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Home My WebLink About00-06205 '~AA$ ~ , I I I , IN THE COURT OF COMMON fLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN, a Minor Child, And Individually in His Own Right, CIVIL ACTION - LAW Plaintiffs v. CHAD M GINNIS, TAMMY SNYDER, and WILLIAM SNYDER, Defendants NO. 00-6205 CIVIL TERM IN RE: APPROVAL OF SETTLEMENT ORDER OF COURT AND NOW, this 15th day of November, 2002, upon consideration of Plaintiffs' Petition To Discontinue and End, requesting approval of a settlement in this case on behalf of a minor child, Cory Lee Henneghan, and following a hearing at which the natural mother and guardian of Cory Lee Hepneghan, patricia Henneghan, appeared, and at which the minor' child, Cory Lee Henneghan, appeared with counsel, Don Bailey, Esquire, the petition is approved, and settlement of this case for $15,000.00 is authorized. The Plaintiff is directed to execute the necessary releases upon receipt of the proceeds by h~r counsel. Expenses for attorney's fees and costs up to $5,000.00 are authorized out of the settlement proceeds, and the balance of said proceeds shall be deposited in one or more savings accounts in the name of the minor in banks, building and loan associations, savings and loan associations or credit unions, deposits in which are insured by a federal governmental agency, provided that the amount deposited in anyone such savings institution shall not exceed the amount to which accounts are thus insured or in one or more accounts in the name of the minor investing only in securities guaranteed by the . . - ~~JiW"_i'!it1!la.u~~&~~"~k'hloif'""",',"!illi:;"Y~j",M~.,,,>iJ;~ .~ .' 'JjIjn---" iT') '" .-..l...... - ,-~ Jtll.!.: nn1J f j-' i j , I I':': I. ') 7 '" ,. <1, \"UJ\~EF';\i:;II'i( ,~COU;\jTY ",.)/ j/\,!yyl. [ . ,-" . " United States government or a federal governmental agency managed by responsible financial institutions. No withdrawal can be made from any such account until the minor attains majority, except as authorized by prior Order of Court. Proof of the deposit shall be promptly filed of record. Plaintiff's counsel is directed to work with Plaintiff to effect compliance with the terms of this order, which are entered pursuant to Pennsylvania Rule of Civil Procedure 2039(b) (2). The Court has indicated that the Plaintiff may petition pro se for withdrawals from the account to the extent that she deems them necessary. By the Court, tl/w J ~Don Bailey, Esquire 4311 North 6th Street Harrisburg, PA 17110 For the Plaintiffs )> ;lAndreW Lehman, Esquire 2411 North Front Street Harrisburg, PA 17110 For the Defendants ~~ RX3 - //-/9-0-8 :mae 'r, ,~ 1 '. . . ,j ~,- .>, ", ~"~" ___" V. PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY lEE HENNEGHAN, a Minor Child: and Individually, in her own right, PLAINTIFFS IN THE COURT OF COMMO", PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 00-6205 CIVil ACTION -AT lAW CHAD M. McGINNIS,TAMMY SNYDER and WilLIAM SNYDER, DEFENDANTS JURY TRIAL DEMANDED MEMORANDUM OF lAW ON MINOR'S CONTRIBUTORY NEGLIGENCE AND NOW, this 4th day of September, 2002, Andrew C. Lehman, Esquire, counsel for Defendants, sets forth the following memorandum of law. I. Back!:lround. This civil action arises out of an accident that occurred on July 7, 1999 at approximately 8:32 p.m. on West Penn Street, Carlisle Borough, Cumberland County, Pennsylvania. At that time and place, Defendant, Chad McGinnis (hereinafter "McGinnis"), was traveling eastbound on West Penn Street, while operating a 1988 Chevrolet Beretta. At the same time, Plaintiff Cory Henneghan (hereinafter "Henneghan"), a minor, date of birth being July 19, 1991, was a pedestrian attempting to cross West Penn Street in a Northerly direction. Furthermore, Henneghan was attempting to cross the street between two cars parallel parked along the south sound of West Penn Street. , "!)ll!j .,,-,-:...-- " " As McGinnis passed Henneghan, Henneghan, who was now in the street, moved into the driver's side mirror of the McGinnis vehicle. As a result of the impact, Henneghan suffered a fractured left humerus, a cut to his lip requiring stitches, a loss of one of his baby teeth. as well as minor cuts and bruises. At the pre-trial conference before the Honorable Judge Oler. discussions arose as to whether or not a charge on contributory negligence was appropriate given the minor plaintiff's age. The following Memorandum of Law discusses the negligence of minors as applied to this case. II. Question Presented. Can the Plaintiff in this case, who was seven (7) years of age at the time of the accident, be contributorily negligent? (Suggested answer in the affirmative). III. Discussion. The legal standard for negligence of a minor is well established within this Commonwealth. The application of this standard is clarified by several presumptions delineating convenient points to aid in drawing the uncertain line between capacity to appreciate and guard against danger and incapacity: (1) minors under the age of seven years are conclusively presumed incapable of negligence; (2) minors between the ages of seven and fourteen years are presumed incapable of negligence, but the presumption is a rebuttable one that weakens as the fourteenth year is approached; (3) minors over the age of fourteen years are presumptively capable of negligence, with the burden placed on the minor to prove incapacity. - 2 - '%li'!\l_., ",'."_" ~ .- Dunn v. Teti, 421 A.2d 782, 784 (Pa.Super. 1980). The same is true under a theory of contributory negligence as opposed to actionable negligence. In Dunn v. Teti, the Superior Court held that the same standard applies to contributory negligence as it does actionable negligence. Thi:l Court further concluded that "[t]he conclusive presumption that a child is incapable of contributory negligence until he reaches the age of seven years developed out of the need for a practical and simple rule to achieve expediency in the determination of capacity. This need is equally apparent in cases of actionable negligence." Dunn v. T~ti, 421 A.2d at 785. Moreover, when articulating the test under the above stated presumptions, it has been noted that the "reasonable care" required of a minor is measuredl by a different yardstick. Reasonable care of a minor is "that measure of care which qther minors of like age, experience, capacity and development would ordinarily exercis$ under similar circumstances". Cureton ex rei. Cannon v. Philadelphia School District, 789 A.2d 279, 286 (Pa. Comwlth. 2002). Thus, in the case at hand, because the minor plaintiff was seven (7), almost (8), years of age, defendants should be entitled to a charge on contributory negligence that incorporates the standard of negligence for minors and the approprilate rebuttable presumption. - 3 - Jil!1IIiIilI _" ~, IV. Conclusion. Under the prevailing and well settled standards articulated herein above, defendants are entitled to a jury charge on contributory negligence that incorporates the rebuttable presumption that a minor between seven and fourteen years of age are presumed incapable of negligence. Respectfully submitted, NEALON & GOVER, P.C. By Andrew C. Lehman, Esquire I.D. #81937 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: 9/Y~ z.. - 4 - -,~ >, .' - .- ~ CERTIFICATE OF SERVICE AND NOW, this Y~ay of September, 2002, I hereby certify that I have served the foregoing Memorandum of Law on Minor's Contributory Negligence on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Andrew J. Ostrowski, Esquire 4311 North Sixth Street Harrisburg, PA 17110 "~~"^ .^~-, - "-~" - , . -<; -~. ~ -. . -. ,"'" PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN, a Minor Child: and Individually, in her own right, PLAINTIFFS I I , IN THE COURT OF COMMO~ PLEAS CUMBERLAND COUNTY, PI:NNA. v. NO. 00-6205 CIVIL ACTION -AT LAW CHAD M. McGINNIS, TAMMY SNYDER and WILLIAM SNYDER, DEFENDANTS JURY TRIAL DEMANDED MEMORANDUM OF LAW ON MINOR'S CONTRIBUTORY NEGLIGENCE AND NOW, this 4th day of September, 2002, Andrew C. Lehman, Esquire, counsel for Defendants, sets forth the following memorandum of law. I. Backaround. This civil action arises out of an accident that occurred on July 7, 1999 at approximately 8:32 p.m. on West Penn Street, Carlisle Borough, Cumberland County, Pennsylvania. At that time and place, Defendant, Chad McGinnis (hereinafter "McGinnis"), was traveling eastbound on West Penn Street, while operating a 1988 Chevrolet Beretta. At the same time, Plaintiff Cory Henneghan (hereinafter "Henneghan"), a minor, date of birth being July 19, 1991, was a pedestrian attempting to cross West Penn Street in a Northerly direction. Furthermore, Henneghan was attempting to cross the street between two cars parallel parked along the south sound of West Penn Street. r,,,r~ ,,~~~ , .., ..,... -~ '^ _~ ''''~'''''~e As McGinnis passed Henneghan, Henneghan, who was now in the ~treet, moved into the driver's side mirror of the McGinnis vehicle. As a result or the impact, Henneghan suffered a fractured left humerus, a cut to his lip requiring stitqhes, a loss of one of his baby teeth, as well as minor cuts and bruises. At the pre-trial conference before the Honorable Judge Oler, disc~ssions arose as to whether or not a charge on contributory negligence was appropri~te given the minor plaintiff's age. The following Memorandum of Law discusses the hegligence of minors as applied to this case. II. Question Presented. Can the Plaintiff in this case, who was seven (7) years of age at tthe time of the accident, be contributorily negligent? (Suggested answer in the affirmative). III. Discussion. The legal standard for negligence of a minor is well established within this Commonwealth. The application of this standard is clarified by several presumptions delineating convenient points to aid in drawing the uncertain line between capacity to appreciate and guard against danger and incapaci~: (1) minors under the age of seven years are conclusively prepumed incapable of negligence; (2) minors between the ages of sev~n and fourteen years are presumed incapable of negligence, bwt the presumption is a rebuttable one that weakens as the fourteenth ~ear is approached; (3) .minors over the age of fourteen years are presurrjptively capable of negligence, With the burden placed on the minor to, prove incapacity. - 2 - '!!1'lIIl "'" ".,_, - ".,- -- ~" Dunn v. Teti, 421 A.2d 782, 784 (Pa.Super. 