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HomeMy WebLinkAbout08-1321r MARK P. SCOTT 3682 Tuckahoe Rd Franklinville, NJ 08322 Plaintiff V. NANCY J. SCOTT 1291 Asper Drive Boiling Springs, Pa 17007 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ? -13a ( 4?t IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lone money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House,1 Courthouse Square, Carlisle, Pa 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 AGIENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, Pa 17013 (717) 249-3166 800-990-9108 r MARK P. SCOTT 3682 Tuckahoe Rd Franklinville, NJ 08322 Plaintiff V. NANCY J. SCOTT 1291 Asper Drive Boiling Springs, Pa 17007 Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. d F- / 3 ! Win=! ?" : IN DIVORCE COMPLAINT UNDER SECTION 3301 (c) OF THE DIVORCE CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Plaintiff, MARK P. SCOTT, by FILING PRO SE, who files this Complaint in Divorce a statement of which is as follows: 1. Plaintiff is MARK P.SCOTT, who currently resides at 3682 Tuckahoe Rd, Franklinville, NJ 08322, and has resided there since on or about August 3, 2004. 2. Defendant is NANCY J. SCOTT, who currently resides at 1291 Asper Drive, Boiling Springs, Pa 17007, and has resided there since November 1979. 3. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 3, 1978, in Houston, Texas. 5. There have been no prior actions of divorce or for annulment between the parties 6. There were no children born of this marriage. 7. Neither party is a member of any branch of military. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. The Plaintiff respectively requests the Court to enter a decree of divorce. 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 unsworn falsification to authorities. MARK P. SCOTT -? ~?` ?? <: ?. E?? _ "r1 ..,, Pi .? ?-- ?CS _. ?, ;, ; °_ t, ::c, ? _?' I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY LAW DIVISION MARK P. SCOTT, No.: 2008-1321-CIVIL Plaintiff Vs. NANCY J. SCOTT, CIVIL ACTION IN DIVORCE Defendant PRAECIPE OF ENTRY OF APPEARANCE To The Prothonotary: Please enter the appearance of the undersigned counsel on behalf of the Plaintiff, Mark P. Scott, with respect to the above captioned matter. Respectfully submitted, NEALON LAW By: James G. Nealon, III, Esquire Supreme Court I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Dated: '-7 1 (Q 61 I CERTIFICATE OF SERVICE AND NOW, this 14th day of July, 2009, I hereby certify that I have served the foregoing Entry of Appearance on the following by U.S. Mail: Andrew H. Shaw, Esquire 200 S. Spring Garden, Suite Carlisle, PA 17013 - 11 James G. Nealon, III F THE ^'?,! p 2009 JUL 15 Fill, 12: ' a 0 Law Offices of Eric J. Wiener, LLC. Eric J. Wiener, Esquire (PA ID# 18046) Arnold S. Bituin, Esquire (PA ID# 207609) 2515 North Front Street Harrisburg, PA 17110 717-909-9999 717-909-9009 (fax) Attorneys for Plaintiffs James L. Fralish, individually, and as personal representative of the Estate of Jean Fralish, Plaintiffs vs. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : No.: 08-3493 civil term CIVIL ACTION - Medical. Professional Liability Action Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center, & JURY TRIAL DEMANDED Manor Care of Carlisle PA, LLC, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and. Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE 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 OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone number 249-3166 Law Offices of Eric J. Wiener, LLC. Eric J. Wiener, Esquire (PA ID# 18046) Amold S. Bituin, Esquire (PA ID# 207609) 2515 North Front Street Harrisburg, PA 17110 717-909-9999 717-909-9009 (fax) Attorneys for Plaintiffs James L. Fralish, individually, and as personal representative of the Estate of Jean Fralish, Plaintiffs vs. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No.: 08-3493 civil term CIVIL ACTION - Medical Professional Liability Action Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center, & JURY TRIAL DEMANDED Manor Care of Carlisle PA, LLC, Defendants AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan in" adelante en las siguientes paginas, debe tomar accio'n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O 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 ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone number 249-3166 Law Offices of Eric J. Wiener, LLC. Eric J. Wiener, Esquire (PA ID# 18046) Arnold S. Bituin, Esquire (PA ID# 207609) 2515 North Front Street Harrisburg, PA 17110 717-909-9999 717-909-9009 (fax) Attorneys for Plaintiffs James L. Fralish, individually, and as personal representative of the Estate of Jean Fralish, Plaintiffs vs. Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center, & Manor Care of Carlisle PA, LLC, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : No.: 08-3493 civil term CIVIL ACTION - Medical Professional Liability Action : JURY TRIAL DEMANDED PLAINTIFF'S FOURTH AMENDED COMPLAINT NOW COMES Plaintiff James L. Fralish, individually, and as personal representative of the Estate of Jean Fralish, by and through his attorneys, the Law Offices of Eric J. Wiener, and files this Fourth Amended Complaint: PARTIES 1. James L. Fralish (Jim) is an adult individual residing at 75 West Main Street, New Kingstown, Cumberland County, Pennsylvania 17072. 2. Jim is the widower of Jean Fralish (Jean), who died on June 13, 2006. He is the administrator of the Estate of Jean Fralish having been granted Letters of Administration on June 20, 2006. See Letters of Administration attached as Exhibit A. 3. Leanne Sutton, nee Fralish, is an adult individual residing at 7 North Letort Drive, Carlisle, Cumberland County, Pennsylvania 17103. She is the biological daughter of both Jim and Jean. 4. Christian Fralish is an adult individual residing with Jim. He is the biological son of both Jim and Jean. 5. Adam Fralish is an adult individual residing with Jim. He is the biological son of both Jim and Jean. 6. Aaron Beidel is an adult individual residing at 151 Big Oak Road, Dillsburg, York County, Pennsylvania 17019. He is the biological son of Jean. 7. Mary Rynard is an adult individual residing at 423 North Pitt Street, Carlisle, Cumberland County, Pennsylvania 17103. She is the mother of Jean. 8. Defendant, Carlisle HMA, Inc. is a registered Pennsylvania corporation, whose agent for service is CT Corporation Systems, located at 116 Pine Street, Harrisburg, Dauphin County, Pennsylvania 17101. 9. Defendant, Carlisle HMA, Inc. is in the business of healthcare. It operates a hospital under the name of Carlisle Regional Medical Center (CRMC). CRMC's principal place of business, as registered in the Corporations Bureau of the Pennsylvania Department of State, is 246 Parker Street, Carlisle, Cumberland County, PA 17101. The hospital is located in 361 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17015. Plaintiff is asserting a medical professional liability claim against Carlisle HMA, Inc. 10. Defendant Manor Care of Carlisle PA, LLC (Manor Care) is a registered Delaware Limited Liability Corporation, licensed to do business in Pennsylvania. Its agent for service is CT Corporation Systems, located at 116 Pine Street, Harrisburg, Dauphin County, Pennsylvania 17101. 2 11. Manor Care is in the business of healthcare. It operates a nursing and rehabilitation facility located at 940 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17015. Plaintiff is asserting a medical professional liability claim against Manor Care. FACTUAL AVERMENTS 12. Paragraphs 1 through 11 are hereby incorporated by reference as if fully set forth herein. 13. On or about July 5, 2005, Jean complained of shortness of breath and leg edema. She was then admitted to CRMC. 14. Jean remained in CRMC and on or about July 11, 2005, underwent a surgical procedure on her arm to assist with dialysis. Drs. Gerald Martin and Joseph Campbell performed the surgery in CRMC. Several attempts were made to accomplish this surgery. 15. Jean subsequently developed an infection in that arm. 16. On or about July 11, 2005, doctors performed surgery on her right thigh to accomplish a vein graft. 17. After that surgery and upon removing the bandage from that thigh, the adhesive pulled off a patch of skin, which later developed into a festering wound. 18. CRMC failed to provide adequate nutrition to Jean during her admission. 19. In addition to Drs. Martin and Campbell, available medical records and Defendant CRMC's responses to interrogatories, attached as Exhibit B, indicate that the following physicians were responsible for the care of Jean during her admission beginning on or about July 5, 2005: a. Theodore Berk, M.D. b. Ernest Camponovo, M.D. c. Jay Rosenblum, M.D. d. George Broder, M.D. e. Richard Kraus, M.D. f. Christopher Ladd, M.D. 20. Jean was discharged from CRMC on or about July 19, 2005 3 21.On or about July 26, 2005, Jean was readmitted to CRMC because of increasing confusion and lethargy. The medical records note as Jean having "acute delirium - probable sepsis," "[p]ossible sepsis... secondary to UTI versus cellulitis at the AV fistula." 22. CRMC failed to provide adequate nutrition to Jean during her admission. 