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HomeMy WebLinkAbout02-0794LAW OFFICES OF s~ J. HOGG 19 S, HANOVER STREET SUITE 101 CARLISLE, PA 17013 ROBERT L. GE'FtYS, Plaintiff IN THE COURT OF COMMON PLEAS IN · CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION HOLY SPIRIT HOSPITAL, Defendant · JURY TRIAL DEMANDED TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons against the above Defendant at 503 North 21~t Strcct, Camp Hill, Pennsylvania. Thank you for your attention in this matter. Date: Attorney for Plaintiff Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS ROBERT L GETTYS Plaintiff Vs. HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PENNSYLVANIA 17011 Defendant Court of Common Pleas No. 02-794 CIVIL TERM In Civil Action-Law To HOLY SPIRIT HOSPITAL You are hereby notified that ROBERT L GETTYS the Plaintiff has / have 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) Date FEBRUARY 13, 2002 CURTIS R. LONG Prothonotary By ~/,~_ /~). Deputy ATTORNEY Name: STEPHEN J HOGG ESQUIRE Address: 19 SOUTH HANOVER STREET STE 101 CARLISLE, PENNA 17013 Attorney for: Plaintiff Telephone: 717-245-2698 Supreme Court ID No. SHERIFF'S RETURN - REGULAR CASE NO: 2002-00794 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GETTYS ROBERT L VS HOLY SPIRIT HOSPITAL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOLY SPIRIT HOSPITAL the DEFENDANT at 503 NORTH 21ST STREET , at 1435:00 HOURS, on the 20th day of February , 2002 CAMP HILL, PA 17011 DONNA HOTHAM, a true and attested copy of WRIT OF SUMMONS by handing to ADMIN SECRETARY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /~- day of ~m~ ~o2~ A.D. othonotary- 1 ! So Answers: R. Thomas Kline 02/21/2002 STEPHEN HOGG By: De~dty Sher~f ROBERT L. GETTYS, Plaintiff, V. HOLY SPIRIT HOSPITAL Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 02-794 : : CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Defendant Holy Spirit Hospital in the above- captioned matter. DATE: March 4, 2002 By: METRE, EVANS & WOODSIDE Sup. Ct. I.D. No. 55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Holy Spirit Hospital CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Criminal Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Stephen J. Hogg, Esquire 19 South Hanover Street Suite 101 Carlisle, PA 17013 DATE: March 4, 2002 By: METRE, EVANS & WOODSIDE J inek, Si618.,, Ct. I.D. No. 55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Holy Spirit Hospital :288486 _1 2 ROBERT L. GETTYS, Plaintiff, HOLY SPIRIT HOSPITAL Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 02-794 : : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: PLEASE ISSUE a Rule upon the Plaintiff, Robert L. Gettys, to file a Complaint against Defendant within twenty (20) days after service thereof, or suffer judg~lent of non pros as provided in Pennsylvania Rule of Civil Procedure 1037(a). Respectfully submitted, BY: METTE, EVANS & WOODSIDE Joh~/F. Yanine~, Esquire Sup. Ct. I. D. #55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Holy Spirit Hospital DATE: September 6, 2002 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Criminal Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Stephen J. Hogg, Esquire 19 South Hanover Street Suite 101 Carlisle, PA 17013 DATE: September 6, 2002 METTE, EVANS & WOODSIDE By: Sup. Ct. I.D. No. 55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (7 !7) 232-5000 Attorneys for Defendant Holy Spirit Hospital :304780 _1 ROBERT L. GETTYS, Plaintiff, HOLY SPIRIT HOSPITAL Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 02-794 : : CIVIL ACTION - LAW RULE TO: Robert L. Gettys c/o Stephen J. Hogg, Esquire 19 South Hanover Street Suite 101 Carlisle, PA 17013 DATED: A RULE is hereby issued upon the Plaintiff, Robert L. Gettys, to file a Complaint against Defendant within twenty (20) days after service hereof, or suffer a judgment of non pros. PROTHONOTARY (~55) ROBERT L. GETTYS, Plaintiff, Vo HOLY SPIRIT HOSPITAL Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 02-794 : CIVIL ACTION - LAW NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS TO: Stephen J. Hogg, Esquire 19 South Hanover Street Suite 101 Carlisle, PA 17013 Date of Notice: October 10, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANTS AND THEREBY LOSE PROPERTY OR OTI-I~R IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 METTE, EVANS & WOODSIDE By: Johl~. Yaninel~JEsquire Sup. Ct. I.D. #55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant, Holy Spirit Hospital CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Criminal Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Stephen J. Hogg, Esquire 19 South Hanover Street Suite 101 Carlisle, PA 17013 DATE: October 10, 2002 By: METTE, EVANS & WOODSIDE u~p. F. Ya~ek, Esquire Ct. I.D. No. 55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Holy Spirit Hospital :307739_1 LAW OFFICES OF STEPI-IEN J. HOGG 19 S, HANOVER STREET SUITE 101 CARLISLE, PA 17013 ROBERT L. GETTYS, Plaintiff HOLY SPIRIT HOSPITAL, Defendant : IN THE COURT OF COMMON : PLEAS IN : CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION : NO. 02-794 : : JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 LAW OFFICES OF $'I'EP)~I~N j. I-IOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 ROBERT L. GETTYS, Plaintiff HOLY SPIRIT HOSPITAL, Defendant : IN THE COURT OF COMMON : PLEAS IN : CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION : NO. 02-794 : · JURY TRIAL DEMANDED COMPLAINT Plaintiff is Robert L. Gettys, an adult individual who