1980). The same is true under a theory of contributory negligence as opposed to actionable negligence. In Dunn v. Teti, the Superior Court held that the same standard applies to contributory negligence as it does actionable negligence. The Court further concluded that "[t]he conclusive presumption that a child is incapable of contributory negligence until he reaches the age of seven years developed out of lhe need for a practical and simple rule to achieve expediency in the determination of capacity. This need is equally apparent in cases of actionable negligence." Dunn v. Teti, 421 A:2d at 785. Moreover, when articulating the test under the above stated presumptions, it has been noted that the "reasonable care" required of a minor is measured by a different yardstick. Reasonable care of a minor is "that measure of care which other minors of like age, experience, capacity and development would ordinarily exercise under similar circumstances". Cureton ex rei. Cannon v. Philadelphia School District, 789 A.2d 279, 286 (Pa. Comwlth. 2002). Thus, in the case at hand, because the minor plaintiff was seven (7), almost (8), years of age, defendants should be entitled to a charge on contributory negligence that incorporates the standard of negligence for minors and the appropriate rebuttable presumption. .3- .,.'~,- '_'_"7"~"' . . . - . IV. Conclusion. Under the prevailing and well settled standards articulated herein above, defendants are entitled to a jury charge on contributory negligence that incorporates the rebuttable presumption that a minor between seven and fourteen years of age are presumed incapable of negligence. Respectfully submitted, NEALON & GOVER, P.C. By Andrew C. Lehman, Esquite I.D. #81937 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: 9/Y~~ - 4 - ";!<!ljl! , ,c_ ~--, ,."-. '. CERTIFICATE OF SERVICE AND NOW, this Y~ay of September, 2002, I hereby certify that I have served the foregoing Memorandum of Law on Minor's Contributory Negligence on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Andrew J. Ostrowski, Esquire 4311 North Sixth Street Harrisburg, PA 17110 -<("iIlf1",,_,_, "1 ~~~._~. ~,=,~"."..,-" PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN, a Minor Child: and Individually, in her own right, PLAINTIFFS IN THE COURT OF COMM<!>N PLEAS CUMBERLAND COUNTY, *ENNA. v. NO. 00-6205 CIVIL ACTION - AT LAW CHAD M. McGINNIS, TAMMY SNYDER and WILLIAM SNYDER, DEFENDANTS JURY TRIAL DEMANDED MEMORANDUM OF LAW ON MINOR'S CONTRIBUTORY NEGLIGENCE AND NOW. this 4th day of September, 2002, Andrew C. Le~man, Esquire, counsel for Defendants, sets forth the following memorandum of law. I. ?ackground. This civil action arises out of an accident that occurred on ~uly 7, 1999 at approximately 8:32 p.m. on West Penn Street, Carlisle Borough, Cum~erland County, Pennsylvania. At that time and place, Defendant, Chad McGin~is (hereinafter , "McGinnis"), was traveling eastbound on West Penn Street, while operating a 1988 Chevrolet Beretta. At the same time, Plaintiff Cory Henneghq\n (hereinafter "Henneghan"). a minor, date of birth being July 19, 1991, was a pedes~rian attempting to cross West Penn Street in a Northerly direction. Furthermore, Henneghan was attempting to cross the street between two cars parallel parked along tfue south sound of West Penn Street. ,,~^ - >.'- ",'" ~,'~' -lW;-.,'t, . -~, .-<"'~-'- .', "'''' -.,. ._-~< '" -.,~', "".,'- -., ," '.-"^',,<-, - '--.~.. " ,,-~.,. i ..J'd ---, As McGinnis passed Henneghan, Henneghan, who was now in the street, moved into the driver's side mirror of the McGinnis vehicle. As a result of the impact, Henneghan suffered a fractured left humerus, a cut to his lip requiring stitches, a loss of one of his baby teeth, as well as minor cuts and bruises. At the pre-trial conference before the Honorable Judge Oler, discussions arose as to whether or not a charge on contributory negligence was appropriate given the minor plaintiff's age. The following Memorandum of Law discusses the negligence of minors as applied to this case. II. Question Presented. Can the Plaintiff in this case, who was seven (7) years of age at the time of the accident, be contributorily negligent? (Suggested answer in the affirmative). III. Discussion. The legal standard for negligence of a minor is well established within this Commonwealth. The application of this standard is clarified by several presumptions delineating convenient points to aid in drawing the uncertain line between capacity to appreciate and guard against danger and incapacity: (1) minors under the age of seven years are conclusively p~esumed incapable of negligence; (2) minors between the ages of seven and fourteen years are presumed incapable of negligence, but the presumption is a rebuttable one that weakens as the fourteenth year is approached; (3) minors over the age of fourteen years are presumptively capable of negligence, with the burden placed on the minor to prove incapacity. - 2 - -'~J,_>, , > '''''-~~'''''''''i~"~'''' '~--'-- ,~--' < ~__, ,'. ,. __ ,<~-;), f. ~ __ " __~", , ".,'i," _"'-" ',,'--., .-, "'"'"~-- ,~ I ,..~... ~. -- , -~.- .~" , Dunn v. Teti, 421 A.2d 782, 784 (Pa.Super. 1980). The same is true under a theory of contributory negligence as opposed to actionable negligence. In Dunn v. Teti, the Superior Court held that the same standard applies to contributory negligence as it does actionable negligence. The Court further concluded that "[t]he conclusive presumption that a child is incapable of contributory negligence until he reaches the age of seven years developed out of the need for a practical and simple rule to achieve expediency in the determination of capacity. This need is equally apparent in cases of actionable negligence." Dunn v. Teti, 421 A.2d at 785. Moreover, when articulating the test under the above stated presumptions, it has been noted that the "reasonable care" required of a minor is measured by a different yardstick. Reasonable care of a minor is "that measure of care which other minors of like age, experience, capacity and development would ordinarily exercise under similar circumstances". Cureton ex rei. Cannon v. Philadelphia School District, 789 A.2d 279, 286 (Pa. Comwlth. 2002). Thus, in the case at hand, because the minor plaintiff was seven (7), almost (8), years of age, defendants should be entitled to a charge on contributory negligence that incorporates the standard of negligence for minors and the appropriate rebuttable presumption. - 3 - I" '-~,- _ ,_,'"'"~-..,"""_;,~,, ';,'-'2,"'",'~""',<"f_.' ,'"',c._ , ~ ~' ''-,'y_' ,~ ",0.":" ~ "" "'i"., ::""',_" ,_ ~_, , -., ~ ~ ~ 0 , _0 ,H,_", _ ,_~ ,," o e.,.. _~ ' ..-~ IV. Conclusion. Under the prevailing and well settled standards articulated herein above, defendants are entitled to a jury charge on contributory negligence that incorporates the rebuttable presumption that a minor between seven and fourteen years of age are presumed incapable of negligence. Respectfully submitted, NEALON & GOVER, P.C. By Andrew C. Lehman, Esql.iire 1.0.#81937 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: 9/Y~2- - 4 . r',"L~ .- ,- -:' -",;,,,,., ",~! ~_: ':O"_"~_'~;"'~: ,;,'-',--"',n."'> "'.""_'Y' -,. -,',~ .",nO, P'" -, .- '.",,,,", -, ~__ c , ,~, "_ .-. ",,~"_.'" -, " CERTIFICATE OF SERVICE AND NOW, this Y~ay of September, 2002, I hereby certify that I have served the foregoing Memorandum of Law on Minor's Contributory Negligence on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Andrew J. Ostrowski, Esquire 4311 North Sixth Street Harrisburg, PA 17110 ,'-- .",,""[--':" ~~"-~1,-~-~ ,''('z-'',,:~C"' "< _.7__' ...-.'.-., ' "'__"''''''''~',.,'_-_ ""-'Th"',~ "." "',~ ., ~ _~ , 0",", I I ,--' ~ PATRICIA HENNEGHAM, : IN THE COURT OF COMMON PLEAS Natural Mother and Guardian of : CUMBERlDAND COUNTY, PENNSYLVANIA CORY lEE HENNEGHAN, a Minor Child: and Individually, in her own right, PLAINTIFFS v. NO. 00-6205 CIVil ACTION - AT LAW CHAD M. McGINNIS, TAMMY SNYDER and WilLIAM SNYDER, DEFENDANTS : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendants, Chad M. McGinnis, Tammy Snyder and William Snyder, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER Date: 09/28/00 Byj{,:d- g) ~ Matthew R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 "" ,,',,-~~"... -"",,~,.,-,~-,. - ~-' -,,-' ,> "'-'.~-" ~. - .- .--':--'- . -"_"'<"'f'ff_ .,-:-,,.,..'''-;----,,. ~ , . CERTIFICATE OF SERVICE AND NOW, this 28th day of September, 2000, I hereby certify that I have served the foregoing Praecipe on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Don Bailey, Esquire 4311 North 6th Street Harrisburg, PA 17110 AM~~ Matthew R. Gover, Esquire r"TW" ~" >~, "" ,'~':""'""":"'''''''~~'"" :: ,~,. .-'"<':". ';"'"':":"';" ,',' " ., '."~ '.- > ;"~~- ".o.C'._ i-' "" .'~ ",.," _ -,,'" '''.'. '^'. _ ',,___~,"'.,-.o,..,c.^ >,.. '.,-. ,<' ",,__' " ~,' ~".,"'f'!I!