23. Available medical records and Defendant CRMC's responses to interrogatories indicate that the following physicians were responsible for the care of Jean during her admission at CRMC beginning on or about July 26, 2005: a. Gerald Martin, M.D. b. Harrison Wood, M.D. c. Joseph J. Campbell, M.D. d. David P. Albright, M.D. e. Ernest Camponovo, M.D. 24. On or about August 1, 2005, Jean was discharged from CRMC and admitted to Manor Care to rehabilitate her left arm after it had become useless due to the above-mentioned surgeries. 25. Manor Care did not adequately assess and reassess her condition. 26. Thereafter, Jean was readmitted to CRMC in 2005 of August 15, September 5, and September 15, for various medical procedures. At the conclusion of the medical procedures at CRMC, she was discharged back to Manor Care to continue her rehabilitation. 27. CRMC failed to provide adequate nutrition to Jean during her admissions. 28. Available medical records and Defendant CRMC's responses to interrogatories indicate that the following physicians and nurses were responsible for the care of Jean during her admission at CRMC: a. Gerald Martin, M.D. b. Joseph J. Campbell, M.D. c. Wendy Gingrich d. Philip Moldovsky, M.D, 4 e. Darryl K. Guistwite, M.D. f. Ernest Davis, D.O. g. Ernest Camponovo, M.D. h. Robert F. Hall II, M.D. i. Jay Rosenblum, M.D. j. Richard Kraus, M.D. k. Joseph Acri, D.O. 1. Clifford Cloonan, M.D. m. Christopher Ladd, M.D. n. Laurie Gutstein, M.D. 29. On or about September 21, 2005, Jean was readmitted to CRMC where Dr. Martin performed a procedure to remove the "right tunnel dialysis catheter" due to possible "gram positive sepsis." 30. CRMC failed to provide adequate nutrition to Jean during her admission. 31. Upon information and belief, she was under the care of Drs. Gerald Martin, Joseph Campbell, and Darryl Guistwite. 32. On or about October 2, 2005, she was admitted to Manor Care. 33. Manor Care did not adequately assess and reassess her condition. 34. On or about October 7, 2005, while in Manor Care, Jean complained of intense pain, this time on her right arm. After a week, Jean's right arm began to show some bruising on the underside. 35. Doctors at CRMC later diagnosed this as compartment syndrome. 36. On or about October 21, 2005, she was admitted to CRMC, where Jean had to endure more painful surgery for the compartment syndrome. 37. Jean also had to endure months of therapy to regain use of her right arm. 38. CRMC failed to provide adequate nutrition to Jean during her admission. 39. Available medical records and Defendant CRMC's responses to interrogatories indicate that the following physicians were responsible for the care of Jean during her admission at CRMC beginning on or about October 21, 2005: a. Gerald Martin, M.D. b. Darryl Guistwite, M.D. . c. James Oliverio, M.D. 40. On or about October 24, 2005 she was readmitted to Manor Care. 41. )While still in Manor Care, a scab on Jean's right thigh burst open revealing a ghastly hole where her flesh was being eaten away by an infection. This right thigh is the site of the surgery mentioned in paragraph 16. CRMC's records reveal that this infection has been going on for several months and was draining "necrotic and purulent material." 42. Manor Care did not adequately assess and reassess her condition. 43. Jean was admitted again to CRMC on or about November 25, 2005. On or about December 5, 2005, Jean had to endure more pain and surgery, which was performed by Dr. Richard Griffiths, to attempt removal of infected tissue from her thigh. 44. CRMC failed to provide adequate nutrition to Jean during her admission. 45. In addition to Dr. Griffiths, available medical records and Defendant CRMC's responses to interrogatories indicate that the following physicians were responsible for the care of Jean during her admission at CRMC beginning on or about November 25, 2005: a. Albin Harris, M.D. b. Darryl K. Guistwite, M.D. c. Ernest Davis, M.D. d. Drew Stoken, M.D. e. Sun Y. Kim, M.D. f. David G. Pawlush, M.D. g. Robert F. Hall, II, M.D. h. Ernest Camponovo, M.D. i. Gerald Martin, M.D. 6 46. On or about February of 2006, a small red spot appeared on Jean's back, around the area of her tailbone. 47. On or about March 7, 2006, Manor Care records indicate that Jean had fallen out of her bed. She was assisted back to her bed by a nurse. 48. On or about March 13, 2006, Jean was sitting on her chair at her room in Manor Care. She was later left unattended by staff. 49. She attempted to get someone's attention so that she could be moved to her bed. 50. When no one responded, she did attempt to lift herself up. In the process, she fell to the floor and fractured her hip. 51. Manor Care had awareness of prior falls. Despite that, Manor Care staff breached protocol, which resulted in Jean's fall, which contributed to her death. 52. On or about March 13, 2006, she was admitted to CRMC where she endured more pain and surgery to fix her fractured hip. 53. While still at CRMC, the small red spot on her back grew to a grotesque bed sore. This grew bigger, turned black, and later exposed the tailbone. 54. On or about April 28, 2006, while at CRMC, Jean had to endure a painful debridement of the area to clean the flesh around the tailbone. 55. While still admitted at CRMC, a tracheotomy tube was placed in Jean's throat to assist her breathing. 56. CRMC doctors, nurses, and staff knew or should have known that the tracheotomy tube frequently clogged and required suctioning. 7 57. While still at CRMC, doctors, nurses, and staff failed to provide a working electronic monitor that would alert staff if Jean's blood-oxygen levels were adequate. Further, CRMC doctors, nurses, and staff failed to pay attention to her blood-oxygen levels. 58. While still at CRMC, Jean was unable to call for help because doctors, nurses, and staff failed to provide an appropriate call button for Jean who, at this time, was blind and unable to use her left arm. The call button given to her was a TV remote type device where specific buttons had to be pushed to summon a nurse. 59. In addition, CRMC staff placed the call button behind her head and Jean was unable to reach it. 60. On or about May 5, 2006, Jean's tracheotomy tube clogged. She was thereafter unable to breath, which caused her to become brain dead. 61. While still at CRMC, Jean had developed gangrene in her left foot. On May 19, 2006, her left leg was amputated. 62. CRMC failed to provide adequate nutrition to Jean during her admission. 63. On June 13, 2006, Jean Fralish died. The death certificate lists sepsis as the immediate cause of death. 64. Available medical records and Defendant CRMC's responses to interrogatories indicate that the following physicians and nurses were responsible for the care of Jean during her admission at CRMC beginning on or about March 13, 2006 through her demise: a. Darryl K. Guistwite, M.D. b. John P. Stratis, M.D. c. Alexander S. Jerev, M.D. d. Krishnan R. Rajagopal, M.D. e. David P. Albright, M.D. f. Gerald Martin, M.D. g. Mohammed Ismail, M.D. h. Adrian Demidont, D.O. i. Joseph J. Campbell, M.D. j. Wendy Gingrich, M.D. k. Juliusz Nitecki, M.D. 1. Alan J. Mira, M.D. m. Dale Acela, R.N. COUNT ONE: Negligence James L. Fralish, individually, and as personal representative of the Estate of Jean Fralish v. CRMC. 65. Paragraphs 1 through 64 are hereby incorporated by reference as if fully set forth herein. 66. Jean entered CRMC's facility for the purposes of medical care. As such, CRMC owed her a duty of care. 67. This duty of care was breached when Jean developed sepsis while under the care of CRMC, its doctors, nurses, and staff members, as indicated by available medical records and Defendant CRMC's responses to interrogatories, during the date of her admission as averred above. CRMC failed to timely identify and treat infections as early as possible. 68. Further, CRMC breached its duty of care to Jean when she developed a severe thigh infection and when CRMC, its doctors, nurses, and staff members, as indicated by available medical records and Defendant CRMC's responses to interrogatories, failed to timely identify and treat it as early as possible while under their care during the date of her admission as averred above. 69. Further, CRMC breached its duty of care to Jean when she developed a bed sore, which worsened while under the care of CRMC, its doctors, nurses, and staff members, as indicated by available medical records and Defendant CRMC's responses to interrogatories, during the date of her admission as averred above. CRMC failed to provide adequate bed sore prevention and adequate management of bed sores. 9 70. Further, CRMC breached its duty of care to Jean when they failed to provide her with a working monitor. CRMC, through its doctors, nurses, and staff members failed to pay attention to her blood-oxygen levels, while she was under their care. 71. Further, CRMC breached its duty of care to Jean when its doctors, nurses, and staff members, as indicated by available medical records and Defendant CRMC's responses to interrogatories, failed to provide her with a proper call button so that she can summon assistance when needed and when they placed this call button beyond her reach. 72. Further, CRMC breached its duty of care to Jean when they failed to provide her with adequate nutrition during her admissions. 73. Further, CRMC breached its duty of care when Jean's tracheotomy tube clogged, because of the negligence of its doctors, nurses and staff members, thereby resulting in her not being able to breath and causing her to become brain dead. 74. The breaches of duty by CRMC, its doctors, nurses, and staff members, as indicated by available medical records and Defendant CRMC's responses to interrogatories, were the direct and proximate causes of Jean's injuries. 