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HomeMy WebLinkAbout12-1549JUL, ?S y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD CROMER, s as i ? Plant r'-91, mak-yipi4 1-20 gS CIVIL ACTION -LAW No. sy? 0-v? 1 HOLY SPIRIT HEALTH SYSTEM, Defendant. Jury Trial Demanded PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons against Holy Spirit Health System, whose place of business is 503 North 21st Street, Camp Hill, PA, 17011. A writ of summons shall be issued and forwarded to the Sheriff. DATE: STONE,.PUNCAN, & LINSENBACH, PC A A M. D H , ESQUIRE I.D. #309861 Attorney for Petitioner 8 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 05 0 a-? aas/ SUMMONS IN CIVIL ACTION TO: Holy Spirit Health System, Defendant. c/o Risk Management 503 North 21st Street Camp Hill, PA, 17011 YOU ARE HEREBY NOTIFIED that Richard Cromer has commenced an action against you. DATE: , %1*" /I STONE, DUNCAN, & LINSENBACH[, PC ALINA M. DUS A , ESQUIRE I.D. #309861 Attorneys for Petitioner 8 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas RICHARD CROMER Plaintiff Vs. No. 2012-1549 HOLY SPIRIT HEALTH SYSTEM And And In CivilAction-Law To: HOLY SPIRIT HEALTH SYSTEM You are hereby notified that the Plaintiff, RICHARD CROMER, has commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) David D. Buell, Prothonotary Date 3/9/12 By Deputy Attorney: ALINA M. DUSHARM, ESQUIRE Address: 8 N. BALTIMORE STREET, DILLSBURG, PA 17019 Attorney for: Plaintiff Telephone: 717-432-2089 Supreme Court ID No. 309861 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 3- Sheriff - HE Jody S Smith " Chief Deputy ?.E 7012 MAR 28 AM 8: ? 1 Richard W Stewart } Solicitor P E N N S Y BVia, bk Richard Cromer vs. Case Number . Holy Spirit Health System 2012-1549 SHERIFF'S RETURN OF SERVICE 03/19/2012 01:47 PM - William Cline, Corporal, who being duly sworn according to law, states that on March 19, 2012 at 1347 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Holy Spirit Health System c/o Risk Management, by making known unto Kay Tipton, Risk Manager for Holy Spirit Health System at 503 N. 21st Street, Camp Hill, Cumberland County, P nsylvania 17011 its contents and at the same time handing to her personally the said true and corre opy of the same. ILLIAM CLINE, DEPUTY SHERIFF COST: $43.45 March 21, 2012 SO ANSWERS, RON r R ANDERSON, SHERIFF r 1216841 i- DICKIE, MCCAMEY & CHILCOTE, P.C. "" -:r- =° ; rVrkTtWMk'I OR: HOLY SPIRIT HEALTH SYSTEM BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 {??, 2012 A?6 -3 Piss Il? ?:1 BY: Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 `JMBER AND COUNT" 425 North 21st street PENNSYLVANIA Camp Hill, PA 17011 717-7314800 (Tele) 888-811-7144(Fax) RICHARD CROMER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-1549 CIVIL ACTION - LAW JURY TRIAL DEMANDED HOLY SPIRIT HEALTH SYSTEM, Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Thomas M. Chairs, Esquire and Aaron S. Jayman, Esquire, as counsel for Defendant, Holy Spirit Health System, in the above-captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: April 2, 2012 Th*a . Ch irs, Esquire Sup ?yJayrnan, ourt I.D. #78565 Aaron Esquire Supreme Court I. D. #85651 425 N. 21St Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 Attorney for Defendant, Holy Spirit Health System CERTIFICATE OF SERVICE AND NOW, April 2, 2012, 1, Aaron S. Jayman, 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: Alina M. Dusharm, Esquire 8 N. Baltimore Street Dillsburg, PA 17019 (Counsel for Plaintiff) Aaron . )?squire DICKIE, MCCAMEY & CHILCOTI;, 'r'AT'. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY: Aaron S. Jayman, Esquire ATTORNEY EY . 0.85651 ? i 11 1??JY?yA ` Plaza 425 North 21st Street FOR: HOLY SPIRIT HEALTH SYSTEM Camp Hill, PA 17011 717-7314800 (Tele) 888-811-7144(Fax) RICHARD CROMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM, Defendant NO. 2012-1549 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a rule upon Plaintiffs to file a Complaint in the above-captioned case within twenty (20) days after service of the Rule or suffer a judgment of non pros. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: June 11, 2012 By: 4921? Aar an, Esquire Sup ourt I. D. #85651 425 N. 21 s` Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 Attorney for Defendant, Holy Spirit Health System CERTIFICATE OF SERVICE AND NOW, June 11, 2012, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing 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: Alina M. Dusharm, Esquire 8 N. Baltimore Street Dillsburgh, PA 17019 (Counsel for Plaintiff) Aaron S. 6&1 squire DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR: HOLY SPIRIT HEALTH SYSTEM BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY: Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-7314800 (Tele) 888-811-7144 Fax RICHARD CROMER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-1549 CIVIL ACTION - LAW HOLY SPIRIT HEALTH SYSTEM, Defendant JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT AND NOW, this l A day of 2012, a Rule is hereby issued upon Plaintiffs to file a Complaint in the above-captioned case within twenty (20) days after service of the Rule or suffer a judgment of non pros. Date: U Prothonotary By: '?d A A ('4 A Deputy ?'LE D-OFFI IL PROTHON' 2612 Jui t t AP! t: 17 cu"B RI.AND CO NTY IN THE COURT OF COMMON PLEAS PENNSYLVAN A CUMBERLAND COUNTY, PENNSYLVANIA RICHARD CROMER, . Plaintiff, . V. HOLY SPIRIT HEALTH SYSTEM, Defendant. . CIVIL ACTION - LAW No. 2012-1549 Jury Trial Demanded NOTICE You have been sued in court. If you wish to defend yourself against the claims set f< in the following pages, you must take action within twenty (20) days after this Complaint Notice are served, by entering a written appearance personally or by attorney and filing writing with the court your defenses or objections to the claims set forth against you. You warned that if you fail to do so the case may proceed without you and a judgment may be entc against you by the court without further notice for any money claimed in the Complaint or any other claim or relief requested by the Plaintiff. You may lose money or property or of rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FO BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. in IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY E ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT M Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR O FEE. Cumberland County Bar Association, 34 S. Bedford Street, Carlisle, Pennsylvania Telephone Number 717-249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD CROMER, . Plaintiff, . V. HOLY SPIRIT HEALTH SYSTEM, Defendant. CIVIL ACTION - LAW No. 2012-1549 Jury Trial Demanded COMPLAINT AND NOW comes the Plaintiff, Richard Cromer, by and through his counsel, Alina I Dusharm, Esq., Jason B. Duncan, Esq., and the firm Stone, Duncan & Linsenbach, PC, and as follows: PARTIES 1. Plaintiff, Richard Cromer, (hereinafter "Plaintiff' or "Richard"), is an individual, residing at 5251 Cypress Court, Mechanicsburg, Cumberland County, Pennsy 17055. 2. Defendant, Holy Spirit Health System, (hereinafter "HSHS" or "Defendant") it a health care system with its principle place of business at 503 N 21st St. Camp Hill, County, Pennsylvania 17011. 2 FACTUAL ALLEGATIONS 3. On October 26, 2010 at 11:00 a.m., Richard Cromer was attending appointment at the Medical Arts Building of the Holy Spirit Health System, located at 8 Poplar Church Rd, Camp Hill, PA 17011. 4. After attending his appointment, Richard returned to his car, which was parked in the overflow parking at the Medical Arts Building. 5. In order to reach his car, Richard had to pass through the regular parking lot, over a storm water drainage grate that was inlaid across the roadway which separated the parking lot from the overflow lot. 6. The storm water grate was in disrepair because the concrete molding the grate in order to make the grate level with the pavement had eroded away and the metal lip of the grate was jutting out from pavement. 7. As Richard crossed over the storm water grate, he did not see that the grate concrete molding were not maintained properly and were in an unsafe condition. 8. Not seeing that the metal lip of the storm water grate was extending up, the level of the regular lot, Richard was caused to trip and fall on the unevenness irregularities of the storm water grate, and the eroded concrete molding. 9. At the time of the incident, Richard was 83 years old, and was fully and in good health. 10. Richard suffered a great deal of pain from the fall, and proceeded to the Arts Building for first aid after his fall. 3 11. A woman in the pharmacy shop at the Medical Arts Building immediately told Richard to proceed to the Emergency Room at the Holy Spirit Hospital in order to treat injuries and walked with him to ensure he made it safely to the Emergency Room. 12. When arriving at the Emergency Room, Richard explained his condition and he fell to the staff. 