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HomeMy WebLinkAbout10-0552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYr PENNSYLVANIA CIVIL ACTION - LAW WILLIAM MCLAUGHLIN, Plaintiff VS TERESA LAW, and DOCTOR BLEVINS, Defendants 1. PARTIES: No. JURY TRIAL DEMANDED C O M P L A I N T 1. William McLaughlin (DOC# HP-2381), pro se Plaintiff, is an individual prisoner, currently incarcerated at the State Correctional Institution @ Rockview ("SCI-Rockview"), Box A, Bellefonte, Centre County, Pennsylvania 16823. 2. Defendant Teresa Law is a licensed Professional, employed at SCI-Camp Hill, P.O. Box 598, Cumberland County, Camp Hill, Pennsylvania 17001. 3. Doctor Blevins, is a licensed Professional, at the relevant time herein, was employed at SCI-Camp Hill, P.O. Box 598, Cumberland County, Camp Hill Pennsylvania 17001, as a Doctor. -1- II. VENUE: 4. venue is proper in this Court pursuant to Pa.C.Civ.P., Rule 1006(a) & (a.1), in that the cause of action arose and took place in Cumberland County, Pennsylvania. III. FACTS: 5. In August-2008 Plaintiff was an inmate at SCI-Camp Hill (Inst. No. HP-2381), P.O. Box 598, Cumberland County, Pennsylvania. 6. In August-2008, while exercising in the prison yard, Plaintiff injured his knee (Exact dates will be provided upon obtaining records/discovery). 7. Plaintiff was taken to the prison infirmary on that very day of injury. Where the attending physician examined Plaintiff's knee, and suggested that Plaintiff's quadricep was ruptured. (Attending physician's identity will be provided upon obtaining records/discovery). 8. The attending prison infirmary physician stated Plaintiff required surgery. And immediately arrangements for Plaintiff to be taken to a local hospital - Holy cross. 9. Plaintiff was escorted by two correction officers to the Holy Cross Emergence Room ("ER") that same day. 10. The attending Physician in the Holy Cross ER confirmed that Plaintiff had ruptured his quadricep. That immediate surgery was necessary. -2- 11. The attending physician in the Holy Cross ER, prior to surgery stated that, in order to determine the extent of the rupture, an M.R.I. is necessary. 12. The attending physician in the Holy Cross ER stated that the M.R.I. would take approximately two hours. 13. The two correction officers accompanying Plaintiff rejected the M.R.I.? stating they could not wait, because their shift was getting ready to change. That they would instead return Plaintiff to SCI-Camp Hill. 14. The attending Holy Cross ER physician advised against Plaintiff being returned to SCI-Camp Hill with the condition of the Knee. 15. The attending Holy Cross ER physician fitted Plaintiff's leg with an immobilizer and crutches, pain medication. Plaintiff was then returned to SCI-Camp Hill, and placed in the prison infirmary. 16. In September-2008, approximately six weeks subsequent the initial injury, Plaintiff was escorted from SCI-Camp Hill to memorial Hospital, in York, Pennsylvania, where an M.R.I. was taken of Plaintiff's injury. And Plaintiff was immediately returned to the prison infirmary at SCI-Camp Hill. 17. In October-2008, approximately three weeks subsequent the M.R.I., Plaintiff was escorted by correction officers from SCI-Camp Hill, to Doctor Sullivan, an orthopedic specialist, in -3- York, Pennsylvania. 18. Upon examination by Dr. Sullivan, Dr. Sullivan questioned "When did this happen?" and "Why [I] haven't had surgery yet?"; 19. Upon Plaintiff explaining the concerned events & time-liner Dr. Sullivan expressed his disagreement in the lack of treatment; 20. Dr. Sulliavn stated that Plaintiff's injury was difficult to repair when done immediately; that the delayed treatment complicated the surgery further, in that the quadricep has deteriorated and shrunk; 21. Dr. Sullivan stated that he wanted to perform the necessary surgery "today." That the hospital was adjacent his office; that he would make arrangements for Plaintiff to be immediately admitted to the adjacent Hospital. That Dr. Sullivan would close his office, and perform the said surgery that day; 22. At the mention of Plaintiff being admitted in the adjacent Hospital, the correction officers accompanying Plaintiff interjected, and advised that their orders from SCI-Camp Hill was limited to Dr. Sullivan's office; that Dr. Sullivan should telephone SCI-Camp Hill, and advise of the immediate necessity for the said surgery. C.O. Washington provided Dr. Sullivan with a telephone number; 23. Dr. Sullivan took the telephone number from C.O. -4- Washington, went into an adjacent office. Shortly thereafter Dr. Sullivan returned, advised that he spoken to Defendant Blevins; stating Dr. Blevins did not want the surgery done "today"; that the Medical Department at SCI-Camp Hill will make arrangements for the surgery; 24. Plaintiff was returned to SCI-Camp Hill prison infirmary. 25. In November-2008 Plaintiff was taken from SCI-Camp Hill to Memorial Hospital, YoRk, Pennsylvania. Where Dr. Sullivan, assisted by a second surgeon, performed the surgery on Plaintiff's ruptured quadricep. 26. In December-2008 Plaintiff was returned to Dr. Sullivan's Office in York, Pennsylvania, from a "follow-up" examination on his surgery; 27. During the December-2008 follow-up examination, Dr. Sullivan questioned Plaintiff as to "How things were with the 'Physical Therapist?"; 28. Dr. Sullivan advised Plaintiff during the December-2008 follow-up examination that his Medical Orders, post-surgery of Plaintiff's ruptured quadricep, required SCI-Camp Hill's Medical Department to provide Plaintiff with physical therapy. 29. While being housed in the prison infirmary at SCI-Camp Hill, in December-2008, Dr. Blevins pronounced Plaintiff -5- physically well for release from the prison infirmary. 30. On December 22, 2008, Plaintiff was transferred from SCI-Camp Hill to SCI-Rockview. At which time he required the assistance of a leg-brace. 31. In January-2009 Plaintiff was taken from SCI-Rockview to Dr. Sullivan's medical office; at which time Plaintiff was wearing the leg-brace. 32. During the January-2009 follow-up examination, Dr. Sullivan advised Plaintiff that the leg-brace was "probably" no longer required; 33. During the January-2009 follow-up examination, Dr. Sullivan removed the leg-brace, and found Plaintiff's leg & knee to be weak and swollen; 34. During the January-2009 follow-up examination, upon finding the Plaintiff's leg & knee and swollen, Dr. Sullivan stated said condition is the result of prolonged [delayed] surgery and no physical therapy. 35. On June 22, 2009, Plaintiff visited the medical department at SCI-Rockview, where he complained of pain in his knee and swelling. 36. On June 22, 2009, the medical department at SCI-Rockview prescribed Plaintiff Ibuprofen for the pain in his quadricep/knee; Plaintiff was also provided a knee-brace -- to reduce the swelling. -6- 37. On October 1, 2009, Plaintiff complained to the medical department at SCI-Rockview of pain, swelling and weakness in his quadricep/knee; 38. The Physician Assistant ("PA") at SCI-Rockview's infirmary found Plaintiff's quadricep/knee to be weak & swollen during the October 1, 2009 examination. 39. The PA at SCI-Rockview's October 1, 2009 examination questioned Plaintiff "What the physical therapist said about that weakness and swelling?" 40. On October 3, 2009, an X-ray was taken at SCI-Rockview of Plaintiff's knee/quadricep. STATEMENT OF PLAINTIFF: 41. During the examination at Holy Cross Hospital's ER in August-2008 (49 above), the ER Physician advised Plaintiff delayed surgery would result in 60% loss of recovery - rehabilitation of Plaintiff's knee; 42. During the examination in October-2008 of Plaintiff's injury, Dr. Sullivan advised Plaintiff that full-recovery of the knee was limited - due to the delay in surgery: That the ruptured quadricep had receded an extreme distance; that pulling the ruptured quadricep back into position was consequently unlikely. 43. Immediately following the November-2008 surgery (425) Dr. Sullivan informed Plaintiff that the ruptured quadricep had receded to a point where Dr. Sullivan required the assistance of a second surgeon to pull the quadricep from its receded position; -7- 44. Following the November-2008 surgery, Dr. Sullivan advised Plaintiff that, due to the delayed surgery, the ruptured quadric,ep could not be re-positioned; that consequently Plaintiff will suffer at least 50% limitation of the concerned knee/leg. 45. During the December-2008 follow-up examination (¶26), Dr. Sullivan stated that, the immediate surgery of August-2008 (gT12-13) would have provided Plaintiff with total recovery. 46. Plaintiff asserts that he was not advised, nor provided physical therapy for his injured quadricep/knee until one-year subsequent the surgery. IV. COUNTS AGAINST DEFENDANT TERESA LAW: 47. Plaintiff incorporates herein by reference all facts, statements and avertments in above paragraphs 1 through 46, as if set forth fully herein, and states the following: COUNT-1: Defendant Teresa Law, in her individual and corporate capacity, acted with gross-negligence in her professional duties to provide Plaintiff the timely surgery concerned herein; COUNT-2: Defendant Teresa Law, in her professional and corporate capacity, committed medical malpractice, when Defendant Law failed to utilize her professional skills and knowledge, to provide Plaintiff the timely care/surgery for the herein concerned injury; -8- COUNT-3: Defendant Teresa Law, acted with deliberate indifference in delaying Plaintiff his Constitutional Right, under the Eighth Amendment of the United States Constitution, of the timely medical care concerned herein; COUNT-4: Defendant Teresa Law, acted with gross-negligence, malpractice and deliberate indifference, in causing Plaintiff permanent pain, and immobility of his quadricep/knee; COUNTS AGAINST DEFENDANT DOCTOR BLEVINS: 48. Plaintiff incorporates herein by reference all facts, statements and avertments above in paragraphs 1 through 47, as if set forth fully herein, and states the following: COUNT-1: Defendant Doctor Blevins, in his individual and professional capacity, acted with gross-negligence in failing to provide Plaintiff with the timely necessary surgery; COUNT-2: Defendant Doctor Blevins, acted with gross-negligence, malpractice and deliberate indifference in failing to provide Plaintiff with post-surgery treatment for his injury; COUNT-3: Defendant Doctor Blevins, acted with gross-negligence, and deliberate indifference towards Plaintiff's serious medical needs, thus, violating Plaintiff's Constitutional Right against cruel & unusual punishment; COUNT-4: Defendant Doctor Blevins, acted with gross-negligence, malpractice, deliberate indifference, in causing Plaintiff permanent pain, and immobility of his quadricep/knee. -9- VI. RELIEF: Damages: Defendant Teresa Law: 49. Plaintiff demands that a jury trial be conducted, at which he be awarded from Defendant Teresa Law compensatory, nominal and punitive damages in excess of $1,000.000.00 (One- Million Dollars); Damages: Defendant Doctor Blevins: 50. Plaintiff demands that a jury trial be conducted, in which he be awarded from Defendant Doctor Blevins compensatory, nominal and punitive damages in excess of $1,000.000.00 (One-million dollars). Date: r -9 -kO ?Q air C ? William McLaughli . -10- YERIFICATION COMMONWEALTH OF PENNSYLVANIA ) -SS- COUNTY OF CENTRE ) It WILLIAM McLAUGHLIN, under the penalties for perjury, provided by 18 Pa.C.S. §4904 (relating to unsworn falsification to authorities) swear that all the facts, statements and avertments presented in my foregoing Complaint are true and correct to the best of my knowledge, information and belief. Date: William McLaughl4n. -11- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAM McLAUGHLIN, /br c, Plaintiff No. Vs. TERESA LAW, and DOCTOR BLEVINS, Defendants n APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS°' r,y AND VERIFIED STATEMENT IN SUPPORT cn COMES NOW, WILLIAM McLAUGHLIN, pro-se Plaintiff in ths?? above captioned matter, respectfully requesting this Court %.o to grant him leave to proceed in forma pauperis. In support thereof states the following: I, WILLIAM McLAUGHLIN, states under the penalties for perjury, provided by 18 Pa.C.S. §4904 (relating to unsworn falsification to authorities), that: 1. I am the Plaintiff-Appellant in the above action. Because of my financial condition I am unable to pay the costs and fees of: appellate filing fees, costs of reproducing records or brief, service fees. 2. My responses to the questions below relating to my ability to pay the fees and costs of prosecuting this Notice are true and correct. (a) I am not presently employed. (1) My last employment was prior to my incarceration, which is in excess of two (2) years. -3 3 7_ Z PA DEPT. OF CORREC TIONS INMATE ACCOUNTS SYSTEM RUN IAS365 BUREAU OF COMPUTER SERVICES PARTIAL ACCOUNT LISTING DATE 1/21/2010 REMOTE PRINT TIME 13:16 FROM PURGE FILE PAGE 1 INMATE NAME NUMBER LAST FIRST MI STARTING BALANCE HP2381 MCLAUGHLIN WILLIAM A 7.93 BATCH DATE TRANSACTION BALANCE AFTER # MO DY YEAR TRANSACTION DESCRIPTION AMOUNT TRANSACTION 9092 04-02-2009 10 INMATE EMPLOYMENT CROC Payroll 2009-03 Grp 1' 5.00 12.93 9092 04-02-2009 50 ACT 84 TRANSACTION 918-2007 04/02/09 -1.00 11.93 9092 04-02-2009 60 VCF DEDUCTION * 918-2007 04/02/09 -.50 11.43 6657 04-09-2009 13 PERSONAL GIFT FROM D LONGANECKER 819033 15.00 26.43 6657 04-09-2009 50 ACT 84 TRANSACTION 918-2007 04/09/09 -3.00 23.43 6657 04-09-2009 60 VCF DEDUCTION * 918-2007 04/09/09 -1.50 21.93 6657 04-09-2009 13 PERSONAL GIFT FROM S STOOPS 819034 40.00 61.93 6657 04-09-2009 50 ACT 84 TRANSACTION 918-2007 04/09/09 -8.00 53.93 6657 04-09-2009 60 VCF DEDUCTION 918-2007 04/09/09 -4.00 49.93 8100 04-10-2009 32 ROC COMMISSARY FOR 4/10/2009 -10.41 39.52 6670 04-10-2009 13 PERSONAL GIFT FROM P TAYLOR 819076 10.00 49.52 6670 04-10-2009 50 ACT 84 TRANSACTION 918-20'07 04/10/09 -2.00 47.52 6670 04-10-2009 60 VCF DEDUCTION 918-2007 04/10/09 -1.00 46.52 8107 04-17-2009 32 ROC COMMISSARY FOR 4/17/2009 -19.48 27.04 8114 04-24-2009 32 ROC COMMISSARY FOR 4/24/2009 -11.03 16.01 8121 05-01-2009 32 ROC COMMISSARY FOR 5/01/2009 -6.85 9.16 9126 05-06-2009 10 INMATE EMPLOYMENT CROC Payroll 2009-04 Grp 1' 11.00 20.16 9126 05-06-2009 50 ACT 84 TRANSACTION 918-2007 05/06/09 -2.20 17.96 9126 05-06-2009 60 VCF DEDUCTION 918-2007 05/06/09 -1.10 16.86 8128 05-08-2009 32 ROC COMMISSARY FOR 5/08/2009 -14.69 2.17 6907 05-13-2009 13 PERSONAL GIFT FROM T JIPSON 157478 10.00 12.17 6907 05-13-2009 50 ACT 84 TRANSACTION 918-2007 05/13/09 -2.00 10.17 • M PA DEPT. OF CORRECTIONS INMATE ACCOUNTS SYSTEM RUN IAS365 BUREAU OF COMPUTER SERVICES PARTIAL ACCOUNT LISTING DATE 1/21/2010 REMOTE PRINT TIME 13:16 FROM PURGE FILE PAGE 2 INMATE NAME NUMBER LAST FIRST MI HP2381 MCLAUGHLIN WILLIAM A BATCH DATE TRANSACTION BALANCE AFTER # MO