75. It is further averred that the injuries above do not ordinarily occur absent any negligence. 76. There is no conduct of the plaintiff or any third parties, other than the defendants, that could have caused the injuries. 77. The negligent conduct was committed by the doctors, nurses, members of the medical staff and employees of CRMC and while Jean was under their care. 78. Defendant's superior knowledge gives them the better position to identify these various doctors, nurses, and members of the medical staff, as well as the circumstances surrounding the alleged injuries. 10 9 79. Upon information and belief, the doctors, nurses, members of medical staff, as averred above and indicated by available medical records and Defendant CRMC's response to interrogatories are all alleged to be agents of CRMC. 80. Under the doctrine of respondeat superior, CRMC is vicariously liable for the negligence of its employees and agents. WHEREFORE, Plaintiff demands that judgment be entered in their favor and against CRMC an amount in excess of fifty-thousand dollars ($50,000) together with interest, costs, and any and all other relief that the Court deems just and equitable. COUNT TWO: Negligence James L Fralish individually and as personal representative of the Estate of Jean Fralish v. Manor Care 81. Paragraphs 1 through 80 are incorporated by reference as if fully set forth herein. 82. Jean entered Manor Care's facility for the purpose of medical care. As such, Manor Care owed her a duty of care. 83. Manor Care breached its duty of care to Jean when she developed a severe thigh infection and when Manor Care, its doctors, nurses, and staff members as indicated in medical records failed to timely treat it while under their care during the date of her admission as averred above. The thigh infection and subsequent lack of care contributed to or caused her death. 84. Further, Manor Care, its doctors, nurses, and staff members as indicated in medical records breached its duty of care to Jean when she developed compartment syndrome in her right arm while under their care during the date of her admission as averred above. Manor Care failed to timely recognize this which resulted in extensive injury to Jean. 85. Further, Manor Care breached its duty of care to Jean when, its doctors, nurses, and staff members as indicated in medical records did not follow proper protocol, including inadequate 11 assessment of Jean, to ensure her safety. Due to the failure to follow protocol, Jean fell from her chair and fractured her hip. The fracture and subsequent lack of care contributed to or caused her death. 86. Further, Manor Care breached its duty of care to Jean when its doctors, nurses, and staff members as indicated in medical records did not properly assess, re-assess, or evaluate Jean during her admissions to Manor Care, resulting in dehydration, malnutrition, multiple sores and infections. This subsequently lead to her death. 87. Manor Care's breach of their duty of care to Jean was the direct and proximate cause of her injuries. 88. It is further averred that the injuries above do not ordinarily occur absent any negligence. 89. There is no conduct of the plaintiff or any third parties, other than the defendants, that could have caused the injuries. 90. Further, Defendant's superior knowledge gives them the better position to identify the nurses and staff members, as well as the circumstances surrounding the alleged injuries. 91. Under the doctrine of respondeat superior, Manor Care is vicariously liable for the negligence of their respective agents and employees. WHEREFORE, Plaintiff demands that judgment be entered in their favor and against Manor Care an amount in excess of fifty-thousand dollars ($50,000) together with interest, costs, and any and all other relief that the Court deems just and equitable. COUNT THREE: Wrongful death James L. Fralish, individually, and as personal representative of the Estate of Jean Fralish v. CRMC 92. Paragraphs 1 through 91 are hereby incorporated by reference as if fully set forth herein. 12 1 93. CRMC staff breached their duty of care to Jean when they engaged in conduct that fell below the acceptable standards of medical care. 94. Such negligent conduct is evidenced by the injuries caused by CRMC as averred above and in Count One of this complaint. Among other things, these includes the failure to timely and adequately treat infections, failure to provide adequate and timely bedsore prevention and treatment, failure to adequately monitor her blood-oxygen levels, failure to adequately provide for proper and working monitors, failure to provide for proper call button, failure to provide adequate care for sores, and failure to provide adequate nutrition. 95. This conduct as averred above was both the actual and proximate cause of Jean's wrongful death. 96. Jean's wrongful death was the result of the negligence of CRMC doctors, nurses, and members of medical staff. 97. Further, Defendant's superior knowledge gives them the better position to identify the descriptions and circumstances surrounding the alleged injuries and her eventual death. 98. Upon information and belief, the doctors, nurses, members of medical staff, as averred above and indicated by available medical records, as well as Defendant CRMC's responses to interrogatories, are all alleged to be agents of CRMC. 99. Under the doctrine of respondeat superior, CRMC is vicariously liable for the negligence of its employees and agents. 100. Jim, as the administrator of Jean's estate, has the right to bring a wrongful death action in behalf of the estate and those named beneficiaries, as well as those persons falling under Pennsylvania's wrongful death statutes. Jim, as the widower of Jean, Jean's sons and daughter, and Jean's mother are all entitled by law to recover damages. 13 WHEREFORE, Plaintiff demands that judgment be entered in their favor and against CRMC an amount in excess of fifty-thousand dollars ($50,000) together with interest, costs, and any and all other relief that the Court deems just and equitable. COUNT FOUR: Wrongful death James L Fralish individually, and as personal representative of the Estate of Jean Fralish v. Manor Care 101. Paragraphs 1 through 100 are hereby incorporated by reference as if fully set forth herein. 102. Manor Care breached their duty of care to Jean when they engaged in a pattern of conduct that fell below the acceptable standards of medical care. 103. Such pattern of negligent conduct is evidenced by the injuries caused by Manor Care as averred above and in Count Two of this complaint. Among others, this includes Manor Care's failure to timely and adequately treat Jean's infections; failure to properly and timely recognize her compartment syndrome, failure to follow protocol and inadequate assessment of Jean resulting in her fall, malnutrition, dehydration, multiple sores and infection. 104. This conduct was both the actual and proximate cause of Jean's wrongful death. 105. Jean's wrongful death was the result of the negligence of Manor Care's doctor's, nurses, and staff. 106. Further, Defendant's superior knowledge gives them the better position to identify the descriptions and circumstances surrounding the alleged injuries. 107. Under the doctrine of respondeat superior, Manor Care is vicariously liable for the negligence of its employees and agents. 108. Jim, as the administrator of Jean's estate, has the right to bring a wrongful death action in behalf of the estate and those named beneficiaries, as well as those persons falling 14 under Pennsylvania's wrongful death statutes. Jim, as the widower of Jean, Jean's sons and daughter, and Jean's mother are all entitled by law to recover damages. WHEREFORE, Plaintiff demands that judgment be entered in their favor and against Manor Care an amount in excess of fifty-thousand dollars ($50,000) together with interest, costs, and any and all other relief that the Court deems just and equitable. -? 116- p8 Date Respectfully submitted, LAW OFFICES OF ERIC J. WIENER By: Eric J. Wiener, Esquire PA ID. 18046 Arnold S. Bituin, Esquire PA ID. 207609 2515 North Front Street Harrisburg, PA 17110 717-909-9999 717-909-9009 (fax) 15 No. v I? -14J Estate of JEAN FRALISH, Deceased GRANT ©F LETTERS OF ADIPISTRATI®N AND NOW 2006, in consideration of the petition ;1 attached herewith, satisfactory proof having been presented before me, IT IS DECREED that Jim Fraiish is entitled to Letters of Administration, and in accord with such finding, Letters of Administration are hereby granted to JUI R Eralish in the estate of Jean Fralish. FEES Probate, Letters, Etc .............. 90.00$ Will ................................. $ Renunciation ....................... $ Short Certificates ( 6) ............ 24.00$ JCP .................................. 10.00 $ Automation Fee ................... 