13. After hearing that he tripped on the storm water drainage grate in the parking at the Medical Arts Building, a woman working in the Emergency Room as an employee Defendant said to Richard, "Oh, we have been meaning to fix that." 14. As a direct and proximate result of Defendant's negligence, Richard of medical injuries including soft tissue injuries on his hands and thumb, a dislocated thumb a broken wrist, as well as aggravating a previous rib injury. 15. Richard's injuries required him to attend physical therapy, wear a cast, and many doctor's visits and purchase prescriptions. 16. As a result of Richard's injuries, he was no longer able to adequately care himself and his wife as she was elderly and dealing with many medical conditions. 17. As a direct and proximate result of the Defendant's negligence, Richard emotional, physical, and financial injuries, including but not limited to, medical bills, therapy, medicines, and mental anguish, pain, suffering, and inconvenience. COUNTI PREMISES LIABILITY - TRIP AND FALL 18. The averments in paragraphs 1-17 are incorporated herein by reference as forth in full. Iset 4 19. At all times relevant hereto, Richard was a business invitee of the Defendants at the Defendant's premises known as the Medical Arts Building. 20. At all material times, the parking lots of the Medical Arts Building, including storm water drainage grate, was under the sole and exclusive control, management maintenance of the Defendant, its agents, servants, workmen, or employees, acting within course and scope of their employment or authority. 21. At the above time and place, Defendant, by its agents, servants, workman, employees, acting in the scope of their authority, was negligent in: a) failing to properly maintain the parking area of the premises; b) allowing the storm water drainage grate to remain in a dangerous unsafe condition after notice or opportunity for notice; c) failing to properly inspect the parking lot of the premises; d) failing to warn of a dangerous condition; and e) failing to use reasonable prudence in the care and maintenance of parking lot of the premises. 22. Solely as a result of the Defendant's negligence, Richard sustained serious painful injuries to his body, including his wrist, thumb, hands, and ribs, and possible injuries, some of which may have aggravated preexisting conditions, causing him great pain suffering. 23. As a result of Defendant's negligence, Richard has been obliged, and may in future be obliged, to expend various sums of money for medicines and medical necessitated by the above injuries, to his detriment and financial loss. or 5 24. As a direct and proximate result of Defendant's negligence, Richard emotional, physical, and financial loss, and may continue to endure the same for an indefinite time in the future. WHEREFORE, Plaintiff respectfully requests this Honorable Court review the acti of the Defendants and grant the Plaintiff damages in the amount of $50,000, plus fees, interest, court costs, or any other relief as equity and justice would require. STONE, DUNCAN & LINSENBACH, PC ALMA M. DUSHARM ESQUIRE, I.D. #309861 JASON B. DUNCAN, ESQUIRE I. D. #87946 Attorneys for Plaintiff 8 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 1s 6 VERIFICATION The above Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of this matter. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to t extent that the Complaint is based upon information which I have given to my counsel, it is tru and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this verification. IC, -:- k'4 h in the aforesaid Complaint are made I, (> rQon,_ tc? , hereby verify that the facts set fort subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: 9 By: O? Richard Cromer 7 CERTIFICATE OF SERVICE I, Q25in4,r,r, , do certify that I have served a copy of Plaintiffs' Complaint the following by first class mail: Aaron S. Jayman, Esq. DICKIE, MCCAMEY & CHILCOTE, P.C. 425 N. 21St Street, Suite 302 Camp Hill, PA 17011-3700 DATE:--7/-:l- /I a STONE, DUNCAN & LINSENBACH, PC - 4,,,: / k/ - 77,- ? AdA M. D HA ESQ I.D. #309861 JASON B. DUNCAN, ESQUIRE I. D. #87946 Attorneys for Plaintiff 8 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 8 F` ED-OF E 2031 JUL I I AN 1: 17 CUMBERLAND IN THE COURT OF COMMON PLEAS PENNSYLY, CUMBERLAND COUNTY, PENNSYLVANIA RICHARD CROMER, Plaintiff, CIVIL ACTION - LAW V. . No. 2012-1549 HOLY SPIRIT HEALTH SYSTEM, Defendant. Jury Trial Demanded NOTICE You have been sued in court. If you wish to defend yourself against the claims set fc in