~ ~ _ . Don Bailey Attorney at Law 4311 North 6th Street Harrisburg PA 17110 (717) 221-9500 Attorney for Plaintiff PATRICIA HENNEGHAN, Natural Mother And Guardian of CORY LEE HENNEGHAN, A minor Child, and individually, in her Own right, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Plaintiff -vs- NO. 00-6205 CHAD M. MCGINNIS, TAMMY SNYDER and WILLIAM SNYDER, Defendants : JURY TRIAL DMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, by and through her attorney, Don Bailey, and files the following in support of this Reply: 14. Plaintiff incorporates her Complaint, filed previously, by reference. 15. The matters set forth in Paragraph 15 of New Matter constitute conclusions of law and no factual response is required. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in her favor as prayed for in her Complaint. Respectfully submitted, ".~ < . >'r~W1'l:!" ~ CERTIFICATE OF SERVICE I certify that I served a true and correct copy of the within Reply upon the Defendants by mailing same to their attorney of record, by first class mail, postage pre-paid, all this 25th day of October, 2000, as follows: MATTHEW R. GOVER, ESQUIRE 301 MARKET STREET, 9TH FLOOR PO BOX 865 HARRISBURG PA 17108-0865 c?4Jd ~d- "- Steven W. AIm for Don Bailey \, - - --I - ". - - ,,~ - , <~ , '~-- " I I I I , I I I I I I , --' _",.lII!~ 0, ~, ~. ~'" ",. ., g :s: -ofp rt'.1rr~, Z:J: ZC;:, cn"~ =<.' t;2 C) ~O ~O :P"c:. ~ -<;. Cl Cl g ..... f..#) - .,. "Tim .. " -f- ~ :::Ie ~ "-< ~~:D \-r~~ -:fi9 r,,:?c}, ~~l:~ 'Of1\ --I "):>: ~: - - {:"" 0' ,~, ,,...,.. ~J1~_'T-:'",,'-"";",n""CIl'7"'"!il;-,;:'l~YW'-"~;f~j~~~)@~'Il1-1!fMi~ii-.~\~~!ffi!ll~~~ , '" PATRICIA HENNEGHAN and CORY LEE HENNEGHAN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CHADM.McGINNIS, TAMMY: " SNYDER and WILLIAM SNYDER, Defendants NO. 00-6205 CIVIL TERM IN RE: PLAINTIFFS' MOTION FOR DISCOVERY CONFERENCE BEFORE OLER. J. ORDER OF COURT AND NOW, this 29th day of May, 2001, upon consideration of Defendants' Motion for Discovery Conference filed on May 23, 2001, a conference call among the undersigned judge, attorney for Plaintiffs and attorney for Defendants is scheduled for Wednesday, May 30, 2001, at 1:15 p.m., to address Defendants' allegations that Plaintiffs' Deposition Notice dated April 11, 2001, does not conform to Rule 4017.1 of the Pennsylvania Rules of Civil Procedure. Defendants allege that Plaintiffs did not reply to a letter sent on April 13, 2001, in which Defendants requested clarification on these matters. BY THE COURT, y c) q ?:: ;:~~ '~-:;f:: ::J '- :-.S9 U~~ rE "5 -,::.') () C",J z.~~'= ('<'] :>- ," .....- ~- f!Y'!JRl '--. ",- - ~ '-. . . Don Bailey, Esq. 4311 North Sixth Street Harrisburg, P A 17110 Attorney for Plaintiffs Matthew R. Gover, Esq. Brian N. Zulli, Esq. Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendants :rc ,,"' ,"'~ ,,- "'~'" ,. ," ,'en "'"'. - PATRICIA HENNEGHAN and CORY LEE HENNEGHAN, Plaintiffs IN THE COURT OF COMMON PliEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. CIVIL ACTION - LAW CHAD M. McGINNIS, TAMMY : SNYDER and WILLIAM SNYDER, Defendants NO. 00-6205 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of May, 2001, upon consideration of Defendants' Motion for Discovery Conference, and following a telephone conferenqe on this date in which Plaintiffs were represented by Don Bailey, Esq., and Defendants Were represented by Matthew Gover, Esq., the motion is deemed moot pursuant to l/n agreement of counsel. BY THE COURT, Don Bailey, Esq. 4311 North Sixth Street Harrisburg, P A 1711 0 Attorney for Plaintiffs 11 . {Wesley 01er, " V Matthew R. Gover, Esq. Brian N. Zulli, Esq. Nealon & Gover 2411 North Front Street Harrisburg, P A 17110 Attorney for Defendants J. ~ o c:' ~ ~ -o~ rn )~-, z. L'::: u' -< r~ :;:" ~~: ~ --'- :, -' ~ , , ";'1 --, c:.' f'.) ::::.:.-\ c -< (- :rc ".r ~'_ ~,,~" 'O~, '0 . r PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN, a Minor Child: and Individually, in her own right, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 00-6205 CIVIL ACTION - AT LAW CHAD M. McGINNIS, TAMMY SNYDER and WILLIAM SNYDER, DEFENDANTS : JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2001, a discovery conference is scheduled for in Courtroom All discovery is hereby stayed pending the conclusion of the conference. J. '-;~-''';N',- ,- ,_, """',c,,. ,_:~,,,,,,..-- -- ." ,- -- ~'___''P, ",~",~,",;:,-_" ., ."= '-,,"_,t'-,''',-- , , -, .~ ',' .'" _--_">,~,,~, _~,.,. _-___,.~"', _',_" " __ .~" PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN, a Minor Child: and Individually, in her own right, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 00-6205 CIVIL ACTION - AT LAW CHAD M. McGINNIS, TAMMY SNYDER and WILLIAM SNYDER, DEFENDANTS JURY TRIAL DEMANDED MOTION FOR DISCOVERY CONFERENCE AND NOW, come Defendants, Chad McGinnis, William Snyder, and Tammy Snyder, by and through their attorneys, Nealon & Gover, P.C., and file the following Motion for Discovery Conference, and in support thereof avers the following: 1. Depositions are scheduled to take place at Nealon & Gover on May 31, 2001, at 1 :30 p.m. 2. The participants will be deposed on May 31, 2001, are Chad McGinnis, Patricia Henneghan, and Cory Henneghan. 3. The Plaintiffs' attorney, Don Bailey, indicated in the Deposition Notice that such depositions would be taken via videotape. 4. There was no indication in the Deposition notice whether these depositions would be taken before a person who is authorized to administer oaths by the laws of United States or the Commonwealth of Pennsylvania pursuant to Pa.R.C.P. 4017. 5. There was no indication in the Deposition Notice who would transcribe the testimony. " f "~~C"~'_"'" ,~:''C~,'jf-~_"",,",__-,,,, ,.,<_ ._,,,,,",,o,"'~~'^"_" ..'-- ",,,",,,,,,:,"'-'-- " ,~ .or"" ,- ",~ -'._."T_<, . -,< . ~~ ." -- ~ " "" 6. It is believed, and therefore averred, that Attorney Don Bailey, on previous occasions, has used his office staff to transcribe depositions. 7. This procedure is not consistent with Pa.R.C.P 4017. 8. Any deposition taken that is recorded by videotape may be used in Court only if accompanied by a transcript of the deposition pursuant to Pa.R.C.P. 4017.1. 9. Any Notice for the taking of a videotape deposition shall state that the deposition is to be videotaped, the name and address of the person whose deposition is being taking, the name and address of the officer before who is to be taken, whether the deposition is to be simultaneously recorded by stenographic means, and the name and address of the video operator and of his or her employer. Pursuant to Pa.R.C.P. 4017.1. 10. The Deposition Notice of Chad McGinnis does not provide the name and address of the officer before who it is to be taken. 11. The Deposition Notice of Chad McGinnis does not state whether the deposition is to be simultaneously recorded by stenographic means. 12. The Deposition Notice of Chad McGinnis does not provide the name and address of the videotape operator and of his or her employer. 13. Please find attached a true and correct copy of Deposition Notice marked as Exhibit "A". 14. Matthew Gover, attorney the Defendant, attempted to contact Mr. Bailey to resolve these above-mentioned issues through correspondence dated April 13, 2001. , i I I I ! i I , i I I i :'~~ ~ "_""?::""""T_C."o'cf"'q\"!'~.':T_~_,. 15. Please find attached a true and correct copy of correspondence sent to Mr. Bailey on April 13, 2001 marked as Exhibit "B". 2 ~v,< ~~'_'T'__'~",~"___,__-"",O',,," '<,.-. "','~-' _"-f ,-w_~_"~ ~,_..,-"_",~. "__"_" ,~, ' " "-,""'-'r,' -- --'~ -~--- ~ , ~,-. "- .- 16. There has been no response fram Mr. Bailey in regard to this matter. WHEREFORE, the Defendants respectfully request this Honorable Court to schedule a Discovery Conference to resolve these issues. Respectfully submitted, NEALON & GOVER BY-1!t~~ 1.0.#: 47593 Brian N. Zulli, Esquire 1.0.#: 85948 2411 F rant Street Harrisburg, PA 17110 (717) 232-9900 Date: s:- L1--o \ 3 L'___"". "'",".' ,~t-"".~;.,._,~,-"~,"--_"'f--'f',"''''',,,'',? ,-, -~.' q'~-_ ",- ~'.,-""__T"' p._~"_;_",,_,,,__ -'",C""., - , '- , ~',," -- l , "'"0_ ", .._ ""--, , _' "" __. _ ~ NEALON If< GOVER, OC. ATTORNEYS AT LAW 2411 NOlIT11FRONT STREET HAiuusBURG, PA 17110 TELEPHONE (717) 232-9900 FACSIMILE (717) 236-9119 MATIHEW R. GOVER mgover@nealon-gover.com April 13, 2001 Don Bailey, Esquire 4311 North 6th Street Harrisburg, PA 17110 RE: Henneghan, et al. v. McGinnis and Snyder Cumberland County 00-6205 Dear Mr. Bailey: I want to thank you again for allowing us to reschedule the depositions. I. am somewhat perplexed by a videotape discovery deposition. whether you would be willing to answer a couple questions. wonder First, who will swear in the witnesses? Secondly, who will do the actual transcription of the video for the deposition written record? Thirdly, do you have any intent to depose Tammy and William Snyder? I would appreciate your response as to these issues at your earliest convenience. Very truly yours, NEALON & GOVER, P.C. ~~~,~ Matthew R. Gover MRG:sls -,>< ,,,-, ^"'" ~ . ~y r----n I COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN, a Minor Child, and Individually, in her own right, Plaintiff : -vs- No. 00-6205 CHAD M. MCGINNIS, TAMMY SNYDER and WILLIAM SNYDER Defendants JURY TRIAL DEMANDED DEPosmON NOTICE TO: Chad M. McGinnis, and his attorney, Matthew Gover, Esq. 2411 North Front Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that the Video Tape deposition(s) of Chad M. McGinnis and that the undersigned attorney will take all depositions, initiated by any and all participates in this matter including the Court, by video and, or, audio means, upon oral examination for the purpose of discovery or use as evidence in the above action or for both purposes, or before some other officer authorized to take depositions at 2411 North Front Street, Harrisburg, Pennsylvania, on Thursday, May 31, 2001, at 1:30 p.m. on all matters, not privileged, which are relevant and material to the issues and the subject matter involved in the pending action, and that you are required to appear at the aforesaid time and place and submit to such examination before such officer. ""'~, ~"-~ -, ~< ~", '" " ,-- ~, Respectfully Submitted, ( " Don Bailey, PAID 4311 N. 6lh Street Harrisburg, P A 17110 (717) 221-9500 cc: P.R. Video i:';~~ 7. CERTIFICATE OF SERVICE I hereby certify that on this 11th DAY OF APRIL 2001, a true and corrOOl copy of the foregoing NOTICE OF VIDEO DEPOSmONS was served upon the following counsel of record by United States Mail, postage prepaid: . - MATTHEW GOVER, ESQ, 2411 North front Street Harrisburg, Pa 17110 BY: Don Bailey ID# 23786 4311 N. 6th Street Harrisburg, P A 17110 (717) 221-9500 :.