5.00 $ Bond ................................. $ Total $129.00 $ Filed 2006 Register of Wills Sup, 9t. I.D. No.) Eri% iener, Esq. PA 4/ 18046 2407 Park Drive EXHIBIT A I-'arrisburg, PA 17110 717-657-7701 4 HARRISBURG BETHLE11E31 PITTSBURGH BALTLAIORE PHILADELPHIA TT- THOMAS, THOMAS & HAFERft,P ATTORNEYS AT LAW' www. t.thlaw. cOm Kristi L. Hunshower, Paralegal (717) 237-7114 kmunshowerntthlmv. com June 24, 2009 Eric J. Wiener, Esquire Arnold Bituin, Esquire Law Offices of Eric J. Wiener, LLC 2515 N. Front Street Harrisburg, PA 17110 Re: Jean Fralish Estate v. Carlisle Regional Medical Center, et al. Cumberland County CCP No.: 08-3493 TUH file no.: 130-81016 Dear Counsel: Enclosed herewith please find the Second Supplemental Objections and Answers of Defendant CRMC to Plaintiff's Interrogatories (Set #1) in the above referenced matter. Very truly yours, THOMAS, THOMAS & HAFER, LLP Kristi L. Munshower, Paralegal EXHIBIT B KLM:608581.8 Enclosure Cc(wiencl): John Skrocki, Esquire 305 North Front Street, Sixth Floor, Harrisburg, PA 17101 Mailing Address: P.O. Box 999, Harrisburg, PA 17109 Phone: (717) 237-7100 Fax: (717) 237-7105 RECEIVED !UPS 2 6vR THOMAS, THOMAS & HAFER, LLP Evan Black, Esquire Attorney I.D. 17884 Stephanie L. Hersperger. Esquire Attorney I.D. 78735 P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendant Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center THE ESTATE OF JEAN FRALISH, Plaintiff V. CARLISLE HMA, INC., d/b/a CARLISLE REGIONAL MEDICAL CENTER and MANOR CARE OF CARLISLE PA, LLC., IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3493 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants SECOND SUPPLEMENTAL OBJECTIONS AND ANSWERS OF DEFENDANT, CARLISLE HMA, INC. d/b/a CARLISLE REGIONAL MEDICAL CENTER, TO PLAINTIFF'S INTERROGATORIES (Set #I) 1. On or about July 9, 2005 through July 19, 2005, Jean Fralish was admitted to CRMC. (a) Please confirm the affiliation of the following staff and specify if he/she was operating as an employee, contractor, or agent of the CRMC. i. Theodore Berk ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Theodore Berk, M.D., had a specialty in gastroenterology and was a member of the Carlisle Regional Medical Center's ("CRMC's") medical staff. ii. Gerald Martin ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Gerald Martin, M.D., had a specialty in nephrology and was a member of the CRMC's medical staff. iii. Ernest Camponovo ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Ernest Camponovo, M.D., was a radiologist with Fox Chase Radiology, which had contracted services to CRMC, and was a member of the medical staff at CRMC. iv. Jay Rosenblum ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Jay Rosenblum, M.D., was a radiologist with Fox Chase Radiology, which had contracted services to CRMC, and was a member of the medical staff at CRMC. V. George Broder ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, George Broder, M.D., was a radiologist with Fox Chase Radiology, which had contracted services to CRMC, and was a member of the medical staff at CRMC. vi. Richard Kraus ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Richard Kraus, M.D., was a radiologist with Fox Chase Radiology, which had contracted services to CRMC, and was a member of the medical staff at CRMC. vii. Christopher Ladd ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Christopher Ladd, M.D., was a radiologist with Fox Chase Radiology, which had contracted services to CRMC, and was a member of the medical staff at CRMC. (b) Please confirm the extent of the involvement of the above-mentioned personnel in the care of Ms. Fralish. ANSWER: Objection to subparagraph (b) in that it is vague, overly broad and can be as easily ascertained by Plaintiffs as by Defendant from a review of the medical records. 2 2. On or about July 22, 2005 through July 23, 2005, Jean Fralish was admitted to CRMC. (a) Please confirm the affiliation of the following staff and specify if he/she was operating as an employee, contractor, or agent of the CRMC. Robert Lasek ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Robert Lasek, M.D., had a specialty :in emergency medicine, was a member of the medical staff of CRMC and was employed by CRMC. ii. Harold Kretzing ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, specifically July 2005, Harold Kretzing, M.D., was a retired family medicine physician who was not employed by CRMC. He was on Emeritus Staff. iii. Mr./Ms./Mrs. Razziano ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Richard Razzino, M.D., had a specialty in vascular surgery, and a member of the medical staff at CRMC. iv. Randolph J. Cordle ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Randolph Cordle, M.D., had a specialty in emergency medicine, was a member of the medical staff at CRMC and was employed by CRMC. V. Clifford Cloonan ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Clifford Cloonan, M.D., had a specialty in emergency medicine, was a member of the medical staff at CRMC and was employed by CRMC. (b) Please confirm the extent of the involvement of the above-mentioned personnel in the care of Ms. Fralish. ANSWER: Objection to subparagraph (b) in that it is vague, overly broad and can be as easily ascertained by Plaintiffs as by Defendant from a review of the medical records. (c) Please identify the person(s) whose signatures appear on the "nursing assessment" reports during above-mentioned time flame. ANSWER: Objection to the extent that subparagraph (s) is over broad and unreasonably burdensome. By way of further answer, to the best of answering Defendant's knowledge, Tonya Tweedy's signature appears on the 7/22/05 Emergency Room ongoing nursing assessment and nursing assessment. Nurse Tweedy is no longer employed by CRMC but was an employee at the time of the treatment. Nurse Gavina Orillaza's signature appears on the initial assessment form on 7/22/05. Nurse Orillaza is a CRMC employee. The nurse whose signature appears on the 7/23/05 ongoing nursing assessment and ER muscular skeletal nursing assessment is Carol Adams. Nurse Adams is no longer an employee of CRMC but was an employee at the time of the treatment. The nurse's signature on the 7/23/05 Initial Assessment form is that of Kathy Farrell. Nurse Farrell is an employee of CRMC. On or about July 26, 2005 through August 1, 2005, Jean Fralish was admitted to CRMC. (d) Please confirm the affiliation of the following staff and specify if he/she was operating as an employee, contractor, or agent of the CRMC. Gerald Martin ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Gerald Martin, M.D., had a specialty in nephrology and was a member of the CRMC's medical staff. ii. Harrison Wood ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Harrison Wood, M.D., had a specialty in internal medicine and was contracted to provide hospitalist services to CRMC per locum tenens. iii. Joseph J. Campbell ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Joseph J. Campbell, M.D., had a specialty in general vascular surgery, and a member of the medical staff at CRMC. iv. David P. Albright ANSWER: To the best of Answering Defendant's knowledge, at the time relevant herein, David Albright, M.D., had a specialty in internal 4 medicinethospitaiist, was a member of CRMC's medical staff and was employed by CRMC. V. Ernest Camponovo ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Ernest Camponovo, M.D., was a radiologist with Fox Chase Radiology, which had contracted services to CRMC, and was a member of the medical staff at CRMC. vi. Philip Moldovsky ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Philip Moldovsky, M.D., was a radiologist with Fox Chase Radiology, which had contracted services to CRMC, and was a member of the medical staff at CRMC. (e) Please confirm the extent of the involvement of the above-mentioned personnel in the care of Ms. Fralish. ANSWER: Objection to subparagraph (e) in that it is vague, overly broad and can be as easily ascertained by Plaintiffs as by Defendant from a review of the medical records. On or about August 15, 2005 through August 18, 2005, Jean Fralish was admitted to CRMC. (a) Please confirm the affiliation of the following staff and specify if he/she was operating as an employee, contractor, or agent of the CRMC. Gerald Martin ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Gerald Martin, M.D., had a specialty in nephrology and was a member of the CRMC's medical staff. ii. Joseph J. Campbell ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Joseph J. Campbell, M.D., had a specialty in general vascular surgery, and a member of the medical staff at CRMC. iii. Wendy Gingrich 5 ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Wendy Gingrich was a nurse employed by CRMC. iv. Philip Moldovsky ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Philip Moldovsky, M.D., was a radiologist with Fox Chase Radiology, which had contracted services to CRMC, and was a member of the medical staff at CRMC. (b) Please confirm the extent of the involvement of the above-mentioned personnel in the care of Ms. Fralish. ANSWER: Objection to subparagraph (b) in that it is vague, overly broad and can be as easily ascertained by Plaintiffs as by Defendant from a review of the medical records. (c) Please identify the person(s) whose signatures appear on the "physician's progress notes" dated August 15, 2005. ANSWER: Objection to the extent that subparagraph (s) is over broad and unreasonably burdensome. By way of further answer, to the best of answering Defendant's knowledge, the signatures are those of Joseph Campbell, MD, and Gerald Martin, MD. At all times relevant hereto, Dr. Campbell and Dr. Martin were both members of the CRMC's medical staff. 