HomeMy WebLinkAbout11-5843DYANE V. SMITH, as Administratrix
d.b.n.c.t.a. of the Estate of SHIRLEY
BENNETT-LOTZ,
Plaintiff
V.
HOLY SPIRIT HOSPITAL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. /I -q ?y3 ?.?r(
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILITY ACTION
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by an attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN G ET LEGAL HEXP. ? _C)
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DYANE V. SMITH as Administratrix
d.b.n.c.t.a. of the Estate of SHIRLEY
BENNETT-LOTZ,
Plaintiff
V.
HOLY SPIRIT HOSPITAL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO.
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILITY ACTION
JURY TRIAL DEMANDED
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir
de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en
persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las
demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o
por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE
PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA
USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED
NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
??_?6 p? y
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DYANE V. SMITH as Administratrix
d.b.n.c.t.a. of the Estate of SHIRLEY
BENNETT-LOTZ,
Plaintiff
V.
HOLY SPIRIT HOSPITAL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO.
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILITY ACTION
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff, Dyane V. Smith, is the Administratrix d.b.n.c.t.a. of the Estate of Shirley
Bennett-Lotz, deceased.
2. Ms. Smith was appointed Administratrix d.b.n.c.t.a. by Letters of Administration
issued by the Register of Wills of Cumberland County on July 21,2011.
3. Decedent, Shirley Bennett-Lotz, died testate on or about November 21, 2010.
4. Defendant Holy Spirit Hospital, is a Pennsylvania corporation engaged in the
business of providing medical and emergency services to the public and maintains a hospital and
medical facilities in Camp Hill, Cumberland County, Pennsylvania.
5. Plaintiff is asserting a professional liability claim against Defendant Holy Spirit
Hospital by virtue of the actions and/or inactions of its agents, apparent agents, servants and/or
employees, as further described below.
6. Shirley Bennett-Lotz, then 82, had been admitted to Holy Spirit on July 29, 2009
with hemoptysis, nausea, abdominal discomfort, and vomiting.
7. The records note that she lived at home by herself and ambulated normally.
8. On admission, she was noted to have a dilated small bowel and diffuse abdominal
pain, suggesting small bowel obstruction.
9. Her past medical history included a thoracic aneurysm, corrected by surgery,
diverticulitis, and depression.
10. At the time of admission, she took multiple medications, none relating to her
lungs.
11. These medications included two narcotic pain medications, Endocet and Tylenol
No. 3; two anti-anxiety agents, Restoril and Xanax; and three anti-depressants, Doxepin, Prozac
and Amitriptyline.
12. These medications have the potential effect, in combination, to cause mental
confusion and hallucinations.
13. Shirley Bennett-Lotz, who had lost her husband 10 months previously, became
depressed and lost 50 lbs.
14. Over all she became chronically ill and undernourished.
15. Prior to retirement, Mrs. Bennett-Lotz had worked as the Executive Secretary to
the Administrator of Holy Spirit Hospital for many years.
16. Following admission, Dr. Howard Cohen diagnosed acute nausea, vomiting,
hematemesis of unknown etiology and chronic problems with severe anorexia, chronic pain
syndrome, hypoxemia of unknown etiology, prior thoracic aneurysm, depression, and anxiety.
17. Multiple notes suggest the acute gastrointestinal problem was an ileus of
unknown etiology. On July 31, 2009, at 1400 hours, Nurse Colleen Keeney saw the patient, and
2
recorded that Mrs. Bennett-Lotz was cognitively oriented. Under safety, Nurse Keeney recorded
that Mrs. Bennett-Lott had no history of falling.
18. However, at 1851 hours, on July 31, 2009, Nurse Keeney wrote, "Spoke with Dr.
Cohen because patient is acutely confused, patient is aware of her surroundings, oriented X 3,
but appears to be seeing things in her room and hearing things in the hallway. Reassured patient
per Dr. Cohen, he feels that this is due to withdrawal from medications and he does not want to
give her anymore at this time."
19. Nurse Keeney further recorded that Dr. Cohen would approve one-to-one care if
needed.
20. Under the safety provisions for that time, it was recorded that Mrs. Bennett-Lotz
was to receive precautions of a low bed, wheels locked, call light in reach, upper side rails x 2.
There was no record of alarms present and fall prevention indicated "yellow slippers."
21. On August 1, 2009, at 0703 hours, Ms. Bennett-Lotz was given "individualized
education."
