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KATHERlr~E WOOD, .
.
a minor, by .
.
BARBARA WOOD, parent .
.
and natural guardian, .
.
Plaintiffs, .
.
vs. .
.
.
.
CYNTHIA MAONUSKI, and .
.
DONALD MAONUSKI, .
.
individually and as .
.
husband and wife, .
.
Defendants. .
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-4328 Civil
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ORDER
AND NOW, this ~ day of J.l)JoWo"J-' 1999, upon motion of Steven
D. Stambaugh, Esquire, and in consideration of the attached Petition for Minor's
Settlement, it is hereby Ordered that a Hearing shall be held on the 5{/" day
of elvuY , 1999, at /1.30 11,11/., in Court Room No. .2., of the
Cumberland County Court House,
FRANKEL. BARE &:
ASSOCIATES
,'ATTORNEVS AT LAW
:',:",14WESTKING STREET
:'~O~K, PENNSYL.VANIA 17401
Judge
I
THERINE WOOD, .
.
minor, by .
.
ARBARA WOOD, parent .
.
nd natural guardian, .
.
Plaintiffs, .
.
vs. .
.
.
.
VNTHIA MACNUSKI, and .
.
DONALD MACNUSKI, .
.
Individually and as .
.
husband and wife, .
.
Defendants. .
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98.4328 Civil
CIVIL ACTION, LAW
JURY TRIAL DEMANDED
PETITION FOR MINOR'S SETTLEMENT
AND NOW, comes the Petitioner, Barbara Wood, ("Petitioner"). parent
and natufal guardian of Kathefine Wood, ("Minor"l, and files this Petition to
compromise action for approval of settlement and, in support thBreof, says
as follows::
1.
Petitioner, Barbara Wood, is an adult individual currently residing at
1055 Hunters Path, Lancaster, Lancaster County, Pennsylvania.
2.
Petitioner is the pafent and natural guardian of the Mlnof, born
October 22, 1993, and who lives at the above-noted address with Petitioner,
3.
Respondents are Cynthia Magnuskl and Donald Magnuskl, husband
and wife, adult individuals residing at 6359Stephons Crossing,
Mechanicsburg, Cumberland County, Pennsylvania.
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C, lhe parties desire to enter into this Settlerhent Agreemenlln order to
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provide for cerlllin payments in full settlement and dischlu-ge of all claims which are, .or
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might have been, the subject matter orthe Complaint, u~n the tenns and conditions set
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forth below. !
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Allreement
The partIes agree as follows:
1.0 RelellSe and Discharge
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J.I In consideration ofthc paymenis set forth injSection 2, the Plaintiffhcreby
rompletely releases and forever discharges the Defendahts and the Insurer from any ~d
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all past, present, or future claims, demands, obligations, !actions, causes of action,
wrongful death claims, rights, damages, costs, losses of ~ervices, expenses and
compensation of any nature whatsoever, whether based ~n a tort, contract o~ other theory
of recovery, which the Plaintiff now has, or which may hereafter accrue or otherwise be
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acquired, on account of, or may in any way grow out of) or which are the subject of me
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Complaint (and aU related pleadings) including, withou( limitation, any and.all knOW)1 or
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unknown claims for bodily and personal iI\iuries to the Plaintiff, or any futwe wrongful
death claim oflhe. Plaintiff's representatives or heirs, w6ich have rtl5ulted Of may result
from the alleged ads 01 omissions of the D~fendants, .
,
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1.2 This release and discharge shall also appiy to the'Defendants' and the
, .
Insurer's past, present and future officers, directors, stoJkbolders, attorneys, agents llJld
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servants, representatives, employees, subsidiaries. affili~tes, partners, prede.cessors and
successors in interest, and assigns and all other persons.! finns or corporatiOllB with Whom
any of the fo~rhave been, are now, or may hereafter be affiliated.
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AD.y payments 10 be made after theldeath of anYIPayee pursuant to the tcnnsof
this Settlement AgrelllJlcnt shall be madJJ t~ such P"rso,~ or entity liS shall be designated
in writing by Payee to the 108= orthc ~cr'S AsSi+CC, lino person or entity j~ so
designated by Payee, or if the person des~ted is not fving at the time of the Payee's
death, such payments shall be IIlIIde to the estate of the rayce. No such designation, nor
any revocation thereof, shall be effective unless it is in rnling and delivered to the .
Insurer or the Insurer's Assignee. The designation mu, be in a fonn acceptable to the
Insurer or the Insurer's Assignee before such paymentsiare lIlIIde, .