4. On or about September 5, 2005 through September 10, 2005, Jean Fralish was admitted to CRMC. (a) Please confirm the affiliation of the following staff and specify if he/she was operating as an employee, contractor, or agent of the CRMC. i. Lillian Carmo ANSWER: After reasonable investigation, Answering Defendant is unable to identify who Lillian Carmo was or whether she had any affiliation with CRMC at the times relevant herein. If Answering Defendant discovers information to answer this Interrogatory, it will supplement same. ii. Gerald Martin ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Gerald Martin, M.D., had a specialty in nephrology and was a member of the CRMC's medical staff. 6 iii. Darryl K. Guistwite ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Darryl Guistwite, D.O., had a specialty in family medicine and was a member of the CRMC's medical staff. iv. Joseph J. Campbell ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Joseph J. Campbell, M.D., had a specialty in general vascular surgery, and was a member of the medical staff at CRMC. V. E. Davis ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Ernest Davis, D.O., had a specialty in infectious diseases, and was a member of the medical staff at CRMC. vi. Ernest Camponovo ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Ernest Camponovo, M.D., was a radiologist with Fox Chase Radiology, which had contracted services to CRMC, and was a member of the medical staff at CRMC. Vii. Robert F. Hall II ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Robert F. Hall, 11, M.D, had a specialty in radiology and was a member of the medical staff at CRMC. viii. Jay Rosenblum ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Jay Rosenblum, M.D., was a radiologist with Fox Chase Radiology, which had contracted services to CRMC, and was a member of the medical staff at CRMC. IX. Richard Kraus ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Richard Kraus, M.D., was a radiologist with Fox Chase Radiology, which had contracted services to CRMC, and was a member of the medical staff at CRMC. X. Mr./Ms./Mrs. Acki 7 ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Joseph Acri, D.O., had a specialty in internal medicine/hospitalist, was a member of the medical staff at CRMC and was employed by CRMC. Xi. Clifford Cloonan ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Clifford Cloonan, M.D., had a specialty in emergency medicine, was a member of the medical staff at CRMC and was employed by CRMC. xii_ Christopher Ladd ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Christopher Ladd, M.D., was a radiologist with Fox Chase Radiology, which had contracted services to CRMC, and was a member of the medical staff at CRMC. xiii. Laurie Gutstein ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Laurie Gutstein, M.D., was a teleradiologist with Nighthawk, which had contracted services to CRMC. (b) Please confirm the extent of the involvement of the above-mentioned personnel in the care of Ms. Fralish ANSWER: Objection to subparagraph (b) in that it is vague, overly broad and can be as easily ascertained by Plaintiffs as by Defendant from a review of the medical records. 5. On or about September 15, 2005 through October 2, 2005. Jean Fralish was admitted to CRMC. (c) Please confirm the affiliation of the following staff and specify if he/she was operating as an employee, contractor, or agent of the CRMC. Gerald Martin ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Gerald Martin, M.D., had a specialty in nephrology and was a member of the CRMC's medical staff. ii. Darryl K. Guistwite ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Darryl Guistwite, D.Q., had a specialty in family medicine and was a member of the CRMC's medical staff. iii. Joseph J. Campbell ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Joseph J. Campbell, M.D., had a specialty in general vascular surgery, and was a member of the medical staff at CRMC. (d) Please confirm the extent of the involvement of the above-mentioned personnel in the care of Ms. Fralish ANSWER: Objection to subparagraph (b) in that it is vague, overly broad and can be as easily ascertained by Plaintiffs as by Defendant from a review of the medical records. 6. On or about October 21, 2005 through October 24, 2005 Jean Fralish was admitted to CRMC. (e) Please confirm the affiliation of the following staff and specify if heishe was operating as an employee, contractor, or agent of the CRMC. Gerald Martin ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Gerald Martin, M.D., had a specialty in nephrology and was a member of the CRMC's medical staff. ii. Darryl K. Guistwite ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Darryl Guistwite, D.O., had a specialty in family medicine and was a member of the CRMC's medical staff. iii. Mr./Ms./Mrs.Oliverio ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, James Oiiverio, M.D., had a specialty in orthopedic surgery and was a member of the CRMC's medical staff. (f) Please confirm the extent of the involvement of the above-mentioned personnel in the care of Ms. Fralish. 9 ANSWER: Objection to subparagraph (b) in that it is vague, overly broad and can be as easily ascertained by Plaintiff as by Defendant from a review of the medical records. 7. On or about November 25, 2005 through December 9, 2005, Jean Fralish was admitted to CRMC. (g) Please confirm the affiliation of the following staff and specify if he/she was operating as an employee, contractor, or agent of the CRMC. Albin Harris ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Albin Harris, M.D., had a specialty in nephrology and was a member of the CRMC's medical staff. ii. Darryl K. Guistwite ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Darryl Guistwite, D.O., had a specialty in family medicine and was a member of the CRMC's medical staff. iii. E. Davis ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Ernest Davis, D.O., had a specialty in infectious diseases, and was a member of the medical staff at CRMC. iv. Mr./Ms./Mrs. Stoken ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Drew Stoken, M.D., had a specialty in ophthalmology, and was a member of the medical staff at CRMC. V. Richard Griffiths ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Richard Griffiths, D.O., had a specialty in general surgery, and was a member of the medical staff at CRMC. vi. Sun Y. Kim ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Sun Kim, M.D., had a specialty in pathology, and was a member of the medical staff at CRMC. 10 vii. David G. Pawlush ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, David Pawlush, M.D., had a specialty in cardiology, and was a member of the medical staff at CRMC. viii. Mr./Ms./Mrs. Hall ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Robert F. Hall, II, M.D, had a specialty in radiology and was a member of the medical staff at CRMC. ix. Ernest Camponovo ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Ernest Camponovo, M.D., was a radiologist with Fox Chase Radiology, which had contracted services to CRMC, and was a member of the medical staff at CRMC. X. Gerald Martin ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Gerald Martin, M.D., had a specialty in nephrology and was a member of the CRMC's medical staff. (h) Please confirm the extent of the involvement of the above-mentioned personnel in the care of Ms. Fralish. ANSWER: Objection to subparagraph (b) in that it is vague, overly broad and can be as easily ascertained by Plaintiffs as by Defendant from a review of the medical records. 8. On or about December 29, 2005, Jean Fralish was admitted to CRMC. (i) Please confirm the affiliation of the following staff and specify if he/she was operating as an employee, contractor, or agent of the CRMC. Clifford Cloonan ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Clifford Cloonan, M.D., had a specialty in emergency medicine, was a member of the medical staff at CRMC and was employed by CRMC. ii. Robert Lasek 11 ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Robert Lasek, M.D., had a specialty in emergency medicine, was a member of the medical staff of CRMC and was employed by CRMC. Christopher Ladd ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Christopher Ladd, M.D., was a radiologist with Fox Chase Radiology, which had contracted services to CRMC, and was a member of the medical staff at CRMC. iv. Darryl K. Guistwite ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Darryl Guistwite, D.O., had a specialty in family medicine and was a member of the CRMC's medical staff. (j) Please confirm the extent of the involvement of the above-mentioned personnel in the care of Ms. Fralish. ANSWER: Objection to subparagraph (b) in that it is vague, overly broad and can be as easily ascertained by Plaintiff as by Defendant from a review of the medical records. (k) Please identify the person(s) whose signatures appear on the "emergency department follow up form" dated December 30, 2005. ANSWER: Objection to the extent that subparagraph (s) is over broad and unreasonably burdensome. By way of further answer, to the best of answering Defendant's knowledge, the signature appearing on the emergency department follow up form is that of Joey Wisner, PA. At all time relevant hereto, PA Wisner was employed by Central Penn Medical Group, and was a member of the staff at CRMC. (1) Please identify the person(s) whose signatures