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Home My WebLink About06-0343It RONALD N. LEBOVITS, Esquire rlebovitsAa zarwin.com I.D. # 65979 MICHAEL L LIGGERA, Esquire mi lieQera@+?zarwin.com I.D. # 200417 ZARWIN BAUM ? DeVITO KAPLAN SCHAER TODDY, P.C. 1515 Market Street, Suite 1200 Philadelphia, PA 19102 Phone: (215) 569-2800 Fax: (215) 569-1606 THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually 2466 Mercer Street Harrisburg, PA 17104 vs. Plaintiffs, HOLY SPIRIT HOSPITAL 503 North 21s` Street Camp Hill, PA 17011-2288 and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL 503 North 21" Street Camp Hill, PA 17011-2288 Defendants This is a Maj r Case A Trial by Ju y is Demanded Attorneys for COURT OF COMMt OF CUMBERLAND NO: 0L -I? Z12 PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons in the above-captioned matter. Date: January 12, 2006 By: ZARWIN, BAUM, DeV SCHMR?c EDDY, P PLEAS KAPLAN, RONALD N. LEBOVITS, Esquire MICHAEL J. LIGGERA, Esquire Attorneys for Plaintiffs (zl 4Q V ot/) 1 ............................................................................... TO: HOLY SPIRIT HOSPITAL 503 North 21" Street Camp Hill, PA 17011-2288 and HOLY SPIRIT HEALTH SYSTEM d/b/a HOL7 503 North 2151 Street Camp Hill, PA 17011-2288 You are notified that the Plaintiff(s) I SEAL OF THE COURT DATE: a 60 6 DATE: ? ae Ya- Addresses must b THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually 2466 Mercer Street Harrisburg, PA 17104 Plaintiffs, VS. HOLY SPIRIT HOSPITAL, 503 North 21st Street Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-343 CIVIL TERM MEDICAL MALPRACTICE JURY TRIAL DEMANDED -and- HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL 503 North 21st Street Camp Hill, PA 17011 Defendants. ENTRY OF APPEARANCE TO THE, PROTHONOTARY: Please enter the appearance of Wilbur McCoy Otto on behalf of Defendants, Holy Spirit Hospital and Holy Spirit Health System dfb/a Holy Spirit Hospital with respect to the above captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: January 30, 2006 By: 'Wilbur McCoy 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 and Holy Spirit Health System d/bla Holy Spirit Hospital CERTIFICATE OF SERVICE I, Wilbur McCoy Otto, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe for Appearance has been served this 30 day, of January, 2006, by U.S. Mail, postage prepaid, upon counsel of record. DICKIE, McCAMEY & CHILCOTE, P.C. By ; ilbur McCoy Otto, Esquire Attorney for the Defendants, Holy Spirit Hospital and Holy Spirit Health System d/b/a Holy Spirit Hospital N {'! :-? `I _ T ? _? 1 __ W I (fl -.? i n t -,J - .-- ? ?_, - ? -;i .Ni _{ ?ry .D _. ( ? ?< e DICKIE, MCCAMEY & CHILCOTE, P.C. BY: FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY ID. NO. 27594 BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 731-4800 (Tel) (717) 731-4803 (Fax) THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually, Plaintiffs ATTORNEY FOR DEFENDANTS HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM DB/A HOLY SPIRIT HOSPITAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-343 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL, Defendants : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Francis E. Marshall, Jr., Esquire and Thomas M. Chairs, Esquire, on behalf of Defendants, Holy Spirit Hospital, Holy Spirit Health System, d/b/a Holy Spirit Hospital, with respect to the above-captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: April 18, 2006 By: F cis E. arshall, Jr., Esquire Supreme Court I. D. #27594 Thomas M. Chairs, Esquire Supreme Court I.D. #78565 of CERTIFICATE OF SERVICE AND NOW, this 18`" day of April, 2006, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing document upon all counsel of record or parties involved by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Ronald N. Lebovits, Esquire Michael J. Liggera, Esquire ZARWIN BAUM DeVITO KAPLAN SCHAER TODDY, P.C. 1515 Market Street, Suite 1200 Philadelphia, PA 19102 (Counsel for Plaintiffs) Thomas M. Chairs, Esquire ;:,; ":,-,?? ?: SHERIFF'S RETURN - REGULAR CASE NO: 2006-00343 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOLLINGER CAROLE M ESTATE OF VS HOLY SPIRIT HOSPITAL ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOLY SPIRIT HOSPITAL the DEFENDANT , at 1147:00 HOURS, on the 25th day of January 2006 at 210 SENATE AVENUE 3RD FLOOR CAMP HILL, PA 17011-2288 by handing to TERRI PLESCE, RISK MANAGEMENT, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 .00 41.20 Sworn and Subscribed to before me this J/ 4,t day of -? '2&)(, A. D. rotrot a? So Answers: R. Thomas Klin 01/26/2006 ZARWIN BAUM DEVITO KAPLAN TODD By. Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2006-00343 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOLLINGER CAROLE M ESTATE OF VS HOLY SPIRIT HOSPITAL ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOLY SPIRIT HEALTH SYSTEM DBA HOLY SPIRIT HOSPITAL the DEFENDANT , at 1147:00 HOURS, on the 25th day of January , 2006 at 210 SENATE AVENUE 3RD FLOOR CAMP HILL, PA 17011-2288 by handing to TERRI PLESCE, RISK MANAGEMENT, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this dkAt day of -yh ? 2 A. D. Prot ar So Answers: R. Thomas Kline 01/26/2006 ZARWIN BAUM DEVITO KAPLAN TODD By : Deputy Sheriff RONALD LEBOVITS, Esquire rlebovits(a)zarwin.com I.D. # 65979 MICHAEL J. LIGGERA, Esquire Lnli eeraaa?,zarwin.com I.D. # 200417 ZARWIN, BAUM, DEVITO, KAPLAN SCHAER & TODDY, P.C. 1515 Market Street, Suite 1200 Philadelphia, PA 19102 Phone: (215) 569-2800 THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually Plaintiffs, VS. HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL Defendants NOTICE TO DEFEND "NOTICE' You have been sued in court if you wish to defend against the the claim set forth in the following pages. You must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claim set forth against you You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or far any other claim or relief requested by the plaintiff. You may lose money or property or other rights important w you. NO: 06-343 "AVISO' Le han demandado a Used an Is torte. Si ustcd quiere defendesse de miss demendas cpueass an Ins paginss siguientes, sited time veinte (20) dies de pluo al partir de Is laths de Is demanda y Is notification. Hace film monster una comparencia escrita o an persona o con un abogado y cottager ka V crate an form escrita sus defrmas o sue objections a Ise demandes an conta a de so persons. sea Avisado que at usted on st defierMe Is torte wmara tnedidas y puede continuar las demanda on contra suya sin previo aviso o notification. Adams b torte puedo decidir a favor del demandante y requiere que sited cumpla as ]as provisions de esta demanda. Usted puedo dire, o am propiedades u omos detaches impor antes pars rated YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP This is a Major Case A Jury Trial is Demanded Attorneys for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE SI NO T1ENE ABOGADO O SI NO THINE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAMA FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL, CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA (717) 249-3166 RONALD LEBOVITS, Esquire rlebovits(azarwin.com I.D. # 65979 MICHAEL J. LIGGERA, Esquire mj Ii2ReIa(a)zarwin.COm I.D. # 200417 ZARWIN, BAUM, DEVITO, KAPLAN SCHAER & TODDY, P.C. 1515 Market Street, Suite 1200 Philadelphia, PA 19102 Phone: (215) 569-2800 Fax: (215) 569-1606 THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually Plaintiffs, vs. HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL Defendants NO: 06-343 CIVIL ACTION COMPLAINT 1. Carole M. Bollinger is deceased. 2. At all rimes material hereto, Ms. Bollinger was an adult individual who resided in the Commonwealth of Pennsylvania. 3. Arlene S. Kohr was duly appointed by the Register of Wills of Cumberland County as the Executrix of the Estate of Carole M. Bollinger. 4. This civil lawsuit is hereby commenced for both a survival action and, where applicable, wrongful death proceeds pursuant to 42 Pa.C.S.A. §§ 8301 and 8302. 5. At all times material hereto, HOLY SPIRIT HOSPITAL was a duly registered Pennsylvania corporation and/or hospital entity with a principal location at 503 North 21st Street, This is a Major Case A Jury Trial is Demanded Attorneys for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Camp Hill, PA 17011-2288, 6. At all times material hereto, HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL was a duly registered Pennsylvania corporation and/or hospital entity with a principal location at 503 North 21st Street, Camp Hill, PA 17011-2288. 7. At all times material hereto, Defendants HOLY SPIRIT HOSPITAL and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL (hereinafter, collectively, "Holy Spirit Hospital") jointly and/or separately owned, operated, managed and/or maintained an acute care hospital located at 503 North 21 st Street, Camp Hill, PA 17011-2288 commonly known as Holy Spirit Hospital and these Defendants acted both directly as well as by and through their agents, servants and/or employees, acting within the scope of their agency, servitude and/or employment. 8. Ms. Bollinger was transported to the emergency room of Holy Spirit Hospital at approximately 8:30 a.m. on February 4, 2004 secondary to increasing shortness of breath. 9. Upon arrival to the emergency room, it was noted - without elaboration or detail - that Ms. Bollinger had a "wd sacrum; cellulitis," presumably identifying a wound on the sacrum characterized by inflammation. 10. Ms. Bollinger remained a patient in the emergency room from 8:30 a.m. on February 4`h until at least 1:00 a.m. on February 5`h, a period of 16 &'h hours, even though orders had been issued at 1:30 p.m. on February 4`h to admit Ms. Bollinger to the hospital telemetry unit. 11. Upon information and belief, while a patient in the emergency room for at least 16 &'/2 hours, Ms. Bollinger remained in a standard emergency room bed, primarily positioned on her back. 2 12. Upon information and belief, while a patient in the emergency room for at least 16 & 1/2 hours, no nurses or hospital health care workers turned and repositioned Ms. Bollinger at least every two hours. 