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HomeMy WebLinkAbout02-2920Delores Jackson, : Plaintiff : VS. : Dialysis Services of PA, : Jane Doe, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED PP~CIPE FOR WRIT OF SUM~ONS TO THE PROTHONOTARY: Please issue a Writ of Summons on the above named Defendants. Defendants, Dialysis Services of PA and Jane Doe, have the following addresses: Dialysis Services of 27 Miller Avenue Lemoyne, PA 17043 PA Jane Doe, unknown nurse working at Dialysis Services of PA and caring for Delores Jackson on August 29,2000 Unknown Address Date: Respectfully submitted, Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS DELORES JACKSON Plaintiff Vs. DIALYSIS SERVICES OF PA AND JANE DOE 27 MILLER AVENUE LEMOYNE, PA 17043 Defendant Court of Common Pleas No. 02-2920 CIVIL TERM In CivilAction-Law To DIALYSIS SERVICES OF PA AND JANE DOE You are hereby notified that DELORES JACKSON, the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) //~ ~~,n~ Pr~thonot~ r~- Date JUNE 17, 2002 ~ ~,~O~-a._. "~~ Deputy Attorney: Name: MARLIN L. MARKLEY, ESQUIRE Address: 2108 MARKET STREET, AZTEC BUILDING CAMP HILL, PA 17011-4706 Attorney for: Plaintiff Telephone: 717-763-1800 Supreme Court ID No. 84745 SHERIFF'S RETURN - REGULAR CASE NO: 2002-02920 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACKSON DELORES VS DIALYSIS SERVICES OF PA ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DOE JANE the DEFENDANT , at 1455:00 HOURS, on the 21st day of June at 27 MILLER STREET , 2002 LEMOYNE, PA 17043 by handing to JOHN ROHR, RN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His 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 ~ day of ~,_ ~;~, A.D. / ~rofhonotary ! ' So Answers: R. Thomas Kline 06/24/2002 PATRICK LAUER JR SHERIFF' S RETURN - REGULAR CASE NO: 2002-02920 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLA/qD JACKSON DELORES VS DIALYSIS SERVICES OF PA ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DIALYSIS SERVICES OF PA the DEFENDANT , at 1455:00 HOURS, at 27 MILLER STREET LEMOYNE, PA 17043 on the 21st day of June , 2002 by handing to JOHN ROHR, RN a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this ~ day of ~ ~7~C~o ~ A.D. So Answers: R. Thomas Kline 06/24/2002 PATRICK LAUER JR DELORES JACKSON, Plaintiff V. DIALYSIS SERVICES OF PA AND JANE DOE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 02-2920 - CIVIL TERM CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Dialysis Services of PA in the above-captioned matter. Respectfully submitted, DATE: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN IMO~[~J. MCMAHON, ESQUIRE I.D. NO. 52918 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 BY: \05_AkLIAB~d3M~SLPG\100600~ELZ~19181 kS0000 DELORES JACKSON, Plaintiff DIALYSIS SERVICES OF PA AND JANE DOE Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : No. 02-2920 - CIVIL TERM : : CIVIL ACTION - LAW : : CERTIFICATE OF SERVICE I, Elizabeth L. Ziegler, an employee with the firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that a tree and correct copy of the foregoing document was served via regular First-Class Mail on this-.~fl(a~ day of July, 2002, on the following individuals: Marlin L. Markely, Esquire 2108 Market Street Aztec Building Camp Hill, PA 17011 ~05_A\LIAB~KBM\LLPG\100603~ELZ'X,191 $1 kS0000 ELIZABETH L. ZI~GL)~ar~ DELORES JACKSON, Plaintiff V. DIALYSIS SERVICES OF PA AND JANE DOE Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : No. 02-2920 - CIVIL TERM : : CIVIL ACTION - LAW : : PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiff to file a Complaint in the above referenced matter within twenty (20) days of service thereof or risk a judgment of non pros. DATE: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN I.D. NO~. 68818 t 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 \05_A\LIAB'uKBM~SLPG\100605kELZ~19181XSO000 DELORES JACKSON, Plaintiff DIALYSIS SERVICES OF PA AND JANE DOE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA : : No. 02-2920 - CIVIL TERM : : CIVIL ACTION - LAW : CERTIFICATE OF SERVICE I, Elizabeth L. Ziegler, an employee with the finn of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that a tree and correct copy of the foregoing document was served via regular First-Class Mail on thiscQ./J h-/~-day of August, 2002, on the following individuals: Marlin L. Markely, Esquire 2108 Market Street Aztec Building Camp Hill, PA 17011 \05_A\LIAB~[BM\LLPG\100603\ELZXI 9181LS0000 ffLiZ/(BETH L. Z,-I~C~R DELORES JACKSON, Plaintiff vi. : DIALYSIS SERVICES OF PA AND : JANE DOE : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 02-2920 - CIVIL TERM CIVIL ACTION - LAW RULE AND NOW, this _~2~C[day of ~t.~? ta,.f'~ ,2002, upon consideration of the foregoing Praecipe, Plaintiff is hereby ordered to file its Complaint within twenty (20) days hereof or suffer judgment of non pros. BY THE PROTHONOTARY: Delores Jackson, : Plaintiff : : VS. : : Dialysis Services of PA, : : Jane Doe, : Defendant : : : IN THE COURT OF CO~ON PLEAS CUMBERIJkND COUNTY, PENNSYLV~INIA NO. 02-2920 civil term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED NOTIC2~ You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Delores Jackson, Plaintiff : : vs. : Dialysis Services of PA, :' : Jane Doe, : Defendant : : : : IN THE COURT 0 cOUNTy, PE~T ~S ~NSYLVANiA NO. 02-2920 civil te~m CIVIL ACTION _ LAW ~ys ONAL INjuRy TRIAL DEMANDED I verify that the Statements and COrrect. i Understand that fi!! subject to the Penalties of 18 Pa. falsification to aUthorities. Date<~~ Delores Jackson, : Plaintiff : : VS. : : Dialysis Services of PA, : : Jane Doe, : Defendant : : : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO~ 02-2920 civil term CIVIL ACTION - LAW PERSONAL INJUI{Y JURY TRIAL DEMANDED C~4PLAINT IN CIV-ILA~TION ~ND NOW, comes the Plaintiff, Delores Jackson, by and through her attorneys, The Law Offices of Patrick Lauer Jr., Esquire, and files this Complaint in Civil Action whereof the following is a statement: 1. The Plaintiff, Delores Jackson, is an adult individual currently residing at 1205 E Cumberland Road, Harrisburg, Dauphin County, Pennsylvania, 17102. 2. That at all the times hereinafter mentioned, and at the time of the commencement of this action, defendant Dialysis services of Pennsylvania, (hereinafter referred to as the ~DSPA") is and was a corporation organized under the laws of the State of Pennsylvania, located at 27 Miller Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. That at all the times hereinafter mentioned, and at the time of the commencement of this action, defendant, Jane Doe, is and was on the staff of DSPA. 4. That at all times hereinafter mentioned, the defendant Jane Doe was a nurse, employed by defendant DSPA, who had charge of the administration of blood transfusions to patients at defendant DSPA location and who gave plaintiff Delores Jackson a blood transfusion during said period. 