resides at 226 B Old Stonehouse Road, Mechanicsburg, PA 17055. Defendant Holy Spirit Hospital is a medical facility located at 503 N. 21st Street, Camp Hill, PA 17011 which is engaged in the business of providing medical care and services to the public at large. At all times relevant hereto Defendant Holy Spirit Hospital acted by and through its employees, servants, agents or apparent agents. Natalie Gillis was a Certified Registered Nurse Practitioner who was an employee, servant, agent or apparent agent of Defendant and who provided treatment to the Plaintiff on or about June 25, 2001. Wanda, Thuma-McDermold was a Registered Nurse who was an employee, servant agent or apparent agent of Defendant and who provided treatment to the Plaintiff on or about June 25, 2001. LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 6. Russell Posey was a Medical Assistant who was an employee, servant, agent or apparent agent of Defendant and who provided treatment to the Plaintiff on or about June 25, 2001. 7. Dr. Ranjanas Sharma, Dr. Salvotor Alfano, Dr. Phillip H. Maquire and Dr. Alan C. Teplis were all physician employees, servants, agents or apparent agents of Defendant and on duty at the Defendant's emergency room on or about June 25, 2001 between approximately 12:36 p.m. prevailing time and 2:30 prevailing time. FACTS OF PLAINTIFF'S MEDICAL CARF 8. Plaintiff visited the Defendant Holy Spirit Hospital's Emergency Room for services on or about June 25, 2001. 9. At the time the Plaintiff appeared at the Defendant's Holy Spirit Hospital Emergency Room on June 25, 2001, at or about 1:52 p.m. prevailing time, according to the medical records of Defendant Holy Spirit Hospital the Plaintiffwas suffering from a left index finger injury after hydraulic fluid was injected into the finger (Exhibit 1). 10. Defendant's records from the Plaintiff's visit to the Holy Spirit Hospital Emergency Room on June 25, 2001 show that Defendant's employees, servants, agents or apparent agents were clearly aware that the Plaintiff had a puncture wound to his 2 LAW OFFICES OF STEPHEN J. HOC. d~ 19 S, HANOVER STREET SUITE 101 CARLISLE, PA 17013 left index finger and that the hydraulic fluid had "squirted" into the wound (Exhibit 1). 11. Defendant's records show the Plaintiff was given a tetanus shot. His left index finger was then irrigated with saline and cleansed with Betadine (Exhibit 1). 12. Following the irrigation; Bacitracin was applied and a dressing put on the Plaintiff's left index finger (Exhibit 1 ). 13. Finally, a dose of Augmentin 500 was given to the Plaintiff there and a five day prescription for Augmentin 500 sent home with him (Exhibit 1). 14. Plaintiff was advised to cleanse his finger with hydrogen peroxide and Bacitracin and to return if he had further problems. He was released to return to work the next day (Exhibit 1 ). 15. On or about July 6, 2001, Dr. John T. Stratis sent a letter to the Defendant's emergency room advising he had seen a patient who had recently gone to the Defendant's emergency room with a puncture injury to his left index finger with hydraulic fluid injection. Dr. Stratis advised that this patient was most likely going to lose the finger and cautioned the emergency room to be more aggressive with treating such injuries than applying peroxide and a bandaid (Exhibit 2). 16. Defendant has a written job description for the position of Nurse Practitioner in the Emergency Room. The position description 3 STEPHEN J. HOGG 19 S, HANOVER STREET SUITE 101 CARLISLE, PA 17013 advises that the Nurse Practitioner is to provide "basic/intermediate episodic health care services", may order appropriate diagnostic and laboratory tests and may prescribe medication with the approval of a physician (Exhibit 3). 17. The Defendant has a written job description for the position of Registered Nurse in the Emergency Room. This job description states that the Registered Nurse is responsible to the Charge Nurse in the Emergency Room and also must collaborate with physicians and multidisciplinary team members (Exhibit 4). 18. The Defendant has a written job description for the position of Medical Assistant. This job description states that the Medical Assistant is to assist and support the physician in the assessment, diagnosis and treatment of persons presenting for service at the Emergency Room (Exhibit 5). 19. Defendant's records show that none of the four physicians identified in Paragraph 7 who were available when Plaintiff was at Defendant's Emergency Room for services on June 25, 2001 were consulted or provided any treatment to Plaintiff in regard to his left index puncture wound (Exhibit 1 ). 20. Natalie Gillis, the Certified Registered Nurse Practitioner on duty on June 25, 2001 when the Plaintiff presented to Defendant's emergency room for services, had previously been given a notice of dissatisfaction with her job performance in connection 4 LAW OFFICES OF STEPIiEN j. ItOGG 19 S, HANOVER STREET SUITE 101 CARLISLE, PA 17013 with writing a prescription for medication without a physician cosigning it (Exhibit 6). 21. The Defendant's non-physician employees, servants, agents or apparent agents in the emergency room were not authorized to perform certain actions or provide treatment in certain cases to patients without consultation from a physician. DEFENDANT'S DUTIES TO PLAINTIFF 22. The Plaintiff relied upon the superior knowledge, skill, training, competency and good faith of Defendant and its employees, servants, agents and apparent agents each of whom agreed to provide adequate and proper health care services to Plaintiff but failed to do so. 23. Defendant's and its employees, servants, agents or apparent agents by their superior knowledge, skill, training competency and good faith, induced the Plaintiff to seek no further independent treatment concerning his left index finger until it was too late to avoid amputation. 