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HomeMy WebLinkAbout13-5383 Supreme Cout�of`Pennsylvania � � � For Protho Use O nl y : Courof. Common leas � y: ?i i i1 Co er S M � Docket No: S ST CUM8ERC7fiND� County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint F1 Writ of Summons �' Petition Transfer from Another Jurisdiction FF_,j Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: PENNY RACCIO HOLY SPIRIT HEALTH SYSTEM, INC. T Dollar Amount Requested: within arbitration limits I Are money damages requested? NI Yes C.=1 No (check one) rx outside arbitration limits O N Is this a Class Action Suit? FI Yes M'?<j No Is this an MDJAppeal? 0 Yes [@ No A Name of Plaintiff /Appellant's Attorney: VINCENT M. MONFREDO, ESQUIRE © Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not inchide Judgments) CIVIL APPEALS 0 Intentional Q Buyer Plaintiff Administrative Agencies i=J Malicious Prosecution J Debt Collection: Credit Card Board of Assessment IJ Motor Vehicle Debt Collection: Other Q Board of Elections Nuisance Q Dept. of Transportation z Premises Liability 0 Statutory Appeal: Other S Product Liability (does not include mass tort) n Employment Dispute: E Q Slander/Libel /Defamation Discrimination C Other: Ej Employment Dispute: Other la Zoning Board Other: T I 0 O ther: O MASS TORT FLJI Asbestos N J Tobacco E] Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste [I Ejectment M Common Law /Statutory Arbitration B 0 Other: El Eminent Domain /Condemnation Q Declaratory Judgment f i Ground Rent (] Mandamus Landlord /Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial QF_j Quo Warranto Dental ❑ Partition - Replevin Legal Q Quiet Title Other: [ Medical iJ Other: 71 Other Professional: Updated 1/1/2011 PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW NO: HOLY SPIRIT HEALTH SYSTEM, Inc., a non -profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC. Mme- a non -profit corporation individually and dba HOLY SPIRIT HOSPITAL, and r--= - �r JANE DOE 1 individually and, as an c Employee of Holy Spirit Health System, Inc.: and as an Employee of Holy Spirit Hospital of the Holy Spirit Hospital of the Sisters of Christian Charity, Inc. and JANE DOE 2 as an Employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc., and as an individual, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, Pennsylvania 17103. Date: ��a /r3 Respectfully submitted, ROMINGER & ASSOCIATES S in et M Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241 -6070 Supreme Court ID # 206671 l� a9s'�3 WRIT OF SUMMONS To The Above Named Defendants: Holy Spirit Health System, Inc. 503 N. 21 St. Camp Hill, PA 17011 Jane Doe 1 Employees of Holy Spirit Health System, Inc. and Holy Spirit Hospital of the Sisters of Christian Charity, Inc. 503 N 21st St Camp Hill, PA 17011 Jane Doe 2 Employees of Holy Spirit Health System, Inc. and Holy Spirit Hospital of the Sisters of Christian Charity, Inc. 503 N 21st St . Camp Hill, PA 17011 Holy Spirit Hospital of the Sisters of Christian Charity, Inc. 503 N. 21 St. Camp Hill, PA 17011 YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. rothonotary Date: la�aD By: J �_. Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY RonnyRAnderson , Sheriff ot Jody S Smith Chief Deputy , m :1113 SEA' 27 AM 10: I C Richard W Stewart ;15MBERLANO cuts I' Solicitor PENNSYLVANIA Penny A. Raccio vs. Case Number Holy Spirit Hospital & Health System (et al.) 2013-5383 SHERIFF'S RETURN OF SERVICE 09/18/2013 01:28 PM- Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Kay Tipton - Legal Coordinator for Risk Managment ,who accepted as"Adult Person in Charge"for Holy Spirit Hospital & Health System at 503 N. 21st Street, East Pennsboro Township, Camp Hill, PA 17011. '!ism ' TSHALL, . 'UTY 09/18/2013 01:28 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jane Doe#1, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Writ of Summons as"Not Served"at 503 North 21st Street, East Pennsboro, Camp Hill, PA 17011. Kay Tipton, Legal Coordinator for Holy Spririt Hospital was unable to accept service since the defendant was not listed by name. 09/18/2013 01:28 PM- Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jane Doe#2, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Summons as"Not Served" at 503 North 21st Street, East Pennsboro, Camp Hill, PA 17011. Kay Tipton, Legal Coordinator for Holy Spririt Hospital was unable to accept service since the defendant was not listed by name. 09/18/2013 01:28 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Kay Tipton - Legal Coordinator for Risk Managment, who accepted as"Adult Person in Charge" Pr Holy Spirit Hospital of Sisters of Christian Chairty Inc. at 503 North 21st Street, East Pennsboro •-' p Hill, PA 17011. `i,,•"-- AFAIP ""FM" UTS • DEPUTY SHERIFF COST: $93.41 SO ANSWERS, September 25, 2013 RON�Y R ANDERSON, SHERIFF ':011-!yi3ure :hart!,To-cseft 1 PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO: 13 - 5383 • HOLY SPIRIT HEALTH SYSTEM, Inc., a non-profit corporation individually and • dba HOLY SPIRIT HEALTH SYSTEM, • •-e and HOLY SPIRIT HOSPITAL OF THE • rn ill a11- SISTERS OF CHRISTIAN CHARITY, INC: crr' a non-profit corporation individually and • � - � dba HOLY SPIRIT HOSPITAL, and • <ctp -� - JANE DOE 1 individually and, as an • Employee of Holy Spirit Health System, Inc.: " • and as an Employee of Holy Spirit Hospital : of the Holy Spirit Hospital of the Sisters of : Christian Charity, Inc. and JANE DOE 2 as : an Employee of Holy Spirit Health System, : Inc. and as an employee of Holy Spirit Hospital of the Sisters of Christian Charity, : Inc., and as an individual, Defendants : JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS To the Prothonotary: Please re-issue the attached writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to Vincent M. Monfredo, Esquire at 155 South Hanover Street, Carlisle, Pennsylvania 17013. Date: November 4, 2013 Respectfully submitted, ROMINGER& ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 'I Supreme Court ID #206671 $' � 7 5 pk J7 (1) 4.97765 a PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW NO: 13 - 5383 HOLY SPIRIT HEALTH SYSTEM, Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC: a non-profit corporation individually and m rr1l dba HOLY SPIRIT HOSPITAL, andr;:o- JANE DOE 1 individually and, as an C:) Employee of Holy Spirit Health System, Inc.: ° =s and as an Employee of Holy Spirit Hospital « ^'� A c of the Holy Spirit Hospital of the Sisters of z ` Christian Charity, Inc. and JANE DOE 2 asc an Employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc., and as an individual, Defendants : JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS To the Prothonotary: Please re-issue the attached writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to Vincent M. Monfredo, Esquire at 155 South Hanover Street, Carlisle, Pennsylvania 17013. Date: November 26, 2013 Respectfully submitted, ROMINGER& ASSOCIATES VAIcent . Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 7 Supreme Court ID #206671 PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA vs. : CIVIL ACTION-LAW : NO: 13-35&3 • 13-53433 • HOLY SPIRIT HEALTH SYSTEM, Inc., : a non-profit corporation individually and : dba HOLY SPIRIT HEALTH SYSTEM, 0 :tea and HOLY SPIRIT HOSPITAL OF THE : ';= SISTERS OF CHRISTIAN CHARITY, INC.: a non-profit corporation individually and : r ` ' dba HOLY SPIRIT HOSPITAL,and : JANE DOE 1 individually and, as an : ' f Employee of Holy Spirit Health System,Inc.: _ , and as an Employee of Holy Spirit Hospital : of the Holy Spirit Hospital of the Sisters of : Christian Charity,Inc. and JANE DOE 2 as : an Employee of Holy Spirit Health System, : Inc. and as an employee of Holy Spirit Hospital of the Sisters of Christian Charity, : Inc., and as an individual, Defendants : JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to Vincent M. Monfredo,Esq. at 155 S. Hanover St. Carlisle,PA 17013. Date: �1 .2 i (3 Respectfully submitted, o\ �f ROMINGER&ASSOCIATES Vincent M. Monfredo,Esquire 155 South Hanover Street Carlisle,PA 17013 (717)241-6070 7 s �'`' . Supreme Court ID# 206671 cai )7 WRIT OF SUMMONS To The Above Named Defendants: Holy Spirit Health System, Inc. 503 N. 21st St. Camp Hill,PA 17011 Jane Doe 1 Employees of Holy Spirit Health System, Inc. and Holy Spirit Hospital of the Sisters of Christian Charity,Inc. 503 N 21st St Camp Hill,PA 17011 Jane Doe 2 Employees of Holy Spirit Health System,Inc. and Holy Spirit Hospital of the Sisters of Christian Charity,Inc. 503N21stSt Camp Hill,PA 17011 Holy Spirit Hospital of the Sisters of Christian Charity,Inc. 503 N. 21st St. Camp Hill,PA 17011 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: By: Deputy • PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW NO: 13 - 5383 HOLY SPIRIT HEALTH SYSTEM, Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC: a non-profit corporation individually and `=- dba HOLY SPIRIT HOSPITAL, and JANE DOE 1 individually and, as an Employee of Holy Spirit Health System, Inc.: and as an Employee of Holy Spirit Hospital �.J ; of the Holy Spirit Hospital of the Sisters of r C, Christian Charity, Inc. and JANE DOE 2 as an Employee of Holy Spirit Health System, z,_ Inc. and as an employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc., and as an individual, Defendants : JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS To the