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Home My WebLink About05-0370 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Margaret Nobles, Plaintiff v. No. nr- 370 {!t~~L~~ CIVIL ACTION Susan Rosso, D.P.M., AND Zlotoff, Gilfert & Gold, a professional corporation, Defendants 3(0 OD In ncJ It KJ_ ~ f{, J I 14- /701/ JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons in the above captioned case to d ndant Susan R~,'~,S D.P,M. ~ Dated: January 20, 2005 R ee Knicos Attorney for Plaintiff Supreme Court ID# 89529 Knicos Law Office, LLC 30 I S. Hanover Street, Ste.l Carlisle, PA 17013 Tel: 717.249.6808 Fax:717.249.5970 .(q. ,\l~ - C> - () =-0 ~ )J \J...... ~ 6" I- t 1- ~~ eft <~ );.,:,,"',;;,,0 o ,<,,-'t) :::,,; .:~:.~:~ ~--i-;;; _ ;;~l .' CJ :< (5', Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS MARGARET NOBLES, Plaintiff Court of Common Pleas Vs. No. 05-370 CIVIL TERM In CivilAction-Law SUSAN ROSSO, D.P.M. AND ZLOTOFF, GILFERT & GOLD A PROFESSIONAL CORPORATION 3600 TRINDLE ROAD CAMP HILL, P A 17011 Defendant To SUSAN ROSSO, D.P.M. AND ZLOTOFF, GILFERT & GOLD, A PROFESSIONAL CORPORATION You are hereby notified that MARGARET NOBLES, the Plaintiff has I 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) CURTIS R. LONG Prothonotary Date JANUARY 20, 2005 By Attorney: Name: RENEE KNICOS, ESQUIRE Address: KNICOS LAW OFFICE, LLC 301 S. HANOVER STREET, STE. 1 CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: 717-249-6808 Supreme Court ID No. 89529 . Marc T, Levin, Esquire FARRELL & RICCI, PC 4423 North Front Street Harrisburg, PA 17110 717 -230-9201 MARGARET NOBLES, Plaintiff vs. SUSAN ROSSO, D.P,M. and ZLOTOFF, GILFERT & GOLD, A Professional Corporation, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-;;:70 CIVIL ACTION - LAW JURY TR.IAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of the Defendants in the above-captioned action. Date: ;. 1.2.(0.5 Respectfully submitt /1{jS', ~ ;' l " By: i/ ~' Marc T. Levin, Esquire Attorney LD, No. 70294 Counsel for Defendants , CERTIFICATE OF SERVICE AND NOW, this ~LJ day ~k1r ' 2005, I hereby certify that I served a true and correct copy of the foregoing document upon all counsel of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Renee Knicos, Esquire KNIcos LAw OFFICI" LLC 301 South Hanover Street - Suite 1 Carlisle, P A 17013 "M;;5i( ~' T-.,;) ;) ~:}?, ::-;) ,j'\ --n r'\ C',:) I 0) -n -~., (.;"'? \".) o Marc T, Levin, Esquire FARRELL & RICCI, PC 4423 North Front Street Harrisburg, PA 17110 717-230-9201 MARGARET NOBLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAJ'-'D COUNTY, PENNSYLVANIA vs, NO. 05-370 SUSAN ROSSO, D,P.M, and ZLOTOFF, GILFERT & GOLD, A Professional Corporation, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule upon Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros, Date: z../'l-( 05 Respectfully submitted, FARRELL & RICCI, P.C. / ~~~ 1t1~J" - ' Marc T. Levin, Esquire Attorney I.D, No. 70294 Counsel for Defendants RULE TO FILE A COMPLAINT TO: Renee Knicos, Esquire KNrcos LAw OFFICE, LLC 301 South Hanover Street - Suite 1 Carlisle, PA 17013 Counsel for Plaintiff You are hereby ruled to file a Complaint within twenty (20) days of receipt of this Rule or suffer ajudgment of non pros. ~ Dated: ):-€..~ .3 ~ D~ G A/J -t.~~ _ ____ , ~ Prothonotar CERTIFICATE OF SERVICE AND NOW, this 0;>>>0 day of~7' 2005, I hereby certify that I served a true and correct copy of the foregoing document upon all counsel of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Renee Knicos, Esquire KNIcos LAw OFFICE, LLC 301 South Hanover Street - Suite 1 Carlisle, PA 17013 FARRELL & RICCI, P,C. --r &-4' ~..:) (::,~,) c,=,) (,f' (~) ~"n ..,., rn c,;.) I (...) c,) i" -,,-, - Marc T. Levin, Esquire FARRELL & RICCI, PC 4423 North Front Street Harrisburg, PA 17110 717-230-9201 MARGARET NOBLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 05-370 SUSAN ROSSO, D.P,M. and ZLOTOFF, GILFERT & GOLD, A Professional Corporation, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION TO ALLOW THE APPEARANCE OF LARRY M. WARANCH. ESQUIRE PRO HAC VICE AND NOW comes Defendants Susan Rosso, D.P.M, and Zlotoff, Gilfer & Gold, a professional corporation, by and through their attorney, Marc T. Levin, Esquire, of Farrell & Ricci, P.C., and respectfully petition this Court to allow the appearance of Larry M. Waranch, Esquire, pro hac vice and in support thereof, aver as follows: L Larry M. Waranch, Esquire, is a duly licensed attorney in the state of Maryland since 1978 and in Washington, DC, since 1985, 2. Mr, Waranch is a member of the law firm of Waranch & Brown, LLC, is in good standing with each of the Courts above, has never been disciplined, and does not have any disciplinary actions pending against him. 3, Mr, Waranch has been retained by Defendants to defend them against the claims of Plaintiff in the above-captioned action. 4, Marc T. Levin, Esquire, is a shareholder in the law firm of Farrell & Ricci, P.C., and is licensed to practice law in the Commonwealth of Pennsylvania, License No. 70294, has never been disciplined by the Commonwealth of Pennsylvania and does not have any pending disciplinary actions against him, 5. Mr. Levin will act as local counsel and adviser to the lawyers of Waranch & Brown, LLC, and counsel them on the Rule of Court for the Court of Common Pleas for Cumberland County, Pennsylvania, the Pennsylvania Rules of Civil Procedure and the corresponding case law, 6, The undersigned hereby certifies that as evidenced by his signature below that he has sought the concurrence of Plaintiffs counsel, Renee Knicos, and she has concurred in the instant Petition to allow the appearance of Larry M, Waranch, Esquire, pro hac vice. WHEREFORE, your Petitioners, Defendants Susan Rosso, D,P.M. and Zlotoff, Gilfer & Gold, a professional corporation, respectfully request that this Honorable Court allow the entry of appearance of Larry M, Waranch, Esquire, for the herein matter and before this Honorable Court pro hac vice. c:Jj;~5 Respectfully submitted, .?l BY:~~\~~' Marc T. Levin, Esquire Farrell & Ricci, P,C. 4423 North Front Street Harrisburg, PA 17110 717-230-9201 Counsel for Defendants Susan Rosss, D.P.M. and Zlotoff, Gilfer & Gold, a professional corporation VERIFICATION I, Larry M. Waranch, Esquire, hereby certifY that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S, Section 4904 relating to unsworn falsification to authorities, v~ op~5 AND NOW, this CERTIFICATE OF SERVICE #i 1- L.- I ;r day of '41 , 2005, I hereby certify that I served a true and correct copy of the foregoing document upon all counsel of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Renee Knicos, Esquire KNIcos LAw OFFICE, LLC 301 South Hanover Street - Suite 1 Carlisle, P A 17013 FARRELL & RICCI, P,C, U1~jC ~' r7" --------- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION Margaret Nobles, located at 401 S. Arch Street Mechanicsburg, P A 17055, Plaintiff No. 05-370 Civil Term v. CIVIL ACTION Susan Rosso, D.P.M., AND Zlotoff, Gilfert & Gold, a professional corporation, located at 3600 Trindle Road Camp Hill, PA 17011, Defendants JURY TRIAL DEMANDED Filed on Behalf of Plaintiff Counsel of record for Plaintiff: Renee Knicos, Esquire Supreme Court ID # 89529 Knicos Law Office, LLC 301 S. Hanover street, Suite I Carlisle, P A 17013 717.249.6808 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 afte:r 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 32 South Bedford Street Carlisle, P A 17013 717.249.3166 COMPLAINT AND NOW comes the Plaintiff, by and through her attorney Renee Knicos, and hereby files the following Complaint-Civil Action, making demand against defendants, jointly and severally, for damages sustained upon cause of action of which the following are statements: PARTIES 1. Plaintiff Margaret Nobles, is a citizen and resident of the Commonwealth of Pennsylvania, residing therein in at 40 I S. Arch Street in the city of Mechanicsburg in the County of Cumberland. 