5.0
Consent to Qualified Assignment
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Plaintiff acknowledges and agrees that !\ie Insurer may make a "qualified
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assignment", within the meaning of Section 130(c) oftlle Internal Revenue Code of 1986,
as lllllended, oft1ie Defendants' and/or the.Insurer's li~iJity to make tbe Periodic
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Payments set forth in Section 2,2 to F&G -1\.ssignment lporporation ("the Assignee'l The
A~ignee' $ obligation for payment of the Reriodic Pa~ents shall be no greater than that
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of the Insurer (whether by judgment or agreement) imnlediately preceding thc assignment
oftbe Periodic P~yment.s obligalion, I '.
5.1
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5,2 Any such assignment, if made, shall be ~cepted by the Plaintiff witJiout
right of rejection and shall completely release and discHarge the Defendants and the
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Insurer from the Periodic Paym~ts Obligation assignedj to the Assignee. The Plaintiff
recognizes that, in the event of such an assignment, the !Assignee shall be the sole Obligor
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with respect to the Periodic Payments obligation, and tllat all other releases' with resjJect
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to the Periodic Payments obligation that pertain to the l!ability of the Defendants ani! the
Insurer shall thereupon become final, irrevocable and a~$Olutc.
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Right to Pul'thase an Annuity
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The insure. r, itself or through its ~igncc., rcserV\' es the right to fund the liability
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to make the PeJ;iodic Payments through thr purchase o~ annuity policy from Fidelity and
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Guaranty Life rnsurdllce Company. lhe iftsurcr or the r-ssignee shall be the sole owner
of the annuity policy and shall have all ri~s of owncr~hip, The Insurer or the Assignee
may have Fidelity and Guaranty Life Ins~ce ComPfty mail payments directly to the
Payee(s), The Plainllff'shall be responsiblp for maintaiping a current mailing address for
Payae(s) with Fidelity and GUlltanty Life ~.urance C~mpany_
7.0 Discharge of Obligation
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The obligation of the Insurer and/or the Assignlje to make each Periodic Payment
shall be discharged upon the certified and insured mailipg of a valid check in the amount
of S1:lCh payment to the designntcd address of the Payeej:s) named in Section 2 of this
Settlement Agreement.
8,0 Attorney's Fees
Each party hereto shall bear all attorney's fees ahd costs arising from the actions
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of its own counsel in connection with the G:omplaint, ~s Settlement Agreement and the
metiers and dOcuments referred to herein, the filing of ~ dismissal of the CompIaint, and
all related matters, i
9,0 DeJivery of Dismi$saJ wiill Prejudice
Concurrently with the execution of this ScttJ~nt Agreement, counsel for the
Plaintiff shall deliver to counsel for the Defendants or cbunsel for the Insurer an executed
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Dismissal with Prejudice oflhe Complaint: Plaintiffhel:eby authorizes rounsel forlbe
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Defendants and/or rounsel for the Insurer ~ file said ~smissal with the Court and,enter
it an matter of record.
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Representation of Compr~enslon of Document
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In entering into this Settlement Agreement, the plaintiffrepresenls that she has
relied upon the advice of her attorney, who is the ntto"*,y of her own choice, concerning
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the legal and income ~ con:l<Xjucnces ofims Settlemeht Agreement; that the terms of
litis Settlement Al!mlment have been completely read 4nd explained to the PJaintiffby
her attorney; and tbat the terms of this Scitlement A~ent are fully understood and
voluntarily accc;pted by the Plaintiff. '
I 1.0 WalTllllty of Capacity to Execute A&r~ment
Plaintiff represents and WiUTllllts that no other p~W)n or entity has, or has had, any
interest in the claims, demands, obligatio~ or causes ~f action referred to in this
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Settlement Agreement, except as otherwise set forth hej:ein; that Plaintiff has the sole
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right lIIld exclusive authority to execute this Settlement/Agreement and receive the sums
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speci:fied in it; and that Plaintiff has not sold, assigned, ittansfCl7ed. conveyed or
otherwise disposed of any of the claims, d~mands. obli$Btions Or causes of ~tion referred
to in this Settlem~nt Agreement.
12.0 GovcmingLaw
This Settlement Agreement shall bl: construed and interpreted in accordance with
,
the laws of the Commonwealth of Pennsylvania.