5. That for some time prior to August 29, 2000, and thereafter, plaintiff Delores Jackson was a patient of the defendants, who undertook to perform necessary hemodialysis treatment. 6. Plaintiff Delores Jackson compensated all of the defendants herein for the services rendered, and said defendants represented and warranted to Plaintiff that they were able to and could probably, carefully, and skillfully care for plaintiff Delores Jackson, and that defendant DSPA had adequate and competent facilities for her treatment. 7. That on August 29, 2000 Plaintiff Delores Jackson was lawfully on Defendant DSPA premises for the purpose of hemodialysis treatment. 8. That at said time and place, Plaintiff Delores Jackson was under the care of Defendant Jane Doe immediately following the hemodialysis procedure. 9. That at said time and place, Plaintiff Delores Jackson sustained a harmful injury when left alone immediately following her hemodialysis procedure. 10. Defendants knew, or should have known, that, by reason of the recent hemodialysis procedure performed on Plaintiff, Delores Jackson, it was dangerous to her life and health to leave her alone or unattended due to the possibility of injuries relating to loss of consciousness. 11. Nevertheless said defendants failed and neglected to attend to plaintiff during the fragile time immediately following hemodialysis procedure when Defendant Jane Doe left Plaintiff Delores Jackson alone. 12. That at said time and place, the injury was caused by the negligent, careless, reckless and wanton behavior of Defendants Jane Doe and DSPA 13. The Defendants were negligent by reason of one or more of the following, among other things: (a) failure to follow standards of hospitals and treatment centers under similar circumstances; (b) failure to adequately monitor the Plaintiff, Delores Jackson, immediately following her hemodialysis procedure; (c) failure to provide sufficient personnel and equipment to care for the Plaintiff, Delores Jackson, immediately following her hemodialysis procedure; (d) failure to adequately supervise the nursing and medical care of Defendant Jane Doe; (e) failure to properly examine, assess, and diagnose the condition Plaintiff Delores Jackson, immediately following her hemodialysis procedure; (f) failure to assure proper continuing and appropriate medical care subsequent to Plaintiff Delores Jackson's hemodialysis procedure. 14. Defendant's Jane Doe and DSPA owed a duty of care to Plaintiff to attend to her during the dangerous time immediately following her hemodialysis procedure. 15. Defendant's Jane Doe and DSPA breached that duty of care owed to Plaintiff by allowing her to be injuries related to loss of consciousness. 16. As a result of Plaintiff's premises, Plaintiff suffered injuries immediate medical care. left alone and sustain fall on the Defendant's requiring her to seek 17. As a direct and proximate result of the negligence and carelessness of the Defendants, Jane Doe and DSPA, Plaintiff, Delores Jackson, has sustained permanent injuries, including, but not limited to: (a) Experiencing dizziness and vertigo; (b) Injury to the vertex of her head; (c) (d) (e) (f) (g) (n) (±) 18. Defendant's carelessness and negligence, Plaintiff Delores Jackson suffered injuries that are permanent. She is disfigured and disabled. She has been denied, by the negligence of the Defendants, the normal enjoyment of life. Intense pain to her head; A stroke; Blood Clotting; Injury to her hip and leg; Fracture of the left side of her pelvis; Pain and suffering when ambulating; Loss of free ambulation faculties. As a direct and proximate result of the WHEREFORE, the Plaintiff demands judgment against the Defendants in excess of the statutory limit for compulsory arbitration for pain and suffering, medical expenses, lost wages, Delores Jackson, Plaintiff vs. Dialysis Services of PA, Jane Doe, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2920 civil term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED C~RTIFIC~ OF SE~VICE I hereby certify that I am this day serving a copy of the foregoing Complaint upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through certified mail, return receipt requested, prepaid and addressed as follows: Marshall, Dennehey, Warner, Coleman & Goggin Kerry E. Maloney, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (attorney for Defendants) Date: Respectfully submitted, ~atl~ L. '/~arkle~, 5s .quir% ........ 21~ Market Street, Aztec Bull~lng C~ Hill, Pe~sylvania 17011-4706 ID~ 84745 (717) 763-1800 court costs, and attorney fees. Date: 0~'21'2 002-- Respectfully submitted, eBuilding Camp Hill, Pennsylvania 17011-4706 ID% 84745 Tel. (717) 763-1800 DELORES JACKSON, Plaintiff Vo DIALYSIS SERVICES OF PA AND JANE DOE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA : : No. 02-2920 - CIVIL TERM : : CIVIL ACTION - LAW PRELIMINARY OBJECTIONS OF DEFENDANT~ DIALYSIS SERVICES OF PA TO PLAINTIFF'S COMPLAINT 1. Plaintiff instituted this action by filing a Writ of Summons on June 17, 2002. Thereafter, Plaintiff filed a Complaint on August 21, 2002. (A true and correct copy of Plaintiffs Complaint is attached hereto as Exhibit "A"). 2. Moving Defendant was served with Plaintiffs Complaint on August 22, 2002, and thus Moving Defendants Preliminary Objections are timely within the applicable Rule. PRELIMINARY OBJECTIONS PURSUANT TO PA. R.C.P. 1028(a)3 IN THE NATURE OF A MOTION TO STRIKE FOR INSUFFICIENT SPECIFICITY 3. The allegations set forth in paragraph 13 are that "the Defendants were negligent by reason of one or more of the following, among other things: a. failure to follow standards of hospitals and treatment centers under similar circumstances; b. failure to adequately monitor the Plaintiff, Dolores Jackson, immediately following her hemodialysis procedure; c. failure to provide sufficient personnel and equipment to care for the Plaintiff, Delores Jackson, immediately following her hemodialysis procedure; d. failure to adequately supervise the nursing and medical care of Defendant Jane Doe; e. failure to properly examine, assess, and diagnose the condition Plaintiff Delores Jackson, immediately following her hemodialysis procedure. f. failure to assure proper continuing ad appropriate medical care subsequent to Plaintiff Delores Jackson's hemodialysis procedure. 