13. On February 5, 2004, Ms. Bollinger was transferred to the telemetry unit at approximately 2:30 a.m. 14. At that time, a nurse from the hospital completed a formal patient admission assessment. 15. On that assessment, the hospital nurse was required to identify all abnormalities to Ms. Bollinger's skin integrity by marking a body diagram. 16. No mark was placed on any portion of Ms. Bollinger' posterior. 17. At 1:00 p.m. on February 5, 2004, Ms. Bollinger was examined by a wound care specialist who identified a substantial bedsore on Ms. Bollinger's sacrum, which was characterized by the presence of necrosis, depth, odor and discharge. 18. Upon information and belief, the sacral bedsore identified on February 5th at 1:00 p.m. principally developed while Ms. Bollinger was in the hospital emergency room. 19. Ms. Bollinger remained a patient at Holy Spirit Hospital until March 4, 2004. 20. Between February 5, 2004 and March 4, 2004, the sacral bedsore progressively worsened. 21. It increased dramatically in size and depth, causing exposure of the tail bone. 22. The worsening of the sacral bedsore was caused, in material part, by care failures of the Holy Spirit Hospital staff. 23. In particular, the Holy Spirit Hospital staff failed to routinely and consistently turn and reposition Ms. Bollinger every two hours, minimally, to relieve pressure off of Ms. Bollinger's tailbone area and buttocks. 24. The Holy Spirit Hospital staff failed to routinely and consistently position Ms. Bollinger off of her tailbone and buttocks areas and onto her sides. 25. The Holy Spirit Hospital staff also failed to timely provide Ms. Bollinger with an appropriate and adequate hospital bed that was suitable to her needs. 26. The Holy Spirit Hospital staff failed to timely provide Ms. Bollinger with appropriate and timely nutritional interventions. 27. The above specified care failures violated the standard of care for the treatment of bedsores. 28. The above noted bedsores caused Ms. Bollinger to experience pain and discomfort. 29. The above noted bedsores caused Ms. Bollinger to decline, and, ultimately, to die on March 24, 2004. WHEREFORE, Plaintiff demands judgment against these Defendants, jointly and severally, for damages in an amount in excess of Fifty Thousand Dollars ($50,000.00), together with interest plus cost of suit, medical expenses, and any other remedy as deemed just and appropriate by the Court. ZARWIN BAUM DeVITO KAPLAN SCH 7DY, P.C. Dated: August 25, 2006 By: A40 RONALD LEBOVITS, Esquire Attorney for Plaintiffs 4 VERIFICATION I, ARLENE S. KOHR, hereby state that I am the Executrix of the Estate of CAROLE M. BOLLINGER, the Plaintiff in this action and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Dated: Sr-/!g--t06 BY: ) //i / . -1 A ARLENE S. KOHR As Executrix of the Estate of CAROLE M. BOLLINGER CERTIFICATE OF SERVICE I, Ronald Lebovits, hereby affirm that a true and correct copy of Plaintiff s Civil Action Complaint was served this 25th day of August, 2006 by U.S. First class mail upon the following persons: Francis E. Marshall, Jr., Esquire Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 I hereby state that the above matters set forth herein are based upon my personal knowledge and are true and correct. I understand that the making of a false statement subjects me to punishment under the laws of the Commonwealth of Pennsylvania. Dated: August 25, 2006 By: ZARWIN BAUM DeVITO KAPLAN SCII j 7DDY, P.C. RONALD LEBOVITS, Esquire Attorney for Plaintiffs k 4?' t' RONALD LEBOVITS, Esquire rlebovitsQzarwin.com I.D. # 65979 MICHAEL J. LIGGERA, Esquire mj liQgeraQzarwin. corn I.D. # 200417 ZARWIN, BAUM, DEVITO, KAPLAN SCHAER & TODDY, P.C. 1515 Market Street, Suite 1200 Philadelphia, PA 19102 Phone: (215) 569-2800 Fax: (215) 569-1606 THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually Plaintiffs, VS. HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL Defendants NO: 06-343 CERTIFICATE OF MERIT AS TO: HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL I, Ronald N. Lebovits, Esquire, certify that an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. This claim is based, in part, on theories of vicarious liability to the extent that specific nursing failures were committed by numerous employees, agents and/or servants of the corporate Defendant. Plaintiff is presently unable to identify any particular employee, agent and/or servant of the Defendant who violated the standard of care because the identification of many such persons is indicated by initials placed on flow records, This is a Major Case A Jury Trial is Demanded Attorneys for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V not signatures. Most, if not all of the signatures that appear in the charts are largely illegible. Other relevant records bear neither signatures nor initials. This claim is also based, in part, upon the direct managerial failures of the corporate Defendant itself with regard to the administration and management of the subject facility, as alleged in Plaintiff's complaint. The names of those managerial employees are presently unknown to Plaintiff. ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. By: FV6 ?? RONALD LEBOVITS, ESQUIRE Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Ronald Lebovits, Esquire, hereby affirm that a true and correct copy of Plaintiffs' Certificate of Merit as to both Defendants was served this 29th day of September, 2006 by U.S. First class mail upon the following persons: Francis E. Marshall, Jr., Esquire Thomas M. Chairs, Esquire Dickie, McCamey & ChUcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 I hereby state that the above matters set forth herein are based upon my personal knowledge and are true and correct. I understand that the making of a false statement subjects me to punishment under the laws of the ommonwealth of Pennsylvania. RONALD LEBOVITS co f"O c c? VS. RONALD LEBOVITS, Esquire rlebovits(a)zarwin.com I.D. # 65979 MICHAEL J. LIGGERA, Esquire mj liggera(a,zarwin.com I.D. # 200417 ZARWIN, BAUM, DEVITO, KAPLAN SCHAER & TODDY, P.C. 1515 Market Street, Suite 1200 Philadelphia, PA 19102 Phone: (215) 569-2800 Fax: (215) 569-1606 THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually Plaintiffs, HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL Defendants This is a Major Case A Jury Trial is Demanded Attorneys for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 06-343 CERTIFICATE OF MERIT AS TO: HOLY SPIRIT HOSPITAL I, Ronald N. Lebovits, Esquire, certify that an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. This claim is based, in part, on theories of vicarious liability to the extent that specific nursing failures were committed by numerous employees, agents and/or servants of the corporate Defendant. Plaintiff is presently unable to identify any particular employee, agent and/or servant of the Defendant who violated the standard of care because the identification of many such persons is indicated by initials placed on flow records, W not signatures. Most, if not all of the signatures that appear in the charts are largely illegible. Other relevant records bear neither signatures nor initials. This claim is also based, in part, upon the direct managerial failures of the corporate Defendant itself with regard to the administration and management of the subject facility, as alleged in Plaintiff's complaint. The names of those managerial employees are presently unknown to Plaintiff. ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. By: A rz;_- RONALD LEBOVITS, ESQUIRE Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Ronald Lebovits, Esquire, hereby affirm that a true and correct copy of Plaintiffs' Certificate of Merit as to both Defendants was served this 29th day of September, 2006 by U.S. First class mail upon the following persons: Francis E. Marshall, Jr., Esquire Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 I hereby state that the above matters set forth herein are based upon my personal knowledge and are true and correct. I understand that the making of a false statement subjects me to punishment under the laws of the Commonwealth of Pennsylvania. ,- RONALD LEBOVITS 11-, THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually, Plaintiffs v HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 06-343 : CIVIL ACTION - : MEDICAL PROFESSIONAL : LIABILITY ACTION : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Arlene S. Kohr, Executrix c/o Ronald N. Lebovits, Esquire Michael J. Liggera, Esquire ZARWIN BAUM DeVITO KAPLAN SCHAER TODDY, P.C. 1515 Market Street, Suite 1200 Philadelphia, PA 19102 YOU ARE HEREBY NOTIFIED to plead to the enclosed New Matter of Defendant Holy Spirit Health Systemto the Plaintiffs Complaint within twenty (20) days from service hereof, or a default judgment may be entered against you. Date: November 9, 2006 DICKIE, McCAMEY & CHILCOTE, P.C. By: Tho M. Chairs, Esquire Supreme Ct. I.D. #78565 1200 Camp Hill Bypass - Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Counsel for Defendants THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually, Plaintiffs V HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 06-343 : CIVIL ACTION - : MEDICAL PROFESSIONAL : LIABILITY ACTION JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL TO THE PLAINTIFF'S COMPLAINT AND NOW, comes Defendant Holy Spirit Health System d/b/a Holy Spirit Hospital, by and through its counsel, DICKIE, MCCAMEY & CHILCOTE, P.C., by Thomas M. Chairs, Esquire, and files the within Answer with New Matters to the Plaintiff's Complaint and in support thereof avers as follows: 1. After reasonable investigation the Answering Defendant is without knowledge or information sufficient as to form a belief as to the truth or falsity of the averments set forth in paragraph 1 of the Plaintiff's Complaint, and therefore answering Defendant denies same and demands strict proof thereof at the time of trial. 2. After reasonable investigation the Answering Defendant is without knowledge or information sufficient as to form a belief as to the truth or falsity of the averments set forth in paragraph 2 of the Plaintiffs Complaint, and therefore answering Defendant denies same and demands strict proof thereof at the time of trial. 