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[U] Monroe v. Wyncote Healthcare Corp.

Superior Court of Pennsylvania

March 7, 2014

SARAH MONROE, DECEASED, BY ELLIS BROWN, ADMINISTRATOR Appellant
v.
WYNCOTE HEALTHCARE CORPORATION D/B/A THE OAKS, GENESIS HEALTHCARE CORP., GENESIS ELDERCARE CORP., GENESIS HEALTH VENTURES, INC., GENESIS ELDERCARE NETWORK SERVICES, INC. Appellee

NON-PRECEDENTIAL DECISION

Appeal from the Order February 25, 2013 In the Court of Common Pleas of Montgomery County Civil Division at No(s): 06-28624

BEFORE: BENDER, P. J., LAZARUS, J., and FITZGERALD, J. [*]

MEMORANDUM

LAZARUS, J.

Ellis Brown, as Administrator of the Estate of Sarah Monroe, Deceased, appeals from several orders of the Court of Common Pleas of Montgomery County, including one that denied his petition to open and/or strike the entry of judgment of non pros in favor Wyncote Healthcare Corporation d/b/a The Oaks, Genesis Healthcare Corp., Genesis Eldercare Corp., Genesis Eldercare Corp., Genesis Healthcare Ventures, Inc., and Genesis Eldercare Network Services, Inc. (Appellees). After careful review, we affirm.

The facts and procedural history of this case have been summarized as follows by the Honorable Richard P. Haaz:

1. On November 16, 2006, [the Administrator] commenced the instant action by writ of summons.
2. On February 13, 2007, [the Administrator] filed a complaint seeking to recover damages for personal injuries on behalf of Sarah Monroe under negligence and corporate negligence theories of liability.
3. On May 2, 2007, [Appellees] filed preliminary objections to [the Administrator's] complaint.
4. On August 1, 2007, [Appellees] filed a motion for protective order.
5. On August 14, 2007, the Honorable Rhonda Lee Daniele entered an order striking the corporate negligence claim and granting [the Administrator] sixty days to conduct discovery to identify the unnamed agents referred to in the complaint. Judge Daniele further ordered [the Administrator] to file an amended complaint within twenty days after the expiration of the sixty day discovery period.
6. On October 12, 2007, Judge Daniele entered a protective order with respect to [Appellees'] representatives who personally investigated the incident that gave rise to the complaint, but ordered Appellees to produce specific individuals for depositions within twenty days.
7. On November 1, 2007, [the Administrator] filed a motion for reconsideration of the October 12, 2007 order.
8. On December 14, 2007, Judge Daniele entered an order with respect to [the Administrator's] motion for reconsideration stating the order of October 12, 2007 would remain in full force and effect, and granting [the Administrator] an additional sixty days to conduct discovery.
9. On May 12, 2011, [Appellees], Wyncote Healthcare Corp, d/d/a The Oaks, Genesis Healthcare Corp., Geriatric & Medical Services, and Genesis Eldercare Network Services, Inc. filed a motion for entry of judgment of non pros alleging [the Administrator] failed to file a timely amended complaint pursuant to Judge Daniele's August 14, 2007 order.
10. On June 8, [the Administrator] filed a motion for sanctions against [Appellees], alleging noncompliance with the October 12, 2007 order directing [Appellees] to produce certain individuals for deposition testimony.
11. On June 10, 2011, [the Administrator] filed an Amended Complaint.
12. On June 13, 2011, [the Administrator] filed a response to [Appellees'] motion for entry of judgment of non pros, claiming the August 14, 2007 order was superseded by the December 14, 2007 order, which did not provide a deadline for the filing of an amended complaint.
13. On June 29, 2011, [Appellees], Wyncote Healthcare Corp, d/b/a The Oaks, Genesis Healthcare Corp., Genesis Eldercare Corp., Geriatric & Medical Services, and Genesis Eldercare Network Services, Inc. filed preliminary objections seeking to strike ...

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