true and
and made known to
COSTS
SERVICE S
19 MILEAGE
AFFIDAVIT
County, Pa.
S
in The Court of Common Pleas of Cumberland 'oun y,
No. 99-3032 Civil 19_ .
Now, 5/20/99 19 1 SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of
Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, Pa.
Affidavit of Service
Now,,
at
by handing to
attested copy of the original
the contents thereof.
Sworn and subscribed before
me this day of
19
19 , at
o'clock M, served the
a true and
and made known to
So answers,
Sheriff of
COSTS
SERVICE S
MILEAGE
AFFIDAVIT
County, Pa.
S
SUSAN W. BATES and
THOMAS L. BATES, SR.,
Husband and Wife,
Plaintiffs,
vs.
KAREN GEIGLE and
PINNACLE HEALTH SYSTEM,
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
DOCKET NO. 99-3032
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFF'S OBJECTION TO 2002 PURGE LIST/ INACTIVE CASE
DESIGNATION PURSUANT TO C. C. R. P. 228
Plaintiffs, Susan and Thomas Bates, by and through their counsel Catherine M.
Mahady-Smith, object to the designation of their case as inactive and in support thereof,
aver as follows:
This matter should not be designated as inactive and dismissed pursuant to
C.C.R.P. 228 but should be continued for the following reasons:
1. PROCEDURAL
1. Plaintiffs commenced a suit by Summons against certain Defendants on
March 19, 1999 and docketed at Civil Action No. 99-1625 (Copy of Praecipe
for Writ of Summons attached hereto as Exhibit A).
2. Thereafter, Plaintiffs started a second action against other Defendants on
May 19, 1999 Docketed at Civil No. 99-3032, the case at issue for purging
(Copy of Praecipe for Writ of Summons attached hereto as Exhibit B).
3. These two actions are predicated on the same facts and occurrences.
4. Therefore, these actions were consolidated by Order of the Honorable
Judge Kevin Hess on July 30, 1999 (Consolidation Order attached hereto as
Exhibit Q.
5. Per said Court Order, the newly consolidated cases were thereafter
docketed at the earlier Case No. 99-1625.
6. All proceedings of record for Action #99-3032 were thereafter docketed
under Case No. 99-1625, which has not been without activity of record for
two years and is not on the Cumberland County 2002 Purge List.
II. SUBSTANTIVELY
1. The Plaintiffs' claims in the above-captioned cases are predicated on the
failure of the Defendants to timely prevent and diagnose Plaintiff-wife's cervical
cancer, necessitating more radical medical intervention. The Plaintiffs allege that
the Defendants hospital and its staff misread her Pap smear tests over a number of
years. Additionally, Plaintiffs allege when the Defendant Hospital did provide a
report of abnormality, Defendant Adams erroneously informed Plaintiff -wife that
the test was normal (apparently not disputed by Defendant Adams).
2. Thus, Plaintiffs believed liability was clear. However, at the time that the
diagnosis of cervical cancer was finally made, it was believed that Plaintiff-wife
would obtain a complete cure so the damages appeared to be limited.
1)
3. With the parties recognizing these issues, Defendant Adams and the Plaintiffs
were attempting to resolve the matter without conducting extensive discovery,
including depositions.
4. However, prior to accomplishing a settlement, tragically, Mrs. Bates' condition
changed. Recently, Mrs. Bates has had a recurrence of her cervical cancer in the
form of lung metastasis.
5. Mrs. Bates has been advised that her condition is incurable. She will, in the
absence of a miracle, now die from her disease leaving behind her husband, her
teenage daughter and her mentally-challenged teenage son, who is completely
dependent on her for care.
6. Therefore, the Plaintiffs withdrew their previous offer of settlement, given the
now profound damages as a result of the negligence (See Plaintiff's Counsel July
19, 2002 letter attached hereto as Exhibit D).
7. For these reasons, Plaintiffs are now in the process of engaging in the
discovery depositions that had been tabled while pursuing a settlement of the case
(See Attorney Hartman's correspondence attached hereto as Exhibit E).
WHEREFORE, Plaintiffs respectfully request, for the foregoing reasons, that the
above-captioned matter be removed from the Cumberland County 2002 Purge List.