4. In paragraph 15 Plaintiff alleges "Defendant Jane Doe an DSPA breached that duty of care owed to Plaintiff by allowing her to be left alone and sustained injuries related to loss of consciousness." 5. At paragraph 16, Plaintiff alleges "As a result of Plaintiffs fall on the Defendant's premises, Plaintiff suffered injuries requiring her to seek immediate medical care." 6. At paragraph 17, Plaintiff alleges "As a direct and proximate result of the negligence and carelessness of the Defendants, Jane Doe and DSPA, Plaintiff, Delores Jackson, has sustained permanent injuries, including, but not limited to: a. Experiencing dizziness and vertigo; b. Injury to the vertex of her head; c. Intense pain to her head; d. A stroke; e. Blood clotting; f. Injury to her hip and leg; g. Fracture of the left side of her pelvis; h. pain and suffering when ambulating; i. Loss of free ambulation faculties. 7. At paragraph 18, Plaintiff alleges "As a direct and proximate result of the Defendant's carelessness and negligence, Plaintiff Delores Jackson suffered injuries that are permanent. She is disfigured and disabled. She has been denied, by the negligence of the Defendants, the normal enjoyment of life." 8. Pennsylvania Rule of Civil Procedure 1019(a) requires a Plaintiff to state in a concise and summary form the material facts upon which the cause or causes of action are based. Moving Defendant objects to paragraphs 13 (including subparagraphs a, b, c, d e, O 14, 15, 16, 17 and 18. 9. Moving Defendant, Dialysis Services of PA submit that the above allegations of Plaintiffs Complaint do not comply with either Pa. R.C.P. 1019(a) nor do they comply with Pennsylvania Supreme Court's holding in Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1993). 10. Accordingly, Defendant Dialysis Services of PA respectfully request that this Court dismiss the allegations set forth in paragraphs 13 (including subparagraphs a, b, c, d, e, f) 14, 15, 16, 17 and 18 of Plaintiffs Complaint or in the alternative direct that Plaintiff amend her Complaint in this action to include such factual specificity as would reasonably apprise Moving Defendant of the factual basis for those allegations. WHEREFORE, Moving Defendant, Dialysis Services of PA respectfully requests that this Honorable Court grant its Preliminary Objections pursuant to Pa. R.C.P. 1028(a)3 striking with prejudice paragraphs 13 (including subparagraphs a, b, c, d, e, f) 14, 15, 16, 17 and 18 and alternatively directing a more specific pleading with regard to those paragraphs of Plaintiffs Complaint. PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER FOR LEGAL INSUFFICIENCY OF A PLEADING PURSUANT TO PA R.C.P. 1028(a)4 11. In her Complaint, Plaintiff alleges that Defendant Dialysis Services of PA is a Corporation. (See, Plaintiff's Complaint at paragraph 2). 12. In paragraph 13 of her Complaint, Plaintiff alleges that Moving Defendant was negligent, "by reason of one or more of the following, among other things; (b) Failure to adequately monitor the Plaintiff, Deloris Jackson, immediately following her hemodialysis procedure; (d) Failure to adequately supervise the nursing and medical care of Defendant, Jane Doe; (e) Failure to properly exam, assess and diagnose the condition of Plaintiff Deloris Jackson immediately following her hemodialysis procedure; (f) Failure to assure proper continuing and appropriate medical care subsequent to Plaintiff Deloris Jackson's hemodialysis procedure. 13. Moving Defendant is not a licensed medical physician and, accordingly, has no duty as a matter of law to diagnose or treat a patient. Such duties are the exclusive province of licensed medical physicians. Pennsylvania Supreme Court has classified a hospital's duties into four general areas, as follows: (1) A duty to use reasonable care in the maintenance of safe and adequate facilities and equipment; (2) A duty to select and retain only competent physicians; (3) A duty to oversee all persons who practice medicine within its walls as to patient care; and (4) A duty to formulate, adopt and enforce adequate rules and polices to ensure quality care for the patients. 14. The allegations set forth in Plaintiffs Complaint at paragraph 13 (including subparagraphs b, d, e, f) are allegations which do not fall within a hospital or medical corporations duties under Pennsylvania Law and, accordingly, Plaintiffhas failed to state a claim upon which relief can be granted upon these allegations and as against Defendant, Dialysis Services of PA. WHEREFORE, Moving Defendant, Dialysis Services of PA respectfully requests that this Honorable Court enter an Order striking paragraphs 13 (including subparagraphs b, d, e, f) from Plaintiffs Complaint as against Defendant, Dialysis Services of PA on the basis that these allegations of negligence fail to state a claim upon which relief can be granted. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: \05_A\LIAB~KBM~LLPG\103146~ELZ\l 9181 \00884 BY:~uiRE 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Delores Jackson, Plaintiff VS. Dialysis Services of PA, Jane Doe, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2920 civil term CIVIL ACTION - LAW PERSON~tL INJURY JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOU~.~ 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 Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Delores Jackson, : Plaintiff : : VS. : : Dialysis Services of PA, : : Jane Doe, : Defendant ~ : : : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2920 civil term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Signature: ~_~ Delores ~kson Delores Jackson, Plaintiff VS. Dialysis Services of PA, Jane Doe, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2920 civil teem CIVIL ACTION PERSONAL INJURY JURY TRIAL DEMANDED COMPLAINT IN CML ACTION AND NOW, comes the Plaintiff, Delores Jackson, by and through her attorneys, The Law Offices of Patrick Lauer Jr., Esquire, and files this Complaint in Civil Action whereof the following is a statement: 1. The Plaintiff, Delores Jackson, is an adult individual currently residing at 1205 E Cumberland Road, Harrisburg, Dauphin County, Pennsylvania, 17102. 