13.0 Additional DocuDlcnts
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All parties agree to cooperate fully, and execute iIIIly and all supplementary
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documents and.to take aU additional actio~ which ma~ be necessary or appropriate to
give full force and effect to the basic le~ and intent of this Settlement Agreement
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14.0 Entire AlVccment and sUfcessors In Irterest
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This Settlement Agreement col1tairys the entire ;jgreement between the Plaintiff,
,
the Defendants end the Insurer with regar9 to the matters set forth in it and shall be
binding upon and inure to the benefit ofthF executors, administrators, personal
representatives,. heirs, successors and assi~ns of each,
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.OOH ^~3a'T1I:1H~ J.[J~.:1 S0:ET
D.L
AT LAW
KING STREET
IN THE COURT OF COMMON PLEAS
OF CUMBERLAI'JD COUNTY, PENNSYLVANIA
KATHERINE WOOD, .
.
a minor, by .
.
BARBARA WOOD, parent .
.
and natural guardian, .
.
Plaintiffs, .
.
vs. .
.
.
.
CYNTHIAMACNUSKI, and .
.
DONALD MACNUSKI, .
.
individually and as .
.
husband and wife, .
.
Defendants. .
.
NO. 98-4328 Civil
CIVIL ACTION" LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Barbara A. Vottero, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing Petition For Minor's Settlement and Order
upon the counsel of record in the following manner.
BY REGULAR MAil:
Timothy J McMahon, Esquire
MARSHALL DENNEHEYWARNERCOLEMAN & GOGGIN
100 Pine Street, 4th Floor
PO Box 803
Harrisburg PA 17108-0803
FRANKEL, BARE & ASSOCIATES
Date: January 26, 1999
Steven D, Stambaugh, Esquire
I.D. # 64338
Attorney for Plaintiffs
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854-3836'
AT LAW
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA.
KATHERINE WOOD, .
.
a minor, by .
.
BARBARA WOOD, parent .
.
and natural guardian, .
.
Plaintiffs, .
.
.
.
Vs. .
.
.
.
CYNTHIA MACNUSKI, and .
.
DONALD MACNUSKI, .
.
Individually and as .
.
husband and wife, .
.
Defendants. .
.
NO. fJ.- 9-3J-! ~
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
NOTICE TO DEFEND AND CLAIM RIGHTS
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 notice
and pleading 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 pleading or for any other claim or relief requested by the
Plaintiff, You may lose money or property Of other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Court Administrator, Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone (717) 697-0371 Extension 6200
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ATl.AW
STREET
PENNSYLVANIA 17401
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KATHERINE WOOD, . NO.
.
a minor, by .
.
BARBARA WOOD, parent .
.
and natural guardian, .
.
Plaintiffs, .
.
.
.
Vs. . CIVIL ACTION. LAW
.
.
.
CYNTHIA MAGNUSKI, and .
.
DONALD MAGNUSKI, .
.
individually and as .
.
husband and wife, .
.
Defendants. . JURY TRIAL DEMANDED
.
AVISO
USTEO HA SIOO OEMANOADO EN LA CORTE. Si usted desea defenderse de
las quejas expuestas en las paginas siguientes, debe tomar ace ion dentro de veinte (20)
dias a partir de la fecha en que recibio la demanda y el aviso, Usted debe presentar
compareeencia escrita en persona 0 por abogado y pfesentar en la Corteporescrito
defensas 0 sus objeciones alas demandas en su contra,
Se Ie avisa que si, no se defiende, el caso puede procedersin usted
puede decidir en su contra sin mas aviso 0 notifieaeion por cualquier
en la demanda 0 por cualquier otra queja 0 compensacion reclamadosporel.
Demandante. USTED PUEOE PERDER DINERO, 0 PROPIEOAOES U OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANOA A UN ABOGAOO
TIENE 0 NO CONOCEUN ABOGADO, VAYA 0 LLAME A LA
,
DIRECCION ESCRITA ABAJO PARA AVERIGUAR CONDE
ASISTENCIA LEGAL,
Court Administrator, FOUfth Floor
Cu m berla ndCounty Courthouse
Caflisle, Pennsylvania 17013
Telephone (717) 697-0371 Extension 6200,
8ARE8:
IN THE COURT OF COMMOI'J PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KATHERINE WOOD, .
.
a minor, by .
.
BARBARA WOOD, parent .
.
and natural guardian, .
.
PlaintiffS, .
.
.
.
vs. .
.
.
.
CYNTHIA MACNUSKI, and .
.