Respectfully submitted,
Catherine M. Mahady-Smith,
DATE: /U -0q-OZ
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SUSAN W. BATES and
THOMAS L. BATES, SR.,
Husband and Wife,
Plaintiffs
vs.
LESLIE ADAMS, M.D.,
DORKO, ADAMS, JANSON &
GOEDECKE ASSOCIATES,
PHYSICIANS FOR WOMEN'S
HEALTH, P.C., H. G. KWEE, M.D.,
"K.G.", cytotechnologist at Harrisburg
Hospital, HARRISBURG HOSPITAL,
and PINNACLE HEALTH SYSTEM
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKETNO. J' - ??aS
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR WRTI' OF SUM1140NS
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue a Writ of Summons against the following Defendants:
1• Leslie Adams, M.D.
Physicians For Women's Health, P.C.
One Lemoyne Square
Lemoyne, PA 17043
2. Dorko, Adams, Janson, & Goedecke Associates
One Lemoyne Square
Lemoyne, PA 17043
3. Physicians For Women's Health, P, C.
One Lemoyne Square
Lemoyne, PA 17043
4._ H. G. Kwee, M.D.
Harrisburg Hospital
I I 1 South Front Street
Harrisburg, PA 17101
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5. "K.G." cytotechnologist at Harrisburg Hospital
Harrisburg Hospital
111 South Front Street
Harrisburg, PA 17101
6. Harrisburg Hospital
Administrative Offices
111 South Front Street
Harrisburg, PA 17101
7. Pinnacle Health System
1 I 1 South Front Street
Harrisburg, PA 17101
Respectfully submitted,
Catherine M
Mahady-S Esquire
Attorney I.D. No. 47252
3115-A North Front Street
Harrisburg, PA 17110
(717) 236-6012
Attorney for Plaintiffs
Date: March 17, 1999
4
SUSAN W. BATES and
THOMAS L. BATES, SR.,
Husband and Wife,
Plaintiffs
vs.
KAREN GEIGLE and
PINNACLE HEALTH SYSTEM,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. f ?C3 ;Z-
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue a Writ of Summons against the following Defendant:
1. Karen Geigle
Pinnacle Health System
Risk Management Department
17 South Market Square -
P. 0. Box 8700
Harrisburg, PA 17105-8700
2. Pinnacle Health System
Risk Management Department
17 South Market Square
P. 0. Box 8700
Harrisburg, PA 17105-8700
Respectfully submitted,
Catherine M. Mahady-St ith, Esquire
Attorney I.D. No. 47252
3115-A North Front Street
Harrisburg, PA 17110
(717) 236-6012
Attorney for Plaintiffs
Date: S ?4
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SUSAN W. BATES and IN THE COURT OF COMMON PLEAS OF
THOMAS L. BATES, SR., CUMBERLAND COUNTY, PENNSYLVANIA
Husband and Wife,
Plaintiffs
vs.
LESLIE ADAMS, M.D.,
DORKO, ADAMS, JANSON &
GOEDECKE ASSOCIATES,
PHYSICIANS FOR WOMEN'S
HEALTH, P.C., H. G. KWEE, M.D.,
"K.G.", cytotechnologist at Harrisburg
Hospital, HARRISBURG HOSPITAL,
and PINNACLE HEALTH SYSTEM,
Defendants
DOCKET NO. 99-1625
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ORDER
AND NOW, this ? day of 1,4 1999, upon consideration of the within
Petition to Make Rule Absolute, it is hereby
ORDERED and DECREED that the Rule Returnable in this matter is made absolute and the
cases docketed at No. 99-1625 and 99-3032 are consolidated to Docket No. 99-1625, and the caption
is amended as follows:
SUSAN W. BATES and
THOMAS L. BATES, SR.,
Husband and Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
LESLIE ADAMS, M.D.,
DORKO, ADAMS, JANSON &
GOEDECKE ASSOCIATES,
PHYSICIANS FOR WOMENS
HEALTH, P.C., H. G. KWEE, M.D.,
KAREN GEIGLE, HARRISBURG
HOSPITAL and PINNACLE
HEALTH SYSTEM,
Defendants
DOCKET NO. 99-1625
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
BY THE COURT,
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Catherine All. Allahady-Smith
Attorney and Counsellor at Law
3115-A North Front Street
Harrisburg, PA 17110
(717) 236-6012 Fax (717) 236-6823
(888) 804-6657
July 19, 2002
Jack M. Hartman, Esquire
HARTMAN OSBORNE
126-128 Walnut St.