Prothonotary: Please re-issue the attached writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to Vincent M. Monfredo, Esquire at 155 South Hanover Street, Carlisle, Pennsylvania 17013. Date: January 27, 2014 Respectfully submitted, ROMINGER& ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #206671 �-J r ld 7 PENNY A.RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff . : CUMBERLAND COUNTY,PENNSYLVANIA VS. : CIVIL ACTION-LAW NO: HOLY SPIRIT HEALTH SYSTEM, Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, -r and HOLY SPIRIT HOSPITAL OF THE � ., SISTERS OF CHRISTIAN CHARITY,INC. MM r n `T'r= a non-profit corporation individually and Cn dba HOLY SPIRIT HOSPITAL,and JANE DOE 1 individually and, as an D ?o Employee of Holy Spirit Health System, Inc.: y c rz.; and as an Employee of Holy Spirit Hospital : of the Holy Spirit Hospital of the Sisters of : Christian Charity,Inc. and JANE DOE 2 as : an Employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit . Hospital of the Sisters of Christian Charity, Inc.,and as an individual, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, Pennsylvania 17103. Date: ylu/� Respectfully submitted, ROMINGER&ASSOCIATES .S incent M.Monfredo,Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 ,���// Supreme Court ID#206671 WRIT OF SUMMONS To The Above Named Defendants: Holy Spirit Health System,Inc.' 503 N. 21"St. Camp Hill,PA 17011 Jane Doe 1 Employees of Holy Spirit Health System, Inc. and Holy Spirit Hospital of the Sisters of Christian Charity,Inc. 503 N 21 st St Camp Hill,PA 17011 Jane Doe 2 Employees of Holy Spirit Health System, Inc. and Holy Spirit Hospital of the Sisters of Christian Charity,Inc. 503 N 21st St . Camp Hill,PA 17011 Holy Spirit Hospital of the Sisters of Christian Charity,Inc. 503 N. 21st St. Camp Hill,PA 17011 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. ko�thonotary Date: Deputy TRUE COPY FROM RECORD M Testimony whereof,I here unto set my hand and the of said Court at Cqftle,Pa. Twe _dey of .20/3 Prothonotary ® O 11971901V PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PA vs. HOLY SPIRIT HEALTH SYSTEM, Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC: a non-profit corporation individually and dba HOLY SPIRT HOSPITAL, and JANE DOE 1 individually and, as an Employee of Holy Spirit Health System, Inc.: and as an employee of Holy Spirit Hospital of the Holy Spirit Hospital of the Sisters of Christian Charity, Inc. and JANE DOE 2 as an employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit : Hospital of the Sisters of Christian Charity, Inc., and as an Individual, Defendants. : CIVIL ACTION -LAW : NO: 13-5383 : 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 . 717-249-3166 PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PA vs. : CIVIL ACTION -LAW : NO: 13-5383 HOLY SPIRIT HEALTH SYSTEM, Inc., : a non-profit corporation individually and : dba HOLY SPIRIT HEALTH SYSTEM, : and HOLY SPIRIT HOSPITAL OF THE : SISTERS OF CHRISTIAN CHARITY, INC: a non-profit corporation individually and : dba HOLY SPIRT HOSPITAL, and JANE DOE 1 individually and, as an : Employee of Holy Spirit Health System, Inc.: and as an employee of Holy Spirit Hospital : of the Holy Spirit Hospital of the Sisters of : Christian Charity, Inc. and JANE DOE 2 as : an employee of Holy Spirit Health System, : Inc. and as an employee of Holy Spirit . Hospital of the Sisters of Christian Charity, : Inc., and as an Individual, Defendants. : JURY TRIAL DEMANDED COMPLAINT AND NOW comes Plaintiff, Penny A. Raccio, by and through her attorney, Lee Mandarino, Esquire, and avers in support of her Complaint as follows: PARTIES 1. Penny A. Raccio (hereinafter "Plaintiff') is an adult individual residing at 301 Walnut Lane, Carlisle, PA 17015. 2. Defendant Holy Spirit Health System, Inc., (hereinafter "Holy Spirit") is a non-profit corporation that owns and operates a group of healthcare facilities in and around Camp Hill, Pennsylvania, and their registered office address is 503 North 21St Street, Camp Hill, PA 17011. 3. Defendant Holy Spirit Hospital of the Sisters of Christian Charity, Inc., (hereinafter "Holy Spirit Hospital") is a non-profit corporation that owns and operates a hospital located in Camp Hill, Pennsylvania, and their registered office address is N. 21St Street, Camp Hill, PA 17011. 4. Defendant Jane Doe 1 was employed as a nurse by Holy Spirit and/or Holy Spirit Hospital on or about November 3, 2011, and her identity is unknown by Plaintiff at this time. 5. Defendant Jane Doe 2 was employed as a nurse by Holy Spirit and/or Holy Spirit Hospital on or about November 3, 2011, and her identity is unknown by Plaintiff at this time. FACTS 6. On or about November 3, 2011, Plaintiff sought treatment for a severe migraine headache at the emergency room at Holy Spirit Hospital. 7. Plaintiff checked in when she arrived at the emergency room and waited in the waiting area for her name to be called. 8. Plaintiff's name was called and Jane Doe 1, who Plaintiff understood to be a nurse, escorted her to a hallway where Plaintiff learned that there were no available rooms. 9. Jane Doe 1 instructed Plaintiff to wait in the hallway and she left to find a bed for Plaintiff. 10. While Plaintiff waited in the hallway as instructed by Jane Doe 1, a second nurse, Jane Doe 2, backed out of a doorway and bumped into Plaintiff with such force that Plaintiff was knocked to the ground. 11. Plaintiff immediately felt severe pain in both hands and wrists, her tailbone, and both arms. 12. Plaintiff was knocked to the ground with such force that she suffered multiple severe injuries, including but not limited to: a. Fractures of both wrists, and b. Fracture of a vertebrae in her spine. 13. Due to the injuries that Plaintiff suffered as a result of this fall, she was forced to seek extensive medical treatment to her financial detriment. 14. Plaintiff is yet to fully recover from her injuries, and only has minimal use of her right wrist. COUNT I NEGLIGENCE OF DEFENDANTS JANE DOE 1 AND JANE DOE 2 15. Previous paragraphs are incorporated herein as if fully set forth herein. 16. The occurrence of the aforementioned incident and the resultant injuries to Plaintiff are the direct and proximate result of the negligence, carelessness, and/or recklessness of Defendants, Jane Doe 1 and Jane Doe 2, generally and more specifically as set forth below: a. In failing to be reasonably vigilant in carrying out their employment duties in a safe and cautious manner, so as not to create a hazardous and dangerous environment for hospital patients; b. In allowing Plaintiff to remain unattended in a busy hospital corridor without a bed or chair to lay/sit on, knowing that she is affected by a severe migraine that may affect her physical constitution and equilibrium; c. In failing to be cautious and aware while moving through the hospital corridors, or more specifically by walking backwards without watching where she was moving, and in turn striking Plaintiff in her weakened state knocking her to the floor; d. In failing to warn Plaintiff of the potential dangers of standing in the busy, high - traffic hospital corridor; and e. Otherwise failing to exercise the degree of care and diligence required under the circumstances. 17. As a direct and proximate result of the negligence of the Defendants, Plaintiff has suffered serious and debilitating bodily injuries that continue to limit her bodily functions. 18. As a direct and proximate result of the Defendants' negligence, Plaintiff has suffered great physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 19. As a direct and proximate result of the Defendants' negligence, Plaintiff has been compelled, in order to affect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 20. As a direct and proximate result of the Defendants' negligence, Plaintiff has been and may in the future be hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 21. As a direct and proximate result of the Defendants' negligence, Plaintiff is unable to drive due to the injuries to her right wrist. 22. As a direct and proximate result of the Defendants' negligence, Plaintiff has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. 23. Plaintiff believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff seeks damages from Defendants Jane Doe 1 and Jane Doe 2 in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II VICARIOUS LIABLITIY OF HOLY SPIRIT AND HOLY SPIRIT HOSPITAL 24. Previous paragraphs are incorporated herein by reference as if fully set forth herein. 25. At all times herein, Defendants Jane Doe 1 and Jane Doe 2 were employed Holy Spirit and/or Holy Spirit Hospital. 26. At all times herein, Defendats Jane Doe 1 and Jane Doe 2 were on duty and carrying out their employment duties at Holy Spirit Hospital. 