DY YEAR TRANSACTION DESCRIPTION AMOUNT TRANSACTION 6907 05-13-2009 60 VCF DEDUCTION * 918-2007 05/13/09 -1.00 9.17 8135 05-15-2009 32 ROC COMMISSARY FOR 5/15/2009 -7.90 1.27 9155 06-04-2009 10 INMATE EMPLOYMENT CROC Payroll 2009-05 Grp 1' 10.00 11.27 9155 06-04-2009 50 ACT 84 TRANSACTION * 918-2007 06/04/09 -2.00 9.27 7115 06-10-2009 13 PERSONAL GIFT FROM P TAYLOR 156225 10.00 19.27 7115 06-10-2009 50 ACT 84 TRANSACTION * 918-2007 06/10/09 -2.00 17.27 7115 06-10-2009 60 VCF DEDUCTION 918-2007 06/10/09 -1.00 16.27 8163 06-12-2009 32 ROC COMMISSARY FOR 6/12/2009 -15.21 1.06 7224 06-24-2009 13 PERSONAL GIFT FROM P TAYLOR 825317 10.00 11.06 7224 06-24-2009 50 ACT 84 TRANSACTION * 918-2007 06/24/09 -2.00 9.06 7233 06-25-2009 13 PERSONAL GIFT FROM G STOOPS 157998 20.00 29.06 7233 06-25-2009 50 ACT 84 TRANSACTION * 918-2007 06/25/09 -4.00 25.06 7233 06-25-2009 60 VCF DEDUCTION 918-2007 06/25/09 -2.00 23.06 8177 06-26-2009 32 ROC COMMISSARY FOR 6/26/2009 -15.04 8.02 BALANCE AFTER THESE TRANSACTIONS ------ > 8.02 PA DEPT. OF CORRECTIONS INMATE ACCOUNTS SYSTEM BUREAU OF COMPUTER SERVICES PARTIAL ACCOUNT LISTING REMOTE PRINT TIME 13:16 FROM PURGE FILE INMATE NAME NUMBER LAST FIRST MI HP2381 MCLAUGHLIN WILLIAM A BATCH DATE # MO DY YEAR TRANSACTION DESCRIPTION 9188 07-07-2009 10 INMATE EMPLOYMENT CROC Payroll 2009-06 Grp 1' 9188 07-07-2009 50 ACT 84 TRANSACTION 918--2007 07/07/09 9188 07-07-2009 60 VCF DEDUCTION 918-2007 07/07/09 8191 07-10-2009 32 ROC COMMISSARY FOR 7/10/2009 8212 07-31-2009 32 ROC COMMISSARY FOR 7/31/2009 7502 08-05-2009 13 PERSONAL GIFT FROM PIERCE 163341 7502 08-05-2009 50 ACT 84 TRANSACTION 918-2007 08/05/09 7502 08-05-2009 60 VCF DEDUCTION 918--2007 08/05/09 9217 08-05-2009 10 INMATE EMPLOYMENT CROC Payroll 2009-07 Grp 1' 9217 08-05-2009 50 ACT 84 TRANSACTION 918-2007 08/05/09 9217 08-05-2009 60 VCF DEDUCTION 918-2007 08/05/09 8219 08-07-2009 32 ROC COMMISSARY FOR 8/07/2009 7518 08-07-2009 13 PERSONAL GIFT FROM TAYLOR 163377 7518 08-07-2009 50 ACT 84 TRANSACTION 918-2007 08/07/09 7518 08-07-2009 60 VCF DEDUCTION 918-2007 08/07/09 8226 08-14-2009 32 ROC COMMISSARY FOR 8/14/2009 7607 08-20-2009 13 PERSONAL GIFT FROM STOOPS 816439 7607 08-20-2009 50 ACT 84 TRANSACTION 918--2007 08/20/09 7607 08-20-2009 60 VCF DEDUCTION 918-2007 08/20/09 7645 08-26-2009 13 PERSONAL GIFT FROM GOSSARD 813216 7645 08-26-2009 50 ACT 84 TRANSACTION 918-2007 08/26/09 7645 08-26-2009 60 VCF DEDUCTION 918-2007 08/26/09 RUN IAS365 DATE 1/21/2010 PAGE 1 STARTING BALANCE 8.02 TRANSACTION BALANCE AFTER AMOUNT TRANSACTION 11.00 19.02 -2.20 16.82 -1.10 15.72 -12.55 3.17 -3.04 .13 15.00 15.13 -3.00 12.13 -1.50 10.63 11.00 21.63 -2.20 19.43 -1.10 18.33 -17.19 1.14 20.00 21.14 -4.00 17.14 -2.00 15.14 -13.76 1.38 25.00 26.38 -5.00 21.38 -2.50 18.88 40.00 58.88 -8.00 50.88 -4.00 46.88 PA DEPT. OF CORRECTIONS INMATE ACCOUNTS SYSTEM RUN IAS365 BUREAU OF COMPUTER SERV ICES PARTIAL ACCOUNT LISTING DATE 1/21/2010 REMOTE PRINT TIME 13:16 FROM PURGE FILE PAGE 2 INMATE NAME NUMBER LAST FIRST MI HP2381 MCLAUGHLIN WILLIAM A BATCH DATE TRANSACTION BALANCE AFTER # MO DY YEAR TRANSACTION DESCRIPTION AMOUNT TRANSACTION 8240 08-28-2009 32 ROC COMMISSARY FOR 8/28/2009 -31.57 15.31 9245 09-02-2009 10 INMATE EMPLOYMENT CROC Payroll 2009-08 Grp 1' 10.50 25.81 9245 09-02-2009 50 ACT 84 TRANSACTION * 918-2007 09/02/09 -2.10 23.71 9245 09-02-2009 60 VCF DEDUCTION 918-2007 09/02/09 -1.05 22.66 8247 09-04-2009 32 ROC COMMISSARY FOR 9/04/2009 -10.34 12.32 7752 09-11-2009 13 PERSONAL GIFT FROM F CHILDRESS 814143 25.00 37.32 7752 09-11-2009 50 ACT 84 TRANSACTION 918-2007 09/11/09 -5.00 32.32 7752 09-11-2009 60 VCF DEDUCTION 918-2007 09/11/09 -2.50 29.82 8261 09-18-2009 32 ROC COMMISSARY FOR 9/18/2009 -13.62 16.20 BALANCE AFTER THESE TRANSACTIONS ------ > 16.20 PA DEPT. OF CORRECTIONS INMATE ACCOUNTS SYSTEM BUREAU OF COMPUTER SERVICES PARTIAL ACCOUNT LISTING REMOTE PRINT TIME 13:16 FROM ACTIVE FILE INMATE NAME NUMBER LAST FIRST HP2381 MCLAUGHLIN WILLIAM BATCH 9278 9278 9278 8282 7960 7960 8289 7987 21 67 67 9307 9307 9307 9307 8310 8323 9336 9336 9336 8338 328 DATE MO DY YEAR TRANSACTION DESCRIPTION RUN IAS365 DATE 1/21/2010 PAGE 1 MI STARTING BALANCE A 16.20 TRANSACTION BALANCE AFTER AMOUNT TRANSACTION 10-05-2009 10 INMATE EMPLOYMENT CROC Payroll 2009-09 Grp 1' 10-05-2009 50 ACT 84 TRANSACTION 918-2007 10/05/09 10-05-2009 60 VCF DEDUCTION 918-2007 10/05/09 10-09-2009 32 ROC COMMISSARY FOR 10/09/2009 10-14-2009 13 PERSONAL GIFT FROM CHILDRESS 819995 10-14-2009 60 VCF DEDUCTION 918-2007 10/14/09 10-16-2009 32 ROC COMMISSARY FOR 10/16/2009 10-19-2009 44 ORGANIZATIONAL LIFER'S PHOTOS-CHAPEL 10-22-2009 44 ORGANIZATIONAL NATIVE AMERICAN FEAST 9/23/09 10-30-2009 13 PERSONAL GIFT FROM STOOPS 450847 10-30-2009 60 VCF DEDUCTION 918-2007 10/30/09 11-03-2009 10 INMATE EMPLOYMENT CROC Payroll 2009-10 Grp 1' 11-03-2009 60 VCF DEDUCTION 918-2007 11/03/09 11-03-2009 10 INMATE EMPLOYMENT CROC Payroll 2009-10 Grp 1' 11-03-2009 60 VCF DEDUCTION 918-2007 11/03/09 11-06-2009 32 ROC COMMISSARY FOR 11/06/2009 11-19-2009 32 ROC COMMISSARY FOR 11/19/2009 12-02-2009 10 INMATE EMPLOYMENT CROC Payroll 2009-11 Grp 1' 12-02-2009 10 INMATE EMPLOYMENT CROC Payroll 2009-11 Grp 1' 12-02-2009 60 VCF DEDUCTION 918-2007 12/02/09 12-04-2009 32 ROC COMMISSARY FOR 12/04/2009 12-08-2009 13 PERSONAL GIFT FROM PIERCE 815806 10.50 .00 -1.05 -8.06 20.00 -2.00 -16.68 -3.00 -15.00 20.00 -2.00 10.50 -1.05 13.06 -1.31 -31.81 -8.03 9.00 12.38 -1.24 -13.93 15.00 26.70 26.70 25.65 17.59 37.59 35.59 18.91 15.91 .91 20.91 18.91 29.41 28.36 41.42 40.11 8.30 .27 9.27 21.65 20.41 6.48 21.48 PA DEPT. OF CORRECTIONS INMATE ACCOUNTS SYSTEM RUN IAS365 BUREAU OF COMPUTER SERVICES PARTIAL ACCOUNT LISTING DATE 1/21/2010 REMOTE PRINT TIME 13:16 FROM ACTIVE FILE PAGE 2 INMATE NAME NUMBER LAST RP2381 MCLAUGHLIN FIRST MI WILLIAM A BATCH DATE TRANSACTION BALANCE AFTER # MO DY YEAR TRANSACTION DESCRIPT ION AMOUNT TRANSACTION 328 12-08-2009 60 VCF DEDUCTION 918-2007 12/08/09 -1.50 19.98 8345 12-11-2009 32 ROC COMMISSARY FOR 12/11/2009 -12.68 7.30 8358 12-24-2009 32 ROC COMMISSARY FOR 12/24/2009 -7.17 .13 461 12-28-2009 13 PERSONAL GIFT FROM TAYLOR 816239 10.00 10.13 461 12-28-2009 60 VCF DEDUCTION * 918-2007 12/28/09 -1.00 9.13 471 12-29-2009 13 PERSONAL GIFT FROM GOSSARD 816274 25.00 34.13 471 12-29-2009 60 VCF DEDUCTION 918-2007 12/29/09 -2.50 31.63 8365 12-31-2009 32 ROC COMMISSARY FOR 12/31/2009 -23.28 8.35 9005 01-05-2010 10 INMATE EMPLOYMENT CROC Payroll 2009-12 Grp 1' 11.00 19.35 9005 01-05-2010 60 VCF DEDUCTION * 918-2007 01/05/10 -1.10 18.25 9005 01-05-2010 10 INMATE EMPLOYMENT CROC Payroll 2009-12 Grp 1' 15.13 33.38 9005 01-05-2010 60 VCF DEDUCTION 918-2007 01/05/10 -1.51 31.87 8008 01-08-2010 32 ROC COMMISSARY FOR 1/08/2010 -5.32 26.55 565 01-11-2010 37 POSTAGE JAN POST/ OFFICE OF PROTHONOT -2.92 23.63 576 01-14-2010 13 PERSONAL GIFT FROM D PIERCE 899988 15.00 38.63 576 01-14-2010 60 VCF DEDUCTION * 918-2007 01/14/10 -1.50 37.13 BALANCE AFTER THES E TRANSACTI ONS ------ > 37.13 . ?-,n rA i S.a6dy SwitzeAccount' g`Assistant Inmate Accounts @ SCI-R ddkview January 21, 2010 WILLIAM MCLAUGHLIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TERESA LAW, AND DOCTOR BLEVINS, NO. 10-552 CIVIL ORDER OF COURT AND NOW, this 28th day of January, 2010, upon consideration of the Plaintiff's Application for Leave to Proceed In Forma Pauperis and after examination of the Plaintiff's current State Correctional Institute Inmate Account and the length of the sentence currently being served by the Plaintiff at the State Correctional Institute, IT IS HEREBY ORDERED AND DIRECTED that Plaintiff William McLaughlin is granted leave to proceed In Forma Pauperis in the above captioned matter. IT IS FURTHER ORDERED AND DIRECTED that while the Defendant will not be required to pay the costs of Sheriffs service pursuant to Pa.R.C.P. 240(f)(1), the Pro Se Plaintiff remains responsible for arranging with the Sheriff of Cumberland County for Original Process to be served upon the Defendants pursuant to Pa.R.C.P. 400. By the Court, M. L. Ebert, Jr., J. CZ0 C-`1 70 illiam McLaughlin, Plaintiff HP-2381 SCI-Rockview Box A Bellefonte, PA 16823 ,?,-Kennsylvan ia Department of Corrections Office of the Chief Counsel 55 Utley Drive Camp Hill, Pennsylvania 17011 0-D s ryoa l Ek I ?l??l D 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAM McLAUGHLIN, Plaintiff VS. TERESA LAW, AND DOCTOR BLEVINS, Defendants N No. 10-552 CIVIL r" (HON. M.L. EBERT, JR) PLAINTIFF'S NOTION FOR ORDER OF SERVICE NOW COMES, WILLIAM MCLAUGHLIN, pro se Plaintiff in the above-captioned matter, respectfully requesting this Court to issue an Order, directing the Sheriff of Cumberland County to serve Defendants with Complaint and Notice to Defend. In support thereof states the following: 1. Pursuant to Plaintiff's Complaint, and Application for Leave to Proceed in Forma Pauperis, by Order of January 28, 2010, the Honorable M.L. Ebert, Jr., directed that, Plaintiff be granted leave to proceed in forma pauperis in his Civil Complaint; and that, "It is FURTHER ORDERED AND DIRECTED that while the Defendant (sic) will not be required to pay the costs of Sheriff's service pursuant to Pa.R.C.P. 240(f)(1), the Pro Se ?1aint-iff remains responsible for arranging with the Shezriff of -1- Cumberland County for Original process to be served upon the Defendant pursuant to Pa.R.C.P. 400." (Order of Court attached). 2. A correction in the above Order of Court is necessary, in that the Court inadvertently states "...that while the Defendant will not be required to pay the costs of Sheriff's..." The intent of the Court was "...Plaintiff will not be required to pay the costs of Sheriff's..." 3. Plaintiff is currently incarcerated at SCI-Rockview. while the Defendants are employed to SCI-Camp Hill. 4. Due to Plaintiff's incarcerated condition he is unable to arrange for the Sheriff of Cumberland County for service of the Complaint on Defendants - save him pro se motion for service. WHEREFORE, Plaintiff request this Court to issue an Order, directing the Sheriff of Cumberland County to serve the Complaint and Notice to defend on the above Defendants at SCI-Camp Hill. Respectfully submitted, W-5???Y1?. .?,0 0 William McLaughl n. Date: V/D -2- D E C L A R A T I O N COMMONWEALTH OF PENNSYLVANIA ) -SS- 000NTY OF CENTRE ) I, WILLIAM McLAUGHLIN, under the penalties for perjury, provided by 18 Pa.C.S. §4904 (relating to unsworn falsification to authorities), hereby declare that I am the Plaintiff in the foregoing motion for order of service. That all facts and statements presented in the foregoing motion are true and correct to the best of my knowledge, information and belief. That this action is being taken in good faith. Bate: 2-zlyla /I William McLaughli . -3- WILLIAM MCLAUGHLIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TERESA LAW, AND DOCTOR BLEVINS, NO. 10-552 CIVIL ORDER OF COURT AND NOW, this 28th day of January, 2010, upon consideration of the Plaintiff's Application for Leave to Proceed In Forma Pauperis and after examination of the Plaintiff's current State Correctional Institute Inmate Account and the length of the sentence currently being served by the Plaintiff at the State Correctional Institute, IT IS HEREBY ORDERED AND DIRECTED that Plaintiff William McLaughlin is granted leave to proceed In Forma Pauperis in the above captioned matter. IT IS FURTHER ORDERED AND DIRECTED that while the Defendant will not be required to pay the costs of Sheriff's service pursuant to Pa.R.C.P. 240(f)(1), the Pro Se Plaintiff remains responsible for arranging with the Sheriff of Cumberland County for Original Process to be served upon the Defendants pursuant to Pa.R.C.P. 400. By the Court, M. L. Ebert, Jr., TRUR COPY FROM RECORD In Tes6 aW L Awl 11w9 wftsw aW hand and @i l a 1 of iNld ??t 0`016N. Fa. Pry Steven C. Gould Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-8035 FILED ,.1r_;F1 THE ,?.. 2010 FEB 22 f ., 10:42 WILLIAM MCLAUGHLIN, Plaintiff V. TERESA LAW AND DOCTOR BLEVINS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-552 CIVIL PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Commonwealth Defendant, Teresa Law, in the above-captioned matter. Respectfully submitted, THOMAS W. CORBETT, JR. ATTORNEY GENERAL By: Steven C. Gould, I.D. #80156 Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: (717) 783-8035 Dated: February 17, 2010 9 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Praecipe for Entry of Appearance upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: William McLaughlin - HP-2381 SCI - Rockview Box A Bellefonte, PA 16823 Doctor Blevins P.O. Box 598 Camp Hill, PA 17001 By: STEVEN C. GOULD, ID #80156 Senior Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-783-8035 - Direct Dial DATED: February 17, 2010 WILLIAM MCLAUGHLIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TERESA LAW, AND DOCTOR BLEVINS, NO. 10-552 CIVIL AMENDED ORDER OF COURT AND NOW, this 23rd day of February, 2010, the Order of Court dated January 28, 2010, is amended to provide that in the third paragraph, the word Defendant is amended to the word Plaintiff, so that the Plaintiff will not be required to pay the Sheriff's costs. The remainder of the Order shall be in full force and effect. By the Court, 6 -? - ?A W ) - M. L. be , Jr., J. William McLaughlin, Plaintiff HP-2381 SCI-Rockview Box A Bellefonte, PA 16823 ?nsylvania Department of Corrections Office of the Chief Counsel 55 Utley Drive Camp Hill, Pennsylvania 17011 n eF 3.. N GO w lu7 ,.F. d. f a3 ?ro 1 FEB 2 2 2010 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Gu' WILLIAM McLAUGHLIN, No. 0 -S Plaintiff - n VS . _T1 M _Z- ; dry w z} TERESA LAW, and DOCTOR BLEVINS, (HON. M.L. EBERT, JR ) ?.. , t r _ " ; Q0 r J .r- o -< ORDER OF COURT BY THE COURT: 14,-? M.L. EBERT, JR., J. Irl AND NOtn?, to-wit, this ?.? day of Vt, rvAs:j? 2010, Plaintiff, WILLIAM McLAUGHLIN, having been granted leave to proceed in forma pauperis in the above-captioned matter; and due to Plaintiff's present incarcerated condition, it is hereby ORDERED that the Sheriff's Department of Cumberland County, Pennsylvania, shall serve on the above Defendants the Complaint and Notice to Defend filed by Plaintiff in the above-captioned matter. This service shall be made and completed in accord with the normal procedures of the Sheriff's Department. cc: William McLaughlin (HP-2381) SCI-Rockview, Box A Bellefonte, PA 16823 Sheriff's Department, Cumberland County. a?j-? eY ?.a ( L CL ;Zu ! 