3. After reasonable investigation the Answering Defendant is without knowledge or information sufficient as to form a belief as to the truth or falsity of the averments set forth in paragraph 3 of the Plaintiff's Complaint, and therefore answering Defendant denies same and demands strict proof thereof at the time of trial. 4. Paragraph 4 of Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 4 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. 5. Denied. Paragraph 5 of the Plaintiff's Complaint refers to a party other than the Answering Defendant, consequently no answer is required. In the alternative, to the extent that paragraph 5 of the Plaintiff's Complaint is deemed to contain facts that pertain to the Answering Defendant, those allegations of fact are denied generally as after reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth therein. 6. Admitted in part. Denied in part. It is admitted that Holy Spirit Health System is a Pennsylvania non-profit health corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a principal place of business located at 503 North 21st Street, Camp Hill, Pennsylvania, 17011. It is specifically and unequivocally denied that the Holy Spirit Health System is a hospital or engaged in the dissemination of health care. 7. Denied. It is specifically and unequivocally denied that the Holy Spirit Health System is a hospital or engaged in the dissemination of health care. The general allegations of agency made in paragraph 7 of the Plaintiff's Complaint are specifically denied. By way of further response, the remainder of paragraph 7 of the Plaintiff's Complaint refers to a party other than the Answering Defendant, consequently no answer is required. In the alternative, to the extent that the remainder of Paragraph 7 of the Plaintiff's Complaint is deemed to contain facts that pertain to the Answering Defendant, those allegations of fact are denied generally as after reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth therein. 8. Paragraph 8 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 9. Paragraph 9 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 10. Paragraph 10 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 11. Paragraph 11 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 12. Paragraph 12 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 13. Paragraph 13 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 14. Paragraph 14 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 15. Paragraph 15 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 16. Paragraph 16 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 17. Paragraph 17 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 18. Paragraph 18 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 19. Paragraph 19 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 20. Paragraph 20 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 21. Paragraph 21 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 22. Paragraph 22 of Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 22 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. 23. Paragraph 23 of Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 23 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. 24. Paragraph 24 of Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 24 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. 25. Paragraph 25 of Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 25 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. 26. Paragraph 26 of Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 26 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. 27. Paragraph 27 of Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 27 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. 28. Paragraph 28 of Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 28 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. 29. Paragraph 29 of Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 29 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. WHEREFORE, Answering Defendant denies that the Plaintiff's are entitled to the relief requested or any relief whatsoever and demand that judgment be entered in favor of Answering Defendant and that the Answering Defendant be awarded appropriate costs and fees. NEW MATTER 30. To the extent that the evidence reveals that Plaintiff failed to follow medical advice, failed to treat properly, or otherwise failed to mitigate his damages, this Defendant pleads the defense of the failure to mitigate. 31. To the extent that the evidence reveals that Plaintiff failed to file this action in a timely manner, this Defendant pleads the defense of the statute of limitations. 32. To the extent that the evidence reveals that the Plaintiff had a pre-existing condition that caused or contributed to his injuries, this Defendant pleads the existence of that pre-existing condition as a defense. 33. If at the time of trial it is established that this Defendant accepted less than full payment for certain of Plaintiff's medical expenses or otherwise forgave certain of those expenses, then this Defendant pleads any such set-offs as an affirmative defense. 34. This Defendant raises the acts and/or omissions of third parties over whom Defendants had neither the right nor duty to control as a complete and/or partial bar to Plaintiff's claims. 35. To the extent that the evidence reveals that Plaintiff lacked the capacity to sue at the time this action was commenced, or at any time relevant hereto, this Defendant pleads the lack of capacity to sue as an affirmative defense. 36. To the extent that it is determined that Plaintiff is or was engaged in other litigations or proceedings pertaining to the injuries alleged in this Complaint, this Defendant pleads the defenses of accord and satisfaction, arbitration and award, estoppel, and release. 37. The recovery of medical expenses paid by any third-party, including any insurance carrier, is barred pursuant to Section 508 of the Medical Care Availability and Reduction of Errors Act (Act 13 of 2002 (40 P.S. §1301.508)). 38. Answering Defendant hereby invokes all provisions of the Medical Care Availability and Reduction of Error Act to the extent such provisions constitute affirmative defenses to Plaintiffs claims. Respectfully submitted, DICHIE, MCCAMEY & CHILCOTE, P.C. Date: November 9, 2006 By: Thomas M. Chairs, Esquire Supreme Court I.D. #78565 Eric S. Lamprey, Esquire Supreme Court I.D. #204423 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Phone 717-731-4800 Counsel for Defendants PC-141 VERIFICATION I, Franchesca J. Charney, Director, Risk Management, hereby verifies that the facts set forth in the Defendant's Answers to the Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL Date: By:????- Franchesca J. Cha y, Director RECEIVED NOV 0 8 100f CERTIFICATE OF SERVICE AND NOW, this 9th day of November, 2006, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing document upon all counsel of record or parties involved by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Ronald N. Lebovits, Esquire Michael J. Liggera, Esquire ZARWIN BAUM DeVITO KAPLAN SCHAER TODDY, P.C. 1515 Market Street, Suite 1200 Philadelphia, PA 19102 (Counsel for Plaintiffs) Thomas M. tb?irsE-squi'd THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually, Plaintiffs v HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 06-343 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Arlene S. Kohr, Executrix c/o Ronald N. Lebovits, Esquire Michael J. Liggera, Esquire ZARWIN BAUM DeVITO KAPLAN SCHAER TODDY, P.C. 1515 Market Street, Suite 1200 Philadelphia, PA 19102 YOU ARE HEREBY NOTIFIED to plead to the enclosed New Matter of Defendant Holy Spirit Hospital to the Plaintiff's Complaint within twenty (20) days from service hereof, or a default judgment may be entered against you. Date: November 9, 2006 DICKIE, McCAMEY & CHILCOTE, P.C. By: Thom . Chairs, Esquire Supreme Ct. I.D. #78565 1200 Camp Hill Bypass - Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Counsel for Defendants THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually, Plaintiffs v HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 06-343 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF HOLY SPIRIT HOSPITAL TO THE PLAINTIFF'S COMPLAINT AND NOW, comes Defendant Holy Spirit Hospital, by and through its counsel, DICKIE, MCCAMEY & CHILCOTE, P.C., by Thomas M. Chairs, Esquire, and files the within Answer with New Matters to the Plaintiff's Complaint and in support thereof avers as follows: 1. After reasonable investigation the Answering Defendant is without knowledge or information sufficient as to form a belief as to the truth or falsity of the averments set forth in paragraph 1 of the Plaintiff's Complaint, and therefore answering Defendant denies same and demands strict proof thereof at the time of trial. 2. After reasonable investigation the Answering Defendant is without knowledge or information sufficient as to form a belief as to the truth or falsity of the averments set forth in paragraph 2 of the Plaintiff's Complaint, and therefore answering Defendant denies same and demands strict proof thereof at the time of trial. 3. After reasonable investigation the Answering Defendant is without knowledge or information sufficient as to form a belief as to the truth or falsity of the averments set forth in paragraph 3 of the Plaintiffs Complaint, and therefore answering Defendant denies same and demands strict proof thereof at the time of trial. 4. Paragraph 4 of Plaintiffs Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 4 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. 5. It is admitted that Defendant Holy Spirit Hospital is a duly registered Pennsylvania non-profit hospital, located at 503 North 21St Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 6. Denied. Paragraph 6 of the Plaintiffs Complaint refers to a party other than the Answering Defendant consequently no answer is required. In the alternative to the extent that paragraph 6 of the Plaintiffs Complaint is deemed to contain facts that pertain to the Answering Defendant, those allegations of fact are denied generally as after reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth therein. 