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HomeMy WebLinkAbout14-3541s E C T I 0 1N A L. Supreme Co Cour nnsylvania leas County For Prothonotary Use Only: Petition Declaration of Taking fj1tj , ,p Docket No: bi 1 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the fling and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking ■ Complaint ® Writ of Summons 11 Transfer from Another Jurisdiction ■' Lead Plaintiff's Name: Carlisle Regional Medical Center d/b/a Carlisle Regionag Lead Defendant's Name: Michael S. Filaroski Dollar Amount Requested: s within arbitration limits Are money damages requested? 1 Yes A No (check one) I outside arbitration limits Is this a Class Action Suit? u Yes Q' No Is this an MDJAppeal? [j Yes o No Name of Plaintiff/Appellant's Attorney: Stuart T. O'Neal, Esquire (89097) and Daniel A. Cutler, Esquire (307640) a Self -Represented [Pro Se] Litigant) Check here if you have no attorney (are Is (E C T I O N 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) ® Intentional O Malicious Prosecution Motor Vehicle O Nuisance ® Premises Liability ® Product Liability (does not include mass tort) ® Slander/Libel/ Defamation ® Other: MASS TORT O Asbestos O Tobacco ® Toxic Tort - DES o Toxic Tort - Implant ® Toxic Waste © Other: PROFESSIONAL LIABLITY ® Dental ® Legal ® Medical O Other Professional: CONTRACT (do not include Judgments) ® Buyer Plaintiff ® Debt Collection: Credit Card ® Debt Collection: Other ® Employment Dispute: Discrimination 0 Employment Dispute: Other 0 Other: REAL PROPERTY 0 Ejectment ® Eminent Domain/Condemnation ® Ground Rent ® Landlord/Tenant Dispute ® Mortgage Foreclosure: Residential ® Mortgage Foreclosure: Commercial ® Partition ® Quiet Title ® Other: CIVIL APPEALS Administrative Agencies O Board of Assessment ® Board of Elections Dept. of Transportation Statutory Appeal: Other ® Zoning Board O Other: MISCELLANEOUS ® Common Law/Statutory Arbitration ® Declaratory Judgment ■, Mandamus Non -Domestic Relations ® Restraining Order Quo Warranto ® Replevin ® Other: Updated 1/1/2011 NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us. BURNS WHITE LLC BY: Stuart T. O'Neal, Esquire Daniel A. Cutler, Esquire 100 Four Falls, Suite 515 1001 Conshohocken State Road West Conshohocken, PA 19428 Phone: (484) 567-5700 Fax: (484) 567-5701 E-mail: soneal !,burnswhite.com dacutler@burnswhite.com Attorneys for Movant, Carlisle Regional Medical Center d/b/a Carlisle Regional Pain Managet Clinic IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE REGIONAL MEDICAL CENTER d/b/a CARLISLE REGIONAL PAIN MANAGEMENT CLINIC v. MICHAEL S. FILAROSKI Plaintiff Defendant. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : CIVIL DIVISION NO. 1H- 'S4 Lw : RELIEF IN EQUITY DEMANDED EMERGENCY MOTION FOR PRELIMINARY INJUNCTION OF MOVANT, CARLISLE REGIONAL MEDICAL CENTER D/B/A CARLISLE REGIONAL PAIN MANAGEMENT CLINIC Pursuant to Cumberland County Civil Rule L208.3(a), Pennsylvania Rule of Civil Procedure 1531, and due to the extraordinary and urgent circumstances explained more fully herein, Movant, Carlisle Regional Medical Center d/b/a Carlisle Regional Pain Management Clinic, (hereinafter "Movant" or "Pain Management Clinic"), by and through its counsel, Burns White LLC, hereby files the instant Emergency Motion seeking injunctive relief in the form of a Restraining Order prohibiting Michael S. Filaroski from entering any area within 200 yards of the Pain Management Clinic located at 2 Jennifer Court, Carlisle, PA 17013, and any other s -3-7gp4it bLitissoc), 0 412,-*901lc-a, property in Cumberland County where medical services are provided by Carlisle Regional Medical Center, and in support thereof avers as followsl: 1. Michael S. Filaroski is a former patient of Movant. He was born on April 18, 1973, is 41 years old, and resides in Room 112 of the Pike Motel, located at 1121 Harrisburg Pike, Carlisle, PA 17013. 2. Specifically, Michael S. Filaroski had been receiving outpatient treatment at Pain Management Center for bilateral knee pain. 3. Michael S. Filaroski was discharged from care at Pain Management Center on May 28, 2014 secondary to non-compliance with Pain Management Clinic's Narcotic Agreement. 