Harrisburg,PA 17101
Andrew H. Briggs, Esquire %
POST & SCHELL, P.C.
240 Grandview Avenue
Camp Hill, PA 17011
Re: Bates v. Adams, M.D., et a1.
Dear Counsel:
Mark R. Hamilton, Esquire
ZIMMER KUNZ P.C.
Firm #920,3300 USX Tower
Pittsburgh,PA 15219
Please be advised that the Plaintiffs hereby withdraw their prior offer of settlement.
Recently Mrs. Bates was diagnosed with lung metastasis from her cervical cancer. Mrs. Bates is
currently receiving treatment from Dr. Misas. Her lung biopsy was performed by Dr. Christine
McCarty. Pathology studies were performed at Carlisle Hospital and John Hopkins. I have not
yet obtained these records. Upon receipt, I will provide them to you. Alternatively, you may
subpoena these records. Please let me know how you wish to proceed.
Finally, by this letter, please be advised that I intend to schedule Mrs. Bates videotaped
testimony. If you wish to take her discovery deposition prior to that testimony, please provide me
with dates. Also by this letter I am requesting dates for deposing your respective clients.
Very Truly Yours A
Catherine Ni -Mahady-Smith
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HARTMAN, OSBORNE & RETfIG A'T'TORNEYS AT LAW
126.128 WALNUF STREET, HARRISBURG, PA 17101 • TELCI'110NC (717) 232-3046 • FACSIMILC (717) 232-3538
JACK M. HARTMAN
KEVIN E. OSBORNE
JEFFREY B. RCTTIG
AMY C. IFOERSTER
CINDY L. N1CIIOLSON
STACY B. WOLF
OF COUNSEL
MELINDA S. JOYCE
July 23, 2002
Catherine M. Mahady-Smith, Esquire
31 15 A. North Front Street
Harrisburg, PA 17110
WRITE'R'S EXTENSION: 109
WRITER'S E-MAIL ADDRESS:
rock han m;uuid ho?l;ia na.cnm
Re: Susan W. Bates and Thomas L. Bates, Sr., Husband and
Wife v. Leslie Adams, M.D., Dorko, Adams, Janson &
Goedecke Associates,-Physicians for Women's Health, P.C.,
H.G. Kwee, M.D., "K.G.", cytotechnologist at Harrisburg
Hospital, Harrisburg Hospital, and Pinnacle Health System
Docket No.: 99-1625
Dear Catie:
This is in response to your letter dated July 19, 2002 on the above-referenced matter.
I am certainly sorry to hear about the adverse developments for Mrs. Bates. In response to
your inquiry I would appreciate receipt of copies of all medical records having to do with her
diagnosis, care and treatment. After reviewing the records, I will determine whether it is
necessary to obtain the pathology slides. I would also like the opportunity to conduct a
discovery deposition of Mrs. Bates, preferably on a separate day Crum the date scheduled for
her videotape deposition. Depending upon how quickly you wish to schedule the
depositions, I have blocks of time available beginning the week of August 12 and continuing
through the end of August. After that, my schedule is extremely difficult because of trials
in September and October for which i am already attached. 1 am again available
commencing the week of November 4, 2002. Please coordinate dates through all other
Counsel and with my secretary Cynthia at extension 115.
I understand front your letter that you are renewing your request for deposition dates
for both Dr. Adams and Dr. Janson. I will determine their availability during August and
Catherine M. Mahady-Smith, Esquire
July 23, 2002
Page 2
November and will provide available dates to your office through Cynthia. Thank you for
your ongoing cooperation.