~~ -- , '!'_, ,,"~ -'1 ,~,' ~ -. CERTIFICATE OF SERVICE AND NOW, this ~2;rcL of May, 2001, I hereby certify that I ~ave served the foregoing Motion for Discovery Conference on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Don Bailey, Esquire 4311 North 6th Street Harrisburg, PA 17110 If~~ Matthew R. Gover, Esquire ,fi}'i);,=,~,_., "__ "'-'"",~~,___o-=_"","<'''-~'c__''_'._'_~'',,, '-',--"'~l';?,,-,")"''''''-\'''~~.-O,_, -'=~";",-' 'c..,- '.:-'''._ ~,-" -, _-Y"" ,~ "n, ,.-,..,1, _~ _,>, ~ . ~ SHERIFF'S RETURN - REGULAR ... CASE NO: 2000-06205 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HENNEGHAN PATRICIA ET AL VS MCGINNIS CHAD M ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCGINNIS CHAD M the DEFENDANT at 0017:41 HOURS, on the 13th day of September, 2000 at 3755 SPRING ROAD CARLISLE, PA 17013 by handing to WILLIAM SNYDER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: DocJ~eting Service Affidavit Surcharge 18.00 3.72 .00 10.00 .00 31. 72 So A~s: ~~~~~ R. Thomas Kline 09/14/2000 DON BAILEY Sworn and Subscribed to before me this /9 ~ day of tJ:::4 2=0 AD. hrd;,u ~. Prothonotary F By: fJ ~~,~ .- Deputy ~ ,,;'!tl11!~,!OI ,." SHERIFF'S RETURN - REGULAR ~ CASE NO: 2000-06205 P , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HENNEGHAN PATRICIA ET AL VS MCGINNIS CHAD M ET AL DAVIP MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SNYDER TAMMY the DEFENDANT , at 0017:41 HOURS, on the 13th day of September, 2000 at 3755 SPRING ROAD CARLISLE, PA 17013 by handing to WILLIAM SNYDER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So AnsViers: ?"~~-t:~~ R. Thomas Kline 09/14/2000 DON BAILEY Sworn and Subscribed to before ;,c. me this / if - day of ~ c2v-vV A.D. Q~L -a "!Jv.t1"1 ~ r thonotary By: b~~~-> eputy heriff ~ '-''"'''WJI1.,~~ " ., . " "" SHERIFF'S RETURN - REGULAR ... , CASE NO: 2000-06205 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HENNEGHAN PATRICIA ET AL VS MCGINNIS CHAD M ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SNYDER WILLIAM the DEFENDANT , at 0017:41 HOURS, on the 13th day of September, 2000 at 3755 SPRING ROAD CARLISLE, PA 17013 by handing to WILLIAM SNYDER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~V~~ R. Thomas Kline 09/14/2000 DON BAILEY Sworn and Subscribed to before me this /9 -e day of .1d-Y;-~ dlovv A.D. . OJ'~ {J 7u-,~;,~ ~ I Prothonotary By: ff ~~~. Deputy S er~ ;"~ , . - PRAECIPE FOR LISTING CASE FOR TRIAL 0 C:l c: p...:! <- -'1 um n1f"~ jT; Z:{: co 65~'- '.0 -/"-:' r.::c--::-' "V ~;::-- ~8 '-.", (....) :?-.: :J1 -j -~ c, (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Piease list the foilowing case: (Check One) (X) for JURY trial at the next term of civil court. ( for trial without a jury. (CAPTION OF CASE, entire caption must be state in full) (check one) (X) Civil Action - Law () Appeal from Arbitration ( ) (other) Patricia Henneghan, Natural Mother and Guardian of Cory Lee Henneghan, a Minor Child and Individually, in her own right The trial list will be called; on April 2, 2002 Plaintiff(s) Trials commence on April 29, 2002 vs. Chad M. McGilillis, Tammy Snyder, and Wiiliam Snyder Defendant(s) Pretrials will be held on April 10, 2002 (Briefs are due 5 days pretrial.) (The party listing this caSe for trial shall provide forthwith a copy of the Pr.aecjpe to all counset, pursuant to Local Rule 214.1.) . No. 00-6205 Civil 2000 Indicate the attorney who will try case for the party who files this Praecipe: Andrew C. Lehman, Esquire, 2411 North Front Street, Harrisburg, PA 17110 Indicate trial counsel for other parties if known: This case is ready for trial. Ih Don Bailey, 4311 North 6 Street, Harrisburg, P A 17110 Sig"~ ~ Date: -2 -11'-0<-" Print Name: Andrew C. Lehman, Esquire Attorney For: Defendants '. """_'~_'__"~",_,',~o,,<:.,\,. .,",'C"". _""'" '-,-' ,,, ,- ~_:"',_c ,~_~, ",~ oc,_." ._" _ ".' . " " -~" , ,,~ ,~-"- " ~ -~ T T I PRAECIPE FOR LISTING CASE FOR TRIAL . (Must be typewritten and snbmitted iu duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: (Check One) ( X ) for JURY trial at the next term of civil court. for trial without ajury. (CAPTION OF CASE, entire caption must be state in full) (check one) (X) Civil Action - Law () Appeal from Arbitration ( ) (other) Patricia Henneghan, Naturai Mother and Guardian of Cory Lee Henneghan, a Minor Child and Individnally, in her own right The trial list will be called on August 13, 2002 Piaintiff(s) Trials commence on September 9,2002 Ys. Chad M. McGinnis, Tammy Snyder, and Wiliiam Snyder Pretrials will be held on August 21, 2002 Defendant( s) (Briefs are due 5 days pretriat.) (The party listing this case for trial shall provide forthwith a copy of the Praecipe to all counset, pursuant to Local Rule 214.1.) No. 00-6205 Civil 2000 Indicate the attorney who will try case for the party who files this Praecipe: Andrew C. Lelunan, Esquire, 2411 North Front Street, Harrisburg, PA 17110 Indicate trial counsel for other parties if known: Don Bailey, 4311 North 6th Street, Harrisburg, PA 17110 This case is ready for trial. Signed: Print Name: Andrew C. Lelunan, Esquire Date: 6'7$J/Q'()-. I Attorney For: Defendants I, .'T ~" ,,' "-~',;< ,.,:".it.n", "",""'_ ;c,_ "~--,~ _,.,-<",.'f"_ ".,~;,'~f,."_, ,',"'" c?,'" -'.~__"_~'_ " ,~_ "~' ,~ -- ,,~~--. . . -- ". , --,'~ - r'~ Il"1 ~_.. ,_-.,m:~ ~ ,,~~~,.. ~_._ .~1I!!J'l ---< ~. ~~~-~ '"" o c "ViI: tpr;.; ~f ~ =< ,M'!!'~~...,.-1._'.J" lD Q }"\} , ,~. , , "7-~ , ~~ -; .~"'.J ;' .-';"---=:; 0? -:.r(~, Z?}I$' ::;::1 S ::< c- m~~~~~ . "" .,~-' " 6. Patricia Henneghan, Natural Mother and Guardian of Cory Lee Henneghan, a Minor Child, and Individually, in Her Own Right : IN THE COURT OF CdMMON PLEAS OF : CUMBERLAND COmiTY, PENNSYLVANIA v : NO. 00-6205 CIVIL TERM Chad M. McGinnis, Tammy Snyder and William Snyder ORJl)ER OF COURT AND NOW, April 3, 2002, by agreement of counsel, the above captioned case is hereby stricken from the April 29, 2002 trial term. Counsel is directed to relist the case when ready. By the Court, ~Bailey, Esquire For the Plaintiff ~ew C. Lehman, Esquire /For the Defendant ., ~ m~J.J o 1-() 'I ~~ :i-- pXS Court Administrator Id ;'''~'1~ilI'~ .-<" """"""" . fj'''''~ Ii:11iJJl!!.lfil!t!:~~'iif.itV'!\%if'i)M;J;;!'WO;,H&'li_.,.".'I\'i-";;~<,;"i&J~,,.!!<.illl'i.%,,";m*.'W~lliE;~-II" -'....~ii~\~-- - ~~~ -'~lUljlJ-.a .,,"^" "- -~- .~'"~ '0..." u ,~__. FILCD-Ol:FICE. . OF i -:r:: PHOrHO~JOfARY 02APR-!.t P111:00 CUMHEFiLAND COUNTY PENNSYLVANIA , !\<, ,~ \ -1:\, ~~, l..: '~-\- \,:.",,"\... \\,. \'\''- ~\~-\\ " , ' , 'j' '\ ; \' ~"" "I , '<'\.}\'\il; " ""~ -.-, 'w _",,0_,. 1:ili1liiI1. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PATRICIA HENNEGHAN, Natural: Mother and Guardian of CORY LEE HENNEGHAN, a Minor Child, and: Individually, in her own right, Plaintiff . . -vs- No. ClO - ,,-<OS a(J~L'7-~ CHAD M. MCGINNIS, TAMMY SNYDER and WILLIAM SNYDER: Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYL V ANlA LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ',;~ NOTICIA Le han demanded a used en la corte. Si used quiere defenperse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20~ dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe: presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte ep' forma escrita sus defensas 0 sus objeciones alas demandas en contra de su personfl. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio qlite es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propie:dades 0 otros derechos importantes para usted. LLEVEESTADEMANDAA UN ABODAGOINMEDIATAMENTE. SINO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO P ARAA VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. PENNSYLVANIA LAWYER REFERRAL SERVICE 2 Liberty Avenue Carlisle, Pa 17013 (717~ 249-3166 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PATRICIA HENNEGHAN, as Parent and Natural Guardian of : CORY LEE HENNEGHAN, A Minor, and, Individually in : her own right, Plaintiff . . No. 6-0- (..':U)O ~ r~ -vs- CHAD M. MCGINNIS, TAMMY SNYDER and WILLIAM SNYDER: Defendants COMPLAINT - CIVIL ACTION AND NOW, come the Plaintiffs, by and through their attorney, Don Bailey, and file the following in support of this Compla~nt: 1. Plaintiff, Patricia Henneghan is an adult individual who is the natural mother and guardian of the minor child, Cory Lee Henneghan. She resides at 134 West Penn Street, Carlisle, Cumberland County, PA, 17013. 2. Cory Lee Henneghan, born July 19, 1991, is a minor child and natural son of Plaintiff Patricia Henneghan. He resides with his mother at the address listed above. 3. Defendant Chad M. McGinnis is an adult individual who resides at 3755 Spring Road, Carlisle, Cumberland County, PA, <;"~'~" ,~ ." = " 17013. As of July 7, 1999, Defendant Chad McGinnis, born November 9, 1981, was a minor child. 4. Defendant Tammy Snyder is an adult individual who resides at 3755 Spring Road, Carlisle, Cumberland County, PA, 17013. 