The URL can be used to link to this page

Home My WebLink About09-5642OSTROFF INJURY LAW, PC By: Richard H. Hausman, Esquire Attorney ID No. 58920 527 Plymouth Road, Suite 413 Plymouth Meeting, PA 19462 610-279-7000 Attorneys for Plaintiffs THIS IS AN ARBITRATION MATTER. LILLIAN G. HOCKENSMITH, a Minor, by her Parents: and Natural Guardians, MELISSA S. HAUBERT and ROBERT HOCKENSMITH, and ROBERT HOCKENSMITH and MELISSA S. HAUBERT, h/w, in their own right. 1144 Newville Road Carlisle, PA 17013 VS. QUALITY CARE PHARMACY, INC. 219 N. Baltimore Avenue Mount Holly Springs, PA. 17065 And WALNUT BOTTOM MEDICAL CENTER, LLC 219 N. Baltimore Avenue Mount Holly Springs, PA. 17065 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW (A -Ncq Q Civi (T&x'? NOTICE TO DEFEND 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 AN 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 i STEPHEN L. BANKO, JR., ESQUIRE Pa. Supreme Court I.D. No. 41727 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 760-7501 Facsimile: (717) 975-8124 E-mail: sbankofa?margolisedelstein.com Attorney for Defendant Walnut Bottom Medical Center, LLC LILLIAN HOCKENSMITH, a Minor, by her Parents and Natural Guardians, MELISSA S. HAUBERT and ROBERT HOCKENSMITH, h/w, and MELISSA S. HAUBERT and ROBERT HOCKENSMITH, in their own right, Plaintiffs QUALITY CARE PHARMACY, INC., and WALNUT BOTTOM MEDICAL CENTER, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 09-5642 Civil Term V. Defendants : TO THE PROTHONOTARY: Please enter the appearance of Stephen J. Banko, Jr., Esquire of Margolis Edelstein on behalf of Defendant Walnut Bottom Medical Center, Inc., only. EDELSTEIN By: SteNIeb(L. nko, Jr. Attorney for 'Defendant, Walnut Bottom Medical Center, LLC Date: September 22, 2009 I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, and addressed as follows: Richard H. Hausman, Esquire Ostroff Injury Law, PC 527 Plymouth Road, Suite 413 Plymouth Meeting, PA 19462 Kevin McNamara, Esquire Thomas, Thoms & Hafer PO Box 999 Harrisburg, PA 17108-0999 MARGOLIS EDELSTEIN By: Angela, A. elly, Secretar Date: September 22, 2009 OF THE 2009 S EP 23 M 2: L CuP,t _ t ?? OSTROFF INJURY LAW, PC By: Richard H. Hausman, Esquire Attorney ID No. 58920 527 Plymouth Road, Suite 413 Plymouth Meeting, PA 19462 610-279-7000 Attorneys for Plaintiffs THIS IS AN ARBITRATION MATTER. i ILI IAN G. HOCKENSMITH, a Minor, by her Parents: and Natural Guardians, MELISSA S. HAUBERT and ROBERT HOCKENSMIT I, and ROBERT HOCKENSMITH and MELISSA S. HAUBERT, h/w, in their own right. 1144 Newville Road Carlisle, PA 17013 VS. QUALITY CARE PHARMACY, INC. 219 N. Baltimore Avenue Mount Holly Springs, PA. 17065 And WALNUT BOTTOM MEDICAL CENTER, LLC 219 N. Baltimore Avenue Mount Holly Springs, PA. 17065 COMPLAINT CIVIL ACTION - LAW The plaintiffs, Lillian G. Hockensmith, a minor, by her parents and natural guardians, Robert Hockensmith and Melissa S. Haubert, and Robert Hockensmith and Melissa S. Haubert, h/w, in their own right, by their attorney, Richard H. Hausman, Esquire, bring this suit upon a cause of action whereof the following is a statement: 1. The plaintiff, Lillian G. Hockensmith, is a minor, who resides with her parents and natural guardians, Robert Hockensmith and Melissa S. Haubert, at 1144 Newville Road, Carlisle, Cumberland County, PA 17013. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2. The plaintiffs, Robert Hockensmith and Melissa S. Haubert, h/w, are adult individuals who reside at 1144 Newville Road, Carlisle, Cumberland County, PA 17013. 3. The defendant, Quality Care Pharmacy, Inc. is, on information and belief, a corporation authorized to do business within the Commonwealth of Pennsylvania, with its principal place of business located at 219 North Baltimore Avenue, Mount Holly Springs, Cumberland County, PA. 17065. 4. The defendant, Walnut Bottom Medical Center, LLC is, on information and belief, a corporation authorized to do business within the Commonwealth of Pennsylvania, with its principal place of business located at 219 North Baltimore Avenue, Mount Holly Springs, Cumberland County, PA. 17065, at all times relevant hereto was the owner of Quality Care Pharmacy, Inc. 5. On or about August 13, 2008, Melissa S. Haubert took her minor daughter, Lillian Hockensmith who was just one week past her first birthday, to J. Lynn Hoffman, M.D. of Carlisle Pediatric Associates for treatment due to a fever, runny nose, green discharge from her eyes and a cough. Dr. Hoffman prescribed Ciloxin and Albutoral. 