24. Defendant owed a duty to Plaintiff to render reasonable, competent, proper and prompt medical care, advice, services and treatment. 25. Defendant further owed a duty to Plaintiff to evaluate, monitor, treat and improve Plaintiffs condition and avoid harm to him. 5 LAW OFFICES OF STEPI-IEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 26. Defendant failed to perform any of the aforementioned duties owed to Plaintiff. 27. At no time did Defendant's employees, servants, agents or apparent agents advise the Plaintiff that he should not squeeze or manipulate the finger. 28. At no time did Defendant's employees, servants, agents or apparent agents make any attempt to ascertain what, if any, additional hydraulic fluid remained in the Plaintiff's left index finger nor did Defendant's employees, servants, agents or apparent agents make any attempts to withdraw any additional hydraulic fluid from the Plaintiff's left index finger. 29. At no time did Defendant's employees, servants, agents or apparent agents debride Plaintiff's wound or make any further attempt, other than what is set forth in the records attached hereto as Exhibit 1, to treat Plaintiff's left index finger for hydraulic fluid poisoning. 30. Plaintiff asserts that Defendant's non-physician employees, servants, agents or apparent agents were not authorized to treat cases of hydraulic fluid poisoning without consulting a physician. 31. Defendant's employees, servants, agents or apparent agents caused the Plaintiff to have his left index finger amputated by failing to provide adequate treatment for Plaintiff's injuries when he first came to Defendant's emergency room. 6 LAW OFFICES OF STEPI-IEN J. I-IOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 32. ALLEGATIONS OF NEGLIGENCE AGAINST DEFENDANT The negligent and tortious acts of Defendant, or its employees, servants, agents or apparent agents constituting a breach of the duties alleged in Paragraphs 22 through 31 as a result of its own activities and the activities of its employees, servants, agents, or apparent agents consist of the following: a. Failure to select and retain competent medical health care practitioners; b. Failure to properly oversee all employees, agents or servants providing healthcare treatment within its walls as to patient care; c. Failure to formerly adopt, and enforce adequate rules and policies to ensure quality care for patients; Failure to provide adequately trained and skilled staff and failure to supervise its staff on or about June 25, 2001 so as to insure that physicians, nurses and other support staff were available to properly diagnose, monitor and treat the Plaintiff's condition; Failure to adequately diagnose, test, examine, monitor and treat Plaintiff's hydraulic fluid poisoning thereby increasing the risk of tissue damage and amputation; Failure to have a physician review the treatment measures taken by Defendant's non-physician 7 LAW OFFICES OF STEPI-IEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 33. employees, servants, agents or apparent agents in treating Plaintiff; g. Failure to have a comprehensive physical examination performed on the Plaintiff; h. Failure to comply with applicable standards of care and emergency room medicine as far as thoroughly and properly evaluating the Plaintiff to determine the proper course of treatment and care; i. Failure to meet the community standard of medical care and skill required in treating Plaintiffs condition; j. Failure to oversee and monitor all persons practicing medicine upon Plaintiff; and k. Failure to promptly diagnose, test, examine monitor and treat Plaintiffs hydraulic fluid poisoning which delay directly and proximately resulted in the amputation of Plaintiff's left index finger. I. Failure to otherwise meet Defendant's duties of care owed to the Plaintiff; All of Defendant's actions or inactions by its employees, servants, agents or apparent agents as set forth above caused or increased the risk of harm to the Plaintiff which harm, the amputation of Plaintiff's left index finger, ultimately occurred as a direct and proximate result thereof. 8 LAW OFFICES OF STEPI-I~N J. H~ 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 34. Defendant is vicariously liable for the negligence, recklessness or carelessness of its employees, servants, agents or apparent agents. 35. As a further direct and proximate result of the conduct of Defendants and its employees, servants, agents or apparent agents, Plaintiff was forced to endure great pain, suffering and inconvenience and will endure the same in the future. The Plaintiff was forced to submit to medical, medicinal, surgical and therapeutic treatment. 36. The Plaintiff suffered from scars and disfigurement to his left index finger and his health in general has been seriously and permanently impaired due to the loss of his left index finger. 37. As a further result of the conduct of Defendant and its employees, servants, agents and apparent agents, Plaintiff has been forced to expend large sums of money for doctors, hospitals and other items necessary for his proper care and treatment. 