the following pages, you must take action within twenty (20) days after this Complaint Notice are served, by entering a written appearance personally or by attorney and filinE writing with the court your defenses or objections to the claims set forth against you. You warned that if you fail to do so the case may proceed without you and a judgment may be entc against you by the court without further notice for any money claimed in the Complaint or any other claim or relief requested by the Plaintiff. You may lose money or property or of rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FO BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. !A in IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY E ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR O FEE. Cumberland County Bar Association, 34 S. Bedford Street, Carlisle, Pennsylvania Telephone Number 717-249-3166 Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD CROMER, Plaintiff, V. HOLY SPIRIT HEALTH SYSTEM, Defendant. CIVIL ACTION - LAW No. 2012-1549 Jury Trial Demanded COMPLAINT AND NOW comes the Plaintiff, Richard Cromer, by and through his counsel, Alina Dusharm, Esq., Jason B. Duncan, Esq., and the firm Stone, Duncan & Linsenbach, PC, and as follows: PARTIES 1. Plaintiff, Richard Cromer, (hereinafter "Plaintiff' or "Richard"), is an individual, residing at 5251 Cypress Court, Mechanicsburg, Cumberland County, Pennsyl 17055. 2. Defendant, Holy Spirit Health System, (hereinafter "HSHS" or "Defendant") ik a health care system with its principle place of business at 503 N 21 st St. Camp Hill, Cumberl County, Pennsylvania 17011. 2 FACTUAL ALLEGATIONS 3. On October 26, 2010 at 11:00 a.m., Richard Cromer was attending appointment at the Medical Arts Building of the Holy Spirit Health System, located at Poplar Church Rd, Camp Hill, PA 17011. an 4. After attending his appointment, Richard returned to his car, which was parked in the overflow parking at the Medical Arts Building. 5. In order to reach his car, Richard had to pass through the regular parking lot, over a storm water drainage grate that was inlaid across the roadway which separated the parking lot from the overflow lot. 6. The storm water grate was in disrepair because the concrete molding the grate in order to make the grate level with the pavement had eroded away and the metal lipl of the grate was jutting out from pavement. 7. As Richard crossed over the storm water grate, he did not see that the grate concrete molding were not maintained properly and were in an unsafe condition. 8. Not seeing that the metal lip of the storm water grate was extending up, the level of the regular lot, Richard was caused to trip and fall on the unevenness irregularities of the storm water grate, and the eroded concrete molding. 9. At the time of the incident, Richard was 83 years old, and was fully and in good health. 10. Richard suffered a great deal of pain from the fall, and proceeded to the Arts Building for first aid after his fall. 3 11. A woman in the pharmacy shop at the Medical Arts Building immediately Richard to proceed to the Emergency Room at the Holy Spirit Hospital in order to treat injuries and walked with him to ensure he made it safely to the Emergency Room. 12. When arriving at the Emergency Room, Richard explained his condition and he fell to the staff. 13. After hearing that he tripped on the storm water drainage grate in the parking at the Medical Arts Building, a woman working in the Emergency Room as an employee of Defendant said to Richard, "Oh, we have been meaning to fix that." 14. As a direct and proximate result of Defendant's negligence, Richard medical injuries including soft tissue injuries on his hands and thumb, a dislocated thumb, a broken wrist, as well as aggravating a previous rib injury. 15. Richard's injuries required him to attend physical therapy, wear a cast, and many doctor's visits and purchase prescriptions. 16. As a result of Richard's injuries, he was no longer able to adequately care himself and his wife as she was elderly and dealing with many medical conditions. 17. As a direct and proximate result of the Defendant's negligence, Richard emotional, physical, and financial injuries, including but not limited to, medical bills, therapy, medicines, and mental anguish, pain, suffering, and inconvenience. COUNTI PREMISES LIABILITY - TRIP AND FALL 18. The averments in paragraphs 1-17 are incorporated herein by reference as forth in full. Iset 4 19. At all times relevant hereto, Richard was a business invitee of the Defendants at the Defendant's premises known as the Medical Arts Building. 20. At all material times, the parking lots of the Medical Arts Building, including storm water drainage grate, was under the sole and exclusive control, management maintenance of the Defendant, its agents, servants, workmen, or employees, acting within course and scope of their employment or authority. 21. At the above time and place, Defendant, by its agents, servants, workman, employees, acting in the scope of their authority, was negligent in: a) failing to properly maintain the parking area of the premises; b) allowing the storm water drainage grate to remain in a dangerous unsafe condition after notice or opportunity for notice; c) failing to properly inspect the parking lot of the premises; d) failing to warn of a dangerous condition; and e) failing to use reasonable prudence in the care and maintenance of parking lot of the premises. 22. Solely as a result of the Defendant's negligence, Richard sustained serious painful injuries to his body, including his wrist, thumb, hands, and ribs, and possible injuries, some of which may have aggravated preexisting conditions, causing him great pain suffering. 23. As a result of Defendant's negligence, Richard has been obliged, and may in future be obliged, to expend various sums of money for medicines and medical necessitated by the above injuries, to his detriment and financial loss. or 5 24. As a direct and proximate result of Defendant's negligence, Richard emotional, physical, and financial loss, and may continue to endure the same for an time in the future. WHEREFORE, Plaintiff respectfully requests this Honorable Court review the of the Defendants and grant the Plaintiff damages in the amount of $50,000, plus attornek's fees, interest, court costs, or any other relief as equity and justice would require. STONE, DUNCAN & LINSENBACH, PC ALIKA M. DUSHARM ESQUIRE`. I.D. #309861 JASON B. DUNCAN, ESQUIRE I. D. #87946 Attorneys for Plaintiff 8 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 6 VERIFICATION The above Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of this matter. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to t extent that the Complaint is based upon information which I have given to my counsel, it is tru and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this verification. eck'4 1, (y,Qo , hereby verify that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: 9 By: Richard Cromer 7 CERTIFICATE OF SERVICE I, n1vv,- DQ'5y cjYK , do certify that I have served a copy of Plaintiffs' Complaint the following by first class mail: Aaron S. Jayman, Esq. DICKIE, MCCAMEY & CHILCOTE, P.C. 425 N. 21St Street, Suite 302 Camp Hill, PA 17011-3700 DATE: 7/1VI 9- STONE, DUNCAN & LINSENBACH, PC - /? - IkI AL A M. D HA ESQ I.D. #309861 JASON B. DUNCAN, ESQUIRE I. D. #87946 Attorneys for Plaintiff 8 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 8 1342388 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY FOR: ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYST M BY: Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-7314800 (Tele) 888-811-7144 Fax RICHARD CROMER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM, Defendant NO. 2012-1549 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD C? r-- TO: Richard Cromer ?:Z c/o Alina M. Dusharm, Esquire `> rv 8 N. Baltimore Street Dillsburg, PA 17019 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH N MATTER OF DEFENDANT, HOLY SPIRIT HEALTH SYSTEM WITHIN TWENTY ( DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY 1$E ENTERED AGAINST YOU. Date: August 8, 2012 Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. By: 4flt?? Tho Chairs, Esquire Sup Wourt I.D. #78565 Aaron S. Jayman, Esquire Supreme Court I. D. #85651 425 N. 21st Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 Attorney for Defendant, Holy Spirit Health Sys 1320192 DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR: BY: Thomas M. Chairs, Esquire HOLY SPIRIT HEALTH SYSTEM ATTORNEY I.D. NO. 78565 BY: Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-7314800 (Tele) 888-811-7144 Fax RICHARD CROMER, IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM, Defendant NO. 2012-1549 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes Defendant, Holy Spirit Health System ("Answering Defendant"), and through its counsel, Dickie, McCamey & Chilcote, P.C. and files the within Answer New Matter to Plaintiff's Complaint, and in support thereof avers as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments forth in Paragraph 1 of the Plaintiff's Complaint and therefore Answering Defendant denies same and demands strict proof thereof at the time of trial. 