6. On or about August 13, 2008, Melissa S. Haubert turned in the prescriptions for Ciloxin and Albutoral to the pharmacist on duty at the defendant, Quality Care Pharmacy, located at 1 Sprint Drive, Carlisle, Cumberland County, Pennsylvania for the medication prescribed by Dr. Hoffman. 7. On or about August 13, 2008, defendant, Quality Care Pharmacy, by and through their agents, servants and/or employees, dispensed to plaintiffs Diphenoxylate/Atropine TA which is contraindicated for children below the age of two (2) and was not one of the medications prescribed by Dr. Hoffman. 8. Plaintiff, Melissa S. Haubert, administered one dose to the minor plaintiff before realizing it was not the medication prescribed by Dr. Hoffman. 9. As a result of ingesting the incorrect medication, the minor plaintiff experienced vomiting, and at the direction of the Poison Control Center, was immediately taken to Carlisle Regional Medical Center for emergency treatment. COUNT I - NEGLIGENCE MINOR PLAINTIFF. BY HER PARENTS VS DEFENDANTS 10. Minor plaintiff, Lillian Hockensmith, through her parents and natural guardians, Robert Hockensmith and Melissa S. Flaubert, incorporate by reference the allegations contained in paragraphs one (1) through nine (9) inclusive, as fully as though the same were hereinafter set forth at length. 11. At all times material to this action, the Diphenoxylate/Atropine TA was sold to plaintiffs by the named defendant, by and through their agents, servants and/or employees working within the course and scope of their employment. 12. The incident of August 13, 2008 and the resulting injuries and damages to the minor plaintiff was caused by, or was the direct proximate cause of, the negligent and careless conduct or breach of warranties of the defendant as follows: a. in dispensing the wrong medication; b. in failing to properly inspect the product to prevent dispensing incorrect medication intended for a minor; C. in negligently failing to warn or advise plaintiffs that they had been given the incorrect medication and/or another customer's medication, which the defendant was aware or, in the exercise of reasonable care, should have been aware; d. in negligently and improperly dispensing the product that defendant knew or should have known was likely to cause injury to a person for whom it was not prescribed; g. in selling a product, the defective condition of which was not obvious to the plaintiffs; h. in failing to provide proper and adequate warnings to purchasers of the product; i. in being otherwise careless and negligent under the circumstances. 13. Solely as a result of the negligence and carelessness of defendants, and their breach of warranties, the minor plaintiff sustained serious injuries to her body and limbs, with a severe reaction to the improper medication causing neurological deficits and breathing disruptions, which injuries have caused and will in the future cause minor plaintiff pain and suffering, physical and mental anguish, and disability. 14. As a result of the negligence and carelessness of defendants, minor plaintiff, Lillian Hockensmith, has and may suffer an impairment of her earning capacity and power, which impairment of earning capacity and power. 15. As a direct result of the aforesaid negligence and carelessness of defendants, minor plaintiff, Lillian Hockensmith, has and will hereinafter incur additional financial and/or medical expenses or losses to treat and cure her injuries. WHEREFORE, plaintiffs, Lillian G. Hockensmith, a minor, by her parents and natural guardians, Robert Hockensmith and Melissa S. Haubert, and Robert Hockensmith and Melissa S. Haubert, h/w, in their own right, demand judgment against defendants for an amount not in excess of Fifty Thousand Dollars ($50,000.00) plus costs, interest and counsel fees as permitted by law. COUNT II - NEGLIGENCE PLAINTIFFS ROBERT HOCKENSWM AND MELISSA S. HAUBERT In their Own Right VS DEFENDANTS 16. Plaintiffs, Robert Hockensmith and Melissa S. Haubert, incorporate by reference the allegations contained in paragraphs one (1) through fifteen (15) inclusive, as fully as though the same were hereinafter set forth at length. 