38. As a further result of the conduct of Defendant and its employees, servants, agents and apparent agents, Plaintiff has suffered partial destruction of his earning capacity and has therefore lost sums of money that he otherwise would have earned in the past and would earn in the future. 9 STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Wherefore, Plaintiff claims damages against Defendant in a sum in excess of the limits of statutory arbitration together with interest, costs and attorney fees. PUNITIVE DAMAGES 39. Plaintiff hereby incorporates Paragraphs 1-38 inclusive as though set forth fully herein at length. 40. Plaintiff asserts Defendant's actions and inactions and those of its employees, servants, agents or apparent agents as aforesaid arise to the level of reckless indifference sufficient to support an award of Punitive Damages. Wherefore, Plaintiff demands Punitive Damages against Defendant in excess of $25,000 plus interest, costs and attorney fees. Stephen J. It&, Attorney for Plai~ ,~Esquire tiff 10 LAW OFFICES OF STEPHEN J, HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 VERIFICATION I verify that the statements made in this Complaint to the Court of Common Pleas of Cumberland County, Pennsylvania, are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. Section 4904, relating to unsworn falsifications to authorities. ROBERT L. GETTYS ~ LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 CERTIFICATE OF SERVlCF I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby :edify that I did on this day serve one true and correct copy of the attached Complaint by United States Mail, postage pre-paid, addressed :o the following: John F. Yaninek, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 )ate: Stephen J. Ho)~, ~quire Attorney for P~in~ CERTIFICATE OF SERVICE I, Stephen J. Hogg, EsqUire, Attorney for the Plaintiff, hereby :edify that I did on this day serve one true and correct copy of the Complaint by United States Mail, postage pre-paid, addressed the following: John F. Yaninek, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 AS~eoPrnhee; foJ;' PYa i n/t~ff re LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby ;ertify that I did on this day serve one true and correct copy of the attached Complaint by United States Mail, postage pre-paid, addressed lo the following: John F. Yaninek, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 )ate: ~oPrhn~;fJo'r~nign'.~quire LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby certify that I did on this day serve one true and correct copy of the attached Complaint by United States Mail, postage pre-paid, addressed to the following: John F. Yaninek, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date: ROBERT L. GETTYS, Plaintiff, V. HOLY SPIRIT HOSPITAL Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 02-794 : CIVIL ACTION - LAW NOTICE TO PLEAD TO: ROBERT L. GETTYS ¢/o Stephen J. Hogg, Esquire 19 South Hanover Street Suite 101 Carlisle, PA 17013 You are hereby notified to file a written response to Defendant's Preliminary Objections to Plaintiff's Complaint within twenty (20) days from service hereof or a judgment may be entered against you. METTE, EVANS & WOODSIDE DATED: November 1, 2002 By: JoJ~ F. Yanil~, Esquire SUlp. Ct. I.D. No. 55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant, Holy Spirit Hospital ROBERT L. GETTYS, Plaintiff, V. HOLY SPIRIT HOSPITAL Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 02-794 : : CIVIL ACTION - LAW DEFENDANT HOLY SPIRIT HOSPITAL'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendant, Holy Spirit Hospital, by and through its attorneys, Mctte, Evans & Woodside, hereby files the following Preliminary Objections to Plaintiff's Complaint pursuant to Pa. R.C.P. 1028, and avers as follows: 1. A true and correct copy of Plaintiff's Complaint is marked as "Exhibit A", attached hereto and made a part hereof. A. Defendant's Preliminary Objections to Plaintiff's Complaint In the Nature of Demurrer for Legal Insufficiency of Pleading Pursuant to Pa. R.C.P. No. 1028(a)(4) and/or In Nature of a Motion to Strike for Insufficient Specificity of a Pleading Pursuant to Pa. R.C.P. No. 1028(a)(3). 2. Paragraph 1 is incorporated herein by reference as if fully set forth at length. 3. In Plaintiff's Complaint, Plaintiff makes claims of recklessness and reckless indifference regarding the care he received fi.om Holy Spirit Hospital. 4. Plaintiff tries to support a claim for punitive damage with mere conclusory statements within the Complaint. See, Paragraph 40, Exhibit "A". 5. Plaintiff's Complaint lacks factual allegations necessary to support such claims for recklessness and/or reckless indifference to support an award for punitive damage against Defendant. 6. Plaintiffhas based a prayer for relief requesting punitive damages on the mere conclusory statements within the Complaint. 7. Additionally, under Pennsylvania law, a corporate defendant is not generally vicariously liable for punitive damages for acts of servants. 8. Plaintiff's Complaint lacks factual allegations necessary to support the punitive damages claims against Defendant. WHEREFORE, Defendant Holy Spirit Hospital respectfully requests this Honorable Court enter an order sustaining its demurrer and dismissing with prejudice Plaintiff's claims for recklessness, reckless indifference and punitive damages within the Complaint against Defendant Holy Spirit Hospital. B. Preliminary Objections in the Nature of a Motion to Strike Pursuant to Pa. R.C.P. 1028(a)(2). 