2. Defendant Susan Rosso, D.P.M., (Dr. Rosso) is a citizen and resident of the Commonwealth of Pennsylvania; at all times pertinent hereto, Dr. Rosso has been engaged in the practice of podiatry at her office with her employer Zlotoff Gilfert & Gold located at 3600 Trindle Road in the city ofeamp Hill, in the county of Cumberland. Plaintiff is asserting a professional liability claim against this defendant. 3. At all times pertinent and material hereto, Dr. Rosso was engaged in the practice of podiatry and was obligated to bring to bear in the practice of her profession the professional skills, knowledge and experience which she possessed and to pursue her profession in accordance with reasonably san~ and acceptable standards of podiatry. 4. Zlotoff, Gilfert & Gold is a professional corporation providing podiatry services at its office located at 3600 Trindle Road in the city of Camp Hill, in the county of Cumberland. Plaintiff is asserting a professional liability claim against this defendant in its capacity as master to its servant and/or ostensible agent. 5. Defendant corporation is owned, operated and controlled, at all times pertinent and material hereto, at least in part, by Dr. Howard J. Zlotoff, D.P.M., who is the president thereof, at 3600 Trindle Road located in the city of Camp Hill, in the county of Cumberland. 6. At all times pertinent and material hereto, defendant corporation held itself out in the community as a full service podiatry office, properly equipped and statlcd. and rendering quality medical care acting through its dl~partments, doctors, staff members and other agents, servants or employees. 7. At all times pertinent and material hereto, Dr. Rosso had one or more of the following relationships with defendant corporation: (A) she was a partner or officer of defendant corporation; (B) she was an employee of defendant corporation; andior (C) she was a contractor who performed services for the benefit of defendant corporation at its aforementioned address in Camp Hill. JURISDICTION AND VENUE 8. Paragraphs 1 through 7 are hereby incorporated by reference. 9. The Court of Common Pleas has exclusive and original jurisdiction of all actions and proceedings pursuant to 42 Pa.C.SA 9931(a) &(b). 10. Venue is properly laid in Cwnberland County pursuant to Pa. R. Civ. P. No. 1006 (a)(1), (a.1) and (c)(I), since the cause of action arose in Cumberland County and the defendants' business is in Cwnberland County. FACTS ] ]. Paragraphs I through] 0 are hereby incorporated by reference. ]2. On or about January 7, 2003, Plaintiff presented herself to Dr. Rosso for evaluation of pain in her left foot. ] 3. Plaintiff was diagnosed by Dr. Rosso with hallux abductovalgus left foot. 14. Plaintiff underwent first metatarsal osteotomy ofleft foot with K wire fixation on or about January 21,2003 at Grandview Surgical Center in Camp Hill, for correction of the hallux deformity by Dr. Rosso. 15. Plaintiff was seen by Dr. Rosso at her office for he:r first post operative visit on or about January 28, 2003. ] 6. Plaintiff was instructed to restrict weight bearing on the operative foot, and was otherwise found to be healing and was scheduled tor follow-up visit in two (2) weeks. ] 7. Plaintiff returned to Dr. Rosso before her scheduled appointment on or about February 3, 2003 due to much tenderness and pain at operative site. 18. Because of continued problems with accelerating pain and associated problems, Plaintiff saw Dr. Rosso for evaluation and treatment on or about the following dates in the year 2003: February 12, February 25, (March 5 admitted to Holy Spirit Hospital for DVT), March II, March 25, April 8, April 18, April 25, April 28. May 5 surgery for removal of bone spur/foreign body, May 7, May 14, and May 27_ 19. Plaintiff complained of progressive and increasing burning and severe pain, sensitivity, hyperesthesia, allodynia, intermittent ,erythema, temperature changes and increased swelling over the course of this treatment by Dr. Rosso. 20. Dr. Rosso's treatment for the severe pain and othl:r symptoms post osteotomy consisted of the following: a. removal of surgical pin/medial on or about February 3; b. x-rays done on or about February II, second pin removed with prescription of analgesics and antibiotic; c. administration of diagnostic nerve block, x-rays and prescription for physical therapy with diagnosis chronic regional pain syndrome on or about February 25; d. cortisone injection into fIrst interspace left foot on or about March II; e. application of una boot and injection ofdepomedrol on or about March 25; f. application of new una boot on or about April 8, and prescription for MRI to assess presence of foreign body; g. application of new una boot on or about April 18; h. plans for second surgery for removal of bone spur/foreign body discussed with Plaintiff on or about April 25; 1. surgical removal of bone spur/foreign body on or about May 5; J. post-operative visit on or about May 7 and x-rays done; k. cortisone injection on or about May 14; and 1. suture removal, order for jobst compression stockings and referral to pain management physician on or about May 27. 21. On or about June 13, 20003, Plaintiff contacted defendant's office to terminate their physician patient relationship and have her records faxed to Douglas Bream, D.P.M. for ongoing treatment. COUNT! Negligence: Plaintiffv. Rosso 22. Paragraphs I through 21 are hereby incorporated by reference. 23. During the aforesaid physician/patient relationship, and hospital admissions excluding the hospitalization at Holy Spirit hospital and subsequent treatment of DVT, the treatment of Plaintiff Nobles was under the care of, and subject to the supervision of, the defendants herein, acting through their respective servants and employees, all in the course and scope of their respective employments; said defendants were obliged to properly treat and supervise the treatment of Plaintiff Nobles, including the supply of adequate and competent personnel, proper diagnostic testing and referral to specialists, and ffil~dical, surgical and podiatric care. 24. During the aforesaid course of treatment by Dr, Ro:;so which occurred during the scope of her employment, and imputed to her master Zlotoff, Gilfert & Gold, P.c., defendant breached her nondelegable duty of care to properly perform, treat, refer, diagnose and interpret appropriate, necessary and adequate surgical procedures, diagnostic tests, and to refer to outside specialists. 