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HomeMy WebLinkAbout14-5460 Supreme Courf'of-Pennsylvania Courf of Common_Pleas For Prothonotary Use Only: Civil:Coven Sheet Docket No: K� County H J 7 �i The information collected ort thi.s.fortn is ((sed soleh:,for court administration purposes. This form does not supplement or replace the pilin,and service of pleadings or outerpapers as required 17V lalV or 1'illC'S Uf COGII"t. Commencement of Action: S `Complaint ❑ Writ of Summons ❑ Petition ❑ E Transfer from Another Jurisdiction F-1Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: Mon ro V S1 rhS t C Carlisk iono-L Medicr�Q CQ: er/arhsle/Pf4 T °i I Are money damages requested? es El No Dollar Amount Requested: ❑within arbitration limit (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑Yes [9-150— Is this an MDJAppeal? ❑ Yes _ A Name of Plaintiff/Appellant's Attorney: :heck here i;t tats hay e no attorney ('are a Self-Rep/-esented IPro SejLitigant) 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation S ❑ Premises Liability El Statutory Appeal: Other ❑ Product Liability(does not include £j mass tort) ElEmployment Dispute: ❑ Slander/Libel/Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board t T ❑ Other: f I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: El Ejectment ❑ Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑Declaratory Judgment ❑ Ground Rent ❑ Mandamus El Landlord/Tenant Dispute ❑Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: Iedical ❑ Other: ❑ Other Professional: Updated 1/1/2011 t. 7 1. CUMBERLAND COUNTY Plaintiff Vera Chapman,Executor of the Estate of Michael ' 4J. L" " DeGrace;Deceased PlaintiffCOMPLAINT I / I 836 i t i'¢si&4S `fir;ve *Ur1/ cmmeISput"' VS. 17o3q l `� MANOR CARE HEALTH SERVICES,CARLISLE PENNSYLVANIA, qqo "ftd!60 Ra/C'a %ja f CARLISLE`REGIONAL MEDICAL,CENTER;'CARLISLE PA 361 (L4N le,?A. i70l 5- graq • : I 'F,. r �,.. . ~o . HERSHEY MEDICAL CENTER, HERSHEY, PENNSYLVANIA -G cis —4 C « , C7f:� Defendant Cn :a T' 'Ile ra Facts 1. That Shy DeGrace,is a resident of the State of Virginia and is the surviving daughter of the late Michael DeGrace. y 2. That Vera-Chapman is th'e'surviving spouse of the late Michael DeGrace and is the Personal Representative of the Estate of Michael DeGrace and resides in the State of Pennsylvania. 3. That LaToya DeGrace is a resident of the State of`Pennsylvania and is the surviving daughter of Michael DeGrace. 4. That the late Michael-DeGrace was'a:patient!at Carlisle Regional Medical Center at [address], and received medical care and treatment at the Defendant's hospital from the time�period`of approximately"May 2011;,`up`to the time-,bf.his;death on September 13,:2012. 4}a 5. That Michael DeGrace was a patient at Penn State Hershey Milton S. Hershey Medical Center'in Hershey; Pennsylvania,'andireceived 'Medical care and treatment at the t %e- 311 I Defendant/s hospital from the time period of approximately April 13, 2010, up to the time of his death on September 13, 2012. 6. That Michael DeGrace was an inpatient hospice resident and received inpatient medical services at Manor Care Health Services at 940 Walnut Bottom Road, Carlisle, Pennsylvania from the period of June 11, 2011 up to the time of his death on September 13, 2012. 7. That Michael DeGrace was diagnosed with fibrosarcoma arising from the right scapula in March 2010. 8. That Michael DeGrace received surgical intervention and other medical services limited to including but not limited limb -sparing surgical intervention, chemotherapy, radiation therapy, and several blood transfusions at Hershey Medical Center beginning approximately on June 10, 2010. 9. That Michael DeGrace suffered from sepsis resulting from an intravascular line infection and acute renal failure secondary to dehydration which occurred during chemotherapy treatment performed by Penn State Hershey Medical Center, and received inpatient treatment for this infection during the period of June 15, 2010 to June 24, 2010. 10. That Michael DeGrace was diagnosed with grade ll fibrosarcoma metastatic to the lungs with secondary lower extremity paralysis with a complete lack of sensation from the waist down on May 24, 2011. 11. That Michael DeGrace received a chronic indwelling Foley catheter, which was maintained by staff at ManorCare Health Services. The patient experienced chronic urinary tract infections since approximately August 5, 2011 up to his death on September 13, 2012. 12. That Michael DeGrace suffered from deep vein thrombosis, diagnosed by Hershey Medical Center in Hershey, Pennsylvania on August 10, 2011. 13. That Michael DeGrace was diagnosed with healthcare associated pneumonia and sepsis secondary to MRSA bacteremia due to MRSA sacral decubitus ulcers during the period of July 7, 2011 up to the time of his death on September 13, 2012. 14. That Michael DeGrace was transferred to Carlisle Regional Hospital by Dr. Darryl Gustwite of ManorCare because of a positive chest x-ray, hypoxia, and chest pain. 2 P 15.That on September 11, 2012, a physician at Carlisle Regional Hospital updated the medical record of Michael DeGrace to state that the patient was listed as HIV-positive in the hospital emergency department records.The physician also states that this information was not noted in any other medical records in-house or external.The method of testing and confirmatory testing is not mentioned in the medical records. 16. That Michael DeGrace died of septic shock secondary to pneumonia and a urinary tract infection on September 13, 2012 at Carlisle Regional Medical Center, in Cumberland County, Pennsylvania. 17. That Manor Care owed a duty to Michael DeGrace to provide services within an acceptable standard of medical care within the medical community, and ManorCare Health Services, Penn State Hershey Medical Center, and Carlisle Regional Medical Center breached this standard of care by failing to control for health-care setting acquired infections,failing to appropriately and accurately diagnose the patient condition, and providing substandard treatment. 18. That as a direct and proximate result of ManorCare Health Services, Penn State Hershey Medical Center, and Carlisle Regional Medical Center failure to provide the proper medical care mentioned in paragraph 17 above, and by breaching the applicable standard of medical care owed to the late Michael DeGrace, by and through its employees/servants,the late Michael DeGrace suffered septic shock secondary to urinary tract infection and pneumonia,which was the proximate cause of death. 19. That all of the injuries, damages, and death sustained by the late Kenneth Parks resulted from the negligent actions and breaches of the applicable standards of medical care by ManorCare Health Services, Penn State Hershey Medical Center, and Carlisle Regional Medical Center and through its employees and agents, without any act or omission on the part of the late Michael DeGrace, or on any part of the Plaintiffs herein, directly thereunto contributing. 