appear on the "ongoing nursing assessment" form dated December 29, 2005. ANSWER: Objection to the extent that subparagraph (s) is over broad and unreasonably burdensome. By way of further answer, to the best of answering Defendant's knowledge, the signatures appearing on the ongoing nursing assessment of 12129105 are those of Nurse Sarah Navarro and Nurse Marilyn Ostra. At all times relevant hereto, Nurse Navarro was an employee of CRMC and remains an employee of CRMC. At all times relevant hereto, Nurse Ostra was an employee of CRMC, but is no longer an employee of CRMC. 9. On or about February 25, 2006, Jean Fralish was admitted to CRMC. 12 (m)Please confirm the affiliation of the following staff and specify if he/she was operating as an employee, contractor, or agent of the CRMC. Jean-Paul Romes ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Jean-Paul Romes was employed by Central Penn Medical Group, and was a member of the staff of CRMC. ii. Darryl K. Guistwite ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Darryl Guistwite, D.O., had a specialty in family medicine and was a member of the CRMC's medical staff. iii. Joey Wishe ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Joey Wisner, PA, was employed by Central Penn Medical Group, and was a member of the staff at CRMC. iv. Donald Schnapf ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Donald Schnapf, M.D., was a radiologist with Fox Chase Radiology, which had contracted services to CRMC, and was a member of the medical staff at CRMC. V. Nurse with initials SN ANSWER: To the best of Answering Defendant's knowledge, the initials are those of Sarah Navarro. (n) Please confirm the extent of the involvement of the above-mentioned personnel in the care of Ms. Fralish. ANSWER: Objection to subparagraph (b) in that it is vague, overly broad and can be as easily ascertained by Plaintiffs as by Defendant from a review of the medical records. 10. On or about March 13, 2006 and through her eventual demise, Jean Fralish was admitted to CRMC. (o) Please confirm the affiliation of the following staff and specify if he/she was operating as an employee, contractor, or agent of the CRMC. 13 Darryl K. Guistwite ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Darryl Guistwite, D.O., had a specialty in family medicine and was a member of the CRMC's medical staff. ii. John P. Stratis ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, John Stratis, M.D., had a specialty in plastic surgery and was a member of the CRMC's medical staff. Iii. Alexander S. Jerev ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Alexander Jerev, M.D., had a specialty in internal medicine/hospitalist, was a member of the medical staff of CRMC and was employed by CR11C. iv. Krishnan R. Rajagopal ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Kishnan Rajagopal, M.D., had a specialty in critical care medicine and pulmonology, was a member of the medical staff of CRMC and was employed by CRMC. V. David P. Albright ANSWER: To the best of Answering Defendant's knowledge, at the time relevant herein, David Albright, M.D., had a specialty in internal medicine/hospitalist, was a member of CRMC's medical staff and was employed by CRMC. Vi. Gerald Martin ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Gerald Martin, M.D., had a specialty in nephrology and was a member of the CRMC's medical staff. Vii. Mr./ Ms./Mrs. Ismail ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Mohammad Ismail, M.D., had a specialty in neurology and was a member of the CRMC's medical staff. viii. Mr./Ms./Mrs. Demidont 14 ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Adrian Demidont, D.O., had a specialty in infectious diseases and was a member of the CRMC's medical staff. ix. Joseph J. Campbell ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Joseph J. Campbell, M.D., had a specialty in general vascular surgery, and was a member of the medical staff at CRMC. X. Wendy Gingrich ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Wendy Gingrich was a nurse employed by CRMC. xi. Juliusz Nitecki ANSWER: To the best of Answering Defendant's knowledge, at the time relevant herein, Juliusz Nitecki, M.D., had a specialty in internal medicine/hospitalist, was a member of CRMC's medical staff and was employed by CR IC. xii. Alan J. Mira ANSWER: To the best of Answering Defendant's knowledge, at the times relevant herein, Alan Mira, M.D., had a specialty in orthopedic surgery, and was a member of the medical staff at CRMC. xiii. Dale Acela ANSWER: To the best of Answering Defendant's knowledge, Dale Acela, R.N., was employed as a registered nurse by CRMC. (p) Please confirm the extent of the involvement of the above-mentioned personnel in the care of Ms. Fralish. ANSWER: Objection to subparagraph (b) in that it is vague, overly broad and can be as easily ascertained by Plaintiffs as by Defendant from a review of the medical records. (q) Please identify the person(s) whose signatures appear on the Physicians Orders report. 15 ANSWER: Objection to the extent that subparagraph (s) is overly broad and unreasonably burdensome. By way of further answer, to the best of answering Defendant's knowledge, the nurse's signature who took the 3/13/06 order (Physician's Initial Orders sheet) is that of Michelle White. Nurse White is an employee of CRMC. The nurse who took the 2300 telephone order from Dr. Mira was Linda Gangai, RN, who is also an employee of CRMC. Respectfiilly submitted, Thomas, Thomas & Hafer, LLP Date: By: Black, ack, Esquire Attorney I.D. 17884 Stephanie L. Hersperger, Esquire Attorney I.D. 78735 Thomas, Thomas and Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendant Carlisle HMA, Inc. d./b/a Carlisle Regional Medical Center 16 ATTORNEY VERIFICATION I, Stephanie L. Hersperger, Esquire, of the law offices of Thomas, Thomas & Hafer, LLP, do hereby verify that I am one of the attorneys of record for the Defendant, Carlisle HMA Inc. d/b/a Carlisle Regional Medical Center, and that as such I am authorized to make this Verification in order to comply with the pertinent rules of civil procedure and that the information set forth in the foregoing Second Supplemental Objections and Answers to Interrogatories of Defendant, Carlisle HMA Inc. d/b/a Carlisle Regional Medical Center, is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. THOMAS, THOMAS & HAFER, LLP By: Stephanie L. Hersperger, Esq. Date: CERTIFICATE OF SERVICE I, Stephanie L. Hersperger, employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by electronic mail on June 24, 2009, and by placing a copy of same by First Class in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on June 24, 2009 addressed as follows: Eric J. Wiener, Esquire Law Offices of Eric J. Wiener 2515 N. Front Street Harrisburg, PA 17110 John M. Skrocki, Esquire Bunts, White & Hickton 100 Four Falls, Suite 515 1001 Conshohocken State Road West Conshohocken, PA 19428 THOMAS, THOMAS & HAFER, LLP Date: zAk?62? X?? Stephanie L. Hersperger 17 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA The Estate of Jean Fralish, Plaintiff V. Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center, & Manor Care of Carlisle PA, LLC, Defendants No. 08-3493 civil term CIVIL ACTION - Medical Professional Liability Action Certificate of Merit as to CARLISLE HMA INC. d/b as CARLISLE REGIONAL MEDICAL CENTER I, ERIC J. WIENER, certify that: [X ] 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 this defendant 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; AND/OR [ I the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [ ] expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. `- ?r Date: Eric J. Wiener, Esq. / Attorney for Plaintiffs EXHIBIT C JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA The Estate of Jean Fralish, Plaintiff No. 08-3493 civil term V. Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center, & Manor Care of Carlisle PA, LLC, Defendants Cll'IL ACTION - Medical Professional Liability Action Certificate of Merit as to MANOR CARE OF CARLISLE PA, LLC. I, ERIC J. WIENER, certify that: [X ] 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 this defendant 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; AND/OR [ ] the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowled(Te exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [ ] expert testimony of an appropriate licensed pros the claim against this defendant, Date: Z EXHIBIT D JURY TRIAL DEMANDED Eric J. Wiener, Esq. Attorney for Plaintiffs p.i From:LAW OFFICES OF ERIC J. WIENER 717 909 9009 07/14/2009 15:29 #002 P.001 James L. Fralish, individually, and IN THE COURT OF C0,MNION PLEAS, as personal representative of the CUMBERLAND COUNTY, PENNSYLVANIA Estate of lean Fralish, Plaintiffs No.: 08-3493 civil term vs. : CIVIL ACTION - Medical Professional Liability Action Carlisle HM, Inc., dibia Carlisle Regional Medical Center, & RMY TRIAL DEMANDED Manor Care of Carlisle PA, LLC, Defendants VERIFICATION 1, James L. Fralish, hereby verify that the statements made in the foregoing FOURTH AMENDED COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that the statements in the foregoing document are made subject to the penalties of IS Pa.C.S. § 4904 relating to uwurbrn falsification to authorities. ?