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HomeMy WebLinkAbout00-03911 "--*'- "'0 ..:-:"- LAURIE NEWSOME and MAURICE NEWSOME, Husband Parents and Natural Guardians ofBRISTON DAVIS, minor, Plaintiffs INTIIE COURT OF COM1v!ON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW RONALD YATES, Defendant NO. 00~3911 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of June, 2003, upon consideration of the Petition for Approval To Settle a Minor's Claim, a hearing is scheduled for Monday, July 21,2003, at 9:00 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. Plaintiffs shall be permitted to participate by telephone in the above- scheduled hearing. IT IS FURTIIER ORDERED that Plaintiffs shall give notice of the hearing to the natural father of the minor plaintiff. BY THE COURT, J. Charles W. Marsar, Jr., Esq. 3513 North Front Street Harrisburg, PA 17110-1438 Attorney for Plaintiffs r; ~ Jl-CJ3 Kevin C. McNamara, Esq. 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendant ~~ RlED-OI'flCE . OF ThE PROl-,ONClTA.l:\'/ 03 JUN 25 Pii 3: 2D CUMBERLJj.,Q COU\{i'( PENNSYLVANIA ~.- .JF . "'iff t.i..( iW -, "'" , ',; ,,' ~ ,," :'i' " .--' '" JUN 1 9 Z003 i R. J. MARZELlA & ASSOCIATES, P.c. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court J.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17110-1438 Attorneys for Plaintiffs, Telephone: (717) 234-7828 Laurie and Maurice Newsome Facsimile: (717) 234-6883 Parents of Briston Davis IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA CIVIL ACTION -lAW DOCKET NO. 00-3911 lAURIE NEWSOME and MAURICE NEWSOME, Husband Parents and Natural Guardians of BRISTON DAVIS, minor Plaintiffs v. -~~ RONALD YATES Defendants JURY TRIAL DEMANDED ORDER APPROVING MINOR'S SETfLEMENT AND DISTRIBUTION AND NOW, this n;t' 'J. ( . day of , 2003, upon ~ consideration of the Petition for A*Droval to Settle a Minor's Claim, it is hereby ORDERED and DECREED that Petitioner is authorized to enter into a settlement with Farmers Mutual Insurance Compan~ for the gross sum of Thirty-Five Thousand Dollars ($35,000.00). Defendant's Insuran~e Carrier shall forward a check in the amount of Twelve Thousand One Hundred Eighty-Seven Dollars and Ninety-Three Cents ($12,187.93) to Petitioner's Counsel for proper distribution. Twenty-Two Thousand ;., ~ -'. J " ~. " -" .~ Dollars ($22,000.00) will be invested in a structured settlement to be placed with Travelers Life and Annuity payable to the Minor-Plaintiff, Briston Davis, date of birth April 3, 1989, Social Security Number 184-70-8024, on the following dates and in the following amounts: April 3, 2007 (Age 18) April 3, 2008 (Age 19) April 3, 2009 (Age 20) April 3, 2010 (Age 21) TOTAL $ 6,000.00 $ 6,250.00 $ 6,500.00 $ 7.518.00 $26,268.00 The $12,187.93 shall be distributed as follows: Attorney's Fees Payable to R. J. Marzella & Associates, P.c. Expenses Repaid to R. J. Marzella & Associates, P.c. ~S"/.~7 The balance of the settlement proceeds which amounts to ~7 will be paid to Laurie $ 11,550.00 - $ -63"'.~:3 - S'i~. '(> Newsome and Maurice Newsome, the parents ofthe Minor-Plaintiff, Briston Davis, to be deposited in a restricted interest bearing account and turned over to minor-child upon age 18. J. fl~ {/\' \~"'~ riB 01.~ '''''W~'1i - r'-~~' ~ ~,".u.~~~- . \;IJ!'M~1^SNN3d A lr~!1, (', ,,' 'II< ',.,"V! ~ r -'-' -' '" " ,,'~:~:--::\nJ ~(". '[[I'" ~.:I' j"!'.i Z lor C'n t' '1'-/1('. \G\--,-~.)I '<'..-'. ~ - '" --.'"-- ,- -'." ,;,;,"-,~,-.--- co.. ",' ,. . ~ "-"">--.' ,- ,,. " "" . ~ \ R.J. MARZELLA & ASSOCIATES, P.c. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court J.D. No. 86072 3513 North Front Street Harrisburg, Pennsylvania 17110-1438 Attorneys for Plaintiffs, Telephone: (717) 234-7828 Laurie and Maurice Newsome Facsimile: /7171234-6883 Parents of Briston Davis IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 00-3911 LAURIE NEWSOME and MAURICE NEWSOME, Husband Parents and Natural Guardians of BRISTON DAVIS, minor Plaintiffs v. RONALD YATES Defendants JURY TRIAL DEMANDED PETITION FOR APPROVAL TO SElTLE A MINOR'S CLAIM Laurie Newsome and Maurice Newsome, the parents and guardians of Briston Davis, a minor, by and through her attorney, R. J. Marzella Esquire & Associates, P.c., file the instant petition for Approval of and Leave to Settle Minor's claim, and in support thereof aver as follows: 1. Briston Davis is the minor son of Laurie Newsome and Maurice Newsome. Briston is currently fourteen (14) years old. 2. Briston resides with his mother and step-father at 1912 Fourth St., Bay City, MI 48708. 1 J, '", -". ,;" ~ ., ": ~ ~ 3. The Defendant is Ronald Yates who resides at 90 Fairview Street Carlisle Pennsylvania 17103. 4. On the afternoon of June 30, 1998, Briston was attempting to open the door of his grandmother's house, owned by the Defendant, when the door stuck and Briston's hand went through the glass. 5. Briston was taken to Carlisle Hospital where he underwent surgery for his injuries. 6. The Defendant maintained Homeowner's Insurance through Farmer's Mutual Insurance Company, which maintains a place of business at 56 North Market Street, Elizabethtown, Pennsylvania 17022. 7. Farmer's Mutual has offered the amount of Thirty-Five Thousand Dollars ($35,000.00) in order to settle all claims pending against their insured. Laurie Newsome, the parent and natural guardian of Briston Davis, agreed that Defendant's settlement offer is acceptable. (See Executed Release of Laurie Newsome and Maurice Newsome attached hereto as Exhibit A). 8. Counsel is of the professional opinion that the proposed settlement is reasonable due to the following: The settlement adequately compensates for the injuries sustained and expenses incurred. Plaintiffs Counsel would request that this Honorable Court approve the same. 9. Plaintiffs parents and guardians executed a fee agreement with the law firm of R. J. Marzella Esquire & Associates, P.c. in which it was agreed that attorney's 2 ., ." ......,~ " . .. fees would be forty percent (40%) of any recovery in the case. (A copy of the Fee Agreement is attached hereto as Exhibit B). 10. In light the Pennsylvania Supreme Court holding in Heller v. Frankston, 504 Pa. 528,475 A.2d 1291 (Pa. 1984) (approving a 113 attorney's fee for the resolution of a case involving a minor-plaintiff), Plaintiffs Counsel has decided to request only a third (33%) fee on the gross settlement amount, ($11,550.00) and would request that this Honorable Court approve the same. 11. Also, in the fee agreement, Plaintiffs parents and guardians agreed to reimburse R. J. Marzella, Esquire & Associates, P.c. for all out-of-pocket expenses made to pursue the claim. Total out-of-pocket expenses are $637.93. (See Expense Summary, attached hereto as Exhibit C). Plaintiffs Counsel respectfully submits that the out-of- pocket expenses are fair and reasonable and requests this Honorable Court's approval for reimbursement of the same. 12. Plaintiffs counsel has thoroughly explained to the Plaintiffs the terms and conditions ofthis settlement, and Minor-Plaintiffs legal guardians have expressed a true understanding and acceptance thereto. (See Verification attached as Exhibit D). 13. While there have been no liens (medical or othetwise) asserted at this time, Laurie Newsome affirms that any such lien will be satisfied out of the settlement. 14. Plaintiffs counsel would request that the net amount ofthe settlement after subtraction of attorney's fees, out-of-pocket expenses, and liens be awarded to Briston Davis. The net amount ofthe settlement would be in the amount of $22,812.07. 3 ~ . .. i;;., ~ _:. ., ' Settlement: $ 35,000.00 + Deductions: $ 11,550.00 - Attorney's Fees $ 637.93 - Expenses $ 22,812.07 15. Ofthe net settlement proceeds, $22,000.00 will be paid into a structured settlement account with placed with Travelers Life and Annuity. The structured settlement payments are as follows: April 3, 2007 (Age 18) April 3, 2008 (Age 19) April 3, 2009 (Age 20) April 3, 2010 (Age 21) $ 6,000.00 $ 6,250.00 $ 6,500.00 $ 7,518.00 (A copy ofthe structured settlement agreement is attached hereto as Exhibit E). 16. The balance ofthe net proceeds of the settlement, which amounts to $812.07 will be paid to Laurie Newsome and Maurice Newsome to be deposited in a restricted interest bearing account and turned over to minor-child upon age 18. 17. Plaintiffs parents and guardians, Laurie Newsome and Maurice Newsome, have agreed with all ofthe terms and conditions set forth above. WHEREFORE, Plaintiffs, Laurie Newsome and Maurice Newsome, parents and guardians of Briston Davis, a minor, requests that this Honorable Court approve the discontinuance ofthis action against Ronald Yates and the settlement of the claims set forth above. A Proposed Order is attached for the convenience ofthe Court. 4 '-"'<," '';',,^ ',-." "'( . ~ Respectfully requested, R. J. Marzella & Associates, P.c. Dated: lune 12. 2003 5 ,"""'- .~ .. ~I<""~ ""= ~" - > - GENERAL RELEASE FOR AND IN CONSIDERATION of the sum of Thirty Five Thousand ($35,000.00) Dollars paid to Laurie and Maurice Newson, as parents and natural guardians of Briston Davis, the undersigned do fully release and discharge Ronald Yates, his insurer, Farmers' Mutual Insurance Company, and any and all persons, associations, and corporations whether or not named herein, their heirs, executors, administrators, successors, assigns and insurers, and their respective agents, servants, and employees from any and all causes of action. claims and demands of whatsoever kind or nature on account of all known and unknown injuries, losses and damages allegedly sustained by Briston Davis or in any way connected with the incident which occurred on June 20, 1998, at the premises located at 142 N. Pitt Street, Carlisle, Cumberland County, and which is the subject of litigation pending at Docket No. 00-3911 in the Court of Common Pleas of Cumberland County, Pennsylvania. IT IS EXPRESSLY UNDERSTOOD AND AGREED that the acceptance of said sum is in full accord and satisfaction of a disputed claim and that the payment of said sum is not an admission of liability by any party. IT IS EXPRESSLY UNDERSTOOD AND AGREED that accident related injuries may be permanent, progressive or uncertain in scope and degree and this Release and settlement is intended to cover and does cover not only all now known injuries, losses and damages, but any further injuries, losses and damages which 234175-1 .~ ..,jlll',' ~ H"'I..dil.;Ij" ~~ " .. .....,~"; . . . arise from, or are related to, the occurrence set forth in the legal action noted above. IT IS FURTHER UNDERSTOOD AND AGREED that this is the complete release agreement and that there are no written or oral understandings or agreements, directly or indirectly connected with this Release and settlement that are not incorpq;ate~ hera:ii. This agreer;i8tlt 3hall bt? binding ',.tpcn and lnu~e to th~ successors, assigns, heirs, executors, administrators and legal representatives of the respective parties hereto. THE UNDERSIGNED HEREBY DECLARE that the terms of this settlement have been completely read; that they have discussed the terms of this settlement with legal counsel of their choice and had an opportunity to ask questions of counsel pertaining to the terms and legal effect of this Release and settlement; and said terms are fully understood and voluntarily accepted for the purpose of making a full and final compromise adjustment and settlement of any and all claims on account of the injuries and damages above-mentioned, and for the express purpose of forever precluding any further or additional suits arising out of the above action. THE UNDERSIGNED DECLARE that they are the parents and natural guardians of Briston Davis, that they are authorized to enter into this agreement, that they are mentally competent to enter into this settlement agreement, that they have not been adjudicated incompetent or insane nor are they otherwise without the capacity to understand and appreciate the terms and finality of this Release and settlement. The 234175-1 .. ... .. undersigned are further satisfied that the terms of this settlement agreement are in the best interest of their minor son. IN WITNESS WHEREROF, we have hereunto set our hands this '+~ay of l";!,.. , ! 2003. II11 1/';".. 0",0. ~ I ~o-Y"""""J {,t';:"'V ~ev.>) /1 __"'i / .. ~; _", :r..///./_J /' /7/.--.'.{../.;,r-".,-; La'Uri:~ Ne.."iso~.l, as paient and natuial guardian of Briston Davis l -, ~ "'::..-'""':. <"~ ( Witness , '~'-- \ , ~, --- '- 'L.. ../.... ,/ ./ ",/' , __'."~ ,;..-~.,.' .~ 7 .:'?,..,'..........'L.--' )Aamice Newson, as patent and natural .. guardian of Briston Davis ~-_:-::;,,-..-_. -3- "~. ,~ . ~ .~ - -~""'-', . POWER OF ATTORNEY AND CONTINGENCY FEE AGREEMENT I (We), Laurie and Maurice Newsam, an behalf af aur san, Bristan Davis, the undersigned, hereinafter called "c1ient(s)" hereby retain, appaint, and naminate R.J. Marzella and Assaciates, P.c., its members and assaciates, hereinafter called "attarney" to. represent c1ient(s) as legal caunsel far all purpases in cannectian with claims far damages arising aut af 41'18 hnwl~ ;~li~ . Client(s) and attarney hereby agree as fallaws: 1. Initial Evaluatian - Attarney will undertake an initial investigatian and evaluate the merits af this case. No. attarney fee will be charged far attarney work in connectian with theevaluatian. Client{s) shall . pravide in advance a retainer af . f'5 .. to. be used far the . purpases af paying the casts assaciated with the initial investigatian. Attarney will review the pertinent recards and will advise the client(s) cancerning the probable merits af the case. If the initial evaluatian af the merits afthe claim is favarable, attarney will advance the casts af prosecuting the case. These casts shall be repaid by client(s) as specified in paragraph 5 belaw. Attarney reserves the right to. terminate the agreement after the initial evaluatian if the case is determined nat to. have merit, at which time any balance remaining in the trust accaunt after payment af expenses shall be returned to. client(s). G 3, f Attarnevs F~es - In payment far the services perfarmed by the . ~r ~ attarney, cllent(s) hereby agree that (40%) attarneys fees shall be paid LffJo/D to. R.j. Marzella & Assaciates fram the tatal amaunt paid in either settlement afthe case ar in a jury verdict, including any amaunts due and awing as delay damages. In the event af a settlement in the farm af a structured settlement, it is agreed that attarney fees shall be paid accarding to. the abave terms based an the cost af the structured settlement to. the settling party(s). It is further understaad and agreed that the amaunt to. be paid as the attarney fees an the structured settlement shall be paid an a lump sum basis at the time the structured settlement is entered into. by the c1ient(s). 3. Settlement - No. settlement afthis case shall be made withaut the client(s) priar appraval. 4. Distributian af Proceeds - Client(s) further agrees that fram the proceeds af any recavery, whether by settlement, judgment ar 1 ',,,,,,,,,"0- .. j,,,, H . -~_.~ . otherwise, the attorney may deduct the attorneys fees to which it is entitled, together with all costs and expenses which have been advanced or remain unpaid; and c1ient(s) further agree that the attorney may deduct the amount of all unpaid bills for professional services and make disbursements of such funds directly to the creditors involved. 5. Cost Advance - Attorney shall have the authority to make advances and to incur such costs as the attorney determines necessary in the processing of the c1ient(s) case. Such advances and costs include but are not limited to: (a) Fees for physicians, psychologists, accountants and other experts which attorney deems necessary to assist in handling of client(s) case; (b) Copying charges, travel expenses, court costs, deposition expenses, long distance telephone calls, postage. In the event of a monetary recovery, client(s) agree to reimburse attorney for the above-referenced expenses incurred. After the attorney's fees are deducted from the settlement and/or verdict, the expenses shall be repaid to R.J. Marzella & Associates out of the remaining balance of the settlement and/or verdict. If client(s) rejects a settlement offer that attorney believes is reasonable and equitable under the circumstances, c1ient(s) agree to be responsible for any and all out-of-pocket expenses incurred during the pursuit of their claim, irrespective of a monetary recovery. 6. Withdrawal-If, during the pursuit of this case, the attorney determines that, under the existing circumstances, it is not feasible or practicable to prosecute this case, upon notification to the client(s) of such facts, the attorney may withdraw from representa~ion under this agreement. Client(s) agree to execute all documents and take all steps requested by attorney that are necessary to facilitate the withdraw of representation. 7. Aooeal- If the client(s) authorizes an appeal of this case, the attorneys fees shall be increased by 5% more than the fee set forth above to cover the additional work involved in handling of of the appeal. 8. Fee Division - In the event that Client(s) were referred to R.J. Marzella and Associates, P.c. by a referring attorney, Client(s) do not object to the division of the attorneys fees being charged the client(s) between the attorney and the referring attorney. Client(s) ..I, rio_' 2 . .~-" - ~ ~,- , understand that they will not pay any additional fee as a result of the division of the fee between attorney and referring attorney. 9. Termination of Agreement bv Client(s) - In the event that the client(s) seek legal representation elsewhere regarding the incident described herein and after the instant fee agreement is executed, client(s) agree to immediately reimburse attorney for all expenses incurred to date. Moreover, for the work performed by the attorney up to the date of separation of attorney and client(s), client(s) agrees that, in the event of an ultimate monetary recovery, attorney is entitled to reasonable compensation (quantum merit) from any verdict or settlement. 10. Arbitration - Any dispute between the attorney and the client(s) shall be resolved by arbitration. The arbitrators shall be members of the Pennsylvania Bar Association. The attorney shall select one arbitrator. The client(s) shall select one arbitrator. The two arbitrators shall select a third arbitrator. The arbitrators shall, by majority vote, establish all rules pertaining to the arbitration, including determining how the cost of arbitration shall be paid. lfthe dispute is not resolved, the rules of the American Arbitration Association in effect at the time shall apply and control. 11. Termination - This agreement applies only-to the attorney's pursuit of the claim specified above. This agreement terminates upon the final distribution of proceeds recovered on behalf of the client(s) through verdict, settlement or otherwise, if not terminated before such time. In the event client(s) desires additional senrices performed by attorney, whether related to the above-described incident or not, the fees and costs to be charged by the attorney in the event representation is undertaken, is subject to other agreement. I (We) have read the above agreement and understand and agree to its terms. There are no other agreements between the parties hereto. This agreement is entered into this '20 day of ~f- , 2002. L~/lWMrn ~urie Newson ..----- >- __Maurice Newsom.N IS' )'-'^,/ay 2e'J.BS ( Date 3 I ____ ..... ~ . , , , . " - = ,~ . B L 0 C K & SOB E L, L. L. C. COliNSEI<LORS AT LAW The Abate Building Suite 308 300 Sunset Road Burlington, New Jersey 08016 (609)239~1174 Mercer Count)' (609)- 717 -1643 Fax (609) 239-7758 Bruce L. Sobel * Michael L. Block' 'l<ME:MBEROFPAANDNJ BAR Apri121, 2003 FAX ONLY 717-234-6883 Charles Marsar, Esquire Marzella & Associates 2513 North Front Street Harrisburg, PA 17110 RE: NewsonlDavis referral Dear Chuck, .i 11~' My Cost are as follows. I know that a minors compromise needs to be filed and I am not sure in that county if! can get back copying, travel, and phone charges. If not, do not worry about it. Pleadings - $45.50 and $5.00 Travel - $70.25 Deposition - $96.60 Phone charge-- $17.00 Medical records - $207.45 Overnight - $16.80 Copying - $22.50 TOTAL u_____ 483.1 0 If you have any questions, plea~e 'call me at the number above or my cell phone at 609-217-6128. VelY Tmly Yours, Bruce L. Sobel BLS/mds G S391'oN '-, -['-iI13'208 '~ ':DOl8 ~lVl8:l1 8003 'lZ'JdV :~j ~ , " 9:16AM 04130/03 Accrual Basis Type Dale Client Prepaid Expenses Davis, Briston Check Check Check Check Check T atal Davis, Sriston 11/12/2002 11/12/2002 11/12/2002 11/12/2002 11/13/2002 TOTAL Total Client Prepaid Expenses ,b 0_'-'-' .~~ .'~ R.J. MARZELLA, ESQUIRE AND ASSOCIATES, P.C. Account QuickReport All Transactions Num Name Memo 8745 8750 8787 8808 8815 API VOID: Involc". Charles W, Marsar Zach Campbell Charles W. Marsar Hughes Albright R... 19412 Split Amount Balance FTC 0.00 0.00 FTC 2.00 2.00 FTC 8.37 10.37 FTC 17.76 28.13 FTC 126.70 154.83 154.83 154.83 154.83 154.83 154.B3 154.83 Page 1 .. ~- .' , -t~_, , , VERIFICATION We, Laurie Newsome and Maurice Newsome, understand that by accepting the settlement offer of Thirty-Five Thousand Dollars ($35,000.00) from the Defendant, Ronald Yates, all rights that we or our minor son, Briston Davis, have against the Defendant for injuries caused on June 30, 1998, when Briston's hand went through the window, are forever discharged. No further action can be brought against the Defendant, nor can we or our minor son, Briston, come back to court at a later date and ask for further financial relief as a result of the specified June 30,1998 incident. We understand that attorney's fees in the amount of33% of the gross recovery, or $11,550.00, will be awarded to the firm ofR.J. Marzella, Esquire & Associates, P.c. and have agreed to same. We also understand that the out-of-pocket expenses incurred in pursuit of this case are $637.93 and understand that they will also be reimbursed to the law firm of R. J. Marzella, Esquire & Associates, P.c. from the settlement proceeds. We further understand that we will be personally responsible for any liens that may arise regarding Briston's medical treatment as a of result of his injuries sustained on June 30, 1998. We understand that from the balance of the settlement proceeds, $22,000.00 will be paid into a structured settlement for the benefit of our minor son, Briston, when he reaches the age of majority. We understand that any balance of the settlement proceeds will be awarded to us, for the sole use and benefit of our minor son, Briston. We understand the terms and conditions ofthis settlement and agree to the same on behalf of our minor son, Briston Davis. Dated: 20, 1f4f t.tHJ, '( L~ )f ,uu4H7 La&ie Newsolk, Mother of Briston Davis Dated:02C1M., ;? 6>",,3' / .... ~ "" " . '" " 00 o RINGLER ASSOCIATES John W. Cameron jcameron@ringlerassociates.com 717) 728-1500 (800) 515-5033 Fax (717) 728-1502 May 21,2003 Individually Designed Settlement Briston Davis D/O/8 4/3/89 BENEFIT COST GUARANTEED YIELD Guaranteed Lump Sums $ 6,000 on 04/03/07 (age 18) $ 6,250 on 04/03/08 (age 19) $ 6,500 on 04/03/09 (age 20) $ 7,518 on 04/03/10 (age 21) 5,412 5,336 5,252 6,000 6,000 6,250 6,500 7,518 $22,000 $26,268 4902 CARLISLE PIKE, PMB 395, MECHANICSBURG, PA 17050-3079 www.ringlermidam.com , I ,~, .,- --, "'~ ~ CERTIFICATE OF SERVICE I, Lisa R. Rhoads, hereby certify that a true and correct copy of the foregoing document was served upon all counsel of record this 12th day of june, 2003, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 R.j. MARZELIA&ASSO'CIATES, P.C. ~,&1L~~ Charles W. Marsar,jr., Esquire 'd",_, ~~_DiIr"=L ~ ."-.lIY.llr~~_~!li!i:lJiIi .~.' .", i; , .- ~. p, "-.,, , < L_ 0 '--<' r' C C,.' :~ -;:1 ~~~ -n UJ ~:- C ~1 CC ~~ -'1;", - ; :E:;i'--: :-~_: ,:~, ~-~ :tC" '.) c: -, ;?:. - r; '20 --I =< -< ,0 , ,- .' ~ . " . . ""- " R. J. Marzella & Associates, P.C. Attorneys & Counselors at Law 3513 North Front Street - Harrisburg, PA 17110 To: Charles W. Marsar, Jr., Esquire i 3513 North Front Street Harrisburg, PA 17110 I." I ': i' I ,"f' '.;';i. : I ! ! , ' , ' , , , , , I , , ' , , ' , , I , , , ,~ I j ,.,~.l.-, h. " " ~ ..'" """"'''''''..iiL - """ """""""",",,' ..~ 'I " BLOCK & SOBEL, P.C. BY: BRUCE L. SOBEL, ESQUIRE Identification No. 68115 300 Sunset Road, Suite 308 Burlington, NJ 08016 (609) 239-1174 Attorney for Plaintiff LAURIE AND MAURICE NEWSON, h/w, Parent and natural guardians of BRlSTON DAVIS 1912 Fourth Street Bay City, MI 48708 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintift; NO.: TERM 00- .if/I C?t~.n'l y~ v. RONALD YATES 90 Fairview Street Carlisle, Pennsylvania 17013 Defendant. CIVIL ACTION COMPLAINT NOTICE TO DEFEND 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 this Complaint and Notice are served, by entering a written appearance personally r by an attorney and filing in writing with the Court your detenses 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 withont 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 1HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFoRD ONE, GO TO OR TELEIIPONE THE OmCE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 j~~ ,. ~"^ ~i ' _,_ , - -., - ',' J, ,::,," ~,' , " '. " BLOCK & SOBEL, P.C. BY: BRUCE L. SOBEL, ESQUIRE Identification No. 68115 300 Sunset Road, Suite 308 Burlington, NJ 08016 (609) 239-1174 Attorney for Plaintiff LAURIE AND MAURICE NEWSON, h/w, Parent and natural guardians of BRISTON DAVIS 1912 Fourth Street Bay City, MI 48708 Plaintiff, COURT OF CQMMON PLEAS CUMBERLAND COUNTY tERM NO.: HJ-.3911 CwJ--r~ v. RONALD YATES 90 Fairview Street Carlisle, Pennsylvania 17013 Defendant. CnnLACTIONCOMWLUN~ Premise Liability, Slip and Fall 1. Plaintiffs, Laurie and Maurice Newson, h1w, parents and natural guardians of Briston Davis, are adult individuals who currently reside at 1912 Fourth Street, Bay City, MI, 17025. 2. Defendant, Ronald Yates (hereinafter referred to as 'IY ates"), upon information and belief is an adult individual who currently resides at 90 F airview Street, Carlisle, Pennsylvania 17013. 3.0n or about June 30, 1998, Defendant, Yates were the owners and/or parties in control of the premises located at 142 North Pitt Street, Carlisle, Pennsylvania. 4. At all times material hereto, Defendant, Yates acted and/or failed to act by and through its employees, agents, servants, and/or other representatives, who were '. '. ' ~,' ---I i""'-ElIiilil(,;] 'j , ,. ';'~-' ""-M, ~ ". acting within the course and scope of their employment, agency and/or other representation and on behalf of said Defendant, Yates, in furtheranc~ of its business, missions, and affairs. 5. Defendant, Yates, at all times material hereto, was respohsible for the maintenance and repair of the premises, sidewalk, doors/doorways, lmd/or abutting area of the premises, located at the aforementioned location. 6. Defendant, Yates, had a duty to all guest and invitees on the aforesaid premises, sidewalk, doors/doorways, and/or abutting area to keep the doors/doorways and/or abutting area in a safe condition and to inspect the premises, sidewalk, doors/doorways, and/or abutting area and wam pedestrians thereon pf any defective, dangerous and/or hazardous conditions. 7. On or about June 30,1998, and for some time prior thereto, Plaintiff was visiting his grandmother Betty Davis who rents the premises at 142 North Pitt Street, Carlisle, Pennsylvania, when there existed a certain defective, dangi:rous and hazardous condition on said back doors/doorways and/or abutting area of the premises located at the aforementioned site in that the door would not open, became stuck and/or jammed in such a manner that caused the door to become extremely difficult to open. 8. Defendant, Yates, knew or should have known of the existence of the defective, dangerous and hazardous condition but permitted the aforesaid condition to exist. 9. On or about June 30, 1998, Plaintiff minor, Briston Davis, date of birth April 3, 1989, was attempting to exit the back door/doorway of 142 North. Pitt Street, when solely as a result of the Defendants' negligence, carelessness, recklessness and 2 .'~ 1.. ,,,; ,c - ,-"- -~-" -_'n ,':'i wantonness, he did trip, slip, stumble and fall through a plate glass window of the door/doorway by reason of coming into contact with a defective, dangerous and hazardous condition of the back doors/doorways and/or abutting area. 10, Plaintiff avers the premises, doors/doorways, and/or abutting area of the doors/doorways constituted a defective, dangerous and/or hazardous condition, public nuisance 'and menace to invitee persons on said premises, sidewalk,doors/doorways, and/or abutting area. 11. The aforesaid accident was caused by the negligence, catelessness, recklessness and wantonness of the Defendant, Yates, and consisted of the following: (a). Failing to maintain the premises, doors/doorways and/or abutting area in a condition which would protect and safeguard persons on said premii>es, doors/doorways and/or abutting area; (b). Permitting the said premises, doors/doorways and/or abutting area to remain , I in a condition so as to constitute a menace, danger, nuisance, snare lind trap to persons entering/exiting/walking on said premises, doors/doorways and/or abutting area; (c), Failing to have said premises, doors/doorways and/or abutting area inspected at reasonable intervals in.order to determine if it was in proper condition; (d). Failing to give notice or to warn persons walking on the said premises, doors/doorways and/or abutting area of the dangerous and perilous conditions of the doors/doorways and/or abutting area; (e). Disregarding the rights and safety of the Plaintiff on sai~ premises, doors/doorways and/or abutting area; (t). Violations of local ordinances and statues of County;' and of I I 3 "'"'-' \io'd_' " --'I the Commonwealth of Pennsylvania; (g). , Failing to correct said dangerous and/or hazardous condiition the premises, doors/doorways and/or abutting area in a condition which would pr~tect and safeguard persons walking on said premises, doors/doorways and/or abutting 4rea; , (h). Negligence at law; (i). Such other acts of negligence as shall be revealed by! discovery. 15. By reason of the occurrence above described, Plaintiff, sustained injuries in and about his body and extremities, which injuries are or may be serious, severe and permanent. Plaintiff, suffered serious personal injuries to his body, which are or may be . permanent in nature, including, but not limited to his head, neck, shoulders, arms, back, torso, hands, legs, feet, hips as well as severe shock to his nerves and nervous system and various ills and injuries, and he was made to undergo great physical pain and mental anguish as a result of which he has suffered, yet suffers and will continue to suffer for an indefinite time in the future. 12. As a result of the negligence and carelessness of Defend ant, Yates, herein as aforesaid, Plaintiff has been obliged to expend large and various sums of money for medicines and medical attention in and about endeavoring to treat aIld cure said injuries and will be required to expend large sums of money for the same purposes in the future. 13. By reason of the occurrence above described, Plaintiff was prevented from attending his usual and daily occupation and duties to his great finarlcial damage and loss. 14, As a further result of the negligence, carelessness and/or recklessness, Plaintiff, has been caused and may continue to be caused in the future, to be unable to do 4 -" ",",,,,- ~, 'C-""',,, his usual duties, activities, occupation, advocation, all to his great fi)1ancial10ss and detriment. 15. As a result of the aforementioned injuries, Plaintiff, has undergone and in the future will undergo great physical and mental suffering, a great Inconvenience in carrying out his daily activities, loss oflife's pleasures and enjoyment, and claim is made therefor. 16. As a result of the aforesaid injuries, Plaintiff has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. WHEREFORE, Plaintiff demands judgment against Defendant, Yates, for damages in an amount in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs of suit and attorney's fees. COUNT II LAURIE AND MAURICE NEWSON V. YATES LOSS OF CONSORTIUM 17. The averments set forth in paragraphs one (I) through sixteen (16) are inclusive of this Complaint are incorporated herein by reference as though same were set forth more fully at length herein. 18. Plaintiffs, Laurie and Maurice Newson, at all times relevant hereto are and were the parents of Plaintiff, Briston Davis. 19, Plaintiffs, Laurie and Maurice Newson, have been and may continue to be forced to expend money and incur obligations in and about an effort to assist in the cure and care of their child's aforesaid injuries. 5 ~~ '-" " ., ,,',-' '~^ . ~ ;;.,,_.-,>,"C_ " 20. Plaintiffs, Laurie and Maurice Newson, has been al)d may continue to be deprived of the services, society, companionship and consortiUIDi of their child, all to great detriment and loss. 21. In addition to any forgoing losses plaintiff may halVe suffered, plaintiffs hereby makes specific claim that as a direct result of the accident giving rise to the injuries above mentioned, plaintiff has suffered a reduction in the' ordinary joys of life, including but not limited to the joy of striving for happiness ana the joy of attaining . happiness as well as the loss of the enjoyments of the pursuits ancl pleasures of life and that this claim is a separate and distinct claim for losses incurred as a result of the defendants' negligence as aforesaid. , WHEREFORE, Plaintiffs demand judgment against Defen~ant, Yates, for damages in an amount in excess ofPifty Thousand ($50,000.00) Demars, together with interest, costs of suit and attorney's fees. DATED: toll/tv BLOCK & SOBEL, P.C. BRUU~~t Attorney for Plaintiff 6 ~, "~I I , " ~ ~ .! '. , ," '01 VERIFICATION I, Laurie Newsome, Plaintiff, verifY that the statements contained in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A section 4904 relating to unsworn falsification authorities. ,. /-3-7'1 DATE ~, t:::::? ~";4Qr7 Laurie t:i' /\/fLwSon ,~, _ V. . I . I ~~~ . "~ ",L, -~C"l., " ,~ .' ~ VERIFICA TION I, Maurice Newsome, Plaintiff, verifY that the statements contained in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A section 4904 relating to unsworn falsification authorities. / /3 /79 DATE Z--i> f ~h.l~ ~, Ma. 'ce Newsome /' 2 . 'ilJ~&i_"._'_'~ ($i'l!"~'ltilW-..~,ilBl;ilfI!~~~iW,I\W[.,%l!"I>...~b&,i~il~,<;;.",~,,,,.,h"\-5iiHlW'."''' " '">"~r-'~~ -~ ~L ~-, _. lJl>L~.;'WI -. -~ --~~~.... ~ .~,- ~ -- 1IIllIM11'MIif'" ,\' ... ! t- I , ." 1- , I i I I , I I 1 I , i i """"'- ~ ~ ~ ~ .~ ~ 0 .-"', (9 . c-: ...~, 9 <v ,- ..0 a -rJI';--:: "~ ~ Q)CT- ,- 9 ~ I -'/ I"~ .' I .c',_. "" kJ en f"-J 1,<< ~ 6'"" ~ &? [:. ~ ,- <i _ - ~~j ,-) ~ ~ ' , "~. 7/ '-.,' t z S:: ...... --1 ~- .......0 :::i'J -<. 0" -< ---<. - _" J ?-..," , _,~ _ O~ _, ~ 0- _ 0 ~ ,_, '~'~_' -~~~ ~- " "-d", _', ,-"-", ",~.:,."_,;" ,'" p ",;, ,_<, '_''-'' ,~;,- ~"'_",:,,\o'~'~";_';' '^ '-,_'-" ':i ;b~_,; -." _>~, " ' , . ( -',> LAURIE and MAURICE NEWSON, hlw, Parent and Natural Guardians of BRISTON DAVIS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3911 CIVIL ACTION - LAW JURY TRIAL DEMANDED v. RONALD YATES, Defendant PRAECIPE FOR ENTRY OF APPEARANCE i . TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendant Ronald Yates i in the above matter. i DATE: 71l7/DO Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By:i C'mY7~.J Kevin C, McNamara, Esquire I.D.#72668 305 North Front Street P,O, Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant Ronald Yates " 1 -:-- CERTIFICATE OF SERVICE I, Kevin C, McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the 11 day of L (7 ,2000: Bruce L Sobel, Esquire The Abate Building Suite 308 300 Sunset Road Burlington, NJ 08016 THOMAS, THOMAS & HAFER, LLP By: ~(-(/V}Y)()o~~ Kevin C. McNamara, Esquire :101259.1 ',,-, , ;i~,',,' . ~~'ilif" ,.- '~~- ~ ;""~""~'riiIiI~ ,., ~ .MC_ ._~, _, ""'u'"''''''''' '",,,-'. ,'-~ " ,- '~ "' '."-," o S:~ <:;" ~rt: 2-_" 2'['- ~9< r::L ~~i 7 :~ -< - C._, (=~ "" -' ~ c---,) Co,) .' , \ .~~ :J.J -< .- - BLOCK & SOBEL, P.C. BY: BRUCE L. SOBEL, ESQUIRE Identification No, 68115 300 Sunset Road, Suite 308 Burlington, NJ 08016 (609) 239-1174 Attorney for Plaintiff LAURIE AND MAURICE NEWSON, h/w, Parent and natural guardians of BRlSTON DAVIS 1912 Fourth Street Bay City, MI 48708 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintifl; v, (XL '391/ TERM NO.: RONALD YATES 90 Fairview Street Carlisle, Pennsylvania 17013 Affidavit of Service on Defendant, Ronald Yates Defendant, AFFIDA VITT OF SERVICE on Defendant, Ronald Yates 1. I am an attorney at law, licensed to practice in the State of Pennsylvania, with offices at 300 Sunset Road, Suite 308, Burlington, New Jersey, 08016. 2, As such, I am entrusted with the care and handling of the above matter on behalf of the PIaintifIS, 3. On June 27, 2000, a time stamped copy of the above captioned complaint was mailed to Detendant's Counse~ Kevin McNamara of the Law firm Thomas, Thomas & Hafer, LLP at 305 North Front Street, Sixth Floor, PO Box 999,Harrisburg, P A 17108, -' ,.. _c" ", "~,, ~ '. ,," . -;,.-, <,-,';' .' ",.:,;, ""J;" , ".-:-:,r::~~-, >" ,,"",' ~-'-,. 3, Defendants Counsel, has agreed to accept service for his client. See Letter from Kevin McNamara, Esquire, attached hereto as Exhibit "A". 5. Plaintiff's Counse~ Bruce 1. Sobe~ Esquire, hereby files this true and correct copy of the affidavit of service on Defendant, Subaru of America. BLOCK & SOBEL, P,C, , '-7 -~ BY: BruceL.Sobel,Esquire Dated: July 20, 2000 ... J" "-' , _hh ~ ~ " JII 1\\OM!\.S, \ROM!\.S & H!\.FER, Ll...\> ATTORNEYS AT LAW JOSEPH P. HAFER JAMES K. THOMAS, H ROBERTSON B. TAYLOR JEFFREY B. REtTIG PETER J. CURRY R. BURKE McLEMORE, JR. EDWARD H, JORDAN, JR. C. KENT PRICE RANDALL G. GALE DAVID L. SCHWALM PETER J. SPEAKER DOUGLAS B. MARCELLO PAUll, DELLASEGA OF COUNSEL JAMES K. THOMAS 305 NORTH FRONT STREET SIXTH FLOOR P.O. BOX 999 HARRISBURG. PA 17108 (717) 237-7100 FAX (717) 237,7105 WRITER'S DIRECT DIAL NUMBER 717-237-7132 KCMautthlaw.com July 17, 2000 ROBERT A. TAYLOR SARAH W. AROSELL EUGENE N. McHUGH STEPHEN E. GBDULDIG KAREN S. COATES GARY T. LATHROP . TODD B. NARVOL JAMES J. 0000-0 KEVIN C. McNAMARA BROOKS R, FOLAND JOHN FLOUNLACKER JOHN M. POPtlOCK MICHELE J. THORP G. CHRISTOPHER PARRISH DRUMMOND B. TAYLOR Bruce l. Sobel, Esquire The Abate Building Suite 308 300 Sunset Road Burlington, NJ 08016 RE: NEWSON/DAVIS V, YATIES Dear Bruce: I received a copy of your Complaint and acknowledge service on behalf of Ronald Yates. In reviewing the Complaint, I noted several objectionable items and I. am Writing to request that you voluntarily withdraw certain aspects of the Complaint. $ubparagraphs11 (f), (h) and (i) are improper boilerplate allegations of negligence. Allegations of this nature are routinely stricken by Pennsylvania Courts of Common Pleas. The second item concerns Count II of the Complaint which asserts a claim for loss of filial consortium. Pennsylvania does not recognize this as a viable claim. See, McCaskill v. Philadelohia Housina Authoritv, 615 A.2d 382 (Pa. 1992); Jackson v. TastvKake. Inc., 648 A.2d 1214 (Pa.Super. 1994). I would appreciate your advising as to your willingness to withdraw these portions of the Complaint. If you will not voluntarily withdraw these allegations, we will file Preliminary Objections. Very truly yours, THOMAS, THOMAS & HAFER, LLP I~ C-mYl~~ By: ~ Kevin C. McNamara KCM/gmc:54838-,!. . . . . . .' . P.S. In follow up tp our discussion of July 3, I have enclosed a Stipulation withdrawing the above-noted allegations. . . LEHIGH VALLEY OFFICE: 12E. MARKET STREET. P.G. BOX 1172. BETHLEHEM. PA 18016 (610) 568-1675 FAX (610) 868-1702 _Iii'..:.""'......~'-" -~ ~""Ii .iIl___~~~"~~~~~ - ~ ~. __0 ~".,".~.~~ - --" '"~."'.,~ ~~ .~.... ~ ..~~=~~i<lirll",_- (- o r+'. ~'::-~ iBr~ 7Ei~> C0.~'-::- ----'-" c:: f~-~~ s:c~: :'.:-~C\ >-c-' Z =<! , "~,- ~= L i",,-) ~;i '''Y ,__..,F (~. .-/ ";', =< ~,- . 11 Ii 1.1 '.1 IJ Ij II II 1 :1 'I II .1 II i:i .- -0 ~.. .. illIT-- . i1\~';' .. BLOCK & SOBEL, P.C. BY: BRUCE L. SOBEL, ESQUIRE Identification No, 68115 300 Sunset Road, Suite 308 Burlington, NJ 08016 (609) 239-1174 Attorney for plaintiff LAURIE AND MAURICE NEWSON, h/w, Parent and natural guardians of BRlSTON DAVIS 1912 Fourth Street Bay City, MI 48708 COURT OF COMMON PLEAS CUMBERLAND COUNTY And LAURIE AND MAURICE NEWSON, h/w, : 1912 Fourth Street Bay City, MI 48708 Plaintift; v. TERM c NO.: 00- .3911 COl'l Iuvv, AMENDED COMPLAINT RONALD YATES 90 Fairview Street Carlisle, Pennsylvania 17013 Defendant. CML ACnON AMENDED COMPLAINT Premise Liability, Slip and FaU 1, Plaintiffs, Laurie and Maurice Newson, h/w, by themselves and as parents and natural guardians ofBriston Davis, are adult individuals who currently reside at 1912 Fourth Street, Bay City, MI, 17025. 2. Defendant, Ronald Yates (hereinafter referred to as "Yates"), upon information and belief is an adult individual who currently resides at 90 Fairview Street, Carlisle, Pennsylvania 17013, 3,On or about June 30, 199~, Defendant, Yates were the owners and/or " .~-~ __.c;, 0' "-, "", , parties in control ofthe premises located at 142 North Pitt Street, Carlisle, Pennsylvania, 4. At all times material hereto, Defendant, Yates acted and/or failed to act by and through its employees, agents, servants, and/or other representatives, who were acting within the course and scope of their employment, agency and/or other representation and on behalf of said Defendant, Yates, in furtherance of its business, missions, and affairs, 5, Defendant, Yates, at all times material hereto, was responsible for the maintenance and repair of the premises, sidewalk, doors/doorways, and/or abutting area of the premises, located at the aforementioned location. 6. Defendant, Yates, had a duty to all guest and invitees on the aforesaid premises, sidewalk, doors/doorways, and/or abutting area to keep the doors/doorways and/or abutting area in a safe condition and to inspect the premises, sidewalk, doorili'doorways, and/or abutting area and warn pedestrians thereon of any defective, dangerous and/or hazardous conditions. 7, On or about June 30, 1998, and for some time prior thereto, Plaintiff was visiting his grandmother Betty Davis who rents the premises at 142 North Pitt Street, Carlisle, Pennsylvania, when there existed a certain defective, dangerous and hazardous condition on said back doors/doorways artd/or abutting area of the premises located at the aforementioned site in that the door would not open, became stuck and/or jammed in such a manner that caused the door to become extremely difficult to open, 8, Defendant, Yates, knew or should have known of the existence of the defective, dangerous and hazardous condition but permitted the aforesaid condition to exist, 2 . "",,,- '", - '"^ ~--- ~' - . o,.~ 9, On or about June 30, 1998, Plaintiff minor, Briston Davis, date of birth April 3,1989, was attempting to exit the back door/doorway of 142 North Pitt Street, when solely as a result of the Defendants' negligence, carelessness, recklessness and wantonness, he did trip, slip, stumble and fall through a plate glass window ofthe door/doorway by reason of coming into contact with a defective, dangerous and hazardous condition of the back doors/doorways and/or abutting area. 10, Plaintiff avers the premises, doors/doorways, and/or abutting area of the doors/doorways constituted a defective, dangerous and/or hazardous condition, public nuisance and menace to invitee persons on said premises, sidewalk, doors/doorways, and/or abutting area. 11. The aforesaid accident was caused by the negligence, carelessness, recklessness and wantonness of the Defendant, Yates, and consisted of the following: (a), Failing to maintain the premises, doors/doorways and/or abutting area in a condition which would protect and safeguard persons on said premises, doors/doorways and/or abutting area; (b), Permitting the said premises, doors/doorways and/or abutting area to remain in a condition so as to constitute a menace, danger, nuisance, snare and trap to persons entering/exiting/walking on said premises, doors/doorways and/or abutting area; (c), Failing to have said premises, doors/doorways and/or abutting area inspected at reasonable intervals in order to detennine if it was in proper condition; (d). Failing to give notice or to warn persons walking on the said premises, doors/doorways and/or abutting area of the dangerous and perilous conditions of the doors/doorways and/or abutting area; 3 ~"~~~ ,,,', " ,. ~' " " _"H. -~ "i . (e). Disregarding the rights and safety of the Plaintiff on said premises, doors/doorways and/or abutting area; (f), Failing to correct said dangerous and/or hazardous condition the premises, doors/doorways and/or abutting area in a condition which would protect and safeguard persons walking on said premises, doors/doorways and/or abutting area, 15, By reason of the occurrence above described, Plaintiff, sustained injuries in and about his body and extremities, which injuries are or may be serious, severe and permanent. Plaintift; suffered serious personal injuries to his body, which are or may be permanent in nature, including, but not limited to his head, neck, shoulders, arms, back, torso, hands, legs, feet, hips as well as severe shock to his nerves and nervous system and various ills and injuries, and he was made to undergo great physical pain and mental anguish as a result of which he has suffered, yet suffers and will continue to suffer for an indefInite time in the future. 12, As a resuh of the negligence and carelessness of Defendant, Yates, herein as afuresaid, Plaintiff has been obliged to expend large and various sums of money for medicines and medical attention in and about endeavoring to treat and cure said injuries and will be required to expend large sums of money for the same purposes in the future. 13, By reason of the occurrence above described, Plaintiff was prevented from attending his usual and daily occupation and duties to his great financial damage and loss, 14, As a further result of the negligence, carelessness and/or recklessness, Plaintift; has been caused and may continue to be caused in the future, to be unable to do 4 <i",":l"":..III~ his usual duties, activities, occupation, advocation, all to his great financial loss and detriment. 15. As a result of the aforementioned injuries, Plaintiff, has undergone and in the future will undergo great physical and mental suffering, a great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 16, As a result of the aforesaid injuries, Plaintiff has been and in the future will be subject to great hwniliation and e~barrassment, and claim is made therefor. 17. Plaintiffs, Laurie and Maurice Newson, have been and may continue to be forced to expend money and incur obligatious in and about an effort to assist in the cure and care of their child's aforesaid injuries, including, but not limited to, medical expenses. WHEREFORE, Plaintiff demands judgment against Defendant, Yates, for rlamages in an amount in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs of suit and attorney's fees. BLOCK & SOBEL, P.C. DATED: 7/-7 j,t. BRUCE L. SOBEL, ESQUIRE Attorney for Plaintiff 5 , i~", "",,,,,.," ,-., ~~ ',,< ~'.' , '-.""., ,II ~ VERIFICATION I, Laurie Newsome, Plaintiff, verifY that the statements contained in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A section 4904 relating to unsworn falsification authorities. ~ I-J-'j~ DATE .(.if:::} /tn4 o-n Laune iVQ.wsorJ .....J._l ,., ~ -~- " v .... VERIFICATION I, Maurice Newsome, Plaintiff, verify that the statements contained in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein aremade subject to the penalties of 18 Pa.C.S.A section 4904 relating to unsworn falsification authorities. 1/3 /79 DATE ~"O f ~n",r.'I ~. Ma rice Newsome ../ 2 ~1IIiiIlIiliIII~""'"'"' """"~[i;~~~1l];Ii:fl!Ilil!!i!l;J!Ji",,g,Y~Ii1\\iIil~I.~~,,,--,,""llI1:,~"'"",,,;"i,,,.,-;~rt~~:;lf~ " ',- (-: 0.0 f.!=' "'-L c::: l..-:-J ..:.;: n~ "2~ o _~ >~ w __ (l~ ."-" - .,~,"""~,,,- ;..-' "'- ,- .~ "".- M^ ~ '~-"' .... "" w;, ~ "' ~ . , LAURIE and MAURICE NEWSON, hlw, Parent and Natural Guardians of BRISTON DAVIS, and LAURIE and MAURICE NEWSON, h1w, Plaintiffs v. RONALD YATES, Defendant . ^,," . " ,""'~ "~. ~-"""" -'",;-- ";'';'.-:.,-,,,,,,-,,,,;;,,,'' ,':".,;,;,,,#<~,.,,,, , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 00-3911 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs and Counsel: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. DATE: ~f61()'O Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: ic 'mY?~ Kevin C. McNamara, Esquire 1.0.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant Ronald Yates .. , .--" " -,"0"~"-,-'" ,'''>",~b':,~ '.', '~"''-''''',- '_ "_' ;'-':i LAURIE and MAURICE NEWSON, hlw, Parent and Natural Guardians of BRISTON DAVIS, and LAURIE and MAURICE NEWSON, hlw, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3911 CIVIL ACTION - LAW JURY TRIAL DEMANDED v. RONALD YATES, Defendant DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' AMENDED COMPLAINT AND NOW, comes Defendant Ronald Yates, by his attorneys, Thomas, Thomas & Hafer, LLP, and answers Plaintiffs' Amended Complaint as follows: 1. It is admitted that the Plaintiffs are who they say they are, 2. Admitted. 3. Denied. The premises in question was jointly owned by Ronald and Sandra Yates. Control of the premises was generally with Betty Davis, the tenant at 142 North Pitt Street. The respective rights and duties of the landlord and the tenant for the subject property are set forth in a written lease agreement. 4. Denied. To the contrary, Mr. Yates acted reasonably at all times with respect to the property in question. 5. Denied as stated. Mr. Yates and Ms. Davis each had responsibilities with regard to keeping the property maintained and in good repair. .-- ~. -...-- - .",_ " "'i._",," ",~"-',, ,~, 0."".;",,,',,, >"".,'t:"~~';&";J';';,-.0', """ ,: ",' ,",I 6. Denied. These allegations represent conclusions of law to which no response is required. 7. Admitted in part and denied in part. It is admitted that Briston Davis was visiting his grandmother at or around the time in question at the 142 North Pitt Street address. It is denied that the premises contained any defective, dangerous or hazardous condition of the nature set forth in this paragraph or that the Defendant had any notice of a door on the property that would tend to become stuck or jammed. 8. Denied. Mr. Yates had no such knowledge nor had he been given notice of the existence of the specific defective, dangerous or hazardous condition alleged in the Complaint. It is denied that Mr. Yates permitted any defective, dangerous or hazardous condition to persist on the property. 9. Denied. It is denied that the Defendant was negligent, careless, reckless or wanton in regard to the property or to Briston Davis. As to the specific details of the incident, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 10. Denied. It is denied that the premises were defective, dangerous, in a hazardous condition, a public nuisance or a menace, It is denied that the minor Plaintiff was an invitee as to the Defendant. 11 (a)-(f) Denied. It is denied that the Defendant was negligent in any of the ways alleged. 15. Admitted in part and denied in part, The Defendant has been notified that the Plaintiff sustained an injury on the subject property. As to the details of the injuries, their nature 2 <';";", J, ^"," _," ',-;;; ",-,~~<>,." ~,>~,,', /1'-..,;;,,',<._' ~".,(._~,""';<l-~ ;""1 and extent and future consequences of said injuries, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 12. Denied. It is denied that the Defendant was negligent or careless with regard to the alleged injuries and damages. As to the balance of the allegations, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded, 13. Denied. The Defendant understands that the minor Plaintiff was not employed at the time of this incident. As to any financial damages and/or losses related to the incident, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 14. Denied. It is denied that the Defendant was negligent, careless or reckless with regard to the occurrence of the incident. As to the balance of the allegations, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 15. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 16. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 3 "',' ,- " ~' '<-, "',;.',I'=e~' .,''''~"', '_ ','~ ""~>i,"""~,, :, "",,,,":.,,~ -" - _,,~~~"; lid;" ' ',,, ,-:, -~ "'",,>)q 17. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to fOI11) a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. WHEREFORE, Defendant respectfully requests that Plaintiffs' Complaint be dismissed without cost to him. NEW MATTER 18. Some of the Plaintiffs' medical bills have been paid by or on behalf of the Defendant and if the Plaintiffs should obtain any recovery in this case, said amount should be reduced by any payments which have been paid by or on behalf of the Defendant. 19. The Plaintiffs have failed to join an indispensible party to this action, namely, Sandra L. Yates, the co-owner of the property at 142 North Pitt Street. 20. The Plaintiffs' claims are or may be barred by the statute of limitations. 21. The Defendant's conduct was not a substantial factor in bringing about the Plaintiffs' alleged losses. 22. The Defendant had no knowledge or notice of the allegedly dangerous condition of the premises. 23. The damages and injuries set forth in Plaintiffs' Complaint are or may be chargeable to individuals other than the Defendant and over whom the Defendant has no control or right of control. 24. The minor Plaintiff, Briston Davis, was not an invitee with regard to the Defendant. 25. The Defendant is and was a landlord out-of-possession with regard to the property in question and is not liable to the Plaintiffs as a result. 4 ,"" --" , ",C--",,' ',J '1 , H~ , C --"';""" , , , .. ,'" '~-;;']-""""'~""' , _,-,j',;"ij .~ WHEREFORE, Defendant respectfully requests that Plaintiffs' Complaint be dismissed without cost to him. Respectfully submitted, DATE: '8J5fto THOMAS, THOMAS & HAFER, LLP By ;:{C7??~ Kevin C. McNamara, Esquire 1.0.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attomeys for Defendant Ronald Yates 5 , " .~, - "'" i-- " '__. _, I~~,- c'".' ~.,~ ,,- :'~7.;" ,.',;;,,,; ." .'-'" "," ~'>"~".",,, '-,0-'.-' ~~ -"....;,:;;.l.",'-"",,,.I\;;.'W" '."":;;':'l{ VERIFICATION I, RONALD YATES have read the foregoing ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.SA ~ 4904 relating to unsworn falsification to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties, tl-ut~ Ronald Yates DATE: ^'. ,. . _ _ ", v" Cv ,," ~." " .' '....,1' ,,~ " ,".'~ .,'" ,-'\';'A'~'- ',,,c,-":';, ,-~~" CERTIFICATE OF SERVICE I, Kevin C, McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the /5t of l4ou~ I ,2000: :103076.1 Bruce L. Sobel, Esquire The Abate Building Suite 308 300 Sunset Road Burlington, NJ 08016 THOMAS, THOMAS & HAFER, LLP By: dc'rn7"1~ Kevin C. McNamara, Esquire 6 ~!tMBIiI~~.. -"~Jj~ml"- -~lllIiliIIlli>l. , ,--~,',' "' ~~ -" ,'< o ~ -C1rD n!