16 tme-1 „ Steven C. Gould Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15`h Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-8035 FIIL ED-0 FtF1," LE Ain- H- 20 10FEB c4 Aii 11:55 rte., t . Vii IY •:.' ',\f '^? TJt L WILLIAM MCLAUGHLIN, Plaintiff V. TERESA LAW AND DOCTOR BLEVINS, Defendants TO PLAINTIFF: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-552 CIVIL NOTICE TO PLEAD YOU ARE HEREBY REQUIRED to respond to the within Preliminary Objections within twenty (20) days of the date of service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS W. CORBETT, JR. Attorne neral By: STEVEN C. GO D, I V#80156 Senior Deputy Attorney General Dated: February 23, 2010 Steven C. Gould Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-8035 WILLIAM MCLAUGHLIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. TERESA LAW AND DOCTOR BLEVINS, Defendants No. 10-552 CIVIL COMMONWEALTH DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes defendant, Teresa Law, (hereinafter, "Commonwealth Defendant"), by and through the Office of the Attorney General, and hereby files these Preliminary Objections to the above-captioned Complaint pursuant to Rule 1028 of the Pennsylvania Rules of Civil Procedure, Pa.R.C.P. § 1028, and in support thereof avers as follows: 1. Plaintiff, William McLaughlin, (hereinafter, "Plaintiff'), an inmate currently at the SCI-Rockville, filed this action against the Commonwealth Defendant and Dr. Blevins by filing a Complaint' in the Court of Common Pleas of Cumberland County, Pennsylvania. (A copy of said Complaint is attached hereto as Exhibit "A"). 2. Plaintiff alleges that while incarcerated at SCI-Camp Hill, he injured his knee while exercising in the prison yard. See, Complaint ¶ 6. i The Pennsylvania Code, 37 Pa. Code §111.1, and Pa.R.C.P. §422(a) set forth requirements for service of process on Commonwealth parties. Plaintiff failed to comply with the established rules and regulations pertaining to service of a Commonwealth party, and therefore, Plaintiff's Complaint should be stricken for improper service pursuant to Pa.R.Civ.P. 1028(a)(1). 3. According to Plaintiffs Complaint, he went to the prison infirmary on the day of his injury and was examined by the attending physician, who suggested the possibility that Plaintiff had ruptured his quadriceps. See, Complaint ¶ 7. 4. According to Plaintiff s Complaint, Plaintiff was taken to Holy Crosse Emergency Room and examined by a physician. Plaintiff alleges that the physician confirmed a ruptured quadriceps and recommended an MRI be performed. See, Complaint ¶s 8-10. 5. According to Plaintiffs Complaint, an MRI was performed six weeks later at Memorial Hospital in York, Pennsylvania.3 See, Complaint ¶ 16. 6. According to Plaintiffs Complaint, three weeks after the MRI was performed, Plaintiff saw Dr. Sullivan, an orthopedic specialist in York, Pennsylvania.4 See, Complaint ¶ 17. 7. Plaintiff alleges that Dr. Sullivan recommended surgery on the day of Plaintiffs visit, but that Dr. Blevins disagreed and Plaintiff did not have surgery until sometime in November 2008.5 See, Complaint ¶s 21 & 23. 8. According to Plaintiffs Complaint, Dr. Blevins pronounced Plaintiff physically well for release from the prison infirmary. See, Complaint ¶ 29. 9. Plaintiff alleges that Commonwealth Defendant, Tersea Law, failed to provide him with timely medical care and/or surgery while incarcerated at SCI-Camp Hill. See, Complaint ¶ 47, Count-1 through Count-4. z Plaintiff went to Holy Spirit Hospital in Camp Hill, Pennsylvania, not "Holy Cross". 3 The Commonwealth Defendant, believes, and therefore avers, that on August 22, 2008, an MRI was ordered and an appointment with orthopedic consultant was scheduled. The Commonwealth Defendant, believes, and therefore avers, that the MRI was performed on September 4, 2008. . 4 The Commonwealth Defendant, believes, and therefore avers, Plaintiff saw Dr. Sullivan on September 10, 2008, only 6 days after the MRI was performed. 5 The Commonwealth Defendant, believes, and therefore avers, Dr. Sullivan performed surgery on September 16, 2008. 2 I. PRELIMINARY OBJECTIONS IN THE NATURE OF DEMURRER PURSUANT TO Pa.R.C.P. 1028(a)(4) FOR FAILING TO STATE A CAUSE OF ACTION UNDER THE SOVEREIGN IMMUNITY ACT. 10. The Commonwealth Defendant hereby incorporates paragraphs 1-9 of these Preliminary Objections by reference as though set forth herein at length. 11. At all relevant times hereto, the Commonwealth Defendant, Teresa Law, was a "Commonwealth Party" within the meaning of section 8501 of the Judicial Code, 42 Pa.C.S. §8501. 12. A Commonwealth Party is immune from suit except as specifically waived by the General Assembly. See, 1 Pa.C.S. §2310; See also, 42 Pa.C.S. §8501 et seq. 13. In order to state a cause of action against the Commonwealth Defendant, Plaintiff must allege that the acts complained of fall within one of the exceptions to sovereign immunity set forth in 42 Pa.C.S. §8522 (b)(1)-(9) of the Judicial Code. 14. In the instant case, the only exception to sovereign immunity which could apply is the medical professional liability pursuant to 42 Pa.C.S. §8522 (b)(2). 15. The waiver of sovereign immunity for medical professional liability provides: "(b) Acts which may impose liability. - The following acts by a Commonwealth party may result in the imposition of liability on the Commonwealth and the defense of sovereign immunity shall not be raised to claims for damages caused by: .... (2) Medical-professional liability- Acts of health care employees of Commonwealth agency medical facilities or institutions or by a Commonwealth party who is a doctor, dentist, nurse or related health care personnel." See, 42 Pa.C.S. §8522(b)(2). 16. According to Rule 1019(a) of the Pennsylvania Rules of Civil Procedure, Plaintiff must specifically plead each material fact upon which a claim is based. 3 17. As stated above, the sovereign immunity statute waives immunity under Section 8522(b)(2) for negligent acts of health care employees of Commonwealth agency medical facilities or institutions or by a Commonwealth party who is a doctor, dentist, nurse or related health care personnel. See, 42 Pa.C.S. §8522(b)(2). (emphasis added). 18. Plaintiffs Complaint fails to plead material facts upon which to base his claim that the Commonwealth Defendant negligently provided medical treatment to Plaintiff. See, Pa.R.C.P. 1019(a). 19. Although Plaintiffs Complaint alleged that Commonwealth Defendant, Teresa Law, "acted with gross-negligence in her professional duties to provide Plaintiff the timely surgery" and committed medical malpractice when she 'failed to utilize her professional skills and knowledge, to provide timely care/surgery ", Plaintiffs Complaint is void of any material facts upon which to base his medical malpractice claim 20. Simply stated, Plaintiffs Complaint is void of any material facts that any of the Commonwealth Defendant, Teresa Law, rendered medical treatment and/or care to Plaintiff, or that her acts and/or omissions caused Plaintiff s alleged injuries 21. Accordingly, Plaintiff fails to allege facts sufficient to bring this action within the medical professional liability exception of the Sovereign Immunity Act, and therefore, his Complaint should be dismissed, or, in the alternative, a more specific Complaint must be filed. WHEREFORE, the Commonwealth Defendant respectfully requests that this Honorable Court grant her Preliminary Objection in the nature of a demurrer for failing to state a cause of action upon which relief could be granted pursuant to Rule 1028(a)(4) and dismiss Plaintiffs Complaint, or, in the alternative, requiring Plaintiff to file a more specific Complaint, pursuant to Rule 1028(a)(3). 4 II. DEMURRER FOR FAILING TO STATE A CAUSE OF ACTION-RULE 1028(a)(4)-INDEPENDENT CONTRACTOR. 22. The Commonwealth Defendant hereby incorporates paragraphs 1-21 of these Preliminary Objections by reference as though set forth herein at length. 23. Plaintiff may try to argue that the Commonwealth Defendant, Teresa Law, is responsible for the conduct of Defendant, Dr. Blevins, who allegedly delayed Plaintiff's surgery and/or released him from the prison infirmary. However, Dr. Blevins is not a Commonwealth employee, but instead is an independent contractor. 24. The Joint State Government Commission in its report on sovereign immunity delineated specific areas where sovereign immunity was not waived. At pages 15-16 of this Report, the Commission made it clear that: The task force rejected waiving sovereign immunity for claims arising out of.... (8) Negligence of private independent contractors. A copy of said Report is attached hereto as Exhibit "B". 25. Thus, the Commonwealth Defendant cannot be liable for the acts of Defendant, Dr. Blevins, because the legislature specifically rejected waiving sovereign immunity in those instances. WHEREFORE, the Commonwealth Defendant respectfully requests that this Honorable Court grant their Preliminary Objection in the nature of a demurrer for failing to state a cause of action upon which relief could be granted pursuant to Rule 1028(a)(4) and dismiss Plaintiff's Complaint. 5 III. PRELIMINARY OBJECTIONS IN THE NATURE OF MOTION TO STRIKE PURSUANT TO Pa.R.C.P. 1028(a)(2) FOR FAILING TO CONFORM TO LAW AND IMPERTINENT MATTER. 26. The Commonwealth Defendant hereby incorporates paragraphs 1-25 of these Preliminary Objections by reference as though set forth herein at length. 27. The Pennsylvania Legislature, in relevant part, has created exceptions to sovereign immunity for "...damages arising out of a negligent act..." See, 42 Pa.C.S. §8522(a). 28. Plaintiffs Complaint claims that the Commonwealth Defendant, Teresa Law, acted with "gross-negligence" and "deliberate indifference" See, ¶ 47, Counts 1, 3, & 4. 29. Plaintiff's allegations of conduct that is alleged to be anything other than ordinary negligent constitute "scandalous or impertinent matter" in violation of Pa.R.C.P. § 1028(a)(2). WHEREFORE, the Commonwealth Defendant, respectfully requests that this Honorable Court enter an Order striking Plaintiff's allegations against the Commonwealth Defendant for allegations of "gross-negligence" and "deliberate indifference" pursuant to Pa.R.C.P. §1028(a)(2). IV. PRELIMINARY OBJECTION IN THE NATURE OF DEMURRER PURSUANT TO Pa.R.C.P. 1028(a)(4) FOR FAILING TO STATE A CAUSE OF ACTION UNDER THE EIGHT AMENDMENT-COUNT-3. 30. The Commonwealth Defendants hereby incorporate paragraphs 1-29 of these Preliminary Objections by reference as though set forth herein at length. 31. In Paragraph 47, Count-3 of Plaintiff's Complaint, Plaintiff claims that the Commonwealth Defendant, Teresa Law: "...acted with deliberate indifference in delaying Plaintiff his Constitutional Right, under the Eighth Amendment of the United States Constitution, of the timely medical care..." See, Complaint, ¶47, Count-3. 6 32. In order to state a viable §1983 claim, the Plaintiff must prove (1) that he was deprived of rights, privileges or immunities secured by the Constitution or laws of the United States due to (2) the conduct of a person acting under color of state law. West v Atkins, 487 U.S. 42,48 (1988). 33. Allegations amounting to mere negligence in rendering medical treatment are insufficient to state a claim for inadequate medical care under the Eighth Amendment. Estelle v. Gamble, 429 U.S. 97,106 (1976). 34. Furthermore, prison officials, who are not physicians, cannot be considered deliberately indifferent simply because they failed to respond to the medical complaints of a prisoner who was already being treated by medical personnel in the prison. Durmer v. O'Carroll, 991 F.2d 64, 69 (3d Cir. 1993). 35. Accordingly, Plaintiff fails to allege any facts to support that the Commonwealth Defendant, Teresa Law, failed to provide adequate medical care which is guaranteed to the Plaintiff's by the Eighth Amendment. WHEREFORE, the Commonwealth Defendant respectfully request this Honorable Court to grant her demurrer to the Complaint for failing to state a cause of action upon which relief could be granted pursuant to Rule 1028(a)(4) and dismiss Count 3 of Plaintiff's Complaint. V. PRELIMINARY OBJECTIONS IN THE NATURE OF MOTION TO STRIKE PURSUANT TO Pa.R.C.P. 1028(a)(2) PLAINTIFF'S RELIEF IN THE NATURE OF PUNITIVE DAMAGES. 36. The Commonwealth Defendant hereby incorporates paragraphs 1-35 of these Preliminary Objections by reference as though set forth herein at length. 37. In Plaintiffs Complaint, Plaintiff requests relief in the nature of punitive damages. See, Complaint, ¶ 49. 7 38. As a Commonwealth party within its definition found at section §8501, damages recoverable against the Commonwealth Defendant is specifically limited by the Sovereign Immunity Act, 42 Pa.C.S. §8528(c). 39. Limitations on a Commonwealth Defendant's liability for damages are set forth in 42 Pa.C.S.A. §8528. Section 8528(c) provides as follows: "(c) Types of damages recoverable.-- Damages shall be recoverable only for: (1) Past and future loss of earnings and earning capacity. (2) Pain and suffering. (3) Medical and dental expenses ... (4) Loss of consortium. (5) Property losses, except that property losses shall not be recoverable in claims brought pursuant to section 8522(b)(5)(relating to potholes and other dangerous conditions)." 40. Plaintiffs request for punitive damages are not enumerated as a recoverable damage against the Commonwealth Defendant, Teresa Law, at section 8528(c) of the Judicial Code, 42 Pa.C.S. § 8528(c). 41. Accordingly, this Honorable Court should strike the portions of Plaintiffs Complaint requesting the aforementioned relief. WHEREFORE, the Commonwealth Defendant respectfully request this Honorable Court to grant her Preliminary Objection in the nature of a motion to strike Plaintiffs claim for relief not recoverable damage against the Commonwealth Defendant. Respectfully submitted, THOMAS W. CORBETT, JR. ATTORNEY GENERAL By. - , Steven C. Gould, I.D. #80156 Senior Deputy Attorney General DATED: February 23, 2010 8 EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAM MCLAUGHLIN, No. Plaintiff VS. TERESA LAW, and • r7 r.? DOCTOR BLEVINS, Defendants " 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 (2 0) 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.cl aims 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 LAWYERr 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 FEE OR NO FEE. _%Lnw.aex R .cr R1 Secv-?Le. C?mbec?Arcl C ?n?? gA6 ?SSoL?R ?o? smnr„ 3z. 5. %eAfocd SL C%A.\s\,e. ?-WL' V1049 the his Vu" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAM McLAUGHLIN., Plaintiff VS TERESA LAW, and DOCTOR BLEVIN-S, Defendants No. ?0 S Cr'. ' JURY TRIAL DEMANDED C O M P L A I N .T 1. PARTIES: 1. William McLaughlin (DOC# HP-2381), pro se Plaintiff, is an individual prisoner, currently incarcerated at the State Correctional Institution @ Rockview ("SCI-Rockview"), Box At Bellefonte, Centre County, Pennsylvania 16823. 2. Defendant Teresa Law is a licensed Professional, employed at SCI-Camp Hill, P.O. Box 598, Cumberland County, Camp Hill, Pennsylvania 17001. 