/( 4/o r Date Jams L. Fralish James L. Fralish, individually, and as personal representative of the Estate of Jean Fralish, Plaintiffs VS. Carlisle HMA, Inc., d/b/a Carlisle Regional Medical Center, & Manor Care of Carlisle PA, LLC, Defendants : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA No.: 08-3493 civil term CIVIL ACTION - Medical Professional Liability Action JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Arnold S. Bituin hereby certify that on the i of -? y , -y , 2009 I served one (1) copy each of Plaintiff s Fourth Amended Com In aint, upon the person(s) indicated below, by United States mail, first-class, postage pre-Raid which satisfies the requirements of the Pennsylvania Rules of Civil Procedure: John M. Skrocki, Esquire Burns, White & Hickton 100 Four Falls, Suite 515 1001 Conshohocken State Road West Conshohocken, PA 19428 Stephanie L. Hersperger, Esquire Thomas, Thomas & Hafer 305 North Front Street PO Box 999 Harrisburg, PA 17108 ?._ Arnold S. Bituin, Esquire Law Offices of Eric J. Wiener 2515 North Front Street Harrisburg, PA 17110 i-?? ?-? a., ?:'?? T; , ? ? ? , _ _ ? . ? Y ,? , -- ??_._.... _ , ? ?: ;:?? ?. r ?., MARK P. SCOTT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-01321 NANCY J. SCOTT, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, James G. Nealon, 111, Esquire, verify that on the 13th day of March, 2008, I served the Defendant with a true and correct copy of the Complaint for Divorce by one of the following methods: (CHECK ONE) ( X ) Service was made by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery, return receipt requested to the Defendant, on the 13th day of March, 2008. The return receipt signed by the Defendant is attached hereto. ( ) The Defendant was personally served with a true and correct copy of the above pleading by hand-delivering the same to the Defendant. Personal service was made at following location and time: on the day of , 2008 at I verify that the statements made in this affidavit are that false statements herein are made subject to the penalties of 1 unsworn falsification to authorities. , a correct. I understand .A. §4904 relating to James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Dated: 'g`&, /d S t ¦ Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ¦ Print your name and address on the rave rse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A signature sx 0 Agent B. ?teceived by (Printed Name) C. Date of DMNwy N zzN 13-13--oir D. Is dellvfiry address different from item 1? ? Yes H YES, enter delivery address below: ? No !tf/ AIC'' f C 0 -/-J? 1 ZR l ,¢-V Eels v? rs o/ (-i•(/6- Sl& zCI vC- J1 10,4 17001 3. Service Type ? Certified mail ? Express mail ? Registered ? Retum Receipt for Memhww%o ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. ArtldeNumber 7006 2150 0004 2277 3460 '8 Form 3811, Fsbnrsry 2004 DarrnAlc f eM, in.o.ipt 10MMOt.AFlile FILES--' ?rF C;E OF TIDE 2099 AUG 27 P 4 1 I "A I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARK P. SCOTT, Plaintiff V. NO. 2008-01321 CIVIL ACTION - LAW IN DIVORCE NANCY J. SCOTT, Defendant PETITION FOR RELATED CLAIMS AND NOW, comes the Plaintiff, Mark P. Scott, by and through his counsel, James G. Nealon, III, who files the following Petition for Related Claims: COUNT I - EQUITABLE DISTRIBUTION 1. Plaintiff and Defendant possess various items of both real and personal marital property, which is subject to equitable distribution by this court. WHEREFORE, Plaintiff, Mark P. Scott, requests this court to equitably distribute the marital property after an Inventory and Appraisement has been filed by the parties. Respectfully su NEALON By: Date: SIC 'S James G. Nealon, III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 ,as CERTIFICATE OF SERVICE AND NOW, this / day of ,2009, I hereby certify that I have served the foregoing Petition for Related Claims on the following by U.S. Mail: Andrew H. Shaw, Esquire 200 S. Spring Garden, Suite 11 Carlisle. PA 17013 James G. Nealon, III OF THE # F??TFP' ',? ,.)TARY 2009 SEP -3 PH 3* 13 cu; C, .:.. ?.'A"'y PENNSYLVAf?IIA 4aUo.oo Po Ar" 00 slgq ?ti R.4 ausom IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 r l a_r ?. SCb ?`-? Plaintiff Vs. Docket No. 2008-132.1- e-y 1 Vr?nC?/ J . Sdo? Defendant MOTION FOR APPOINTMENT OF MASTER (Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: O Divorce tA Distribution of Property () Annulment ( ) Support rQ Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) a defendanas) as not) appeared in the action (personally) (by his attorney, Andrew Esquire). (3) The Staturory ground (s) for divorce (is) (are) (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: c. The action is contested with respect to the following claims: (5) The action (involves does not involve m lex issues of law or fact (6) The hearing is expected to take I (hours) (days). (7) Additional information, if any, _ relevanto the motion: Date: C( I C1 I C) ct J ame? . I V'+-9JO Aj , Print Attorney Name ......... X (-* AND NOW, , 20 , is appointed master with respect to the following claims: Esquire By the Court: F1LED- k I tF THE ppm -jio IOTARY 2009 SEP ! 1 PM 1,. 5 6 PEN Yi.'V, `?'A SEP 14 2009 6 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. -MO LC b+4- Plaintiff Vs. Moog-13?I- ??/ • Docket No. EX'La??T- Defendant MOTION FOR APPOINTMENT OF MASTER (Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: () Divorce OkDistribution of Property () Annulment () Support Alimony O Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. 9111dr- 'j-) a defendant as) as not) appeared in the action (personally) (by his attorney, (2) Esquire). (3) The Staturory I ground (s) for divorce (is) (are) (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: c. The action is contested with respect to the following claims: (5) The action (involves does not involve m lex issues of law or fact (6) The hearing is expected to take (hours) (days). (7) Additional information, if any, relevant to the motion: .? ame ^Io nJ Date: "1 + q i o q Print Attorney Name ......... x?. va?a+a:1a? a-aa AND NOW, `f , 20 019 is appointed m ster with respect to the following claims: Esquire By the v? G J FOIE' `l ^1 QF T? E RY 2003 SEP 15 A 6.1 3 1 Copo" sn8c??. Q?y a. 1 FILFI7-??P} tiOIE: cf ` 2009 SEP ! i Pik' Cd9 C r1 5 }E 1 401 it tK1rv r} i All MARK P. SCOTT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-1321 CIVIL TERM NANCY J. SCOTT, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO ENTER APPEARANCE - TO THE PROTHONOTARY: Please enter the appearances of Max J. Smith, Jr., Esquire and Jarad W. Handelman, N Esquire as counsel for Mark P. Scott, Plaintiff in the above-captioned matter. 77 Date: January 15, 2010 a Max J. Smith, Jr., Esquir " - r.3 I.D. No. 32114 [TI Jarad W. Handelman, Esquire - ?' n? I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 10" x[29 F 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY LAW DIVISION MARK P. SCOTT, No.: 2008-1321-CIVIL Plaintiff Vs. NANCY J. SCOTT, CIVIL ACTION IN DIVORCE Defendant PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance previously entered on behalf of the Plaintiff, Mark P. Scott. Resper By: James G. Nealon, III Attorney I D # 46457 NEALON LAW FIRM, PC 2411 North Front Street Harrisburg, PA 17110 Dated: //4\"C) FILED-OFF-CE OF THE PPCTW,,110TA,RY 1010 MAR -I PM 2: 32 Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjs@jsdc.com MARK P. SCOTT, Plaintiff VS. NANCY J. SCOTT, Defendant CUMFjLRL. ii'-Z GOU Y i PPNNNSYLVANA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1321 CIVIL TERM : CIVIL ACTION - DIVORCE PRE-TRIAL STATEMENT OF PLAINTIFF, MARK P. SCOTT PURSUANT TO PA.RC.P. 1920.33(b) 1. ASSETS A. MARITAL ASSETS ASSET VAL UE DATE OF VAL UATION NON-MARITAL PORTION LIEN Real Estate: $299,900.00 Present No Yes 1291 Asper (list price) (mortgage Drive balance approx. (Marital $ 80,000.00) Residence) A. MARITAL ASSETS (CONTINUED) ASSET VALVE DATE OF NON-MARITAL LIEN VALUATION PORTION 2002 Mercedes $15,000.00 Present No No Benz (W) (estimated) 401(k) (H) $475,060.981 12/31/09 Yes No Smith Barney $14,800.93 12/31/09 No No Account (Chicago) (J) Smith Barney $500,000.00 12/31/08 No No Account (Wife in (updated balance (Carlisle) (J)Z possession of needed) current statements) Life Insurance - $6,603.75 10/20/09 No Yes Cash Value (loan balance (Policy No. $1,509.24) 12389) 1 Value calculated by deducting all post-separation contributions ($62,996.88) to 401(k), including employee contributions and employer match, from present value. The December 31, 2009 value of the 401(k) was $538,057.86. The post-separation contributions deducted from the 12/31/09 value are summarized as follows: Dates of Contributions Employee Deferrals Employer Match 8/1/04-12/31/04 1/1/05-12/31/05 1/1/06-12/31/06 1/1/07-12/31/07 1/1/08-12/31/08 1/1/09-12/31/09 $3,120.38 $7,873.50 $7,436.59 $6,743.72 $7,014.65 $6,371.08 $1,895.24 $4,724.09 $4,466.05 $4,046.09 $4,208.72 $5,096.77 TOTALS: $38,559.92 $24,436.96 $62,996.88 2 Wife disputes that the Smith Barney Account (Carlisle) is a marital asset. The account was funded by an inheritance received by Wife during the marriage. Husband maintains the account is a marital asset. The proceeds of the inheritance were placed in the jointly titled Smith Barney Account and each party had equal access to the account during the marriage, including the ability of each party to write checks from the account and share in the interest income generated from the account. The parties have always claimed the interest income derived from the account on their joint tax