27. Defendants Jane Doe 1 and Jane Doe 2 were both acting within the scope of their employment at the time that Plaintiff was injured by their negligent acts. 28. Under Pennsylvania law, Defendants Holy Spirit and Holy Spirit Hospital are vicariously liable for the negligent actions of their employees acting within the scope of their employment. WHEREFORE, Plaintiff seeks damages from Defendants Holy Spirit and Holy Spirit Hospital in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs Date: q --/(q Respectfully submitted, Monfredo and Mandarino (-414 L Mandarin, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 (717) 585-2064 Supreme Court ID No. 312895 Attorneys for Plaintiff PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PA vs. : CIVIL ACTION -LAW : NO: 13-5383 HOLY SPIRIT HEALTH SYSTEM, Inc., : a non-profit corporation individually and . dba HOLY SPIRIT HEALTH SYSTEM, . and HOLY SPIRIT HOSPITAL OF THE : SISTERS OF CHRISTIAN CHARITY, INC: a non-profit corporation individually and : dba HOLY SPIRT HOSPITAL, and JANE DOE 1 individually and, as an Employee of Holy Spirit Health System, Inc.: and as an employee of Holy Spirit Hospital : of the Holy Spirit Hospital of the Sisters of : Christian Charity, Inc. and JANE DOE 2 as : an employee of Holy Spirit Health System, : Inc. and as an employee of Holy Spirit . Hospital of the Sisters of Christian Charity, : Inc., and as an Individual, Defendants. : JURY TRIAL DEMANDED VERIFICATION I, Penny Raccio, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PA vs. HOLY SPIRIT HEALTH SYSTEM, Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC a non-profit corporation individually and dba HOLY SPIRT HOSPITAL, and JANE DOE l individually and, as an Employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Holy Spirit Hospital of the Sisters of Christian Charity, Inc. and JANE DOE 2 as an employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc., and as an Individual, Defendants. : CIVIL ACTION -LAW : NO: 13-5383 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Lee Mandarino, Esquire the undersigned, hereby certify that on June 2, 2014 a true and correct copy of the Complaint was served on the following by first class mail: Holy Spirit Health System, Inc 503 North 21st Street Camp Hill, PA 17011 Holy Spirit Hospital of the Sisters of Christian Charity, Inc. 503 North 21st Street Camp Hill, PA 17011 / 4 NEW' r Lee Mandmo, squire Monfredo and Mandarino 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 1815648.doc DICKIE, MCCAMEY & CHILCOTE, P.C. 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 717-731-4800 (Tele) 888-811-7144 (Fax) ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM, INC., A NON-PROFIT CORPORATION INDIVIDUALLY AND D/B/A HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC., A NON-PROFIT CORPORATION INDIVIDUALLY AND D/B/A HOLY SPIRIT HOSPITAL PENNY A. RACCIO, Plaintiff v. HOLY SPIRIT HEALTH SYSTEM, INC., a non-profit corporation individually and d/b/a HOLY SPIRIT HEALTH SYSTEM and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC., a non- profit corporation individually and d/b/a HOLY SPIRIT HOSPITAL and JANE DOE 1, individually and as an Employee of Holy Spirit Health System, Inc. and as an Employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc. and JANE DOE 2, individually and as an Employee of Holy Spirit Health System, Inc. and as an Employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc. , and as an individual, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-5383 CIVIL ACTION - MEDICAL JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Thomas M. Esquire, as counsel for Defendants, HOLY SPIRIT corporation individually and d/b/a HOLY SPIRIT HEALTH SYSTEM and HOLY SPIRIT Chairs, Esquire and Aaron S. Jayman, HEALTH SYSTEM, INC., a non-profit HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC., a non-profit corporation individually and d/b/a HOLY SPIRIT HOSPITAL in the above -captioned matter. Respectfully submitted, Date: June 9, 2014 DICKIE, MCCAMEY & CHILCOTE, P.C. g �r Thomas M. Chairs, Esquire Supreme 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 Defendants, HOLY SPIRIT HEALTH SYSTEM, INC., a non-profit corporation individually and d/b/a HOLY SPIRIT HEALTH SYSTEM and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC., a non- profit corporation individually and d/b/a HOLY SPIRIT HOSPITAL 2 CERTIFICATE OF SERVICE AND NOW, June 9, 2014, 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: Vincent M. Monfredo, Esquire ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 (Counsel for Plaintiff) l � Thomas M. Chairs, Esquire PENNY A. RACCIO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 13-5383 v. CIVIL ACTION - MEDICAL HOLY SPIRIT HEALTH SYSTEM, INC., a non-profit corporation individually and d/b/a HOLY SPIRIT HEALTH SYSTEM and HOLY SPIRIT HOSPITAL OF THE SISTERS JURY TRIAL DEMANDED c. OF CHRISTIAN CHARITY, INC., a non- c-' . : profit corporation individually and -o m: d/b/a HOLY SPIRIT HOSPITAL and JANE-, "r-, DOE 1, individually and as an Employee Nom- a';� of Holy Spirit Health System, Inc. and as i an Employee of Holy Spirit Hospital of y. t--,, x r; the Sisters of Christian Charity, Inc. and =c)) 4`� JANE DOE 2, individually and as an v Employee of Holy Spirit Health System, - Inc. and as an Employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc. , Defendant. NOTICE TO PLEAD TO: PENNY A. RACCIO c/o Vincent M. Monfredo, Esquire Lee Manderino, Esquire Monfredo and Mandarino 3300 Trindle Road, 2nd Floor Camp Hill, PA 17011 (Counsel for Plaintiff) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: August 15, 2014 By: Thoma airs, Esquire Attorney I.D. No. 78565 Aaron S. Jayman, Esquire Attorney I.D. No. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 2213347.doc DICKIE, MCCAMEY & CHILCOTE, P.C. 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 717-731-4800 (Tele) 888-811-7144 (Fax) ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM, INC., A NON- PROFIT CORPORATION INDIVIDUALLY AND D/B/A HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC., A NON-PROFIT CORPORATION INDIVIDUALLY AND D/B/A HOLY SPIRIT HOSPITAL PENNY A. RACCIO, Plaintiff, v. HOLY SPIRIT HEALTH SYSTEM, INC., a non-profit corporation individually and d/b/a HOLY SPIRIT HEALTH SYSTEM and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC., a non- profit corporation individually and d/b/a HOLY SPIRIT HOSPITAL and JANE DOE 1, individually and as an Employee of Holy Spirit Health System, Inc. and as an Employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc. and JANE DOE 2, individually and as an Employee of Holy Spirit Health System, Inc. and as an Employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc. , Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-5383 CIVIL ACTION - MEDICAL JURY TRIAL DEMANDED DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, come Defendants, HOLY SPIRIT HEALTH SYSTEM, INC., a non-profit corporation individually and d/b/a HOLY SPIRIT HEALTH SYSTEM and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC., a non-profit corporation individually and d/b/a HOLY SPIRIT HOSPITAL by and through their counsel, Dickie, McCamey & Chilcote, P.C. and files the within Preliminary Objections to Plaintiffs Complaint as follows: 1. Plaintiff instituted this action with the filing of a Writ of Summons on or about September 12, 2013. 2. Plaintiff filed a Complaint on or about June 2, 2014. A copy of Plaintiff's Complaint is attached hereto at Exhibit "A." 3. Defendants, Holy Spirit Health System, Inc., a non-profit corporation individually and d/b/a Holy Spirit Health System and Holy Spirit Hospital of the Sisters of Christian Charity, Inc., a non-profit corporation individually and d/b/a Holy Spirit Hospital were served with the Writ of Summons on or about September 18, 2013 and the Complaint on or about June 4, 2014. 4. To date, Defendants, Jane Doe #1 and Jane Doe #2 have not been served with the Writ of Summons and Complaint. 5. In the Complaint, it is alleged that Jane Doe #2, a nurse at Holy Spirit Hospital, backed out of a doorway and bumped into Plaintiff and knocked her to the ground injuring Plaintiff's wrists and spine. (Complaint, ¶¶10-12). I. Motion to Strike all References and Allegations throughout the Complaint referring to "Jane Doe #1" and "Jane Doe #2." 6. In the caption of the Complaint, as well as in the body of the Complaint, Plaintiff refers to "Jane Doe #1" and "Jane Doe #2" as defendants. 7. Pa.R.C.P. 1018 requires that "the caption of a complaint shall set forth the form of the action and the names of all parties." 8. Plaintiffs Complaint failed to conform to the requirements of Rule 1018 in that it does not properly identify the names of these defendants. 2 9. The naming of "Jane Does" as defendants is not permitted under Pennsylvania law. See, Fischer v. Kassab, 25 Pa. Cmwlth. 593, 360 A.2d 809 (1976); Doe v. John Manville Corp., 15 D.&C. 3d 135 (1980); Casner v. Fischer, 22 D.&C. 2d 1 (1960). 10. Moreover, Pa.R.C.P. 1019 mandates that a plaintiff set forth material facts on which a cause of action is based. 11. The identity of the individuals whom the Plaintiff accuses of having caused material harm is a material fact. 12. In this matter, Plaintiff has failed to comply with this fundamental rule of law. WHEREFORE, Defendants, Holy Spirit Health System, Inc., a non-profit corporation individually and d/b/a Holy Spirit Health System and Holy Spirit Hospital of the Sisters of Christian Charity, Inc., a non-profit corporation individually and d/b/a Holy Spirit Hospital respectfully request that this Honorable Court strike all references and allegations throughout the Complaint referring to "Jane Doe #1" and "Jane Doe #2" with prejudice. II. Motion to Strike All Allegations of "Recklessness" and any Implied Claim for Punitive Damages. 