3. Doctor Blevins, is a licensed Professional, at the relevant time herein, was employed at SCI-Camp Hill, P.O. Box 598, Cumberland County, Camp Hil, Pennsylvania 17001, as a Doctor. -1- II. VENUE: 4: venue is proper in this Court pursuant to Pa.C.Civ.P., Rule 1006(a) & (a.l), in that the cause of action arose and took place in Cumberland County, Pennsylvania. III. FACTS: 5. In August-2008 Plaintiff was an inmate at SCI-Camp Hill (Inst. No. HP-2381), P.O. Box 598, Cumberland County, Pennsylvania. 6. In August-20081 while exercising in the prison yard, Plaintiff injured his knee (Exact dates will be provided upon obtaining records/discovery). 7. Plaintiff was taken to the prison infirmary on that very day of injury. Where the attending physician examined Plaintiff's knee, and suggested that Plaintiff's quadricep was ruptured. (Attending physician's identity will be provided upon obtaining records/discovery). 8. The attending prison infirmary physician stated Plaintiff required surgery. And immediately arrangements for Plaintiff to be taken to a local hospital - Holy Cross. 9. Plaintiff was escorted by two correction officers to the Holy Cross Emergence Room ("ER") that same day. 10. The attending Physician in the Holy Cross ER confirmed that Plaintiff had ruptured his quadricep. That immediate surgery was necessary. -2- 11. The attending physician in the Holy Cross ER, prior to surgery stated that, in order to determine the extent of the rupture, an M..R.I,. is necessary. 12. The attending physician in the Holy Cross ER stated that the M.R.I. would take approximately two hours. 13. The two correction officers accompanying Plaintiff rejected the M.R.I., stating they could not wait, because their shift was getting ready to change. That they would instead return Plaintiff to SCI-Camp Hill. 14. The attending Holy Cross ER physician advised against Plaintiff being returned to SCI-Camp Hill with the condition of the Knee. 15. The attending Holy Cross ER physician fitted Plaintiff's leg with an immobilizer and crutches, pain medication. Plaintiff was then returned to SCI-Camp Hill, and placed in the prison infirmary. 16. In September-2008, approximately six weeks subsequent the initial injury, Plaintiff was escorted from SCI-Camp Hill to Memorial Hospital, in York, Pennsylvania, where an M.R.I. was taken of Plaintiff's injury. And Plaintiff was immediately returned to the prison infirmary at SCI-Camp Hill. 17. In October-2008, approximately three weeks. subsequent the M.R.I.. Plaintiff was escorted by correction officers from SCI-Camp Hill, to Doctor Sullivan, an orthopedic specialist, in -3- York, Pennsylvania. 18. Upon examination by Dr. Sullivan, Dr. Sullivan questioned "When did this happen?" and "Why [I] haven't had surgery yet?"; ' 19. Upon Plaintiff explaining the concerned events & time-line, Dr. Sullivan expressed his disagreement in the lack of treatment; 20. Dr. Sulliavn stated that Plaintiff's injury was difficult to repair when done immediately; that the delayed treatment complicated the surgery further, in that the quadricep has deteriorated and shrunk; 21. Dr. Sullivan stated that he wanted to perform the necessary surgery "today." That the hospital was adjacent his office; that he would make arrangements for Plaintiff to be immediately admitted to the adjacent Hospital. That Dr. Sullivan would close his office, and perform the said surgery that day; 22. At the mention of Plaintiff being admitted in the adjacent Hospital, the correction officers accompanying Plaintiff interjected, and advised that their orders from SCI-Camp Hill was limited to Dr. Sullivan's office; that Dr. Sullivan should telephone SCI-Camp Hill, and advise of the immediate necessity for the said surgery. C.O. Washington provided Dr. Sullivan with a telephone number; 23. Dr. Sullivan took the telephone number from C.O. -4- Washington, went into an adjacent office. Shortly thereafter Dr. Sullivan returned, advised that he spoken to Defendant Blevins; stating Dr. Blevins did not want the surgery done "today"; that the Medical Department at SCI-Camp Hill will make arrangements for the surgery; 24. Plaintiff was returned to SCI-Camp Hill prison infirmary. 25. In November-2008 Plaintiff was taken from SCI-Camp Hill to Memorial Hospital, Yopk, Pennsylvania. Where Dr. Sullivan, assisted by a second surgeon, performed the surgery on Plaintiff's ruptured quadricep. 26. In December-2008 Plaintiff was returned to Dr. Sullivan's Office in York, Pennsylvania, from a "follow-up" examination on his surgery; 27. During the December-2008 follow-up examination, Dr. Sullivan questioned Plaintiff as to "How things were with the 'Physical Therapist?"; 28. Dr. Sullivan advised Plaintiff during the December-2008 follow-up examination that his Medical orders, post-surgery of Plaintiff's ruptured quadricep, required SCI-Camp Hill's Medical Department to provide Plaintiff with physical therapy. 29. While being housed in the prison infirmary at SCI-Camp Hill, in December-2008, Dr. Blevins pronounced Plaintiff -5- physically well for release from the prison infirmary. 30. On December 22, 2008, Plaintiff was transferred from SCI-Camp Hill to SCI-Rockview. At which time he required the assistance of a leg-brace. 31. -In January-2009 Plaintiff was taken from SCI-Rockview to Dr..Sullivan's medical office; at which time Plaintiff was wearing the leg-brace.. 32. 'During the January-2009 follow-up examination, Dr. Sullivan advised Plaintiff that the leg-brace was "probably" no longer required; 33. During the January-2009 follow-up examination, Dr. Sullivan removed the leg-brace, and found Plaintiff's leg & knee to be weak and swollen; 34. During the January-2009 follow-up examination, upon finding the Plaintiff's leg & knee and swollen, Dr. Sullivan stated said condition is the result of prolonged [delayed] surgery and no physical therapy. 35. On June 22, 2009, Plaintiff visited the medical department at SCI-Rockview, where he complained of pain in his knee and swelling. 36. On June 22, 2009, the medical department at SCI-Rockview prescribed Plaintiff Ibuprofen for the pain in his quadricep/knee; Plaintiff was also provided a knee-brace -- to reduce the swelling. -6- 37. On October 1, 2009, Plaintiff complained to the medical department at SCI-Rockview of pain, swelling and weakness in his quadricep/knee; 38. The Physician Assistant ("PA") at SCI-Rockview's infirmary found Plaintiff's quadricep/knee to be weak & swollen during the October 1, 2009 examination. 39. The PA at SCI-Rockview's October 1, 2009 examination questioned Plaintiff "What the physical therapist said about that weakness and swelling?" 40. On October 3, 2009, an X-ray was taken at SCI-Rockview of Plaintiff's knee/quadricep. STATEMENT OF PLAINTIFF: 41. During the examination at Holy Cross Hospital's ER in August-2008 (49 above), the ER Physician advised Plaintiff delayed surgery would result in 60$ loss of recovery - rehabilitation of Plaintiff's knee; 42. During the examination in October-2008 of Plaintiff's injury, Dr. Sullivan advised Plaintiff that full-recovery of the knee was limited - due to the delay in surgery: That the ruptured quadricep had receded an extreme distance; that pulling the ruptured quadricep back into position was consequently unlikely. 43. Immediately following the November-2008 surgery (425) Dr. Sullivan informed Plaintiff that the ruptured quadricep had receded to a point where Dr. Sullivan required the assistance of a second surgeon to pull the quadricep from its receded position; -7- 44. Following the November-2008 surgery, Dr. Sullivan advised Plaintiff that, due to the delayed surgery, the ruptured quadricep could not be re--positioned; that consequently Plaintiff will suffer at least.50% limitation of the concerned knee/leg. 45. During the`December-2008 follow-up examination (¶26), Dr. Sullivan stated that, the immediate surgery of August-2008 (V412-13) would have provided Plaintiff with total re-covery. 46. Plaintiff asserts that he was not advised, nor provided physical therapy for his injured quadricep/knee until one-year subsequent the surgery. IV. COUNTS AGAINST DEFENDANT TERESA LAW: 47. Plaintiff incorporates herein by reference all facts, statements and avertments in above paragraphs 1 through 46, as if set forth fully herein, and states the following: COUNT-1: Defendant Teresa Law, in her individual and corporate capacity, acted with gross-negligence in her professional duties to provide Plaintiff the timely surgery concerned herein; COUNT-2: Defendant Teresa Law, in her professional and corporate capacity, committed medical malpractice, when Defendant Law failed to utilize her professional skills and knowledge, to provide Plaintiff the timely care/surgery for the herein concerned injury; -8- COUNT-3: Defendant Teresa Law, acted with deliberate indifference in delaying Plaintiff his Constitutional Right, under the Eighth Amendment of the United States Constitution, of the timely medical care concerned herein; COUNT-4: Defendant Teresa Law, acted with gross-negligence, malpractice and deliberate indifference, in causing Plaintiff permanent pain, and immobility of his quadricep/knee; COUNTS AGAINST DEFENDANT DOCTOR BLEYINS: 48. Plaintiff incorporates herein by reference all facts, statements and avertments above in paragraphs 1 through 47, as if set forth fully herein, and states the following: COUNT-1: Defendant Doctor Blevins, in his individual and professional capacity, acted with gross-negligence in failing to provide Plaintiff with the timely necessary surgery; COUNT-2:. Defendant Doctor Blevins, acted with gross-negligence, malpractice and deliberate indifference in failing to provide Plaintiff with post-surgery treatment for his injury; COUNT-3: Defendant Doctor Blevins, acted with gross-negligence, and deliberate indifference towards Plaintiff's serious medical needs, thus, violating Plaintiff's Constitutional Right against cruel & unusual punishment; COUNT-4: Defendant Doctor Blevins, acted with gross-negligence, malpractice, deliberate indifference, in causing Plaintiff permanent pain, and immobility of his quadricep/knee. -9- VI. RELIEF: Damages: Defendant Teresa Law: 49. Plaintiff demands that a jury trial be conducted, at which he be awarded from Defendant Teresa Law compensatory, nominal and punitive damages in excess of $1,000.000.00 (One- Million Dollars); Damages: Defendant Doctor Blevins: 50. Plaintiff demands that a jury trial be.conducted, in which he be awarded from Defendant Doctor Blevins compensatory, nominal and punitive damages in excess of $1,000.000.00 (One-million dollars). Date: \-ri _?o \0iY ,AMCM LAM_ 2 William McLaughli . -10- VERIFICATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CENTRE -SS- I, WILLIAM MCLADGHLIN, under the penalties for perjury, provided by 18 Pa.C.S. §4904 (relating to unsworn falsification to authorities) swear that all the facts, statements and avertments presented in my foregoing Complaint are true and correct to the best of my knowledge, information and belief. Date: i-rl-to ?lJ ; William McLaughli -11- 9vereic negligence per se , with liability attaching if proximate cause is proven; also see Section.497 of the Liquor Code for applicable limitations. (8) Nationat Guand Activitie.6--This area of waiver acknow- ledges present provisions of the Military Code, August 1, 1975, P.L. 233, No. 92, 51 Pa.C.S. S 4108, with which it should be read in pari materia. That section provides that The Commonwealth of Pennsylvania shall be responsible for the payment of all judgments and costs secured against a member of the Pennsylvania Military Forces on State duty who was acting under lawful orders or who in good faith relied on an order which a reasonable person would consider to be unlawful under the circumstances.6 Ateaz o4 Liabit it y not Waived In developing the eight previously discussed areas of liability in which waiver of sovereign immunity is proposed, the task force considered other areas of potential waiver and determined to retain sovereign immunity. In evaluating the areas rejected, the task force reviewed among other materials the statutory exceptions provided in other juris- dictions. The task force specifically rejected waiving sovereign immunity for claims arising out of: (1) Intentional torts such as assault and battery, false imprisonment, false arrest, malicious prosecution, abuse of privacy, libel and slander, misrepresentation, deceit, interference with contract rights, fraud and invasion of privacy. (2) The improper assessment of taxes. (3) Seizure and detention of personal property. (4) Product liability. (5) Civil rights and constitutional violations. 6. For a definition of Pennsylvania Military Forces, see 51 Pa.C.S. § 102. -15- (6) Quarantine restrictions. (7) Adverse possession against the Commonwealth. (8) Negligence of private independent contractors. (9) Improper licensing or delay in granting of licenses, permits, etc. (10) Failure to inspect or improper inspection. The task force considered at length and rejected a proposal to waive sovereign immunity for acts or omissions which could be covered under a standard "errors and omissions" insurance policy. In this connection, see 1976 Attorney General's Opinion No. 25, at 78, where the Department of General Services was advised that it could establish an employees' liability self-insurance fund pursuant to the authority of Section 2404(b) of The Administrative Code of 1929. The opinion notes, and the Department of General Services confirms, that it was unable to procure such insurance because of the potential exposure and the un- certainty of the risk management function. The task force in rejecting a general "errors and omissions liability" at this time, noted that such a waiver would in effect result in a general waiver rather than a retention of sovereign immunity with specified limited waiver. California, which adopted the same approach, explained its rationale for listing exceptions to immunity: "This will provide a better basis upon which the financial burden of liability may be calculated, since each enactment imposing liability can be evaluated in terms of the potential cost of such liability."7 De6enzez Retained The correlative common law "official immunity" defense has been specifically retained by the proposed legislation, 5110(b)(1), p.35. In addition, the proposed legislation expressly retains defenses developed by case law or specified by statute for employees and officials acting pursuant to a duty required by statute or regulation or acting within the bounds of discretion granted by a statute or regulation., § 5110 (b) (2) , (3) , pp. 35-36. 7. California Law Revision Commission, Sovereign Immunity, 1963, p. 811. -16- CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing Preliminary Objections upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: William McLaughlin - HP-2381 SCI - Rockview Box A Bellefonte, PA 16823 Doctor Blevins P.O. Box 598 Camp Hill, PA 17001 By: Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-783-8035 - Direct Dial STEVEN C. GOULD, I Senior Deputy Attorney DATED: February 23, 2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff tlol"+' 0 Itttll?p f? ? ?cG?,,?E FT.:Fcw?RIfF ALED-UFFCE OF THE PPOTH INOTARY Jody S Smith Chief Deputy Edward L Schorpp Solicitor 2010 MAR -3 PM 3: 12 COAPB.: Huv O WJUNry PENvSYLV,tlA William McLaughlin I vs. Teresa Law (et al.) Case Number 2010-552 SHERIFF'S RETURN OF SERVICE 03/01/2010 04:25 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 1, 2010 at 1625 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Teresa Law, by making known unto Robert Volciak, Corrections Super Assistant II for SCI Camp Hill at 55 Utley Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its nten and at the same time handing to him personally the said true and correct copy of th same. M K CONKLIN, DEPUTY 03/01/2010 04:25 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 1, 2010 at 1625 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Doctor Blevins, by making known unto Robert Volciak, Corrections Super Assistant II for SCI Camp Hill at 55 Utley Drive, Camp Hill, Cumberland County, Pennsylvania 1701 its co ents and at the same time handing to him personally the said true and correct copy of sa ARK CONKLIN, DEPUTY March 02, 2010 ;o? CountySuite Sheriff. Ieieosoft_ bic. SO ANSWERS, RON R ANDERSON, SHERIFF -lyn The- C,oufv of Comonor\?Ie :L of Cum6ef I and CouAiq , ?# "rtsq l van i a r • vs. t N `? 7Tenasa. - ll TI 1 171 ViAs 17 7. Crr cx?enslan OE T;rtle- for i 1 i V se-"O&tnV,;f -in pro A6- a6 m . t t1 Tt 1 i i -V ile- Vus on "To o ?.t "TS e. r?? n ac' 6 k io -Li\ t • L O SG . T! G?C/'CGl T 4 ?r an / e o /o r ' O - lQa Z,2wo Ti ! op -vl- p xx al fio s - Docioz- a/ SCI - s % l s D197Ciolan Common iA is ? rebMillard o 1 i ComQ ! /' w A i A '/I' A rnIt OA e. a f ? i .A..w ?,_l w. w.•.Pw. _1 s L- f! / V 1^n0//,\ f1 _1 IrILIL[Ifir-l- Au P.. CL . 11 - l 1 ?i f i Sovef-e-u pL limm un,4 '? nn esAended arnaur? J erne ?o re.ccln ; -par 41 AS C o u o g n i o r`Se, ? w ? ? n i i??? 1'1C? 1 couAkti ? y o? ,??Mb??a?n C'o'JA of c o fy s; --- -? , .I . t t s . A' o?ss- _tia - l s? /0 .11' Steven C. Gould Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-8035 n1 FD-Or,- ?c OF TNF PF _) i F?^N10TARY 2010 MAR -9 Prl 2: 26 WILLIAM MCLAUGHLIN, Plaintiff V. TERESA LAW AND DOCTOR BLEVINS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 10-552 CIVIL NOTICE OF INTENTION TO ENTER JUDGMENT OF NON PROS ON PROFESSIONAL LIABILITY CLAIM To: William McLaughlin - HP-2381, Pro Se Plaintiff SCI - Rockview Box A Bellefonte, PA 16823 Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to enter a judgment of non pros against you after thirty (30) days of the date of the filing of this notice if a certificate of merit is not filed as required by Rule 1042.3. I am serving this notice of behalf of the Commonwealth Defendant, Teresa Law. The judgment of non pros will be entered as to the following claims: Any and all claims against the Defendant, Teresa Law. THOMAS W. CORBETT. JR ATTORNEY GENERAL DATED: March 8, 2010 By: -**-_,-?'S- ? l ( ` / Steven C. Gould, I.D. #80156 Attorney for Defendant, Teresa Law Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: (717) 783-8035 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the Notice of Intention to Enter Judgment of Non Pros on Professional Liability Claim, filed on behalf of Defendant, Teresa Law upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: William McLaughlin - HP-2381 SCI - Rockview Box A Bellefonte, PA 16823 Doctor Blevins P.O. Box 598 Camp Hill, PA 17001 By: STEVEN C. GOULD, ID #80156 Senior Deputy Attorney General Torts Litigation Section 15t' Floor, Strawberry Square Harrisburg, PA 17120 717-783-8035 - Direct Dial DATED: March 8, 2010 WILLIAM MCLAUGHLIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TERESA LAW, AND DOCTOR BLEVINS, DEFENDANTS NO. 10-552 CIVIL ORDER OF COURT AND NOW, this 18th day of March, 2010, upon consideration of Plaintiff's Pro Se Motion for Extension of Time to File Reply to the Defendants' Preliminary Objections, unopposed by the Attorney for the Defendants, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Pro Se Motion is GRANTED. The Plaintiff shall file his response to the Defendants' Preliminary Objections on or before May 18, 2010. By the Court, M. L. Ebert, Jr., J. William McLaughlin, Plaintiff HP-2381 SCI-Rockview Box A RIM Bellefonte, PA 16823 /Steven C. Gould, Esquire .T Office of Attorney General Torts Litigation Section X- 15 th Floor, Strawberry Square Harrisburg, PA 17120 bas Co P Ce.S ?n`at 6C 3/19 ?1v tv?? t'lc?1nN ? aca, 1 0 C1 ° 12 m ? 11 ? s N -rl O e em rn i ? t _ ?- i 0 01"N C-nMQjeL ,\V,?N ` e Pei o I J? e lJ \ \ t. G ? ? r V ? 1v \ P ?4 \ A? a A av 1 ? OR m6s Q ' c*A ? e c? Y l ?7 -V cc LOO s+d + e s 1-?a Q-CA a N ll (A?v e cL al-4?1 Yn,m;k- 0- ?tG21?rSe 1 c`?CB?eSS l@t.??a` - f , -L 6 el??t s c: cuk-e IGNE'? ne. MA40 `1J s 0C L . . e A- ? t ?D Ca?G?'?ce 00 wo-t'k 'AnaA is ALF- L, o A e L to U a- Qq- lsS E. r? ?Vl\N !n c??j3 C?7 T1 f1NJj -14 C BMBA10.1 S \. S 2 S " 10-0 „ J ?Fl 8,e tq C, S \ l? ^` ? U i ?'? tM P ?r l" ` • Y e d Docko C ?1 e'?rih?S tc.e ? to e e ?? ?°..? 5, ?.?„ ? . ? LTB a e `- k 7es (e c. IQ la kwts ~: WILLIAM MCLAUGHLIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. TERESA LAW, AND ~ ~' ~~ o BARRY BEAVENS, -~~ ~ ~ DEFENDANTS NO. 10-552 CIVIL ~ ~ =" =~ "~ ~ r a~ ~_. ORDER OF COURT '- • AND NOW, this 24th da -~. ~ y of June, 2010, upon consideration of Plaintiff'sro S~ r ,} ~,`~' "° x - c Motion for Exception to Certificate of Merit Pending Discovery Due to Extraordinary Circumstances and it appearing that the Prothonotary did not forward to the Court the Defendants Joint Answer In Opposition thereto, this Court finds that the entry of the judgment of non pros on May 3, 2010, while legally allowable on the part of Defendants counsel, was premature in that Plaintiff's Motion was still pending. Accordingly, in an effort to resolve this issue in an equitable manner; IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for Exception to Certificate of Merit pending Discovery Due to Extraordinary Circumstances is DENIED. IT IS FURTHER ORDERED AND DIRECTED that the Judgment of Non-Pros entered by Praecipe on May 3, 2010 is STRICKEN. The Plaintiff will be given until August 23, 2010, to file the required Certificate of Merit. No further extensions of time will be granted to file the Certificate of Merit. Should the Plaintiff fail to file the Certificate of Merit by August 23, 2010, the Defendants will be authorized to pursue any action allowable under Pa.R.C.P. No. 1042.3. By the Court, ~~ M. L. Ebert, Jr., J. William McLau hlin, Plaintiff g H P-2381 SCI-Rockview Box A Bellefonte, PA 16823 Steven C. Gould, Esquire Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 raig Stone, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 bas c co-~~~ ~.~. ~C~C I G~~~l~ca ~~ ,. WILLIAM MCLAUGHLIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. TERESA LAW, AND BARRY BEAVENS, DEFENDANTS NO. 10-552 CIVIL ORDER OF COURT AND NOW, this 26th day of July, 2010, upon consideration of Plaintiffs Pro Se Motion for Discovery of Medical Records to Assist Plaintiff in Obtaining Certificate of Merit, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before August 6, 2010; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. By the Court, ~A~ ~~\ M. L. Ebert, Jr., J. Plaintiff L hli -~ Willi M n n, am c aug - HP-2381 ~ -'' ` - SCI-Rockview _ `_- ~ Box A ~ - Bellefonte, PA 16823 .- o - z. N ~i ~~5teven C. Gould, Es uire q Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 ~raig Stone, Esquire Michael C. Mongiello, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 bas n_ . Wpb £.S l I 7~~ ~ rv WILLIAM MCLAUGHLIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. TERESA LAW, AND BARRY BEAVENS, DEFENDANTS NO. 10-552 CIVIL ORDER OF COURT AND NOW, this 5th day of August, 2010, upon consideration of Plaintiffs Pro Se Motion for Discovery of Medical Records to Assist Plaintiff in Obtaining Certificate of Merit and the Defendants' Joint Answer in Opposition thereto, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff s Motion is DENIED. By the Court, ~~ M. L. Ebert, Jr., J. ~ William McLaughlin, Plaintiff HP-2381 SCI-Rockview Box A Bellefonte, PA 16823 Steven C. Gould, Esquire Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 ~g Stone, Esquire Michael C. Mongiello, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 bas rlU ~l 1 Aa O cti ~ p ~; - `_~ C , ~~ ,~; - ~ 4` -- ~- _ ~''.' ~ - ~~ -: _~ ~ ~: ,.~ r . FILED-0' r1CE 10 3EP 1 3 ?. -, 10: 417 CU t=1.? 1.i- o ; Cn 'N'CY PENNSYLVANA Steven C. Gould Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-8035 Attorney for Defendant, Teresa Law WILLIAM MCLAUGHLIN, Plaintiff V. TERESA LAW AND DOCTOR BLEVINS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-552 CIVIL PRAECIPE TO ENTER JUDGMENT OF NON PROS PURSUANT TO PA.R.C.P. NO. 1042.7 OF THE DEFENDANT, TERESA LAW TO THE CUMBERLAND PROTHONOTARY: Kindly enter Judgment of Non Pros against Plaintiff, William McLaughlin, and in favor of the Commonwealth Defendant, Teresa Law, as to any and all of Plaintiffs claims against the Commonwealth Defendant in the above-captioned matter. A true and correct copy of a Notice of Intention to Enter Judgment of Non Pros, served upon Plaintiff on March 8, 2010, and filed of record, is attached hereto as Exhibit "A". Also, attached hereto, as Exhibit "B", is an Order of the Honorable M.L. Ebert dated June 24, 2010, confirming that the Commonwealth Defendant is e 3a'70 e o1g8091 No4ea, uAdd entitled to a non pros judgment should Plaintiff fail to file a Certificate of Merit by August 23, 2010. By: Respectfully submitted, THOMAS W. CORBETT. JR., ATTORNEY GENE$AL Steven C. Gould, I.D. #8015 Attorney for Defendant, T resa Law Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: (717) 783-8035 DATED: August 27, 2010 McLaughlin v. Law and Blevins No. 10-552 Civil (Cumberland CCCP) EXHIBIT A Steven C. Gould Senior Deputy Attorney General Office of Attomey General Torts Litigation Section 15'h Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-8035 WILLIAM MCLAUGHLIN, Plaintiff V. TERESA LAW AND DOCTOR BLEVINS, Defendants N q `=1 .. N j rn o" i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-552 CIVIL NOTICE OF INTENTION TO ENTER JUDGMENT OF NON PROS ON PROFESSIONAL LIABILITY CLAIM To: William McLaughlin-HP-2381, Pro Se Plaintiff SCI - Rockview Box A Bellefonte, PA 16823 Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to enter a judgment of non pros against you after'thirty (30) days of the date of the filing of this notice if a certificate of merit is not filed as required by Rule 1042.3. I am serving this notice of behalf of the Commonwealth Defendant, Teresa Law. The judgment of non pros will be entered as to the following claims: Any and all claims against the Defendant, Teresa Law. DATED: March 8, 2010 THOMAS W. CORBETT. JR. ATTORNEY GENERAL By: Steven C. Gould, I.D. # 0156 Attorney for Defendant, Teresa Law Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: (717) 783-8035 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the Notice of Intention to Enter Judgment of Non Pros on Professional Liability Claim, filed on behalf of Defendant, Teresa Law upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: William McLaughlin - HP-2381 SCI - Rockview Box A Bellefonte, PA 16823 Doctor Blevins P.O. Box 598 Camp Hill, PA 17001 By: STEVEN C. GOULD, ID #80156 Senior Deputy Attorney General Torts Litigation Section 15t?' Floor, Strawberry Square Harrisburg, PA 17120 717-783-8035 - Direct Dial DATED: March 8, 2010 McLaughlin v. Law and Blevins No. 10-552 Civil (Cumberland CCCP) EXHIBIT B WILLIAM MCLAUGHLIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TERESA LAW, AND BARRY BEAVENS, DEFENDANTS NO. 10-552 CIVIL ORDER OF COURT AND NOW, this 24th day of June, 2010, upon consideration of Plaintiff's Pro Se Motion for Exception to Certificate of Merit Pending Discovery Due to Extraordinary Circumstances and it appearing that the Prothonotary did not forward to the Court the Defendants Joint Answer In Opposition thereto, this Court finds that the entry of the judgment of non pros on May 3, 2010, while legally allowable on the part of Defendants counsel, was premature in that Plaintiff's Motion was still pending. Accordingly, in an effort to resolve this issue in an equitable manner; IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion for Exception to Certificate of Merit pending Discovery Due to Extraordinary Circumstances is DENIED. IT IS FURTHER ORDERED AND DIRECTED that the Judgment of Non-Pros entered by Praecipe on May 3, 2010 is STRICKEN. The Plaintiff will be given until August 23, 2010, to file the required Certificate of Merit. No further extensions of time will be granted to file the Certificate of Merit. Should the Plaintiff fail to file the Certificate of Merit by August 23, 2010, the Defendants will be authorized to pursue any action allowable under Pa.R.C.P. No. 1042.3. By the Court, M. L. Ebert, Jr., J. William McLaughlin, Plaintiff HP-2381 SCI-Rockview Box A Bellefonte, PA 16823 Steven C. Gould, Esquire Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Craig Stone, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 bas . . f CERTIFICATE OF SERVICE I hereby certify that I am this day serving the Praecipe to Enter Judgment of Non Pros Pursuant to PA.R.C.P. No. 1042.7, of Defendant, Teresa Law upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: William McLaughlin - HP-2381 SCI - Rockview Box A Bellefonte, PA 16823 Michael C. Mongiello, Esquire Marshall, Dennehey, Warner, Colman & Gogglin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Counsel for Defendant, Barry Beaven, M.D.) By: VEN C. GOUL , ID 48611-556 Senior Deputy Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-783-8035 - Direct Dial DATED: August 27, 2010 WILLIAM MCLAUGHLIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TERESA LAW, AND BARRY BEAVENS, DEFENDANTS NO. 10-552 CIVIL ORDER OF COURT AND NOW, this 29th day of September, 2010, upon consideration of Plaintiff's Pro Se "Motion for Leave for Plaintiff to Proceed in Forma Pauperis on Appeal" and the Court noting that it had previously approved the Plaintiff's proceeding in Forma Pauperis by Order of Court dated January 28, 2010; IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion to Proceed in Forma Pauperis in his appeal to the Superior Court is DENEID AS MOOT. Pursuant to Pa.R.A.P. Rule 551, a party who has been granted leave by a lower court to proceed in forma pauperis may proceed in forma pauperis in an appellate court if he files with the clerk of the lower court the required verified statement. It appears that the Plaintiff's Motion does include the required