22. The patient supposedly stated she understood that she was not to get out of the
bed without assistance. She had an NG tube and an IV infusing. Mrs. Bennett-Lotz also
indicated that she did not sleep at night and was very anxious and active.
23. On August 1, 2009 at 755 hours, there was a bed alarm ordered as a safety
precaution, as well as a fall preventative. There was also to be an elopement preventative and
other fall precautions besides the bed alarm, which included yellow slippers and yellow band.
24. On August 1, 2009, at 0930 hours, Nurse Newman reported, "Patient found on
floor. Bed alarm was on and didn't sound when patient got out of bed. Patient stated she was
3
walking to the chair and missed the edge of the chair when trying to sit down and sat on the
floor. Dr. Cohen's office was called and the answering service paged Dr. Ciccarelli, who is on
call. New orders written. X-rays and one-to-one sitter ordered. Patient lifted carefully back to
bed. Third side rail raised and over the bed tray on the left side."
25. There is no indication that the bed alarm had been checked to verify that it was in
working order before utilizing it with Mrs. Bennett-Lotz.
26. The engineering department was called to remove Mrs. Bennett-Lotz's non-
functioning bed alarm after the accident, according to the hospital chart.
27. Mrs. Bennett-Lotz's Morse Fall Scale was raised to 78, to include a history of
falling and that her mental status was now that she over estimates and forgets limitations.
28. Evidence of her prior status suggests that her mis-estimating and forgetting her
limitations was not a new condition.
29. On August 1, 2009, at 1035 hours, Nurse Newman recorded that Mrs. Bennett-
Lotz's pain rating was 9 at rest. It is also noted that the bed alarm was now working, so it was
finally checked.
30. On August 1, 2009, at 1500 to 1600 hours, Mrs. Bennett-Lotz was still confused
to place at intervals, disoriented to place. Safety precautions one-to-one with a sitter were in
place. Alarms were activated and accessible.
31. Following the fall, Mrs. Bennett-Lotz was diagnosed with a displaced femoral
neck fracture caused by the fall.
4
32. A consultation on August 1, 2009, by Dr. Jones revealed post-fracture
tachycardia, coarse lung sounds throughout the chest, tender abdomen with decreased bowel
sounds, elevated hematocrit and BUN, with a normal creatinine, suggesting dehydration.
33. The EKG showed T-wave abnormalities and left atrial enlargement.
34. A consultation by Dr. Polacheck from orthopedics on August 2, 2009,
summarized the right hip fracture and recommended surgery to fix the fracture.
35. One concern pre-operatively was Mrs. Bennett-Lotz's abdominal issue, which
was being treated with a nasogastric tube.
36. An examination by Dr. Polacheck showed a soft, non-distended abdomen.
37. The consultation by Dr. Furlong from gastroenterology noted that on a chest x-ray
from July 29, 2009, there was a possible soft tissue mass in the medial portion of the left lung
base.
38. Dr. Polacheck operated on Mrs. Bennett-Lotz's right hip on August 2, 2009.
39. On August 3, 2009, Mrs. Bennett-Lotz was noted to have an elevated white blood
cell count, and a chest x-ray demonstrated left lower lung opacity and right hilar prominence.
40. The chest CT showed "tree and bud" appearance with traction bronchiectasis.
41. Mrs. Bennett-Lotz was, therefore, diagnosed with aspiration pneumonia, intubated
and put on a respirator, treated with antibiotics and other relevant medications.
42. A PEG tube was placed for nourishment.
43. She had multiple, potentially fatal, post-operative complications in the ICU.
44. A note on August 17, 2009, by Dr. Saha noted that Mrs. Bennett-Lotz had been
on the ventilator for seven days and had failed extubation.
5
45. Mrs. Bennett-Lotz's course at Holy Spirit Hospital from the time of the fall on
August 1, 2009, through August 21, 2009, was variable, and included the development of
Pseudomonas pneumonia, with slow improvement.
46. She contracted MRSA post-operatively which required her to be quarantined.
47. She was transferred on the respirator to Select Medical where she was eventually
weaned from respiratory support.
48. Mrs. Bennett-Lotz was discharged on September 19, 2009, to Messiah Village, an
assisted living and nursing facility for rehabilitation.
49. Prior to that time, she had lived independently.
50. Mrs. Bennett-Lotz required assistance with activities of daily living as a result of
the accident, hip fracture, surgery and post-operative complications.
51. As a result of the negligence of Defendant's agents, as hereinafter described, Mrs.
Shirley Bennett-Lotz sustained serious injuries, including the following:
a. Right hip fracture.
b. Aspiration pneumonia.