17. By reason of the injuries set forth above, the plaintiffs were obliged to expend various sums of money for medicine and medical attention in an endeavor to treat and cure minor plaintiff's injuries, and may in the future require additional care. 18. At the time of the incident of which complaint is herein made, the plaintiffs, Robert Hockensmith and Melissa S. Haubert, were regularly employed and, as a result of the injuries received by minor plaintiff, have been prevented and will in the future be prevented from attending to their routine employment, resulting in a loss of earnings and earning power. WHEREFORE, the plaintiffs, Robert Hockensmith and Melissa S. Flaubert, demand judgment against defendants for an amount not in excess of Fifty Thousand Dollars ($50,000.00) plus costs, interest and counsel fees as permitted by law. OSTROFF INJURY By: Date: U 7 lo .W, PC Attorney for Plaintiffs VERIFICATION We, Robert Hockensmith and Melissa S. Haubert, verify that we are the plaintiffs named in the foregoing action and that the facts set forth in the foregoing document are true and correct to the best of our knowledge, information and belief . We understand that any false statements made therein are subject to the provisions of 18 Pa. C.S. §4904 relative to unworn falsification to authorities. .r Robert Hoc c nsmith, Individually and as Parent and Natural Guardian of the Minor Plaintiff, Lillian G. Hockensmith Melissa S. Haubert, Ind idually and as Parent and Natural Guardian of the Minor Plaintiff, Lillian G. Hockensmith Date: ` y O 9 OF ?2M AUG 13 fM 2: 3 7 'I'm N * I%. so Pr!? ATr! 14051 aaq 18os F? Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Lillian G. Hockensmith vs. Quality Care Pharmacy, Inc. ?a?;At1p at ?ittnbrr???j? OFFICE T-E ?-.RIFF R F()-CV j,: OF THE P7R,,) !Cj",,t}TARY 1009 AUG 19 APB 9: 13 CLIMkt Li?',i GOLINTY PENINZYLVAN A Case Number 2009-5642 SHERIFF'S RETURN OF SERVICE 08/14/2009 12:57 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 14, 2009 at 1257 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Quality Care Pharmacy, Inc., by making known unto Tim Gingrich, Pharmacist,at 219 N. Baltimore Avenu%Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/14/2009 12:57 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 14, 2009 at 1257 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Walnut Bottom Medical Center, LLC, by making known unto Tim Gingrich, Pharmacist,at 219 N. Baltimore Avenues Mount Holly Springs, Cumberland County, Pennsylvania 17065 it; contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $50.30 SO ANSWERS, 000,04 F August 17, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant Quality Care Pharmacy, Inc. LILLIAN G. HOCKENSMITH, a Minor, by her Parents and Natural Guardians, MELISSA S. HAUBERT and ROBERT HOCKENSMITH, and ROBERT HOCKENSMITH and MELISSA S. HAUBERT, husband and wife, in their own right, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Oq - 5"A NO.-2968-66767-- Plaintiffs V. QUALITY CARE PHARMACY, INC. and WALNUT BOTTOM MEDICAL CENTER, LLC, Defendants CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendant Quality Care Pharmacy, Inc. in the above matter. THOMAS THOMAS 8 HAFER, LLP By. r C / Kevin C. McNamara, Esquire I.D.#72668 Attorneys for Defendant Quality Care Pharmacy, Inc. DATE: q1>10 730949-1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, on the `? w day of 2009: Richard H. Hausman, Esquire Ostroff Law Firm, PC 527 Plymouth Road, Suite 413 Plymouth Meeting, PA 19462 Walnut Bottom Medical Center, LLC 219 North Baltimore Avenue Mount Holly Springs, PA 17065 THOMAS, THOMAS & HAFER, LLP C' CX1 V?l By: Kevin C. McNamara, Esquire 730949-1 A LED- `('!vi- 2009 ?E' -3 I'i'i 12 rTy W , r THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant Quality Care Pharmacy, Inc. LILLIAN G. HOCKENSMITH, a Minor, by her Parents and Natural Guardians, MELISSA S. HAUBERT and ROBERT HOCKENSMITH, and ROBERT HOCKENSMITH and MELISSA S. HAUBERT, husband and wife, in their own right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0_ gito- NO: -2608=0II70T CIVIL TERM JURY TRIAL DEMANDED V. QUALITY CARE PHARMACY, INC. and WALNUT BOTTOM MEDICAL CENTER, LLC, Defendants NOTICE TO PLEAD TO: Plaintiffs and Counsel: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: (-"A 5J Kevin C. McNamara, Esquire I.D.#72668 Attorneys for Defendant Quality Care DATE: Pharmacy, Inc. r THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant Quality Care Pharmacy, Inc. LILLIAN G. HOCKENSMITH, a Minor, by her Parents and Natural Guardians, MELISSA S. HAUBERT and ROBERT HOCKENSMITH, and ROBERT HOCKENSMITH and MELISSA S. HAUBERT, husband and wife, in their own right, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0?_ qj y-,, NO-70e8=00707- Plaintiffs V. QUALITY CARE PHARMACY, INC. and WALNUT BOTTOM MEDICAL CENTER, LLC, Defendants CIVIL TERM JURY TRIAL DEMANDED QUALITY CARE PHARMACY, INC.'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes Quality Care Pharmacy, Inc., by and through its attorneys, Thomas, Thomas & Hafer, LLP, and answers Plaintiffs' Complaint as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 2. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 3. Admitted. 4. This allegation is directed to a party other than Answering Defendant and, therefore, no response is required. 5. Admitted in part and denied in part. It is admitted that prescriptions for Ciloxan and Albuterol were delivered to the Answering Defendant and that the prescriptions came from Carlisle Pediatric Associates. As to the balance of the details set forth in this paragraph, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 6. Admitted. 7. Denied as stated. On August 13, 2008, in addition to giving Meilssa Haubert the two medications she sought, an employee of the Answering Defendant mistakenly gave her an additional prescription bottle containing Diphenoxylate/Atropine TA. It is admitted that this medication is contraindicated for children under the age of two; this fact was clearly set forth on the pill bottle that was given to Ms. Haubert. 8. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. However, by way of further answer, the bottle containing this medication was labeled for a patient other than Lillian Hockensmith and had a clearly legible written warning on it that it was not to be given to children under the age of two. 9. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 731099-1 2 COUNT I - Negligence Minor Plaintiff, by her Parents v. Defendants 10. Answering Defendant hereby incorporates its answers to Paragraphs 1 through 9 as if fully set forth herein. 11. Denied as stated. This medication was inadvertently given to Ms. Haubert by an employee of the Answering Defendant. 12a-i. Admitted in part and denied in part. It is admitted that an employee of the Answering Defendant inadvertently gave Ms. Haubert an incorrect medication. The balance of the allegations are denied, as are any allegations that conduct of the Answering Defendant or its agents, servants or employees was a substantial factor or factual cause of any damages or injuries to the Plaintiffs. 13-15. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant Quality Care Pharmacy, Inc. respectfully requests that Count I of Plaintiffs' Complaint be dismissed without cost to it. COUNT 11 - Negligence Robert Hockensmith and Melissa Haubert v. Defendants 16. Answering Defendant hereby incorporates its answers to Paragraphs 1 through 15 as if fully set forth herein. 17-18. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. WHEREFORE, Defendant Quality Care Pharmacy, Inc. respectfully request that Count II of Plaintiffs' Complaint be dismissed without cost to it. 731099-1 3 NEW MATTER 19. No acts or failures to act on the part of Quality Care Pharmacy, Inc. or its employees were a substantial factor or factual cause of any injuries to Lillian Hockensmith. 20. By properly labeling the bottle and including appropriate warnings with the medication inadvertently dispensed to Melissa Haubert, Quality Care Pharmacy, Inc. discharged its legal duty to warn the Plaintiffs of the characteristics and hazards associated with the medication that was allegedly given to Lillian Hockensmith. 21. Based upon the labeling and warnings that accompanied the Diphenoxylate/Atropine TA, Quality Care Pharmacy, Inc. owed the Plaintiffs no duty. 22. Plaintiffs' claims, the existence of which is specifically denied by Answering Defendants, may be reduced and/or limited by any collateral source of compensation and/or benefit in accordance with the Pennsylvania Supreme Court decision in Moorhead v. Crozier Chester Medical Center. 23. Answering Defendant raises and asserts all affirmative defenses and other protections available under the Medical Care Availability and Reduction of Error (Mcare) Act a/k/a Act 13 of 2002 as a limit%bar to Plaintiffs' claims. WHEREFORE, Quality Care Pharmacy, Inc. demands judgment in its favor. CROSSCLAIM 24. When Ms. Haubert gave the prescriptions for Lillian Hockensmith to the Answering Defendant, she gave Answering Defendant's employee two prescriptions, one for Albuterol and the other for Ciloxan. 25. When Ms. Haubert picked up her prescriptions, she picked up three prescriptions, Albuterol, Ciloxan and the anti-diarrhea medicine, Diphenoxylate/Atropine TA. 731099-1 4 26. The Albuterol and Ciloxan prescriptions that Ms. Haubert received were clearly marked that they were for Lillian Hockensmith. 27. The Diphenoxylate/Atropine TA prescription that Ms. Haubert was inadvertently given had labeling on it for a different patient at a different address and required a $4 copay. 28. The information provided with the Diphenoxylate/Atropine TA included a clear warning: "Do not use in children under two years." 