2. That at all the times hereinafter mentioned, and at the time of the commencement of this action, defendant Dialysis services of Pennsylvania, (hereinafter referred to as the ~DSPA") is and was a corporation organized under the laws of the State of Pennsylvania, located at 27 Miller Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. That at all the times hereinafter mentioned, and at the time of the commencement of this action, defendant, Jane Doe, is and was on the staff of DSPA. 4. That at all times hereinafter mentioned, the defendant Jane Doe was a nurse, employed by defendant DSPA, who had charge of the administration of blood transfusions to patients at defendant DSPA location and who gave plaintiff Delores Jackson a blood transfusion during said period. 5. That for some time prior to August 29, 2000, and thereafter, plaintiff Delores Jackson was a patient of the defendants, who undertook to perform necessary hemodialysis treatment. 6. Plaintiff Delores Jackson compensated all of the defendants herein for the services rendered, and said defendants represented and warranted to Plaintiff that they were able to and could probably, carefully, and skillfully care for plaintiff Delores Jackson, and that defendant DSPA had adequate and competent facilities for her treatment. 7. That on August 29, 2000 Plaintiff Delores Jackson was lawfully on Defendant DSPA premises for the purpose of hemodialy$is treatment. 8. That at said time and place, Plaintiff Delores Jackson was under the care of Defendant Jane Doe immediately following the hemodialysis procedure. 9. That at said time and place, Plaintiff Delores Jackson sustained a harmful injury when left alone immediately following her hemodialysis procedure. 10. Defendants knew, or should have known, that, by reason of the recent hemodialysis procedure performed on Plaintiff, Delores Jackson, it was dangerous to her life and health to leave her alone or unattended due to the possibility of injuries relating to loss of consciousness. 11. Nevertheless said defendants failed and neglected to attend to plaintiff during the fragile time immediately following hemod/alysis procedure when Defendant Jane Doe left Plaintiff Delores Jackson alone. 12. That at said time and place, the injury was caused by the negligent, careless, reckless and wanton behavior of Defendants Jane Doe and DSPA 13. The Defendants were negligent by reason of one or more of the following, among other things: (a) failure to follow standards of hospitals and treatment centers under similar circumstances; (b) failure to adequately monitor the Plaintiff, Delores Jackson, immediately following her hemodialysis procedure; (c) failure to provide sufficient personnel and equipment to care for the Plaintiff, Delores Jackson, immediately following her hemodialysis procedure; (d) failure to adequately supervise the nursing and medical care of Defendant Jane Doe; (e) failure to properly examine, condition Plaintiff Delores Jackson, hemodialysis procedure; (f) failure to assure medical care subsequent hemodialysis procedure. assess, and diagnose the immediately following her 14. Defendant's Jane Doe and DSPA owed a duty of care to i Plaintiff to attend to her during the dangerous time immediately ii following her hemodialysis procedure. 15. Defendant's Jane Doe and DSPA breached that duty of care proper continuing and appropriate to Plaintiff Delores Jackson's owed to Plaintiff by allowing her to be left alone and sustain injuries related to loss of consciousness. 16. As a result of Plaintiff's premises, Plaintiff suffered injuries immediate medical care. fall on the Defendant's requiring her to seek 17. As a direct and proximate result of the negligence and carelessness of the Defendants, Jane Doe and DSPA, Plaintiff, Delores Jackson, has sustained permanent injuries, including, but not limited to: (a) (b) (c) (d) (e) (f) (g) (h) (i) 18. carelessness and negligence, Plaintiff Delores Jackson suffered injuries that are permanent. She is disfigured and disabled. She has been denied, by the negligence of the Defendants, the normal enjoyment of life. Experiencing dizziness and vertigo; Injury to the vertex of her head; Intense pain to her head; A stroke; Blood Clotting; Injury to her hip and leg; Fracture of the left side of her pelvis; Pain and suffering when ambulating; Loss of free ambulation faculties. As a direct and proximate result of the Defendant's WHEREFORE, the Plaintiff demands judgment against the Defendants in excess of the statutory limit for compulsory arbitration for pain and suffering, medical expenses, lost wages, Delores Jackson, Plaintiff vs. Dialysis Services of PA, Jane Doe, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2920 civil term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED CERTIFICATE OF I hereby certify that I am this day serving a copy of the foregoing Complaint upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through certified mail, return receipt requested, prepaid and addressed as follows: Marshall, Dennehey, Warner, Coleman & Goggin Kerry E. Maloney, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (attorney for Defendants) Date: Respectfully submitted, a~//1 ~~~ ~ ~l~L.-~arkle~, Esquire 21~ Market Street, Aztec Building Car~p Hill, Pennsylvania 17011-4706 ID# 84745 (717) 763-1800 court costs, and attorney fees. Date: ~'21'2 00'2-- Respectfully submitted, Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 DELORES JACKSON, Plaintiff DIALYSIS SERVICES OF PA AND : JANE DOE : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 02-2920 - CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Elizabeth L. Ziegler, an employee with the firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that a tree and correct copy of the foregoing document was served via regular First-Class Mail on this//4.._& day of ~./5~rz/~J-~_r~, 2002, on the following individuals: Marlin L. Markely, Esquire 2108 Market Street Aztec Building Camp Hill, PA 17011 \05_A\LIABXKBM\LLPG\ 100603'xELZX 19181 ~50000 ELIZABgTH L. ~m~LER IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JACKSON : VS. : : NO. DIALYSIS SERVICE OF PA : CERTIFICATE 022920 PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 KERRY E MALONEY, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3.No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 09/09/02 KERRY E MALONEY, ESQUIRE 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17112 717-651-3504 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BH ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 INC. By: Kimberly Petrahl File #: M290272 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JACKSON VS. DIALYSIS SERVICE OF PA NO. 022920 TO: MARLIN MARKLEY NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 08/16/02 KERRY E MALONEY, ESQUIRE 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17112 ATTORNEY FOR DEFENDANT Enc (s): File #: Copy of subpoena(s) Counsel return card ~290272 INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 INC. By: Ki~herly Petrahl TO: CO~~ OF P~a~SYLVANIA JACKSON Vs. DIALYSIS SERVICE OF PA File No. 022920 ORIG'rNAL X-RAYS REQUESTED MEDICAL BILLIN~ REQUESTED SUBPOENA TO PROOUCE ~NTS OR TH I N(~ FOR DISCOVERY PURSUANT TO RULE 4009.22 POLYCLINIC HOSP, 2601 N THIRD ST, HARRISBURG PA 17110 ATTN: MEDICAL RECORDS DEPT (Name of Perso~ or Entity) Within twenty (20) days after service of this sub0oena, you ere ordered by the court to produce the following c~t~ (~lt~i~ir~.