4. While a patient at Pain Management Clinic, Michael S. Filaroski had a history of abusive and berating telephone calls to Pain Management Clinic staff, during which he would use vulgar and explicit language. The language used by Michael S. Filaroski is not appropriate to be illustrated herein but can be orally communicated to the Court at the hearing. 5. On one occasion, while seated in the Pain Management Clinic waiting area, Michael S. Filaroski informed a fellow patient that he always carried a firearm on his person. Michael S. Filaroski then brandished said firearm, which had been concealed in an ankle holster. 6. On June 4, 2014, Michael S. Filaroski's significant other, whose identity is unknown, contacted Pain Management Center via telephone. LaDawn Enyeart, a radiology technician at Pain Management Clinic, engaged in conversation with the unidentified individual who vehemently demanded that prescription medication be provided to Michael S. Filaroski. Movant acknowledges its obligation under the Emergency Medical Treatment & Labor Act (EMTALA) to ensure public access to emergency health care services. Should Michael S. Filaroski be in need of emergency health care services, Movant will provide such services to stabilize Michael S. Filaroski. Immediately thereafter, he will be transferred to the nearest comparable health provider for continued care. During the conversation, Michael S. Filaroski took possession of the telephone and identified himself to Ms. Enyeart. Michael S. Filaroski was immediately verbally abusive to Ms, Enyeart, screaming into the telephone and using explicit and inappropriate language directed at Ms. Enyeart, including vulgar and explicit name-calling. Ms. Enyeart informed Michael S. Filaroski that he was no longer a patient at Pain Management Clinic and that prescription medication would not be provided. 7. On June 5, 2014, Michael S. Filaroski presented to Pain Management Center for purposes of procuring prescription medication. Michael S. Filaroski spoke to Pain Management Center Officer Coordinator, Eva Black, and demanded that he be given prescription medication. 8. Ms. Black requested that Michael S. Filaroski have a seat in the waiting room while she spoke to nursing staff about his alleged prescription. Michael S. Filaroski refused to sit, instead electing to stand over Ms. Black in a threatening and intimidating manner. 9. Ms. Black conferred with Pain Management Clinic nursing staff and was informed that there was no prescription for Michael S. Filaroski, as he was no longer a patient. 10. Given Michael S. Filaroski's history of erratic, intimidating and abusive behavior, as well as his prior brandishing of a live firearm while in the waiting room at Pain Management Clinic, the nursing staff was concerned that Michael S. Filaroski presently possessed a firearm. The nursing staff was immediately concerned for their safety, as well as the safety of Pain Management Clinic staff and patients present at the facility. 11. A call was then placed by Pain Management Clinic staff to Carlisle Regional Medical Center, requesting that a security officer be sent to address the situation. 12. Carlisle Regional Medical Center immediately issued a "Code Orange", requesting that additional staff be sent to the Pain Management Clinic for purposes of addressing the situation. 13. Additionally, a "Code Yellow" was called, requesting security personnel be dispatched to the Pain Management Clinic. Finally, a "Code Green" was called, locking down Carlisle Regional Medical Center to prevent Michael S. Filaroski's entry onto the premises. 14. At approximately 3:05 p.m., Carlisle Regional Medical Center Security Officer Brian McWilliams was dispatched to the Pain Management Clinic. 15. Upon Ms. Black's return to the waiting room, Security Officer McWilliams, was present. 16. According to Security Officer McWilliams' CRMC Incident Report, he did not observe any weapons in Michael S. Filaroski's hands or waistband, but did notice a bulge in the area of the right ankle, which he perceived to be a possible concealed firearm. Security Officer McWilliams ultimately escorted Michael S. Filaroski out of the building. A true and correct copy of Security Officer McWilliams' CRMC Incident Report Form dated June 5, 2014 is attached hereto as Exhibit "A". 