25. At all times relevant and material hereto, Dr. Rosso acted or appeared to be acting as defendant professional corporation's servant or employee, contractor, administrator and/or representative in the course and scope of her employment and/or in the furtherance of the business of the defendant corporation, 26. The negligent or otherwise tortious conduct of defendants, acting individually or through their respective agents, servants and/or employees, consisted of the following: a. failure to promptly and properly diagnose Plaintiff's serious condition resulting in unnecessary surgery and delay in treatment; b. failure to promptly and properly diagnose and treat Plaintiff resulting in unnecessary suffering; c. failure to promptly and properly perform or order reasonably necessary and adequate diagnostic tests; d. failure to promptly and properly refer Plaintiff to the appropriate specialists; e. failure to promptly and properly perform and/or interpret adequate and appropriate radiology tests; f. performance of unnecessary surgery; g. failure to possess the adequate medical, surgical, radiological and podiatric skills, knowledge, experience and techniques in the proper care of Plaintiff; h. failure to properly bring to bear such medical, surgical, radiological and podiatric skills and knowledge as were then possessed, or should have been possessed, in the care and treatment of Plaintiff; I. failure to properly conform to the accept\:,d standard of care of a reasonable podiatrist in the performance of her medi'i:al, surgical, radiological and podiatric management of Plaintiff; J. breach of a non-delegable duty to provide quality care to Plaintiff including the provision of medical, surgical and radiological skills possessed by a podiatrist; k. failure of professional corporation to properly supervise that the care and treatment rendered by its servants, contrac'tors, administrators and agents conformed to acceptable standards of care. 27. Specifically, Dr. Rosso: a. failed to properly and timely diagnose Plaintiffs RSD; b. failed to refer Plaintiff for appropriate testing for differential diagnosis of RSD; c. failed to refer to a neurologist or other physician/specialist for evaluation of RSD; d. failed to refer to another podiatrist within her group for evaluation of her unrelenting condition; e. put Plaintiff on restricted activity and weight bearing which is contraindicated with RSD and exacerbated the RSD; f. put Plaintiff in an una boot for over a month which is contraindicated with RSD and exacerbated her RSD; and g. performed unnecessary/untimely surgery; the surgery then severely exacerbated the underlying RSD and caused Plaintiff great and irreparable harm. 28. As a direct result of the negligent care and treatment rendered by defendants, acting individually and through their respective agents, servants and employees, Plaintiff has been severely harmed and has been deemed disabled. 29. The injuries to Plaintiff were caused solely and wholly by reason ofthe negligence of the defendants and were not caused or contributed thereto by any negligence on the part of Plaintiff. 30. Plaintiff's injuries would not have occurred absent the negligent or otherwise tortious conduct of defendants and such injuries were the direct, actual and proximate cause of Plaintiff's injuries. 31. As a result of the conduct of the defendants, Plaintiff has suffered and continues to suffer severe physical pain, disability, extreme mental anguish, and loss of life's pleasures. 32. As a result of the conduct of the defendants, Plaintiff suffered and continues to suffer from mental anguish, depression, anxiety and emotional distress. 33. Plaintiff suffered economic losses, including, but not limited to, loss of income from her employment, future loss of income from employment, medical expenses and future medical expenses. 34. Plaintiff has been unable to attend to her usual duties, labors, avocations, occupational, academic and social activities and will continue to be so restricted for an indefmite time in the future, all to her great fmancial and personal detriment and loss. 35. Plaintiff has suffered and will continue to suffer a loss of enjoyment oflife and life's pleasures, all to her great loss and detriment. WHEREFORE, Plaintiff demands judgment in her favor against defendants, jointly and severally, in an amount in excess of $25,000 plus costs. I verify that the facts set forth in this complaint are true and cormct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to th~ies of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. ~ ~ Renee Knicos Attomey for Plaintiff ~ ,/ ~2- ~Oo5 I Supreme Court ID# 89529 Knicos Law Office, LLC 301 S. Hanover Street, Ste.l Carlisle, PA 17013 Tel: 717.249.6808 Fax:717.249.5970 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Margaret Nobles, Plaintiff No. 05-370 Civil Term v. CIVIL AC110N Susan Rosso, D.P.M., AND Zlotoff, Gilfert & Gold, a professional corporation, Defendants JURY TRIAL DEMANDED VERIFICATION I, Margaret S. Nobles, having personal knowledge of the factual statements made in this complaint, verifY that these statements are true and correct. I understand that false statements are made subject to penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification made to authorities. DATE: 20 :f--eb.2 005 ~;1A fl(},vI J- /jl2i-fJ~ '~Nobles/ o \1\ MARGARET NOBLES, Plain tiff fEB 1 '7 201l~ . ,.ne--/' ~7' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 05-370 SUSAN ROSSO, D.P.M. and ZLOTOFF, GILFERT & GOLD, A Professional Corporation, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW this '1- 'f' day of February 2005, the Petition to allow the appearance of Larry M, Waranch, Esquire, pro hac vice is GRANTED in the above-captioned matter, j4J J. L\'O S O~,r;} ,'"" SHERIFF'S RETURN - REGULAR CASE NO: 2005-00370 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NOBLES MARGARET VS ROSSO SUSAN DPM ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ROSSO SUSAN DPM the DEFENDANT , at 1340:00 HOURS, on the 25th day of January , 2005 at 3600 TRINDLE ROAD CAMP HILL, PA 17011 by handing to MICHELE JONES, RECEPTIONIST, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 11.10 .00 10.00 ,00 39,10 So Answers: .r~~ R. Thomas Kline 01/26/2005 KNICOS LAW OFFICE me this 3-<--<<-- day of B~~~~ eputy Sheriff Sworn and Subscribed to before j--r.tLl1A4 ;} ct.}.::' A . D . " \ l. ~"{' Q 'h~ $ iJ I Prothonotary . SHERIFF'S RETURN - REGULAR CASE NO: 2005-00370 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NOBLES MARGARET VS ROSSO SUSAN DPM ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ZLOTOFF GILFERT & GOLD the DEFENDANT , at 1340:00 HOURS, on the 25th day of January 2005 at 3600 TRINDLE ROAD CAMP HILL, PA 17011 by handing to MICHELE JONES a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~'4~<'~~ R. Thomas Kline 01/26/2005 KNICOS LAW OFFICE me this~,,-,,I day of B~+~-L~ eputy Sheriff Sworn and Subscribed to before .J--<-~ J"V5") A,D. ())I' C:ivJAfJ(7,,,~ Prothonotary , Marc T, Levin, Esquire FARRELL & RICCI, PC 4423 North Front Street Harrisburg, PA 17110 717-230-9201 Larry M. Waranch, Esquire W ARANCE & BROWN, LLC 1301 York Road, Suite 300 Lutherville, MD 21093 410-821-3505 Counsel DJr Susan Rosso, D,P.M, and Zlotoff, Gilfert & Gold, a Professional Corporation MARGARET NOBLES, Plaintiff IN THE COURT OF COMMON PLI '\.S OF CUMBERLAND COUNTY, PENNS LVANIA vs. NO. 05-370 SUSAN ROSSO, D,P,M, and ZLOTOFF, GILFERT & GOLD, A Professional Corporation, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: MARGARET NOBLES c/o: Renee Knicos, Esquire KNICOS LAw OFFICE, LLC 301 South Hanover Street - Suite 1 Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE I'RELIMINARY OB IECTIONS WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEf pING OR JUDGMENT MAY BE ENTERED AGAINST YOu. Dated: //;&/[7-1 oldJ'~ / FARRELL & RICCI, P,C. ~-L-, Marc T, Levin, Esquire Larry M. Waranch, Esquire Counsel for Defendant Marc T. Levin, Esquire FARRELL & RICCI, PC 4423 North Front Street Harrisburg, PA 17110 717-230-9201 Larry M. Waranch, Esquire W ARANCH & BROWN, LLC 1301 York Road, Suite 300 Lutherville, MD 21093 410-821-:3505 Counsel for Susan Rosso, D,P,M, and Zlotoff, Gilfert & Gold, a Professional Corporation MARGARET NOBLES, Plaintiff IN THE COURT OF COMMON PL AS OF CUMBERLAND COUNTY, PENNS TLVANIA vs, NO. 05-370 SUSAN ROSSO, D,P,M, and ZLOTOFF, GILFERT & GOLD, A Professional Corporation, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANTS SUSAN ROSSO T P.M. AND ZLOTOFF. GILFERT & GOLD A PROFESSIONAL CORPORA ION I. MOTION TO STRIKE 1. Pursuant to Pa,RC,P. 1020(a), "[E]ach cause of action and any special da age related thereto shall be statE,d in a separate count containing a demand fo relief." 2, In her Complaint, Plaintiff alleges that she is asserting a professionallial lity claim against Defendant Zlotoff, Gilfert & Gold, a Professional Corporation (her inafter the "Practice") "in its capacity as master to its servant and/or ostensible a nt." See Complaint at paragraph 4, a copy of which is attached hereto as Exhibit" .. and incorporated by reference. 3, A complete reading of the Complaint confirms that Plaintiff is alleging vic nous liability on the part of the Practice for the alleged negligence of Defendant ~usan Ross, D,P.M, in one enumerated Count entitled "Negligence: Plaintiffvs, osso." Yet throughout said Count, Plaintiff refers to the "Defendants" collectively, 4, Plaintiff, in derogation of the Pennsylvania Rules of Civil Procedure, fail to set forth separate causes of action against the Defendants in separate Count , but rather, alleges negligence against both Defendants in the same vein. 5. In accordance with Pa,RC,P, 1020(a), Plaintiff must state the causes of a tion contained in the Complaint, in separate Counts, each pertaining to one 0 he two Defendants. 6. Plaintiff is permitted to group Defendants into one Count only where the efendants are alleged to be jointly liable, and where the factual background is ident' al for all of the Defendants. Seruga us. Tushes, 21 D&C 3,d Ill, 113 (1981), 7. However, in Plaintiffs ad damnum clause at the end of the Complaint, PI intiff demands judgment against "Defendants, jointly and severely, in an amou t in excess of $25,000 plus costs," 8, In Plaintiffs Complaint, as Plaintiff alleges only vicarious liability agains the Practice, it is legally impossible for the Defendant to be joint tortfeasors, amalis v. Atlas Van Lines, 560 A2d 1380 (Pa, 1980). 9, Pursuant to Pa,RC,P. 1028(a)(2), it is proper to strike from a pleading all ations which fail to conform to law or rule of court, 3 WHEREFORE, respectfully requests that this Honorable Court strike all allegations against Defendant Zlotoff, Gilfert & Gold, a Professional Corporation, and dis iss it from this lawsuit or alternatively, require Plaintiff to file an Amended Complaint se rating the causes of action against the two Defendants and striking any references to joint ability, Respectfully submitte 1t1~C , By: Marc T. Levin, E quire Farrell & Ricci, P,C, 4423 North Front Street Harrisburg, PA 17110 717-230.9201 Larry M, Waranch, Esquire W ARANCH & BROWN, LLC 1301 York Road, Suite 300 Lutherville, MD 21093 410-821.3505 Counsel for Susan Rosso, D,P,M. and otoff, Gilfert & Gold, a Professional Corpora on 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Margaret Nobles, located at 40 1 S. Arch Street Mechanicsburg, P A 17055, Plaintiff No. OS~370 Civil Term v. : CIVIL ACTION Susan Rosso, D.P.M., AND Zlotoff, Gilfert & Gold, a professional corporation, located at 3600 Trindle Road Camp Hill, P A 17011, Defendants . . JURY TRIAL DEMANDED : Filed on Behalf of Plaintiff Counsel of record for,Plaintiff: Renee Knicos, Esquire Supreme Court ID # 89529 Knicos Law Office, LLC 301 S. Hanover street, Suite 1 Carlisle, PA 17013 717.249.6808 . NOTICE TO DEFEND o You have been sued in court. If you wish to defend against the claims set forth in, e following pages, you must take action within twenty (20) days after this complaint and n served, by entering a written appearance personally or bv attorney and filing in writing the EXHIBIT I A ~,> ~ ..:J <"' .." M CJ r-..., N ..,.., F..3 c, (,) o 'r, ::;;! r-ii,Ji -n ~n -:~}Q ~1-~!J -.-<) ....jiT'! ~~~ .....: court your defenses or objections to the claims set forth against you. You are warned YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF Y U DO fail to do so the case may proceed without you and a judgment may be entered against court without further notice for any money claimed in the complaint or for any other c relief requested by the plaintiff, You may lose money or property or other rights impo you. NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717.249.3166 COMPLAINT AND NOW comes the Plaintift: by and through her attorney Renee Knicos, an files the following Complaint-Civil Action, making demand against defendants, jointly severally, for damages sustained upon cause of action of which the following are state ents: PARTIES 1. Plaintiff Margaret Nobles, isa citizen and resident of the Commonweal of Pennsylvania, residing therein in at 40 I S. Arch Street in the city of Mechanicsburg in the County of Cumberland. 2. Defendant Susan Rosso, D.P.M., (Dr. Rosso) is a citizen and resident of e Commonwealth of Pennsylvania; at all times pertinent hereto, Dr. Rosso been engaged in the practice of podiatry at her office with her employer Zloto & Gold located at 3600 Trindle Road in the city of Camp Hill, in the co Cumberland. Plaintiff is asserting a professional liability claim against s defendant. 3. At all times pertinent and material hereto, Dr. Rosso was engaged in the ractice of podiatry and was obligated to bring to bear in the practice of her profe sion the professional skills, knowledge and experience which she possessed and pursue her profession in accordance with reasonably safe and acceptable stan podiatry. 4. Zlotoff, Gilfert & Gold is a professional corporation providing podiatry its office located at 3600 Trindle Road in the city of Camp Hill, in the Cumberland. Plaintiff is asserting a professional liability claim against t s defendant in its capacity as master to its servant and/or ostensible agent. 5. Defendant corporation is owned, operated and controlled, at all times pe inent and material hereto, at least in part, by Dr. Howard J. Zlotoff, D.P.M., president thereof, at 3600 Trindle Road located in the city of Camp Hill, county of Cumberland. 6. At all times pertinent and material hereto, defendant corporation held i the community as a full service podiatry office, properly equipped and rendering quality medical care acting through its departments, doctors, members and other agents, servants or employees. 7. At all times pertinent and material hereto, Dr. Rosso had one or more 0 following relationships with defendant corporation: (A) she was a partner or officer of defendant corporation; (B) she was an employee of defendant corporation; and/or (C) she was a contractor who performed services for the benefit of d endant corporation at its aforementioned address in Camp Hill. JURISDICTION AND VENUE 8. Paragraphs I through 7 are hereby incorporated by reference. 9. The Court of Common Pleas has exclusive and original jurisdiction of al actions and proceedings pursuant to 42 Pa.C.S.A. ~931(a) &(b). 10. Venue is properly laid in Cumberland County pursuant to Pa. R. Civ. P. 0.1006 (a)(l), (a.l) and (c)(l), since the cause of action arose in Cumberland unty and the defendants' business is in Cumberland County. FACTS II. Paragraphs 1 through 10 are hereby incorporated by reference. 