verified statements, and accordingly no further action by the lower court is required. By the Court, "William McLaughlin, Plaintiff HP-2381 SCI-Rockview ` Box A Bellefonte, PA 16823 M. L. Ebert, Jr., J. N ' of ?Steven C. Gould, Esquire Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 .Craig Stone, Esquire Michael C. Mongiello, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 bas 4?zz/.v WILLIAM MCLAUGHLIN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TERESA LAW, AND BARRY BEAVENS, DEFENDANTS NO. 10-552 CIVIL ORDER OF COURT AND NOW, this 29th day of September, 2010, upon consideration of Plaintiff's Pro Se Motion to Strike Judgment of Non Pros and the Defendants' Answer thereto, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Pro Se Motion to Strike Judgment of Non Pros is DENIED. By the Court, - "Y M. L. Ebert, Jr., 0 J. William McLaughlin, Plaintiff HP-2381 C SCI-Rockview rw Box A Bellefonte, PA 16823 ' ?Jo Steven C. Gould, Esquire Office of Attorney General c7 == Z; CD M Torts Litigation Section° 15th Floor, Strawberry Square Harrisburg, PA 17120 raig Stone, Esquire Michael C. Mongiello, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 bas cow ? .. c glam /10 F WILLIAM MCLAUGHLIN IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. ~ {-- ~ a ~, ~~a o c, -1 ~-~ TERESA LAW AND -~' `' ~ _ ~~ BARRY BEAVEN, MD, NO. 10-552 CIVIL ORDER OF COURT =~~~ ~ ~3-~- , ,~. this 6th day of October, 2010, the Court being in receipt a ,;,, AND NOW , .r~ ; notice of appeal in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Defendant file a concise statement of the errors complained of on appeal on or before October 27, 2010 2. The Statement shall be filed of record; 3. The Statement shall be served on this Court pursuant to Pa.R.A.P., Rule 1925(b) (1 ); IT IS FURTHER ORDERED AND DIRECTED that any issue not properly included in the Statement shall be deemed waived. By the Court, ~~ M. L. Ebert, Jr., J. ~Iliam McLaughlin, Pro Se Plaintiff H P-2381 SCI-Rockview 3 Box A Bellefonte, PA 16823 1 even C. Gould, Esquire Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 /Craig Stone, Esquire 0 Michael C. Mongiello, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 bas i _ i WILLIAM MCLAUGHLIN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TERESA LAW AND BARRY BEAVEN, MD, NO. 10-552 CIVIL ORDER OF COURT AND NOW, this 13th day of October, 2010, the Order of Court dated October 6, 2010, is vacated. IT IS HEREBY ORDERED AND DIRECTED that: 1. Plaintiff file a concise statement of the errors complained of on appeal on or before November 3, 2010 2. The Statement shall be filed of record; 3. The Statement shall be served on this Court pursuant to Pa.R.A.P., Rule 1925(b) (1); IT IS FURTHER ORDERED AND DIRECTED that any issue not properly included in the Statement shall be deemed waived. By the Court, ?' ?'al \ k - N\ / M. L. Ebert, Jr., J. William McLaughlin, Pro Se Plaintiff HP-2381 SCI-Rockview Box A _.., Bellefonte, PA 16823 f ``R I i even C. Gould, Esquire Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 1---Iff'raig Stone, Esquire Michael C. Mongiello, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 bas maLl9.r_ tv?t 3 / ?U l I ~u~erior court of ~enn~pibar><ia Karen Reid Bramblett, Esq. Prothonotary Middle District Milan K. Mrkobrad, Esq. Deputy Prothonotary October 29, 2010 Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: William Mclaughlin Appellant v. Teresa M. Law & Teresa Beaven 1768 MDA 2010 Trial Court Docket No: 10-552 Dear Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 (717) 772-1294 www. superior.court.state.pa.us Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Respectfully, Milan K. Mrkobrad, Esq. Deputy Prothonotary /krc Enclosure 2:26 P.M. Appeal Docket Sheet Docket Number: 1768 MDA 2010 Page 1 of 2 October 29, 2010 William Mclaughlin Appellant v. Teresa M. Law & Teresa Beaven Initiating Document: Case Status: Case Processing Status: Journal Number: Case Category: Notice of Appeal IFP Active October 29, 2010 Civil CQNSOLIDATED CASES `" Superior Court of Pennsylvania Secure CAPTION CASE `1NFORMATIQN Awaiting Original Record Case Type(s) SCHEDULEQ El/ENT Civil Action Law RELATED CASES Next Event Type: Original Record Received Next Event Due Date: November 8, 2010 Next Event Type: Receive Docketing Statement Next Event Due Date: November 12, 2010 C©UNSEh INFORMATION Appellant Mclaughlin, William Pro Se: Yes Appoint Counsel Status: Not Represented IFP Status: Yes Pro Se: Mclaughlin, William Address: HP 2381 SCI Rockview P.O. Box A Bellefonte, PA 16823 Phone No: Fax No: Receive Mail: Yes Receive EMail: No Appellee Law, Teresa M. Pro Se: No Appoint Counsel Status: Represented IFP Status: Attorney: Gould, Steven Craig Bar No: 080156 Law Firm: PA OfFce of Attorney General Address: Off of Attorney General. Strawberry Sq 15th FI Harrisburg, PA 17120 Phone No: (717) 783-8035 Fax No: (717) 772-4526 Receive Mail: Yes Receive EMail: No 2:26 P.M. Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 1768 MDA 2010 Page 2 of 2 Secure October 29, 2010 COUNSEL INFORMATION Appellee Beaven, Teresa Pro Se: No Appoint Counsel Status: Represented IFP Status: Attorney: Stone, Craig A. Bar No: 015907 Law Firm: Marshall, Dennehey, Warner, Coleman & Goggin, P.C. Address: 4200 Crums Mill Rd Ste B Harrisburg, PA 17112 Phone No: (717) 651-3502 Fax No: (717) 651-9630 Receive Mail: Yes Receive EMail : No AGENCY/TRIAL"COURT INFQRAAATION Court Below: Cumberland County Court of Common Pleas County: Order Appealed From: Cumberland Division: August 27 2010 Cumberland County Civil Division Documents Received: , Judicial District: October 29, 2010 Notice of Appeal Filed: Og September 7 2010 Order Type: Judgment Entered , OTN(s): Lower Ct Docket No(s):10-552 Lower Ct Judge(s): Ebert, Merle L., Jr. Judge ORIGINAL RECORD CONTENT Original Record Item Filed Date Content Description Date of Remand of Record: BRIEFING SCHEDULE None None DOCKET ENTRY Filed Date Docket Entry /Representing Participant Type Filed By October 29, 2010 Notice of Appeal IFP Docketed Appellant Mclaughlin, William Comment: Awaiting proof of service from appellant to trial court judge and all attorneys of record. O t b c o er 29, 2010 Docketing Statement Exited (Civil) Middle District Filing Office Karen Reid Bramblett, Esq. Prothonotary Milan K. Mrkobrad, Esq. Deputy Prothonotary Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: William Mclaughlin Appellant V. Teresa M. Law & Teresa Beaven 1768 M DA 2010 Trial Court Docket No: 10-552 Dear : Middle District October 29, 2010 Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 (717) 772-1294 www. superior. court. state. pa. us Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Intemet at the Web site address printed at the top of this page. Thank you. Respectfully, /krc Enclosure Milan K. Mrkobrad, Esq. Deputy Prothonotary 0 b 0 ;;L3 a 2:26 PW. Appeal Docket Sheet Docket Number: 1768 MDA 2010 Page 1 of 2 October 29, 2010 Superior Court of Pennsylvania Secure CAPTION William Mclaughlin Appellant v. Teresa M. Law & Teresa Beaven Initiating Document: Notice of Appeal IFP Case Status: Active Case Processing Status: October 29, 2010 Journal Number: Case Category: Civil CASE INEt i1ATION Awaiting Original Record Case Type(s): CONSOLIDATED CASES SCHEDULED EVENT Next Event Type: Original Record Received Next Event Type: Receive Docketing Statement COUNSEL IWORMATION Appellant Mclaughlin, William Pro Se: Yes Appoint Counsel Status: Not Represented IFP Status: Yes Pro Se: Mclaughlin, William Address: HP 2381 SCI Rockview P.O. Box A Bellefonte, PA 16823 Phone No: Fax No: Receive Mail: Yes Receive Entail: No Civil Action Law RELATED CASES Next Event Due Date: November 8, 2010 Next Event Due Date: November 12, 2010 Appellee Law, Teresa M. Pro Se: No Appoint Counsel Status: Represented IFP Status: Attorney: Gould, Steven Craig Bar No: 080156 Law Firm: PA Office of Attorney General Address: Off of Attorney General Strawberry Sq 15th FI Harrisburg, PA 17120 Phone No: (717) 783-8035 Fax No: (717) 772-4526 Receive Mail: Yes Receive EMail: No X33 2:26 PA. Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 1768 MDA 2010 Page 2 of 2 Se cure October 29, 2010 COUNSEL INFORMATION Appellee Beaven, Teresa Pro Se: No Appoint Counsel Status: Represented IFP Status: Attorney: Stone, Craig A. Bar No: 015907 Law Firm: Marshall, Dennehey, Warner, Coleman & Goggin, P.C. Address: 4200 Crums Mill Rd Ste B Harrisburg, PA 17112 Phone No: (717) 651-3502 Fax No: (717) 651-9630 Receive Mail: Yes Receive EMai l: No AGENCY1TRIAL COURT INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Cumberland County Civil Division Order Appealed From: August 27, 2010 Judicial District: 09 Documents Received: October 29, 2010 Notice of Appeal Filed: September 7, 2010 Order Type: Judgment Entered OTN(s): Lower Ct Docket No(s ):10-552 Lower Ct Judge(s): Ebert, Merle L., Jr. Judge ORIGINAL RECORD CONTENT Original Record Item Filed Date Content Description Date of Remand of Record: BRIEFING SCHEDULE None None DOCKET ENTRY Filed Date Docket Entry / Representing Participant Type Filed By October 29, 2010 Notice of Appeal IFP Docketed Appellant Mclaughlin, William Comment: Awaiting proof of service from appellant to trial court judge and all attorneys of record. October 29, 2010 Docketing Statement Exited (Civil) Middle District Filing Office ';u l7 Karen Reid Bramblett, Esq. Prothonotary Milan K. Mrkobrad, Esq. Deputy Prothonotary RE: William Mclaughlin Appellant Middle District November 16, 2010 V. Teresa M. Law & Teresa Beaven 1768 MDA 2010 Trial Court Docket No: 10-552 Dear Mr. Mclaughlin Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 (717) 772-1294 www. superior. court.state. pa.us Enclosed please find a copy of the CORRECTED DOCKET for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Respectfully yours, Milan K. Mrkobrad, Esq. Deputy Prothonotary Jvsl Enclosure cc: Buell, David D., Prothonotary Court Reporter Judge The Honorable Merle L Ebert Jr. s: , Steven Craig Gould, Esq. l Craig A. Stone, Esq. - ` - = "y1 11:23 A.M. Appeal Docket Sheet Docket Number: 1768 MDA 2010 Page 1 of 2 November 16, 2010 William Mclaughlin Appellant V. Teresa M. Law & Teresa Beaven Initiating Document: Case Status: Case Processing Status: Journal Number: Case Category: Superior Court of Pennsylvania Secure CA1?'IWI? N Notice of Appeal IFP Active October 29, 2010 Awaiting Original Record Civil Case Type(s): Civil Action Law CCMEittJlDAM CASES SORE ULS-0reV T RELATED CAft Next Event Type: Original Record Received Next Event Due Date: November 8, 2010 WUN9EL 'tlf Appellant Mclaughlin, William Pro Se: Yes Appoint Counsel Status: Not Represented IFP Status: Yes Pro Se: Mclaughlin, William Address: HP 2381 SCI Rockview P.O. Box A Bellefonte, PA 16823 Phone No: Fax No: Receive Mail: Yes Receive EMail: No Appellee Law, Teresa M. Pro Se: No Appoint Counsel Status: Represented IFP Status: Attorney: Gould, Steven Craig Bar No: 080156 Law Firm: PA Office of Attorney General Address: Off of Attorney General Strawberry Sq 15th FI Harrisburg, PA 17120 Phone No: (717) 783-8035 Fax No: (717) 772-4526 Receive Mail: Yes Receive EMail: No 11:23 A.M. Appeal Docket Sheet Docket Number: 1768 MDA 2010 Page 2 of 2 November 16, 2010 t3?E>L Appellee Beaven, Barry Pro Se: No Appoint Counsel Status: Represented IFP Status: Attorney: Stone, Craig A. Bar No: 015907 Law Firm: Marshall, Dennehey, Warner, Coleman & Goggin, P.C. Address: 4200 Crums Mill Rd Ste B Superior Court of Pennsylvania Secure Harrisburg, PA 17112 Phone No: (717) 651-3502 Fax No: (717) 651-9630 Receive Mail: Yes Receive Entail: No AGEKY/TRIAL COURT 9IFOFWATfeN Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Order Appealed From: August 27, 2010 Judicial District: Documents Received: October 29, 2010 Notice of Appeal Filed: Order Type: Judgment Entered OTN(s): Lower Ct Docket No(s):10-552 Lower Ct Judge(s): Ebert, Merle L., Jr. Judge Cumberland County Civil Division 09 September 7, 2010 OIL RECORD t3M'I Wr Original Record Item Filed Date Content Description Date of Remand of Record: None None DOCK '1WRY Filed Date Docket Entry / Representing Participant Type Filed By October 29, 2010 Notice of Appeal IFP Docketed Appellant Mclaughlin, William Comment: Awaiting proof of service from appellant to trial court judge and all attorneys of record. October 29, 2010 Docketing Statement Exited (Civil) Middle District Filing Office November 16, 2010 Docketing Statement Received (Civil) Appellant Mclaughlin, William WILLIAM MCLAUGHLIN, PLAINTIFF V. TERESA LAW, AND BARRY BEAVEN, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-552 CIVIL IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925 Ebert, J, November 19, 2010 - This opinion is written pursuant to Pa. R.A.P. 1925(a). Plaintiff has filed a Statement of Matters Complained of on Appeal pursuant to Pa. R.A.P. 1925(b) and appeals on the following grounds:' 1. The lower court erred in failing to extend lenient consideration to pro se Plaintiff's efforts in obtaining a medical Certificate of Merit; 2. The lower court erred in failing to provide Appellant due process of law, and direct Appellant be provided necessary medical records to obtain Certificate of Merit; 3. The lower court erred in failing to direct that pro se incarcerated Plaintiff be transported to Dr. Sullivan for examination relevant to his Certificate of Merit; 4. The lower court erred in failing to conduct a pre-trial hearing/conference, where Dr. Sullivan would provide Certificate of Merit via in-court testimony; 5. The lower court erred in failing to construe pro se Plaintiff's motion for medical records from Dr. Sullivan as a Rule 4009.1 thru 27 Subpoena of Documents; 6. The lower court erred in failing to provide pro se incarcerated Plaintiffs opportunity and/or due process of law in prosecuting medical complaints/claims. Procedural History The procedural history in this case shows that Plaintiff has repeatedly asked this Court for extensions or exceptions to procedural requirements. Plaintiff has been ' Concise Statement of Matters Complained of on Appeal, filed Oct. 7, 2010. granted significant time and opportunity to comply with the required procedures, but has still failed to file a Certificate of Merit. Plaintiff filed a complaint on January 25, 2010. Defendant Teresa Law, as a Commonwealth Defendant, filed Preliminary Objections to Plaintiff's Complaint on February 24, 2010. On March 9, 2010, Defendant Law filed a Notice of Intention to Enter Judgment of Non Pros for failure to file Certificate of Merit. On March 15, 2010, Plaintiff filed a Motion for Extension of Time for Plaintiff to File Reply to Defendants' Preliminary Objections, which this Court granted on March 18, 2010. On March 22, 2010, Plaintiff filed a Motion to Extend Filing of Certificate of Merit. By Order of March 29, 2010, this Court