C. Pseudomonas pneumonia.
d. MRSA.
e. Severe weakness and debilitation.
f. Loss of the enjoyment of life.
g. Pain and suffering.
h. Permanent disability.
i. Scarring and disfigurement.
6
j. Economic losses and miscellaneous expenses.
k. Medical, rehabilitative and nursing home expenses.
52. All of Plaintiff's decedent's injuries as herein before related are the direct and
proximate result of the negligence of Defendant Holy Spirit Hospital's agents in that they:
a. Failed to provide one-to-one care as suggested by Dr. Cohen,
despite the patient's mental confusion and physical debilitation.
b. Failed to utilize a working bed alarm.
C. Failed to check the bed alarm to assure that it was working
before utilizing it with Mrs. Bennett-Lotz.
d. Failed to use at least one of three different types of bed alarm
systems available to Holy Spirit Hospital at the time for purposes of
preventing or reducing the risk of harm to the patient as occurred in this case.
e. Failed to implement adequate and appropriate fall prevention
measures as alleged herein.
f. Failed to provide a sitter at bedside in accordance with Dr.
Cohen's orders.
g. Failed to provide meaningful interventions to reduce the
patient's risk of falls when she exhibited a change in her mental status.
7
h. Failed to ensure the proper functioning of the bed alarm.
i. Failed to provide appropriate supervision to the patient in
order to reduce the risk of falls.
COUNT I - SURVIVAL ACTION
ESTATE OF SHIRLEY BENNETT-LOTZ V. HOLY SPIRIT HOSPITAL
53. Paragraphs 1 through 52 of this Complaint are incorporated herein by reference as
if set forth at length.
54. Plaintiff, Dyane V. Smith, brings this action on behalf of the Estate of Shirley
Bennett-Lotz, deceased, under and by virtue of the Survival Act, 42 Pa. C.S.A. §8302.
55. Decedent, Shirley Bennett-Lotz, did not bring an action for her injuries during her
lifetime.
56. Defendant, Holy Spirit Hospital, is liable to the Estate of Shirley Bennett-Lotz for
injuries and damages as set forth herein.
57. Plaintiff, Dyane V. Smith, as Administratrix d.b.n.c.t.a. of the Estate of Shirley
Bennett-Lotz, deceased, claims on behalf of said Estate, all damages suffered by said Estate by
reason of the aforesaid accident, including the decedent's medical, nursing home and
miscellaneous living expenses, the pain and suffering the decedent underwent prior to her death,
the scarring and disfigurement suffered by decedent prior to her death, the loss of enjoyment of
life, loss of future income, and for all such other damages properly recoverable under 42 Pa.
C.S.A. §8302.
8
WHEREFORE, Plaintiff, Dyane V. Smith, as Administratrix d.b.n.c.t.a. of the Estate of
Shirley Bennett-Lotz, deceased, demands judgment against Defendant, Holy Spirit Hospital, for
compensatory damages in an amount in excess of Fifty Thousand Dollars ($50,000.00),
exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory
arbitration.
Respectfully submitted,
NAV?T,SKY, OLSON & WISNESKI LLP
Josep M. M lill Esquire
I.D. No. 262
Michael J. Navitsky, Esquir
I.D. No. 58803
2040 Linglestown Road, Suite 303
Harrisburg, PA 17110
717/541-9205
Counsel for Plaintiff
Date: July 22, 2011
9
VERIFICATION
I, Dyane V. Smith, Administratrix d.b.n.c.t.a. of the Estate of Shirley Bennett-Lotz, verify
that the facts set forth in the Complaint are true and correct to the best of my knowledge,
information and belief. I understand that this verification is made subject to the provisions of 18
Pa. C.S. §4904, relating to the unsworn falsification to authorities.
E
Dya . Smith
Date: July 22, 2011
DYANE V. SMITH as Administratrix
d.b.n.c.t.a. of the Estate of SHIRLEY
BENNETT-LOTZ,
V.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 6Y C+ ?: I
CIVIL ACTION - MEDICAL
HOLY SPIRIT HOSPITAL, PROFESSIONAL LIABILITY ACTION
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF MERIT AS TO HOLY SPIRIT HOSPITAL
I, Michael J. Navitsky, certify that:
M an appropriate licensed professional has supplied a written statement to the undersigned
that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by
this defendant in the treatment, practice or work that is the subject of the complaint, fell
outside acceptable professional standards and that such conduct was a cause in bringing
about the harm;
AND/OR
M the claim that this defendant deviated from an acceptable professional standard is based
solely on allegations that other licensed professionals for whom this defendant is
responsible deviated from an acceptable professional standard and an appropriate
licensed professional has supplied a written statement to the undersigned that there is a
basis to conclude that the care, skill or knowledge exercised or exhibited by the other ,
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licensed professionals in the treatment, practice or work that is the subject of the
complaint, fell outside acceptable professional standards and that such conduct was a
cause in bringing about the harm
AND/OR
? expert testimony of an appropriate licensed professional is unnecessary for prosecution of
the claim against this defendant.