9. Paragraphs 1-8 are incorporated herein by reference as if fully set forth at Iength. 10. In the Complaint, Plaintiff requests attorney fees. _See, Page 10 of Plaintiff's Complaint, Exhibit "A". 11. Under Pennsylvania law, a litigant cannot recover counsel fees fi.om an adverse party unless there is an express statutory authorization, a clear agreement of the parties, or some other established exception. 12. In the instant case, no statute, agreement or exception authorizes attorney fees against Defendant Holy Spirit Hospital. 13. Therefore, Plaintiff's requests for "attorney fees" contained within the Complaint fail to conform to law. WHEREFORE, Defendant Holy Spirit Hospital respectfully requests this Honorable Court enter an order striking Plaintiff's Complaint for failure to comply with rule of law. In the alternative, if the action is not otherwise dismissed, Defendant requests this Honorable Court enter an order striking Plaintiff's claims for "attorney fees" from the Complaint. C. Preliminary Objections In the Nature of a Motion to Strike for Insufficient Speeffieity of Pleading Pursuant to Pa. R.C.P. 1028(a)O). 14. Paragraphs 1-13 are incorporated herein by reference as if fully set forth at length. 15. Under Pennsylvania law, "[t]he material facts on which cause of action or defense is vague shall be stated in concise and summary form." Pa. R.C.P. 1019(a). 16. However, as detailed below, many of Plaintiff's allegations in the Complaint lack the factual specificity as required under Pennsylvania law. 17. For example, Plaintiffpleads as follows: 32. The negligent and tortious acts of Defendant, or its employees, servants, agents or apparent agents constituting a breach of the duties alleged in Paragraphs 22 through 31 as a result of its own activities and the activities of its employees, servants, agents, or apparent agents consist of the following: i. Failure to meet the community standard of medical care and skill required in treating Plaintiffs condition; 1. Failure to otherwise meet Defendant's duties of care owed to the Plaintiff; 18. The above-cited allegations lack the factual specificity required under Pennsylvania law. 19. Defendant Holy Spirit Hospital is prejudiced by the above-quoted allegations in Paragraphs 32(i) and 32(1) because they do not apprise said Defendant of the claims against it, and it is therefore unable to prepare a defense thereto. WHEREFORE, Defendant Holy Spirit Hospital respectfully requests this Honorable Court strike Paragraphs 32(i) and 32(1) for insufficient specificity. In the alternative, Plaintiff should be directed to file a more specific pleading. Respectfully submitted, By: METTE, EVANS & WOODSIDE J aninek,~~ SdS. Ct. I.D. #55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant, Holy Spirit Hospital Date: November 1, 2002 Exhibit A ROBERT L. GETTYS, Plaintiff HOLY SPIRIT HOSPITAL, Defendant : IN THE COURT OF COMMON : PLEAS IN : CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION : NO. 02-794 : : JURY TRIAL DEMANDED ~WO~SOF TEP/~N J. ItOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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... a~:~ other claim or relief requested by the plaintiff. You may lose ~y property or other rights important to yOu. ~. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER/~ ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 LAW OFFICES OF ~Pm~N$. HOGG g $. HANOVER STREET SUITE 101 CA~ ~USLE. PA 17013 ROBERT L. GETTYS, Plaintiff HOLY SPIRIT HOSPITAL, Defendant .' IN THE COURT OF COMMON : PLEAS IN : CUMBERLAND COUNTY, · ' PENNSYLVANIA ,, : CIVIL ACTION : NO. 02-794 : : JURY TRIAL DEMANDED COMPLAINT Plaintiff is Robert L. Gettys, an adult individual who resides at 226 B Old Stonehouse Road, Mechanicsburg, PA 17055. Defendant Holy Spidt Hospital is a medical facility located at 503 N. 21st Street, Camp Hill, PA 17011 which is engaged in the business of providing medical care and services to the public at large. At all times relevant hereto Defendant .Holy Spirit Hospital acted by and through its employees, servants, agents or apparent agents. Natalie Gillis was a Certified Registered Nurse Practitioner who was an employee, servant, agent or apparent agent of Defendant and who provided treatment to the Plaintiff on or about June 25, 2001. Wanda, Thuma-McDermold was a Registe;'ed Nurse who was an employee, servant agent or apparent agent of Defendant and who provided treatment to the Plaintiff on or about June 25, 2001. LAW OFFICE8 OF { STREET lOl 17O13 o 10. o Russell Posey was a Medical Assistant who was an employee, servant, agent or apparent agent of Defendant and who provided treatment to the Plaintiff on or about June 25, 2001. Dr. Ranjanas Sharma, Dr. Salvotor Alfano, Dr. Phillip H. Maquire and Dr. Alan C. Teplis were all physician employees, servants, agents or apparent agents of Defendant and on duty at the Defendant's emergency room on or about June 25, 2001 between approximately 12:36 p.m. prevailing time and 2:30 prevailing time. FACTS OF PLAINTIFF'S MEDICAL CARl- Plaintiff visited the Defendant Holy Spirit Hospital's Emergency Room for services on or about June 25, 2001. At the time the Plaintiff appeared at the Defendant's Holy Spirit Hospital Emergency Room on June 25, 2001, at or about 1:52 p.m. prevailing time, according to the medical records of Defendant Holy Spirit Hospital the Plaintiff was suffering from a left index finger injury after hydraulic fluid was injected into the finger (Exhibit 1). Defendant's records from the Plaintiff's visit to the Holy Spirit Hospital Emergency Room on June 25, 20.01 show that Defendant's employees, servants, agents or apparent agents were clearly aware that the Plaintiff had a puncture wound to his LAW OFFICES OF ~9 S. HANOVER STREET SUITE 101 ' ~ 17013 left index finger and that the hydraulic fluid had "squirted" into the wou nd (Exhibit 1). 