12. On or about January 7, 2003, Plaintiff presented herself to Dr. Rosso for evaluation of pain in her left foot. 13. Plaintiff was diagnosed by Dr. Rosso with hallux abductovalgus left foo 14. Plaintiff underwent first metatarsal osteotomy ofleft foot with K wire fi 'on on or about January 21, 2003 at Grandview Surgical Center in Camp Hill, r correction of the hallux deformity by Dr. Rosso. 15. Plaintiff was seen by Dr. Rosso at her office for her first post operative sit on or about January 28, 2003" 16. Plaintiff was instructed to restrict weight bearing on the operative foot, otherwise found to be healing and was scheduled for follow-up visit in weeks. 17. Plaintiff returned to Dr. Rosso before her scheduled appointment on or February 3, 2003 due to much tenderness and pain at operative site. 18. Because of continued problems with accelerating pain and associated PI'( lems, Plaintiff saw Dr. Rosso for evaluation and treatment on or about the foil dates in the year 2003: February 12, February 25, (March 5 admitted to I Jly Spirit Hospital for DVT), March 11, March 25, April8, April 18, April ~ , April 28, May 5 surgery for removal of bone spur/foreign body, May 7, May 1 , and May 27. 19. Plaintiff complained of progressive and increasing burning and severe in, sensitivity, hyperesthesia, allodynia, intermittent erythema, temperature es and increased swelling over the course of this treatment by Dr. Rosso. 20. Dr. Rosso's treatment for the severe pain and other symptoms post ostec omy consisted of the following: a. removal of surgical pin/medial on or about February 3; b. x.rays done on or about February 11, second pin removed with prescription of analgesics and antibiotic; c. administration of diagnostic nerve block, x.raYs and prescriptio for physical therapy with diagnosis chronic regional pain syndrome n or about February 25; d. cortisone injection into first interspace left foot on or about Marc 11 ; e. application of una boot and injection of depomedrol on or about .1arch 25; f. application of new una boot on or about April 8, and prescriptio for MRI to assess presence of foreign body; g. application of new una boot on or about April 18; h. plans for second surgery for removal of bone spur/foreign body d ussed with PlaintitT on or about April 25; J. surgical removal of bone spur/foreign body on or about May 5; J. post-operative visit on or about May 7 and x-rays done; k. cortisone injection on or about May 14; and 1. suture removal, order for jobst compression stockings and refe management physician on or about May 27. 21. On or about June 13,20003, Plaintiff contacted defendant's office to te their physician patient relationship and have her records faxed to Doug! D.P.M. for ongoing treatment. COUNT 1 Negligence: Plaintiffv. Rosso 22. Paragraphs I through 21 are hereby incorporated by reference. 23. During the aforesaid physician/patient relationship, and hospital admissi ns excluding the hospitalization at Holy Spirit hospital and subsequent trea ent of DVT, the treatment ofPlaintitTNobles was under the care of, and subje to the supervision of, the defendants herein, acting through their respective 18 and employees, all in the course and scope of their respective employments; . d defendants were obliged to properly treat and supervise the treatment of laintitT Nobles, including the supply of adequate and competent personnel, prop diagnostic testing and referral to specialists, and medical, surgical and care. 24. During the aforesaid course of treatment by Dr. Rosso which occurred d scope of her employment, and imputed to her master Zlototf, Gilfert & old, P.C., defendant breached her nondelegable duty of care to properly perti , treat, refer, diagnose and interpret appropriate, necessary and adequate surgi procedures, diagnostic tests, and to refer to outside specialists. 25. At all times relevant and material hereto, Dr. Rosso acted or appeared as defendant professional corporation's servant or employee, contractor administrator and/or representative in the course and scope of her emplo and/or in the furtherance of the business of the defendant corporation. 26. The negligent or otherwise tortious conduct of defendants, acting indivi ly or through their respective agents, servants and/or employees, consisted of e following: a. failure to promptly and properly diagnose Plaintiff's serious con tion resulting in unnecessary surgery and delay in treatment; b. failure to promptly and properly diagnose and treat Plaintiff resu unnecessary suffering; c. failure to promptly and properly perform or order reasonably nec and adequate diagnostic tests; d. failure to promptly and properly refer Plaintiff to the appropriate specialists; e. failure to promptly and properly perform and/or interpret adequa and appropriate radiology tests; f. performance of unnecessary surgery; g. failure to possess the adequate medical, surgical, radiological . attic skills, knowledge, experience and techniques in the proper care 0 Plaintiff; h. failure to properly bring to bear such medical, surgical, radiologi podiatric skills and knowledge as were then possessed, or should been possessed, in the care and treatment of Plaintiff; 1. failure to properly confonn to the accepted standard of care of a podiatrist in the performance of her medical, surgical, radiologi podiatric management of Plaintiff; J. breach of a non-delegable duty to provide quality care to Plainti including the provision of medical, surgical and radiological skill possessed by a podiatrist; k. failure of professional corporation to properly supervise that the e and treatment rendered by its servants, contractors, administrators an agents confonned to acceptable standards of care. 27. Specifically, Dr. Rosso: a. failed to properly and timely diagnose Plaintiff's RSD; b. failed to refer Plaintiff for appropriate testing for differen diagnosis of RSD; c. failed to refer to a neurologist or other physician/speciali for evaluation of RSD; d. failed to refer to another podiatrist within her group for ev of her unrelenting condition; e. put Plaintiff on restricted activity and weight bearing whi contraindicated with RSD and exacerbated the RSD; f. put Plaintiff in an una boot for over a month which is contraindicated with RSD and exacerbated her RSD; an g. performed unnecessary/untimely surgery; the surgery th exacerbated the underlying RSD and caused Plaintiff irreparable harm. 28. As a direct result of the negligent care and treatment rendered by defen acting individually and through their respective agents, servants and e Plaintiff has been severely harmed and has been deemed disabled. 29. The injuries to Plaintiff were caused solely and wholly by reason of the egligence of the defendants and were not caused or contributed thereto by any ne the part of Plaintiff. 30. Plaintiffs injuries would not have occurred absent the negligent or oth tortious conduct of defendants and such injuries were the direct, actual proximate cause of Plaintiffs injuries. 31. As a result of the conduct of the defendants, Plaintiff has suffered and to suffer severe physical pain, disability, extreme mental anguish. and I life's pleasures. 32. As a result of the conduct of the defendants, Plaintiff suffered and COIl" suffer from mental anguish, depression, anxiety and emotional distress. 33. Plaintiff suffered economic losses, including, but not limited to, loss of from her employment, future loss of income from employment, medical, xpenses and future medical expenses. 