Respectfully submitted,
NAVITSKY, OLSON & WISNESKI LLP
?'';4?" Y / ?' ,(
Joseph M lillo, Esq ire
1. D. No. 211 1
Michael J. Navitsky, Esquire''
I.D. No. 58803
2040 Linglestown Road, Suite 303
Harrisburg, PA 17110
717/541-9205
Counsel for Plaintiff
Date: July 22, 2011
2
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff !FILED,
THE E t R O T H ? 1v '!'? 'T x l ,i '•;
Jody S Smith
n
Chief Deputy t Q l l A UG 12 AM 8; 02
Richard W Stewart
, ,?j I. y
Solicitor UBEi'LA
PENNSYLVANI
Dyane V. Smith as Administratrix d.b.n.c.t.a. of the Estate of Shirley Case Number
vs.
Holy Spirit Hospital 2011-5843
SHERIFF'S RETURN OF SERVICE
08/05/2011 01:44 PM - William Cline, Corporal, who being duly sworn according to law, states that on August 5, 2011
at 1344 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Holy Spirit Hospital, by making known unto Emily Vanderwalker, Risk Manager for Holy
Spirit Hospital at 503 N. 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and
at the same time handing to her personally the said true and corresame.
-7rz -1
DEPUTY
SHERIFF COST: $43.44
August 08, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
?rj "mrtvsuite SN";Itt. Jbecr ;f(. Irc.
1023962
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DICKIE, MCCAMEY & CHH.COTE, P.C. ``` "- '' - ATTORNEY FOR DEFENDANT
BY: Thomas M. Chairs Esquire ? 2: L HOLY SPIRIT HOSPITAL
??ll 'E --2
ATTORNEY I.D. NO. 78565
BY: Aaron S. Jayman, Esquire r'`JM$ LAND COVN
ATTORNEY I.D. NO. 85651 PE NSYLVAN'A
Plaza 21, Suite 302
425 North 21st Street
Camp Hill, PA 17011
717-7314800 (Tele)
888-811-7144(Fax)
DYANE V. SMITH, as Administratrix of
the ESTATE OF SHIRLEY BENNETT-
LOTZ,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 11-5'843
V.
CIVIL ACTION - MEDICAL
HOLY SPIRIT HOSPITAL,
Defendant
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Thomas M. Chairs, Esquire and Aaron S. Jayman, Esquire,
for Defendant, Holy Spirit Hospital, in the above-captioned matter.
Date: August 31, 2011
Respectfully submitted,
DICKIE, MCCAMEY & C LCOTE, P.C.
By:
ThomI&I. hairs, Esquire
Supreme Court I.D. #78565
Aaron S. Jayman, Esquire
Supreme Court I. D. #85651
425 N. 21" Street, Suite 302
Camp Hill, PA 17011-3700
(717) 731-4800
Attorney for Defendant, Holy Spirit Hospital
CERTIFICATE OF SERVICE
AND NOW, August 31, 2011, I, Thomas M. Chairs, Esquire, hereby certify that I did
serve a true and correct copy of the foregoing ENTRY OF APPEARANCE upon all counsel of
record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp
Hill, Pennsylvania, addressed as follows:
By First-Class Mail:
Michael J. Navitsky, Esquire
Joseph M. Melillo, Esquire
NAVITSKY, OLSON & WISNESKI, LLP
2040 Linglestown Road, Suite 303
Harrisburg, PA 17110
(Counsel for Plaintiff)
Thom Chairs, Esquire
DYANE V. SMITH, as Administratrix
d.b.n.c.t.a. of the Estate of SHIRLEY
BENNETT-LOTZ,
Plaintiff
V.
HOLY SPIRIT HOSPITAL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYL N&
c? cn `
NO. 2011-5843
C)
CIVIL ACTION -MEDICAL z> r.- --,`
PROFESSIONAL LIABILITY A410& 'JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO NEW MATTER
OF DEFENDANT HOLY SPIRIT HOSPITAL
58. Defendant states a conclusion of law to which no response is required. By way of
further response, the named Plaintiff is the Administratrix of the Estate of Shirley Bennett-Lotz,
deceased, and is the appropriate person to bring this suit under Pennsylvania law.