~w~w~-~ *l~'r~l~T~T~m. at MEDICAL LEGAL REPROD~'"I~r0-~Ar,~-[~A '~'ess ' ' ' ' ........ You may deliver or mail legible copies of the doc~.ents or produce things requested this subpoena, together with the certificate of c~,~liance, to the party making thiz request at the address listed above. You have the right to seek in advance the rea~onabl~ cost of pr~aring the copies or producing the things sought. If you fail to produce the doc~nents or things required by this Subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court orde~- ~m',~elling you to c~,~ly with it. TH I S SUBPCENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAMe: KERRY E MALONEY. ESQ 4200 CRUM$, MILL ROAD TELEPHONE: ~t~PREI~E COURT ID A/rTORNEY FOR: .............. 17112 215-335-3212 DEFENDANT M290272-01 Protho~x)ter y/C-I _e~rk, ~i)~i-~L Oiv i s ion _~ - d r:: p ty (Elf. 7/97) ADDENDUM TO SUBPOENA JACKSON VS. DIALYSIS SERVICE OF PA NO. 022920 CUSTODIAN OF RECORDS FOR: POLYCLINIC HOSP SPECIFICALLY **LIMITED** TO RECORDS, X-RAY FILMS, BILLS, INPATIENT, OUTPATIENT AND EMERGENCY ROOM RECORDS FROM AUGUST 29, 1998 TO THE PRESENT. PERTAINING TO: NAME: DELORES JACKSON ADDRESS: 1205 E CUMBERLAND RD DATE 0F BIRTH: 09/08/37 SSAN: 169508111 HARRISBURG PA ORIGINAL X-RAYS REQUESTED MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIANCOMPLETE AND RETURN ] RECORDS AREATTACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M290272-01 kuthorized signature for POLYCLINIC HOSP *** SIGN AND RETURN THIS PAGE *** Delores Jackson, Plaintiff VS. Dialysis Services of PA, Jane Doe, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV~dNIA NO. 02-2920 civil term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 DeIores Jackson, : Plaintiff : : VS. : Dialysis Services of PA, : Jane Doe, : Defendant : : : IN THE COURT OF COMMON 'PLEAS CUMBERLAND COUNTY, PENNSYLV~tNIA NO. 02-2920 civil term CIVIL ACTION - LAN PERSONAL INJURY JURY TRIAL DEMANDED AMENDED COMPLAINT IN ~IVILA~TIQN AND NOW, comes the Plaintiff, Delores Jackson, by and through her attorneys, The Law Offices of Patrick Lauer Jr., Esquire, and files this Complaint in Civil Action whereof the following is a statement: 1. The Plaintiff, Delores Jackson, is an adult individual currently residing at 1205 E Cumberland Road, Harrisburg, Dauphin County, Pennsylvania, 17102. 2. That at all the times hereinafter mentioned, and at the time of the conumencement of this action, defendant Dialysis services of Pennsylvania, (hereinafter referred to as the ~DSPA") is and was a corporation organized under the laws of the State of Pennsylvania, located at 27 Miller Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. That at all the times hereinafter mentioned, and at the time of the commencement of this action, defendant, Jane Doe, is and was on the staff of DSPA. 4. That at all times hereinafter mentioned, the defendant Jane Doe was a nurse, employed by defendant DSPA, who had charge of the administration of blood transfusions to patients at defendant DSPA location and who gave plaintiff Delores Jackson a blood transfusion during said period. 5. That for some time prior to August 29, 2000, and thereafter, plaintiff Delores Jackson was a patient of the defendants, who undertook to perform necessary hemodialysis treatment. 6. Plaintiff Delores Jackson compensated all of the defendants herein for the services rendered, and said defendants represented and warranted to Plaintiff that they were able to and could probably, carefully, and skillfully care for plaintiff Delores Jackson, and that defendant DSPA had adequate and competent facilities for her treatment. 7. That on August 29, 2000 Plaintiff Delores Jackson was lawfully on Defendant DSPA premises for the purpose of hemodialysis treatment. 8. That at said time and place, Plaintiff Delores Jackson was under the care of Defendant Jane Doe immediately following the hemodialysis procedure. 9. That at said time and place, Plaintiff Delores Jackson sustained a harmful injury when left alone immediately following her hemodialysis procedure. 10. Defendants knew, or should have known, that, by reason of the recent hemodialysis procedure performed on Plaintiff, Delores Jackson, it was dangerous to her life and health to leave her alone or unattended due to the possibility of injuries relating to loss of consciousness. 11. Nevertheless said defendants failed and neglected to at~end to plaintiff during the fragile time immediately following hemodialysis procedure when Defendant Jane Doe left Plaintiff Delores Jackson alone. 12. That at said time and place, the injury was caused by the negligent, careless, reckless and wanton behavior of Defendants Jane Doe and DSPA 13. The Defendants were negligent by reason of the following: (a) failure to follow standards of hospitals and treatment centers under similar circumstances; (b) failure to use reasonable care in the maintenance of safe and adequate facilities and equipment that would prevent Ms. Jackson's injuries resulting from her fall; (c) failure to select and retain only competent employees who would have adequately cared for Ms. Jackson and prevented her fall; (d) failure to oversee all persons who practice medicine within its walls as to patient care by not adequately monitoring or supervising the duties of Jane Doe immediately following Ms. Jackson's hemodialysis procedure; (e) failure to formulate and adopt adequate rules and policies to ensure quality care for Ms. Jackson (f) failure to enforce adequate rules and policies to ensure quality care for Ms. Jackson (g) failure to provide sufficient personnel and equipment to care for the Plaintiff, Delores Jackson, immediately following her hemodialysis procedure; (h) failure to properly examine, assess, and' observe the condition of Plaintiff Delores Jackson, immediately following her hemodialysis procedure; (i) failure to assure proper continuing and appropriate medical care subsequent to Plaintiff Delores Jackson's hemodialysis procedure. 