DONALD MAGNUSKI, .
.
Individually and as .
.
husband and wife, .
.
Defendants. .
.
NO. CJp- '/3",)J ~ 7'.:L,-
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, .this d.L/'~day of July, 1998/ come the Plaintiffs, Katherine
Wood, a minor, by and through Barbara Wood, her parent and natural guardian,
and Barbara Wood in her own right, by and through their attorneys, Frankel,
Bare & Associates, Steven D. Stambaugh, Esquire, and file their Complaint as
follows:
1.
The Plaintiff, Barbara Wood, (hereinafter called "Plaintiff") is an adult
individual, citizen of the Commonwealth of Pennsylvania, currently residing at
1055 Hunters Path, Lancaster, Lancastef County, PA 17601.
17401
2,
. The Minor Plaintiff, Katherine Wood, (hereinafter called "Minor Plaintiff")
is currently four (4) years old, having been born on October 22, 1993, currently
residing with her parent and natural guardian.
a) Failing to have said canine under pfoper control so as to prevent
the same from viciously attacking pBoplB;
b) Failing to restrain said caninB with due regard for the conditions
which were then and there existing and of which Defendants were
or should have been aware;
c) Failing to take evasive action in order to stop said canine from
viciously attacking Minor Plaintiff; and
d) Failing to warn Minor Plaintiff of any danger of such injury.
13,
Said accident resulted solely from the carelessness, recklessness and
negligence of the Defendants, and was in no way the result of any act or failure
to act on the part of the Minor Plaintiff.
14.
As a direct and proximate cause of the Defendants' negligence,
carelessness and recklessness, Minor Plaintiff has suffered, is suffering, and in
the future will continue to suffer permanent, serious and severe mental and
bodily injuries which include, but are not limited to the following:
a) Physical pain and suffering resulting from a puncture wound to the
right cheek requiring stitches and resulting in a scar; ...
b)
c)
BARES:
d)
AT LAW
e)
PENNSYLVANIA 17401
f)
g)
h)
Mental anguish;
Discomfort;
Inconvenience;
Distress;
Loss of life's pleasures;
Embarrassment and humiliation;
An impairment of health and sense of well being; and .
17401
i) Disfigurement.
15.
As a direct and proximate result of the Defendants' negligence,
carelessness and recklessness, Minor Plaintiff has suffered, is suffering and in
the future will continue to suffer financial injures which include the following:
a) Past, present and future medical expenses; and
b) Incidental costs resulting from dealing with said injuries.
16,
The said damages, as described herein, are in excess of $30,000,00 and
outside. the scope and authority of mandatory arbitration and a jury trial is
hereby demanded.
WHEREFORE, Plaintiffs, respectfully request this Honorable Court to
enter Judgment against the Defendants, jointly and severally, and in favor of
the Plaintiff and Minor Plaintiff in an amount in excess of $30,000.00, plus
costs and interest as allowed by law.
COUNT II
BARBARA WOOD. IN HER OWN RIGHT. PARENT AND
NATURAL GUARDIAN OF KATHERINE WOOD.
VS. CYNTHIA AND DONALD MAGNUSKI
17,
Plaintiffs incorporate herein by reference the
paragraphs one (1) through sixteen (16) as though the same were
at length herein,
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CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee of the law firm of
Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify
that on this (3th day of August, 1998 served a copy of the
foregoing document via First Class United States mail, postage
prepaid as follows:
Steven D. Stambaugh, Esquire
Frankel, Bare & Associates
14 West King Street
York, PA 17401
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~vQJ!A;{, ;l(. /) J: fir I'lNI/J
SUSAN M. WILLIAMS
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KATHERINE WOOD, a minor, by
BARBARA WOOD, parent and
natural guardian,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-4328 Civil
v.
CIVIL ACTION - LAW
CYNTHIA MAGNUSKI and DONALD
MAGNUSKI, Individually and as
husband and wife,
Defendants
JURY TRIAL DEMANDED
DEFENDANTS' ANSWER WITH NEW
MATTER TO PLAINTIFFS' COMPLAINT
1. Denied. After reasonable investigation and
inquiry, Defendants lack information sufficient to form a belief
as to the truth of the allegations set forth in this paragraph
and accordingly, the same are denied and proof thereof is
demanded at trial if relevant.
2. Denied. After reasonable investigation and
inquiry, Defendants lack information sufficient to form a belief
as to the truth of the allegations set forth in this paragraph
and accordingly, the same are denied and proof thereof is
demanded at trial if relevant.
3. Admitted.
4. Admitted.
5. Admitted in part; denied in part. It is admitted
only that the minor Plaintiff was bitten by Defendants' canine as
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pleading is required and accordingly, the same are denied and
proof thereof is demanded at trial. By way of further answer,
all allegations of negligence, carelessness and/or recklessness
as alleged in this paragraph together with its subparts (a)
through (d) are specifically denied. To the contrary, at all
times relevant to the material allegations set forth in
Plaintiffs' Complaint, Defendants acted with reasonable care
under the circumstances.
13. Denied. The allegations of this paragraph
constitute conclusions of law to which no further responsive
pleading is required and accordingly, the same are denied and
proof thereof is demanded at trial if relevant.
14. Denied. The allegations of this paragraph
constitute conclusions of law to which no further responsive
pleading is required and accordingly, the same are denied and
proof thereof is demanded at trial. By way of further answer,
all allegations of negligence, carelessness and/or recklessness
as alleged in this paragraph together with its subparts (a)
through (i) are specifically denied. To the contrary, at all
times relevant to the material allegations set forth in
Plaintiffs' 'Complaint, Defendants acted with reasonable care
under the circumstances. Further, to the extent that the
allegations set forth in this paragraph are purely factual, then
-3-
the same are denied by Defendants whom, after reasonable
investigation and inquiry, lack information sufficient to form a
belief as to the truth of all such factual averments and
accordingly, the same are denied and proof thereof is demanded at
trial if relevant.
15. Denied. The allegations of this paragraph
constitute conclusions of law to which no further responsive
pleading is required and accordingly, the same are denied and
proof thereof is demanded at trial if relevant. By way of
further answer, to the extent that the averments in this
paragraph constitute purely factual matters, then the same are
denied by Defendants whom, after reasonable investigation and
inquiry, lack information sufficient to form a belief as to the
truth thereof.
16. Denied. The allegations of this paragraph
constitute conclusions of law to which no further responsive
pleading is required and accordingly, the same are denied and
proof thereof is demanded at trial if relevant.
WHEREFORE, Defendants, Cynthia and Donald Magnuski,
demand judgment in their favor and against Plaintiff together
with such other relief as this Court shall deem appropriate.
-4-
COUNT II
BARBARA WOOD. IN HER OWN RIGHT. PARENT AND
NATURAL GUARDIAN OF KATHERINE WOOD
V. CYNTHIA AND DONALD MAGNUSKI
17. Defendants incorporate by reference their
responses to paragraphs 1 through 16 above as if set forth at
length herein.
18. Denied. The allegations of this paragraph
constitute conclusions of law to which no further responsive
pleading is required and accordingly, the same are denied and
proof thereof is demanded at trial,
19. Denied. The allegations of this paragraph
constitute conclusions of law to which no further responsive
pleading is required and accordingly, the same are denied and
proof thereof is demanded at trial. By way of further answer,
all allegations of negligence, carelessness and/or recklessness
on the part of Defendants as alleged in this paragraph, together
with its subparts (a) through (c) are specifically denied. To
the contrary, at all times relevant to the material allegations
alleged by Plaintiffs in their Complaint, Defendants acted with
reasonable care under the circumstances.
20. Denied. The allegations of this paragraph
constitutes conclusions of law to which no further responsive
pleading is required and accordingly, the same are denied and
proof thereof is demanded at trial,
-5-
21. Denied. The allegations of this paragraph
constitutes conclusions of law to which no further responsive
pleading is required and accordingly, the same are denied and
proof thereof is demanded at trial.
22. Denied. The allegations of this paragraph
constitutes conclusions of law to which no further responsive
pleading is required and accordingly, the same are denied and
proof thereof is demanded at trial.
WHEREFORE, Defendants, Cynthia and Donald Magnuski,
demand judgment in their favor and against Plaintiff together
with such other relief as this Court shall deem appropriate.
NEW MATTER DIRECTED TO PLAINTIFFS
23, The claims of Plaintiff, Barbara Wood, in her own
right, may be barred by the applicable statute of limitations,
24. Plaintiffs' Complaint fails to state a cause of
action against Defendants upon which relief can be granted.
25. Plaintiffs' claims and/or injuries, all such
injuries being expressly denied, may be barred by the doctrine of
contributory negligence.
26. Plaintiffs' claims may be limited by Plaintiffs'
failure to mitigate their damages.
27, No act or omission on the paz.t of Defendants was a
substantial factor in bringing about Plaintiffs' injuries and/or
damages, all such injuries and/or damages being expressly denied.
-6 -.
. Or' '..'
CERTIFICATE OF SERVICE
I, Melissa M, Kain, an employee of Marshall, Dennehey,
'7,1::"1
Warner, Coleman & Goggin, do hereby certify that on this C?'
day of August, 1998 served a copy of the foregoing document via
First Class United States mail, postage prepaid as follows:
Steven D. Stambaugh, Esquire
Frankel, Bare & Associates
14 West King Street
York, PA 17401
ATTORNEYS FOR PLAINTIFFS
(jl~'l ~
7', it.t!l1 . I
MEL SSA M. KAIN
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KATHERINE WeOD, .
.
a minor, by .
.
BARBARA WOOD, parent .
.
and natural guardian, .
.
Plaintiffs, .
.
vs. .
.
.
.
CYNTHIA MAGNUSKI, and .
.
DONALD MAGNUSKI, .
.
individually and as .
.
husband and wife, .
.
Defendants. .
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98.4328 Civil
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Barbara A. Vottero, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing Plaintiffs' Interrogatories and Reqeust for
Production of Documents upon the counsel of record in the following manner.
BY REGULAR MAIL:
Timothy J McMahon, Esquire
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
100 Pine Street, 4th Floor
PO Box 803
Harrisburg PA 17108-0803
FRANKEL, BARE & ASSOCIATES
Date: September 1, 1998
~ tJ.MJ--(j u 0, ~J j ./
Barbara A. Vottero, legal assistant to:
Steven D, Stambaugh, Esquire
I.D, # 64338
Attorney for Plaintiffs
14 West King Street
PO Box 1 389
York, PA 17405-1389
(717) 854-3836
..',. ..T~..__.._...._
,.:' ,FRANKEL. BARE 8:
ASSOCIATES
"'. ATTORNEYS AT LAW
:::'14 WEST KING STREET
'YORK. PENNSYLVANIA 17401
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-4328 Civil
KATHERINE WOOD, .
.
a minor, by .
.
BARBARA WOOD, parent .
.
and natural guardian, .
.
Plaintiffs, .
.
Vs. .
.
.
.
CYNTHIA MACNUSKI, and .
"
DONALD MACNUSKI, .
.
Individually and as .
.
husband and wife, .
.
Defendants. .
.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS
23. Denied, The allegations set forth in Paragraph twenty-three (23)
constitute a conclusion of law to which no response is required and are,
therefore, denied.
24. Denied. The allegations set forth in Paragraphtwenty:four (24)
constitute a conclusion of law to which no response is required and are,
therefore, denied,
25. Denied. The allegations set forth in Paragraph twenty-five (25)
constitute a conclusion of law to which no response is required and are, .
therefore, denied.
,FRANKEL. BARE Be
ASSOCIATES
"
ATTORNEVS AT LAW
14 WEST KING STREET
YORK. PENNSYLVANIA 17401
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-4328 Civil
KATHERINE WOOD, .
.
a minor, by .
.
BARBARA WOOD, parent .
.
and natural guardian, .
.
Plaintiffs, .
.
VS. .
.
.
.
CYNTHIA MACNUSKI, and .
.
DONALD MACNUSKI, .
.
individually and as .
.
husband and wife, .
.
Defendants. .
.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Barbara A. Vottero, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby ceftify that I am this day
serving a copy of the foregoing Plaintiffs' Reply To New Matter Of
Defendants upon the counsel of record in the following manner.
BY REGULAR MAil:
Timothy J McMahon, Esquire
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
100 Pine Street, 4th Floor
PO Box 803
Harrisburg P A 17108-0803
FRANKEL, BARE & ASSOCIATES
Date: September ~, 1998
r;).. .. .
.J;:5 r::u 1M I 0 Q ~ (fbu..J lP
Barbara A. Vottefo, legal assistant to:
Steven D. Stambaugh, Esquire
1.0. # 64338 .
Attorney for Plaintiffs
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854-3836
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KATHERINE WOOD, .
.
a minor, by .
.
BARBARA WOOD, parent .
.
and natural guardian, .
.
Plaintiffs, .
.
vs. .
.
.
.
CYNTHIA MACNUSKI, and .
.
DONALD MACNUSKI, .
.
Individually and as .
.
husband and wife, .
.
Defendants. .
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-4328 Civil
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Barbara A. Vottero, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing Plaintiffs' Response To Interrogatories and
Reqeust for Production of Documents of Defendant upon the counsel of
record in the following manner,
BY REGULAR MAIL:
Timothy J McMahon, Esquire
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
100 Pine Street, 4th Floor
PO Box 803
Harrisburg PA 17108-0803
FRANKEL, BARE & ASSOCIATES
Date: October 28, 1998
<CBndi-<:L0-U l~, I~
Barbara A. Vottero, legal assistant to:
Steven D. Stambaugh,Esquire
I.D, # 64338
Attorney for Plaintiffs
14 West King Street
PO Box 1 389
York, PA 17405-1389
(717) 854-3836
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KATHERINE WOOD,
a minor, by
BARBARA WOOD, parent
and natural guardian,
Plaintiffs,
NO. 98-4328 Civil
.
.
vs.
.
.
CIVIL ACTION - LAW
.
.
CYNTHIA MACNUSKI, and
DONALD MACNUSKI,
Individually and as
husband and wife,
Defendants.
.
.
.
.
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Barbara A. Vottero, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing Order ( Approval and Distribution of Minor's
Settlement) upon the counsel 9f record in the following manner.
BY REGULAR MAil:
Timothy J McMahon, Esquire
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
100 Pine Street, 4th Floor
, ,PO Box 803
Harrisburg PA 17108-0803
FRANKEL, ~ARE' & ASSOCIATES
FRANKEl- BARE 6
ASSOCIATES
ATTORNEYS AT LAW
.. WEST KING STREET
ql( PENNSYLVANIA 17401
Date: January 26, 1999
~~{l ~h ,.J
Barbara A, Vottero, legal assistant to:
Steven D. Stambaugh, .Esquire
I.D. # 64338
Attorney for Plaintiffs
14 West King Stfeet
PO Box 1 389
York, PA 17405-1389
(717) 854-3836
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KATHERINE WOOD,
a minor, by
BARBARA WOOD, parent
and natural guardian,
Plaintiffs,
NO. 98.4328 Civil
.
.
.
.
vs.
CIVIL ACTION. LAW
CYNTHIA MACNUSKI, and
DONALD MACNUSKI,
individually and as
husband and wife,
Defendants.
.
.
JURY TRIAL DEMANDED
ORDER
AND NOW, this _ day of
, 1999, upon the Petition for
Minor's Settlement of Frankel, Bare & Associates, and Steven D.
Stambaugh, Esquire, and after hearing of the same, it is hereby Ordered as
follows:
FRANKEL. BARE lit
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
YORI(. PENNSYl,.VANIA 17401
1. The Minor structured settlement with the Insurance Company
and the Defendants is hereby approved in the amount of
$30,000.00.
2.
Attorneys' fees to the law firm of Frankel, Bare & Associates,
are approved in the amount of $7,500.00 and reimbursement of
costs in the amount of $166.60 are also approved.
FRANKEL, BARE lie
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
JRK. PENNSYLVANIA 17401
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98.4328 Civil
KATHERINE WOOD, .
.
a minor, by .
.
BARBARA WOOD, parent .
.
and natural guardian, .
.
Plaintiffs,
V5. .
.
.
.
CYNTHIA MACNUSKI, and .
.
DONALD MACNUSKI, .
.
Individually and as .
.
husband and wife, .
.
Defendants. .
.
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Barbara A. Vottero, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing Order (Approval and Distribution of Minor's
Settlement) upon the counsel c;>f record in the following manner.
BY REGULAR MAIL:
Timothy J McMahon, Esquire
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
100 Pine Street, 4th Floor
.' PO Box 803
Harrisburg PA 17108-0803
Date: January 26, 1999
FRANKEL, BARE & ASSOCIATES
~1LU{lllk6b,,.J .
Barbara A. Vottero, legal assistant to:
Steven D. Stambaugh, Esquire
I.D. # 64338
Attorney for Plaintiffs
14 West King Street
PO Box 1 389
York, PA 17405-1389
(717) 854-3836
3. The remaining funds will be distributed yearly in four equal
payments of $8,000.00 each beginning at the age of 18,
October 22, 2011, with a final distribution of $24,690.00 at
the age of 25, October 22, 2018. Insurance Company and
Defendants will provide Plaintiffs' counsel with the appropriate
implementation documents.
Judge
4. The case is hereby settled and satisfied and the docket shall be
so marked.