11. Defendant's records show the Plaintiff was given a tetanus shot. His left index finger was then irrigated with saline and cleansed with Betadine (Exhibit 1 ). 12. Following the irrigation; Bacitracin was applied and a dressing put on the Plaintiff's left index finger (Exhibit 1 ). 13. Finally, a dose of Augmentin 500 was given to the Plaintiff there and a five day prescription for Augmentin 500 sent home with him (Exhibit 1). 14. Plaintiff was advised to cleanse his finger with hydrogen peroxide and Bacitracin and to return if he had further problems. He was released to return to work the next day (Exhibit 1). 15. On or about July 6, 2001, Dr. John T, Stratis sent a letter to the Defendant's emergency room advising he had seen a patient who had recently gone to the Defendant's emergency room with a puncture injury to his left index finger with hydraulic fluid injection. Dr. Stratis advised that this patient was most likely going to lose the finger and cautioned the emergency room to be more aggressive with treating such inju. ries than applying peroxide and a bandaid (Exhibit 2). 16. Defendant has a written job description for the position of Nurse Practitioner in the Emergency Room. The position description LAW OFFICES OF ;9 S. HANOVER STREET SUITE 101 CARLISLE, PA 17O13 advises that the Nurse Practitioner is to provide "basic/intermediate episodic health care services", may order appropriate diagnostic and laboratory tests and may prescribe medication with the approval of a physician (Exhibit 3). 17. The Defendant has a wdtten job description for the position of Registered Nurse in the Emergency Room. This job description states that the Registered Nurse is responsible to the Charge Nurse in the Emergency Room and also must collaborate With physicians and multidisciplinary team members (Exhibit 4). 18. The Defendant has a wdtten job description for the position of Medical Assistant. This job description states that the Medical Assistant is to assist and support the physician in the assessment, diagnosis and treatment of persons presenting for service at the Emergency Room (Exhibit 5). 19. Defendant's records show that none of the four physicians identified in Paragraph 7 who were available when Plaintiff was at Defendant's Emergency Room for services on June 25, 2001 were consulted or provided any treatment to Plaintiff in regard to his left index puncture wound (Exhibit 1). 20. Natalie Gillis, the Certified Registered Nut,se Practitioner on duty on June 25, 2001 when the Plaintiff presented to Defendant's emergency room for services, had previously been given a notice of dissatisfaction with her job performance in connection 4 LAW OFFICES OF ~ $. HOC~ ~9 S. HANOVER STREET SUITE 101 CARLISLE. PA 17013 21. 23. 24. 25. 22. with wdting a prescription for medication without a physician cosigning it (Exhibit 6). The Defendant's non-physician employees, servants, agents or apparent agents in the emergency room were not authorized to perform certain actions or provide treatment in certain cases to patients without consultation from a physician. DEFENDANT'S DUTIES TO PLAINTIFF The Plaintiff relied upon the superior knowledge, skill, training, competency and good faith of Defendant and its employees, servants, agents and apparent agents each of whom agreed to provide adequate and proper health care services to Plaintiff but failed to do so. Defendant's and its employees, servants, agents or apparent agents by their superior knowledge, skill, training competency and good faith, induced the Plaintiff to seek no further independent treatment concerning his left index finger until it was too late to avoid amputation. Defendant owed a duty to Plaintiff to render reasonable, competent, proper and prompt medical care, advice, services and treatment. Defendant further owed a duty to Plaintiff to evaluate, monitor, treat and improve Plaintiffs condition and avoid harm to him. LAW OFFICES OF T~}~.~I j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE. PA 17013 26. Defendant failed to perform any of the aforementioned duties owed to Plaintiff. 27. At no time did Defendant's employees, servants, agents or apparent agents advise the Plaintiff that he should not squeeze or manipulate the finger. 28. At no time did Defendant's employees, servants, agents or apparent agents make any attempt to ascertain what, if any, additional hydraulic fluid remained in the Plaintiff's left index finger nor did Defendant's employees, servants, agents or apparent agents make any attempts to withdraw any additional hydraulic fluid from the Plaintiff's left index finger. 29. At no time did Defendant's employees, servants, agents or apparent agents debride Plaintiff's wound or make any further attempt, other than what is set forth in' the records attached hereto as Exhibit 1, to treat Plaintiff's left index finger for hydraulic fluid poisoning. 30. Plaintiff asserts that Defendant's non-physician employees, servants, agents or apparent agents were not authorized to treat cases of hydraulic fluid poisoning without consulting a physician. 