7. Admitted in part. Denied in part. It is admitted that Defendant, Holy Spirit Hospital is a Pennsylvania non-profit corporation, organized and existing under the laws of the Commonwealth of Pennsylvania, which owns, operates and maintains a hospital facility located at 503 North 21s' Street, Camp Hill, Pennsylvania, 17011-0228. The general allegations of agency made in paragraph 7 of the Plaintiffs Complaint are specifically denied. By way of further response, it is specifically and unequivocally denied that the answering Defendant is in any way liable to the Plaintiff. 8. Paragraph 8 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 9. Paragraph 9 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 10. Paragraph 10 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 11. Paragraph 11 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 12. Paragraph 12 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. . 13. Paragraph 13 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 14. Paragraph 14 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 15. Paragraph 15 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 16. Paragraph 16 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 17. Paragraph 17 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 18. Paragraph 18 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 19. Paragraph 19 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 20. Paragraph 20 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 21. Paragraph 21 is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 22. Paragraph 22 of Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 22 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. 23. Paragraph 23 of Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 23 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. 24. Paragraph 24 of Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 24 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. 25. Paragraph 25 of Plaintiffs Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 25 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. 26. Paragraph 26 of Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 26 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. 27. Paragraph 27 of Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 27 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. 28. Paragraph 28 of Plaintiffs Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 28 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. 29. Paragraph 29 of Plaintiffs Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative, to the extent that paragraph 29 is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pa.R.C.P. 1029. WHEREFORE, Answering Defendant denies that the Plaintiffs are entitled to the relief requested or any relief whatsoever and demand that judgment be entered in favor of Answering Defendant and that the Answering Defendant be awarded appropriate costs and fees. NEW MATTER 30. To the extent that the evidence reveals that Plaintiff failed to follow medical advice, failed to treat properly, or otherwise failed to mitigate his damages, this Defendant pleads the defense of the failure to mitigate. 31. To the extent that the evidence reveals that Plaintiff failed to file this action in a timely manner, this Defendant pleads the defense of the statute of limitations. 32. To the extent that the evidence reveals that the Plaintiff had a pre-existing condition that caused or contributed to his injuries, this Defendant pleads the existence of that pre-existing condition as a defense. 33. If at the time of trial it is established that this Defendant accepted less than full payment for certain of Plaintiff's medical expenses or otherwise forgave certain of those expenses, then this Defendant pleads any such set-offs as an affirmative defense. 34. This Defendant raises the acts and/or omissions of third parties over whom Defendants had neither the right nor duty to control as a complete and/or partial bar to Plaintiff's claims. 35. To the extent that the evidence reveals that Plaintiff lacked the capacity to sue at the time this action was commenced, or at any time relevant hereto, this Defendant pleads the lack of capacity to sue as an affirmative defense. 36. To the extent that it is determined that Plaintiff is or was engaged in other litigations or proceedings pertaining to the injuries alleged in this Complaint, this Defendant pleads the defenses of accord and satisfaction, arbitration and award, estoppel, and release. 37. The recovery of medical expenses paid by any third-party, including any insurance carrier, is barred pursuant to Section 508 of the Medical Care Availability and Reduction of Errors Act (Act 13 of 2002 (40 P.S. §1301.508)). 38. Answering Defendant hereby invokes all provisions of the Medical Care Availability and Reduction of Error Act to the extent such provisions constitute affirmative defenses to Plaintiffs claims. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: November 9, 2006 By: Thom4ld hairs, squire Supreme Court I.D. #78565 Eric S. Lamprey, Esquire Supreme Court I.D. #204423 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Phone 717-731-4800 Attorney for Defendant, Holy Spirit Hospital PC-141 VERIFICATION I, Franchesca J. Chamey, Director, Risk Management, hereby verifies that the facts set forth in the Defendant's Answers to the Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL Date: By: 16ame ka? Z Gt Franchesca J. Ch ey, Director RECEIVED . . V, CERTIFICATE OF SERVICE AND NOW, this 9th day of November, 2006, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing document upon all counsel of record or parties involved by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Ronald N. Lebovits, Esquire Michael J. Liggera, Esquire ZARWIN BAUM DeVITO KAPLAN SCHAER TODDY, P.C. 1515 Market Street, Suite 1200 Philadelphia, PA 19102 (Counsel for Plaintiffs) M. Chairs - `r7 i C) A RONALD LEBOVITS, Esquire rlebovits ,zarwinxom I.D. # 65979 MICHAEL J. LIGGERA, Esquire mi liegera(&,,zarwin.com I.D. # 200417 ZARWIN, BAUM, DEVITO, KAPLAN SCHAER & TODDY, P.C. 1515 Market Street, Suite 1200 Philadelphia, PA 19102 Phone: (215) 569-2800 Fax: (215) 569-1606 THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually Plaintiffs, VS. HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL Defendants This is a Major Case A Jury Trial is Demanded Attorneys for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 06-343 PLAINTIFFS' REPLY TO THE NEW MATTER OF DEFENDANTS, HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM TO PLAINTIFFS' COMPLAINT Plaintiffs, The Estate of Carole M. Bollinger, by and through the Executrix of her Estate, Arlene S. Kohr, and Individually, and by and through the undersigned counsel, hereby respond to the New Matter filed by Defendants, Holy Spirit Hospital and Holy Spirit Health System to Plaintiffs' Complaint as follows: 30 - 38. Denied. These allegations set forth in the Defendants' New Matter constitute conclusions of law to which no response is required. By way of further reply, strict proof of each and every allegation asserted in the Defendants' New Matter is hereby demanded at the time of trial. WHEREFORE, Plaintiffs, The Estate of Carole M. Bollinger, by and through the Executrix of her Estate, Arlene S. Kohr, and Individually hereby demand Judgment in their favor and against the Defendants in an amount in excess of Fifty Thousand ($50,000.00) Dollars together with any further relief this Court shall deem just and proper. ZARWIN, BAUM, DeVITO, KAPLAN SCHAER & TODDY, P.C. Dated: November 14, 2006 By: MICH L J. , Esquire Attorney for P aintiffs VERIFICATION Michael J. Liggera, Esquire, hereby states that he is the attorney for the Plaintiffs in this action and verifies that the statements made in the foregoing Answer to New Matter of Defendants, Holy Spirit Hospital and Holy Spirit Health System, to Plaintiffs' Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. 4 /. - a- ?-., ? MICH L J. LI E , Esquire Attorney for Plai of s /? h) -- .? .--, r: ; ice.? ? •?" ?? ?? ?.-? ? '?4_? i -r?` J -. " r.+.? RONALD N. LEBOVITS, Esquire rlebovits(iDzarwin.com I.D. # 65979 MEREDITH D. McKNIGHT, Esquire mdmcknight(cDzarwin.com I.D. # 200440 ZARWIN ? BAUM ? DeVITO ? KAPLAN SCHAER TODDY, P.C. 1515 Market Street, Suite 1200 Philadelphia, PA 19102 Phone: (215) 569-2800 Fax: (215) 569-1606 THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually Plaintiffs, vs. HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: NO: 06-343 Kindly enter my appearance as co-counsel for the Plaintiffs, Estate of CAROLE M. BOLLINGER, by and through the Administratrix of her Estate, ARLENE S. KOHR, and Individually, in the above captioned matter. This is a Major Case A Trial by Jury is Demanded Attorneys for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ZARWIN, BAUM, DeVITO, KAPLAN SCHAER & TODDY, P.C. Dated: March 27, 2007 By: A?? MEREDITH D. McKNIGHT, Esquire Co-Counsel for Plaintiffs n ? ? ?n? -j ?'71 ? -- _- ? _, ? ? `? r_.' _?? i,. . :? ? . ? , r? »? ?. ?y .?? ZARWIN, BAUM, DeVTTO, KAPLAN SCHAER, & TODDY, P.C. By: Ronald N. Lebovits, Esquire ID#: 65979 1818 Market Street, 13th Floor Philadelphia, PA 19103 215-569-2800... Phone 215-569-1606...Fax THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually Plaintiffs, vs. HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL ^Y ?'V7 7W 2310 FEB 13 Pii a C.'J Attorney for Plaintiffs_ J,\ Jury Trial It`01,00' ,. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 06-343 Defendants PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES OF DEFENDANTS HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL Plaintiffs hereby respectfully requests that this Honorable Court direct Defendants to serve full and complete answers to Plaintiff's Special Interrogatories (Set I) and Request for Production of Documents (Set I), and in support thereof, avers as follows: 1. This is a case arising from a pressure ulcer (commonly known as a bedsore) that developed and/or worsened on Plaintiff's sacrum (tailbone) while she was a patient at Defendants' facilities from February 4, 2004 to March 4, 2004. 2. The development and worsening of the bedsore was caused, in material part, by care failures of the Defendants' staff. 3 3. On January 18, 2006, Plaintiff filed a Writ of Summons. 4. On August 28, 2006, Plaintiff filed his Complaint. 5. On November 9, 2006, Defendant filed its Answer to Plaintiff's Complaint. 6. On February 21, 2007, Plaintiff served Plaintiff's Special Interrogatories (Set I) and Request for Production of Documents (Set I) upon Defendant. (Please see Exhibit A) 7. The deadline for the service of a response owed by Defendant passed and Defendant did not timely serve a response in any fashion or form. 8. In correspondence dated September 24, 2009, Plaintiff wrote to Defendants' counsel and requested answers to Plaintiff's Special Interrogatories (Set I) and Request for Production of Documents (Set I). (Please see Exhibit B) 9. To date, Defendants have never served any response to either Plaintiff's Special Interrogatories (Set I) or Request for Production of Documents (Set I). 10. To date, Defendants have not sought any protective Order or in any fashion obtained permission from the Court to ignore the subject discovery. 11. Plaintiffs are entitled to discovery answers. 12. Defendants are obligated to serve discovery answers. 13. Plaintiffs are being prejudiced by the Defendants' failure to fulfill their discovery obligations. 14. Upon information and belief, no judge has ruled upon any other issue in this or a related matter. 4 WHEREFORE, Plaintiffs respectfully request that this Honorable Court grant Plaintiffs' Motion and direct Defendants to serve full and complete answers to Plaintiffs' Special Interrogatories (Set I) and Request for Production of Documents (Set I) within twenty (20) days or risk the imposition of further sanctions. ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER, & TODDY P.C. Dated: February 17, 2010 BY: RONALD N. LEBOVITS, ESQUIRE Attorney for Plaintiff 5 ZARWIN, BAUM, DeVITO, KAPLAN SCHAER, & TODDY, P.C. By: Ronald N. Lebovits, Esquire ID#: 65979 1818 Market Street, 13th Floor Philadelphia, PA 19103 215-569-2800...Phone 215-569-1606...Fax THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually Plaintiffs, vs. HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL Attorney for Plaintiffs Jury Trial Demanded COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 06-343 Defendants PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL DISCOVERY RESPONSES OF DEFENDANTS HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL Pennsylvania Rule of Civil Procedure 4019(a)(1) specifically prohibits the refusal or failure of a party to file answers to interrogatories or to produce documents requested. The rule provides, in relevant part: The Court may, on motion, make an appropriate Order if: (i) a party fails to serve answers, insufficient answers or objections to written interrogatories under Rule 4005; (vii) a party, in response to a request for production or inspection made under Rule 4009, fails to respond to that inspection will be permitted as requested or fails to permit inspection as requested. (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. 6 In the instant case, as set forth in the attached Motion, Defendants have failed to provide answers to Plaintiff's Special Interrogatories (Set I) and Request for Production of Documents (Set I). Defendant has never sought any protective Order or any extension of the discovery time limits from this Court. Defendant is causing Plaintiff severe prejudice. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiff's Motion and direct Defendants to serve full and complete answers to Plaintiff's Special Interrogatories (Set I) and Request for Production of Documents (Set I) within twenty (20) days or risk the imposition of further sanctions. ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER, & TODDY, P.C. Dated: February 17, 2010 BY: RONAL N. LEBOVITS, ESQUIRE Attorney for Plaintiff 7 ZARWIN, BAUM, DeVITO, KAPLAN SCHAER, & TODDY, P.C. By: Ronald N. Lebovits, Esquire ID#: 65979 1818 Market Street, 13th Floor Philadelphia, PA 19103 215-569-2800... Phone 215-569-1606...Fax THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually Plaintiffs, VS. HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL Defendants Attorney for Plaintiffs Jury Trial Demanded COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 06-343 CERTIFICATE OF SERVICE I, RONALD N. LEBOVITS, attorney for Plaintiffs hereby certify that on this 17th day of February, 2010, a true and correct copy of the foregoing Motion to Compel was served on the following via fax transmission United States First Class Mail, postage prepaid: Francis E. Marshall, Jr., Esquire Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Dated: February 17, 2010 BY: WITO, KAPLAN, P.C. ALD N. LEBOVITS, ESQUIRE Attorney for Plaintiff 8 EXHIBIT 8 ZARWIN • BAUM • DEVITO KAPLAN • SCHAER • TODDY • P.C. ATTORNEYS AT LAW RONALD N. LEBOVITS Member PA. NJ & CA BARS rlebovits@zarWn.com February 21, 2007 Francis E. Marshall, Jr., Esquire Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Re: Estate of Carole Bollinger v. Holy Spirit Hospital Cumberland County CCP, Docket No. 06-343 Our File No: 18285 Dear Counsel: Enclosed, please find Plaintiff's Special Interrogatories (Set I) and Request for Production of Documents (Set I) addressed to the Defendants. Please provide answers to me within the time period required by the Pennsylvania Rules of Civil Procedure. truly yours, (tl rxz e RONALD N. LEBOVITS Enclosure 1515 MARKET STREET • 12TH FLOOR • PHLLAmLpHIA, PA 19102-1981 • (215) 569-2800 • FAx (215) 569-1606 • WWW.ZAR\MN.COM PENNSYLVANIA OFFICES: ALLENTOWN • CONSHOHOCKEN 4 NEW JERSEY OFFICES: JERSEY CITY * UNWOOD • MARLTON RONALD LEBOVITS, Esquire rlebovits(a)zarwin.com I.D. # 65979 MICHAEL J. LIGGERA, Esquire mjliggera &arwin.com I.D. # 200417 ZARWIN, BAUM, DEVITO, KAPLAN SCHAER & TODDY, P.C. 1515 Market Street, Suite 1200 Philadelphia, PA 19102 Phone: (215) 569-2800 Fax: (215) 569-1606 THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually Plaintiffs, VS.' HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL This is a Major Case A Jury Trial is Demanded Attorneys for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 06-343 Defendants PLAINTIFF'S SPECIAL INTERROGATORIES, SET I, ADDRESSED TO DEFENDANTS, HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL Plaintiff hereby files the following Interrogatories to be answered by Defendants under oath within thirty (30) days from the date of service. These Interrogatories are continuing, and any additional information which becomes known to party or party's counsel after answers are filed shall be set forth in Supplementary Answers which are to be filed, without demand, as soon as the additional information is known. DEFINITIONS AND INSTRUCTIONS 1. "DOCUMENT" means any writing or tangible thing from which data or information can be obtained or translated (if necessary through detection devices into usable form), known to you or in your custody, possession or control, which printed, recorded, reproduced by any process, or written or produced by hand, whether or not claimed to be privileged or exempt from production for any reason. 2. "REGARDING" means pertaining to, relating to, about, referring to, and contained in. 3. "FACTS" refers to all evidentiary facts presently known to the answering party from the existence of the combination of evidentiary and/or ultimate facts. 4. "PERSON" means natural person, groups of natural persons acting as individuals, groups of natural persons acting in collegial activity (e.g., as a committee, board of directors, etc.), corporations, partnership, joint ventures, and any other incorporated or unincorporated business or social entity. 5. "IDENTIFY" when referring to medical text means to state the complete name, author, publisher and date of publication. 6. "IDENTIFY" when referring to a person means to state the name, most current or last known address, telephone number, employment positions and dates employed. 7. "IDENTIFY" when referring to medical text means to state the complete name, author, publisher and date of publication. 8. "IDENTIFY" when referring to equipment means to state the name of the manufacturer, the product name, serial number, and any other identifying information on the equipment. 2 9. "MEDICAL TEXT" means a textbook, article, journal or other written material. 10. "YOU" and/or "YOUR" means HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL, their agents, employees, insurance companies, attorneys, investigators, and anyone else acting on their behalf. 11. "FACILITY" means HOLY SPIRIT HOSPITAL. 12. "PATIENT" means CAROLE M. BOLLINGER. SPECIAL INTERROGATORIES 1. IDENTIFY (state the name, most current or last known address, telephone number, title, positions and dates employed) each and every employee of YOURS who conducted wound assessments for the PATIENT while she was a patient at the FACILITY from February 4, 2004 until March 4, 2004. 2. IDENTIFY (state the name, most current or last known address, telephone number, dates employed) the Director(s) of Nurses at the FACILITY when the PATIENT was a patient at the FACILITY from February 4, 2004 until March 4, 2004. 3. IDENTIFY (state the name, most current or last known address, telephone number, and dates employed) any and all wound care nursing specialists employed by the FACILITY when the PATIENT was a patient at the FACILITY from February 4, 2004 until March 4, 2004. 4. State the name of the entity that owned the FACILITY from February 4, 2004 until March 4, 2004. State the name of the entity that managed the FACILITY from February 4, 2004 until March 4, 2004. 6. State the name of the entity that controlled the FACILITY from February 4, 2004 until March 4, 2004. 7. IDENTIFY (state the name, most current or last known address, telephone number, and dates employed) any and all wound care nursing specialists - whether employed by YOU or not - who provided in-service education and/or similar training to YOUR nursing staff at any time between January 1, 2003 and December 31, 2004, inclusive, on any of the following topics: skin care, skin assessments, skin breakdown, pressure sores, and/or pressure sore prevention. 