59. Defendant states a conclusion of law to which no response is required.
60. Defendant states a conclusion of law to which no response is required. By way of
further response, Plaintiff's decedents never assumed the risk of the harm which led to her
injuries as stated in Plaintiff's Complaint.
61. Denied. Defendant states a conclusion of law to which no response is required.
By way of further response, Defendant Holy Spirit Hospital did cause Plaintiff's injuries for the
reasons stated in Plaintiff's Complaint.
62. Defendant states a conclusion of law to which no response is required.
63. Defendant states a conclusion of law to which no response is required.
64. Denied. Answering Defendant provided substandard treatment for the reasons
stated in Plaintiff's Complaint.
65. Denied. Plaintiff's decedent took all necessary steps to mitigate her injuries.
66. Denied. Defendant states a conclusion of law to which no response is required.
67. Denied. Defendant states a conclusion of law to which no response is required.
By way of further response, the instant action was initiated within the applicable statute of
limitations.
68. Denied. Defendant states a conclusion of law to which no response is required.
By way of further response, the averment does not state any cognizable defense under
Pennsylvania law.
69. Denied. Defendant states a conclusion of law to which no response is required.
70. Denied. Defendant states a conclusion of law to which no response is required.
71. Denied. Defendant states a conclusion of law to which no response is required.
By way of further response, Plaintiff has not settled any matter or satisfied any judgment of what
can be a doctrine of accord and satisfaction.
72. Defendant states a conclusion of law to which no response is required.
73. Plaintiff entered into no release which would have discharged Answering
Defendant from Plaintiff's causes of action.
74.-75. Denied. The recovery of medical expenses is a conclusion of law to which no
response is required. By way of further response, whether or not a subrogation exists depends
upon multiple legal factors including federal preemption of the Medicare statute.
76. Defendant states a conclusion of law to which no response is required.
77. Denied. Answering Defendant is required under the Rules of Civil Procedure to
state out its affirmative defenses in New Matter, and does not have a right to plead further New
Matter without permission of the Court.
WHEREFORE, Plaintiff demands judgment against Defendant Holy Spirit Hospital.
Respectfully submitted,
NAVITSKY, OLSON & WISNESKI LLP
? 1-e z41
Melillo, Esquire
Jes
o.26211
I.e? Michael J. Navitsky, Esquire
I.D. No. 58803
2040 Linglestown Road, Suite 303
Harrisburg, PA 17110
717/541-9205
Counsel for Plaintiff
Date: 9p8JJ/
CERTIFICATE OF SERVICE
I, Lori A. Shadow, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby
certify that a true and correct copy of the foregoing Plaintiff's Reply to New Matter of Defendant
Holy Spirit Hospital was served upon the following persons by first-class United States mail,
postage prepaid on September 28, 2011 as follows:
Thomas M. Chairs, Esquire
Aaron S. Jayman, Esquire
Dickie, McCamey & Chilcote, P.C.
Plaza 21, Suite 302
425 North 21St Street
Camp Hill, PA 17011
Counsel for Defendant
- - - -------------
Lk . ?YU
Lori A. Shadow
DYANE V. SMITH, as Administratrix
d.b.n.c.t.a. of the Estate of SHIRLEY
BENNETT-LOTZ,
Plaintiff
V.
HOLY SPIRIT HOSPITAL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 2011-5843
CIVIL ACTION — MEDICAL
PROFESSIONAL LIABILITY ACTION
JURY TRIAL DEMANDED
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the above -captioned action discontinued.
Respectfully submitted,
NAVITSKY, 0 ON
Date:
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LL -15
Michael J. Ntvi s y, Esquir
I.D. No. 580
2040 Linglest.wn Road, Suite 03
Harrisburg, PA 17110
717/541-9205
Counsel for Plaintiff
CJ
•
CERTIFICATE OF SERVICE
I, Lois Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby
certify that a true and correct copy of the foregoing Praecipe to Discontinue was served upon the
following persons by first-class United States mail, postage prepaid on September 3, 2014 as
follows:
Thomas M. Chairs, Esquire
Aaron S. Jayman, Esquire
Dickie, McCamey & Chilcote, P.C.
Plaza 21, Suite 302
425 North 21st Street
Camp Hill, PA 17011
Counsel for Defendant