5. Defendant Tammy Snyder is the natural mother of Defendant Chad M. McGinnis and, as of July 7, 1999, was the guardian of said Chad M. McGinnis. 6. Defendant William Snyder is an adult individual who resides at 3755 Spring Road, Carlisle, Cumberland County, PA and who, at all times relevant hereto, has been the husband of Defendant Tammy Snyder.. 7. As of July 7, 1999, Defendants Tammy Snyder and William Snyder were the owners of a 1988 Chevrolet Beretta automobile bearing PA license plate No. BKX 3305. 8. On or about July 7, 1999, at or about 8:00 o'clock P.M., Cory Lee Henneghan was walking in a lawful and prudent manner in an easterly direction in the 100 block of West Penn Street in Carlisle Boro, Cumberland County, PA. 9. At the above time and place, Defendant Chad M. McGinnis operated the Chevrolet Beretta automobile owned by his ''''J~",,~ " . ""~ " ~~ "l_ parents, Defendants Tammy and William Snyder, in such a fashion so as to cause that vehicle to collide with Cory Lee Henneghan. 10. In causing the chevrolet automobile to collide with Cory Lee Henneghan, Defendant Chad M. McGinnis was negligent in the following respects: a. In failing to keep a proper lookout on the roadway; b. In failing to yield the right-of-way to a pedestrian; c. In failing to keep a proper lookout in an area where children reside; d. In traveling too fast for conditions; e. In failing to maintain a safe speed through a residential neighborhood; f. In operating his vehicle so as to caU5e it to collide with Cory Lee Henneghan; g. In fleeing the scene of the collision. 1. Defendants Tammy Snyder and William Snyder were negligent in this matter in the following respects: '~~""" "'" ' '-'~-,' ~= 1 ~ '" "" -~I-""" c"" ,"",,' a. In allowing Defendant Chad M. McGinnis to operate their Chevrolet Beretta automobile without proper instruction, warning and/or training; b. In allowing Defendant Chad M. McGinnis to operate their Chevrolet Beretta automobile in the evening hours in a residential neighborhood even though their son did not have the training and/or experience necessary to do so; c. In sending Defendant Chad M. McGinnis out on the public roadways in a residential neighborhood on their behalves, knowing that their son did not have the training and/or experience necessary to do so. 2. Solely and proximately as a result of the negligence of the Defendants, and all of them, as described above, Cory Lee Henneghan was struck by the Chevrolet automobile, thrown to the street, rolled under a parked vehicle and suffered the following grievous injuries, some of which are permanent in nature: a. Fracture to the left humerous; . , ---- ~" ,.. b. Cuts and abrasions to the areas of the left arm, torso and face; c. Loss of a tooth; d. Damage to the soft tissue in the area of the lefthumerous; e. Permanent scarring to the areas of the left arm, neck, torso and face; f. Stitching in the area of the lip; g. Temporary loss of the use of his left arm; h. Severe physical pain in connection with all of the above; 1. Milder pain and discomfort in the use of the lelt arm which will continue indefinitely into the future; J. Reduction in his abilities to engage in his nOm).al daily activities; k. Emotional distress, embarrassment and humiliation in connection with all of the above; and 1. Reduction in his abilities to enjoy the pleasures oflife. 3. Solely and proximately as a result of the negligence of the Defendants, and all of them, as set forth above, Plaintiff Patricia Henneghan has incurred considerable expenses in comnection with medical care, prescriptions and related transportation . . ,~ ~ " . expenses for her son, Cory Lee Henneghan and will continue to incur some of this expense indefinitely into the future. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in her favor and against the Defendants, jointly and severally, in an amount in excess of $20,000.00 plus costs of suit. Don Bailey Attorney for Plainti PA ID # 23786 4311 North 6th Street Harrisburg, P A 17110 (717) 221-9500 ,I,t;;lm; "''-'1' i I il I, i'i,,,,~." " ~. _"","~ ~~W?~I" ._ ,-- I tJ p:. ~ '-" -" c;-,- '_~_ c'~' "-.~, ~ d -&q, ut~ g~ "- "-oJ 8 t ~ !P ~ ---.0 r ~ !:f- ~ '-,.- "~ ~"-"'H' o c co, i_~~ " ,.,,"" ;") :...) -" .., =-,~~ C":(1 :..( .~.tlIII~~~~"t;;j\')"!f'!i?i?W'F-_""1T4\'!"Ji)':P:~~~'-"'-"'OC,,,,.~j~,'!"'iol'!"'_tfli~~;;~""'~""''\''''''''W;;J'>.''~,"~~~ -C,_.. \-,-, ( ;?;:" .. CF r~2 i._.., --".--, ,(':::=t'-'j >~~i; -< PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN, a Minor Child: and Individually, in her own right, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLDAND COUNTY, PENNSYLVANIA v. NO. 00-6205 CIVIL ACTION - AT LAW CHAD M. McGINNIS, TAMMY SNYDER and WILLIAM SNYDER, DEFENDANTS : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Patricia Henneghan, Natural Mother and Guardian of Cory Lee Henneghan, a Minor Child, and Individually, in her own right, and their attorney, Don Bailey, Esquire 4311 North 6th Street Harrisburg, PA 17110 YOU ARE HEREBY NOTIFIED, that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, NEALON & GOVER Date: 10/11/00 BP1<b/ C-I) --j Matthew R. Gover, Esquire Attorney 1.0. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 ~u -'--. '." '"'''''--, --"'"" " . ". " --- ~-~""'''--' ""'+'"''/':-"''':' ",,-"'~":(~;-"-'~--'" eo, -",.-,--'--, -'" . ._-_'F',... "- PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN, a Minor Child: and Individually, in her own right, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLDAND COUNTY, PENNSYLVANIA v. NO. 00-6205 CIVIL ACTION - AT LAW CHAD M. McGINNIS, TAMMY SNYDER and WILLIAM SNYDER, DEFENDANTS JURY TRIAL DEMANDED ANSWER AND NOW, comes the Defendants, Chad M. McGinnis, Tammy Snyder and William Snyder, by and through their attorneys, NEALON & GOVER, P.C., and files the following Answer: 1. - 2. Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the matters asserted and proof is demanded at trial. 3. - 7. Admitted. 8. - 11. (1). Denied pursuant to Pa.R.Civ.P. 1029(e). 12. (2.) - 13. (3.). Denied. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the matters asserted and proof is demanded at trial. WHEREFORE, Defendants, Chad M. McGinnis, Tammy Snyder and William Snyder, respectfully request that the Complaint be dismissed with costs of this action. "," '-,,'1 .',,----~<1" - ," ^,- .t- ,-....' "V"'.,'e_'_,',,,,c. _',_,'_'_' _' -,. .~ ,,' .... , . ,~," .~,'_. ,,'. . '?__ ~_',~,~ " , ""C__,~' NEW MATTER 14. Paragraphs 1 through 13 (3) of Defendants' Answer are incorporated herein by reference thereto. 15. Plaintiffs' claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendants, Chad M. McGinnis, Tammy Snyder and William Snyder, respectfully requests that the Complaint be dismissed with costs of this action. Respectfully submitted, NEALON & GOVER Date: 10/11/00 BYr1/vi~~- Matthew R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 V'_ ;'- ~--_ ~"__":"_ _~'",_'1"'''''__ ''-_ "_:""'" ,...~! i '_,,',,--'~' ,'~' "'i", ".____,"! __ c,p _.' .~ -, "'-',,, . .., -- . -~-, ", "'~'-".""-"~""" ~ -~'- , ~ ..r VERIFICATION I, CHAD M. McGINNIS, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.SA 4904 relating to unsworn falsification to authorities. ,"'-"<~-. ,eO' ,-,~--~,-"C"',~"_",,,,,_^,,_ .,-,,-,,; t_ "_ -~'-'->-'f- _!."',_".. _,__>,,,_ '. --, , - , " ,", ';", '.." - -,"" - '" " ~",'- '0 ., __ ,~ _ ,_~ . VERIFICATION I, WILLIAM SNYDER, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. "~. , - ----. '''T",. ,,""7""~~c.~---"'-^ ""-~-",-.""',' '. ,~-- ,'-1" "-'-', ,'.. ., "<' ____no, _,,_ l'd" "__,,_~_. _ "-,-" ~'" , VERIFICATION I, TAMMY SNYDER, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Ya~.~x4~l TAMMY S DER '- . '., ^- .'_0- "_o_"'_:_':_~"_ _ _', ._.' J_'''' ,,' "_~'(,,. :,,'.'~. ,,""" .-" "~ '_'._'.'__ ',,. -- '~-' . ",. .~,,- " ~- ",. CERTIFICATE OF SERVICE AND NOW, this 11th day of October, 2000, I hereby certify that I have served the foregoing Answer with New Matter on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Don Bailey, Esquire 4311 North 6th Street Harrisburg, PA 17110 ~~ Matthew R. Gover, Esquire ~';r -ilL -- j>_ '" 7'-"''"''''-, e--,__,; , '~..,_" ~,':';;T'''--' "'-''('';',' .,., "~,,,,", -c " ' . ''-- '-,"-- " ., -- '" ""i~ " f,r, .~,. . ", " . ,,_! #10 OLER PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN, a Minor Child, : And Individually, in her Own Right, Plaintiffs IN THE COURT OF COMMqN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CHAD M. McGINNIS, TAMMY SNYDER and WILLIAM SNYDER, Defendants No. 00-6205 CIVIL TE~M IN RE: PRETRIAL CONFERENCE A pretrial conference in the above-captioned case was held in the chambers of Judge Oler on F~iday, August 23, 2002. Present on behalf of the Plain~iffs was Andrew J. Ostrowski, Esquire. Present on behalf of the Defendants was Andrew C. Lehman, Esquire. This is a negligence action for personal injuries to minor Plaintiff Cory Lee Henneghan (~even years of age at time of accident) arising out of an acqident on July 7, 1999, in Carlisle, Pennsylvania, wherein it he minor was either struck by a car or walked into a car ~riven by Defendant Chad M. McGinnis as the minor crossed ai street. Plaintiff patricia Henneghan, the minor's mother" sues for medical expenses incurred on his behalf. Defendapts Tammy Snyder and William Snyder are sued on a theory of' negligent entrustment. Defenses include lack of negligence!. ;~,~,'1" - -~,-- - .,,, ' - -. ~~--'" --~- "' -~- -",- , This will be a jury trial in which each side, pursuant to an agreement of counsel, will ~ave four peremptory challenges, for a total of eight. The estimated duration of trial is two days. Issues which may arise at trial include (a) the admissibility of evidence that the Defendant ,motorist left the scene of the accident after its occurreqce, and (b) the availability of a defense of contributor~ negligence given the age of the injured child at ,the time of the accident. To the extent that these issue~ remain outstanding, counsel are directed to supply to tHe Court brief memoranda in support of their respective pdsitions at least five days prior to commencement of the trial term at which this case is heard. (The issue of the adm~ssibility of evidence of leaving the scene of an accident may be the subject of a motion in limine filed by the Defenqants.) In addition, to the extent that a~y deposition testimony is to be shown or read to t~e jury and contains objections requiring rulings by the tri~l court, counsel are directed to furnish to the Court, at least five days prior to commencement of the said trial term, copies of the transcripts of such depositions, with the areas of objection being pursued highlighted and with brielf memoranda in support of their respective positions on the objections. - '.,d_ ,,,. ".""