directed Plaintiff to file his Certificate of Merit on or before April 30, 2010, and that a Non Pros should not be entered until May 3, 2010, should the Plaintiff fail to file the Certificate of Merit. Defendant Beaven filed a Praecipe to Enter Judgment of Non Pros Pursuant to Pa. R.C.P. No. 1042.7, and Notice of Entry of Judgment of Non Pros was entered by the Cumberland County Prothonotary on May 3, 2010. On June 24, 2010, the Court issued an Order striking the May 3, 2010, Judgment of Non Pros as premature because Plaintiff's Motion for Exception to Certificate of Merit Pending Discovery Due to Extraordinary Circumstances filed April 13, 2010, was still pending before the Court. The June 24, 2010, Order granted Plaintiff until August 23, 2010, to file the Certificate of Merit, and stated that no further extensions of time would be granted. On July 22, 2010, Plaintiff filed a Motion for Discovery of Medical Records to Assist Plaintiff in Obtaining Certificate of Merit, which this Court denied on August 5, 2010. A second Entryof Non Pros was entered against Plaintiff on August 24, 2010. On September 7, 2010, Plaintiff 2 filed a Motion to Strike Judgment of Non Pros and at the same time filed a Notice of Appeal from the Judgment of Non Pros along with a Motion for Leave for Plaintiff to Proceed in Forma Pauperis on Appeal. Statement of Facts Plaintiff is William McLaughlin, pro se, who is currently incarcerated at the State Correctional Institution at Rockview in Bellefonte, Pennsylvania.2 In August 2008, Plaintiff was an inmate at SCI-Camp Hill in Cumberland County, Pennsylvania.3 Plaintiff alleges that in August 2008 he injured his knee while exercising in the prison yard. Plaintiff went to the prison infirmary, where the attending physician examined Plaintiff's knee and suggested that Plaintiff may have ruptured his quadriceps, and that Plaintiff required surgery. That same day, Plaintiff was taken to Holy Spirit Hospital and alleges that the attending emergency room physician confirmed that Plaintiff had ruptured his quadriceps and that immediate surgery was necessary.5 Plaintiff alleges that correction officers prohibited him from having the surgery that day, and he was instead returned to SCI-Camp Hill.6 In September 2008, Plaintiff was taken from SCI-Camp Hill to Memorial Hospital in York, Pennsylvania, were an M.R.I. was taken of Plaintiffs injury.7 In October 2008, Plaintiff was taken to Dr. Sullivan in York, Pennsylvania. Plaintiff again claims that he was not permitted to have the surgery, and he was returned to SCI- Camp Hill.a In November 2008, Plaintiff had surgery at Memorial Hospital in York, z Plaintiff's Complaint, filed Jan. 25, 2010. 3 Pl. Compl. at $ 5. 4 Pl. Compl. at ¶ 8. 5 Pl. Compl. at ¶ 10. 6 Pl. Compl. at $ 13. Pl. Compl. at $ 16. s Pl. Compl. at ¶ 23. Pennsylvania, performed by Dr. Sullivan.9 Plaintiff had a follow-up examination in January 2009.10 Plaintiff claims that on June 22, 2009, and October 1, 2009, he experienced pain and swelling in his knee and visited the medical facility at SCI- Rockview." Plaintiff claims that Dr. Sullivan advised him post-surgery that the ruptured quadriceps could not be repositioned and that this could cause at least a 50 percent limitation of the injured leg.12 Plaintiffs claims against the Defendants are based on Plaintiff's belief that Defendants prevented him from having immediate surgery, and that delay in surgery prevented full recovery of his knee injury. Discussion Plaintiff's appeal is based on his belief that he was denied due process of law because of his incarceration and because of his status as a pro se plaintiff. However, as discussed below, Plaintiff had access to court procedures available to any other litigant, and his status as a pro se plaintiff or as an incarcerated individual had no bearing on his failure to file the appropriate documents. 1. Failure to File Certificate of Merit A judgment of Non Pros was entered against Plaintiff for his failure to file a Certificate of Merit as required by Pa. R.C.P. No. 1042.3 for all professional liability claims. In numerous filings with this Court, Plaintiff has requested a suspension of the rule, an extension for filing, requested assistance from this Court in requiring that documents be provided to him that would aid in his obtaining the Certificate of Merit, 9 P1. Compl. at ¶ 25. 10 P1. Compl. at ¶ 31-32. I' P1. Compl. at ¶ 35, 37. 12 Pl Compl. at ¶ 44-45. 4 and requested that testimony be accepted in lieu of a written Certificate of Merit as required by the rule. A Certificate of Merit is a confirmation that: an appropriate licensed professional has supplied a written statement that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited 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, ... Pa. R.C.P. No. 1042.3(a)(1). A. This Court was not responsible for ordering Plaintiff's medical records. Plaintiff appeals in part because the Court denied his request to have the Court order Defendants to provide Plaintiff with his medical records in order to assist him in obtaining a Certificate of Merit. Denial of Plaintiff's request was proper, as the proper avenue for obtaining his medical records was to subpoena the appropriate non-party to the suit, not to involve the Court. Plaintiffs argument is misplaced and Plaintiff is misconstruing Rules 1042.3 and 1042.5. Plaintiff basically argues that his request to have the Court order Defendants to provide his medical records was done under 1042.5, which provides that the Court shall allow discovery necessary to determine whether Defendants deviated from the standard of care. Rule 1042.5 clearly states that: Except for the production of documents and things or the entry upon property for inspection and other purposes, a plaintiff who has asserted a professional liability claim may not, without leave of court, seek any discovery with respect to that claim prior to the filing of a certificate of merit. Note: Upon motion seeking leave of court, the court shall allow any discovery which is required for a licensed professional to make a determination as to whether a defendant deviated from accepted professional standards. Pa. R.C.P. No. 1042.5. 5 Plaintiff did not need leave of court to request "production of documents and things." Clearly, Plaintiff's own medical records are documents and the proper procedure for obtaining such discovery is outlined in Pa. R.C.P. 4009. 1, Production of Documents and Things, and, specifically, Pa. R.C.P. 4009.21, Subpoena Upon a Person Not a Party for Production of Documents and Things. Plaintiff has had ample opportunity and time to acquire his own medical records, and the Court had no obligation to order the medical records for him before he initiated any kind of procedure to acquire them on his own. 8. The Court should not have construed Plaintiff's Motion as a Subpoena. Plaintiff also argues that the Court erred because it failed to construe his Motion for Discovery of Medical Records to Assist Plaintiff in Obtaining Certificate of Merit as a subpoena. This Court was under no obligation to construe his Motion as a subpoena, and certainly would not have done so if filed by counsel under any other circumstances. The Pennsylvania Commonwealth Court has stated that A court must remain neutral and cannot act as the attorney for pro se litigants or be responsible for bringing a litigant's suit into compliance with the rules of civil procedure. As the trial court in this matter aptly noted, the burden to comply with all procedural rules lies with the plaintiff who chose to initiate the suit, pro se. Fraisar v. Gillis, 892 A.2d 74, 76-77 (Pa.Cmwlth. 2006). The Pennsylvania Superior Court has made it clear that a pro se litigant is not afforded special consideration. In Rich v. Acrivos, the Court stated that While this court is willing to liberally construe materials filed by a pro se litigant, we note that appellant is not entitled to any particular advantage because she lacks legal training. (quoting O'Neill v. Checker Motors Corp., 567 A.2d 680, 682 (Pa. Super. 1989). Further, "any layperson choosing to represent himself in a legal proceeding must, to some reasonable extent, 6 assume the risk that his lack of expertise and legal training will prove his undoing." (quoting Vann v. Com., Unemployment Compensation Board of Review, 494 A.2d 1081, 1086 (1985). Rich v. Acdvos, 815 A.2d 1106, 1108 (Pa. Super. 2003). While the Court may liberally construe materials, it is not appropriate to give Plaintiff the advantage of avoiding the proper procedure of serving a subpoena in order to obtain his medical records. This Court should not have interpreted Plaintiff's Motion as a subpoena, which is far beyond simply a liberal interpretation. Such a request is effectively asking the Court to act as counsel to complete tasks that were Plaintiff's responsibility. Plaintiff presents no evidence that he ever attempted to obtain his medical records. Dr. Sullivan's letter of March 31, 2010, informed Plaintiff that "Prison Health Services in Brentwood, TN has a copy of your medical records regarding treatment at our facility" and Plaintiff could have contacted Prison Health Services and simply asked for a copy of his own records. If they did not comply with the request, Plaintiff could have subpoenaed the records from Prison Health Services. This was the proper procedure for Plaintiff to obtain his own medical records. Instead, Plaintiff improperly requested that the Court order Defendants to provide Plaintiff with his medical records. C. The Court was not obligated to show Plaintiff any further leniency. Plaintiff misinterprets the reasons for extension allowed by Rule 1042.3 and mistakenly asks the Court for exceptions which are not provided for in the rule. According to the rule, extensions are allowed for "good cause shown," and there is no discretion given to the Court to suspend the rule under any circumstances or to take testimony in lieu of a written Certificate of Merit as requested by Plaintiff. 7 The Pennsylvania Superior Court discusses the purpose of the filing of a Certificate of Merit below: The law requires only that the failure [to file the certificate] be accompanied by a reasonable explanation or a legitimate excuse. Keeping in mind that the opening of a judgment is an appeal to the equitable powers of the court, ... The purpose of requiring a certificate of merit is to help eliminate frivolous claims of professional negligence and, possibly, to help hasten the prosecution of the same. Another recognized purpose of the rule can be found in Speicher v. Toshok, 63 Pa. D. & CAth 435, 443 (2003), where it was stated that "the purpose of these rules is to minimize the costs of defense and the time that a licensed professional must devote to the litigation until the plaintiff has been able to secure a certificate of merit." Almes v. Burket, 881 A.2d 861, 866 (Pa.Super. 2005). Pennsylvania courts have certainly recognized that there are times when a Plaintiff has a legitimate and reasonable excuse for failing to file a Certificate of Merit. See Almes v. Burket, supra (excuse for failure to file a Certificate of Merit was reasonable when attorney's mother-in-law's serious illness and subsequent death three days before Christmas and near the time the filing was due). See also Estate of Aranda v. Amrick, 987 A.2d 727 (Pa. Super. 2009) (appellant's excuse reasonable when failure was oversight by appellant's counsel who had properly filed 14 of the 15 required Certificates of Merit). Plaintiff in this case has presented no excuses other than (1) that he is incarcerated, (2) that he has contacted various doctors but none has been willing to provide a Certificate of Merit, and (3) that he is unskilled in the profession of law. Nevertheless, this Court has repeatedly given significant latitude to Plaintiff in allowing for numerous extensions. Plaintiff has still failed to present any good cause in his latest Motion to Strike Judgment of Non Pros. 8 The Court's eventual denial of continued extensions of the time for filing Certificate of Merit, and further denial of Plaintiffs Motion to Strike Judgment of Non Pros is in accordance with the precise purpose of Rule 1042.3. Plaintiff admits that numerous attorneys have failed to take his case, which further suggests that Plaintiffs claim is without merit. Plaintiff has not shown that he has taken any steps to obtain his medical records on his own, and seems to think that doctors are trying to circumvent his efforts when they require medical records in order to provide a Certificate of Merit. Being pro se does not afford Plaintiff any special consideration or leniency. Plaintiff cannot fail to take necessary steps to advance his case and then claim that he has been denied due process of law. He first must take the proper steps, all of which have been available to him as a pro se Plaintiff. Furthermore, this Court was under no obligation to order Plaintiff to be examined by Dr. Sullivan for the purposes of obtaining a Certificate of Merit. Again, obtaining the Certificate of Merit is Plaintiff's responsibility and he had access to procedures that allowed him to serve a subpoena for his medical records. Clearly, Plaintiff had the means to carry out other legal procedures as evidenced by his numerous motions and other filings. His status as a pro se litigant or as an incarcerated person had no bearing on his access or ability to follow the proper procedures. Conclusion Plaintiff has made continued use of the legal system to file requests for exceptions and extensions to the appropriate procedures required to advance his case, yet he claims to have been denied due process of law because he is an incarcerated 9 pro se litigant. He chose to initiate and continue his case pro se because he cannot find an attorney who will represent him. This Court has repeatedly given Plaintiff the opportunity and time to comply with the required procedures, yet he has continued to fail to do so. The Court is not obligated to make special allowances for a pro se litigant, and to grant the types of requests Plaintiff has requested throughout this lawsuit would have been unfair and error. This Court has properly handled each request presented to it by Plaintiff, and has not denied Plaintiff due process of law in any way. ? William McLaughlin Plaintiff, pro se SCI-Rockview Box A Bellefonte, PA 16823 M. L. Ebert, Jr., Steven C. Gould, Esquire Attorney for Defendant CD -n Craig Stone, Esquire =rn o crni= Attorney for Defendant :r © ? eop,. ??d .? 