34. Plaintiff has been unable to attend to her usual duties, labors, avocatio , for an indefinite time in the future, all to her great financial and perso occupational, academic and social activities and will continue to be so r strieted detriment and loss. 35. Plaintiff has suffered and will continue to suffer a loss of enjoyment of fe and life's pleasures, all to her great loss and detriment. WHEREFORE, Plaintiff demands judgment in her favor against defendants, joi tly and severally, in an amount in excess of $25,000 plus costs. I verify that the facts set forth in this complaint are true and correct to the best of my wledge, information and belief. I understand that false statements herein are made subject to the ties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Renee Knicos Attorney for Plaintiff Dated: Supreme Court ID# 89529 Knicos Law Office, LLC 30 I S. Hanover Street, Ste.l Carlisle, PA 17013 Tel: 717.249.6808 Fax:7 I 7_249.5970 ~ Z,L boo 5..-' I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CML DIVISION Margaret Nobles, plaintiff : No. 05-370 Civil Term v. : CIVIL ACTION SUS8Il Rosso, D.P.M., AND Zlotoff, Gilfert " Gold, a professional corporation, Defervl....l'l : : JURY TRIAL DEMANDED : VERIFICATION I, Mar~ S. Nobles, baving personal knowledge of tile factual statements compJaint, verify that these statements me true and correct. I understand that false made subject to penalties of 1& PILe.s. ~904, relating to unsworn falsification authorities. in this tements me to DATE: 20 ~ ;2.005 S. Nobles AND NOW, this CERTIFICATE OF SERVICE J--fP"- daYOf~ ,2005, I here certify that I served a true and correct copy of the foregoing document upon counselofreco by depositing a copy of same in the United States mail, regular delivery, postage prepaid Carlisle, Cumberland County, Pennsylvania, addressed as follows: Marc T. Levin, Esquire FARRELL & RICCI, P.C. 4423 North Front Street Harrisburg, Pa 17110 Renee Knicos, Esquire Knicos Law Office, LLC 301 S. Hanover Street, Suite 1 Carlisle, PA 17013 CERTIFICATE OF SERVICE AND NOW, this v? ;2-day of ~.--f4!L 2005, I hereby certify that I se ved a true and correct copy of the foregoing doeument upon all counsel of record by depositir a copy of same in the United States mail, regular delivery, postage prepaid at arrisburg, Pennsylvania, addressed as follows: Renee Knicos, Esquire KNrcos LAw OFFICE, LLC 301 South Hanover Street - Suite 1 Carlisle, PA 17013 FARREL~ & R~ -'lil 'JrI \ \ , ""'D..' r ,,'. :.7 ~'. l~__ t ~--: ~t-' Q ~" <, (~. -/ :~3 -, ....' ,'" c:::;,:. <-" ~ po :;u N N o --n ::;:! fi'1~ -rJ t! 1 " ,-; '--!' i:'-.~(7 ~I_~ ;~.:: .;'''m ;? '<, '~'o :.< -u ~". --- '" N IN THE COURT OF COMMON PJ.}(AS CUMBERLAND COUNTY , PENNSYLVANIA CIVlL DlVlSION Margaret Nobles, located at 401 S. Arch Street Meehaniesburg, PA 17055, Plaintiff No. 05-370 Civil Term v. CIVIL ACTION Susan Rosso, D.P.M., AND Zlotoff, Oilfert & Gold, a professional corporation, located at 3600 Trindle Road Camp Hill, PA 170J 1, Defendants JURY THIAL ]WMANI)ji,J) Filed on Behalf of Plaintiff Counsel of record for Plaintiff: Renee Knicos., Esquirc Supreme Court ID If 89.'>1.9 Kni<:os Law Office, LLC 30) S. IblJowr KI,,'d, Suitt, 1 Carlisle.,I'A non 717 .249 .6808 NOTICE TO DEFEND You have been sued in court. [fyou wish to defend against the claims set forth in the following par-es, you mnst take action within twenty (70) days after this complaint and 110ticc arc served, L.y <"ptering:t "Tilh,1l npP'''"'i\1lt;C personally or by uttorney and tiling in wtiting 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 ca'le may proceed without you and a judgment may be entered against you by the court without further notic.e for any money c1aimf'<:I in the complaint or for any other r.laim or rdiet'r<;qllest<;'l by the plaintiff. You may lose money or prop<;rty 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 AJo'FOlm ONE, GO TO em TI\U\PIIONI'; 'IJ II'; (WFI{'I': .')1':'1' l'OR'I'illlEI,OW TO FIND OUT WHER.I': YOU CAN GET l.lo:(]i\l. HEl.P. Cumberland County Bar Association 32 South Bedford Strect Carlisle, PA 17013 111.249.3166 (FIRST) J\MJ<:Nmm qrl\il'IA'I..:,/ 1\011) NOW comes th,) l'laintitr, by and through her attorney Renee Knicos, and hereby files the followine Complaint, Civil Action, making (kl11ano Rf'.ainst ocknd:mts" ,joiui1y and scwrally, I(,l' dmuag')" SUSt>)ill<~d IIp<ln <;anse of action <If which the following arc statemBnts: l' ARJTIiS I , Plaintiff' Marl\al'<)t Nobles, is a dti7.cn and resident of the Commonwealth of Pennsylvania, residinp, therein in at 4()] S, Arch Strcc,t in the c.ity of Meehaniesburg in the County of Cumberland. 2. Defendant Susan Rosso, D.l'.M., (Dr. Rosso) is a citi7(',n and resi(knt oftbc, (.'ommonw<:alth of Pennsylvania; 'It all time" pertinent ht)fcto, I)r. Rosso bas been engaged in thc prar,tlce- ofpodiHtry at he-I' ollie(' with her employe! /.lo(orr (iilfc',11 Sr, nold IOCii!,;d at \600 'frilldk Road in th,) city of Camp I Iill, in th\; county of Cumberland. Plaintiff is asserting a professional liability claim against this defendant. 3. At all times pertinent and material hereto, Dr. Rosso was engaged in the practice of podiatry and was obligated to bring to bear in the practice of her profession the professional skills, knowledge and experience which she possessed and to pursue her profession in accordance with reasonably sate and acceptable standards of podiatry. 4. /l:lototf, Giltert & Gold is a professional corporation providing podiatry services at its office located at 3600 Trindle Road in the city of Camp lIill, in the county of Cumherl,and. Plaintiff is asserting a protessionalliability claim against this defendant in its capac.ity as master to its sen-ant and/or ostensi hle agent '), I kfr:ndant corporation is owned, operated and controlled, at all times pertinent and material hereto.. at least in part, by Dr. 1I0ward 1. /Jotoff, n. [>,1\1., who is the president thereof, at l600 Trindle Road located in the city of Camp I Iii!, in the county ofCumhcrland. 6, i\t all times pertinent and material hereto, detendant corporation held itself out in the community as a full servin' podiatry otfJe,c, properly e<Jllippe,d ami statfed, and r<;nckring quality 1l1<:dical care aGting through it~ departments, doctors, staff members and other agents, servants or employees. 7, I\t all times pertinent and material hereto, Dr. Rosso had one or more of the following relationships with defendant corporation: (A) she was a partner or otlieer of defendant corporation; (B) she was an employee of defendant eorpomtion; and/or (C) she was a contractor who performed services for the benefit of defendant corporation at its aforementioned address in Camp Hill. JURISDICTION AND VENUE 8. Paragraphs I through 7 are hereby incorporated by reference. 9, The Court of Common Pleas has exclusive and originaljurisdiction of all actions and proceedings pursuant to 42 Pa.C.S.A. ~931(a) &(b). 10, Venue is properly laid in Cumberland County pursuant to 1'a. R. Civ. 1', No. 1006 (a)(I), (a.l) and ( c)( I), since the cause of action arose in Cumberland County and the defendants' business is in Cumberland County, FACTS 11. Paragraphs 1 through 10 are hereby incorporated by reference. 12. On or about January 7, 2003, Plaintiff presented herself to Dr. Rosso for evaluation of pain in her left foot. U. I'laintiffwas diagnosed by Dr. Rosso with hallux abductovalgus left foot. 14. Plaintiff underwent first metatarsal osteotomy oflcft foot with K wire tlxation on or ahout JmU1ary '),1 , 2003 at Grandview Surgical Center in Camp I IilI, fill' correction of the hallux defomlity by Dr. Rosso. 