_0 , With respect to settlement negotiations, it does appear to the Court that there is a reasonable possibility of settlement in this case. Andrew J. Ostrowski, Esquire 43111 North Sixth Street Harrisburg, PA 17110 For the Plaintiffs Andrew C. Lehman, Esquire 2411 North Front Street Harrisburg, PA 17110 For the Defendants Court Administrator wcy "'?~~ " , "", By the Court, -- ~ I ! i I H Ii r ., ,-~ , ""'~ , 10 ,~~,,^ i ~' _~,,> -."" '- "' . ~- -"" , .'~ ".,,, ,.'"' ~. - ,,,"', ,~'"' ^~ . 0 r.::;, 0 ~ I'\.> " ;0. ;J~:b ""0:; c::: CTJ f T; "., , r- Z=C1 ;,\) ~g 2c- CD J:-. 0, ~e:~ --ry ~2~~ ;;;() ~,;" ~C) !:"' 4:::ril >e c.! -..1 z: J> =< .0 c:> -< ^' . -,-,.. ~ ,~~ ':f~, "~,,,..,,;,," r @ AUG 1 2 2002 ~ '_ ~"lf\ PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN, a Minor Child, and Individually in His Own Right, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYL VANIA Plaintiffs v. : NO.: 00-6205 CHAD M. McGINNIS, TAMMY SNYDER, and WILLIAM SNYDER Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFFS' PRETRIAL MEMORANDUM I. STATEMENT OF FACTS AS TO LIABILITY AND DAMAGES On July 7, 1999 Plaintiff, Cory Lee Henneghan was struck by a car operated by Chad McGinnis while crossing Penn Street in Carlisle. Plaintiff was crossing the street from his house on the south side of Penn Street to Memorial Park on the north side of the street. Defendant was driving an automobile owned by Defendants Tammy Snyder (McGinnis' natural mother) and William Snyder. Plaintiff was struck by the front, right side of the vehicle and was thrown up into the windshield and struck the right side view mirror before landing on the ground under a vehicle parked along Penn Street. Defendant was traveling at a high rate of speed, was playing loud music and was not attentive to pedestrians in the area. After the incident, Defendant fled the scene and was later apprehended and prosecuted through juvenile proceedings. As a result of the negligence of Defendant McGinnis, Plaintiff, Cory Henneghan, suffered a broken left arm, loss of a tooth, permanent scarring to the torso, neck, arms and face, together with pain, suffering and emotional distress. Plaintiff Patricia Heuneghan has suffered the loss of I 't - ";"P__"., ,,' ~_r _ , "., / society and services of her minor son and has incurred medical expenses in the tveatment of his injuries. II. ISSUES AS TO LIABILITY AND DAMAGES This is a negligence action for personal injuries to Plaintiffs, and Plaintiffs do not foresee I any legal issues other than those of duty, breach, causation and damages. m. ISSUES AS TO ADMISSIBILITY OF EVIDENCE None. IV. WITNESSES Cory Lee Henneghan Patricia Henneghan Brittany Henneghan Debbie Webb Mary Drew John Price Tony Stackfield Joyce Felton Officer Jeffrey Kurtz Detective David Fones Franklin Ryan, Ph.D. Thomas Green, M.D. '"--,,. - -,"'--,", ~ ',- ~, '" Jeffrey Sedlack, M.D. Rodney K. Hough, M.D. Debra Green William Currie, DDO/Frederick Hecht, DMD Defendants and their witnesses V. EXHffiITS Police accident report Medical/dental/psychological records Medical bills VI. SETTLEMENT STATUS Plaintiffs have demanded $50,000 and Defendants have offered $3500. Respectfully submitted, Dated: August 12, 2002 Andrew J. Os _Qwski, Esquire Pa. Sup. Ct. ill. No.: 66420 4311 North Sixth Street Harrisburg, PA 17110 (717) 221-9500 Attorney for Plaintiffs . CERTIFICATE OF SERVICE I,Andrew J. Ostrowski, hereby certify that I have served a true and correct copy of the foregoing document, by depositing such in the U.S. Mail, first class, postage prepaid, addressed as follows: Matthew R. Gover, Esquire 2411 North Front Street Harrisburg, P A 17110 By CL Dated: August 12, 2002 J - ~;. _ _. Andrew J. . wski 4 311 North Sixth Street Harrisburg, P A 1711 0 (717) 221-9500 PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN, a Minor Child and Individually, in her own right, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 00-6205 CIVIL ACTION -AT LAW CHAD M. McGINNIS, TAMMY SNYDER and WILLIAM SNYDER, DEFENDANTS JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANTS AND NOW, this 15th day of August, 2002, Andrew C. Lehman, Esquire, counsel for Defendants, sets forth the following required information pursuant to Cumberland County Local Rule 212-4: I. A Statement of the Basic Facts as to Liability. This civil action arises out of an accident that occurred on July 7, 1999 at approximately 8:32 p.m. on West Penn Street, Carlisle Borough, Cumberland County, Pennsylvania. At that time and place, Defendant, Chad McGinnis (hereinafter "McGinnis"), was traveling eastbound on West Penn Street, while operating a 1988 Chevrolet Beretta. At the same time, Plaintiff Cory Henneghan (hereinafter "Henneghan"), a minor, was a pedestrian attempting to cross West Penn Street in a Northerly direction. Furthermore, Henneghan was attempting to cross the street between two cars parallel parked along the south sound of West Penn Street. f"""",, , r,_,~;,C'1':',__ ~,~~,,-,-',r.,,--"- ,',<.",-. ,<". - ,,--~-=--, , ,,,,.- ,,~.~ -,'-'"' As McGinnis passed Henneghan, Henneghan, who was now in the street, moved into the driver's side mirror of the McGinnis vehicle. As a result of the impact, Henneghan suffered a fractured left humerus, a cut to his lip requiring stitches, a loss of one of his baby teeth, as well as minor cuts and bruises. II. A Statement of the Basic Facts as to Damages. Not applicable to Defendants; however, based upon the discovery there are no ongoing medical or psychological symptoms as a result of Henneghan's injuries. Furthermore, based upon the deposition testimony of the Henneghan, his left arm healed with no residuals. Henneghan maintains there is some residual scaring on his face and arm. III. A Statement as to the Principal Issues of Liability and Damages. Defendants will not admit that McGinnis was negligent. It is not contested that Henneghan suffered a fractured arm and some lacerations as related above. If the jury finds Defendant(s) to be negligent, the nature and extent of Plaintiffs' injuries are for the jury to decide. IV. A Summary of the Legal Issues regarding the Admissibility of Testimony, Exhibits, or Any Other Matter, and Legal Authorities Relied On. Defendants would request that the parties stipulate to the authenticity of all documents exchanged during the course of discovery. In Plaintiffs' Pre-Trial Memorandum, it is indicated that "Patricia Henneghan has suffered loss of society. . ." However, in Pennsylvania, loss of filial consortium is not 2 ,,'~--m,~,''''"'7'''''''-_'___''' --, -",,, ." " ,- -~_-,- __ p,,'-,,",,"" -' ',,, recognized in such cases. See Jackson v. Tastykake, Inc., 648 A.2d 1214 (Pa.Super. 1994); McCaskill v. Philadelphia Housing Authority, 615 A.2d 382 (Pa.Super. 1992); Estate of Mathews v. Mil/creek, 45 Pa. D&C 4th 376 (Pa.Com.PI. 2000); Pawlak v. Wharton Tp., 44 Pa. D&C 4th 189 (Pa.Com.PI. 1999). Therefore, Defendants object to any claim Ms. Henneghan may put forward seeking loss of society for injuries sustained by her son. Finally, Defendants contend that any evidence of Chad McGinnis' fleeing or leaving the scene of the accident is inadmissible and an appropriate motion in limine will be filed on said issue. V. The Identity of Witnesses to be Called. Defense may call Chad McGinnis, Tammy Snyder and William Snyder. Defense may also call Joyce Felton, Tyann Felton, John Price, Tony Stackfield, Debbie Webb and Mary Drew. Defense does not anticipate calling any other witnesses, however, Defense does reserve the right to call Plaintiffs as on cross-examination and any of the Plaintiffs' health care providers andlor call any witnesses identified in Plaintiffs' Pre-Trial Memorandum. VI. A List of Exhibits with Brief Identification of Each. A. Photographs of Defendants' vehicle; B. All of Henneghan's medical and counseling records exchanged through discovery including but not limited to: 1. Records from Carlisle Imaging; 3 .~~--~. .-"''.'rCC~'''_~~~~''.'".,.,,_.". '.',~ ~-,~." -"-"'--','" .-._,." " __ , '~H" , 2. Records from Dr. Thomas J. Green andlor is agents; 3. Records from Pennsylvania Counseling Services; 4. Records from Family Home Health Care Products, Inc.; and 5. Records from Carlisle Hospital; C. Police report of the incident in question; D. Transcripts from the parties' depositions for impeachment purposes andlor to refresh recollection; E. Recorded statement of Chad McGinnis given to Progressive Insurance Company for the purpose of refreshing recollection. if necessary; F. Defendant reserves the right to use as an exhibit any other documents exchanged during the course of discovery andlor any exhibit identified in Plaintiffs' Pre- trial Memorandum. VII. The Current Status of Settlement Negotiations. Defendant had offered $3.500. which has been rejected. Respectfully submitted, NEALON & GOVER, P.C. By Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 Date: R/~L7~ 4 I~- ''''1'':,<'_ ",' 't-" - .