20. That the late Michael DeGrace and all of the Plaintiffs herein did not assume the risk of Michael DeGrace's injuries and death. 21.That as a direct and proximate result of the negligent actions and breaches of the applicable standards of medical care by the Defendant; Michael DeGrace suffered physical injuries, conscious pain and suffering, and other damages. Count I: Medical Malpractice/Wrongful Death 22. The Plaintiffs re-allege and incorporate by reference herein all of the allegations contained in paragraphs 1-21 above. 23. That on or about June 10, 2010, and thereafter, the Defendants by and through their employees/servant/agents breached the applicable standard of medical care by the defendant, by and through their nurses, employees, and medical staff, resulting in the 3 death of the late Michael DeGrace, the Plaintiffs sustained those damages to include but not limited to, mental anguish, emotional pain and suffering, and loss of companionship. Wherefore:the Plaintiffs Shy DeGrace, Vera Chapman, and LaToya DeGrace individually, claim monetary damages against the Defendant in an amount that exceeds the jurisdiction of the ,to be determined at trial, plus costs, and for any further relief that this Honorable Court determined necessary and appropriate. Count II: Medical Malpractice/Negligence/Survival Action 24. The Plaintiffs re-allege and incorporate by reference herein all of the allegations contained in paragraphs 1-23 above. 25.That the Estate of Michael DeGrace was opened on or about November 15, 2012 in Cumberland County, Pennsylvania, and Vera Chapman was appointed as Personal Representative of the Estate. 26. That Vera Chapman, as the Personal Representative of the Estate of Michael DeGrace brings this claim for the conscious pain and suffering and physical injuries, medical expenses, and other damages that the late Michael DeGrace experiences from June 10, 2010, up to the time of his death on September 13, 2012, as a direct and proximate result of the negligence and breaches of the applicable standard of medical care by the Defendants, by and through its nurses, employees, and medical staff. Wherefore: Plaintiff Vera Chapman, and Personal Representative of the Estate of Michael DeGrace claim monetary damages against the Defendants in an amount that exceeds the jurisdiction of the , to be determined at trial, plus costs, and for any further relief that this Honorable Court determined necessary and appropriate. Respectfully submitted, Vera Chapman 8301 Presidents Drive#1111 Hummelstown, PA 17034 (717)809-8448 (717)370-7448 4 Esfr—ie MIUNLILL e.C-ItQUCk 491 at'A vs ear ( ecIr if5 le Car EISI P-esiored 114 d:c 01_ C+/- IC0(161e.-Pft Hershc, Md -1 c-4-, 14 -US 10 PRAECIPE 15 coryip a cat, Plea iA s+0.1 -Q. David D. Buell, Prothonotary 20 In the Court of Common Pleas of Cumberland County, Pennsylvania No. 1 Li -51 D Civil Term Attorney Info: c Pre5idcA+s Dovo-ltl( 14-try‘mcdc-kwn (1)/1 1-70-6 7 f7 109-Wq 717 -5q) WV LZ 1301110Z or Plaintiff teric(o ris—pc /1/6 MCQUAIDE BLASKO, INC. By: Jonathan B. Stepanian, Esquire Attorney I.D. No. 89147 jbstepanian@mqblaw.com 1249 Cocoa Avenue, Suite 210 Hershey, PA 17033 (717) 533-4444 (717) 533-2043 (fax) VERA CHAPMAN, Executor of the Estate of Michael DeGrace, Deceased Plaintiff. Plaintiff v. MANOR CARE HEALTH SERVICES, CARLISLE REGIONAL MEDICAL CENTER, HERSHEY MEDICAL CENTER Defendants w -- 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 14-5460 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE To: CUMBERLAND COUNTY PROTHONATARY PLEASE ENTER our appearance on behalf of Defendant Hershey Medical Center in the above -captioned matter. We are authorized to accept service on their behalf McQUAIDE BLASKO Dated: Z I � /1(4 By: nathan B. Stepanian MCQUAIDE BLASKO, INC. By: Jonathan B. Stepanian, Esquire Attorney I.D. No. 89147 jbstepanian@mgblaw.com 1249 Cocoa Avenue, Suite 210 Hershey, PA 17033 (717) 533-4444 (717) 533-2043 (fax) VERA CHAPMAN, Executor of the Estate of IN THE COURT OF COMMON PLEAS OF Michael DeGrace, Deceased Plaintiff ; CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL DIVISION v. MANOR CARE HEALTH SERVICES, NO. 14-5460 CARLISLE REGIONAL MEDICAL CENTER, HERSHEY MEDICAL CENTER ; JURY TRIAL DEMANDED Defendants AFFIDAVIT OF SERVICE Jonathan B. Stepanian, attorney for Defendant, Hershey Medical Center in the above -captioned matter, after having been duly sworn according to law, deposes and says that our Entry of Appearance on Behalf of Defendant, Hershey Medical Center was sent by regular mail at the post office Hershey, Pennsylvania, postage prepaid, this 1 day of 2014 to the attorneys/parties of record: Vera Chapman (pro se) 8301 Presidents Drive #1111 Hummelstown, PA 17034 McQUAIDE BLASKO Sworn to and Sub cribed bef+re me this jS day of 2014. Notary Public HEALTH OF.PENNSYLVANIA NOTARIAL SEAL DEANNA M HOEY Notary Public DERRY TWP, DAUPHIN.000NTY My Cemmission Expires Mar 7, 2017 By: athan B. Stepanian GROSS McGINLEY, LLP BY: HOWARD S. STEVENS, ESQUIRE I.D. NO. 42848 BY: ANDREW H. RALSTON, ESQUIRE I.D. NO. 88770 BY: JENNIFER L. WEED, ESQUIRE I.D. NO. 202636 33 S. 7TH STREET, P.O. BOX 4060 ALLENTOWN, PA 18105-4060 (610) 820-5450 ATTORNEYS FOR DEFENDANT, CARLISLE HMA, LLC d/b/a CARLISLE' REGIONAL MEDICAL CENTER 72.7 ri VERA CHAPMAN, Executor of the ESTATE OF MICHAEL DEGRACE, Deceased, Plaintiff, vs. MANORCARE HEALTH SERVICES; CARLISLE REGIONAL MEDICAL CENTER; HERSHEY MEDICAL CENTER, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 14-5460 CIVIL ACTION - LAW MEDICAL MALPRACTICE PROFESSIONAL LIABILITY ACTION • TRIAL BY A JURY OF TWELVE MEMBERS AND TWO ALTERNATES DEMANDED NOTICE TO PLEAD TO: PLAINTIFF, VERA CHAPMAN YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ATTACHED PRELIMINARY OBJECTIONS WITHIN THE TIME PERIOD PRESCRIBED BY THE PENNSYLVANIA RULES OF CIVIL PROCEDURE AND/OR LOCAL RULES FOR THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, OR A JUDGMENT MAY BE ENTERED AGAINST YOU. THE SAME IS HEREBY CERTIFIED TO BE A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE. BY: GROSS McGINLEY, LLP oward S. Stevens, Esquire ID. 42848 Andrew H. Ralston, Esquire I.D. 88770 Jennifer L. Weed, Esquire I.D. 202636 Date: Ia. 07. I4 33 S. 7th Street, P.O. Box 4060 Allentown, PA 18105-4060 610-820-5450 GROSS McGINLEY, LLP BY: HOWARD S. STEVENS, ESQUIRE I.D. NO. 42848 BY: ANDREW H. RALSTON, ESQUIRE I.D. NO. 88770 BY: JENNIFER L. WEED, ESQUIRE I.D. NO. 202636 33 S. 7TH STREET, P.O. BOX 4060 ALLENTOWN, PA 18105-4060 (610) 820-5450 ATTORNEYS FOR DEFENDANT, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER VERA CHAPMAN, Executor of the ESTATE OF MICHAEL DEGRACE, Deceased, Plaintiff, vs. MANORCARE HEALTH SERVICES; CARLISLE REGIONAL MEDICAL CENTER; HERSHEY MEDICAL CENTER, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 14-5460 CIVIL ACTION - LAW MEDICAL MALPRACTICE PROFESSIONAL LIABILITY ACTION TRIAL BY A JURY OF TWELVE MEMBERS AND TWO ALTERNATES DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER, TO PLAINTIFF'S COMPLAINT NOW COMES Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center (incorrectly named as "Carlisle Regional Medical Center", and hereinafter referred to as "CRMC" or "Objecting Defendant"), and hereby files these Preliminary Objections to Plaintiffs Complaint pursuant to Pa.R.C.P. 1028: 1. Plaintiff initiated this action via the filing of a Complaint dated September 15, 2014. (A true and correct copy of Plaintiffs Complaint is attached as Exhibit "A"). 