17. Security Officer McWilliams informed Pain Management Clinic staff that it was not safe to allow Michael S. Filaroski re-entry to the building and that he wanted Michael S. Filaroski off of the property for the safety of Pain Management Clinic staff and patients, as Michael S. Filaroski may have possessed a concealed firearm. See Exhibit "A". 18. Michael S. Filaroski ultimately left the premises without further incident and did not return. 19. Pennsylvania State Police arrived on scene at approximately 3:12 p.m. 20. Security Officer McWilliams and Pennsylvania State Police Nelson suggested to Pain Management Clinic staff that a certified letter be generated instructing that Michael S. Filaroski not be allowed on the property of 2 Jennifer Court, Carlisle, PA. See Exhibit "A". 21. The abusive behavior of Michael S. Filaroski directed toward Pain Clinic Management staff, including, but not limited to, LaDawn Enyeart and Eva Black, combined with knowledge of his previous brandishing of a firearm, have placed Movant's staff in fear of imminent and irreparable harm. 22. Upon information and belief, Michael S. Filaroski remains at large in the Cumberland County community. 23. Movant is gravely concerned that Michael S. Filaroski will return to Carlisle Regional Medical Center facilities, including Pain Management Clinic, with a firearm, placing staff and patients in danger of imminent, irreparable harm. Out of an abundance of caution, Movant pleads for the relief prayed for below. 24. In order to prevent such an occurrence, Movant respectfully requests that this Court enter an Emergency Order precluding Michael S. Filaroski from coming within 200 yards of any Carlisle Regional Medical Center facility, including Pain Management Clinic, until such time as a full evidentiary hearing on permanent injunction can be conducted. ***Intentionally left blank*** WHEREFORE, Movant, Carlisle Regional Medical Center d/b/a Carlisle Regional Pain Management Clinic, respectfully requests that due to the extraordinary and urgent circumstances presented by Michael S. Filaroski's conduct, this Honorable Court enter the accompanying Order and schedule an immediate hearing on this Emergency Motion. BY: Respect itt d, BUb, TE, LLC Stu . O'Neal, Esquire Daniel A. Cutler, Esquire Attorneys for Movant Carlisle Regional Medical Center d/b/a Carlisle Regional Pain Management Clinic VERIFICATION 1, Stuart T. O'Neal, hereby certify that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements made therein are made subject to the penalties of 18 Pa. C.Sitin 4904 (relating to unsworn falsification to authorities). By: Date: Stua O'Neal, Esquire EXHIBIT "A" CRMO Incident Report Form File Code Date Time Offense 1 Thursday, June 05, 2014 Fir (Code Yellow Victim Information Location Buiidin 12 Jennifer Ct • w�.. _ _ _ . - Value $0.000 Weather IN/A Name Address Phone Race D.O.B. Sex Hospitalized at Carlisle D Suspect Information Name (Michael Filarski Address Height Weight: Hair Eyes ecription D.O.B. Race Sex (Caucasian j !Male Vehicle Information L Vehicle 1 Vehicle 2 Year Make Model Color State (Registration I Jtruck _ ,Black 1 Year Make Model I Color State Registration ra1•1111111IIMIIIIIMIIIII FENN I I 1 At approximetly 1505 hours ! was dispatched to the Pain clinic at 2 Jennifer Court for a paitent who was upeset and had a possible weapon. At approximetly 1507 hours I arrived at the pain clinic. Upon my arrival I Met with the staff members in the back room to get further information. I was Informed by Eva Black that Michael Filarski was no longer a paitent and wanted perscriptions for meds. In addition I also was informed that Mr.Filarski had called on the phone the day before he showed up and was verbally abusive and angry to a staff member, this happened on 06/04/2014.1 then approached Mr. Filarski in the lobby while the rest of the staff stayed in the back hallway, I did not notice any weapons in Mr. Filarski hands and his waistband and pocket areas showed no visability of a weapon. There did appear to be a bulge in the area of the right ankle. Mr. Filarski informed me that he was waiting for a script from the doctor, I informed him that he was not getting any perscriptions. Mr. Filarski then stated that he was suppose to meet with the doctor