4 10 By the Court, CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: William McLaughlin Vs. Teresa Law and Doctor Blevins 2010-552 Civil 1768 MDA 2010 The documents comprising the record have been numbered from No.1 to 249, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 11/24/2010 An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title Commonwealth of Pennsylvania ss: County of Cumberland 1, David D. Buell , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein William McLaughlin Plaintiff, and Teresa Law and Doctor Blevins ?fCnvan? .t•, F ?. before the said Court at No. 2010-552 of Civil Term. In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this 24th day of November A. D., 2010 Prothonotary 1, Kevin A. Hess President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that David D. Buell , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and caught to be given as well in Courts of judicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by the proper officer. a AL President Judge Commonwealth of Pennsylvania ss: County of Cumberland 1, David D. Buell Prothonotary bf the Court of Common Pleas in and for the said County, do certify that the Honorable Kevin A. Hess by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seal of said Court this 24th day of November A. D. 2010 Prothonotarv No. Term 19 N o 2010-552 Civil Term 1768 MDA 2010 William McLaughlin Versus Doctor Blevins From EXEMPLIFIED RECORD Cumberland County Debt, . . . $ Int. from Costs Entered and Filed Prothonotary. Among the Records and Proceedings enrolled in the court of Common Pleas in and for the Cumberland county in the Commonwealth of Pennsylvania 2010-552 to No. 1768 MDA 2010 Term. 19 is contained the following: COPY OF Appearance DOCKET ENTRY William McLuaghlin vs. Teresa Law and Doctor Blevins **SEE CERTIFIED COPY OF DOCKET ENTERIES** PYS511 Cumberland County Prothonotary's Office Page L Civil Case Print 2010-00552 MCLAUGHLIN WILLIAM (vs) LAW TERESA ET AL Reference No..: Filed......... 1/25/2010 Case Type ..... . COMPLAINT Time. ... 3.49 Judgment......: .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: 1768 MDA2010 Higher Crt 2.: ******************************************************************************** General Index Attorney Info MCLAUGHLIN WILLIAM PLAINTIFF SCI-ROCKVIEW HP-2381 PO BOX A BELLEFONTE PA 16823 0820 LAW TERESA DEFENDANT GOULD STEVEN C SCI-CAMP HILL P 0 BOX 598 CAMP HILL PA 17001 BLEVINS DOCTOR DEFENDANT STONE CRAIG A SCI-CAMP HILL P 0 BOX 598 CAMP HILL PA 17001 ******************************************************************************** Judgment Index Amount Date Desc MCLAUGHLIN WILLIAM 5/03/2010 JUDGMENT OF NON PROS MCLAUGHLIN WILLIAM 98242010 JUDGMENT OF NON PROS /13/2010 JUDGMENT OF NON PROS MCLAUGHLIN WILLIAM ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 13_? y 1/25/2010 COMPLAINT - BY WILLIAM MCLAUGHLIN PLFF PRO SE ------------------------------------------------------------------- 3-/ a 1/25/2010 APPLICATION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND VERIFIED STATEMENT IN SUPPORT - BY WILLIAM MCLAUGHLIN PLFF PRO SE ------------------------------------------------------------------- f-? 1/28/2010 ORDER ANDR /VERIFIED/STATEMENT INPSUP SUPPORT - PLFFCISDGRANTED MLEAVE TO PROCEED IN FORMA PAUPERIS - BY M L EBERT JR J - COPIES MAILED 1/28/10 ------------------------------------------------------------------- -a 9 2/22/2010 PL INTIFF'S MOTION FOR ORDER OF SERVICE - BY WILLIAM MCLAUGHLIN P PRO SE ------------------------------------------------------------------- 3b-3J 2/22/2010 PRAECIPE FOR ENTRY'OF'APPEARANCE FOR DEFT TERESA LAW - BY STEVEN C GOULD ESQ ---------------------------------------------------- 2/23/2010 AMENDED ORDER OF COURT - 2/23/10 - THE ORDER OF COURT DATED 1/28/10 IS AMENDED TO PROVIDE THAT THE THIRD PARAGRAPH THE WORD DEFT IS AMENDED TO THE WORD PLFF SO THAT THE PLFF WILL NOT BE REQUIRED TO PAY THE SHERIFFS COST - THE REMAINDER OF THE ORDER SHALL BE IN FULL FORCE AND EFFECT - BY M L EBERT JR J - COPIES MAILED 2/23/10 ------------------------------------------------------------------- a.S 2/23/2010 O DERMOL ECOURT BERT - 2/23/10 COPIESIN RE:PLFF2/20TI N FOR ORDER OF SERVICE ------------------------------------------------------------------- 2/24/2010 COMMONWEALTH DEFENDANT'S PRELIMINARY OBJECTIONS TO PLFFS COMPLAINT - BY STEVEN C GOULD ATTY,FOR DEFT COMMONWEALTH ---------------------------------- 1--------------------------------- !?D 3/03/2010 SHERIFF'S RETURN - 3/1/10 - COMPLAINT AND NOTICE UPON DEFT TERESA LAW AT 55 UTLEY DRIVE CAMP HILL 17011 SHERIFF'S RETURN - 3/1/10 - COMPLAINT AND NOTICE UPON DEFT DOCTOR BLEVINS AT 55 UTLEY DRIVE CAMP HILL 17011 ------------------------------------------------------------------- (LI-?aZ 3/09/2010 NOTICE OF INTENTION TO ENTER JUDGMENT OF NON PROS ON PROFESSIONAL LIABILITY CLAIM - BY STEVEN C GOULD ESQ PYS511 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2010-00552 MCLAUGHLIN WILLIAM (,kYs) LAW TERESA ET AL Reference No... Filed......... 1/25/2010 Case Type ..... . COMPLAINT Time. .... . 3.49 Judgment..... .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: 1768 M A2010 Higher Crt 2.: ------------------------------------------------------------------- & %- to ?/3/15/2010 MOTION FOR EXTENSION OF TIME FOR PLAINTIFF TO FILE REPLY TO COMMONWEALTH DEFENDANT'S PRELIMINARY OBJECTIONS - BYrWILLIAM MCLAUGHLIN PLFF PRO SE ------------------------------------------------------------------- b3 3/19/2010 ORDER OF COURT - 3/18/10 IN RE:,MOTION OF EXTENSION OF TIME FOR PLFF TO FILE REPLY TO COMMONWEALTH DEFTS PRELIMINARY OBJECTIONS - MOTION IS GRANTED - BY M L EBERT JR.J - COPIES MAILED 3/19/10 ------------------------------------------------------------------- 7(7- 7 8 3/22/2010 PLAINTIFF'S MOTION TO EXTEND FILING OF CERTIFICATE OF MERIT - BY WILLIAM MCLAUGHLIN PLFF PRO SE ----- -------------- --------- ------ -------- -------------- ----------- 3/30/2010 ENQTRY OF APPEARANCE FOR DEFT BARRY BEAVENS MD - BY CRIAG A STONE ------------------------------------------------------------------- 9.3 3/30/2010 NOTICE OF INTENTION TO ENTER JUDGMENT OF NON PROS ON PROFESSIONAL LIABILITY CLAIMS PURSUANT TO PA RCP NO 1042.6 BROUGHT BY PLFF WILLIAM MCLAUGHLIN OF DEFT BARRY BEAVENS MD INCORRECTLY NAMED AS -- Dv^cT?^i«DE?a P7S BY CRAIG" -A STONE TTY FOR DEFT BARRY BEAVENS MD ------------------------------------------------------------------- 3/30/2010 ORDER OF COURT 3/29/10 IN RE: PLFFS MOTION TO EXTEND FILING OF CERTIFCATE OF MERIT - BY M L EBERT JR J - COPIES MAILED 3/30/10 ------------------------------------------------------------------- 4/13/2010 MOTOTIONEXTRAORDINARYFOR BOFWILLIAMPENDING MCLAUGHLIN PLFF PRO SE --------------------------------------------------- gy 4/15/2010 ORDER OF COURT - 4/15/10 IN RE: PLFFS MOTION FOR EXCEPTION TO CERTIFICATE OF MERIT PENDING DISCOVERY DUE TO EXTRAORDINARY CIRCUMSTANCES - IT IS HEREBY ORDERED AND DIRECTED THAT 1- A RULE IS ISSUED UPON THE DEFTS TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE GRANTED 2- THE DEFTS WILL FILE AN ANSWER ON OR BEFORE 5/5/10 3- UPON RECEIPT OF THE DEFTS ANSWER TO THIS RULE TO SHOW CAUSE THE COURT WILL DETERMINE IF FURTHER ORDER OR HEARING IS NECESSARY 4- **** THE PROTHONOTARY IS DIRECTED TO FORWARD SAID ANSWER TO THIS COURT **** - BY M L EBERT JR J - COPIES MAILED 4/15/10 ------------------------------------------------------------------- C? 4/20/2010 DEFENDANTS JOINT ANSWER IN OPPOSITION TO PLFFS MOTION FOR EXCEPTION TO CERTIFICATE OF MERIT PENDING DISCOVERY DUE TO EXTRAORDINARY CIRCUMSTANCES - BY MICHAEL C MONGIELLO ATTY FOR DEFT BARRY BEAVENS MD ------------------------------------------------------------------ 5/03/2010 PRAECIPE TO ENTER JUDGMENT OF NON PROS AND JUDGMENT OF NON PROS ENTERED PURSUANT TO PA RCP NO 1042.7 OF DEFENDANT BARRY BEAVEN MD (INCORRECTLY NAMED' AS "DR. BLEVINS") - BY MICHAEL C MONGIELLO ATTY FOR DEFT BARRY BEAVEN MD ------------------------------------------------------------------- 5/03/2010 NOTICE MAILED ------------------------------------------------------------------- 115-IL?5S/18/2010 PLAINTIFF'S MOTION TO STRIKE ERRONEOUS ENTRY OF JUDGMENT OF NON PROS - BY WILLIAM MCLAUGHLIN PLFF PRO SE ------------------------------------------------------------------- /a 5/26/2010 ANSWER TO PLFFS MOTION TO STRIKE ERRONEOUS ENTRY OF JUDGMENT OF NON PROS OF DEFT BARRY BEAVEN MD - BY MICHAEL C MONGIELLO ATTY FOR DEFT BARRY BEAVEN MD ------------------------------------------------------------------- 13/-/,3Z 6/24/2010 ORDER OF COURT - 6L24/10 - PLFFS. MOTION FOR EXCEPTION TO CERTIFICATE OF MERIIT PPENDING DISCOVERY DUE TO EXTRAORDINARY CIRCUMSTANCES IS DENIED - IT ZS FURTHER OFERED AND DIRECTED THAT THE JUDGMENT OF NON PROS IS STRICKEN - BY M L EBERT JR J - COPIES MAILED 6/24/10 ------------------------------------------------------------------- 7/22/2010 MOTION FOR DISCOVERY OF MEDICAL RECORDS TO ASSIST PLAINTIFF IN OBTAINING CERTIFICATE OF MERIT - BY WILLIAM MCLAUGHLIN PLFF PRO SE -------------------------------------------------------------------- /? -J3c/ 7/26/2010 ORDER OF COURT 7/26/10 IN RE: MOTION FOR DISCOVERY OF MEDICAL RECORDS TO ASSIST PLFF IN OBTAINING CERTIFICATE OF MERIT - IT PYS511 Cumberland County Prothonotary's Office Page 3 Civil Case Print 2010-00552 MCLAUGHLIN WILLIAM (vs) LAW TERESA ET AL Reference No..: Filed........: 1/25/2010 Case Type ..... : COMPLAINT Time........ 3:49 Judgment......: .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.,: 1768 MDA2010 Higher Crt 2: IS HEREBY ORDERED AND DIRECTED THAT 1- A RULE IS ISSUED UPON THE DEFTS TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE GRANTED 2- THE DEFTS WILL FILE AN ANSWER ON OR BEFORE 8/6/10 3- IF NO ANSWER TO THE RULE TO SHWO CAUSE IS FILED BY THE REQUIRED DATE THE RELIEF REQUESTED BY PLFF SHALL BE GRANTED UPON THE COURTS RECEIPT OF A MOTION REQUESTING RULE BE MADE ABSOLUTE - IF THE DEFTS FILE AN ANSWER TO THIS RULE TO SHOW CAUSE THE COURT WILL DETERMINE IF FURTHER ORDER OR HEARING IS NECESSARY - BY M L EBERT JR J - COPIES MAILED 7/26/10 ----------------------------------- -- ISjS-f?f 8/03/2010 DEFENDANT'S JOINT ANSWER IN OPPOSITION TO PLAINITFFS MOTION FOR - DISCOVERY OF MEDICAL RECORDS TO ASSIST PLAINTIFF IN OBTAINING CERTIFICATE OF MERIT - BY MICHAEL C MONGIELLO ATTY FOR DEFT BARRY BEAVENS MD ------------------------------------------------------------------- ,Sa 8/06/2010 ORDER OF COURT - DATED 08-05-10 - IN RE: PLFFS PRO SE MOTION FOR DICOOVERY OF MEDICAL RECORDS TO ASSIST PLFF IN OBTAINING CERTIFICATE OF MERIT - THE PLFFS MOTION IS DENIED - BY THE COURT M ----------------------------------------------------- - 8/24/2010 PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS AND JUDGMENT ENTERED BY CRAIG A STONE ESQ --------------------------------------------- j?j 9/07/2010 PLLAAINTIFI'SPMOOTION TOESTRIKE JUDGMENT OF NON PROS - BY WILLIAM MCLAUGHL PRO --------------------------------------------------------------- 43-197 9/07/2010 AMOTION PPEAL FOBRYLWILLIAORMCLAINTIFF TOFFROCEED IN FORMA PAUPERIS ON - PL PRO SE --------------------------- ------------------ ----------- ?g? ?pa9/07/2010 NOTICE OF APPEAL TO SUPERIOR COURT - BY WILLIAM MCLAUGHLIN PLFF PRO S ------------------------------------------------------ aO3??lf 9/13/2010 PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS AND JUDGMENT ENTERED PURSUANT TO PA R C P NO 1042.7 OF THE DEFENDANT TERESA LAW BY STEVEN C GOULD ESQ ------------------------------------------------------------------- f-9/24/2010 DEFENDANT DOCTOR BLEVIN'S ANSWER IN OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE JUDGMENT OF NON PROS (AND CONCURRENTLY FILED NOTICE TO APPEAL) - BY CRAIG A STONE ATTY FOR DEF DOCTOR BLEVINS ------------------------------------------------------------------- ajL ?!7 9/29/2010 ORDER OF COURT DATED 9-29-10 IN RE MOTION FOR LEAVE FOR PLAINTIFF TO PROCEED IN FORMA PAUPERIS ON APPEAL - MOTION IS ***DENIED AS MOOT*** - BY THE COURT M L EBERT JR J - COPIES MAILED 9-29-10 -------------- =------------------------------------------ ajg 9/29/2010 ORDER OF COURT DATED.9-29-10 IN-RE-MOTION-TO-STRIKE-JUDGMENT-IS- - - - **DENIED** - BY THE"COURT M L EBERT JR J - COPIES MAILED 9-29-10 ---------------------------------------------------- o?j9 o?aQ 10/06/2010 ORDER OF COURT DATED 10-6-10 IN RE DEFENDANT TO FILE A CONCISE STATEMENT OF THE ERRORS COMPLAINED OF ON APPEAL ON OR BEFORE OCTOBER 27 2010 - BY THE COURT M L EBERT JR J - COPIES MAILED 10-5-10 ---------------------------------- --------------------------------- aoZ!-o?o?a 10/08/2010 CONTINUATION OF IN FORMA PAUPERIS FOR APPEAL - BY WILLIAM MCLAUGHLIN PLFF PRO SE ---------------------------------------------------------- ?a a 2410/08/2010 PROI - SE OF-APPEAL TO SUPERIOR COURT - BY WILLIAM-MCLAUGHLIN-PLFF ------------------------------------------------------------------- a aj 10/13/2010 ORDER OF COURT DATED 10-13-10 IN RE ORDER OF COURT DATED OCTOBER 6 2010 IS **VACATED** - CONCIS& STATEMENT OF ERRORS COMPLAINED OF ON APPEAL IS ORDERED TO BE FILED-BY-PLAINTIFF BY NOVEMBER 3 2010 - BY THE COURT M L EBERT JR J - COPIES MAILED 10-13-10 ------------------------------------------------------------------- ?9-a7-;Z3//10/29/2010 PLAINTIFF'S CONCISE STATEMENT OF ERRORS COMPLAINED OF ON APPEAL - BY PLFF -------------------------------------------------------- a3 any 11/01/2010 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO #1768 MDA 2010 ------------------------------------------------------------------- PYS511 Cumberland County Prothonotary's Office Page 4 Civil Case Print 2010-00552 MCLAUGHLIN WILLIAM (vs) LAW TERESA ET AL Reference No..: Filed......... 1/25/2010 Case Type ..... . COMPLAINT Time. ... 3.49 Judgment......: .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: 1768 MDA2010 Higher Crt 2.": ?3 x.3'9-11/17/2010 CORRECTED SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO #1768 MDA 2010 ----------------------- 23?-0?IV11/19/2010 IN RE: OPINION PURSUANT TO PA RAP 1925 - BY M L EBERT JR J - COPIES MAILED 11/22/10 ------------------------------------------------------------------- 11/24/2010 NOTICE OF DOCKET ENTRIES MAILED TO WILLIAM MCLAUGHLIN STEVEN C GOULD ESQ CRAIG STONE ESQ a LG-k/ - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beg Bal Pmts/Adj End Bal ******************************** ******** ****** ******************************* JDMT 14.00 14.00 .00 JDMT 14.00 14.00 .00 JDMT 14.00 14.00 .00 ----------- ------------ 42.00 42.00 .00 ******************************************************************************** * End of Case Information TRUE COPY FROM RECORD M Testimony whom, t here unto set my hand and the seal of said Court at Carlisle, Pa. This day of W04-' . 201e verta- 1W CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: William McLaughlin Vs. Teresa Law and Doctor Blevins 2010-552 Civil 1768 MDA 2010 Reeefved In Supe ft Court N0V 2 4 2010 MIDDLE The documents comprising the record have been numbered from No.1 to 249, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 11/24/2010 -:21?cy Davi uell, P thonotary Regina Lebo, Deputy An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title