29. The incident and all of the injuries and damages alleged in the Plaintiffs' Complaint were solely and exclusively caused by the negligence and carelessness of Melissa Haubert, said negligence consisting of the following: a. failing to notice that she had been dispensed more medications than she had turned in to the pharmacy; b. failing to read the label on the Diphenoxylate/Atropine TA before trying to give this medication to her daughter; C. failing to read the clearly posted warnings that accompanied the Diphenoxylate/Atropine TA and to realize that it was not to be given to a child under two years of age; d. giving a pill to a baby; e. failing to call the doctor for clarification after she knew or should have known that she had more prescriptions than what the doctor had written; f. failing to call the pharmacy after she knew or should have known that an extra and incorrect prescription had been given to her; and g. failing to exercise the level of care and attention expected from the mother of a one year old child. 30. All of the injuries and damages allegedly sustained by Lillian Hockensmith were 731099-1 5 directly attributable to the conduct of Melissa Haubert and if any damages were sustained, she is solely liable therefor or, in the alternative, she is jointly and severally liable with the Answering Defendant, liable over to Answering Defendant or liable to Answering Defendant for contribution. WHEREFORE, Quality Care Pharmacy, Inc. demands judgment in its favor Respectfully submitted, DATE: 6 f THOMAS, THOMAS & HAFER, LLP By: CV1?+? l Kevin C. McNamara, Esquire I . D.#72668 P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant Quality Care Pharmacy, Inc. 731099-1 6 VERIFICATION I, CAL ?AICAt state that I am an authorized representative of QUALITY CARE PHARMACY, INC., that I make this Verification on behalf of QUALITY CARE PHARMACY, INC., and that I am familiar with the facts set forth in the foregoing document. I have read the foregoing document and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification is made pursuant to 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. QUALITY ARE PHARMACY, INC. By: DATE: ee)4?/dq 1571-1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, on the; day of/yav-vvn 60, , 2009: Richard H. Hausman, Esquire Ostroff Law Firm, PC 527 Plymouth Road, Suite 413 Plymouth Meeting, PA 19462 Stephen L. Banko, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP By: Kevin C. McNamara, Esquire 731099-1 7 I LEHv 1, Iii.-+i Il.,'4 TPE 2009 NOY -6 PH 1: 44 GUM r OSTROFF INJURY LAW, PC By: Richard H. Hausman, Esquire Attorney ID No. 58920 527 Plymouth Road, Suite 413 Plymouth Meeting, PA 19462 610-279-7000 Attorneys for Plaintiffs THIS IS AN ARBITRATION MATTER. LILLIAN G. HOCKENSMITH, a Minor, et al IN THE COURT OF COMMON PLEAS OF CUMBERLAND vs. COUNTY, PENNSYLVANIA QUALITY CARE PHARMACY, INC., et al CIVIL ACTION - LAW NO. 09-5642 PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT, QUALITY CARE PHARMACY, INC. The plaintiffs, by and through their attorneys, reply to defendant, Quality Care Pharmacy, Inc.'s New Matter as follows: 19. Denied. The allegations contained in this paragraph are conclusions of law to which no response is required, and strict proof thereof is demanded at trial. 20. Denied. The allegations contained in this paragraph are conclusions of law to which no response is required, and strict proof thereof is demanded at trial. 21. Denied. The allegations contained in this paragraph are conclusions of law to which no response is required, and strict proof thereof is demanded at trial. 22. Denied. The allegations contained in this paragraph are conclusions of law to which no response is required, and strict proof thereof is demanded at trial. 23. Denied. The allegations contained in this paragraph are conclusions of law to which no response is required, and strict proof thereof is demanded at trial. WHEREFORE, plaintiffs demand judgment against defendant, Quality Care Pharmacy, Inc., as set forth in the Complaint filed on their behalf. OSTROFF INJURY LAW By: R c rd"H. Hausman, Esquire Attorney for Plaintiffs Date: November 11, 2009 VERIFICATION I, Richard H. Hausman, Esquire, hereby verify that I am an attorney for Plaintiffs named in the foregoing action, and that I am authorized to make this verification on their behalf, and that the statements made in the foregoing Reply to New Matter are solely from my knowledge of the file and record of this case as known by Plaintiffs and are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Rich r H. Hausman, Esquire, Attorney for Plaintiffs Dated: / O