(-n Z:n ZC;;~ ~e;.. c:: tj ~~C) ~C) )>C ~ """~'.. c.::') t..:) o ." m< -T';; j';i f:'~ m :,~7 ()(l..) . ~>~~ -~; ~::~1 :;;' :D --< "'" c:: .:.-) 0.' ~~-, .~:;.: -- C., '0 , - , - ~- ^ , ,-~- ., ,~~ - ^ ","~_'" ,,", <, '~". '-._, ',' , ..' ~V" _, ~'~'''''''''~~'> JUN 0 1 2001 .(i\ THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys tor Defendant LAURIE and MAURICE NEWSON, hlw, Parent and Natural Guardians of BRISTON DAVIS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3911 CIVIL ACTION - LAW JURY TRIAL DEMANDED v, RONALD YATES, Defendant RULE TO SHOW CAUSE AND NOW, this day of , 2001 upon consideration of the Defendant's Motion to Compel, a Rule is hereby issued on the Plaintiffs to show cause why, if any, the depositions of Plaintiffs, Laurie and Maurice Newson, and Briston Davis, should not be taken on June 12, 2001, beginning at 10:00 a.m. at the offices of defense counsel. Rule returnable _ days from date of service. BY THE COURT: J. ," - - -' - ~ , '; " ;0, c' ',~" .I:~ " "-, ~~:""",,,". ~,".d"",~, j'>'U"k'" ~- :1 . THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, E$quire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant LAURIE and MAURICE NEWSON, h/w, Parent and Natural Guardians of BRISTON DAVIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3911 Plaintiffs v. CIVIL ACTION - LAW JURY TRIAL DEMANDED RONALD YATES, Defendant ORDER AND NOW, this ry [i, day of :\"LrJ)!- , 2001, upon consideration of the Defendant's Motion to Compel, it is hereby ORDERED that Laurie Newson, Maurice Newson, Briston Davis and Betty Davis shall appear for oral deposition on June 12, 2001, beginning at 10:00 a.m., at the offices of defense counsel. ~ BY THE COURT: C::1~\ ~ ,,~, . . . " iM" "~",",",, '" ",'~--~" '" '" ~;."" i ~ ." '_- , ,. -'" ,-"'-', ~ , '" V!N\iAlASNN3d ,lJNnOO (1i\J'\nH38!i11n8 ss :S kId L - Nnr \ 0 ^HW"""~"""" . '\',1'" i,"" 'l,1 ........ ~v. ~~\,I'" ,-. 3'" l.l~ 'OT" I .i~ t\l~ '; II' V,...J_, A -"~ ::iO ,~,. ", ~',,",,, '" 'C" , ,', > ^ ~_ c"-,,",',',,, ~~~_', . _',.,,,,- ""'- b'~'--j,"__;""'"" ,j"""",: ""-"~<"". .~ ."' .. THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant LAURIE and MAURICE NEWSON, hlw, Parent and Natural Guardians of BRISTON DAVIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3911 Plaintiffs CIVIL ACTION - LAW v. JURY TRIAL DEMANDED RONALD YATES, Defendant DEFENDANT'S MOTION TO COMPEL AND NOW, comes the Defendant, by his attorney, Thomas, Thomas & Hafer, LLP, and move this Court for an Order compelling the Plaintiffs' appearance at depositions based upon the following: 1. This case arises out of the injury to a minor that occurred on June 30, 1998. According to the Complaint, Briston Davis injured his arm when he put his hand through a pane of glass on property owned by Ronald Yates and leased to Briston Davis' grandmother. 2. For months, defense counsel has attempted to schedule the depositions of Briston Davis and his parents, who now reside in Michigan. Copies of correspondence from defense counsel to Plaintiffs' counsel are attached hereto and marked Exhibit "A." .,~~,'~ "-"",,_,,~.t"",_"~,~ ',__,:. .. 0"-' , ~'" __~ ~;,";, i." ;";,,.,,' .,;~,;.;"^;;,,,,..",,,.,,.,:; , .. 3. On or about March 27, 2001, the parties agreed that the depositions of Briston Davis, his parents and grandmother would be taken Monday, May 14, 2001, beginning at 10:00 a.m. A copy of the Deposition Notices are attached hereto and marked Exhibit "8." The deposition of Defendant Ronald Yates was scheduled the same day. 4. After all of the arrangements were made and the deposition appearances confirmed, Plaintiffs' counsel called on May 11, 2001, and canceled the depositions due to his clients' unavailability. At this time, Plaintiffs' counsel was advised that defense counsel would be pursuing a Motion to Compel the Plaintiffs' appearances for deposition and Plaintiffs' counsel indicated that he had no opposition to the Motion. 5. The parties have agreed to reschedule the five depositions for June 12, 2001, beginning at 10:00 a.m. An Order of this Court is sought to ensure the appearance of Mr. and Mrs. Newson, as well as Briston Davis and Betty Davis. WHEREFORE, the Defendant respectfully requests that the Court issue an Order compelling the appearance of Laurie and Maurice Newson, Briston Davis and Betty Davis for June 12, 2001, beginning at 10:00 a.m, Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By, LC'W1YJ~, Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P,O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant 2 , ~ ",'""i.:,-;-'-,'i-,,'Q- ,-- ____.,' ~>^'. --,~,--_;;..i,i';-_' '" ,'_ . . .. CERTIFICATE OF SERVICE I, Kevin C, McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on theJ3~y of fM~ ,2001: Bruce L. Sobel, Esquire The Abate Building Suite 308 300 Sunset Road Burlington, NJ 08016 THOMAS, THOMAS & HAFER, LLP ~ C'rnY1~ Kevin C. McNamara, Esquire By: :131732.1 3 [ "'" - (0 >- c::: ("j . :':'-'1 ',co (5 ... ~:~' liiIOlIl~ <(. --;~ r~ :::J ',.. . in ':2 "'-'8 ., ~ ~- " ~. . -,J '.-,,,,--' ~ - ." . ,', "^.",. ,".." - " . ~"""'=' ~ . " ,,"'.1- ";'-- , " '~m>_ ~ R.J. MARZEUA&ASSOCIATES, P,C. BY: Charles W. Marsar, Jr., Esquire Pennsylvania Supreme Court 1.0. No, 86072 3513 North Front Street Harrisburg, Pennsylvania 17110-1438 Attorneys for Plaintiffs, Telephone: (717) 234-7828 Laurie and Maurice Newsome Facsimile: 1717\ 234-6883 Parents of Oristan Davis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CMLACTION - lAW DOCKET NO. 00-3911 IAURIE NEWSOME and MAURICE NEWSOME, Husband Parents and Natural Guardians of BRISTON DAVIS, minor Plaintiffs v. RONALD YATES Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERlAND COUNTY: Please enter my appearance on behalf ofthe Plaintiffs, Briston Davis, a minor, Laurie Newsome and Maurice Newsome, in the above-captioned action. Respectfully requested, By: Dated: /2-2. - D"L -'!jj ~" ~I~, , , CERTIFICATE OF SERVICE I, Charles W. Marsar, Jr., Esquire, hereby certifY that a true and correct copy of the foregoing document was served upon all counsel of record this ~day of December, 2002, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, UP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 R.J. MARZELIA&ASSOCIATES, P.C. B'~ . C . Marsar Jr, .'--'",>~ -"'~~~~. ~"iIlIlUiIi""" ......... ,~"'~ ~"~",,, b" - v" C" "V" "I" 0 0 0 c:: 1'0 -n S Cl :.::~ "'Ot:JJ ,'f'I .--\=if} rnq.\ ("") :z: _0"' I "'am zr -n(J (i)L ;;:- ,,:,~) !-S .:..-::::+- ~L) -0 ~',J~.i .,L--n 2;0 :Jl: (J.c 7" ' ~Cl om >c .-1 Z C. ~ ::t f') b ',:'~',."~,. '-", ~ = . NOV .14.2002 '5: 04PM R. J. MARZELLA NO, 222 P.2/2 . , Block 8r. Sobel. P.C. BY: Broce L Soble., Esquire The Abate Building 300 Sunset Road. Suite 308 Burlinaton. IIlJ 08016 Telephone: (609)239-1174 Attomeys for Plalntlffil. laulie and Mauri!:e Newsome Parents of Bristnn pavls IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 00-3911 LAURIE NEWSOME and MAURICE NEWSOME. Husband Parents and Natural Guardians of DRISTON DAVIS, minor Plaintiffs v, RONALD YATES Defendants JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF CUMBiERLAND COUNTY: Please withdraw my appearance on behalf of the Plaintiffs, Briston Davis, a minor, Laurie Newsome and Maurice Newsome, in the above-captioned action. Respectfully requested. R.J. Marzella lkAssociates, P.C. Dated: Jl II L/ /vL , BY:~~ Bruce Sobel, Esquire Attorney Identification No. 68115 Received Time Nov.14, 4:04pM >~ "--W,ii';;;, . . ~ - . , ~ ~~ ',,~ L, , CERTIFICATE OF SERVICE !, Zachary D. Campbell, hereby certifY that a true and correct copy of the ~ foregoing document was served upon all counsel of record this ~ day of November, 2002, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 R.J. MARZELIA & ASSOCIATES, P.C. ~ By' . cha D. C mpbell . - , <,~" ~'" ~ ~" ' f_lIlil!it~Il""~- ldWIIi_"'"~:"" ~ c:> n N -orl SO' c:> : :~ --0 OJ rn f~~ 0)l'J\ C"1 ':g\5 ~..J" \ :zC WJ': ,t:" () (-~ _..(L, r:;O "-'0' ",'! !"' '< ") 11 ?iO :;$: {-90 .~t11 ._0 -" 9\ :pc .- ~ ,,,, ~ -- .- .