14. Defendant's Jane Doe and DSPA owed a duty of care to Plaintiff to attend to her during the dangerous time immediately following her hemodialysis procedure and to ensure quality care for Ms. Jackson by taking safeguards that would prevent her from falling. 15. Defendant's Jane Doe and DSPA breached that duty of care owed to Plaintiff by allowing her to be left alone after the hemodialysis treatment and sustain injuries when she lost consciousness and fell. 16. As a result of Plaintiff's fall on the Defendant's premises, Plaintiff suffered injuries requiring her to seek immediate medical care in the form of emergency medical services and a hospital visit, along with pain and suffering as described below. 17. As a direct and proximate result of the negligence and carelessness of the Defendants, Jane Doe and DSPA, Plaintiff, Delores Jackson, has sustained permanent injuries, including: (a) Experiencing dizziness and vertigo; (b) Injury to the vertex of her head; (c) Intense pain to her head; (d) A stroke; (e) Blood Clotting; (f) Injury to her hip and leg; (g) Fracture of the left side of her pelvis; (h) Pain and suffering when armbulating; (i) Loss of free ambulation faculties. 18. As a direct and proximate result of the Defendant's carelessness and negligence, Plaintiff Delores Jackson suffered permanent injuries. She is disfigured and disabled. She has been denied, by the negligence of the Defendants, the normal enjoyment of life. WHEREFORE, the Plaintiff demands judgment Defendants in excess of the statutory limit for arbitration for pain and suffering, medical expenses, court costs, and attorney fees. against the compulsory lost wages, Respectfully subm/tted, ~arl~//L. Markley, Esquire 2108~arket Street, Aztec Building Camp/Hill, Pennsylvania 17011-4706 ID# ~4745 Tel. (717) 763-1800 Delores Jackson, : Plaintiff : : VS. : : Dialysis Services of PA, : : Jane Doe, : Defendant : : : IN THE COURT OF COMMON PLEAS' CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2920 civil term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Delores J~ckson Delbres Jackson, : Plaintiff : VS. · Dialysis Services of PA, : Jane Doe, : Defendant : IN THE COURT OF COMMON PLEAS' CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2920 civil term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED CERTIFICATE OF ~ERVIC~ I hereby certify that I am this day serving a copy of the foregoing Amended Complaint upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through certified mail, return receipt requested, prepaid and addressed as follows: Marshall, Dennehey, Warner, Coleman & Goggin Kerry E. Maloney, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (attorney for Defendants) Date:../~ --7 '~0~2~ Respectf~itted, /~~~arkley, Esquire ql08/~arket Street, Aztec Building Ca~ Hill, Pennsylvania 17011-4706 I~ 84745 (717) 763-1800 DELORES JACKSON, Plaintiff V. DIALYSIS SERVICES OF PA AND JANE DOE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA : : No. 02-2920- CIVIL TERM : : CIVIL ACTION - LAW : NOTICE TO PLEAD TO: Marlin L. Markley, Esquire 2108 Market Street Aztec Building Camp Hill, PA 17011 You are hereby notified to plead to the enclosed Answer with New Matter to Plaintiff's Amended Complaint on behalf of Defendant, Dialysis Services of PA, within twenty (20) days fi.om service hereof or a default judgment may be filed against you. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY:~, 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 ESQUIRE DELORES JACKSON, Plaintiff Vo DIALYSIS SERVICES OF PA AND JANE DOE Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : No. 02-2920 - CIVIL TERM : : CIVIL ACTION - LAW DEFENDANT~ DIALYSIS SERVICES OF PA'S ANSWER WITH NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT 1. Admitted in part; Denied in part. It is admitted only that Plaintiff is who she says she is. The remainder of the paragraph is denied as after reasonable investigation and inquiry, Answering Defendant is without sufficient information to form a belief as to the truth of the matter and therefore same is denied and strict proof thereof is demanded at trial. 2. Admitted. 3. Denied. The allegations contained in this paragraph are denied as Plaintiff has failed to adequately identify Jane Doe and therefore Answering Defendant is without sufficient information to admit the allegations and therefore same allegations are denied and strict proof thereof is demanded at trial. 4. Denied. The allegations contained in this paragraph are denied as Plaintiff has failed to adequately identify Jane Doe and therefore Answering Defendant is without sufficient infoin-lation to admit the allegations and therefore same allegations are denied and strict proof thereof is demanded at trial. 5. Admitted in part; Denied in part. It is admitted only that on August 29, 2000, Answering Defendant, through its employees, performed necessary hemo dialysis treatment for Plaintiff. The remaining allegations of this paragraph are denied to the extent they arc addressed to a Defendant other than Answering Defendant and as Answering Defendant is without sufficient infom~ation to form a belief as to the truth of the matter and therefore same are denied and strict proof thereof is demanded at trial. 6. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required. To the extent an answer is deemed required, and by way of further answer, Answering Defendant denies this paragraph to the extent it is directed to parties other than Answering Defendant. 7. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required. 8. Denied. This paragraph is directed to a Defendant other than Answering Defendant and therefore the allegations contained in this paragraph are denied. 9. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required. 10. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required. 11. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required. 12. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required. 13. (a)-(i). Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required. To the extent a responsive pleading is 2 deemed required, and by way of further answer, Answering Defendant specifically denies it was negligent in any fashion whatsoever. 14. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required. 15. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required. To the extent a responsive pleading is deemed required, and by way of further answer, Answering Defendant specifically denies it was negligent in any fashion whatsoever. 16. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required. 17. (a)-(i). Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required. To the extent a responsive pleading is deemed required, and by way of further answer, Answering Defendant specifically denies any negligence or carelessness on its part whatsoever. 18. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required. WHEREFORE, Answering Defendant respectfully demands judgment in its favor and against Plaintiff together with such other relief which this Honorable Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFF 19. Paragraphs 1 through 18 of Answering Defendant's Answer with New Matter are incorporated as though set forth at length herein. 20. Plaintiff has failed to state a cause of action upon which relief can be granted. 21. No act or omission on the part of Answering Defendant was a substantial or contributing factor in bringing about Plaintiffs alleged injuries and/or damages, said injuries and/or damages being expressly denied. 22. Any and all injuries and/or damages as described by Plaintiff in her Complaint, the same being expressly denied, were caused in whole or in part by the acts or omissions on the part of Plaintiff and/or others over whom Answering Defendant had no control nor right of control. 23. Plaintiffs claims are barred and/or limited by the Doctrine of Res Judicata and/or collateral estoppel. 24. Plaintiffs claims are derivative in nature and are barred as a matter of law. 25. Answering Defendant breached no duty of care owed to Plaintiff under the circumstances. 26. At all times materials hereto, Answering Defendant acted in a same, legal and non- negligent manner. 27. Plaintiff's claims may be barred and/or limited by the Doctrines of contributory negligence, comparative negligence and/or assumption of the risk. 28. Answering Defendant reserves the right to raise one or more defenses specified in Pa. R.C.P. 1030. 29. Answering Defendant believes and therefore avers, that the evidence accumulated through discovery and provided at trial may establish Plaintiff was contributorily negligent, and in order to protect the record, Answering Defendant hereby pleads contributory and comparative negligence as affirmative defenses. 4 30. In the event that it is determined that Answering Defendant was negligent with regard to any of the allegations contained in and with respect to Plaintiffs Complaint, said allegations being specifically denied, then such negligence was superceded by the intervening negligent acts of other persons, parties and/or organizations other than Answering Defendant and over whom Answering Defendant had neither control nor right of control and/or responsibility and, therefore, Answering Defendant is not liable in this action 31. No act or omission on the part of Answering Defendant was a substantial or contributing factor in bringing about Plaintiff's injuries or damages. DATE:_~~ \05_A~LIAB~BM~S LPG\ 106485~,ELZ~ 19181 \00884 Respectfully submitted, MARSHALL, DENNEHEY, WARNER, 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 VERIFICATION I hereby affirm that the following facts are correct: Dialysis Services of PA, Inc. is a Defendant in the foregoing action and I am authorized to execute this Verification on their behalf. The attached Answer with New Matter to Plaintiffs' Amended Complaint is based upon information which has been gathered by my counsel in the defense of this lawsuit. The language of the Answer with New Matter to Plaintiffs' Amended Complaint is that of counsel and not of me. I have read the Answer, and to the extent that the responses are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. To the extent that the contents of the responses are that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid responses are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Title: DELORES JACKSON, Plaintiff Vo DIALYSIS SERVICES OF PA AND JANE DOE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. 02-2920 - CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Elizabeth L. Ziegler, an employee with the finn of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that a tree and correct copy of the foregoing document was served via regular First-Class Mail on this _~__~_ day of I~¢ ~'O~______, 2002, on the following individuals: Marlin L. Markely, Esquire 2108 Market Street Aztec Building Camp Hill, PA 17011 \05_A\LIABkKBM\LLPG\100603~ELZ~I 9181 ~50000 Delores Jackson, Plaintiff VS. Dialysis Services of PA, Jane Doe, Defendants IN THE COURT OF COMMON PLEAS CUMBERIJLND COUNTY, PENNSYLVANIA NO. 02-2920 civil term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED PLAINTIFF, DELORES JACKSON'S ANSWER TO DEFENDANT'S NEW~4AT-~: The Plaintiff, Delores Jackson, by her attorneys, the Law Offices of Patrick Lauer Jr., Esquire, respectfully avers the following in support of Defendant's New Matter: 19. Paragraphs 1 through 18 of Answering Defendant's Answer with New Matter are incorporated herein through reference. 20. Denied. This paragraph is a legal conclusion to which no responsive pleading is required. To the extent the allegations are deemed to be factual, the same are denied. 21. Denied. This paragraph is a legal conclusion to which no responsive pleading is required. To the extent the allegations are deemed to be factual, the same are denied. 22. Denied. This paragraph is a legal conclusion to which no responsive pleading is required. Tc the extent the allegations are deemed to be factual, the same are denied. 23. Denied. This paragraph is a legal conclusion to which no responsive pleading is required. To the extent the allegations are deemed to be factual, the same are denied. 24. Denied. This paragraph is a legal conclusion to which no responsive pleading is required. To the extent the allegations are deemed to be factual, the same are denied. 25. Denied. This paragraph is a legal conclusion to which no responsive pleading is required. To the extent the allegations are deemed to be factual, the same are denied. 26. Denied. This paragraph is a legal conclusion to which no responsive pleading is required. To the extent the allegations are deemed to be factual, the same are denied. 27. Denied. This paragraph is a legal conclusion to which no responsive pleading is required. To the extent the allegations are deemed to be factual, the same are denied. 28. Denied. This paragraph is a legal conclusion to which no responsive pleading is required. To the extent the allegations are deemed to be factual, the same are denied. 