4 8. IDENTIFY each and every employee, of the FACILITY who provided in-service education and/or similar training to YOUR nursing staff at any time between January 1, 2003 and December 31, 2004, inclusive, on any of the following topics: skin care, skin assessments, skin breakdown, pressure sores, and/or pressure sore prevention. 9. IDENTIFY (state the name, most current or last known address, telephone number, title, positions and dates employed) each and every employee of YOURS who provided care for the PATIENT while she was a patient at the FACILITY from February 4, 2004 until March 4, 2004 whom YOU presently reasonably intend to call as a witness at the time of trial in this matter. 10. IDENTIFY each and every person (other than YOUR employees) whom YOU presently reasonably intend to call as a witness at the time of trial in this matter. ZARWIN BAUM DeVITO KAPLAN SCHAER & TODDY, P.C. Dated: By: -7/91/07 RONALD LEBOVITS, Esquire Attorney for Plaintiff 5 RONALD LEBOVITS, Esquire rlebovits(@zarwin.com I.D. # 65979 MICHAEL J. LIGGERA, Esquire miliggera cQzarwin.com I.D. # 200417 ZARWIN, BAUM, DEVITO, KAPLAN SCHAER & TODDY, P.C. 1515 Market Street, Suite 1200 Philadelphia, PA 19102 Phone: (215) 569-2800 Fax: (215) 569-1606 THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually Plaintiffs, vs. HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL Defendants NO: 06-343 PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS, SET I, ADDRESSED TO DEFENDANTS, HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL You are directed to produce for purposes of inspection and copying at the office of This is a Major Case A Jury Trial is Demanded Attorneys for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiffs counsel within thirty (30) days the following: DEFINITIONS AND INSTRUCTIONS 1. "DOCUMENT" means any writing or tangible thing from which data or information can be obtained or translated (if necessary through detection devices into usable form), known to you or in your custody, possession or control, which printed, recorded, reproduced by any process, or written or produced by hand, whether or not claimed to be privileged or exempt from production for any reason. 2. "REGARDING" means pertaining to, relating to, about, referring to, and contained in. 3. "FACTS" refers to all evidentiary facts presently known to the answering party from the existence of the combination of evidentiary and/or ultimate facts. 4. "PERSON" means natural person, groups of natural persons acting as individuals, groups of natural persons acting in collegial activity (e.g., as a committee, board of directors, etc.), corporations, partnership, joint ventures, and any other incorporated or unincorporated business or social entity. 5. "IDENTIFY" when referring to medical text means to state the complete name, author, publisher and date of publication. 6. "IDENTIFY" when referring to a person means to state the name, most current or last known address, telephone number, employment positions and dates employed. 7. "IDENTIFY" when referring to medical text means to state the complete name, author, publisher and date of publication. 8. "IDENTIFY" when referring to equipment means to state the name of the manufacturer, the product name, serial number, and any other identifying information on the equipment. 2 9. "MEDICAL TEXT" means a textbook, article, journal or other written material. 10. "YOU" and/or "YOUR" means HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL, their agents, employees, insurance companies, attorneys, investigators, and anyone else acting on their behalf 11. "FACILITY" means HOLY SPIRIT HOSPITAL. 12. "PATIENT" means CAROLE M. BOLLINGER. DOCUMENTS TO BE PRODUCED Any and all educational and/or training documents and materials, including, but not limited to, films, videos, educational articles, periodicals, nursing care literature, etc. disseminated by YOUR FACILITY to YOUR employees, including, but not limited to, in- service programs, for the calendar years 2003 and 2004 on the following patient care topics: skin care, skin assessments, skin breakdown, pressure sores, and/or pressure sore prevention. 2. Any and all documents identifying a schedule of in-service education or training classes conducted at YOUR FACILITY for employees having responsibility of any aspect of patient care for the calendar years 2003 and 2004 on the following patient care topics: skin care, skin assessments, skin breakdown, pressure sores, and/or pressure sore prevention. 3. Any and all advertisements, representations, or other documentation made available to or otherwise disseminated to the public by YOUR FACILITY between January 1, 2003 and December 31, 2004, inclusive, which contains statements or descriptions about the quality, characteristic, type and standard of care provided to the patients at YOUR FACILITY or the approved status of YOUR FACILITY. This Request includes, but is not limited to, all brochures, any yellow page advertisements; newspaper advertisements; statements of care philosophy; statements or policies of care objective; billboard advertisements; magazine advertisements, fliers; and marketing materials made in connection with any events sponsored by YOUR FACILITY, or any other documentation created to promote and/or publicize YOUR FACILITY. 4 4. A copy of any and all Patient and/or Family guidebooks and/or orientation materials disseminated by YOUR FACILITY to new patients and/or to the families of new patients at any time during the calendar years 2003 and 2004. Any and all documents which reflect, itemize or otherwise show any and all amounts of money or payments received by YOUR FACILITY from any and every source for the care and treatment YOUR FACILITY rendered to the PATIENT, including but not limited to from Medicare, Medicaid or private payers. 6. The table of contents of any and all patient care policy and procedure manuals in effect at YOUR FACILITY during the PATIENT'S admission at YOUR FACILITY. 7. The following subject areas of YOUR FACILITY'S patient care policies, procedures and manuals that were in effect at any time during the PATIENT'S admission regardless of the actual title or section heading used by YOU: documentation standards, emergency room care, skin care, skin care, skin assessments, skin breakdown, pressure sores, and/or pressure sore prevention. NOTE: For the purpose of this Request, it will be sufficient to provide an un- segregated document so long as the date of each policy contained therein appears on it as required by Pennsylvania Department of Welfare. With respect to any policy that has been revised or updated, the defendant is requested to produce the original version, prior to change. In the event the policies do not contain a date as required by law, the defendant is requested to produce a true and correct copy of said policy in effect during the time when the PATIENT was your patient. 8. Any and all documents regarding investigations performed by YOUR FACILITY or on its behalf related to the allegations set forth in this action prior to the lawsuit being filed. 9. A copy of any and all incident reports regarding the PATIENT during the PATIENT'S admission at YOUR FACILITY, whether created for internal use, for submission to regulatory agencies or otherwise. 10. All correspondence authored by YOUR FACILITY to state licensing agencies or other care facilities regarding the PATIENT. 11. All correspondence authored by state licensing agencies or other care facilities regarding the PATIENT that YOUR FACILITY received. 12. A copy of your professional liability insurance policy and excess insurance coverage applicable to the issues and claims raised in this litigation in effect during the PATIENT'S residency at YOUR FACILITY along with the declaration page identifying the named insured(s) and policy limits as well as any and all reservation of rights letters issued by the insurance carrier with respect to this litigation, if any. 13. Color copies of all original wound photographs regarding the PATIENT. (Plaintiff agrees to reimburse Defendants for the cost of making said color copies.) 6 14. Any and all records that YOU created, possess or maintain that refer, relate to or concern the PATIENT, including but not limited to the PATIENT'S admission application, patient file, medical records, periodic assessments, billing records, etc. 15. Any and all notes from formal meetings of the nursing department of YOUR FACILITY at any time during the 2003 and 2004 calendar years, inclusive. 16. Any and all minutes or summaries from any meeting of YOUR Wound Care Committee between January 1, 2002 and December 31, 2004, inclusive which concern, refer or relate to the following topics: skin assessment; pressure sore prevention measures; pressure sore treatment protocols; charting of medical care in patient records; care plan creation; care plan revisions; care plan updates; pressure ulcer risk assessment; patient turn schedules. Dated: ; /;1 /0-7 By: 7 ZARWIN BAUM DeVITO KAPLAN SCHAER & TODDY, P.C. 7,60 RONALD LEBOVITS, Esquire Attorney for Plaintiff EXKIBIT B ZARWIN • BAUM • DEVITO KAPLAN • SCHAER • TODDY • P.C. ATTORNEYS AT LAW RONALD N. LEBOVITS Member PA, NJ & CA BARS rlebovits@zarvAn.com September 24, 2009 Francis E. Marshall, Jr., Esquire Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Re: Estate of Carole Bollinger v. Holy Spirit Hospital Cumberland County CCP, Docket No. 06-343 Our File No: 18285 Dear Counsel: My records reflect that by letter dated February 21, 2007, I served upon you Plaintiff's Special Interrogatories (Set I) and Request for Production of Documents (Set 1) addressed to the Defendants. To date, I have not received any response from you. Please provide answers to me at this time. Thank you for your attention to this request. PW ly yo rs, RO NALD N. LEBOVITS Enclosure 1515 MARKET STREET • 12TH FLOOR ? PHILADELPHIA, PA 19102-1981 • (215) 569-2800 • FAx (215) 569-1606 ? WWW.ZARWIN.COM PENNSYLVANIA OFFICES: BETHLEHEM ? CONSHOHOCKEN ? NEW JERSEY OFFICEs: JERSEY CM ? LINWMn • McRIMN CAINL PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for thE? next Argument Court.) --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE' (entire caption must be stated in full) - ° .?: -" - THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Esfate M ' ARLENE S. KOHR, and individually vs. HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH 4 •- 343 2006 _ SYSTEM d/b/a HOLY SPIRIT HOSPITAL r No No. -C 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion to Compel Discovery Responses 2. Identify all counsel who will argue cases: (a) for plaintiffs: Ronald N. Lebovits, Esquire, 1818 Market Street, 13th Fl, Philadelphia, PA 19103 (Name and Address) (b) for defendants: Francis E. Marshall, Esquire, 1200 Camp Hill Bypass, Ste 205, Camp Hill, PA 17011 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Signature Ronald N. Lebovits, Esquire Print your name Plaintiff Date: March I , 2010 Attorney for INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. . 