BY THE COURT:
FRANKEL. BARE Be
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
VORK, PENNSYLVANIA 17401
:""
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,-.(1.
~IW~
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KATHERINE WOOD, .
.
a minor, by .
.
BARBARA WOOD, parent .
.
and natural guardian, .
.
Plaintiffs, .
.
vs. .
.
.
.
CYNTHIA MACNUSKI, and .
.
DONALD MACNUSKI, .
.
individually and as .
.
husband and wife, .
.
Defendants. .
.
NO. 98'4328 Civil
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Barbara A. Vottero, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a copy of the foregoing Order ( Approval and Distribution of Minor's
Settlement) upon the counsel of record in the following manner.
BY REGULAR MAIL:
Timothy J McMahon, Esquire
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
100 Pine Street, 4th Floor
.' PO Box 803
Harrisburg PA 17108-0803
FRANKEL, BARE & ASSOCIATES
FRANKEL. BARE Be-
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET Date: January 26, 1999
,IRK. PENNSYt.vANIA 17401
~~b-ILU; {l2/ly jJ, ,.J
Barbara A. Vottero, legal assistant to:
Steven D. Stambaugh, Esquire
I.D. # 64338
Attorney for Plaintiffs
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854-3836
FRANKEL. BARE &
ASSOCIATES
ATTORNEYS AT LAW
. 14 WEST KING STREET
;'YORK..PENNSYLVANIA 17401
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98.4328 Civil
KATHERINE WOOD, .
.
a minor, by .
.
BARBARA WOOD, parent .
.
and natural guardian, .
.
Plaintiffs, .
.
Vs. .
.
.
.
CYNTHIA MACNUSKI, and .
.
DONALD MACNUSKI, .
.
individually and as .
.
husband and wife, .
.
Defendants. .
.
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
ORDER
AND NOW. this S' day Of\.4yn\ \ , 1999, upon the Petition for
Minor's Settlement of Frankel, Bare & Associates, and Steven D.
Stambaugh, Esquire, and after hearing of the same, it
follows:
1. The Minor structured settlement with the
and the Defendants is hereby approved in
$30,000.00.
2.
Attorneys' fees to the law firm of Frankel,
are approved in the amount of $7,500.00
costs in the amount of $166.60 are also
KATHERINE WOOD, .
.
a minor, by .
.
BARBARA WOOD, parent .
.
and natural guardian, .
.
Plaintiffs, .
.
vs. .
.
.
.
CYNTHIA MACNUSKI, and .
.
DONALD MACNUSKI, .
.
Individually and as .
.
husband and wife, .
.
Defendants. .
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PEi\iNSYLVAr~IA
NO. 98-4328 civil
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Barbara A. Vottero, of the law firm of FRANKEL, BARE &
ASSOCIATES, attorneys for Plaintiffs, do hereby certify that I am this day
serving a coPy of the foregoing Order ( Approval and Distribution of Minor's
Settlement) upon the counsel of record in the following manner.
BY REGULAR MAIL:
Timothy J McMahon, Esquire
MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN
100 Pine Street, 4th Floor
PO Box 803
Harrisburg PA 17108-0803
FRANKEL, BARE & ASSOCIATES
FRANKEl... BARE Be
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET Date: January 26, 1999
YORK. PENNSYLVANIA 17401
~~[J.A 1l a vlld-..p, ,.J
Barbara A. Vottero, legal assistant to:
Steven D. Stambaugh, Esquire
I.D. # 64338
Attorney for Plaintiffs
14 West King Street
PO Box 1389
York, PA 17405-1389
(717) 854-3836
KATHERINE WOOD, .
.
a minor, by .
.
BARBARA WOOD, parent .
.
and natural guardian, .
.
Plaintiffs, .
.
VS. .
.
.
.
CYNTHIA MACNUSKI, and .
.
DONALD MACNUSKI, .
.
Individually and as .
.
husband and wife, .
.
Defendants. .
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98.4328 Civil
CIViL ACTION. LAW
JURY TRIAL DEMANDED
PRAECIPE TO SA T1SFY
TO THE PROTHONOTARY
Please mark the above captioned case settled and satisfied and discontinued..
FRANKEL. BARE & ASSOCIATES
Date: r /Iftr
! .
, Esquire
',-, . -' ,
. 'F'RANKEL",BAREBc
ASSOCIATES
'A!'TORNEYS krLAW
>~1-4 Y/ESTKING STREET
'Y~RK. -PE~'NSYLVANIA 17401
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