13. In the Complaint, at paragraph 16, Plaintiff alleges that the injuries to Plaintiff are the "direct and proximate result of the negligence, carelessness and/or recklessness" of the Jane Doe Defendants. See, Exhibit "A." 14. The Plaintiff has not specifically requested punitive damages but the inclusion of allegations of recklessness implies that such a claim may be asserted by Plaintiff. 15. To assert a claim for punitive damages, Plaintiff must allege facts demonstrating that the defendant's conduct was outrageous because of the defendant's evil 3 motive or his or her reckless indifference to the rights of others. McDaniel v. Merck. Sharpe and Dohme, 367 Pa.Super. 600, 533 A.2d 436, 447 (1987). 16. As pled, Plaintiffs Complaint is devoid of any material facts which support the allegation that the Defendants' conduct was reckless or outrageous or that the Defendants had an evil motive. 17. All Plaintiff has pled is that an unnamed nurse allegedly bumped into Plaintiff causing her to fall. 18. In Pennsylvania, punitive damages are not awarded for mere inadvertence, mistake, errors of judgment, and the like, which constitute ordinary negligence. 19. Accordingly, the allegation of recklessness at paragraph 16, and any implied claim for punitive damages, must be stricken from the Complaint. WHEREFORE, Defendants, Holy Spirit Health System, Inc., a non-profit corporation individually and d/b/a Holy Spirit Health System and Holy Spirit Hospital of the Sisters of Christian Charity, Inc., a non-profit corporation individually and d/b/a Holy Spirit Hospital respectfully request that this Honorable Court strike all allegations of recklessness and any implied claim for punitive damages from the Complaint with prejudice. III. Preliminary Objection To Plaintiffs Complaint For Failure To Comply with Factual Specificity Requirement of Pa.R.C.P. 1019(a) as Interpreted by Connor v. Alleghany General Hospital. 461 A.2d 600 (Pa. 1983). 20. The following subparagraph of Plaintiff's Complaint is objectionable in that it contains nothing more than boilerplate and catchall allegations of negligence that are not specific to this cause of action and could be pled against any Defendant in any action. Specifically, under Count I Plaintiff alleges: 16(e) Otherwise failing to exercise the degree of care and diligence required under the circumstances. 4 21. The Supreme Court of Pennsylvania in the case of Connor v. Alleghany General Hospital, attaches great significance to the use of nebulous boilerplate language in the provisions of pleadings. The Connor decision places the onus on the Defendant to preliminarily object to such catchall language in order to prevent a Plaintiff from introducing new theories of negligence and new causes of action beyond the statute of limitations. Connor. 461 A.2d 603, n.3. 22. Plaintiff uses such broad and generic terminology within the above cited paragraph from which any number of interpretations could be derived and which would allow Plaintiff to amend the Complaint to add allegations of negligence well after the statute of limitations has run. 23. Defendants should not be required to anticipate every potential theory which Plaintiff might subsequently contend is within the scope of these general paragraphs of the Complaint. WHEREFORE, Defendants, Holy Spirit Health System, Inc., a non-profit corporation individually and d/b/a Holy Spirit Health System and Holy Spirit Hospital of the Sisters of Christian Charity, Inc., a non-profit corporation individually and d/b/a Holy Spirit Hospital respectfully request that this Honorable Court strike subparagraph 16(e) with prejudice. 5 Date: August 15. 2014 Respectfully Submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. 13y: Thom. s ` ' a f s, Esquire Attorne t' o. 78565 Aaron S. Jayman, Esquire Attorney I.D. No. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 ATTORNEY FOR: DEFENDANTS, HOLY SPIRIT HEALTH SYSTEM, INC., A NON- PROFIT CORPORATION INDIVIDUALLY AND D/B/A HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC., A NON-PROFIT CORPORATION INDIVIDUALLY AND D/B/A HOLY SPIRIT HOSPITAL 6 EXHIBIT A PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PA vs. HOLY SPIRIT HEALTH SYSTEM, Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC: a non-profit corporation individually and dba HOLY SPIRT HOSPITAL, and JANE DOE 1 individually and, as an Employee of Holy Spirit Health System, Inc.: and as an employee of Holy Spirit Hospital of the Holy Spirit Hospital of the Sisters of Christian Charity, Inc. and JANE DOE 2 as an employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit : Hospital of the Sisters of Christian Charity, Inc., and as an Individual, Defendants. : CIVIL ACTION -LAW : NO: 13-5383 : 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 . 717-249-3166 PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, vs. : CUMBERLAND COUNTY, PA : CIVIL ACTION -LAW NO: 13-5383 HOLY SPIRIT HEALTH SYSTEM, Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC: a non-profit corporation individually and dba HOLY SPIRT HOSPITAL, and JANE DOE 1 individually and, as an Employee of Holy Spirit Health System, Inc.: and as an employee of Holy Spirit Hospital : of the Holy Spirit Hospital of the Sisters of : Christian Charity, Inc. and JANE DOE 2 as : an employee of Holy Spirit Health System, : Inc. and as an employee of Holy Spirit . Hospital of the Sisters of Christian Charity, : Inc., and as an Individual, Defendants. : JURY TRIAL DEMANDED COMPLAINT AND NOW comes Plaintiff, Penny A. Raccio, by and through her attorney, Lee Mandarino, Esquire, and avers in support of her Complaint as follows: PARTIES 1. Penny A. Raccio (hereinafter "Plaintiff") is an adult individual residing at 301 Walnut Lane, Carlisle., PA 17015. 2. Defendant Holy Spirit Health System, Inc., (hereinafter "Holy Spirit") is a non-profit corporation that owns and operates a group of healthcare facilities in and around Camp Hill, Pennsylvania, and their registered office address is 503 North 21st Street, Camp Hill, PA 17011. 3. Defendant Holy Spirit Hospital of the Sisters of Christian Charity, Inc., (hereinafter "Holy Spirit Hospital") is a non-profit corporation that owns and operates a hospital located in Camp Hill, Pennsylvania, and their registered office address is N. 21St Street, Camp Hill, PA 17011. 4. Defendant Jane Doe 1 was employed as a nurse by Holy Spirit and/or Holy Spirit Hospital on or about November 3, 2011, and her identity is unknown by Plaintiff at this time. 5. Defendant Jane Doe 2 was employed as a nurse by Holy Spirit and/or Holy Spirit Hospital on or about November 3, 2011, and her identity is unknown by Plaintiff at this time. FACTS 6. On or about November 3, 2011, Plaintiff sought treatment for a severe migraine headache at the emergency room at Holy Spirit Hospital. 7. Plaintiff checked in when she arrived at the emergency room and waited in the waiting area for her name to be called. 8. Plaintiff's name was called and Jane Doe 1, who Plaintiff understood to be a nurse, escorted her to a hallway where Plaintiff learned that there were no available rooms. 9. Jane Doe 1 instructed Plaintiff to wait in the hallway and she left to find a bed for Plaintiff. 10. While Plaintiff waited in the hallway as instructed by Jane Doe 1, a second nurse, Jane Doe 2, backed out of a doorway and bumped into Plaintiff with such force that Plaintiff was knocked to the ground. 11. Plaintiff immediately felt severe pain in both hands and wrists, her tailbone, and both arms. 12. Plaintiff was knocked to the ground with such force that she suffered multiple severe injuries, including but not limited to: a. Fractures of both wrists, and b. Fracture of a vertebrae in her spine. 13. Due to the injuries that Plaintiff suffered as a result of this fall, she was forced to seek extensive medical treatment to her financial detriment. 14. Plaintiff is yet to fully recover from her injuries, and only has minimal use of her right wrist. COUNT I NEGLIGENCE OF DEFENDANTS JANE DOE 1 AND JANE DOE 2 15. Previous paragraphs are incorporated herein as if fully set forth herein. 16. The occurrence of the aforementioned incident and the resultant injuries to Plaintiff are the direct and proximate result of the negligence, carelessness, and/or recklessness of Defendants, Jane Doe 1 and Jane Doe 2, generally and more specifically as set forth below: a. In failing to be reasonably vigilant in carrying out their employment duties in a safe and cautious manner, so as not to create a hazardous and dangerous environment for hospital patients; b. In allowing Plaintiff to remain unattended in a busy hospital corridor without a bed or chair to lay/sit on, knowing that she is affected by a severe migraine that may affect her physical constitution and equilibrium; c. In failing to be cautious and aware while moving through the hospital corridors, or more specifically by walking backwards without watching where she was moving, and in turn striking Plaintiff in her weakened state knocking her to the floor; d. In failing to warn Plaintiff of the potential dangers of standing in the busy, high- traffic hospital corridor; and e. Otherwise failing to exercise the degree of care and diligence required under the circumstances. 17. As a direct and proximate result of the negligence of the Defendants, Plaintiff has suffered serious and debilitating bodily injuries that continue to limit her bodily functions. 18. As a direct and proximate result of the Defendants' negligence, Plaintiff has suffered great physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 19. As a direct and proximate result of the Defendants' negligence, Plaintiff has been compelled, in order to affect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 20. As a direct and proximate result of the Defendants' negligence, Plaintiff has been and may in the future be hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 21. As a direct and proximate result of the Defendants' negligence, Plaintiff is unable to drive due to the injuries to her right wrist. 22. As a direct and proximate result of the Defendants' negligence, Plaintiff has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. 23. Plaintiff believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff seeks damages from Defendants Jane Doe 1 and Jane Doe 2 in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II VICARIOUS LIABLITIY OF HOLY SPIRIT AND HOLY SPIRIT HOSPITAL 24. Previous paragraphs are incorporated herein by reference as if fully set forth herein. 25. At all times herein, Defendants Jane Doe 1 and Jane Doe 2 were employed Holy Spirit and/or Holy Spirit Hospital. 26. At all times herein, Defendats Jane Doe 1 and Jane Doe 2 were on duty and carrying out their employment duties at Holy Spirit Hospital. 27. Defendants Jane Doe 1 and Jane Doe 2 were both acting within the scope of their employment at the time that Plaintiff was injured by their negligent acts. 28. Under Pennsylvania law, Defendants Holy Spirit and Holy Spirit Hospital are vicariously liable for the negligent actions of their employees acting within the scope of their employment. WHEREFORE, Plaintiff seeks damages from Defendants Holy Spirit and Holy Spirit Hospital in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: C/ ( / Respectfully submitted, Monfredo and Mandarino L Mandarin, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 (717) 585-2064 Supreme Court ID No. 312895 Attorneys for Plaintiff PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PA vs. : CIVIL ACTION -LAW : NO: 13-5383 HOLY SPIRIT HEALTH SYS I'EM, Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC: a non-profit corporation individually and dba HOLY SPIRT HOSPITAL, and JANE DOE 1 individually and, as an Employee of Holy Spirit Health System, Inc.: and as an employee of Holy Spirit Hospital : of the Holy Spirit Hospital of the Sisters of : Christian Charity, Inc. and JANE DOE 2 as : an employee of Holy Spirit Health System, : Inc. and as an employee of Holy Spirit . Hospital of the Sisters of Christian Charity, : Inc., and as an Individual, Defendants. : JURY TRIAL DEMANDED VERIFICATION I, Penny Raccio, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PA vs. HOLY SPIRIT HEALTH SYSTEM, Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC a non-profit corporation individually and dba HOLY SPIRT HOSPITAL, and JANE DOE 1 individually and, as an Employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Holy Spirit Hospital of the Sisters of Christian Charity, Inc. and JANE DOE 2 as an employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc., and as an Individual, Defendants. : CIVIL ACTION -LAW : NO: 13-5383 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Lee Mandarin, Esquire the undersigned, hereby certify that on June 2, 2014 a true and correct copy of the Complaint was served on the following by first class mail: Holy Spirit Health System, Inc 503 North 21St Street Camp Hill, PA 17011 Holy Spirit Hospital of the Sisters of Christian Charity, Inc. 503 North 21st Street Camp Hill, PA 17011 Date: VtA;(117 1 ►.,_1 ' f I . Lee Mand •d''no, squire Monfredo and Mandarin 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE AND NOW, August 15, 2014, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 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: Vincent M. Monfredo, Esquire Lee Manderino, Esquire Monfredo and Mandarino 3300 Trindle Road, 2nd Floor Camp Hill, PA 17011 (Counsel for Plaintiff) Esquire OP PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for t o nett Argument Court.) September 26, 2014 CAPTION OF CASE (entire caption must be stated in full) t:30 c� r".1 PENNY A. RACCIO-37� vs. �c) r • HOLY SPIRIT HEALTH SYSTEM, INC., --k No. 5383 13 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections to Plaintiff's Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Lee Manderino, Esquire / Vincent M. Monfredo, Esquire (Name and Address) MONFREDO AND MANDARINO, 3300 Trindle Road, 2nd Floor, Camp Hill, PA 17011 (b) for defendants: Thomas M. Chairs, Esquire / Aaron S. Jayman,Esquire (Name and Address) Dickie, McCamey & Chilcote, P.C., 425 North 21st Street, Suite 302, Camp Hill, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 26, 2014 Date: 8/25/2014 Sig pp /f/ttonf 3-AYM41" Print your name Defendants Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. �,k s►Q."1Spcia+i a ki ILA SZ oWi PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PA vs. HOLY SPIRIT HEALTH SYSTEM, Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC a non-profit corporation individually and dba HOLY SPIRT HOSPITAL, and JANE DOE 1 individually and, as an Employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Holy Spirit Hospital of the Sisters of Christian Charity, Inc. and JANE DOE 2 as an employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc., and as an Individual, Defendants. : CIVIL ACTION -LAW : NO: 13-5383 : JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO THE PRELIMINARY OBJECTIONS OF THE DEFENDANTS AND NOW, comes Plaintiff, Penny A. Raccio, by and through her attorney, Lee Mandarino, Esquire, and files the within Answer to the Preliminary Objections of the Defendants: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted, by way of further answer, the identity of Defendants named Jane Doe #1 and Jane Doe #2 are unknown to the Plaintiff at this time and as employees of the Hospital, the identity of said Defendants are accessible to the Defendants Holy Spirit Health Systems and Holy Spirit Hospital of the Sisters of Christian Charity. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied as stated. Defendants state a conclusion of law to which no response is required. By way of further answer, the identity of Defendants named Jane Doe #1 and Jane Doe #2 are unknown to the Plaintiff at this time and as employees of the Hospital, the identity of said Defendants are accessible to the Defendants Holy Spirit Health Systems and Holy Spirit Hospital of the Sisters of Christian Charity. 9. Denied as stated. Defendants state a conclusion of law to which no response is required. 10. Admitted. 11. Denied as stated. Defendants state a conclusion of law to which no response is required. By way of further answer, Plaintiffs Complaint identifies Jane Doe #1 and Jane Doe #2 both as nurses employed Defendants Holy spirit Health System and/or Holy Spirit Hospital. 12. Denied as stated. Defendants state a conclusion of law to which no response is required. 13. Admitted. 14. Admitted. 15. Denied as stated. Defendants state a conclusion of law to which no response is required. 16. Denied. Plaintiff's complaint outlines negligent behavior on the behalf of Defendants that could be considered reckless by the trier of fact and is hereby incorporated by reference. 17. Admitted in part and Denied in part. Admitted that Plaintiff pled that an unidentified nurse bumped into Plaintiff causing her to fall, denied that it is the only negligent behavior pled by Plaintiff. Plaintiff also pled that she was left unattended in a busy corridor while another unidentified nurse searched for a bed. 18. Denied as stated. Defendants state a conclusion of law to which no response is required. 19. Denied as stated. Defendants state a conclusion of law to which no response is required. 20. Admitted. 21. Denied as stated. Defendants state a conclusion of law to which no response is required. 22. Denied as stated. Defendants state a conclusion of law to which no response is required. 23. Denied as stated. Defendants state a conclusion of law to which no response is required. WHEREFORE, Plaintiff, Penny Raccio respectfully requests that this Honorable Court deny Defendants' Preliminary Objections and allow Plaintiff's Complaint to remain as is. Date: 7/C---/ Respectfully submitted, Monfredo and Mandarino Lee Mandarino, Esquire 3300 Trindle Road, Suite 2 Camp Hill, Pennsylvania 17011 (717) 635-8747 Supreme Court ID No. 312895 Attorneys for Plaintiff PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PA vs. HOLY SPIRIT HEALTH SYSTEM, Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC a non-profit corporation individually and dba HOLY SPIRT HOSPITAL, and JANE DOE 1 individually and, as an Employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Holy Spirit Hospital of the Sisters of Christian Charity, Inc. and JANE DOE 2 as an employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc., and as an Individual, Defendants. : CIVIL ACTION -LAW : NO: 13-5383 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Lee Mandarino, Esquire the undersigned, hereby certify that on September 5, 2014, a true and correct copy of the Plaintiff's Answer to Defendants' Preliminary Objections was served upon counsel of record by first class mail, addressed as follows: Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 N. 21St Street Camp Hill, PA 17011 Date: Respectfully submitted, Monfredo and Mandarino Lee Mandarino, Esquire 3300 Trindle Road, Suite 2 Camp Hill, Pennsylvania 17011 (717)635-8747 Supreme Court ID No. 312895 Attorneys for Plaintiff PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PA vs. HOLY SPIRIT HEALTH SYSTEM, Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC a non-profit corporation individually and dba HOLY SPIRT HOSPITAL, and JANE DOE 1 individually and, as an Employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Holy Spirit Hospital of the Sisters of Christian Charity, Inc. and JANE DOE 2 as an employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc., and as an Individual, Defendants. : CIVIL ACTION -LAW : NO: 13-5383 : JURY TRIAL DEMANDED AMENDED COMPLAINT AND NOW comes Plaintiff, Penny A. Raccio, by and through her attorney, Lee Mandarino, Esquire, and avers in support of her Amended Complaint as follows: PARTIES 1. Penny A. Raccio (hereinafter "Plaintiff') is an adult individual residing at 301 Walnut Lane, Carlisle, PA 17015. 2. Defendant Holy Spirit Health System, Inc., (hereinafter "Holy Spirit") is a non-profit corporation that owns and operates a group of healthcare facilities in and around Camp Hill, Pennsylvania, and their registered office address is 503 North 21st Street, Camp Hill, PA 17011. 3. Defendant Holy Spirit Hospital of the Sisters of Christian Charity, Inc., (hereinafter "Holy Spirit Hospital") is a non-profit corporation that owns and operates a hospital. located in Camp Hill, Pennsylvania, and their registered office address is N. 21St Street, Camp Hill, PA 17011. 4. Defendant Jane Doe 1 was employed as a nurse by Holy Spirit and/or Holy Spirit Hospital on or about November 3, 2011, and her identity is unknown by Plaintiff at this time. 5. Defendant Jane Doe 2 was employed as a nurse by Holy Spirit and/or Holy Spirit Hospital on or about November 3, 2011, and her identity is unknown by Plaintiff at this time. FACTS 6. On or about November 3, 2011, Plaintiff sought treatment for a severe migraine headache at the emergency room at Holy Spirit Hospital. 7. Plaintiff checked in when she arrived at the emergency room and waited in the waiting area for her name to be called. 8. Plaintiff's name was called and Jane Doe 1, who Plaintiff understood to be a nurse, escorted her to a hallway where Plaintiff learned that there were no available rooms. 9. Jane Doe 1 instructed Plaintiff to wait in the hallway and she left to find a bed for Plaintiff 10. While Plaintiff waited in the hallway as instructed by Jane Doe 1, a second nurse, Jane Doe 2, backed out of a doorway and bumped into Plaintiff with such force that Plaintiff was knocked to the ground. 11. Plaintiff immediately felt severe pain in both hands and wrists, her tailbone, and both arms. 12. Plaintiff was knocked to the ground with such force that she suffered multiple severe injuries, including but not limited to: a. Fractures of both wrists, and b. Fracture of a vertebrae in her spine. 13. Due to the injuries that Plaintiff suffered as a result of this fall, she was forced to seek extensive medical treatment to her financial detriment. 14. Plaintiff is yet to fully recover from her injuries, and only has minimal use of her right wrist. COUNT I NEGLIGENCE OF DEFENDANTS JANE DOE 1 AND JANE DOE 2 15. Previous paragraphs are incorporated herein as if fully set forth herein. 16. The occurrence of the aforementioned incident and the resultant injuries to Plaintiff are the direct and proximate result of the negligence of Defendants, Jane Doe 1 and Jane Doe 2, generally and more specifically as set forth below: a. In failing to be reasonably vigilant in carrying out their employment duties in a safe and cautious manner, so as not to create a hazardous and dangerous environment for hospital patients; b. In allowing Plaintiff to remain unattended in a busy hospital corridor without a bed or chair to lay/sit on, knowing that she is affected by a severe migraine that may affect her physical constitution and equilibrium; c. In failing to be cautious and aware while moving through the hospital corridors, or more specifically by walking backwards without watching where she was moving, and in turn striking Plaintiff in her weakened state knocking her to the floor; and d. In failing to warn Plaintiff of the potential dangers of standing in the busy, high- traffic hospital corridor; 17. As a direct and proximate result of the negligence of the Defendants, Plaintiff has suffered serious and debilitating bodily injuries that continue to limit her bodily functions. 18. As a direct and proximate result of the Defendants' negligence, Plaintiff has suffered great physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 19. As a direct and proximate result of the Defendants' negligence, Plaintiff has been compelled, in order to affect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 20. As a direct and proximate result of the Defendants' negligence, Plaintiff has been and may in the future be hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 21. As a direct and proximate result of the Defendants' negligence, Plaintiff is unable to 'drive due to the injuries to her right wrist. 22. As a direct and proximate result of the Defendants' negligence, Plaintiff has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. 23. Plaintiff believes and, therefore, avers that her injuries are permanent in n-',ure. WHEREFORE, Plaintiff seeks damages from Defendants Jane Doe 1 and Jane Doe 2 in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II VICARIOUS LIABLITIY OF HOLY SPIRIT AND HOLY SPIRIT HOSPITAL 24. Previous paragraphs are incorporated herein by reference as if fully set forth herein. 25. At all times herein, Defendants Jane Doe 1 and Jane Doe 2 were employed by Holy Spirit and/or Holy Spirit Hospital. 26. At all times herein, Defendats Jane Doe 1 and Jane Doe 2 were on duty and carrying out their employment duties at Holy Spirit Hospital. 27. Defendants Jane Doe 1 and Jane Doe 2 were both acting within the scope of their employment at the time that Plaintiff was injured by their negligent acts. 28. Under Pennsylvania law, Defendants Holy Spirit and Holy Spirit Hospital are vicariously liable for the negligent actions of their employees acting within the scope of their employment. WHEREFORE, Plaintiff seeks damages from Defendants Holy Spirit and Holy Spirit Hospital in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: Respectfully submitted, Monfredo and Mandarino Lee Mandarino, Esquire 3300 Trindle Road, Suite 2 Camp Hill, PA 17011 (717) 635-8747 Supreme Court ID No. 312895 Attorneys for Plaintiff PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PA VS. HOLY SPIRIT HEALTH SYSTEM, Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC a non-profit corporation individually and dba HOLY SPIRT HOSPITAL, and JANE DOE 1 individually and, as an Employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Holy Spirit Hospital of the Sisters of Christian Charity, Inc. and JANE DOE 2 as an employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc., and as an Individual, Defendants. : CIVIL ACTION -LAW : NO: 13-5383 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, Lee Mandarino, Esquire the undersigned, hereby certify that on June 2, 2014 a true and correct copy of the Complaint was served on the following by first class mail: Date: Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Lee Mandarino, Esquire Monfredo and Mandarino 3300 Trindle Road, Suite 2 Camp Hill, PA 17011 PENNY A. RACCIO, Plaintiff, v. HOLY SPIRIT HEALTH SYSTEM, INC., a non-profit corporation individually and d/b/a HOLY SPIRIT HEALTH SYSTEM and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC., a non- profit corporation individually and d/b/a HOLY SPIRIT HOSPITAL and JANE DOE 1, individually and as an Employee of Holy Spirit Health System, Inc. and as an Employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc. and JANE DOE 2, individually and as an Employee of Holy Spirit Health System, Inc. and as an Employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc. , Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-5383 CIVIL ACTION - MEDICAL JURY TRIAL DEMANDED NOTICE TO PLEAD TO: PENNY A. RACCIO c/o Vincent M. Monfredo, Esquire Lee Manderino, Esquire Monfredo and Mandarino 3300 Trindle Road, 2nd Floor Camp Hill, PA 17011 (Counsel for Plaintiff) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 26, 2014 By: Thomas r! e°hairs, Esquire Attorney I.D. No. 78565 Aaron S. Jayman, Esquire Attorney I.D. No. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 2271615.doc DICKIE, MCCAMEY & CHILCOTE, P.C. 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 717-731-4800 (Tele) 888-811-7144 (Fax) ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM, INC., A NON- PROFIT CORPORATION INDIVIDUALLY AND D/B/A HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC., A NON-PROFIT CORPORATION INDIVIDUALLY AND D/B/A HOLY SPIRIT HOSPITAL PENNY A. RACCIO, Plaintiff, v. HOLY SPIRIT HEALTH SYSTEM, INC., a non-profit corporation individually and d/b/a HOLY SPIRIT HEALTH SYSTEM and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC., a non- profit corporation individually and d/b/a HOLY SPIRIT HOSPITAL and JANE DOE 1, individually and as an Employee of Holy Spirit Health System, Inc. and as an Employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc. and JANE DOE 2, individually and as an Employee of Holy Spirit Health System, Inc. and as an Employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc. , Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-5383 CIVIL ACTION - MEDICAL JURY TRIAL DEMANDED DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, come Defendants, HOLY SPIRIT HEALTH SYSTEM, INC., a non-profit corporation individually and d/b/a HOLY SPIRIT HEALTH SYSTEM and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC., a non-profit corporation individually and d/b/a HOLY SPIRIT HOSPITAL by and through their counsel, Dickie, McCamey & Chilcote, P.C. and files the within Preliminary Objections to Plaintiff's Amended Complaint as follows: 1. Plaintiff instituted this action with the filing of a Writ of Summons on or about September 12, 2013. Defendants, Holy Spirit Health System, Inc., a non-profit corporation individually and d/b/a Holy Spirit Health System and Holy Spirit Hospital of the Sisters of Christian Charity, Inc., a non-profit corporation individually and d/b/a Holy Spirit Hospital were served with the Writ of Summons on or about September 18, 2013. 2. A Complaint was filed on or about June 2, 2014. 3. Defendants filed Preliminary Objections to Plaintiffs Complaint on August 15, 2014. 4. On or about August 25, 2014, Defendants filed a Brief in support of the Preliminary Objections. The Preliminary Objections were then listed for the argument court session of September 26, 2014. 5. Plaintiff filed an Amended Complaint on or about September 19, 2014. A copy of Plaintiff's Amended Complaint is attached hereto at Exhibit "A." 6. Plaintiffs Amended Complaint still improperly includes Jane Doe #1 and Jane Doe #2 as Defendants. Plaintiffs Amended Complaint did remove all allegations of recklessness and any implied claim for punitive damages as well as the subparagraph 16(e). 7. To date, Defendants, Jane Doe #1 and Jane Doe #2 have not been served with the Writ of Summons and Amended Complaint. 8. In the Amended Complaint, it is alleged that Jane Doe #2, a nurse at Holy Spirit Hospital, backed out of a doorway and bumped into Plaintiff and knocked her to the ground injuring Plaintiffs wrists and spine. (Amended Complaint, ¶¶10-12). 2 I. Motion to Strike all References and Allegations throughout the Amended Complaint referring to "Jane Doe #1" and "Jane Doe #2." 9. In the caption of the Amended Complaint, as well as in the body of the Amended Complaint, Plaintiff refers to "Jane Doe #1" and "Jane Doe #2" as defendants. 10. Pa.R.C.P. 1018 requires that "the caption of a Complaint shall set forth the form of the action and the names of all parties." 11. Plaintiff's Amended Complaint failed to conform to the requirements of Rule 1018 in that it does not properly identify the names of these defendants. 12. The naming of "Jane Does" as defendants is not permitted under Pennsylvania law. See, Fischer v. Kassab, 25 Pa. Cmwlth. 593, 360 A.2d 809 (1976); Doe v. John Manville Corp., 15 D.&C. 3d 135 (1980); Casner v. Fischer, 22 D.&C. 2d 1 (1960). 13. Moreover, Pa.R.C.P. 1019 mandates that a plaintiff set forth material facts on which a cause of action is based. 14. The identity of the individuals whom the Plaintiff accuses of having caused material harm is a material fact. 15. In this matter, Plaintiff has failed to comply with this fundamental rule of law. WHEREFORE, Defendants, Holy Spirit Health System, Inc., a non-profit corporation individually and d/b/a Holy Spirit Health System and Holy Spirit Hospital of the Sisters of Christian Charity, Inc., a non-profit corporation individually and d/b/a Holy Spirit Hospital respectfully request that this Honorable Court strike all references and allegations throughout the Amended Complaint referring to "Jane Doe #1" and "Jane Doe #2" with prejudice. 3 Date: September 26, 2014 Respectfully Submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. p By: Thomas , Esquire Attorney P. No. 78565 Aaron S. Jayman, Esquire Attorney I.D. No. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 ATTORNEY FOR: DEFENDANTS, HOLY SPIRIT HEALTH SYSTEM, INC., A NON- PROFIT CORPORATION INDIVIDUALLY AND D/B/A HOLY SPIRIT HEALTH SYSTEM AND HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC., A NON-PROFIT CORPORATION INDIVIDUALLY AND D/B/A HOLY SPIRIT HOSPITAL 4 EXHIBIT A PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PA VS. HOLY SPIRIT HEALTH SYSTEM, Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC a non-profit corporation individually and dba HOLY SPIRT HOSPITAL, and JANE DOE I individually and, as an Employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Holy Spirit Hospital of the Sisters of Christian Charity, Inc. and JANE DOE 2 as an employee of.Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc., and as an Individual, Defendants. : CIVIL ACTION -LAW :NO: 13-5383 : JURY TRIAL DEMANDED -C"" Cr) rn -0 -72 H -4 (--; N.) CD AMENDED COMPLAINT AND NOW comes Plaintiff, Penny A. Raccio, by and through her attorney, Lee Mandarino, Esquire, and avers in support of her Amended Complaint as follows: PARTIES Penny A. Raccio (hereinafter "Plaintiff') is an adult individual residing at 301 Walnut Lane, Carlisle, PA 17015. 2. Defendant Holy Spirit Health System, Inc., (hereinafter "Holy Spirit") is a non-profit corporation that owns and operates a group of healthcare facilities in and around Camp Hill, Pennsylvania, and their registered office address is 503 North 20 Street, Camp Hill, PA 17011. Defendant Holy Spirit Hospital of the Sisters of Christian Charity, Inc., (hereinafter • "Holy Spirit Hospital") is a non-profit corporation that owns and operates a hospital TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Courtlt Carlisle, Pa. This day of20 7/ notary located in Camp Hill, Pennsylvania, and their registered office address is N. 21g Street, Camp Hill, PA 17011. 4. Defendant Jane Doe 1 was employed as a nurse by Holy Spirit and/or Holy Spirit Hospital on or about November 3, 2011, and her identity is unknown by Plaintiff at this time. 5. Defendant Jane Doe 2 was employed as a nurse by Holy Spirit and/or Holy Spirit Hospital on or about November 3, 2011, and her identity is unknown by Plaintiff at this time. FACTS 6. On or about November 3, 2011, Plaintiff sought treatment for a severe migraine headache at the emergency room at Holy Spirit Hospital. 7. Plaintiff checked in when she arrived at the emergency room and waited in the waiting area for her name to be called. 8. Plaintiff's name was called and Jane Doe 1, who Plaintiff understood to be a nurse, escorted her to a hallway where Plaintiff learned that there were no available rooms. 9. Jane Doe 1 instructed Plaintiff to wait in the hallway and she left to find a bed for Plaintiff. 10. While Plaintiff waited in the hallway as instructed by Jane Doe 1, a second nurse, Jane Doe 2, backed out of a doorway and bumped into Plaintiff with such force that Plaintiff was knocked to the ground. 11. Plaintiff immediately felt severe pain in both hands and wrists, her tailbone, and both arms. 12. Plaintiff was knocked to the ground with such force that she suffered multiple severe injuries, including but not limited to: a. Fractures of both wrists, and b. Fracture of a vertebrae in her spine. 13. Due to the injuries'that Plaintiff suffered as a result of this fall, she was forced to seek extensive medical treatment to her financial detriment. 14. Plaintiff is yet to fully recover from her injuries, and only has minimal use of her right wrist. COUNT I NEGLIGENCE OF DEFENDANTS JANE DOE I AND JANE DOE 2 15. Previous paragraphs are incorporated herein as if fully set forth herein. 16. The occurrence of the aforementioned incident and the resultant injuries to Plaintiff are the direct and proximate result of the negligence of Defendants, Jane Doe 1 and Jane Doe 2, generally and more specifically as set forth below: a. In failing to be reasonably vigilant in carrying out their employment duties in a safe and cautious manner, so as not to create a hazardous and dangerous environment for hospital patients; b. In allowing Plaintiff to remain unattended in a busy hospital corridor without a bed or chair to lay/sit on, knowing that she is affected by a severe migraine that may affect her physical constitution and equilibrium; c. In failing to be cautious and aware while moving through the hospital corridors, or more specifically by walking backwards without watching where she was moving, and in turn striking Plaintiff in her weakened state knocking her to the floor; and d. In failing to warn Plaintiff of the potential dangers of standing in the busy, high- traffic hospital corridor; 17. As a direct and proximate result of the negligence of the Defendants, Plaintiff has suffered serious and debilitating bodily injuries that continue to limit her bodily functions. 18. As a direct and proximate result of the Defendants' negligence, Plaintiff has suffered great physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 19. As a direct and proximate result of the Defendants' negligence, Plaintiff has been compelled, in order to affect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 20. As a direct and proximate result of the Defendants' negligence, Plaintiff has been and may in the future be hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 21. As a direct and proximate result of the Defendants' negligence, Plaintiff is unable to 'drive due to the injuries to her right wrist. 22. As a direct and proximate result of the Defendants' negligence, Plaintiff has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. 23. Plaintiff believes and, therefore, avers that her injuries are permanent in miture. WHEREFORE, Plaintiff seeks damages from Defendants Jane Doe 1 and Jane Doe 2 in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II VICARIOUS LIABLITIY OF HOLY SPIRIT AND HOLY SPIRIT HOSPITAL 24. Previous paragraphs are incorporated herein by reference as if fully set forth herein. 25. At all times herein, Defendants Jane Doe 1 and Jane Doe 2 were employed by Holy Spirit and/or Holy Spirit Hospital. 26. At all times herein, Defendats Jane Doe 1 and Jane Doe 2 were on duty and carrying out their employment duties at Holy Spirit Hospital. 27. Defendants Jane Doe 1 and Jane Doe 2 were both acting within the scope of their employment at the time that Plaintiff was injured by their negligent acts. 28. Under Pennsylvania law, Defendants Holy Spirit and Holy Spirit Hospital are vicariously liable for the negligent actions of their employees acting within the scope of their employment. WHEREFORE, Plaintiff seeks damages from Defendants Holy Spirit and Holy Spirit Hospital in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: Respectfully submitted, Monfredo and Mandarino Lee Mandarino, Esquire 3300 Trindle Road, Suite 2 Camp Hill, PA 17011 (717) 635-8747 Supreme Court ID No. 312895. Attorneys for Plaintiff PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PA vs. HOLY SPIRIT HEALTH SYSTEM, Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC a non-profit corporation individually and dba HOLY SPIRT HOSPITAL, and JANE DOE 1 individually and, as an Employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Holy Spirit Hospital of the Sisters of Christian Charity, Inc. and JANE DOE 2 as an employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc., and as an Individual, Defendants. : CIVIL ACTION -LAW : NO: 13-5383 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Lee Mandarino, Esquire the undersigned, hereby certify that on June 2, 2014 a true and correct copy of the Complaint was served on the following by first class mail: Date: Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Lee Mandarino, Esquire Monfredo and Mandarino 3300 Trindle Road, Suite 2 Canip Hill, PA 17011 CERTIFICATE OF SERVICE AND NOW, September 26, 2014, I, Aaron S. jayman, Esquire, hereby certify that I. did serve a true and correct copy of the foregoing DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT 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: Vincent M. Monfredo, Esquire Lee Manderino, Esquire Monfredo and Mandarino 3300 Trindle Road, 2nd Floor Camp Hill, PA 17011 (Counsel for Plaintiff) Aaron n, Esquire / A - PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Penny Raccio vs. Holy Spirit Hospital, et. al. () (/) rn F (List the within matter forTiiex -0rn tsr Q o C d 3z' p - i 7 C) a : ar•t No. 5383 13 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections to Plaintiffs Amended Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Lee Mandarino, Esquire, Monfredo and Mandarino (Name and Address) 3300 Trindle Road, Suite 2, Camp Hill, PA 17011 (b) for defendants: Aaron S. Jayman, Esquire, Dickie, McCamey & Chilcote, P.C. (Name and Address) 425 North 21st Street, Suite 302, Camp Hill, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: November 14, 2014 Date: 9/26/2014 Print your name Defendants Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. ci •isa V2_4 �oua r PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY,PA VS. : CIVIL ACTION-LAW NO: 13-5383 HOLY SPIRIT HEALTH SYSTEM,Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC a non-profit corporation individually and c dba HOLY SPIRT HOSPITAL, and JANE DOE 1 individually and, as an r*itrn C-)Employee of Holy Spirit Health System, Inc. -4 - and as an employee of Holy Spirit Hospital Z M C C= of the Holy Spirit Hospital of the Sisters of D© „0ic- Christian Charity,Inc. and JANE DOE 2 as an employee of Holy Spirit Health System, D c w QD Inc. and as an employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc.,and as an Individual, Defendants. : JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO PRELIMINARY OBJECTIONS OF PLAINTIFF'S AMENDED COMPLAINT BY DEFENDANT AND NOW, comes Plaintiff, Penny A. Raccio,by and through her attorney, Lee Mandarino, Esquire, and files the within Answer to the Preliminary Objections of the Defendants: 1. Admitted. 2. Admitted. 3. Admitted 4. Admitted 5. Admitted 6. Admitted in part, and Denied in part. Admitted that the Amended Complaint removed all allegations of recklessness and implied claims for punitive damages. Denied that the Amended f Complaint"improperly" includes Jane Doe#1 and Jane Doe#2 as Defendants. Defendants state a conclusion of law to which no response is required. By way of further answer,the identity of Defendants named Jane Doe#1 and Jane Doe#2 are unknown to the Plaintiff at this time and as employees of the Hospital, the identity of said Defendants are accessible to the Defendants Holy Spirit Health Systems and Holy Spirit Hospital of the Sisters of Christian Charity. 7. Admitted. By way of further answer, the names of both Defendants named as Jane Doe are not know at this time by Plaintiff,but could be easily ascertained by Holy Spirit as they were employees of Holy Spirit at the time of the incident in question. Plaintiff properly identified both parties in the Complaint as employees of Holy Spirit. 8. Admitted. 9. Admitted. 10. Admitted. 11. Denied. Defendants state a conclusion of law to which no response is required. 12. Denied. Defendants state a conclusion of law to which no response is required. 13. Admitted. 14. Admitted. By way of further answer, the names of both Defendants named as Jane Doe are not know at this time by Plaintiff,but could be easily ascertained by Holy Spirit as they were employees of Holy Spirit at the time of the incident in question. Plaintiff properly identified both parties in the Complaint as employees of Holy Spirit. 15. Denied. Defendants state a conclusion of law to which no response is required. WHEREFORE, Plaintiff, Penny Raccio,by and through her counsel Lee Mandarino, Esquire,respectfully requests that this Honorable Court deny the preliminary objections of the Defendants. Date: Respectfully submitted, Monfredo and Mandarino 7& ?z(a4'45� Lee Mandarino, Esquire 3300 Trindle Road, Suite 2 Camp Hill,Pennsylvania 17011 (717) 635-8747 Supreme Court ID No. 312895 Attorneys for Plaintiff PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY,PA VS. : CIVIL ACTION-LAW : NO: 13-5383 HOLY SPIRIT HEALTH SYSTEM,Inc., a non-profit corporation individually and dba HOLY SPIRIT HEALTH SYSTEM, and HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, INC a non-profit corporation individually and dba HOLY SPIRT HOSPITAL, and JANE DOE 1 individually and,as an Employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Holy Spirit Hospital of the Sisters of Christian Charity, Inc. and JANE DOE 2 as an employee of Holy Spirit Health System, Inc. and as an employee of Holy Spirit Hospital of the Sisters of Christian Charity, Inc.,and as an Individual, Defendants. : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1,Lee Mandarino,Esquire the undersigned,hereby certify that on October 16,2014, a true and correct copy of the Plaintiff's Answer to Defendants' Preliminary Objections to Plaintiffs Amended Complaint was served upon counsel of record by first class mail,addressed as follows: Aaron S. Jayman, Esquire Dickie, McCamey& Chilcote, P.C. Plaza 21, Suite 302 425 N. 21St Street Camp Hill, PA 17011 Date: U Respectfully submitted, Monfredo and Ajapdarino Lee Mandarino, Esquire 3300 Trindle Road, Suite 2 Camp Hill,Pennsylvania 17011 (717)635-8747 Supreme Court ID No. 312895 Attorneys for Plaint PENNY A. RACCIO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW NO. 13-5383 CIVIL HOLY SPIRIT HEALTH SYSTEM, INC., a non-profit corporation individually and d/b/a : HOLY SPIRIT HEALTH SYSTEM : and HOLY SPIRIT HOSPITAL OF : THE SISTERS OF CHRISTIAN : CHARITY, INC., a non-profit corporation individually and • d/b/a HOLY SPIRIT HOSPITAL, : and JANE DOE 1, individually and : as an Employee of Holy Spirit Health System, Inc. and as an • Employee of Holy Spirit Hospital of : the Sisters of Christian Charity, Inc., : and JANE DOE 2, individually and : as an Employee of Holy Spirit Health System, Inc. and as an • Employee of Holy Spirit Hospital of : the Sisters of Christian Charity, Inc., : Defendants : JURY TRIAL DEMANDED IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S AMENDED COMPLAINT BEFORE HESS, P.J., MASLAND AND PECK, J.J. ORDER AND NOW, this / V day of November, 2014, following argument thereon, the Preliminary Objections to Plaintiffs Amended Complaint, filed on behalf of Holy Spirit Health System, Inc. and Holy Spirit Hospital of the Sisters of Christian Charity, Inc., are OVERRULED. BY THE COURT, Mandarino, Esquire 3300 Trindle Road, Suite 2 Camp Hill, PA 17011 For the Plaintiff ./Alron S. Jayman, Esquire Plaza 21, Suite 302 425 North 21g Street Camp Hill, PA 17011 For the Defendants :rlm isEe faz*IsA.