601388 DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR DEFENDANT BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)7314803 ax THE ESTATE OF CAROLE M. IN THE COURT OF COMMON PLEAS BOLLINGER, by and through the OF CUMBERLAND COUNTY, Executrix of her Estate, ARLENE S. PENNSYLVANIA KOHR, and Individually, Plaintiff NO. NO. 06-343 V. MEDICAL MALPRACTICE ACTION HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL, Defendant JURY TRIAL DEMANDED DEFENDANT, HOLY SPIRIT HEALTH SYSTEM DB/A HOLY SPIRIT HOSPITAL'S ANSWER TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND NOW, comes Defendant, Holy Spirit Health System d/b/a Holy Spirit Hospital, by and through its counsel, Dickie, McCamey & Chilcote, P.C. and Answers Plaintiff's Motion to Compel Discovery Responses as follows: L-14. Denied as Moot. Holy Spirit Hospital has provided full and complete responses to Plaintiff's discovery requests. WHEREFORE, Defendant, Holy Spirit Hospital respectfully requests that this Honorable Court deny Plaintiff's Motion to Compel as moot. r 1 7 2-- rTj Z -C - G Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: March 31, 2010 By:. 4? Tho s fl) C airs, Esquire Supreme ourt I.D. #78565 Aaron S. Jayman, Esquire Supreme Court I. D. #85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendant Holy Spirit Hospital 2 CERTIFICATE OF SERVICE AND NOW, March 31, 2010, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Ronald N. Lebovits, Esquire Michael J. Liggera, Esquire ZARWIN BAUM DEVITO KAPLAN SCHAER TODDY, P.C. 1515 Market Street, Suite 1200 Philadelphia, PA 19102 (Counsel for Plaintiffs) -?y Aar n . a an, Esquire PAUL A. DOWNING, Esquire 12adowning@zarwin.com I.D. #307704 ZARWIN ? BAUM ? DeVITO ? KAPLAN SCHAER TODDY, P.C. 1818 Market Street, 131h floor Philadelphia, PA 19103 Phone: (215) 569-2800 Fax: (215) 569-1606 THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually Plaintiffs, VS. HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL k 11 ^- R -6 '1' 39 2010 A ` CUM r 1Sl fir, i4i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 06-343 Defendants PRAECIPE TO WITHDRAW PLAINTIFFS' PRAECIPE FOR LISTING CASE FOR ARGUMENT Kindly withdraw Plaintiffs' Praecipe for Listing Case for Argument which was inadvertently filed along with Plaintiff's Motion to Compel Discovery Responses in the above- captioned matter. ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. Dated: March 31, 2010 By: foL 9, PAUL A. DOWNING, Esq 1 e Attorney for Plaintiffs PAUL A. DOWNING, Esquire Radownine@zarwin.com I.D. #307704 ZARWIN BAUM ? DeVITO ? KAPLAN SCHAER TODDY, P.C. 1818 Market Street, 13th floor Philadelphia, PA 19103 Phone: (215) 569-2800 Fax: (215) 569-1606 THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually Plaintiffs, vs. HOLY SPIRIT HOSPITAL, and HOLY SPIRIT HEALTH SYSTEM d/b/a H16 AFS -8 H 2, cal COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 06-343 HOLY SPIRIT HOSPITAL Defendants PRAECIPE TO WITHDRAW PLAINTIFFS' MOTION TO COMPEL DISCOVERY RESPONSES Kindly withdraw Plaintiff's Motion to Compel Discovery Responses in the above- captioned matter. ZARWIN, BAUM, DeVITO, KAPLAN, SCHAER & TODDY, P.C. Dated: April 06, 2010 By: . PAUL A. DOWNING, Esquir Attorney for Plaintiffs THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR,and Individually vs Case No. 06-0343 HOLY SPIRIT HOSPITAL,and HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL _y ca9 Statement of Intention to Proceed —0 "o tea-- To the Court: C:1 a.41 Plaintiff,Estate of Carole M.Bollinger *-t intends to p ed with above captiFw5�naffi r. 4 Ronald N. Lebovits, Esquire Print Name Sign Name L/ September 9,2013 Plaintiff Date: Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I.Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice,preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v.Eagle,551 Pa.360,710 A.2d 1104 (1998) in which the court held that"prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision(a)of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity,the course of the procedure is with the parties. If the parties do not wish to pursue the case,they will take no action and"the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter,he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d)for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket,subdivision(d)(2)provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision(d)(3)requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision(d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. 2268235.doc DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY: Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-731-4800 (Tele) 888-811-7144 (Fax) ATTORNEY FOR: DEFENDANT HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM D/B/A HOLY SPIRIT HOSPITAL THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually, Plaintiffs, v. HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. NO. 06-343 C-) C- _7. MEDICAL MALPRACTICE ACTNV3 Cf' C7 .d" CD --- JURY TRIAL DEMANDED DEFENDANT'S MOTION TO DEEM ADMITTED THE REQUEST FOR ADMISSIONS PROPOUNDED UPON PLAINTIFFS AND NOW, comes Defendant, HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM D/B/A HOLY SPIRIT HOSPITAL, by and through its counsel, Dickie, McCamey & Chilcote, P.C. and files the within Motion as follows: 1. Defendant served Request for Admissions on the Plaintiffs on or about August 1, 2014. See, Exhibit "A." 2. In accordance with the Pennsylvania Rules of Civil Procedure, Plaintiffs' answers to the Request for Admissions were due on or before September 1, 2014 3. To date, Plaintiffs have not answered the Request for Admissions. 4. Accordingly, Defendant respectfully requests that this Honorable Court enter an Order admitting all matters set forth in the Request for Admissions which have gone unanswered for more than thirty (30) days. 5. The controlling law is stated clearly in the Pennsylvania Rules of Civil Procedure at Rule 4014(b). Rule 4014(b) states: "The matter [of which an admission is requested] is admitted unless, within thirty days after service of the request..., the party to whom the request is directed serves upon the party requesting the admission an answer verified by the party or an objection, signed by the party or the party's attorney..." Rule 4014 continues and provides in subpart (d) that: Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. 6. Citing Rule 4014, Pennsylvania courts routinely deem as conclusively admitted matters properly set forth in requests for admissions which go unanswered for thirty days. Innovate, Inc. v. United Parcel Service, Inc., 418 A.2d 720 (1980). See, also, Commonwealth v. Diamond Shamrock Chemical Co.. 391 A.2d 1333 (Cmwlth. 1978). 7. Pennsylvania courts even will grant summary judgment for failure to answer or object to requests within thirty days. Richard T. Byrnes. Co. v. Buss Automation, Inc., 609 A.2d 1360 (Pa.Super. 1992); Innovate, 418 A.2d at 724. 8. Here, as in Byrnes and Innovate, Plaintiffs have failed to answer Request for Admissions within thirty days. 9. Defendant propounded its Request for Admissions on August 1, 2014 10. Plaintiffs did not answer or object to the Requests by September 1, 2014 or anytime thereafter. 2 11. The evidence thus is uncontroverted that Plaintiffs have failed to answer within thirty (30) days as prescribed by Rule 4014 and hence ran the risk that the facts set forth in the Request for Admissions will be conclusively binding on her. 12 Therefore, as in Byrnes and Innovateall facts set forth in the Request for Admissions must be deemed to be conclusively admitted. 13. Counsel for the undersigned does not believe that a Judge has previously been assigned to this case. 14. Plaintiffs do not concur in the Motion. WHEREFORE, for the above reasons and the case law cited in support thereof, it is respectfully requested that this Honorable Court enter an Order that deems the Request for Admissions served on Plaintiffs be conclusively admitted pursuant to Rule 4014. Date: September 24. 2014 Respectfully Submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. By: Thomas M. quire Attorney I.D. • 8565 Aaron S. Jayman, Esquire Attorney I.D. N. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 Attorney for Defendant, HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM D/B/A HOLY SPIRIT HOSPITAL 3 EXHIBIT "A" 2191026.doc Aaron S. Jayman Attorney -at -Law Admitted in PA, DC August 1, 2014 Direct Dial: 717-731-4800 Direct Fax: 888-811-7144 ajayman@dmclaw.com Ronald N. Lebovits, Esquire Zarwin Baum DeVito Kaplan Schaer Toddy, P.C. 1818 Market Street 13th Floor Philadelphia, PA 19103-3638 RE: The Estate of.Carol `-M;:Bollinger, et al. v. Holy Spirit Hospital, et al Docket No.: NO. 06-343 Our File No.: PC -141 (0029096.0294433) Dear Mr. Lebovits: Enclosed please find .Defendants' Requests for Admission directed to Plaintiff. Please do not hesitate to contact me should you have any questions or concerns. Very truly yours, DICKIE, MCCAMEY & CHILCOTE, P.C. ASJfkao Enclosure DICKIE, McCAMEY & CHILCOTE, P.C. I ATTORNEYS AT LAW MAIN: 711-131-4800 FAX:888-811-1144 PLAZA 21, SUITE 302 1425 NORTH 219 STREET I CAMP HILL, PA 11011-2223 I W M.OMCLAW.COM Charlotte, NC I Cleveland, OH I Columbus, OH I Haddonfield, NJ Harrisburg, PA I Lanmster, S(Philadelphia, PA I Pittsburgh, PA Raleigh, NC Steubenville, 011 I Wheeling, IN I Wilmington, DE , 2042358.doc DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-731-4800 (Tele) 888-811-7144 (Fax) ATTORNEY FOR: DEFENDANT HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM D/B/A HOLY SPIRIT HOSPITAL THE ESTATE OF CAROLE M. BOLLINGER, by and through the Executrix of her Estate, ARLENE S. KOHR, and Individually, Maintiffs, V. HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. NO. 06-343 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED DEFENDANT ' REQUESTS FOR ADMISSION DIRECTED TO PLAINTIFFS Defendants, Holy Spirit Hospital andHoly Spirit Health System d/b/a Holy Spirit Hospital, hereby submit the following requests for admission to be answered in accordance with Pa.R.Civ.P. 4014: REQUESTS FOR ADMISSION 1 Admit that Carole Bollinger was admitted as a resident at Manor Care from February 10, 2003 through February 4, 2004. ADMIT DENY 2. Admit that while Carole Bollinger was admitted as a resident at Manor Care, Carole Bollinger developed a sacral bedsore. ADMIT DENY 3. Admit that Carol Bollinger was discharged from Manor Care with a sacral bedsore on February 4, 2004. ADMIT DENY 4. Admit that Carole Bollinger presented to the Holy Spirit Hospital Emergency Department on February 4, 2004. ADMIT DENY 5. Admit that when Carole Bollinger presented at the Holy Spirit Hospital Emergency Department on February 4, 2004, Carole Bolinger had a pre-existing sacral wound with cellulitis. ADMIT DENY 6. Admit that when Carole Bollinger presented to Holy Spirit Hospital on February 4, 2004 she weighed in excess of 400 pounds. ADMIT DENY 2 7. Admit that when Carole Bollinger presented to Holy Spirit Hospital Emergency Department on February 4, 2004 she had a medical history, in addition to the sacral wound and morbid obesity, of congestive heart failure, insulin dependent diabetes mellitus, neurogenic bladder, renal failure, atrial fibrillation, gastroesophageal reflux disease, depression, chronic peripheral edema, and hypothyroidism. ADMIT DENY Admit that Carole Bollinger was admitted to the Holy Spirit Hospital on February 5, 2004. ADMIT DENY 9. Admit that Carole Bollinger was discharged as a patient from Holy Spirit Hospital on March 4, 2004. ADMIT DENY 10. Admit that Carole Bollinger had a normal WBC of 5.2 at the time of discharge from Holy Spirit Hospital on March 4, 2004. ADMIT DENY 3 11. Admit that Carole Bollinger was transferred as a patient to Select Specialty Hospital - Camp Hill on March 4, 2004. ADMIT DENY 12. Admit that Carole Bollinger remained a patient admitted at Select Specialty Hospital - Camp Hill from March 4, 2004 through March 24, 2004. ADMIT DENY 13. Admit that Carole Bollinger, upon admission to Select Specialty Hospital - Camp Hill had been receiving IV antibiotics which were initiated while at Holy Spirit Hospital. ADMIT DENY 14. Admit that Select Specialty Hospital- Camp Hill's Wound Documentation of March 4, 2004 documented a sacral wound as 8 x 8 x 2.6 cm. ADMIT DENY 15. Admit that on March 5, 2004 an Infectious Disease Consultant noted the sacral ulcer measuring 6 x 8, 5-6 cm and ordered debridement on March 8, 2004. ADMIT DENY 4 16. Admit that on March 6, 2004 Carole Bollinger suffered a seizure and was not responsive. ADMIT DENY 17. Admit that on March 11, 2004 Carole Bollinger's refused to eat and her nutritional intake decreased. ADMIT DENY 18. Admit that on March 13, 2004 Carole Bollinger was diagnosed with sacral osteomyelitis. ADMIT DENY 19. Admit that on March 16, 2004 laboratory results were worsening and Carole Bollinger was not eating or drinking well. ADMIT DENY 20. Admit that on March 19, 2004 Carole Bollinger's White Blood Count was 9.4. ADMIT DENY 21. Admit that on March 19, 2004 IV antibiotics were discontinued. ADMIT DENY 5 22. Admit that on March 19, 2004 Carole Bollinger's White Blood Count was abnormal at 10.9. ADMIT DENY 23. Admit that on March 21, 2004 Carole Bollinger's White Blood Count was abnormal at 12.3. ADMIT DENY 24. Admit that on March 21, 2004 wound documentation indicated the sacrum wound to be 7.3 x 14.1 x 3 cm. ADMIT DENY 25. Admit that on March 22, 2004 Carole Bollinger's White Blood Count was abnormal at 13.9. ADMIT DENY 6 26. Admit that by March 22, 2004 Carole Bollinger was not responding and refused to eat. ADMIT DENY 27. Admit that on March 23, 2004 Carole Bollinger's family requested comfort measures only and was a DNR. ADMIT DENY 28. Admit that Carol Bollinger's White Blood Count on March 23, 2004 was abnormal at 17.5. ADMIT DENY 29. Admit that Carole Bollinger died at Select Specialty Hospital - Camp Hill on March 24, 2004. ADMIT DENY 30. Admit that the coroner's report and death certificate dated March 24, 2004 reflected a sacral wound measuring 13 x 8 by 4 cm deep. ADMIT DENY 7 31. Admit that Carole Bollinger's sacral bedsore worsened after discharge from Holy Spirit Hospital on March 4, 2004 and while Carole Bollinger was admitted as a patient at Select Medical - Camp Hill. ADMIT DENY 32 Admit that while a patient at Select Specialty Hospital - Camp Hill, Carole Bollinger's nutrition was not satisfactory. ADMIT DENY 33. Admit that while a patient at Select Specialty Hospital - Camp Hill, Carole Bollinger's family did not wish for her have a feeding tube or a PEG tube placed. ADMIT DENY 34. Admit that the Coroner's Report indicates that Carole Bollinger had received treatment for a period in excess of 8 months for a pressure sore on her sacral coccyx area before she was admitted to Holy Spirit Hospital on February 5, 2004. ADMIT DENY 8 35. Admit that upon admission to Holy Spirit Hospital, on February 5, 2004, Carole Bollinger had a past medical history of renal failure, noninsulin dependent diabetes mellitus, atrial fibrillation paroxysmal, gastroesopheageal reflux disease, chest pain, depression, peripheral edema, blind left eye, hypothyroidism, cellulitis and familial paraplegia. ADMIT DENY 36. Admit that upon admission to Holy Spirit Hospital on February 5, 2004, Carole Bollinger's medication list include Levothyroxine, Lexapro, Neurontin, Bactrim, OxyContin, PhosLo, acetaminophen, duo nebs, Lorazepam, sodium polystyrene sulfonate, Carafate, zinc, Zocor, Neutra -renal, Phenergan and Darvocet. ADMIT DENY 37. Admit that upon admission to Holy Spirit Hospital on February 5, 2004 Carole Bollinger had known severe multiple problems, including spastic familial paraplegia, history of deep venous thrombosis, status post Greenfield filter, history of one kidney, chronic renal failure, adult onset diabetes mellitus, morbid obesity, history of lethargy, status -post multiple bleeds, including a retroperitoneal bleed, a bleed into her eye with allergies to Coumadin therapy, urinary tract infection, congestive heart failure, chronic pain syndrome and hypothyroidism. ADMIT DENY 9 INTERROGATORY/ REQUEST FOR PRODUCTION OF DOCUMENT 1 If your answer to the Requests for Admission is anything other than an unqualified admission insert the following: a. Identity of any facts supporting your denial or qualified admission; b. identity of any witnesses with knowledge concerning your denial or qualified admission; and c. Identify and produce any documents relating to your denial or qualified admission. ANSWER: If at the trial of this matter Defendants prove any matter which Plaintiffs have failed to admit, Defendants reserve the right to seek sanctions pursuant to Pa.R.Civ.P. 4019(d), including attorney's fees. Date: August 1, 2014 Respectfully Submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. By: Thomas M. Chair., Attorney I.D. No. 565 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 Attorney for Defendants, HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM D/B/A HOLY SPIRIT HOSPITAL 10 CERTIFICATE OF SERVICE AND NOW, August 1, 2014, 1, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing REQUEST FOR 'ADMISSIONS upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First -Class Mail: Ronald N. Lebovits, Esquire Michael J. Liggera, Esquire ZARWIN BAUM DEVITO KAPLAN SCHAER TODDY, P.C. 1515 Market Street, Suite 1200 Philadelphia, PA 19102 (Counsel for Plaintiffs) Aaro man, Esquire CERTIFICATE OF SERVICE AND NOW, September 24, 2014, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First -Class Mail: Ronald N. Lebovits, Esquire Zarwin Baum DeVito Kaplan Schaer Toddy, P.C. 1818 Market Street 13th Floor Philadelphia, PA 19103-3638 (Counsel for Plaintiffs) 1 ,, LA.. Aaron • ro , Esquire 2278561.doc DICKIE,MCCAMEY&CHILCOTE,P.C. BY: Thomas M.Chairs,Esquire ATTORNEY FOR: DEFENDANT ATTORNEY I.D.NO.78565 HOLY SPIRIT HOSPITAL,HOLY SPIRIT Plaza 21,Suite 302 HEALTH SYSTEM D/B/A HOLY SPIRIT 425 North 21st Street HOSPITAL Camp Hill,PA 17011 717-731-4800 (Tele) 888-811-7144(Fax) THE ESTATE OF CAROLE M. BOLLINGER, IN THE COURT OF COMMON PLEAS OF by and through the Executrix of her CUMBERLAND COUNTY, PENNSYLVANIA Estate,ARLENE S. KOHR, and Individually, NO. NO. 06-343 Plaintiffs, MEDICAL MALPRACTICE ACTION v. HOLY SPIRIT HOSPITAL, HOLY SPIRIT JURY TRIAL DEMANDED HEALTH SYSTEM d/b/a HOLY SPIRIT HOSPITAL, Defendant. PRAECIPE TO WITHDRAW DEFENDANT'S MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED TO THE PROTHONOTARY: Kindly withdraw Defendant's Motion to Deem Admitted the Request for Admissions Propounded upon Plaintiffs filed with the Court on or about September 25, 2014. , r - cr Respectfully Submitted, DICKIE, MCCAMEY&CHILCOTE, P.C. Date: October 1, 2014 By: Thomas M. Chairs, Esquire Attorney I.D. No. 78565 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 Attorney for Defendants, HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM D/B/A HOLY SPIRIT HOSPITAL 2 CERTIFICATE OF SERVICE AND NOW, October 1, 2014, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE TO WITHDRAW DEFENDANT'S MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Ronald N. Lebovits, Esquire ZARWIN BAUM DEVITO KAPLAN SCHAER TODDY, P.C. 1818 Market Street 13th Floor Philadelphia, PA 19103-3638 Michael J. Liggera, Esquire Aaron S. J , Esquire