15. I'laintiffwas seen by Dr. Rosso at her ofIice for her first post operative visit on or about January 28, 2003. 16. [)laintiff was instructed to restrict weight bearing on the operative foot, and was otherwise found to be healing and was scheduled for follow-up visit in two (/) weeks. 17. Plaintiff returned to Dr. Rosso before her scheduled appointment on or about February 3, 2003 due to much tenderness and pain at operative site. 18. Because of continued problems with accelerating pain and associated problems, Plaintiff saw Dr. Rosso for evaluation and treatment on or about the following dates in the year 2003: February 12, February 25, (March 5 admitted to Holy Spirit Hospital for DVT), March II, March 25, April 8, April 18, April 25, April 28, May 5 surgery for removal of bone spur/foreign body, May 7, May 14, and May 27. 19. Plaintiff complained of progressive and increasing burning and severe pam. sensitivity, hyperesthesia, allodynia, intermittent erythema, temperature changes and increased swelling over the course of this treatment by Dr, Rosso. 20. Dr. Rosso's treatment for the severe pain and other symptoms post osteotomy consisted of the following: a. removal of surgical pin/medial on or about l'ebruary 3; b. x-rays done on or about February II, second pin removed with prescription of analgesics and antibiotic; c. administration of diagnostic nerve block, x-rays and prescription for physical therapy with diagnosis chronic regional pain syndrome on or about February 25; d. cortisone injection into first interspace left foot on or about March II; e. application of una boot and injection of depomedrol on or about March 25; f. application of new una boot on or about April 8, and prescription for MR.l to assess presence of foreign body; g. application of new una boot on or about April 18; h, plans for second surgery for removal of bone spur/foreign body discussed with Plaintiff on or about April 25; 1. surgical removal of bone spur/foreign body on or about May 5; J, post-operative visit on or about May 7 and x-rays done; k. cortisone injection on or about May 14; and I. suture removal, order for jobst compression stockings and referral to pain management physician on or about May 27. 21. On or about June 13,20003, Plaintiff contacted defendant's office to terminate their physician patient relationship and have her records faxed to Douglas Bream, D.P.M. for ongoing treatment. COUNT I Negligence: Plaintiffv. Rosso 22, Paragraphs I through 21 are hereby incorporated by reference. 23. During the aforesaid physician/patient relationship, and hospital admissions excluding the hospitalization at Holy Spirit hospital and subsequent treatment of DVT, the treatment of Plaintiff Nobles was under the care of, and subject to the supervision of, the defendants herein, acting through their respective servants and employees, all in the course and scope of their respective employments; said defendants were obliged to properly treat and supervise the treatment of Plaintiff Nobles, including the supply of adequate and competent personnel, proper diagnostic testing and referral to specialists, and medical, surgic.al and podiatric care. 24. During the aforesaid course of treatment by Dr. Rosso which occurred during the scope of her employment, and imputed to her master Zlotoff, Gilfert & Gold, P .C., defendant breached her nondelegable duty of care to properly perform, treat, refer, diagnose and interpret appropriate, necessary and adequate surgical procedures, diagnostic tests, and to refer to outside specialists. 25. At all times relevant and material hereto, Dr. Rosso acted or appeared to be acting as defendant professional corporation's servant or employee, contractor, administrator and/or representative in the course and scope of her employment and/or in the furtherance of the business of the defendant corporation. 26. The negligent or otherwise tortious conduct of defendants, acting individually or through their respective agents, servants and/or employees, consisted of the following: a. failure to promptly and properly diagnose Plaintiffs serious condition resulting in unnecessary surgery and delay in treatment; b. failure to promptly and properly diagnose and treat Plaintiff resulting in unnecessary suffering; c. failure to promptly and properly perform or order reasonably necessary and adequate diagnostic tests; d. failure to promptly and properly refer Plaintiff to the appropriate specialists; e. failure to promptly and properly perform and/or interpret adequate and appropriate mdiology tests; f. performance of unnecessary surgery; g. failure to possess the adequate medical, surgical, radiological and podiatric skills, knowledge, experience and techniques in the proper care of Plaintiff; h. failure to properly bring to bear such medical, surgical, radiological and podiatric skills and knowledge as were then possessed, or should have been possessed, in the care and treatment of Plaintiff; I. failure to properly conform to the accepted standard of care of a reasonable podiatrist in the performance of her medical, surgical, radiological and podiatric management of Plaintiff; J. breach of a non-delegable duty to provide quality care to Plaintiff including the provision of medical, surgical and radiological skills possessed by a podiatrist; k. failure of professional corporation to properly supervise that the care and treatment rendered by its servants, contractors, administrators and agents conformed to acceptable standards of care. 27. Specifically, Dr. Rosso: a, failed to properly and timely diagnose Plaintiff's RSD; b. failed to refer Plaintiff for appropriate testing for differential diagnosis ofRSD; c. failed to refer to a neurologist or other physician/specialist for evaluation ofRSD; d. failed to refer to another podiatrist within her group for evaluation of her unrelenting condition; e. put Plaintiff on restricted activity and weight bearing which is contraindicated with RSD and exacerbated the RSD; f. put Plaintiff in an una boot for over a month which is contraindicated with RSD and exacerbated her RSD; and g. performed unnecessary/untimely surgery; the surgery then severely exacerbated the underlying RSD and caused Plaintiff great and irreparable harm. 28. As a direct result of the negligent care and treatment rendered by defendants, acting individually and through their respective agents, servants and employees, Plaintiff has been severely harmed and has been deemed disabled. 29. The injuries to Plaintiff were caused solely and wholly by reason of the negligence of the defendants and were not caused or contributed thereto by any negligence on the part of Plaintiff, 30. Plaintiffs injuries would not have occurred absent the negligent or otherwise tortious conduct of defendants and such injuries were the direct, actual and proximate cause of Plaintiff s injuries. 31. As a result of the conduct of the defendants, Plaintiff has suffered and continues to suffer severe physical pain, disability, extreme mental anguish, and loss of life's pleasures. 32. As a result of the conduct of the defendants, Plaintiff suffered and continues to suffer from mental anguish, depression, anxiety and emotional distress. 33. Plaintiff suffered economic losses, including, but not limited to, loss of income from her employment, future loss of income from employment, medical expenses and future medical expenses. 