31.' Defendant's employees, servants, agents.or apparent agents caused the Plaintiff to have his left index finger amputated by failing to provide adequate treatment for Plaintiff's injudes when he first came to Defendant's emergency room. -- 6 LAW OFFICE8 OF X'EP~-~.N J. HOC, G 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 32. .ALLEGATIONS OF NEGLIGENCE AGAINST DEFENDANT The negligent and tortious acts of Defendant, or its employees, servants, agents or apparent agents constituting a breach of the duties alleged in Paragraphs 22 through 31 as a result of its own activities and the activities of its employees, servants, agents, or apparent agents consist of the following: a. Failure to select and retain competent medical health care practitioners; b. Failure to properly oversee all employees, agents or servants providing healthcare treatment within its walls as to patient care; c. Failure to formerly adopt, and enforce adequate rules and policies to ensure quality care for patients; d. Failure to provide adequately trained and skilled staff and failure to supervise its staff on or about June 25; 2001 so as to insure that physicians, nurses and other support staff were available to properly diagnose, monitor and treat the Plaintiff's condition; e. Failure to adequately diagnose, test, examine, monitor and treat Plaintiff's hydraulic fluid p.oisoning thereby increasing the risk of tissue damage and amputation; f. Failure to have a physician review the treatment measures taken by Defendant's non-physician LAW OFFICES OF ~j. HOC~ SUITE 101 CARL SLE PA 17013 33. employees, servants, agents or apparent agents in treating Plaintiff; g. Failure to have a comprehensive physical examination performed on the Plaintiff; h. Failure to comply with applicable standards of care and emergency room medicine as far as thoroughly and properly evaluating the Plaintiff to determine the proper course of treatment and care; i. FailUre to meet the community standard of medical care and skill required in treating Plaintiffs condition; j. Failure to oversee and monitor all persons practicing medicine upon Plaintiff; and k. Failure to promptly diagnose, test, examine monitor and treat Plaintiffs hydraulic fluid poisoning which delay directly and proximately resulted in the amputation of Plaintiff's left index finger. I. Failure to otherwise meet Defendant's duties of care owed to the Plaintiff; All of Defendant's actions or inactions by its employees, servants, agents.or apparent agents as set forth above caused or increased the risk of harm to the Plaintiff which harm, the amputation of Plaintiff's left index finger, ultimately occurred as a direct and proximate result thereof. LAW OFFICES OF 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 34. Defendant is vicariously liable for the negligence, recklessness or carelessness of its employees, servants, agents or apparent agents. 35. As a further direct and proximate result of the conduct of Defendants and its employees, servants, agents or apparent agents, Plaintiff was forced to endure great pain, suffering and inconvenience and will endure the same in the future. The Plaintiff was forced to submit to medical, medicinal, surgicai and therapeutic treatment. 36. The Plaintiff suffered from scars and disfigurement to his left index finger and his health in general has been seriously and permanently impaired due to the loss of his left index finger. 37. As a further result of the conduct of Defendant and its employees, servants, agents and apparent agents, Plaintiff has been forced to expend large sums of money for doctors, hospitals and other items necessary for his proper care and treatment. 38. As a further result of the conduct of Defendant and its employees, servants, agents and apparent agents, Plaintiff has suffered partial destruction of his earning c. apacity and has therefore lost sums of money that he otherwise would have earned in the past and would earn in the future. LAW OFFICES OF 9 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Wherefore, Plaintiff claims damages against Defendant in a sum in excess of the limits of statutory arbitration together with interest, costs and attomey fees. PUNITIVE DAMAGES 39. Plaintiff hereby incorporates Paragraphs 1-38 inclusive as though set forth fully herein at length. 40. Plaintiff asserts Defendant's actions and inactions and those of its employees, servants, agents or apparent agents as aforesaid arise to the level of reckless indifference sufficient to support an award of Punitive Damages. Wherefore, Plaintiff demands Punitive Damages against Defendant in excess of $25,000 plus interest, costs and attorney fees. Date: ~0/?,~/~/~/~- /'i~" ~ Stephen J. I-l~g ~, Esquire Attomey for Pla tiff LAW Or~::ICEE; OF 9 S, HANOVER STREET SUITE 101 CARLISLE, PA 17013 ,VERIFICATION I verify that the statements made in this Complaint to the Court of Common Pleas of Cumberland County, Pennsylvania, are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. Section 4904, relating to unswom falsifications to authorities. CERTIFICATE OF S. ERVICF I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby that I did on this day serve one true and correct copy of the ~omplaint by United States Mail, postage pre-paid, addressed the following: John F. Yaninek, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA' 17110 0950 Attorneyfo'r~ign'.