2. Admitted. 3. Denied generally pursuant to Pa.R.C.P. 1029(e). 4. Denied generally pursuant to Pa.R.C.P. 1029(e). th 5. Denied generally pursuant to Pa.R.C.P. 1029(e). 6. Denied as a conclusion of law to which no responsive pleading is required. In alternative, to the extent that this paragraph of the Plaintiff's Complaint is deemed to contain facts to which a responsive pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). 7. Denied as a conclusion of law to which no responsive pleading is required. In , alternative, to the extent that this paragraph of the Plaintiffs Complaint is deemed to contain facts to which a responsive pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). 8. Denied as a conclusion of law to which no responsive pleading is required. In alternative, to the extent that this paragraph of the Plaintiff s Complaint is deemed to contain facts to which a responsive pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). 9. Denied generally pursuant to Pa.R.C.P. 1029(e). 10. Denied generally pursuant to Pa.R.C.P. 1029(e). 11. Denied generally pursuant to Pa.R.C.P. 1029(e). 12. Denied generally pursuant to Pa.R.C.P. 1029(e). 13. Denied generally pursuant to Pa.R.C.P. 1029(e). 14. Denied as a conclusion of law to which no responsive pleading is required. In alternative, to the extent that this paragraph of the Plaintiff s Complaint is deemed to contain facts to which a responsive pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). 15. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments 2 forth in this paragraph of Plaintiff's Complaint and therefore Answering Defendant denies and demands strict proof thereof at the time of trial. 16. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments forth in this paragraph of Plaintiff's Complaint and therefore Answering Defendant denies and demands strict proof thereof at the time of trial. 17. Denied as a conclusion of law to which no responsive pleading is required. In 1 alternative, to the extent that this paragraph of the Plaintiff's Complaint is deemed to contain facts to which a responsive pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). COUNTI PREMISES LIABILITY - TRIP AND FALL 18. The above stated responses to paragraphs 1 through 17 are incorporated herein 1 referenced as if fully set forth at length. 19.-24. Denied. These paragraphs of Plaintiff's Complaint set forth of law as opposed to statements of fact and consequently no response is required. In the alternative to the extent that these paragraphs of Plaintiff's Complaint contain facts to which a responsive pleading is deemed required those allegations of fact are denied generally pursuant 1 Pa.R.C.P. 1029(e). It is specifically denied that Answering Defendant or its agents, servants, workmen, or employees were in any way negligent in this matter. WHEREFORE, Answering Defendant denies that Plaintiff is entitled to the relief requested or any relief whatsoever and demands judgment be entered in its favor and against Plaintiff and that Answering Defendant be awarded appropriate costs and fees. 3 NEW MATTER 25. Plaintiff's claims are barred and are limited by the statute of limitations. 26. At all times relevant hereto Answering Defendant acted reasonably, prudently a properly and within the applicable standard of care. 27. No conduct on the part of the Answering Defendant in any way caused contributed to any harm that the Plaintiff may have suffered. 28. At the time and place alleged in Plaintiff's Complaint, Plaintiff had a duty exercise ordinary and reasonable care for his own safety. 29. In violation of that duty, the Plaintiff was then and there negligent in one of of the following respects: a. failed to heed a condition which was open and obvious. b. failed to keep a proper lookout. C. failed to walk with ordinary caution to avoid falling. d. failed to pay attention to his surroundings. e. failed to keep his body under proper control. f. failed to utilize an alternative path which was available on the premises. 