returns, including from 2004 through 2008 during which time Husband paid all income taxes without contribution from Wife. 2 A. MARITAL ASSETS (CONTINUED) ASSET VAL UE DATE OF VALUATION NON-MARITAL PORTION LIEN Life Insurance - $22,550.00 10120109 No Yes Cash Value (loan balance (Policy No. $6,465.88) 3106) Household $2,000.00 Present No No Contents and (estimated value Personalty? of items enumerated in Husband's list) B. NON-MARITAL ASSETS ASSET VALUE DATE OF VAL UATION LIEN REASON FOR EXCLUSION Post-separation Contributions: Post-separation No Increase contributions $62,996.88 resulting from and investment post- growth on Growth: TBD separation 401(k) (H) contributions and/or investment growth on such contributions 3 Husband requests the following items of personalty be distributed to him: two (2) tool boxes used as furniture; tall four (4) drawer file; rocking chair; typewriter (Husband's fathers); Russian painted boxes; apple peeler; copper kettle. B. NON-MARITAL ASSETS (CONTINUED) ASSET VALUE DATE OF LIEN REASON VAL UATION FOR EXCLUSION Post-separation TBD Post-separation No Increase increase in resulting from value of post- investment separation accounts in contributions Part A. II. EXPERT WITNESSES Neither party has identified an expert witness. The marital residence is currently listed for sale. Thus, because the value of the residence for purposes of equitable distribution will be established by the sale price of the home, no real estate appraisal of the property is necessary. The retirement and investment accounts included in the listing of marital assets are all capable of valuation without the testimony or opinion of an expert witness. Plaintiff reserves the right to call an expert witness to estimate any investment performance attributable to the non- marital post-separation contributions to the 401(k), if necessary. Plaintiff reserves the right to retain additional expert witnesses as may be required prior to trial and to cross-examine any expert witness retained by Defendant for trial. 4 III. LIST OF FACT WITNESSES Plaintiff anticipates calling only the parties as witnesses. Plaintiff reserves the right to cross-examine any witness called by Defendant at the time of trial and to offer rebuttal witnesses at the time of trial in response to Defendant's presentation. Plaintiff reserves the right to supplement this response prior to trial. IV. LIST OF EXHIBITS Plaintiff will present statements of all assets listed in Part A. above to substantiate the listed account values and to document the titling of the retirement and investment accounts. 2. Plaintiff will present a Kelly Blue Book Value to substantiate the value of the motor vehicle listed in Part A. above. 3. Plaintiff will present a deed to the real property listed in Part A. 4. Plaintiff will present a copy of the listing agreement relative to the real estate listed in Part A. above. 5. Plaintiff will present mortgage statements documenting the date of separation and current balances of the mortgage encumbering the marital residence. 6. Plaintiff will present documentation establishing the value of any asset and/or liability listed in either of the parties' Inventory and Appraisement. 7. Plaintiff will present a copy of his current paystub and 2009 W-2. 8. Plaintiff will present copies of the parties' joint tax returns and any separate filings made by either party post-separation, if applicable. 9. Plaintiff reserves the right to supplement this response prior to trial and offer additional exhibits at the time of trial. V. PARTIES' INCOMES Plaintiff will present his Income and Expense Statement, as well as proof of current income, at the time of trial. Plaintiff's 2009 W-2 income was $125,235.15. Defendant will be cross-examined as to her Income and Expense Statement at the time of the Master's Hearing. It is believed and therefore averred that Wife's income is approximately $750.00 to $800.00 per month derived from Social Security. In addition, Defendant has received monthly support from Plaintiff since August 2004 in the amount of $2,500.00. VI. PARTIES' EXPENSES Plaintiff will present his Income and Expense Statement at the time of the Master's Hearing documenting his expenses. Defendant will be cross-examined as to her Income and Expense Statement at the time of the Master's Hearing as well. VII. VALUATION OF RETIREMENT ASSETS The retirement assets listed in Part A. are capable of valuation by reference to the statements for said accounts, without the need for expert valuation. Statements of the retirement and investment assets will be presented at the time of trial. 6 VIII. COUNSEL FEES The parties should be responsible for their own counsel fees. An award of attorney fees to either party is not warranted in this case. IX. PERSONAL PROPERTY The parties anticipate being able to divide their personal property equitably, without addressing such property in the Master's proceeding or further involvement from the Court. To the extent they cannot, Plaintiff reserves the right to submit valuation of specific items of personal property to the Master and/or to request a distribution of such property to Plaintiff as part of the equitable distribution in the case. Plaintiff has requested distribution of the assets enumerated in Part A., footnote three (3) above. X. MARITAL DEBTS DEBT AMOUNT AS OF DOS DATE DEBT INCURRED INITIAL AMOUNT OF DEBTIPURPOSE PAYMENTS SINCE DOS EVIDENCE Mortgage $80,000.00 During Purchase of home By Wife since Statements (VNB (estimated Marriage DOS Mortgage current Services) balance) DOS Balance (TBD) Taxes TBD During Real estate taxes By Wife since Statements Marriage on marital DOS residence (not escrowed) 7 XI. PROPOSED ECONOMIC RESOLUTION Plaintiff proposes a 50150 division of the parties' marital property. Defendant is not entitled to alimony based upon application of the relevant factors under Section 3701 of the Divorce Code. Each party shall pay his or her respective attorney fees. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY LLP Date: March 1, 2010 By: * A, MAX J. SMITH, JR. SQUIRE I.D. No. 32114 JARAD W. HANDELMAN, ESQUIRE I.D. No. 82629 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff, Mark P. Scott 8 MARK P. SCOTT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-1321 CIVIL TERM NANCY J. SCOTT, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 1St day of March, 2010, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Pre-Trial Statement of Plaintiff by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Office of Divorce Master Attn: E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013-3014 Andrew H. Shaw, Esquire 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 y MAX J. SMITH, JR., squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 MARK P. SCOTT, Plaintiff vs. NANCY J. SCOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1321 CIVIL TERM n b :CIVIL ACTION -LAW ~ ~ IN DIVORCE " ~` ~ L'~ r ' ~, N +~ '~ ~ AFFIDAVIT OF CONSENT AND :_~ ~-' ~ WAIVER OF COUNSELING '''~ ~ N =~ ~" 1. A Complaint in Divorce under Section 3301(c) and 3301(d) of the Divorce Code was filed on February 28, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that t,','~~~^f} -F;.T f.~~ c, ~m I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: June Z2 , 2010 M P. SCOTT MARK P. SCOTT, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-1321 CIVIL TERM NANCY J. SCOTT, :CIVIL ACTION -LAW G Defendant IN DIVORCE -v ~ c..._ m~,; cv r~ - , ~ R, ~_ ~. N c~~ ~-~ ~ ~_ ~ WAIVER OF NOTICE OF INTENTION TO REQUEST ~=~' ~ v _~ ~-~,=' ENTRY OF A DIVORCE DECREE UNDER ~ `-' ~ '7 c~ '"'' §3301(c) OF THE DIVORCE CODE ~' ~_ ~' 3 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: June 'ZZ-- , 2010 ~ °`~ ~ f c.~(,~' MARK P. SCOTT MARK P. SCOTT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2008-1321 CIVII, TERM c o NANCY J. SCOTT, :CIVIL ACTION -LAW ~~ `-~ r ~-' ~ ~ Defendant IN DIVORCE ~. ,Y _~_ ~:~ ~r ~ ~ -~~, ~~~ ~ ,y ~'' ~ {~ -r ~' AFFIDAVIT OF CONSENT AND ~ rv ~ WAIVER OF COUNSELING ~ ~- 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 28, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: June ~, 2010 " i~ ~~ NANCY J. C TT C'7 C v b ~~. MARK P. SCOTT, S'. IN THE COURT OF COMMON >~S ~ Plaintiff :CUMBERLAND COUNTY PEr~LV~TIA~' ~ , . r.Ja ~' ~C% .C" ~~ -r~'T vs. N0.2008-1321 CIVII, TERM ~; -, -v z y`' _'-~ ~~ . ~~ ~ ~ NANCY J. SCOTT, :CIVIL ACTION -LAW ~ ,~ Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF TbIE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: June ~, 2010 ~~G~~"' NANCY J. S MARK P. SCOTT, Plaintiff vs. NANCY J. SCOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 1321 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this J~ ~ day of , 2010, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated June 14, 2010, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Kevin A. Hess, P.J. cc: `Max J. Smith, Jr. ,,.,,, Attorney for Plaintiff G d `n ~ Andrew H . Shaw ~~` s-`~ _T ~m Attorney for Defendant ,v, _ ~ - ;!?; N _: ; ~. . C -t7 is '' C._ Ste? ~G MARK P. SCOTT v. NANCY J. SCOTT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1321 CIVIL TERM DIVORCE DECREE AND NOW, ~ ~` `L~ 2010 , it is ordered and decreed that MARK P. SCOTT ,plaintiff, and NANCY J. SCOTT ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Marital Settlement Agreement dated 14 June 2010, is hereby incorporated into the Final Divorce Decree. Rv the r~~ ~rt ~ - as - r~ ~ ~ z ~ a~,'~