2. Plaintiffs Complaint purports to assert a medical negligence claim against all Defendants without any explanation of each individual Defendant's role in the alleged negligence. Instead, Plaintiff simply lumps all Defendants together in each allegation. 3. Plaintiffs factual averments state that the decedent, Michael DeGrace, died of septic shock secondary to pneumonia and a_ urinary tract infection on September 13, 2012 at CRMC. (Ex. A, ¶16). The Complaint, however, sets forth no factual allegations that describe how the alleged actions, or inactions, of Objecting Defendant caused or contributed to Mr. DeGrace's death. (Ex. A). 4. Rather, Plaintiffs Complaint contains nothing but vague and unsubstantiated allegations that all the Defendants breached the standard of care by "failing to control for health- care setting acquired infections, failing to appropriately and accurately diagnose the patient [sic] condition, and providing substandard treatment." (Ex. A, ¶17). 5. Plaintiff seeks damages under the Wrongful Death Act and the Survival Act. (Ex. A, ¶¶23-26). 6. Because Plaintiffs Complaint contains numerous pleading insufficiencies, CRMC files these Preliminary Objections. I. PRELIMINARY OBJECTION IN THE FORM OF A MOTION TO STRIKE FOR USE OF VAGUE AND OVER BROAD AGENCY ALLEGATIONS 7. Objecting Defendant incorporates by reference all paragraphs above of these Preliminary Objections, as if set forth at length hereinafter, as expressly permitted by Pa.R.C.P. 1019(g). 2 8. Plaintiff's Complaint is replete with general, boilerplate allegations which do not contain the material facts required under Pa.R.C.P. 1019(a). To illustrate, paragraphs 19, 23 and 26 make vague and over broad allegations that all the Defendants acted negligently through "their nurses, employees, and medical staff'. (Ex. A, ¶¶19, 23, 26). 9. These vague and over broad allegations seek to improperly impose liability upon the Objecting Defendant for the alleged acts or omissions of certain unidentified individuals. 10. The Superior Court of Pennsylvania is clear that, "[w]hile it is unnecessary to plead all the various details of an alleged agency relationship, a complainant must allege, at a minimum, facts which: (1) identify the agent by name or appropriate description." Rachlin v. Edmison, 813 A.2d 862, 870 (Pa. Super. 2002) (quoting Alumni Ass 'n Delta Zeta Zeta of Lambda Chi Alpha Fraternity v. Sullivan, 535 A.2d 1095 (Pa. Super. 1987). 11. Due to the generality of simply naming different various employment titles for all Defendants, with no specificity, the Objecting Defendant is unable to ascertain the identities of the employees for which the Plaintiff seeks to hold the Objecting Defendant accountable. 12. The references in the Plaintiff's Complaint to unidentified agents, ostensible agents, servants, and/or employees is prejudicial to the Objecting Defendant since such averments are sufficient to toll the statute of limitations, yet permit the Plaintiff to amend the Complaint at any time to include new theories of recovery based upon conduct of presently unidentified individuals. 13. The aforementioned allegations are objectionable under the principles set forth in Connor v. Allegheny General Hosp., 461 A.2d 600 (Pa. 1983) (holding that language used in the 3 complaint must be specific enough as not to allow the plaintiff to assert new causes of action or theories of liability based on what has been timely pled). WHEREFORE, Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, respectfully requests this Honorable Court to strike paragraphs 19, 23 and 26 of Plaintiffs Complaint as they refer to unidentified employees, servants, and/or agents of the Objecting Defendant. II. PRELIMINARY OBJECTION IN THE FORM OF A MOTION TO STRIKE FOR USE OF VAGUE AND OVER BROAD NEGLIGENCE ALLEGATIONS 14. Objecting Defendant incorporates by reference all paragraphs above of these Preliminary Objections, as if set forth at length hereinafter, as expressly permitted by Pa.R.C.P. 1019(g). 15. Pa.R.C.P. 1028(a) (2) allows for preliminary objections for the failure of a pleading to conform to law or rule of court. 16. Pa.R.C.P. 1019(a) requires that each cause of action be pled with material facts in support thereof. A plaintiffs complaint must provide the defendants with notice of what the plaintiff intends to prove at trial so that the defendant may prepare to meet such proof with his or her own evidence. Miketic v. Baron, 675 A.2d 324, 330 (Pa. Super. 1996); Weiss v. Equibank 460 A.2d 271 (Pa. Super. 1983). 17. The Pennsylvania system of fact -pleading requires that a pleading must define the issues and every act or performance essential to that act must be set forth in the complaint. Cardenas v. Schober, 783 A.2d 317, 325 (Pa. Super. 2001); City of Philadelphia v. Kane, 438 A.2d 1051 (Pa. Cmwlth. 1982). 4 18. Material facts giving rise to a defendant's alleged negligence must be pled in the complaint with specificity. See Connor, supra, 461 A.2d at 602 n.3. 19. Interpreting Connor, courts have stressed that, "[t]he Pennsylvania Supreme Court has ruled that parties may not make general allegations of negligence using `boilerplate language' such as 'in otherwise failing to exercise due care and caution under the circumstances."' Liguori v. Wind Gap Chiropractic Ctr., 75 Pa. D. &C.4th 106, 111 (C.C.P. 2005). 20. While Plaintiff's Complaint purports to assert causes of action of negligence and vicarious liability against the Objecting Defendant, the allegations are insufficiently specific and do not conform to Pennsylvania's fact -pleading requirements. 21. The only alleged "fact" that can be discerned from the Complaint as to Objecting Defendant is that the decedent died of septic shock secondary to pneumonia and a urinary tract infection on September 13, 2012 when at CRMC. (Ex. A, ¶16). 22. No specific, material facts are set forth which would enable the Objecting Defendant to answer Plaintiff's allegations. (Ex. A).' 23. Merely stating that the decedent died due to the "negligent actions" (see Ex. A, ¶119, 21, 26), of all Defendants is not enough to meet the standards of Pa.R.C.P. 1019(a). Cardenas, supra, 783 A.2d at 325 ("The complaint must apprise the defendant of the claim being 1 In addition, Plaintiff's Complaint contains improper allegations that the claimed damages "include but [are] not limited to" a litany of improperly pled damages under the Wrongful Death Act, as discussed below. (Ex. A, ¶23); see Kapacs v. Martin, 81 Pa.D. &C.4th 509, 518 (C.C.P. 2006) (holding that the phrase "including but not limited to" should be stricken since it "allows the plaintiff far too much latitude to include activities and allegations not previously pled . . at some later point- in the litigation to the detriment of the defendants."). 5 asserted and summarize the material facts needed to support the claim."); Kapacs v. Martin, 81 Pa.D. &C.4th 509, 518 (C.C.P. 2006) ("It is beyond cavil that, in a medical malpractice action catch-all allegations are not proper assertions of negligence as they do not apprise the defendant of his conduct that the plaintiffs allege as improper or negligent.") (emphasis in original). 24. Plaintiff's failure to sufficiently plead her claims prejudices the Objecting Defendant as it is currently unable to adequately prepare a defense to the Complaint. Further, the open-ended and vague allegations in the Complaint leave the door open for Plaintiff to amplify her claim, or add novel theories at any time, which is prejudicial to CRMC. See Connor, supra; see also Blair v. Mehta, 67 Pa.D. &C.4th 246, 253-54 (C.C.P. 2004) ("Based on Connor v. Allegheny General Hospital [citation omitted], and its progeny, the language used in the complaint must also be specific enough as not to allow the plaintiff to assert new causes of action or theories of liability at a later date under the guise of merely amplifying what has been timely pleaded.") 25. Because Plaintiff's Complaint fails to set forth any specific, material facts to support its vaguely pled negligence allegations, it must be stricken in its entirety for failure to pled in conformity with law or rule of court. See, e.g., Blair, supra (granting preliminary objections and striking plaintiff's all of negligence allegations which failed to set forth enough material facts to allow the defendant to prepare a defense). WHEREFORE, Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional. Medical Center, respectfully requests this Honorable Court to strike Plaintiff's Complaint in its entirety for failure to plead negligence allegations in conformity with law or rule of court. 6 III. PRELIMINARY OBJECTION IN THE FORM OF A DEMURRER TO PLAINTIFF'S WRONGFUL DEATH ACT CLAIM 26. Objecting Defendant incorporates by reference all paragraphs above of these Preliminary Objections, as if set forth at length hereinafter, as expressly permitted by Pa.R.C.P. 1019(g). 27. Insufficient pleadings may be struck by way of a preliminary objection in the nature of a demurrer pursuant to Pa.R.C.P. 1028(a) (4). A demurrer asserts that a complaint fails to state a claim upon which relief can be granted. Sutton v. Miller, 592 A.2d 83 (Pa. Super. 1991). 28. In Count I of the Complaint under the Wrongful Death Act, Plaintiff requests damages for "mental anguish, emotional pain and suffering and loss of companionship" on behalf of herself and others. (Ex. A, ¶23). No other damages are sought in Count I. (Id.) 29. "Wrongful death damages are implemented to compensate the spouse, children, or parents of the deceased for the pecuniary loss they have sustained by the denial of future contributions decedent would have made in his or her lifetime... This action is designed only to deal with the economic effect of the decedent's death upon these specified family members." Moyer v. Rubright, 651 A.2d 1139, 1141 (Pa. Super. 1994); see also Kiser v. Schulte, 648 A.2d 1, 4 (Pa. 1994). 30. The damages requested by Plaintiff under the Wrongful Death Act are legally insufficient under Pennsylvania law and must be dismissed. Id. 31. In addition, Plaintiff has not properly pled a Wrongful Death Act claim. Under the Wrongful Death Act, 42 Pa.C.S.A. §8301 (1978), only certain designated beneficiaries may 7 bring a cause of action for the death of an individual and a pecuniary loss by one in a family relation is required. Berry v. Titus, 499 A.2d 661, 664 (Pa. Super. 1985) (citing Manning v. Capelli, 411 A.2d 252, 254 (Pa. Super. 1979)). 32. To state a legally sufficient claim under the Act, a plaintiff must plead these statutory requisites as well as the allowable damages under the Act. The failure to properly plead this claim warrants its dismissal. See MacLeod v. Russo, 13 Pa.D.&C.5th 110, 121 (C.C.P. 2010) (granting preliminary objections on Wrongful Death Act claim where the plaintiff did not plead a legally cognizable action; complaint asserted a claim on behalf of "plaintiff's surviving children, rather than decedent's surviving children"). 33. Because Count I of the Complaint completely fails to set forth a legally cognizable claim under the Wrongful Death Act, the Objecting Defendant's Preliminary Objection must be sustained and the claim dismissed. WHEREFORE, Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, respectfully requests this Honorable Court to dismiss Count I of Plaintiff's Complaint for legal insufficiency. IV. PRELIMINARY OBJECTION IN THE FORM OF A DEMURRER TO PLAINTIFF'S SURVIVAL ACT CLAIM 34. Objecting Defendant incorporates by reference all paragraphs above of these Preliminary Objections, as if set forth at length hereinafter, as expressly permitted by Pa.R.C.P. 1019(g). 35. Insufficient pleadings may be struck by way of a preliminary objection in the nature of a demurrer pursuant to Pa.R.C.P. 1028(a) (4). A demurrer asserts that a complaint fails 8 to state a claim upon which relief can be granted. Sutton v. Miller, 592 A.2d 83 (Pa. Super. 1991). 36. Count II of the Complaint purports to assert a Survival Act claim, and requests damages "for the conscious pain and suffering and physical injuries, medical expenses, and other damages that the late Michael DeGrace experienced from June 10, 2010, up to the time of his death on September 13, 2012." (Ex. A, ¶26). 37. Plaintiff has pled damages that are not recoverable under the Survival Act, 42 Pa.C.S.A. §8302. 38. Under the survival statute, the damages are essentially those for conscious pain and suffering between the time of injury and death. Myer v. Rubright, 651 A.2d 1139, 1141 (Pa. Super. 1994); Nye v. Commonwealth, Dept. of Transportation, 480 A.2d 318 (Pa. Super. 1984).2 The survival action has its genesis in the decedent's injury, not his death, and "damages are measured only by the pecuniary loss to the decedent and his estate." Tulewicz v. SEPTA, 606 A.2d 427, 431 (Pa. 1992). 39. Requests to recover "medical expenses" and "other damages" under the Survival Act are improper and must be stricken. See, e.g., MacLeod, supra (granting preliminary objection to survival claim for "other damages"). 40. Paralleling the legal insufficiencies with respect to her Wrongful Death Act claim, Plaintiff also has failed to plead a legally cognizable action under the Survival Act. No accident 2"Loss of life's pleasure is not a separate element of damage in survival claims, but rather a component of the pain and suffering endured from the time between the accident until death." MacLeod, supra, 13 Pa.D.&C.5th at 123 (citing Willinger v. Mercy Catholic Med. Ctr. of Southeastern Pennsylvania, 393 A.2d 1188, 1191 (Pa. Super. 1978). 9 or injury is described to support a claim for the decedent's alleged "pain and suffering" from June 10, 2010 to the date of his on September 13, 2012. 41. Plaintiff's failure to properly plead a Survival Act claim warrants its dismissal. _ Cf Blair, supra, 67 Pa.D. &C.4th at 267 (granting preliminary objection in the nature of a demurrer to survival and emotional distress claims where there were no factual allegations to support claims). WHEREFORE, Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center, respectfully requests this Honorable Court to dismiss Count II of Plaintiff's Complaint for legal insufficiency. Date: i -' o '7 • 14 BY: 10 GROSS McGINLEY, LLP Howard S. Stevens, Esquire I.D. 42848 Andrew H. Ralston, Esquire I.D. 88770 Jennifer L. Weed, Esquire I.D. 202636 33 S. 7th Street, P.O. Box 4060 Allentown, PA 18105-4060 610-820-5450 CERTIFICATE OF SERVICE The undersigned hereby certifies that true and correct copies of PRELIMINARY OBJECTIONS OF DEFENDANT, CARLISLE REGIONAL MEDICAL CENTER, TO PLAINTIFF'S COMPLAINT, were forwarded by first class mail, postage paid, to the following: Vera Chapman 8301 Presidents Drive #1111 Hummelstown, PA 17034 Pro Se Plaintiff Manor Care Health Services 940 Walnut Bottom Road Carlisle, PA 17015 Date: I a �a.14 Jonathan B. Stepanian, Esquire McQuaide Blasko, Inc. 1249 Cocoa Avenue, Suite 210 Hershey, PA 17033 For Hershey Medical Center BY: 11 GROSS McGINLEY, LLP Carla Lorah, Litigation Assistant S E C T I 0 N A S E C Z 0 N Supreme Courttaf=Pennsylvania Court of ,Commni Pleas C1Viil..CQVer Shet C County For Prothonotary Use Only: Petition Declaration of Taking Docket No: / 7'52/6 6 The.infornzation collected on this. form is used solely for court administration puposes. This form does not supplement or replace the filing and service gfpleadings or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking 0 -Complaint 0 Writ of Summons • 0 Transfer from Another Jurisdiction ■ Lead Plaintiff s Name: Q .. • lag a t vr i Lead Defendant's Name: M4t1tX"C(1f2 �/ • Carlisle 'Regional. f ledk Q... &jer,Cnr6 r i s r_ a' ■ h.. • .... lik4 &••• ice. ■eta, l - r Are money damages requested? es 0 No Dollar Amount Requested: (check one) 0 within arbitration limi t ❑outside arbitration limits Is this a Class Action Suit? 0 Yes E Is this an MAT Appeal? D Yes pia_ Name of Plaintiff/Appellant's Attorney: i:heck here if you have no attorney are a Self -Represented tPro Se] 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 riot include Mass Tort) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/LibeV Defamation ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL LIABLITY ❑ Dental ❑ Lal Le ❑ Other Professional: CONTRACT (do nor include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other 0 Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ❑ Mortgage Foreclosure: Residential 0 Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections ❑ Dept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration © Declaratory Judgment Mandamus Non -Domestic Relations Restraining Order ❑ Quo Warranto ❑ Replevin ❑ Other: Updated 1/1/2011 7 . , , C.0.4144.03.3CIS- CUMBERLAN D COUNTY • - Plaintiff . . Vera Chapm an,- Executor of the iStitebf MicheI DeGrace; Deceased Plaintiff 44440)054.cui 64° devil Drive IHM, Mew, vs. 17o3q MANOR CARE HEALTH SERVICES, CARLISLE - PENNSYLVANIA-. eitio Catlige. PA - CARLISLE REGIONAL' MEDICALCENTER;CARLISLE PA SC1 Alexander *rn5 Rood dka-lisk /PA )701 q09 • ; HERSHEY MEDICAL CENTER, HERSHEY, PENNSYLVANIA • ,t r -e Defendant Facts Case No.:.[Nyntert ;.. . • u,: • COMPLAINT ir Ne. Pi -5W 'd • C.,1" ' f".3 "rd— —42 —n a • v.) rn —0 —TJ rt -1 r— "T1 •C) CD • — C—) . • l•—•'"4 7): • • "'› • 1. That Shy DeGrace•is a resident of the State of Virginia and is the surviving daughter of the late Michael DeGrace. • . . • • , • t. • 2. That Vera-Chapnian is thetUrviving spouse of the late Michael DeGrace and is the Personal Representative of the Estate of Michael DeGrace and resides in the State of Pennsylvania. : • 3. That LaToya DeGrace is a resident of the State of Pennsylvania and is -the surviving daughter of Michael DeGrace. 4. That:the late.MichaeMeGrate was' a•patienvat.:Carlitle Regional Medical Center at [address], and received medical care and treatment at the Defendant's hospital from the time ;PeriOdIA a pproximately,May 2011;44-"to:theMme.bf.hisideath on September • ••.• : • • : -:4. • • .0,, • .1 . • .; - 5. That Michael DeGrace was a patient at Penn State Hershey Milton S. Hershey Medical Center in Hershey, P.ennsylvania,andfreceived Medical care -and treatment at the F..! • ft tc:75--/A 1431i I 15. That on September 11, 2012, a physician at Carlisle Regional Hospital updated the medical record of Michael DeGrace to state that the patient was listed as HIV-positive in the hospital emergency department records. The physician also states that this information was not noted in any other medical records in-house or external. The method of testing and confirmatory testing is not mentioned in the medical records. 16. That Michael DeGrace died of septic shock secondary to pneumonia and a urinary tract infection on September 13, 2012 at Carlisle Regional Medical Center, in Cumberland County, Pennsylvania. 17. That Manor Care owed a duty to Michael DeGrace to provide services within an acceptable standard of medical care within the medical community, and ManorCare Health Services, Penn State Hershey Medical Center, and Carlisle Regional Medical Center breached this standard of care by failing to control for health-care setting acquired infections, failing to appropriately and accurately diagnose the patient condition, and providing substandard treatment. 18. That as a direct and proximate result of ManorCare Health Services, Penn State Hershey Medical Center, and Carlisle Regional Medical Center failure to provide the proper medical care mentioned in paragraph 17 above, and by breaching the applicable standard of medical care owed to the late Michael DeGrace, by and through its employees/servants, the late Michael DeGrace suffered septic shock secondary to urinary tract infection and pneumonia, which was the proximate cause of death. 19. Thatall of the injuries, damages, and death sustained by the late Kenneth Parks resulted from the negligent actions and breaches of the applicable standards of medical care by ManorCare Health Services, Penn State Hershey Medical Center, and Carlisle Regional Medical Center and through its employees and agents, without any act or omission on the part of the late Michael DeGrace, or on any part of the Plaintiffs herein, directly thereunto contributing. 20. That the late Michael DeGrace and all of the Plaintiffs herein did not assume the risk of Michael DeGrace's injuries and death. 21. That as a direct and proximate result of the negligent actions and breaches of the applicable standards of medical care by the Defendant; Michael DeGrace suffered physical injuries, conscious pain and suffering, and other damages. Count I: Medical Malpractice/Wrongful Death 22. The Plaintiffs re -allege and incorporate by reference herein all of the allegations contained in paragraphs 1-21 above. 23. That on or about June 10, 2010, and thereafter, the Defendants by and through their employees/servant/agents breached the applicable standard of medical care by the defendant, by and through their nurses, employees, and medical staff, resulting in the 3 death of the late Michael DeGrace, the Plaintiffs sustained those damages to include but not limited to, mental anguish, emotional pain and suffering, and loss of companionship. Wherefore: the Plaintiffs Shy DeGrace, Vera Chapman, and LaToya DeGrace individually, claim monetary damages against the Defendant in an amount that exceeds the jurisdiction of the , to be determined at trial, plus costs, and for any further relief that this Honorable Court determined necessary and appropriate. Count II: Medical Malpractice/Negligence/Survival Action 24. The Plaintiffs re -allege and incorporate by reference herein all of the allegations contained in paragraphs 1-23 above. 25. That the Estate of Michael DeGrace was opened on or about November 15, 2012 in Cumberland County, Pennsylvania, and Vera Chapman was appointed as Personal Representative of the Estate. 26. That Vera Chapman, as the Personal Representative of the Estate of Michael DeGrace brings this claim for the conscious pain and suffering and physical injuries, medical expenses, and other damages that the late Michael DeGrace experiences from June 10, 2010, up to the time of his death on September 13, 2012, as a direct and proximate result of the negligence and breaches of the applicable standard of medical care by the Defendants, by and through its nurses, employees, and medical staff. Wherefore: Plaintiff Vera Chapman, and Personal Representative of the Estate of Michael DeGrace claim monetary damages against the Defendants in an amount that exceeds the jurisdiction of the , to be determined at trial, plus costs, and for any further relief that this Honorable Court determined necessary and appropriate. Respectfully submitted, Vera Chapman 8301 Presidents Drive #1111 Hummelstown, PA 17034 (717)809-8448 (717)370-7448 4 MCQUAIDE BLASKO, INC. By: Jonathan B. Stepanian, Esquire Attorney I.D. No. 89147 jbstepanian@mgblaw.com Carolyn M. Smith, Esquire Attorney I.D. No. 94019 crosmith@mgblaw.com 1249 Cocoa Avenue, Suite 210 Hershey, PA 17033 (717) 533-4444 (717) 533-2043 (fax) VERA CHAPMAN, Executor of the Estate of Michael DeGrace, Deceased Plaintiff Plaintiff v. MANOR CARE HEALTH SERVICES, CARLISLE REGIONAL MEDICAL CENTER, and HERSHEY MEDICAL CENTER Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL DIVISION NO. 14-5460 JURY TRIAL DEMANDED DEFENDANT, HERSHEY MEDICAL CENTER'S NOTICE OF INTENT TO ENTER JUDGMENT OF NON PROS FOR FAILURE TO FILE CERTIFICATES OF MERIT To. Vera Chapman 8301 Presidents Drive #1111 Hummelstown, PA 17036 Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to enter a judgment of non pros against you after thirty (30) days of the date of the filing of this notice if certificates of merit are not filed as required by Rule 1042.3. I am serving this notice on behalf of Defendant, Hershey Medical Center. The judgment of non pros will be entered as to all claims. McQuaide Blasko, Inc. Dated: 12-1 I By: M. Smith, Esquire MCQUAIDE BLASKO, INC. By: Jonathan B. Stepanian, Esquire Attorney LD. D. No. 89147 jbste.panian @ mgblaw.c m Carolyn M. Smith, Esquire Attorney I.D. No. 94019 crosmith@mgblaw.com 1249 Cocoa Avenue, Suite 210 Hershey, PA 17033 (717) 533-4444 (717) 533-2043 (fax) VERA CHAPMAN, Executor of the Estate ! IN THE COURT OF COMMON PLEAS OF of Michael DeGrace, Deceased Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL DIVISION v. MANOR CARE HEALTH SERVICES, ; NO. 14-5460 CARLISLE REGIONAL MEDICAL CENTER, HERSHEY MEDICAL CENTER Defendants JURY TRIAL. DEMANDED AFFIDAVIT OF SERVICE I, Carolyn M. Smith, attorney for Defendant, Hershey Medical Center in the above -captioned matter, after having been duly sworn according to law, deposes and says that a true and correct copy of Defendant, Hershey Medical Center's Notice of Intent to Enter Judgment of Non Pros For Failure to File Certificates of Merit, was sent by First Class mail and certified, return -receipt requested mail, at the post office of Hershey, Pennsylvania, postage prepaid, this 11th day of December, 2014 to the attorneys/parties of record: Vera Chapman (pro se) • 8301 Presidents Drive #1111 Hummelstown, PA 17036 Sworn to and Subs ribed before me this /t day of D:cember, 2014. otary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEANNA M HOEY Notary Public DERRY TWP., DAUPHIN COUNTY My Commission Expires Mar 7. 2017, Jennifer L. Weed, Esquire Gross McGinley, LLP 33 South Seventh Street P. O. Box 4060 Allentown,PA 18105 McQUAIDE BLASKO By: Ca ; lyn M. Smith Cumberland County Court of Common Pleas Cumberland County Prothonotary's Office Carlisle, PA 17013 Case Number: Civil -2014-05460 December 8, 2014 Re: Proof of Service I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: Service by First Class Mail addressed as follows: Name, Telephone Number Mailing Address: Acceptance of service endorsed by the following: Name, Telephone Number Mailing Address Date: 11/25/2014 at 9:53am .'2E --or 4,2 Vera Chapman, 717-809-8448 8301 Presidents Drive #1111 Hummelstown, PA 17036 Shy DeGrace, 717-809-8448 1941 Columbia Pike #14, Arlington, VA 22204 Jeff DeVanie c/o Rich Newell, 717-960-3352 Carlisle Regional Medical Center 361 Alexander Spring Road, Carlisle, PA 17015- 6940 Cs,;I 054(00 UNITED STATES POSTAL SERVICE. Date: December 1, 2014 shy degrace: The following is in response to your December 1, 2014 request for delivery information on your Certified Mail TM/RRE item number 9514800000794325000131. The delivery record shows that this item was delivered on November 25, 2014 at 9:53 am in CARLISLE, PA 17013. The scanned image of the recipient information is provided below. Signature of Recipient : Address of Recipient : Section --'70 Vc? e Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service Cumberland County Court of Common Pleas Cumberland County Prothonotary's Office Carlisle, PA 17013 Case Number: Civil -2014-05460 November 8, 2014 Re: Proof of Service I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: Service by First Class Mail addressed as follows: Name, Telephone Number Shy DeGrace, 717-809-8448 Mailing Address: 1941 Columbia Pike #14, Arlington, VA 22204 Acceptance of service endorsed by the following: Name, Telephone Number Mailing Address Date: 11/24/2014 at 9:31am /iffriaTh Vera Chapman, 717-809-8448 8301 Presidents Drive #1111 Hummelstown, PA 17036 Peter H. c/o Craig Hillemeier, 717-531-8055 Penn State Hershey Medical Center 500 University Drive, Hershey, PA 17033 Civil -am-05y(0o UNITED STATES POST/AL SERVICE Date: November 24, 2014 shy degrace: The following is in response to your November 24, 2014 request for delivery information on your Certified MaiITM/RRE item number 9514800000794325000148. The delivery record shows that this item was delivered on November 24, 2014 at 9:31 am in HERSHEY, PA 17033. The scanned image of the recipient information is provided below. Signature of Recipient : Address of Recipient : Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service Cumberland County Court of Common Pleas Cumberland County Prothonotary's Office Carlisle, PA 17013 Case Number: Civil -2014-05460 December 8, 2014 Re: Proof of Service I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: Service by First Class Mail addressed as follows: Name, Telephone Number Mailing Address: Acceptance of service endorsed by the following: Name, Telephone Number Mailing Address Date: 11/28/2014 at 11:04am Vera Chapman, 717-809-8448 8301 Presidents Drive #1111 Hummelstown, PA 17036 Shy DeGrace, 717-809-8448 1941 Columbia Pike #14, Arlington, VA 22204 Javier Gomez c/o Barry Lazarus, 419-252-5541 ManorCare of Carlisle, PA, LLC 333 North Summit Street, Toledo, OH 43604 UNITED STATES ---`171,, pOSTdLSERVICE. Date: December 1, 2014 shy degrace: C,iyr1-Qoi11-OSy6O The following is in response to your December 1, 2014 request for delivery information on your Certified Mail TM/RRE item number 9514800000794325000155. The delivery record shows that this item was delivered on November 28, 2014 at 11:04 am in TOLEDO, OH 43604. The scanned image of the recipient information is provided below. "wnwy••+'11011 • 1 Signature of Recipient : Address of Recipient : h Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service GROSS McGINLEY, LLP BY: HOWARD S. STEVENS, ESQUIRE I.D. NO. 42848 JENNIFER L. WEED, ESQUIRE I.D. NO. 202636 33 S. 7TH STREET, P.O. BOX 4060 ALLENTOWN, PA 18105-4060 (610) 820-5450 VERA CHAPMAN, Executor of the ESTATE OF MICHAEL DEGRACE, Deceased, Plaintiff, vs. MANORCARE HEALTH SERVICES; CARLISLE REGIONAL MEDICAL CENTER; HERSHEY MEDICAL CENTER, Defendants ATTORNEYS FOR DEFENDANT, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER COURT OF COMMON PLEAS' -'---=---c--) CUMBERLAND COUNTY -- 7 wr; NO. 14-5460 CIVIL ACTION - LAW MEDICAL MALPRACTICE PROFESSIONAL LIABILITY ACTION TRIAL BY A JURY OF TWELVE MEMBERS AND TWO ALTERNATES DEMANDED DEFENDANT, CARLISLE HMA, LLC d/b/a CARLISLE REGIONAL MEDICAL CENTER'S NOTICE OF INTENT TO ENTER JUDGMENT OF NON PROS FOR FAILURE TO FILE CERTIFICATES OF MERIT To: Vera Chapman 8301 Presidents Dri9ve #1111 Hummelstown, PA 17036 Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to enter a judgment of non pros against you after thirty (30) days of the date of this filing of this notice if Certificates of Merit are not filed as required by Pa. R.C.P. 1042.3 I am serving this notice on behalf of Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center. The judgment of non pros will be entered as to all claims. Date /7//9-R GROSS McGINLEY, LLP BY: j/7/7/ e S oward S. Stevens, Esquire I.D. 42848 Andrew H. Ralston,. Esquire I.D. 88770 Jennifer L. Weed, Esquire I.D. 202636 33 S. 7th Street, P.O. Box 4060 Allentown, PA 18105-4060 610-820-5450 CERTIFICATE OF SERVICE The undersigned hereby certifies that true and correct copies of Defendant, Carlisle HMA, LLC d/b/a Carlisle Regional Medical Center's Notice of Intent to Enter Judgment of Non Pros for Failure to file Certificates of Merit, were forwarded by first class mail, postage paid, to the following: Vera Chapman 8301 Presidents Drive #1111 Hummelstown, PA 17034 Pro Se Plaintiff Manor Care Health Services 940 Walnut Bottom Road Carlisle, PA 17015 Date: Jonathan B. Stepanian, Esquire McQuaide Blasko, Inc. 1249 Cocoa Avenue, Suite 210 Hershey, PA 17033 For Hershey Medical Center BY: GROSS McGINLEY, LLP Carla Lorah, Litigation Assistant BURNS WHITE LLC By: John M. Skrocki, Esquire Identification No. 49071 By: Nicholas Ciccone, Esquire Identification No. 100 Four Falls, Suite 515 1001 Conshohocken State Road West Conshohocken, PA 19428 (484) 567-5700 Attorneys for Defendant, "Manor Care Health Services" : COURT OF COMMON PLEAS VERA CHAPMAN, Executor of the Estate of : OF CUMBERLAND COUNTY, PA MICHAEL DEGRACE, deceased Plaintiff, v. MANOR CARE HEALTH SERVICES - CARLISLE and CARLISLE REGIONAL MEDICAL CENTER and HERSEY MEDICAL CENTER Defendants. : No. 14-5460 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance as attorneys for Defendant, "Manor Care Health Services", in the above matter. Date: December 23, 2014 BURNS WHITE LLC "Sohn M. Skrocki Nicholas Ciccone Attorneys for Defendant, "Manor Care Health Services" CERTIFICATE OF SERVICE I, Nicholas F. Ciccone, Esquire, hereby certify that a true and correct copy of the foregoing Entry of Appearance for Defendant, "Manor Care Health Services" has been served by United States Mail, First Class, postage pre -paid, on this date, as follows: Vera Chapman 8301 Presidents Drive #1111 Hummelstown, PA 17034 Pro Se Plaintiff Jonathan B. Stepanian, Esquire McQuaide Blasko, Inc. 1249 Cocoa Avenue, Suite 210 Hershey, PA 17033 Attorney for Hershey Medical Center Jennifer L. Weed, Esquire Gross McGinley, LLP 33 South Seventh Street P.O. Box 4060 Allentown, PA 18105 Attorney for Carlisle Regional Medical Center Date: t.2-12-5 ) 14 BURNS WHITE LLC N holas F. Ciccone JIL BURNS WHITE LLC By: John M. Skrocki, Esquire Identification No. 49071 By: Nicholas F. Ciccone, Esquire Identification No. 318886 100 Four Falls, Suite 515 1001 Conshohocken State Road West Conshohocken, PA 19428 (484) 567-5700 Attorneys for Defendant, "Manor Care Health Services" VERA CHAPMAN, Executor of the ESTATE OF COURT OF COMMON PLEAS OF MICHAEL DEGRACE, Deceased, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. MANOR CARE HEALTH SERVICES; CARLISLE REGIONAL MEDICAL CENTER; and HERSHEY MEDICAL CENTER Defendants. : NO. 14-5460 . Civil Action • Jury Trial Demanded —c NOTICE OF INTENT TO ENTER JUDGMENT OF NON PROS - - FOR FAILURE TO FILE CERTIFICATES OF MERIT `c? OF DEFENDANT, "MANOR CARE HEALTH SERVICES" =' G. To: Vera Chapman 8301 Presidents Drive #1111 Hummelstown, PA 17036 Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to enter a judgment of non pros against you after thirty (30) days of the date of this filing of this notice if Certificates of Merit are not filed as required by Pa. R.C.P. 1042.3. I am serving this notice on behalf of Defendant, "Manor Care Health Services". The judgment of non pros will be entered as to all claims. BURNS WHITE LLC Dated: i 21.2_15) fig) IL y: ohn M. Skrocki, Esquire By: Nicholas F. Ciccone, Esquire Identification Nos. 49071/318886 100 Four Falls, Suite 515 1001 Conshohocken State Road West Conshohocken, PA 19428 (484) 567-5700 Attorneys for Defendant CERTIFICATE OF SERVICE I, Nicholas F. Ciccone, Esquire, hereby certify that a true and correct copy of the foregoing Notice of Intent to Enter Judgment of Non Pros for Failure to File Certificates of Merit of Defendant, "Manor Care Health Services" has been served by Certified Mail, Return Receipt Requested and United States Mail, First Class, postage pre -paid, on this date, as follows: Via U.S. First Class Mail and Certified Mail RRR No.70051820000604449844 Vera Chapman 8301 Presidents Drive #1111 Hummelstown, PA 17034 Pro Se Plaintiff Via U.S. First Class Mail and Certified Mail RRR No.70051820000604449837 Jonathan B. Stepanian, Esquire McQuaide Blasko, Inc. 1249 Cocoa Avenue, Suite 210 Hershey, PA 17033 Attorney for Hershey Medical Center Via U.S. First Class Mail and Certified Mail RRR No. 70051820000604449820 Jennifer L. Weed, Esquire Gross McGinley, LLP 33 South Seventh Street P.O. Box 4060 Allentown, PA 18105 Attorney for Carlisle Regional Medical Center Date: ‘212-3 `(�{ BURNS WHITE LLC Ni olas F. Ciccone MCQUAIDE BLASKO, INC. By: Jonathan B. Stepanian, Esquire Attorney I.D. No. 89147 jbstepanian@mgblaw.com Carolyn M. Smith, Esquire Attorney I.D. No. 94019 crosmith@mgblaw.com 1249 Cocoa Avenue, Suite 210 Hershey, PA 17033 (717) 533-4444 (717) 533-2043 (fax) VERA CHAPMAN, Executor of the Estate of Michael DeGrace, Deceased Plaintiff Plaintiff v. MANOR CARE HEALTH SERVICES, CARLISLE REGIONAL MEDICAL CENTER, and HERSHEY MEDICAL CENTER Defendants Attorneys for Defendant, Hershey Medical Center COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL DIVISION NO. 14-5460 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS FOR FAILURE TO FILE CERTIFICATES OF MERIT TO: David D. Buell, Prothonotary 0,0 sivstipel 64.1 Ct.* 3aq 3 ce J Kindly enter judgment of non pros against Plaintiff Vera Chapman, Executor of the Estate of Michael DeGrace, in the medical professional liability claims against The Milton S. Hershey Medical Center in the above -captioned matter. I, the undersigned, certify that the Plaintiff has asserted a medical professional liability claim against the above-named Defendant, that no certificates of merit have been filed within the time required by Pa. R.C.P. 1042.3, and that there is no motion to extend the time for filing the certificate pending before the court. Plaintiff has been provided with notice of the above-named Defendant" intention to enter a judgment of non pros. Please see the Defendant's Notice of Intent to Enter Judgment of Non Pros attached hereto as Exhibit "A," which was filed with the Court on December 11, 2014. Respectfully submitted, McQUAIDE BLASKO, INC. Date: 0 I 11-1, ( i S By: 4. Carolyn M.\Smit , Esquire JUDGMENT OF NON PROS ENTERED IN FAVOR OF THE DEFENDANT, THE MILTON S. HERSHEY MEDICAL CENTER. DATED: 1) ISI\S David D. Buell, Prothonotary AExhibit A ;, / I M�uaide BiaskTTTOORNEYS AT LAW www.mgblaw.corn Via First Class Mail and Certified, Return -Receipt Requested Vera Chapman 8301 Presidents Drive 4111:1 Hummelstown,.PA 17036 McQuaide Blasko, Inc. 1249 Cocoa Avenue, Suite 210, Hershey, PA 17033-1715 Additional offices in State College and Hollidaysburg 717.533.4444 FAX 717.533.2043 December 11, 2014 In re: Chapman v. Manor Care Health Services, et al. Cumberland County Docket No. 14-5460 Dear Ms. Chapman: Enclosed for service upon you please find Defendant, Hershey Medical Center's Notice of Intent to Enter Judgment of Non Pros for Failure to File Certificates of Merit, along with the Affidavit of Service thereto. CMS/jac Enclosures SENDER COMPI:eli 'M/s '.5EvrioN e Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. M Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. Very truly yours, McQUAIDE BLASKO By: Carolyn M. Smith COMP EXE THIS'sEcrici ON,;DELIVERY: ;vie/roof of/ 1. Article Addressed to: N e(tgcittlA, eob31 W \ (D°J (3 \‘\\ WC U -c \L Vibi D.' Is delery address is "fi e e t from item + . 0 Yes -® If YES, enter delivery address belo 3. Service Type l Certified Mail® 0 Priority Mail Express" Registered .Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7014 0150 0001 9496 4900 PS Form 3811, July 2013 Domestic Return Receipt Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to enter a judgment of non pros against you after thirty (30) days of the date of the filing of this notice if certificates of merit are not filed as required by Rule 1042.3. I am serving this notice on behalf of Defendant, Hershey Medical Center. The judgment of non pros will be entered as to all claims. Dated: i Z McQuaide Blasko, Inc. By: Carolyri3M. Smith, Esquire MCQUAIDE BLASKO, INC. By: Jonathan B. Stepanian, Esquire Attorney I.D. No. 89147 jbstepanian@mgblaw.com Carolyn M. Smith, Esquire Attorney I.D. No. 94019 crosmith@mgblaw.com 1249 Cocoa Avenue, Suite 210 Hershey, PA 17033 (717) 533-4444 (717) 533-2043 (fax) VERA CHAPMAN, Executor of the Estate of Michael DeGrace, Deceased Plaintiff Plaintiff v. MANOR CARE HEALTH SERVICES, CARLISLE REGIONAL MEDICAL CENTER, HERSHEY. MEDICAL CENTER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 14-5460 JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Carolyn M. Smith, attorney for Defendant, Hershey Medical Center in the above -captioned matter, after having been duly sworn according to law, deposes and says that a true and correct copy of Defendant, Hershey Medical Center's Notice of Intent to Enter Judgment of Non Pros For Failure to File Certificates of Merit, was sent by First Class mail and certified, return -receipt requested mail, at the post office of Hershey, Pennsylvania, postage prepaid, this 11th day of December, 2014 to the attorneys/parties of record: • Vera Chapman (pro Se) Jennifer L. Weed, Esquire 8301 Presidents Drive #1111 Gross McGinley, LLP • Hummelstown, PA 1.7036 33 South Seventh Street P. O. Box 4060 Allentown, PA 18105 Sworn to and Subpsribed before me this day of D cember, 2014. o ary Public COMMONWEAL OF PENNSYLVANIA . NOTARIAL SEAL DEANNA M HOEY Notary Public DERRY TWP., DAUPHIN COUNTY My Commission Expires Mar 7, 2017 McQUAIDE BLASKO By: CaYctyn M. Smith MCQUAIDE BLASKO, INC. By: Jonathan B. Stepanian, Esquire Attorney I.D. No. 89147 jbstepanian@mqblaw.com Carolyn M. Smith, Esquire Attorney I. . No. 94019 crnsmith@mgblaw.com 1249 Cocoa Avenue, Suite 210 Hershey, PA 17033 (717) 533-4444 (717) 533-2043 (fax) VERA CHAPMAN, Executor of the Estate of Michael DeGrace, Deceased Plaintiff Plaintiff v. MANOR CARE HEALTH SERVICES, CARLISLE REGIONAL MEDICAL CENTER, Attorneys for Defendant, Hershey Medical Center IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 14-5460 HERSHEY MEDICAL CENTER ; JURY TRIAL DEMANDED Defendants AFFIDAVIT OF SERVICE I, Carolyn M. Smith, attorney for Defendant, Hershey Medical Center in the above -captioned matter, after having been duly sworn according to law, deposes and says that a true and correct copy of Defendant, Hershey Medical Center's Praecipe to Enter Judgment of Non Pros For Failure to File Certificates of Merit, was sent by First Class mail and certified, return -receipt requested mail, at the post office of Hershey, Pennsylvania, postage prepaid, this 14th day of January, 2015 to the attorneys/parties of record: Vera Chapman (pro se) 8301 Presidents Drive #1111 Hummelstown, PA 17036 John M. Skrocki, Esquire Nicholas F. Ciccone, Esquire BURNS WHITE LLC 100 Four Falls, Suite 515 1001 Conshohocken State road West Conshohocken, PA 19428 Sworn to and Subscribed before me this ./day of January, 2015. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ELIZABETH J WILSON Notary public DERRY TWR, DAUPHIN COUNTY My Commission Expires Oct 24, 2017 Jennifer L. Weed, Esquire Howard S. Stevens, Esquire Gross McGinley, LLP 33 South Seventh Street P. O. Box 4060 Allentown, PA 18105 McQUAIDE BLASKO By: Carolyn Smith