30. Plaintiff was guilty of contributory negligence, such negligence being t proximate cause of the incident and injuries to the Plaintiff. Therefore, Plaintiff's claims barred or in the alternative diminished in accordance with the Pennsylvania Comparati Negligence Act. 31. At no time material hereto did Answering Defendant have either actual constructive notice of the alleged condition that Plaintiff claims to have caused his harm. or to 4 32. Plaintiff's injuries, same being specifically unequivocally denied, were the sgle and proximate result of preexisting conditions, not related in any manner whatsoever to any or omission of Answering Defendant. 33. Plaintiff voluntarily assumed a known risk thereby barring the recovery operation of the Doctrine of Assumption of Risk. 34. Plaintiff avoided an available alternative path to enter the premises there barring recovery by the operation of the Choice of Ways Doctrine. 35. Plaintiff's injuries, if any, were sustained as a result of natural or unknown and not the result of any action or inaction on behalf of Answering Defendant. 36. Answering Defendant took all precautions necessary on the premises from and all dangers, the existence of said danger as being specifically and unequivocally denied. 37. The harm sustained by the Plaintiff, if any, was not foreseeable by Defendant. 38. Answering Defendant exercised all reasonable care necessary to discover existence of any and all dangerous conditions on the premises. Said conditions be specifically and unequivocally denied. 39. Plaintiff failed to mitigate his damages. 40. Answering Defendant raises the acts and/or omissions of third parties over Answering Defendant had no right or duty to control as a complete and/or partial bar Plaintiff's claims. Im 5 Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: August 8, 2012 By: kvAAA4w~ Tho a hairs, Esquire Supr Court I.D. #78565 Aaron S. Jayman, Esquire Supreme Court I. D. #85651 425 N. 21St Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 Attorney.for Defendant, Holy Spirit Health Sys 6 VERIFICATION I, Ellen Feidt, R.N., Risk Management Department, Holy Spirit Health System, verify that the facts set forth in the foregoing Answer with New Matter to Plaintiff's Complaint true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. HOLY SPIRIT HEALTH SYSTEM Ellen Feidt, R.N., Director of Risk Management , CERTIFICATE OF SERVICE AND NOW, August 8, 2012, I, Aar( a true and correct copy of the foregoing up( be deposited, same in the U.S. mail, postag( follows: By First-Class Mail: Alina M. Dusharm, Esquire 8 N. Baltimore Street Dillsburg, PA 17019 (Counsel for Plaintiff) f: 5 ~~~~ ~~t~~ ~~0~~0 0~~~~ 2012 Al1G I S A 11 ~ 31 Ct~M~Ei~LAt~~ UN"f Y IN THE COURT OF COMMON PLEAS PENDSYLYA to CUMBERLAND COUNTY, PENNSYLVANIA IARD CROMER, Plaintiff, CIVIL ACTION -LAW v. No. 2012-1549 Y SPIRIT HEALTH SYSTEM, Desfendant. Jury Trial Demanded PLAINTIFF'S ANSWER TO NEW MATTER AND NOW comes the Plaintiff, Richard Cromer, by and through his counsel, Esq., Jason B. Duncan, Esq., and the firm Stone, Duncan & Linsenbach, PC, Defendant's New Matter: 25-40. Denied as conclusions of law to which no responsive pleading is required. To that an answer is required, it is denied generally pursuant to Pa.R.C.P. 1029{e). DUNCAN Rz LINSENBACH, PC I.D. #309861 ~ JASON B. DUNCAN, ESQUIRE I. D. #87946 Attorneys for Plaintiff 8 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 T CERTIFICATE OF SERVICE I, Alina M. Dusharm, Esq., do certify that I have served a copy of Plaintiffs' Answer Matter upon the following by first class mail: 3n S. Jayman, Esq. KIE, MCCAMEY & CHILCOTE, P.C. N. 21St Street, Suite 302 ip Hill, PA 17011-3700 TE: ~ l ~ STONEy1~UNCAN & LINSENBACH, PC I.D. #309861 JASON B. DUNCAN, ESQUIRE I. D. #87946 Attorneys for Plaintiff 8 N. Baltimore St. Dillsburg, PA 17019 Telephone: 717-432-2089 Fax: 717-432-0158 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY RICHARD 5ROMER Vs. C -i HOLY SPIRIT HEALTH SYSTEM NO. 2012-1549 rnW Y; z M -0 - , CERTIFICATE C/i a? PREREQUISITE TO SERVICE OF A SUBPOENA -v PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 AARON S JAYMAN, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of .the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed !subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. !The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 08/22;/12 AARON S JAYMAN, ESQUIRE 425 NORTH 21ST ST SUITE 302 PLAZA 21 CAMP HILL, PA 17011 717-731-4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Robyn Feudo MLR File #:M402667 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY RICHARD.'tROMER Vs. HOLY SPIRIT HEALTH SYSTEM I No. 2012-1549 TO: ALINA DUSHARM, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCiJMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from