^" ""..,.- 'h~'-~.t -' ~ ~-:""~' "" .<" '. - 0"', ''''. ,~,~ ., _ -'.c -,~" , CERTIFICATE OF SERVICE ~ AND NOW, this A day of August, 2002, I hereby certify that I have served the foregoing PRE-TRIAL MEMORANDUM on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Andrew J. Ostrowski, Esquire 43111 North Sixth Street Harrisburg, PA 17110 ". -, ,r.,<'. "__"",__,9,,-m,,,< , c~~"'~.,,., ~,">~; ,:,_ ,~.c_,~< _~,__,_, -" '~,." ~. . .' ~, ." ~ ~ ~ "'~~ -, PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN, a Minor Child, and Individually in His Own Right, Plaintiffs v. CHAD M. McGINNIS, TAMMY SNYDER, and WILLIAM SNYDER Defendants ..... :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYL VANIA : NO.: 00-6205 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Plaintiffs in the captioned matter. ~~Y~bmrf! Andrew 1. tr wski, Esquire Pa. Sup. Ct. ill. No.: 66420 4311 North Sixth Street Harrisburg, P A 1711 0 (717) 221-9500 Attorney for Plaintiffs Dated: August 12, 2002 ^,. - ~ .'IS . CERTIFICATE OF SERVICE I,Andrew J. Ostrowski, hereby certifY that I have served a true and correct copy of the foregoing document, by depositing such in the u.s. Mail, first class, postage prepaid, addressed as follows: Matthew R. Gover, Esquire 2411 North Front Street Harrisburg, P A 17110 By a;ej 4311 North Sixth Street Harrisburg, PA 17110 (717) 221-9500 Dated: August 12, 2002 "-, - ~~ " ~"r'~ -1 Ii [ , , [ [ i , i !I I' II il iJ i~ if il ,,' f-' i' >"J ill 'I " , 'I , fi , ,) ::j \I ~'l::.. W"T.6l ;: ~. ~-~ '~~~I () c: i(~ -<~ -':,. r-;'~:": :Jf ;:~,' ~'(:I ~C 2: ;::::I , ""'j Co , a N """ c:: (j) o ., ::;j ;'?';;J] "rJrn 'T)CI -~~ \2,,,; ~":':; f'n -~~ -< f\.) :s! Mf'~~~!,<-",",,-,. fflf;( ~,q~~~~"~Ol\~~}~~<)';W'if;'\C'iI'l%'~I""iI't,"'''-''-'i'''';'-''.5$!''''''i'''' ''C'tIY-0'<'F' ",,'O,"Ii!!"~m'~"'N'l-'I'''''!JTm''~\\l'~;;"_P,'i'l''''''i"i'''><~'',i'!jj'llI!il:~l~ OCT 0 7 2002 PATRICIA HENNEGHAN; NatttralMother and Guard~an of CORY LEE HENNEGHAN, a M.inorChild,and Individually -in >Bis Own Right, ~lN THE COURT OF (lOMMON PLEAS :CUMBERLAND COuNTY, :PENNSYLVANIA . . Plaintiffs . . v. : NO.:.(l()...6205 : CHAD M.~GINNIS,- TAMMY SNIDER, and WILLIAM SNYDER Defendants : ClVILACTION- LAW : : JURY TRIAL DEMAlNDE>> ORDER IT IS HEREBY ORDERED THAT-on the . of October, 2002,npo. noeonsideration . ., of Plaintiff' sPerltionto: Discontinue and End, iUs hereby ORDERED, that ~ePetitioIl:is "-, , . - -', . granted and that the aboveccaptioned action. is marked "settled, discontinuedlfud ended withal! 'd" cost pal -; BY'FHECOURT: J. Wesley Oler Cumberland County Judge ';>;"'ll1'il', - . ~ ., , . . OCT 0 7 2002 PATRICIA HENNEGHAN; Nat1tralMother and Guardian of CORY LEE HENNEGBAN, a Minor Child, and Individually -in His Own Right, v. ~IN THE €OBRT OF COMMON PLEAS :CUMBERLAND COUNTY, ::PENNSYLVANlA Plaintiffs . . : NO.:.00-6205 . . CJJAD M. Mc:GINNISt TAMMY SNYDER, and WILLIAM SNYDER Defendants : ClVIL.ACllON - LAW : JURY TRJALDEMANDED ORDER IT IS HEREBY ORDERED THAT-ontbe ofOcrober, 2002,upoiloConslderation i," .' ,'., ". ','., ,..' ,'. .:', , . _ '.",.' of Plaintiffs Petition to: Discontinue and End, iUs hereby ORDERED, that thePetitioiris " " , . , granted arid that the alJoveccaptioned actioilismarked "settled, diSCOlltiriUed arld eridedwithall t '..1 " COS .' paltt; ;" BYTIIEcoDRT: J. Wesley Oler Cumberland County Judge #' ~~IUO:~ ~. . ocr 0 7 2002 PAl'RICIA HENNEGHAN; Natural Mother and Guardian of CORY LEE HENNEGHAN, II MmorChild, and Individually in His Own Right, ~IN l'HE COl:JRl' OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLVANIA v. Plaintiffs . . : NO.:0()";6205 CHAD M.Ml:GINNJS~ TAMMY SNmER, and WILLIAM SNYDER ... Defendants : CIVILACTION-LAW : JURY TRIAL DEMANDED ORDER IT IS HEREBY ORDERED THAT-on the ofOetober, 2002,uponronsideration ; of Plaintiff s Petition to DiScontinue: and End, it is hereby ORDERED, that thePetitioiris " '-, ,. -, ' granted afld that the above':captioned action. is marked "settled,discontiriued afld en.dedwithalI t 'd" eos . pal; BY THE COURT: J. Wesley Oler Cumberland County Judge , . PATRICIA HENNEGHAN. Natural Mother and Guardian of CORY LEE HENNEGHAN, a1\li:Jl&r .child, and Individually -in His Own Right, Plaintiffs. v. CHAD M.McGINNIS.TAMMY SNYDER,- and WILLIAM SNYDER Defendants FILE :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLVANIA o C <:" ~~~~, ~.;" , ~- 2:-:: G~ ~ ~CMLACTroN-LAW ~~~ 7' ~ JURY TRIAL DEMAND-ED ~ . . . . : NO.: -00-6205 PETffIDN TO- DISCONTINUE AND- END- C'..-, N a C) . ~. . w 4~t' o -n ~..- .n --'-;~-: f:9 ;~~ l:3rn __I ;;;; :< ~:' 0'1 I. The aeove .capuonedmatter, whichinvi'llv.es-theclailllS -of .a minor plaintiff, which-has been settled- tothe satisfaction. of all-the parties- fer the ameunt of fifteen-thollsand-( 1-5; OOO} . .dollars. 2. Theamountoft-he settlement is- fair and- reaonable and is- in-the best- interest of the -mmorplaintiff. 3. Please,.theref.ofe, direct the above-captioned. matter discontinued. and ended. Dated: October 2, 2002 .W~,," ~~ .- ~ " , Respectfully Submitted, CC2z1 Andrew J. 'Ostrowski Pa. Sup. Ct. ID No.: 66420 4JUNorth6'h Street Harrisburg, P A 17110 Phone (717) 221-9500 Fax: (717) 221-9600 - CERTIFICATE OF SERVICE I, Andrew J.Ostrowski, hereby certifY that.lhaveseiVeda tru~and~orrectcoPYQf.the foregoing document, bydepoSitingsucbin the u.s. Mail, first class, postage prepaid, addressed as fellows: AndrewLehnian; Esquire 2411 North Front Street Ha.nisbiitg,PA 171 If) BYCC v4J1 Andre'*LOstrowski 431lNorthSilcth Street Harrisburg,PA 17110 (717) 221-9500 Dated: October 2, 2002 f<-"_~_," - , ~ .' " PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN, a Minor Child, and Individually in His Own Right, Plaintiffs IN TIIEl'COURT OF CO:MMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW CHAD M. McGINNIS, TA:MMY : SNYDER, and WILLIAM SNYDER, Defendants NO. 00-6205 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of October, 2002, upon consideration of Plaintiffs' Petition To Discontinue and End, a hearing is scheduled for Friday, Novernber 15, 2002, at ,1:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, - Pennsylvania. BY THE COURT, Puldrew J. Ostrowski, Esq. 4311 North 6th Street . Harrisburg, P A 17110 Attorney for Plaintiffs ~ fjwesley Oler,' , cPA J. Andrew Lehman, Esq. .2411 North Front Street Harrisburg, P A 17110 Attorney for Defendants ~~ 7/j,~,y-' . n _~ . )b 'bO~~~f!~~~~:~ 9-. - ----.--.- --....'II'!;RiMt't~~I\'<J~,'J1:;,;~)!:,''''.::;-L~-'':!l!,.--:" ~." -------......--.....--..---... ,..- .. -----------;;,.-=.,-=..- ~~;~---~- ,;. ,.~ ,c' i~I",il' :rc , ~ > ;~ M~~1BMfiIr~~~~M<B\~' -<- ~,......- "--:,,~~-~- . ""..IIJllill,. ,~-~"~.^~ "-"~~'" "~ "0 ._<,_< ~_~ _ ,~"; -,", ,~:\ ,F;:f}-{)FF:8E ('"''1': "r,_"- ~~"~:~'IT~,t:1",lDTf\RY ..,1 02 OCT 10 [)!1 I: 09 C' "'-"'.'L \ ".' "(\U.N'T"\I ViV!t:JtJ\ hl\u v',) I ! PENNSYLVI~!!-\ ......-_.~'->DIlr"" .'~"1- ~ - -~ ~ .,.d , . . " OCT 0 7 2002 PA1'RICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN, tl Mmo-rCllild,illid fndhridually.inHis Own Right, :lN1'HE CQlJR1' OF C~PLF.AS :CUMBERLAND COUNTY, ~PENNSYLVANIA PlaiD#ffs . . v. : NO.:OO-(i205 ClIAD M. ~GINNJS.. TAMMY SNYDER. and WU,LIAM SNYDER Defendants : ClVlLACTIDN - LAW : ~.JURY TRIAL DEMANDED ORDER IT IS.8EREBYORDERED THAT'onthe_ofGctober,2002,uponceonsideration of Plaintiff sPetition to Discontinue andEnd, it is hereby ORDERED, that thePetitioll is " , granted and that the aboveccaptionedllction is marked "settled,dfscontinued anaetIded with all t 'd" eospal '; BY THE COURT: J. WesleyOler Cumberland County Judge '-", ,^^ , -~ ,. 'r ~~, " . .' \ r-.~, oCt \ IJ i, cO, PATRICIA HENNEGHAN. Natura:l Mothe't and Guardian of CORY LEE HENNEGHAN, aMioor CmItl; and Individually in His Own Right, :IN rnCOURT OF CQMMON PLEAS :CUMBERLANDCOUNTY, :PENN"SYLVANIA J'laiIliiffs : v. : NO.: -Oo-ci205 CHADM.-MeGlNNIS,-l'AMMY SNYDER, and WILLIAM SNYDER l>efendants :-CIVILACTION- LAW ~JURV TlUALDEMA~ PETIT-IeNTODlSCONFINUE ANI} EN>> I. The tib6ve <Japtiooedmatter, whichinve1vestheclaimsef a miner plaintifl: which has been settled- t6the saU&factioo of an-the parties- for the amollRt ef fifteen-thousalld, (15,000) dellars, 2. The llmouRt of the sett1ement is-fair and r.eaenable and is-in the best interest of the -minor plaintiff 3, Please, theref{)r~, direct the above-captioned matter discontinued and, ended, Respectfully Submitted, c~ Andrew J. . owski Pa. Sup. Ct. ill No.: 66420 4311 North '6th -Street Harrisburg, PA 17110 Phone (717) 221~9500' Fax: (717) 221-9600 Dated: October 2, 2002 , . . €ERTllnCATEOFSERVICE I, Andrew J. Ostrowski, herebycertif'y that I haveseiv~da tru~andeorreetcopyofthe foregoing documeht, by depositing such in the u.s. Mail, first class, postage prepaid, addressed as follows: Andrew Lehman, Esquire' 2411 North Front Street Hilirisbutg,PA 17110 BYC~~ AndreZ:~-;;:~ 4311 NorthSill:th Street Harrisburg, PA 17110 (717) 221-9;00 Dated: October 2, 2002 '.~~c_ ~ ~ ",..., _ _, _~ ._ ~ " ,~ ~~-,~ '" ~ ~o H ,~ ' "=, -=. . . . (') <::> 0 c !'.) ., s: 0 '.'-f ;:glT.! " T ~.'~rr --1 ~-;-1 ::D ~:rJ zr". I ;]9 (/)20: (...) -(4.: C:::;C) ~C -0 ,-~ -r, )> - :Jl;: 57] zV ~?-(., ;pC> r:! om c z ~ ~ (Jl -< - .~r J-il~1Jl!~...1}'.,,"-"'1<'I'>~~~;'.!n,.,!!f';!'~,;,;r-':l>'1%iYi6t;l'j'j,I!'~~~~~~,~:;n~ \ I PATRICIAHE~GHAN' Natural Mother d Guardian of CORY LEE HE ~ GRAN, a Minor Child, and IndiVidually in His Own Right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW CHAD M. McGINNIS, TAMMY : SNYDER, and WILLIAM SNYDER, Defendants NO. 00-6205 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of December, 2002, upon consideration of the Petition To Release Settlement Proceeds filed by Patricia Henneghan in the above-captioned matter, and it appearing that proof of deposit has not yet been filed in accordance with the order of court dated November 15, 2002, and that the withdrawal requested far exceeds expenses of the child, the Petition is denied, without prejudice to the right to file a revised petition more specifically related to the needs of the child which can not be accommodated by his parente s), after the aforesaid proof of deposit is filed. BY THE COURT, 1. / Patricia Henneghan 134 W. Penn Street Carlisle, PA 17013 Plaintiff, Pro Se f\. t~ I:;' .J ~ . 0 ~ :? ,_"1''''''_\1' ",. " ~,~ '., '<'~:liiiiiliiiiilllll~iIl'.~~ ",m%\<~~~~~"""~~~~ '~-~'-'''''~'iilr&'MIIiuJ' .- jjr ~ -- '. ~ "'- ~ --, ,- I f=ILED.OI'FiCE 0,'..:'"""" 'r''''''''''''''"""""" !:~i', ;,,1;< }f;"C,U;"J~.)1!1rH 02 DEe 26 A/11O; 2 ! CUMBEfiLAI\,) COUNTY PENNSYLVANIA !!I'!~.- Ill, -' ",O__~,,~' "<,_," . ',"" "",1" ' ....... ",' .,,,..,,,....,,, .M""." ".<., """"---"",,, " /i\ndrew Lehman, Esq. 2411 North Front Street Harrisburg, P A 17110 Attorney for Defendants Courtesy Copy: V Andrew J. Ostrowski, Esq. 4311 North 6th Street Harrisburg, P A 17110 :rc ~ '-;0 "'.'__', ""._," '_'_"". " .,." ,~lI,'S!'f"I!'!f'" , DEC~Dt PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEG8AN, a Minor Child, and Individually in His Own Right, :IN THE COURT OF CqMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLV ANIA Plaintiffs v. : NO.: 00-6205 : CHAD 11. McGINNIS, TAMMY SNYDER, and WILLIAM SNYDER Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PETITION TO REI,F.ASE SETTLEMENT PROCEEDS I, Patricia Henneghan, the natural mother of Cory Lee Henneghan, petition the Court to approve the release of funds from the accountforthe settlement proceeds being held for Cory. I am requesting the release of $2500 which I will use to purchase some long overdue items of clothing, and to purchase some Christmas gifts for Cory and my other three children. When we settled the case, I was happy to know that! would be able to provide Cory with his essentials, and I also planned to buy him and his siblings extra gifts or something more than what I have in the past. As his mother, I feel it is perfectly appropriate and desirable to give Cory a little something extra to recognize and welcome the resolution of his case because, even though we did not go to trial, Cory experienced a lot of emotions in going through this over the years, and there is nothing wrong with allowing him to experience Christmas joy. As for my other children, I believe it is in Cory's interest to treat them to something nice too for Christmas. Our family is the most important thing in all of our lives, and my children are very close with each other, and I am sure that Cory would want his siblings to share in his joy. Your Honor, I also intend to make a mortgage payment and car payment ~ . . because I was sick and out of work due to my diabetes and got behind. I am a single mother and have raised my children and been able to provide for their needs without public assistance of any type. I did not ask Cory if it was OK for me to use the money so I can keep the house and car, but I believe he would want that so we don't have to worry about losing these important things. Your Honor, I have no intention to spend this money on myself, and have always done everything in the best interest of my children, and I ask that you approve my request. Thank you for your consideration. Respectfully Submitted, Patricia Henneghan 134 W. Penn Street Carlisle, P A 17013 717-243-3983 ~~ Dated: ",,.~-~" , "~ w,~fIIIl'l~~F,H" 1l<!')1~_i_i!:flh.llI!I';'~" o C :;.? ~~f; 6:. -of ,=".::r." '....' ...l"~C: ;..::: --I , . C'.) r'0 :::::? i'~'11 C"") N a a ""I --I -':~ :!J .- -!E9 -)'(~ "ri ,:-~.~ ~:S :.....JPl ~j :0 -< ;,';).,. -."" 'f? ''V ..,J fJ!\g~.'l;-'$\'l";~'W??,,,.,,,,-'1,,,,'jm:<'''''~%'''''F~''''"'F~m~''i'~'&.'?l'''''''''''<i'!;'l';lf"~'":%"~"'CW~~1 ~~''',"S '\! , PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN, a Minor Child, and Individually in His Own Right, Plaintiffs v. CHAD M. McGINNIS, TAMMY : SNYDER, and WILLIAM SNYDER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-6205 CIVIL TERM ORDER OF COURT AND NOW, this 30th of December, 2002, as indicated in a telep~one conference with counsel, the court will not reconsider the terms of the order dated November 15, 2002. IT IS NOTED that under the order proof of deposit was to be prdmptly filed with the court which, according to the prothonotary, has not yet occurred. / Puldrew J. Ostrowski, Esq. 4311 North Sixth Street Harrisburg, P A 17110 Attorney for Plaintiffs V Andrew Lehman, Esq. 2411 North Front Street Harrisburg, PAl 711 0 Attorney for Defendants :rc "~,~-,'< _n,_ _ -,__,~ "_ ';~,,_ BY THE COURT, / . t apu:;u fT( R}\5 1:J..3J-O~ __V' "^- ~~Tl.~'~~~~i\fuJ4~)ijffilf.",~~lii~~_~BLlIIII , """"""'" "~." '-> ,-",- '.~ -'iii'''''''' ~ " "~~----" ,~,<~C\!....'.::. '" r" C\,j--\.]I" \ :::~:;rilt\\.\\{ r;\..~-;':r,r,-~,~,"l:,.j\";\" d' cs.:. .. \ - <<1:\ ?\\ \.,. \ , 1\1 \it\" '" .. (tV U'" ,_, (-''()\IN\' G' \\~,e,b)~-~~~\)~\",,\~ v '~.1'i:~\\'-\;:)' '- -, L e. ....' I NOV 2rOl D. . PATRICIA BENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN' a Minor Child, and Individually in His Own Right, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYLV ANIA Plaintiffs v. : NO.: 00-6205 CHAD 11. McGINNIS, TAMMY SNYDER, and WILLIAM SNYDER Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER NOW, this_day of ,2002, upon consideration of Plaintiffs' Motion for Reconsideration, it is hereby Ordered that their Motion is granted, and that this Court's November 15, 2002 Order is vacated. It is further Ordered that settlement of the captioned matter is approved by the Court, and that payment of the balance of the settlement fund, after payment of expenses and fees in the amount of $5000 shall be payable directly to Patricia Henneghan as guardian of her minor son. By the Court, J. Wesley Oler, Jr., Judge ,,' "-", " ~~ ,-ev. ,j PATRICIA HENNEGHAN, Natural Mother and Guardian of CORY LEE HENNEGHAN, a Minor Child, and Individually in His Own Right, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYL VANIA Plaintiffs v. : NO.: 00-6205 CHAD 11. McGINNIS, TAMMY SNYDER, and WILLIAM SNYDER Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED MOTION FOR RECONSIDERATION AND NOW come Plaintiffs, through their Counsel, Bailey, Stretton & Ostrowski, and in support of their Motion for Reconsideration, aver as follows: 1. On November 15,2002, this Court entered an Order approving settlement of the captioned action involving the interests of a minor Plaintiff. The action was brought by Plaintiff s mother who as parent "has the natural and primary right to bring an action, as guardian, on behalf of his or her child. . .." Dengler v. Crisman, 358 Pa. Super. 158,165,516 A.2d 1231, 1234 (1986). 2. The Court's Order purports to be entered pursuantto Pa. R. Civ. P. 2039(b)(2) which, by its terms, is only operative "[i]fthe minor has no [] guardian and none is to be appointed. . .." Otherwise, as in this case, after the payment offees and expenses, "[t]he balance of the fund shall be paid to a guardian. . .." 3. In this case, there is no evidence whatsoever that Patricia Henneghan, as Cory's natural mother and guardian, has not and will not continue to act at all times in the best interest of her minor child, and Counsel presented a Petition to this Court seeking approval of the settlement without ~Y_JliIll, .'" - <-~" I _. ,~ ,,-- ./ condition, based upon Counsel's independent judgment that, after working with Ms. Henneghan through the litigation of this matter, Cory's interest is amply protected by payment of the settlement proceeds directly to her, as guardian. 4. This Court's ~ovember 15, 2002 Order would appear to usurp the na,tural and primary , right and ability ofMs.l;lenneghan to determine what is in the best interest ofher1minor son, and to I , negate the representatiohs of her Counsel in bringing the Petition for Approvalibefore this Court without any evidence to substantiate a departure from the requirements of the ru\les, and Plaintiffs trust that the Court's Order resulted simply from a misapplication of Rule 2039 to this case. 5. Plaintiffs submit that the foregoing constitutes grounds to reconsidfr and vacate the Court's November 15,2002 Order, and to enter a further Order approving settlerl1ent and payment of the proceeds, after payment of expenses and fees, directly to Patricia Henneglj.an. WHEREFORE, Plaintiffs respectfully request that this Court enter an ~ppropriate Order granting relief consistent with the foregoing. Respectfully submitted, Dated: November 25, 2002 ~A~ Andrew J. Ostrowski, Esquire Pa. Sup. Ct. ill. No.: 66420 ' 4311 North Sixth Street Harrisburg, P A 1711 0 (717) 221-9500 Attorney for Plaintiffs CERTIFICATE OF SERVICE I,Andrew J. Ostrowski, hereby certify that I have served a true and correct copy of the foregoing document, by depositing such in the U.S. Mail, first class, postage prepaid, addressed as follows: Andrew Lehman, Esquire 2411 North Front Street Harrisburg, P A 17110 By ~t: 4 Andrew JeQ.strowski 4311 North Sixth Street Harrisburg, P A 1711 0 (717) 221-9500 Dated: November 25, 2002 ~~!!f: ,to' ''C,; .~, _~_j-" , , ,,,',_ t . , !I i', _" . ., ,< ',: ,'-, (") <=) ~ C N ~ Z :::-:,j -oOJ 0 m,n <: Fh:o Z'- .J,..' r- Ze- N -r-,m (1');;>- U1 ,-j]C' -'<2: q6 ~CJ " <_.'i~. :P :::Jl: *-i={ Z8 u- ""7''':'). >'e: 1;:> Oil, Z N );! ~ '.0 :0 -< ~~~l~_[~"."~, ,~ ~~NJt\lllft~l!'$'~!;w-ll-5;C:Jj;'W"'+iW-"";<;_'''"'I'l"!1%'!'*'l''l~!'J''''''!>1'l'"",>>l'!'1l<''!111t.~,m~!ilWfJ")l~;<'~il~ "! ,.,