29. Denied. This paragraph is a legal conclusion to which no responsive pleading is required. To the extent the allegations are deemed to be factual, paragraph are denied as information sufficient to Defendant's beliefs. the allegations contained in this Plaintiff is without knowledge or form a belief as to Answering 30. Denied. This paragraph is a legal conclusion to which no responsive pleading is required. To the extent the allegations are deemed to be factual, the same are denied. 31. Denied. This paragraph is a legal conclusion to which no responsive pleading is required. To the extent the allegations are deemed to be factual, the same are denied. WHEREFORE, the Plaintiff demands judgment in its favor, and against the Answering Defendants in excess of the statutory limit for compulsory arbitration for pain and suffering, medical expenses, lost wages, court costs, and attorney fees. Respectfully submitted, Date: ~_~a~rlin~arlin ,~.~rkley, Esquire 210J~Mar'ket Street, Aztec Building Ca~FHill, Pennsylvania 17011-4706 ID~ 84745 Tel. (717) 763-1800 Delores Jackson, Plaintiff VS. Dialysis Services of PA, Jane Doe, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2920 civil term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED ATTORNEY VERIFICATION The undersigned, Marlin L. Markley, Esquire, hereby verifies and states that: 1. He is the attorney for the Plaintiff, Delores Jackson; 2. He is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Motion are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, ~rlin~. M~r-k~ey, Esquire 2108 ~/.~r~ke~_Street, Aztec Building Camp Mill, Pennsylvania 17011-4706 ID# 84745 (717) 763-1800 Delores Jackson, : Plaintiff : : VS. : : Dialysis Services of PA, : : Jane Doe, : Defendant : : : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2920 civil term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED CERTIFICATE OF SERVIC~ I hereby certify that I am this day serving a copy of the foregoing Amended Complaint upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through certified mail, return receipt requested, prepaid and addressed as follows: Marshall, Dennehey, Warner, Coleman & Goggin Kerry E. Maloney, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (attorney for Answering Defendant) Date: /0'3;'200 Re spe ct fu~.%.y~.-s~ t ed, arli/~y. M~kley, Esquire 2108~rket Street, Aztec Building Camp/Hill, Pennsylvania 17011-4706 ID#/84745 (717) 763-1800 IN THE COUF T OF COMMON PLEAS OF CUMBERLAND COUNTY JACKSON VS. : : NO. DIALYSIS SERVZCE OF PA : CERTIFICATE 022920 PREREQUISITE TO 3ER'%qCE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite pursuant 1. to service of a subpoena(s) for documents and things to Rule 4009.22 SHARON M O'DONNELL, ESQUIRE certifies that: A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached Ehereto was mailed or delivered to each paray at least twentf days prior to the date on which the subpoena(s) is sought to be served[, A copy of the Notice of Intent, including the proposed subpoena(s) is attached, to this certificate, No objection to the subpoena(s) has been received, and The subpoena(s) which will be served is identical to the subpoenas(s) which !~ attached to the Notice of Intent to Serve the Subpoena(s). Date: 9/15/03 SHARON M O'DONNELL, ESQUIRE 4200 CRUMS MILL RD SUITE B HARRISBURG, PA 17112 717-651-3503 ATTORNEY FOR DEFENDANT INQUIRIES SEOULD BE ADDRESSED TO: MEDICAL LEC~ REPRODUCTIONS, 4940 DISSTON STREET PHILADELPHIA PA 19135 (22.~ 335-3653 INC. B~£: :~u:~an Tyre File #: R303155 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JACKSON Vs. DIALYSIS SERVICE OF PA No~ 022920 .... w*'' (PLAINTIFFi TO: MARLIN MARKLlS~ .... ~,z NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersignad an objection tc, the ~ub~©ena. If no objection is made the subpoena may be served, Date: 9/15/03 Enc (s): File #: Copy of subpoena(s) Counsel. return card R3~155 SHARON M O'DONNELL, ESQUIRE 4200 CRUMS MILL RD SUITE B HARRISBURG, PA 17112 ,ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LE~L REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3S53 Susan Tyre TO: CO~N-~TH OF PENNSYLVANIA JACKSON : Vs. : File No. DIALYSIS SERVICE OF PA : SUBPOENA TO PROOUCE[:X:X:;Lt4ENTSORTHINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 2 MEMORIAL REF=ABILITATION CTR, , I~3%RRISBURG PA 17110 022920 (Name of Person or Entity) within twenty (20) days after service of this subpoena, you a~e o~dered by the court prc~:fuce the following dooxnent~ or ~hings: __ ' SEE ATTACHED ADDENDUM MEDICAL LEGAL REPRODUCTIONS(A~s~940 DISSTON ST., PHILA., PA at You may deliver or mail legible copies of the docu~ent.s or produce things requeste< this subpoena, together with the certificate of coT~oliance, to the party making request at the address listed above. You have the right to seek in advance the rea~on~ cost of preoaring the copies or 0roducing the things sought. If you fail to produce the doc~nents or things required by this subpoena within tw (20) days after its se~vlce, the party serving ·thin subpoena may seek a court ol ~,pelling you to c~,~ly with it. THIS SUBPO~NAWAS ISSUED AT THE REQUEST OF THE FOLLOWING'PER:~IN: NAt~: SHARON M O'D~IqNELL, ESQ =~ ..... E'MM~ MIlL RD HARRISBURG, PA 17112 215-335-3212 TELEPHONE: SUPREME CO. JRT ID # ATTORNEY fO~: (Eff. DEFENDANT ~303155-02 DATE:__ ~,.- _~.. /~; J~J' · Seal of the Court to ~nt? ,de~- ADDENDUM TO SUBPOENA JACKSON Vs. DIALYSIS SERVICE OF PA No. 022920 2 M~40RIAL CUSTODIAN OF RECORDS FOR: REHABILITATION CTR ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: ADDRESS: DATE OF BIRTH: SSAN: DELORES JACKSON 1205 E CUMBERLAND RD 09/08/3? 169508111 }LARRI SBURC4 PA CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARAN( RECORD CUSTODIAN COMPLETE AND RETURN ] RECORDSAREATTACHED HERETO:I herebv certify as custodian of records that, to the best of my know~edge, information and belief all documents or things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the followin~ documents have been located (CHECK THE APPROPRIATE BOX): RECORDS ( ) PATIENT BILLING X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAIqD R303155-02 Authorized signature for' 2 MEMORIAL REHAB CTR * * *' SIGN AND RETURN SHIS PAGE ** * DELORESJACKSON, V. Plaintiff DIALYSIS SERVICES OF PA AND JANE DOE, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA : : CIVIL ACTION - LAW NO. 02-2920 PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Kindly mark the above referenced matter settled, ended and discontinued with prejudice. 'l~arlin~kley, l~squire Attorney for Plaintiff AND NOW this / ~t'day of~, 2003, upon consideration of the foregoing Praecipe, the above referenced matter is hereby marked settled, ended and discontinued with prejudice. BY THE PROTHONOTARY: