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HomeMy WebLinkAbout05-2398 Dan M. Brookhart, Esquire ATLEE, HALL & BROOKHART, LLP 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 717-393-9596 Court I. D. No. 46552 Attorney for Plaintiff CAROL SEBASTIAN, Individually and as the Trustee Ad Litem for the ESTATE OF HILDA OPPEL, Deceased Plaintiff(s) vs. HOLY SPIRIT HOSPITAL 44- Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - CIVIL ACTION - LAW- MEDICAL PROFESSIONAL LIABILITY ACTION No. OS JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons against the above-named Defendant. Respectfully submitted: Dated: ATLEE, HALL & BROOKHART, LLP By: Dan M. Brookhart, Esq re Attorneys for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No. 46552 t C ?' V \ C J , T - ty t 3 ? r-- Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS CAROL SEBASTIAN, INDIVIDUALLY AND AS THE TRUSTEE AD LITEM FOR THE ESTATE OF HILDA OPPEL, DECEASED Court of Common Pleas Plaintiff Vs. HOLY SPIRIT HOSPITAL 503 NORTH 21s" STREET CAMP HILL, PA 17011 Defendant No. 05-2398 CIVIL TERM In CivilAction-Law To HOLY SPIRIT HOSPITAL You are hereby notified that CAROL SEBASTIAN, INDIVIDUALLY AND AS THE TRUSTEE AD LITEM FOR THE ESTATE OF HILDA OPPEL, DECEASED, the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date MAY 10, 2005 Deputy Attorney: Name: DAN M. BROOKHART, ESQUIRE Address: ATLEE, HALL & BROOKHART, LLP 8 NORTH QUEEN STREET P.O.BOX 449 LANCASTER, PA 17608-0449 Attorney for: Plaintiff Telephone: 717-393-9596 Supreme Court ID No. 46552 CAROL SEBASTIAN, INDIVIDUALLY AND AS THE TRUSTEE AD LITEM FOR THE ESTATE OF HILDA OPPEL, DECEASED Plaintiffs V. HOLY SPIRIT HOSPITAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2398 CIVIL MEDICAL MALPRACTICE JURY TRIAL DEMANDED TO THE PROTHONOTARY: Please enter the appearance of Wilbur McCoy Otto on behalf of Defendant, Holy Spirit Hospital with respect to the above captioned matter. Date: May 20, 2005 By: Wi] Defendant Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. j A? bur cCoy Otto, Esquire Supreme Court. I.D. #01524 Two PPG Place, Suite 400 Pittsburgh, PA 15222 Phone: (412) 281-7272 Counsel to Defendants Holy Spirit Hospital ?...? la ?i -4 .1,?; :.} L:3 "?? MRY-23-2005 11:39 ATLEE, HALL $ BROOKHRRT 717 393 2136 P.02i02 Dan M. Brookhart, Esquire ATLEE, HALL & BROOKHART, LLP 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 717-393-9596 Court I.D. No. 46552 CAROL SEBASTIAN, Individually And As The Trustee Ad Litem For The ESTATE OF HILDA OPPEL, DECEASED Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - CIVIL ACTION - LAW- MEDICAL PROFESSIONAL LIABILITY ACTION Vs. HOLY SPIRIT HOSPITAL Defendant(s) No. 2005-2398 JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I, hereby accept service of the Writ of Summons issued on May 10, 2005 on behalf of the Defendant, Holy Spirit Hospital, and certify that I am authorized to do so. 6 .T- Dated: Respectfully submitted: ATLEE, HALL & BROOKHART, LLP By: bur M. Otto, Esquire Attorneys for Defendant Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 I.D. No. 01524 TOTAL P.02 ?,? ??? -_ ?=? ;- ,??, _? ,?? D ????? ? ? ? ?= y } IBY " ? 4;? Dan M. Brookhart, Esquire Erica L. Kirman-Boyer ATLEE, HALL & BROOKHART, LLP 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 717-393-9596 Court I.D. No. 46552 & 200540 Attorneys for Plaintiff CAROL SEBASTIAN, Individually and as the Trustee Ad Litem for the Estate of HILDA OPPEL, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. HOLY SPIRIT HOSPITAL Defendant CIVIL ACTION - LAW No. 2005-2398 JURY TRIAL DEMANDED PLAINTIFF'S PETITION FOR APPROVAL OF SETTLEMENT AND NOW comes Plaintiff, by and through her attorneys, Atlee, Hall, & Brookhart, LLP, and hereby file the instant Petition for Approval of Settlement, and in support thereof, avers as follows: 1. Carol Sebastian resides at 132 Calle La Montana, Moraga, Ca 94556. She was the daughter of decedent and is the Trustee Ad Litem for the Estate of Hilda Oppel, Deceased. A copy of the Short Certificate is attached hereto and incorporated herein as Exhibit "A." 2. This survival action is based on alleged medical malpractice in the administration of the drug Reapro to decedent on May 14, 2003. 3. This action was commenced by Writ of Summons on May 10, 2005. No Complaint was filed in this action. 4. On May 14, 2003, Ms. Oppel was diagnosed with a myocardial infarction at Holy Spirit Hospital. Dr. Chang performed a cardiac catheterization and stent placement in the right coronary artery. 5. The Reapro was administered post-operatively. 6. After the administration of the Reapro, Ms. Oppel lapsed into a coma and subsequently died at the Hospital on May 28, 2003. 7. Ms. Oppel was 84 years old and a resident of the Alzheimer's Unit at Country Meadows when she died. 8. Plaintiffs have recently reached a settlement with Holy Spirit Hospital. The Settlement Agreement is attached hereto as Exhibit "B." 9. The essential terms of the Settlement Agreement include the release of all claims against Defendants in exchange for $45,000.00. 10. Plaintiff presents the instant Petition seeking Court approval of the settlement of Plaintiff's survival claim in the amount of $45,000.00, with an allocation of 100% to Ms. Oppel's survival claim. 11. At the time of her death, Hilda Oppel left behind her husband her two adult children, Carol Sebastian and Fred Oppel. Plaintiff's survival claim does not involve the rights of any minors or incompetent persons. 12. Because this is a survival action only, no approval from the Pennsylvania Department of Revenue is necessary. 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court approve settlement of the above-referenced survival action for $45,000. Respectfully submitted: Dated: A (i A)z ATLEE, HALL & BROOKHART, LLP f 01 By: Dan M. Brookhart, Esquire Erica L. Kirman-Boyer, Esquire Attorneys for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No. 46552 & 200540 P,,xhibi+ STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE I, GLENDA FARNER STRASBAUGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 4th day of May, Two Thousand and Five, Letters TESTAMENTARY in common form were granted by the Register of said County, on the estate of HILDA M OPPEL late of EAST PENNSBORO TOWNSHIP (FNaG Mrddn, Laoo in said county, deceased, to FREDERICK M OPPEL Open, Mfddie, Lsell and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 4th day of May Two Thousand and Five. File No. PA File No. Date of Death S.S. # 2005- 00413 21- 05- 0413 5/28/2003 162-12-5187 Kz? eg ster m its eputy ?N NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL . I % of E)c Kbi+- f3 FULL AND FINAL RELEASE 1. FOR AND IN CONSIDERATION of the sum of FORTY THOUSAND DOLLARS ($40,000) payable within thirty (30) days of the receipt of an executed original of this Full and Final Release, and the sum of FIVE THOUSAND DOLLARS ($5,000) payable as reimbursement of costs, the undersigned hereby fully and forever release, acquit, and discharge: Holy Spirit Hospital, its trustees, members, successors, affiliates, directors, officers, employees, nurses, therapists, technicians, agents and servants, and ANY AND ALL OTHER PERSONS, CORPORATIONS AND/OR OTHER ENTITIES that are or might be claimed to be liable to the undersigned, Hilda Oppei, and/or the Estate of Hilda Oppel, whether or not such persons corporations and/or other entities are 'named herein, including the heirs, executors, adminisuators, successors, assigns, attorneys, insurers, servants and employees of each of them (hereafter referred to collectively as "Releasees" ), from any and all actions, causes of action, claims or demands of whatsoever kind or nature and for any known or unknown injuries, losses and damages allegedly sustained by the undersigned, by Hilda Oppel, and/or the Estate, beneficiaries and next of kin of Hilda Oppel, and related in any way to any incident involving and/or medical or professional health care services rendered to Hilda Oppel, and for which a Legal Action was instituted in the Court of Common Pleas of Cumberland County, Pennsylvania, at Docket No. 05-2398 or at any other number or in any other Court. 2. The acceptance of said sum is in full accord and satisfaction of a disputed claim and the payment of said sum is not an admission of any liability. 3. This release and settlement is intended to cover and does cover not only all now known injuries, losses or damages, but also any future injuries, losses or damages not now known or anticipated, but which may later develop or be discovered, including all the effects and consequences thereof. 4. The amount stated in this Full and Final Release is the consideration of this release, and the undersigned voluntarily accept said sum for the purpose of making a full and final compromise, adjustment and settlement of all claims that they, the Estate of Hilda Oppel, and any of their beneficiaries might now or in the future have for any injuries, losses or damages. 5. This is the complete release agreement, and there are no written or oral understandings or agreements, directly or indirectly connected with this release and settlement that are not incorporated herein. 6. The undersigned hereby agree on their own behalf and on behalf of the Estate, beneficiaries and next of kin of Hilda Oppel, their heirs, beneficiaries, successors and/or assigns, to indemnify and save forever harmless the Releasees from and against any and all claims, demands or actions, known or unknown, made against the Releasees by any person or entity on account of, or in any manner related to the injuries, losses and/or damages covered by this Full and Final Release. 7. In the event court approval is required for settlement, compromise or resolution of this claim, this settlement is conditioned upon the undersigned promptly undertaking all necessary action to obtain any required court approval for the settlement, compromise or resolution of this claim. If this settlement is ever determined by any court to be without effect because some necessary court approval was not obtained, or if any Releasee is subjected to further legal action or claim that could not have been instituted or presented had proper court approval been obtained, the undersigned agree to indemnify Releasees for any future loss, cost, or expense, including but not limited to, reasonable attorney's fees for defending, litigating and settling any such claim or action, and for any judgment resulting from any such claim or action. 8. It is further understood, agreed and made part hereof, that the undersigned shall not reveal either directly or indirectly, to any person (excluding close family members of Hilda Oppel, the beneficiaries of the Estate of Hilda Oppel, and those attorney(s), accountant(s) or other representatives of the undersigned with a need to know, all of whom agree in writing to keep the information confidential) or any governmental agency, department, bureau or other entity, any aspect of this case or settlement, including the facts of this case, the existence of this settlement or the terms and conditions of this settlement ("Confidential Information"). Furthermore, the undersigned, the beneficiaries of the Estate of Hilda Oppel, their attorneys, accountants and other representatives shall not in any way publicize or cause to be publicized the "Confidential Information" in any news or communications media, including but not limited to newspapers, magazines, journals, radio, television, on-line computer systems and law-related publications. If the undersigned, their representatives and/or attorney(s) file any court document(s) identifying the terms and/or conditions of this settlement, they shall request that the court immediately seal such document(s) and take whatever steps are necessary to assure that such document(s) are not accessible or disclosed to anyone. This paragraph is intended to become part of the consideration for settlement of this claim. 9. The undersigned represent that there are no asserted or potential claims or liens against the undersigned or their assets, Hilda Oppel or the Estate or assets of Hilda Oppel by any third- party payor, including but not limited to Medicare, Medicaid, the Pennsylvania Department of Public Welfare, Pennsylvania Blue Shield, Blue Cross of Western Pennsylvania and Champus. If such a claim or lien is ever asserted, the undersigned agree to satisfy such claim or lien from the funds received from this settlement and to indemnify and hold harmless Releasees from and against any and all losses, claims, liens, charges, fees, costs (including - reasonable attorney's fees), interest or other sums incurred as a result of any third-party payor asserting, imposing or enforcing a claim or lien related in any way to the injuries or damages for which Release.-Is are making payment to the undersigned under the terms of this Release. 10. This agreement shall be binding upon and inure to the benefit of the undersigned, the Estate of Hilda Oppel, the next of kin of Hilda Oppel, the beneficiaries of the Estate of Hilda Oppel, and Releasees, as well as the successors, assigns, heirs, executors, administrators, and legal representatives of all of them. 11. THE UNDERSIGNED HEREBY DECLARE that they have capacity and are duly authorized to enter into this Full and Final Release, that they have read all of the terms of this Full and Final Release, have discussed them or had the opportunity to discuss them with their legal counsel, fully understand them and accept them for the express purposes of settling the above-described claim and for precluding forever any further or additional legal action arising out of the aforesaid claims and/or circumstances. IN WITNESS WHEREOF, we have set our hands and seals this 21 day of , 2007. SWORN to and subscribed before me this day of ,2007. NOTARY PUBLIC NO ARY PUBL C COMMONWEALTH OF PENNSYLVANIA Notarial Seal Karen A. Montgomery, Notary Pubic Warwick Twp., Lwcaster County My Commission EVires March 4, 2011 Member, Pennsylvania AssoclaWn of Notaries SWORN to and su scribed before me this day of LwLle? ,2007 Carol Sebastian, individually and as Trustee Ad Litem for the Estate of Hilda Oppel Social Security Number Address: A' /77 - red Oppel, individually and as Executor of the Estate of Hilda Oppel /2( - 3g - '7Lf Social Security Number Address: Y 4 1 N• Cr n (? P ?. FULL AND FINAL RELEASE 1. FOR AND IN CONSIDERATION of the sum of FORTY THOUSAND DOLLARS ($40,000) payable within thirty (30) days of the receipt of an executed original of this Full and Final Release, and the sum of FIVE THOUSAND DOLLARS ($5,000) payable as reimbursement of costs, the undersigned hereby fully and forever release, acquit, and discharge: Holy Spirit Hospital, its trustees, members, successors, affiliates, directors, officers, employees, nurses, therapists, technicians, agents and servants, and ANY AND ALL OTHER PERSONS, CORPORATIONS AND/OR OTHER ENTITIES that are or might be claimed to be liable to the undersigned, Hilda Oppel, and/or the Estate of Hilda Oppel, whether or not such persons corporations and/or other entities are * named herein, including the heirs, executors, administrators, successors, assigns, attorneys, insurers, servants and employees of each of them thereafter referred to collectively as "Releasees"), from any and all actions, causes of action, claims or demands of whatsoever kind or nature and for any known or unknown injuries, losses and damages allegedly sustained by the undersigned, by Hilda Oppel, and/or the Estate, beneficiaries and next of kin of Hilda Oppel, and related in any way to any incident involving and/or medical or professional health care services rendered to Hilda Oppel, and for which a Legal Action was instituted in the Court of Common Pleas of Cumberland County, Pennsylvania, at Docket No. 05-2398 or at any other number or in any other Court. 2. The acceptance of said sum is in full accord and satisfaction of a disputed claim and the payment of said sum is not an admission of any liability. 3. This release and settlement is intended to cover and does cover not only all now known injuries, losses or damages, but also any future injuries, losses or damages not now known or anticipated, but which may later develop or be discovered, including all the effects and consequences thereof. 4. The amount stated in this Full and Final Release is the consideration of this release, and the undersigned voluntarily accept said sum for the purpose of making a full and final compromise, adjustment and settlement of all claims that they, the Estate of Hilda Oppel, and any of their beneficiaries might now or in the future have for any injuries, losses or damages. 5. This is the complete release agreement, and there are no written or oral understandings or agreements, directly or indirectly connected with this release and settlement that are not incorporated herein. 6. The undersigned hereby agree on their own behalf and on behalf of the Estate, beneficiaries and next of kin of Hilda Oppel, their heirs, beneficiaries, successors and/or assigns, to indemnify and save forever harmless the Releasees from and against any and all claims, demands or actions, known or unknown, made against the Releasees by any person or entity on account of, or in any manner related to the injuries, losses and/or damages covered by this Full and Final Release. 7. In the event court approval is required for settlement, compromise or resolution of this claim, this settlement is conditioned upon the undersigned promptly undertaking all necessary action to obtain any required court approval for the settlement, compromise or resolution of this claim. If this settlement is ever determined by any court to be without effect because some necessary court approval was not obtained, or if any Releasee is subjected to further legal action or claim that could not have been instituted or presented had proper court approval been obtained, the undersigned agree to indemnify Releasees for any future loss, cost, or expense, including but not limited to, reasonable attorney's fees for defending, litigating and settling any such claim or action, and for any judgment resulting from any such claim or action. 8. It is further understood, agreed and made part hereof, that the undersigned shall not reveal either directly or indirectly, to any person (excluding close family members of Hilda Oppel, the beneficiaries of the Estate of Hilda Oppel, and those attorney(s), accountant(s) or other representatives of the undersigned with a need to know, all of whom agree in writing to keep the information confidential) or any governmental agency, department, bureau or other entity, any aspect of this case or settlement, including the facts of this case, the existence of this settlement or the terms and conditions of this settlement ("Confidential Information"). Furthermore, the undersigned, the beneficiaries of the Estate of Hilda Oppel, their attorneys, accountants and other representatives shall not in any way publicize or cause to be publicized the "Confidential Information" in any news or communications media, including but not limited to newspapers, magazines, journals, radio, television, on-line computer systems and law-related publications. If the undersigned, their representatives and/or attorney(s) file any court document(s) identifying the terms and/or conditions of this settlement, they shall request that the court immediately seal such document(s) and take whatever steps are necessary to assure that such document(s) are not accessible or disclosed to anyone. This paragraph is intended to become part of the consideration for settlement of this claim. 9. The undersigned represent that there are no asserted or potential claims or liens against the undersigned or their assets, Hilda Oppel or the Estate or assets of Hilda Oppel by any third- party payor, including but not limited to Medicare, Medicaid, the Pennsylvania Department of Public Welfare, Pennsylvania Blue Shield, Blue Cross of Western Pennsylvania and Champus. If such a claim or lien is ever asserted, the undersigned agree to satisfy such claim or lien from the funds received from this settlement and to indemnify and hold harmless Releasees from and against any and all losses, claims, liens, charges, fees, costs (including. reasonable attorney's fees), interest or other sums incurred as a result of any third-party payor asserting, imposing or enforcing a claim or lien related in any way to the injuries or damages for which Releasees are making payment to the undersigned under the terms of this Release. 10. This agreement shall be binding upon and inure to the benefit of the undersigned, the Estate of Hilda Oppel, the next of kin of Hilda Oppel, the beneficiaries of the Estate of Hilda Oppel, and Releasees, as well as the successors, assigns, heirs, executors, administrators, and legal representatives of all of them. 11. THE UNDERSIGNED HEREBY DECLARE that they have capacity and are duly authorized to enter into this Full and Final Release, that they have read all of the terms of this Full and Final Release, have discussed them or had the opportunity to discuss them with their legal counsel, fully understand them and accept them for the express purposes of settling the above-described claim and for precluding forever any further or additional legal action arising out of the aforesaid claims and/or circumstances. IN WITNESS WHEREOF, we have set our hands and seals this g day of T-att , 2007. C4 /i fo V 1% 1A SWORN to and subscribed before me this day of hYti 52007. zr42 NOTARY PUBLIC. .- FRED J. ELL.R Z Q COMM. # 1503259 Z NOTARY PUBLIC -CALIFORNIA CONTRA COSTA COUNTY 9MyCMmBPMJUL42008 Carol Sebastian, individually and as Trustee Ad Litem for-the Estate of Hilda Oppel 1=t--?? Social Security Number Address:_ V? Z(?Mp_ 1-1 1?OVUZ0.'NG W\S?, Qa .'a, kA 5!5 (0 SWORN to and subscribed before me this day of 12007. NOTARY PUBLIC Fred Oppel, individually and as Executor of the Estate of Hilda Oppel Social Security Number Address: CERTIFICATE OF SERVICE I hereby certify that I have this day caused a true and correct copy of the foregoing document, to be served upon the following persons by placing a copy of the said document in the United States mail, first class mail, directed to their office addresses as follows: Wilbur Otto, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Dated: 4i/Izl ATLEE, HALL & BROOKHART, LLP By: - 4d ?idlk Dan M. Brookhart, Esquire Attorneys for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No.46552 r ? (? c r?>-" ;;? ? ?.,., r?,"t _ ? f f 7 ? 4 ?? ." ? ^ ? ?.. ?.-," Dan M. Brookhart, Esquire Erica L. Kirman-Boyer ATLEE, HALL & BROOKHART, LLP 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 717-393-9596 Court I.D. No. 46552 & 200540 Attorneys for Plaintiff CAROL SEBASTIAN, Individually and as the Trustee Ad Litem for the Estate of HILDA OPPEL, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. HOLY SPIRIT HOSPITAL Defendant CIVIL ACTION - LAW No. 2005-2398 JURY TRIAL DEMANDED PLAINTIFF'S AMENDED PETITION FOR APPROVAL OF SETTLEMENT AND NOW comes Plaintiff, by and through her attorneys, Atlee, Hall, & Brookhart, LLP, and hereby file the instant Petition for Approval of Settlement, and in support thereof, avers as follows: 1. Carol Sebastian resides at 132 Calle La Montana, Moraga, CA 94556. She was the daughter of decedent and is the Trustee Ad Litem for the Estate of Hilda Oppel, Deceased. A copy of the Short Certificate is attached hereto and incorporated herein as Exhibit "A." 2. This survival action is based on alleged medical malpractice in the administration of the drug Reapro to decedent on May 14, 2003. 3. This action was commenced by Writ of Summons on May 10, 2005. No Complaint was filed in this action. No rulings have been issued in this matter and no judge has been assigned to this matter. 4. On May 14, 2003, Ms. Oppel was diagnosed with a myocardial infarction at Holy Spirit Hospital. Dr. Chang performed a cardiac catheterization and stent placement in the right coronary artery. 5. The Reapro was administered post-operatively. 6. After the administration of the Reapro, Ms. Oppel lapsed into a coma and subsequently died at the Hospital on May 28, 2003. 7. Ms. Oppel was 84 years old and a resident of the Alzheimer's Unit at Country Meadows when she died. 8. Plaintiffs have recently reached a settlement with Holy Spirit Hospital. The Settlement Agreement is attached hereto as Exhibit "B." 9. The essential terms of the Settlement Agreement include the release of all claims against Defendants in exchange for $45,000.00. 10. Plaintiff presents the instant Petition seeking Court approval of the settlement of Plaintiff's survival claim in the amount of $45,000.00, with an allocation of 100% to Ms. Oppel's survival claim. 11. At the time of her death, Hilda Oppel left behind her husband her two adult children, Carol Sebastian and Fred Oppel. Plaintiff's survival claim does not involve the rights of any minors or incompetent persons. 12. Because this is a survival action only, no approval from the Pennsylvania Department of Revenue is necessary. 2 13. Counsel for Holy Spirit Hospital concurs with this Petition and the suggested settlement. WHEREFORE, Plaintiff respectfully requests that this Honorable Court approve settlement of the above-referenced survival action for $45,000. Respectfully submitted: Dated: 7- /c-) - 0 7 ATLEE, HALL & BROOKHART, LLP By: F"'7, Dan M. Brookhart, Esquir Erica L. Kirman-Boyer, Esquire Attorneys for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No. 46552 & 200540 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE I, GLENDA FARNER STRASBAUGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 4th day of May, Two Thousand and Five, Letters TESTAMENTARY in common form were granted by the Register of said County, on the es to to of HILDA M OPPEL late of EAST PENNS80RO TOWNSHIP Dal, Mrddf., Lest) in said county, deceased, to FREDERICK M OPPEL frost, Aflddll, LAW and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 4th day of May Two Thousand and Five. Fi 1 e No. 2005- 00413 PA Fi 1 e Iva. 21- 05- 0413 Date of Death 512812003 S. S. # 182-12-5187 ep 518 r s ., I Deputy NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL )E-?, , V? ? 3 ?--y 3 FULL AND FINAL RELEASE 1. FOR AND IN CONSIDERATION of the sum of FORTY THOUSAND DOLLARS ($40,000) payable within thirty (30) days of the receipt of an executed original of this Full and Final Release, and the sum of FIVE THOUSAND DOLLARS ($5,000) payable as reimbursement of costs, the undersigned hereby fully and forever release, acquit, and discharge: Holy Spirit Hospital, its trustees, members, successors, affiliates, directors, officers, employees, nurses, therapists, technicians, agents and servants, and ANY AND ALL OTHER PERSONS, CORPORATIONS AND/OR OTHER ENTITIES that are or might be claimed to be liable to the undersigned, Hilda Oppel, and/or the Estate of Hilda Oppel, whether or not such persons corporations and/or other entities are 'named herein, including the heirs, executors, administrators, successors, assigns, attorneys, insurers, servants and employees of each of them (hereafter referred to collectively as "Releasees"), from any and all actions, causes of action, claims or demands of whatsoever kind or nature and for any known or unknown injuries, losses and damages allegedly sustained by the undersigned, by Hilda Oppel, and/or the Estate, beneficiaries and next of kin of Hilda Oppel, and related in any way to any incident involving and/or medical or professional health care services rendered to Hilda Oppel, and for which a Legal Action was instituted in the Court of Common Pleas of Cumberland County, Pennsylvania, at Docket No. 05-2398 or at any other number or in any other Court. 2. The acceptance of said sum is in full accord and satisfaction of a disputed claim and the payment of said sum is not an admission of any liability. 3. This release and settlement is intended to cover and does cover not only all now known injuries, losses or damages, but also any future injuries, losses or damages not now known or anticipated, but which may later develop or be discovered, including all the effects and consequences thereof. 4. The amount stated in this Full and Final Release is the consideration of this release, and the undersigned voluntarily accept said sum for the purpose of making a full and final compromise, adjustment and settlement of all claims that they, the Estate of Hilda Oppel, and any of their beneficiaries might now or in the future have for any injuries, losses or damages. 5. This is the complete release agreement, and there are no written or oral understandings or agreements, directly or indirectly connected with this release and settlement that are not incorporated herein. 6. The undersigned hereby agree on their own behalf and on behalf of the Estate, beneficiaries and next of kin of Hilda Oppel, their heirs, beneficiaries, successors and/or assigns, to indemnify and save forever harmless the Releasees from and against any and all claims, demands or actions, known or unknown, made against the Releasees by any person or entity on account of, or in any manner related to the injuries, losses and/or damages covered by this Full and Final Release. 7. In the event court approval is required for settlement, compromise or resolution of this claim, this settlement is conditioned upon the undersigned promptly undertaking all necessary action to obtain any required court approval for the settlement, compromise or resolution of this claim. If this settlement is ever determined by any court to be without effect because some necessary court approval was not obtained, or if any Releasee is subjected to further legal action or claim that could not have been instituted or presented had proper court approval been obtained, the undersigned agree to indemnify Releasees for any future loss, cost, or expense, including but not limited to, reasonable attorney's fees for defending, litigating and settling any such claim or action, and for any judgment resulting from any such claim or action. 8. It is further understood, agreed and made part hereof, that the undersigned shall not reveal either directly or indirectly, to any person (excluding close family members of Hilda Oppel, the beneficiaries of the Estate of Hilda Oppel, and those attorney(s), accountant(s) or other representatives of the undersigned with a need to know, all of whom agree in writing to keep the information confidential) or any governmental agency, department, bureau or other entity, any aspect of this case or settlement, including the facts of this case, the existence of this settlement or the terms and conditions of this settlement ("Confidential Information"). Furthermore, the undersigned, the beneficiaries of the Estate of Hilda Oppel, their attorneys, accountants and other representatives shall not in any way publicize or cause to be publicized the "Confidential Information" in any news or communications media, including but not limited to newspapers, magazines, journals, radio, television, on-line computer systems and law-related publications. If the undersigned, their representatives and/or attorney(s) file any court document(s) identifying the terms and/or conditions of this settlement, they shall request that the court immediately seal such document(s) and take whatever steps are necessary to assure that such document(s) are not accessible or disclosed to anyone. This paragraph is intended to become part of the consideration for settlement of this claim. 9. The undersigned represent that there are no asserted or potential claims or liens against the undersigned or their assets, Hilda Oppel or the Estate or assets of Hilda Oppel by any third- party payor, including but not limited to Medicare, Medicaid, the Pennsylvania Department of Public Welfare, Pennsylvania Blue Shield, Blue Cross of Western Pennsylvania and Champus. If such a claim or lien is ever asserted, the undersigned agree to satisfy such claim or lien from the funds received from this settlement and to indemnify and hold harmless Releasees from and against any and all losses, claims, liens, charges, fees, costs (including -reasonable attorney's fees), interest or other sums. incurred as a result of any third-party payor asserting, imposing or enforcing a claim or lien related in any way to the injuries or damages for which Releasees are making payment to the undersigned under the terms of this Release. 10. This agreement shall be binding upon and inure to the benefit of the undersigned, the Estate of Hilda Oppel, the next of kin of Hilda Oppel, the beneficiaries of the Estate of Hilda Oppel, and Releasees, as well as the successors, assigns, heirs, executors, administrators, and legal representatives of all of them. 11. THE UNDERSIGNED HEREBY DECLARE that they have capacity and are duly authorized to enter into this Full and Final Release, that they have read all of the terms of this Full and Final Release, have discussed them or had the opportunity to discuss them with their legal counsel, fully understand them and accept them for the express purposes of settling the above-described claim and for precluding forever any further or additional legal action arising out of the aforesaid claims and/or circumstances. IN WITNESS WHEREOF, we have set our hands and seals this 2-14day of , 2007. SWORN to and subscribed before me this day of 12007 Carol Sebastian, individually and as Trustee Ad Litem for the Estate of Hilda Oppel NOTARY PUBLIC SWORN to and su scribed before me this -?? day of ,2007 NO ARM BL C COMMONWEALTH OF PENNSYLVANIA Notarial Seal Karen A. Mar*gor Wy, Notary Public Warwick Twp., LarcasW County My Commission EVrres Mauch 4, 2011 Member, Pennsylvania Association of Notaries Social Security Number Address: 14d m 6w red Oppel, individually and as Executor of the Estate of Hilda Oppel Social Security Number Address: qq! I'J• (= n a,th 19)r. e?- ,1$L'D' (2-0- f 90Q? FULL AND FINAL RELEASE 1. FOR AND IN CONSIDERATION of the sum of FORTY THOUSAND DOLLARS ($40,000) payable within thirty (30) days of the receipt of an executed original of this Full and Final Release, and the sum of FIVE THOUSAND DOLLARS ($5,000) payable as reimbursement of costs, the undersigned hereby fully and forever release, acquit, and discharge: Holy Spirit Hospital, its trustees, members, successors, affiliates, directors, officers, employees, nurses, therapists, technicians, agents and servants, and ANY AND ALL OTHER PERSONS, CORPORATIONS AND/OR OTHER ENTITIES that are or might be claimed to be liable to the undersigned, Hilda Oppel, and/or the Estate of Hilda Oppel, whether or not such persons corporations and/or other entities are 'named herein, including the heirs, executors, administrators, successors, assigns, attorneys, insurers, servants and employees of each of them (hereafter referred to collectively as "Releasees"), from any and all actions, causes of action, claims or demands of whatsoever kind or nature and for any known or unknown injuries, losses and damages allegedly sustained by the undersigned, by Hilda Oppel, and/or the Estate, beneficiaries and next of kin of Hilda Oppel, and related in any way to any incident involving and/or medical or professional health care services rendered to Hilda Oppel, and for which a Legal Action was instituted in the Court of Common Pleas of Cumberland County, Pennsylvania, at Docket No. 05-2398 or at any other number or in any other Court. 2. The acceptance of said sum is in full accord and satisfaction of a disputed claim and the payment of said sum is not an admission of any liability. 3. This release and settlement is intended to cover and does cover not only all now known injuries, losses or damages, but also any future injuries, losses or damages not now known or anticipated, but which may later develop or be discovered, including all the effects and consequences thereof. 4. The amount stated in this Full and Final Release is the consideration of this release, and the undersigned voluntarily accept said sum for the purpose of making a full and final compromise, adjustment and settlement of all claims that they, the Estate of Hilda Oppel, and any of their beneficiaries might now or in the future have for any injuries, losses or damages. 5. This is the complete release agreement, and there are no written or oral understandings or agreements, directly or indirectly connected with this release and settlement that are not incorporated herein. 6. The undersigned hereby agree on their own behalf and on behalf of the Estate, beneficiaries and next of kin of Hilda Oppel, their heirs, beneficiaries, successors and/or assigns, to indemnify and save forever harmless the Releasees from and against any and all claims, demands or actions, known or unknown, made against the Releasees by any person or entity on account of, or in any manner related to the injuries, losses and/or damages covered by this Full and Final Release. 7. In the event court approval is required for settlement, compromise or resolution of this claim, this settlement is conditioned upon the undersigned promptly undertaking all necessary action to obtain any required court approval for the settlement, compromise or resolution of this claim. If this settlement is ever determined by any court to be without effect because some necessary court approval was not obtained, or if any Releasee is subjected to further legal action or claim that could not have been instituted or presented had proper court approval been obtained, the undersigned agree to indemnify Releasees for any future loss, cost, or expense, including but not limited to, reasonable attorney's fees for defending, litigating and settling any such claim or action, and for any judgment resulting from any such claim or action. 8. It is further understood, agreed and made part hereof, that the undersigned shall not reveal either directly or indirectly, to any person (excluding close family members of Hilda Oppel, the beneficiaries of the Estate of Hilda Oppel, and those attorney(s), accountant(s) or other representatives of the undersigned with a need to know, all of whom agree in writing to keep the information confidential) or any governmental agency, department, bureau or other entity, any aspect of this case or settlement, including the facts of this case, the existence of this. settlement or the terms and conditions of this settlement ("Confidential Information"). Furthermore, the undersigned, the beneficiaries of the Estate of Hilda Oppel, their attorneys, accountants and other representatives shall not in any way publicize or cause to be publicized the "Confidential Information" in any news or communications media, including but not limited to newspapers, magazines, journals, radio, television, on-line computer systems and law related publications. If the undersigned, their representatives and/or attorney(s) file any court document(s) identifying the terms and/or conditions of this settlement, they shall request that the court immediately seal such document(s) and take whatever steps are necessary to assure that such document(s) are not accessible or disclosed to anyone. This paragraph is intended to become part of the consideration for settlement of this claim. 9. The undersigned represent that there are no asserted or potential claims or liens against the undersigned or their assets, Hilda Oppel or the Estate or assets of Hilda Oppel by any third- party payor, including but not limited to Medicare, Medicaid, the Pennsylvania Department of Public Welfare, Pennsylvania Blue Shield, Blue Cross of Western Pennsylvania and Champus. If such a claim or lien is ever asserted, the undersigned agree to satisfy such claim or lien from the funds received from this settlement and to indemnify and hold harmless Releasees from and against any and all losses, claims, liens, charges, fees, costs (including reasonable attorney's fees), interest or other sums incurred as a result of any third-party payor asserting, imposing or enforcing a claim or lien related in any way to the injuries or damages for which Releasees are making payment to the undersigned under the terms of this Release. 10. This agreement shall be binding upon and inure to the benefit of the undersigned, the Estate of Hilda Oppel, the next of kin of Hilda Oppel, the beneficiaries of the Estate of Hilda Oppel, and Releasees, as well as the successors, assigns, heirs, executors, administrators, and legal representatives of all of them. 11. THE UNDERSIGNED HEREBY DECLARE that they have capacity and are duly authorized to enter into this Full and Final Release, that they have read all of the terms of this Full and Final Release, have discussed them or had the opportunity to discuss them with their legal counsel, fully understand them and accept them for the express purposes of settling the above-described claim and for precluding forever any further or additional legal action arising out of the aforesaid claims and/or circumstances. IN WITNESS WHEREOF, we have set our hands and seals this g day of 2007. C4 le -fo V, SWORN to and subscribed before me this ?t day of ?f&, 1 ,2007. 17 NOTARY PUBLIC Carol Sebastian, individually and as Trustee Ad Litem for the Estate of Hilda Oppel Social Security Number FRED JDELLAR , COMM. 0 1503259 • Z NOTARY PUBLIC - CALIFORNIA Z C O N T RA COSTA COUMY , n^ ,, TR? 4Y CMM EVm JLL 25, 2U J SWORN to and subscribed before me this day of 12007. NOTARY PUBLIC Address:_ V3 C° _. e 1Ii_ ?o r??? C9. qy ss? Fred Oppel, individually and as Executor of the Estate of Hilda Oppel Social Security Number Address: CERTIFICATE OF SERVICE I hereby certify that I have this day caused a true and correct copy of the foregoing document, to be served upon the following persons by placing a copy of the said document in the United States mail, first class mail, directed to their office addresses as follows: Wilbur Otto, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Dated: 7 ~ /.,) -,o 7 ATLEE, HALL & BROOKHART, LLP By: Dan M. Brookhart, Esquire Erica Kirman-Boyer, Esquire Attorneys for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. Nos.46552 &200540 ' .4 lil f F C.; ATLE,E, HA.Z &BROOMiART, LLP ATTORNEYS AT LAW Curt Long Prothonotary of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 July 12, 2007 Re: Estate of Hilda Oppel v. Holy Spirit Hospital No. 2005-2398 Dear Mr. Long: William A. Atlee, Jr. Thomas W. Hall Dan M. Brookhart Jaime D. Jackson Edward R. Kennett . Mark C. Atlee Robin A.Jabour Erica L. Kirman-Boyer Enclosed please find the original and one copy of Plaintiff s Amended Petition for Approval of Settlement pursuant to information and instructions received from the Court Administrator's Office. It is my understanding that the Order originally provided is sufficient and that this amendment will be attached to our original filing. Please note that this matter has not yet been assigned to a Judge and we request that this Amended Petition be forwarded to the Court Administrator for assignment and disposition. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me. Very truly yours, EKB/slm Enclosures cc: Wilbur Otto, Esquire (w/enc.) ATLEE, HALL & BROOKHART, L.L.P. By: Erica Kirman-Boyer \\Ahbsgl\ProLaw\documents\Hilda Oppel Estate\03-21 1\63250.doc Wiling Address: PO Box 449 • Lancaster, PA 1760&0449 • www.atleehall.com Lancaster Office: Eight North Queen Street • Lancaster, PA 17603 • 717.393.9596 • 800.924.2309 • fax 717.393.2138 Philadelphia Office: 1500 Market Street • 12th Floor, East Tower 9 Philadelphia, PA 19102 • 215.665.5759 9 fax 215.569.8228 CAROL SEBASTIAN, Individually IN THE COURT OF COMMON PLEAS OF As the Trustee Ad Litem for the CUMBERLAND COUNTY, PENNSYLVANIA Estate of HILDA OPPEL, Deceased Plaintiff V. HOLY SPIRIT HOSPITAL Defendant No. 05-2398 CIVIL ORDER OF COURT AND NOW, this 23rd day of July, 2007, upon consideration of Plaintiff's Amended Petition for Approval of Settlement filed July 13, 2007, IT IS HEREBY ORDERED AND DIRECTED that Plaintiff's Amended Petition for Approval of Settlement is GRANTED. Settlement of the survival claim in the above-referenced matter in the amount of $45,000.00 is hereby APPROVED. /Dan M. Brookhart, Esquire Attorney for Plaintiff bas J By the Court, ??, -?, (?a M. L. Ebert, Jr., J. ;?lY?i`? '?` < ,L .? ,?;? -- ?r ?? ? ? ? •" ? ?,??? o ? V? ? 1+' ?(? 1? Aj ` y, ? ? ? 1 ?, 513T, ??,„J t r.: V Dan M. Brookhart, Esquire ATLEE, HALL & BROOKHART, LLP 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 717-393-9596 Court I.D. No. 46552 Attorney for Plaintiff CAROL SEBASTIAN, Individually and as the Trustee Ad Litem for the Estate of HILDA OPPEL, Deceased Plaintiff VS. HOLY SPIRIT HOSPITAL Defendant IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2005-2398 JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END Pursuant to Pennsylvania Rule of Civil Procedure 229, kindly mark the docket in the above-captioned matter settled, discontinued and ended with prejudice as to all parties. Dated: ZQ d7 Respectfully submitted: ATLEE, HALL & BROOKHART, LLP By: Dan M. Brookhart, Esq ire Attorney for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. No. 46552 _. CERTIFICATE OF SERVICE I hereby certify that I have this day caused a true and correct copy of the foregoing document, to be served upon the following persons by placing a copy of the said document in the United States mail, first class mail, directed to their office addresses as follows: Wilbur Otto, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Dated: 10-7 ATLEE, HALL & BROOKHART, LLP By: Dan M. Brookhart, squire Erica Kirman-Boyer, Esquire Attorneys for Plaintiff 8 North Queen Street P.O. Box 449 Lancaster, PA 17608-0449 (717) 393-9596 I.D. Nos.46552 & 200540 f7 71 I-i - n t I ?a m ,, j