in the back office area, I asked him to wait outside of the building and that 1 ouid go talk to the doctor for him. I then approached the staff at the pain clinic and informed them it was not a safe to let him in the back and that I wanted him off the property for everyones safety since he possibly had a concealed firearm. When 1 approached Mr. Filarski again to talk to him outside the building he had a little girl with him, he then started walking to his truck with the girl. I then went back to the front door area to ake sure he did not re-enter the building. He drove off in a black Pickup truck possibly a Ford design with a gold colored out of state plate that was bent up so I could not recognize the state.At approximetly 1512 hors PSP trooper Nelson arrived and 1 provided him with additional information and he also spoke with some of the pain clinic staff. The administrative team, hospital staff and risk management also arrived at various times to the pain clinic for the code yellow, I stayed in the area until 1610 hours to provide security to the facility. Since there were no more paitents arriving after 1600 hours I locked the interior and side doors to the pain clinic but left the front entrance open. I also suggested a certified letter be generated not to allow Michael Filarski on the property of 2 Jennifer Court and that was suggested by PSP as well. At 1610 hours I cleared the area and went back into service. Employee ID S/O Name SIO Signature 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CARLISLE REGIONAL MEDICAL CENTER d/b/a CARLISLE REGIONAL PAIN COURT OF COMMON PLEAS MANAGEMENT CLINIC CUMBERLAND COUNTY CIVIL DIVISION Plaintiff V. NO. r RELIEF IN EQUITY DEMANDED r,> ' MICHAEL S. FILAROSKI � , Defendant. ¢ ORDER AND NOW, this 13 J{- , day ofjt-le ,lv/ , 2014, upon consideration of the Emergency Motion for Preliminary Injunction of Movant, Carlisle Regional Medical Center d/b/a Carlisle Regional Pain Management Clinic, it is hereby ORDERED and DECREED that said Motion is GRANTED, and Michael S. Filaroski is PROHIBITED from entering any area within 200 yards of the Pain Management Clinic located at 2 Jennifer Court, Carlisle, PA 17013, and any other property in Cumberland County where medical services are provided by Carlisle Regional Medical Center, effective immediately, until the time of emergency hearing on this (� Motion, scheduled for the Z -�L day of , 2014, at ,9- 36, A •Al 1�n-� ,*A& At the time of hearing, Movant will seek relief in the form of permanent injunction, PROHIBITING Michael S. Filaroski from entering any area within 200 yards of the Pain Management Clinic located at 2 Jennifer Court, Carlisle, PA 17013, and any other property in Cumberland County where medical services are provided by Carlisle Regional Medical Center. g S �� J. CARLISLE REGIONAL MEDICAL CENTER IN THE COURT OF COMMON PLEAS OF d/b/a CARLISLE REGIONAL PAIN CUMBERLAND COUNTY, PENNSYLVANIA MANAGEMENT CLINIC, Plaintiff V. . CIVIL ACTION - LAW MICHAEL S. FILAROSKI, NO. 14-3541 CIVIL TERM Defendant RELIEF IN EQUITY DEMANDED IN RE: EMERGENCY MOTION FOR PRELIMINARY INJUNCTION OF MOVANT, CARLISLE REGIONAL MEDICAL CENTER d/b/a CARLISLE REGIONAL PAIN MANAGEMENT CLINIC ORDER OF COURT AND NOW, this 24th day of June, 2014, upon consideration of the Motion for Permanent Injunction filed by Carlisle Regional Medical Center, doing business as Pain Management Clinic, and following a hearing wherein testimony was presented on behalf of Carlisle Regional Medical Center, and the Defendant having failed to appear, despite notice being sent to him of the hearing, it is hereby ordered that the motion for permanent injunction is hereby granted. Michael S . Filaroski is permanently prohibited from entering any area within 200 yards of the Carlisle Regional Medical Center and the Pain Management Clinic located at 2 Jennifer Court, Carlisle, PA 17015, and any other property where medical services are provided by the Carlisle Regional Medical Center. By the Court, Chris lee L. Peck, J. Burns White Harry P. McGrath, Jr. , Esquire 575 Pierce Street Suite 202 Kingston, PA 18704 For the Plaintiff Michael S. Filaroski, Defendant Pro Se :2: Pike Motel �DC- t Room 112 ,f� 1121 Harrisburg Pike wr- r") r Carlisle, PA 17013 �2: Pcb na.. .