34. Plaintiff has been unable to attend to her usual duties, labors, avocations, occupational, academic and social activities and will continue to be so restricted for an indefinite time in the future, all to her great financial and personal detriment and loss. 35. Plaintiff has suffered and will continue to suffer a loss of enjoyment ofIite and life's pleasures, all to her great loss and detriment. WHEREFORE, Plaintiff demands judgment in her favor against this defendant in an amount in excess of $25,000 plus costs. COUNT II Negligence Based on Agencv Relationship: Plaintiff v. Zlotoff. Gilfert & Gold. P.C. 36, Paragraphs I through 35 are hereby incorporated by reference. 37. At all times pertinent and material hereto, Dr. Rosso had one or more of the following relationships with defendant corporation: (A) she was a partner or officer of defendant corporation; (B) she was an employee of defendant corporation; and/or (C) she was a contractor who performed services for the benefit of defendant corporation at its aforementioned address in Camp Hill. 38. At all times relevant and material hereto, defendant Rosso was acting during the scope of her employment with defendant professional corporation. 39. Because of allegations are based on the actions, or lack thereof, of Dr. Rosso during her employment with defendant professional corporation, Plaintiff asserts a claim against the professional corporation based on its capacity as master to its servants and/or ostensible agents. 40. Because Dr. Rosso's treatment of Plaintiff occurred during her scope of employment, her actions and inactions are hereby imputed to the master professional corporation. 41. As a direct result of the negligent care and treatment rendered by defendants, acting individually and through their respective agents, servants and employees, Plaintiff has been severely harmed and has been deemed disabled. 42. The injuries to Plaintiff were caused solely and wholly by reason of the negligence of the defendants and were not caused or contributed thereto by any negligence on the part of Plaintiff. 43. Plaintiff's injuries would not have occurred absent the negligent or otherwise tortious conduct of defendants and such injuries were the direct, actual and proximate cause of Plaintiff's injuries. 44. As a result of the conduct of the defendants, Plaintiff has suffered and continues to suffer severe physical pain, disability, extreme mental anguish, and loss of life's pleasures. 45. As a result of the conduct of the defendants, Plaintiff suffered and continues to suffer from mental anguish, depression, anxiety and emotional distress. 46. Plaintiff suffered economic losses, including, but not limited to, loss of income from her employment, future loss of income from employment, medical expenses and future medical expenses. 47. Plaintiff has been unable to attend to her usual duties, labors, avocations, occupational, academic and social activities and will continue to be so restricted for an indefinite time in the future, all to her great financial and personal detriment and loss, 48, Plaintiff has suffered and will continue to suffer a loss of enjoyment of life and life's pleasures, all to her great loss and detriment. WHEREFORE, Plaintiff demands judgment in her favor against this defendant in an amount in excess of $25,000 plus costs. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Respectfully Submitted, /7 (// -?:5 ~."'." / / Renee Knicos Attorney for Plaintiff ~ :rl!7~ . ?ated~ I) ,/ f v - . (/UU'- I Supreme Court ID# 89529 Knicos Law Office, LLC 301 S. Hanover Street, Ste.l Carlisle, PAl 70 13 Tel: 717.249.6808 Fax:717.249.5970 ^ CERTIFICATE OF SERVICE AND NOW, this -A--day of L/~ ,2005, r hereby certifY that r served a true and correct copy of the foreioing document upon counsel of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid in Carlisle, Cumberland County, Pennsylvania, addressed as follows: Larry M. Waranch, Esquire WARANCH & BROWN, LLC 1301 York Road, Suite 300 Luthe ille, Md. 21093 .-,.---- ~--,.'~' ---- ,..............- 9RTIFICATE,?I#l~SERV~C AND NOW, this / J day of L~ I that I served a true and correct copy of the foregoing document upon counsel of record by ,2005, I hereby certify depositing a copy of same in the United States mail, regular delivery, postage prepaid in Carlisle, Cumberland County, Pennsylvania, addressed as follows: Marc T. Levin, Esquire FARRELL & RICCI, P.C. 4423 North Front Street Harrisburg, Pa 17110 .--~_. /'--" / /' I / , Rene ICOS, Esquire Knicos Law Office, LLC 301 S. Hanover Street, Suite I Carlisle, PA 17013 CO') C) TJ ::;:3 r";' C.l (.) en --~ , . . Marc T. Levin, Esquire Attorney LD, No, 70294 FARRELL & RICCI, PC 4423 North Front Street Harrisburg, P A 17110 717-230-9201 Larry M. Waranch, Esquire W ARANCR & BROWN, LLC 1301 York Road, Suite 300 Lutherville, MD 21093 410-821-3505 Counsel for Susan Rosso, D.P.M. and Zlotoff, Gilfert & Gold, a Professional Corporation MARGARET NOBLES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV IA vs, NO, 05-370 SUSAN ROSSO, D.P.M. and ZLOTOFF, GILFERT & GOLD, A Professional Corporation, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS PURSUANT TO RULE 1042.6 To The Prothonotary: Enter judgment of non pros against Plaintiff Margaret Nobles in the profess onal liability claim against Defendants Susan Rosso, D.P.M, and Zlotoff, Gilbert & Go d, a Professional Corporation in the above captioned matter. I, the undersigned, certify that the Plaintiff named above has asserted a profess' nal liability claim against the Defendants named above who are licensed professionals, th t no certificate of merit has been filed within the time required by Pa.R.C.P. 1042,3 and hat there is no motion to extend the time for filing the certificate pending before the court, Date: Y(2sf; 5 """'~:7 By: 11(t--...~ \ Marc T. Levin, Esquire Larry M. Waranch, Esquire o . CERTIA;E OF SERVICE AND NOW, this J 5'!!:aay of Y ,. I ,2005, I hereby certify that I serve a true and correct copy of the foregoing document upon all counsel of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Har' sburg, Pennsylvania, addressed as follows: Renee Knicos, Esquire KNIcos LAw OFFICE, LLC 301 South Hanover Street - Suite 1 Carlisle, P A 17013 ....., 04- C? C) ~ 9,. C-..:.l <.r' -0 ~ ~; ::::J :E <:> rhp 0 ;:::; ~ ~ ", -,.,n, ~'i) 1;:-,:71 (;' ~ (.]1 :1 ,~ ~ .... -;1 S-~) ::n", .'r- f !,,?(') ~ ,,--0 \:.~;rrl ~, ~ ~ (Jl :"lJ W -< . . vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05,370 MARGARET NOBLES, Plaintiff SUSAN ROSSO, D,P.M, and ZLOTOFF, GILFERT & GOLD, A Professional Corporation, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED WITHDRAWAL AND ENTRY OF APPEARANCE To the Prothonotary of Said Court: Please withdraw my appearance as an attorney at Farrell & Ricci, PC and enter my appearance as an attorney at Rhoads & Sinon LLP on behalf of Defendant Susan Rosso, D.P.M. and Zlotoff, Gilfert & Gold, a Professional Corporation in the above captioned action. Date: to/N/oS By~;tu~ ~ Marc T. Levin, Esquire Attorney J.D. 70294 Rhoads & Sinon LLP PO Box 1146 Harrisburg, PA 17108-1146 717-233,5731 CERTIFICATE OF SERVICE AND NOW, this / t/ day of ~ . 2005, I hereby certify that I served a true and correct copy of the foregoing document upon all counsel of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania. addressed as follows: Renee Knicos, Esquire KNIcos LAw OFFICE, LLC 301 South Hanover Street - Suite 1 Carlisle, P A 17013 FARRELL & RICCI, P.C. ~ 'I!~. .-' <g, .,-,.j1, <-- c:. ~ ,- <.J' ~~" .-I ~1 -:.g(\\ ,.Ie? ~:,?\() ~f ~\~ C.?(~) t)(\' ~_.\ -~1 :?- ,..:;,. ~? r:- o