Vcr ru ly yours,
Jac i. Hartman
JMH:cks
cc: Andrew Briggs, Esquire
Mark R. Hamilton, Esquire
CERTIFICATE OF SERVICE
I, Catherine M. Mahady-Smith, hereby certify that, on this 4d day of OCTOBER
2002, a true and correct copy of PLAINTIFF'S OBJECTION TO 2002 PURGE
LIST/INACTIVE CASE DESIGNATION PURSUANT TO C.C.R.P.228 was served
upon counsel of record by depositing same in the United States mail, first-class, postage
prepaid, and addressed as follows:
Andrew H. Briggs, Esquire
POST & SCHELL, P. C.
240 Grandview Avenue
Camp Hill, PA 17011
Attorney for Defendants H. G. Kwee, M. D.,
Karen Geigle, Harrisburg Hospital
And Pinnacle Health System
Mark R. Hamilton, Esquire
ZIMMER KUNZ PROFESSIONAL CORPORATION
Firm 4920, 3300 USX Tower
Pittsburgh, PA 15219
Attorney for Defendant Physicians fa• Women's Health, P. C.
Jack M. Hartman, Esquire
HARTMAN, OSBORNE & JOYCE, P.C.
126-128 Walnut Street
Harrisburg, PA 17101
Attorneys firr Dcfendanns Leslie Adams, M. D. and
Dorko, Adorns,.1anson X Goedecke Associates
DATE: G -U -0 L,
Catherine M. Mahady-Smith, Esq.
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SUSAN W. BATES, IN THE COURT OF COMMON PLEAS OF
THOMAS L. BATES, SR., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. CIVIL ACTION - LAW
KAREN GEIGLE, PINNACLE
HEALTH SYSTEM,
Defendants No. 99-3032 CIVIL TERM
ORDER OF COURT
AND NOW, this 22nd day of October, 2002,
upon consideration of a letter from Plaintiffs' counsel,
Catherine Mahady-Smith, Esquire, requesting that this case
may be stricken from the purge list, and enclosing a motion
to that effect, and there being no opposition to the
request, the motion is granted, the case is stricken from
the purge list, and the case shall remain active.
Catherine Mahady-Smith, Esquird'
For the Plaintiffs
,i Evan Black, Esquire y C ??-?O Q a
For the Defendant
Court Administrator Rs
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By the Court,
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Case No.e7q _gogZ. CIvi17"
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/leAL-161 System Statement of Intention to Proceed
L. {Pvrc?a?rt?s
To the Court:
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P?Q //Jf7 p l? 61,00? t O(?Y{/JW intendp//too proceed with the above captioned matter.
Print NameeAzye:Dial6 hf • JMAjItt Sign Namo C- •((Az,,
Date: ?? 7 Attorney for Cl(.' / / ??'?a' • vv '?
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Fide of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901.
Rule of Judicial Administration 1901(6) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. Atler giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has teen terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important, if the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action: has not been uvmriuated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
CERTIFICATE OF SERVICE
On this /0 of ?To 2005, I certify that a copy of the foregoing
PLAINTIFFS' STATEMENT OF INTENTION TO PROCEED was served upon
counsel of record by depositing same in the United Sates mail, first-class, postage
prepaid, and addressed as follows:
Andrew Briggs, Esquire
POST & SCHELL, P.C.
1857 William Penn Way
P. 0. Box 10248
Lancaster, PA 17605-0248
Attorney for Defendants H. G. Kwee, M.D.,
Karen Geigle, Harrisburg Hospital
And Pinnacle Health System
Fax #291-1609
#391-1165
Mark R. Hamilton, Esquire
ZIMMER KUNZ PROFESSIONAL CORPORATION
Firm #920, 3300 USX Tower
Pittsburgh, PA 15219
Attorney for Defendant Physicians for Women's Health, RC.
Fax #412-281-1765
9412-281-8000
Kevin E. Osborne, Esquire
OSBORNE & RETTIG, P.C.
126-128 Walnut Street
Harrisburg, PA 17101
Attorney for Defendants Leslie Adams, H.D. and
Dorko, Adams, Janson & Goedecke Associates
Far #232-3538
#232-3046
Gilda S. er, 9?&ctary
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Curtis R. Long
Prothonotary
(Off ire of the i9rotbonotarp
?urttbel'Yartb ?oultrp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
_9? - 3032 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-A5-7-1