~quire LAW OFFICES OF 9 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Criminal Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Stephen J. Hogg, Esquire 19 South Hanover Street Suite 101 Carlisle, PA 17013 DATE: November 1, 2002 By: METTE, EVANS & WOODSIDE Jc~n F. Yani~k, Esquire Sup. Ct. I.D. No. 55741 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Holy Spirit Hospital LAW OFFICES OF STEP/-I~.~N j. HOGC, 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 ROBERT L. GETTYS, Plaintiff HOLY SPIRIT HOSPITAL, Defendant : IN THE COURT OF COMMON : PLEAS IN : CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION : NO. 02-.794 : : JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS Plaintiff Robert L. Gettys, by his Attorney, Stephen J. Hogg, Esquire hereby files the following Answer to Defendant's Preliminary Objections as follows: 1. Admitted. A. DEMURRER - FOR LEGAL SUFFICIENCY OF PLEADING AND/OR MOTION TO STRIKF FOR INSUFFICIENT SPECIFICITY OF A PLEADINC Paragraph 1 is incorporated herein by reference as if fully set forth at length. Admitted. Denied. Plaintiff asserts the Complaint as a whole is sufficiently specific to comply with Pa. R.C.P. 1019 to put Defendant on notice as to the factual basis for the demand for punitive damages. LAW OFFICES OF STEPI-I~N j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 5. Denied. 40 P.S. §1301.812-A(c) permits punitive damages against a healthcare provider based on vicarious liability for the action of an employee, servant, agent or apparent agent if the provider knew of and allowed the conduct by the employee, servant, agent or apparent agent resulting in the award. 6. Denied. See Paragraph 4. 7. Paragraph states a conclusion of law and therefore no affirmative response is required. By way of further answer, see Paragraph 4. 8. Denied. Plaintiff asserts that the Complaint as a whole sets forth sufficient factual allegations to support a claim for punitive damages. Wherefore Plaintiff respectfully requests this Honorable Court deny Defendant's Preliminary Objections in the nature of a Demurrer and/or Motion to Strike For Insufficient Specificity and direct the Defendant to file a timely Answer to Plaintiff',,; Complaint. B. PRELIMINARY OBJECTIONS IN THE NATURE OF A 10. 11. MOTION TO STRIKE UNDER Pa. R.C.P. '1028~a)(2) Paragraphs 1-8 are incorporated herein by reference as if fully set forth at length. Admitted. Denied. By way of further answer, 42 Pa C.S.A. §2503 permits an award of counsel fees based on the conduct of another party. LAW OFFICES OF STEPI~N j. ItOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 12. Denied. 13. Denied. Wherefore, Plaintiff respectfully requests this Honorable Court to dismiss Defendant's Motion To Strike For Failure Of Pleadings To Conform To Law and direct Defendant to file a timely Answer to Plaintiff's Complaint. C. MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY OF PLEADING 14. Paragraphs 1-13 are incorporated herein by reference as if fully set forth at length. 15. Denied. The actual language of Pa. R.C.P. 1019(a) states "the material facts on which a cause of action or defense is based shall be stated in a concise and summary form." 16. Denied. It is specifically denied that any of Plaintiff's allegations in the Complaint lack the factual specificity required under Rule 1019. 17. Admitted. 18. Denied. Plaintiff asserts the Complaint as a whole is sufficiently specific to comply with Pa. R.C.P. 1019 to put Defendant on notice as to the factual basis for the Plaintiffs demands. 19. Denied. See Paragraph 18. Wherefore, Plaintiff respectfully requests this Honorable Court to dismiss Defendant's Motion To Strike for Insufficient Specificity of Pleading and direct Defendant to file a timely Answer to Plaintiff's Complaint. Respectfully Submitted, Date: S~phen J. H~gy~squire Attorney for Plai~iff LAW OFFICES Of ST~IEN j. HOC, G 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 LAW OFFICES OF STEPI-~N J. I-IOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby ;ertify that I did on this day serve one true and correct copy of the attached Plaintiff's Answer To Defendant's Preliminary Objections by Inited States Mail, postage pre-paid, addressed to the following: John F. Yaninek, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 )ate: / S~phen J. Hog~E~quire Attorney for Plai~ti~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be tTpewritten and su~nitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please ]~stthewithinmatterfcwthem~t~tcourt. CAPTION OF CASE (entire captionmUstbestatedinD,]]) Robert L. Gettys (Plaintiff) Holy Spirit Hospital ( Defendant ) No..Q 2- 794 Civil 2002 State matter to be arc3ued (i.e., plaintiff's motion for new trial, defendant's d~nurrer to cc~np] a ~ nt, etc. ): Defendant's Preliminary Objections to Plaintiff's Complaint 2. Identify counsel who ~ arc3ue case: (a) for PI ~ntiff: Address: e hen J Hog Es ui ~ 9. Han6ver ~ree~, ~e. 101 Carlisle, PA 17013 (b) for defendant: John F. Yaninek, Esquire Address: 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 I ~ ~otif7 al l parties in writing within ~ d~ys that this c~se has been listed for ar~3a~ent. 4. Ar~3~nent Ccitt Date: February 12, 2003 'Attof-~q for "/' ROBERT L. GETTYS, Plaintiff HOLY SPIRIT HOSPITAL, Defendant IN THE COURT OF C. PLEAS IN CUMBERLAND COU! PENNSYLVANIA CIVIL ACTION NO. 02-794 JURY TRIAL DEMAN PRAECIPE FOR DISSMISSAL TO THE PROTHONOTARY OF SAID COURT: Please dismiss the Complaint in the above caption without prejudice. Respectfully Submittedi Date: iMMON ITY, )ED d matter S{ephen J.~ Hog~s~ire LAW OFFICES OF STEPtlEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013