thedate listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made thesubpoena may be served. Date: 08,/01/12 AARON S JAYMAN, ESQUIRE 425 NORTH 21ST ST SUITE 302 PLAZA 21 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Robyn Feudo Enc (s) : 'Copy of subpoena(s) :Counsel return card File #: M402667 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD CROMER Vs. HOLY SPIRIT HEALTH SYSTEM File No. 2012-1549 SUBPOENA TO PRODUCE DOCUMENTS pR T N j BILLING REQUESTED NOS FOR DISCOVERY PURSUANT TO RULE 4009.22 BETHANY VILLAGE, 325 WESLEY DR, MECHANICSBURG PA 17055 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents, orSffg at - --- -- MEDI AL LEGAL REPRODUCTIONS(,AC&NeCes)4940 DISSTON ST., PHILA., PA You may dgliver or mail legible copies of the documents or produce things requested t-> this subpoena, , together with the certificate of ccrrpliance, to the party making thi request at they address listed above. You have the right to seek in advance the rea?onab1E cost of preoarinig the copies or producing the things sought. If you fain to produce the documents or things required by this subpoena within twenty (20) days ofte{ its sere;ce, the party serving thi subpoena may seek a court orde, cxxr pe l l i ng you to corrp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQEST OF THE FOLLOWING PERSON: NAIrE : AARON S JAYMAN, E S Q ADDRESS : 425 NORTH 21ST ST CAMP , 17011 TELEPHONE: SUPREME COURT 1D1# 215-335-3212 ATTORNEY FOR: DEFENDANT M402667-01 DATE: JI) 'r Seal of the Court BY THE COURT. Pr tary/Clerk, ivil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA RICHARD CROMER Vs. No. 2012-1549 HOLY SPIRIT HEALTH SYSTEM CUSTODIAN OF RECORDS FOR: BETHANY VILLAGE ANY/ALL PH SICAL THERAPY RECORDS REGARDING RICHARD CROMER FROM JANUARY 1, 002 TO PRESENT. INCLUDING, BUT NOT LIMITED TO, ALL CORRESPOND NCE, MEDICAL CONSULTATIONS, TREATMENT NOTES, BILLING, PRESCRIPTI NS, PROGRESS NOTES, EVALUATIONS, & RADIOLOGY REPORTS. PERTAINING!TO: NAME: RICHARD CROMER ADDRESS: DATE OF'BIRTH: 09/13/27 SSAN: XXXXX1629 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. 'RECORD CUSTODIAN - COMPLETE AND RETURN DWI S ARE ATTACHED HERETO. I hereby certify as custodian of [ ] nrcTr s that, to the best of my knowledge, information and belie all documents or things above mentioned have been produced. [ ] NO DO?UMENTS AVAILABLE. I hereby certify that a thorough search has b en made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) OECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or BETHANY VILLAGE CUMBERLAND M402667-01 * * * SIGN AND RETURN THIS PAGE COMMONWEALTH OF PENNSYLVANIA UO[ Nry OF CLDOERLAND RICH?RD CROMER Vs. File No. 2012-1549 HOLY SPIRIT HEALTH SYSTEM MEDICAL BILLING REQUESTED _SUBPOENA TO PRODUCE DOCI.JMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CONFORTI PT & FITNESS CTR, 110 NORTH 7TH ST, LEMOYNE PA 17043 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents orst.?PgX at _ z?ii??ii MEDICAL LEGAL REPRODUCTIONS(,AdTress)4940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of ccnp1iance, to the party making thi request at tho address listed above. You have the right to seek in advance the rearonablc cost of preparinjg the copies or producing the things sought. if you f a i (l to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi, subpoena may seek a court ordet- cxxve l l i ng you to comp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REOLIEST OF THE FOLLOWING PERSON: NAME : AARON S JAYMAN, E S Q ADDRESS : 42S NORTH 21ST ST emp , 17011 TELEPHONE: SUPREME COURT ID 215 - 3 3 5 -23?? ATTORNEY FOR: DEFENDANT M402667-02 DATE : Seal of the Court BY THE 71T Prot y/clerk, ivil Division Deputy (Ef f . -1/97) ADDENDUM TO SUBPOENA RICHARD CROMER Vs. No. 2012-1549 HOLY SPIRIT' HEALTH SYSTEM CUSTODIAN CIF RECORDS FOR.: CONFORTI PT & FITNESS CTR ANY/ALL PHYSICAL THERAPY RECORDS REGARDING RICHARD CROMER FROM JANUARY 1,21002 TO PRESENT. INCLUDING, BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, TREATMENT NOTES, BILLING, PRESCRIPTIaNS, PROGRESS NOTES, EVALUATIONS, & RADIOLOGY REPORTS. PERTAININGTTO: NAME: RICHARD CROMER ADjDRESS : DATE OFIBIRTH: 09/13/27 SSAN: XXXXX1629 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief'all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has beon made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): RECORDS ( ) PATIENT BILLING ( ) X-RAYS ) RECORDS / XRAYS have been destroyed Date Authorized signature or CONFORTI PT & FITNESS CTR CUMBERLAND M402667-02 * * * SIGN AND RETURN THIS PAGE * * *