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Home My WebLink About00-06304 , ASHLEY 1. BOETTGER A MINOR, BY DONALD E. BOETTGER, JR., as Guardian And in his own right, Plaintiffs V. RICHARD R. SMITH and DEBORAH J. SMITH, Defendants ~~'-M-,.fu" : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-6304 CNIL TERM : CNIL ACTION - LAW ORDER OF COURT AND NOW, this 4TH day of JUNE, 2001, a hearing on the Petition to Compromise in the above captioned matter is scheduled for FRIDAY. JUNE 15.2001, at 10:00 A.M. in Courtroom # 5. Robert 1. O'Brien, Esquire For the Plaintiffs John A. Statler, Esquire For the Defendants :sld Edward E. Guido, J. dt~,\)\ \9 < .~ ' ' ,-, o ';" .""""~~ ^ - ~ , .'" -'. ,- ,,~ - . -,-, ". '~~;J- .,i-.', ,,','.- '" -',,,-,,,,"'^'-~~ -"'"---'--".~(~:]'-C F1LEO~Or=F1CE (',e c'Jj~, :'1 "r,"I,ro'rARY \,;1 t,-.,,- il'..) " I, 01 JUN -4 PH 2: 23 CUM=~UN1Y ~W;IOlrJlJ"!!I ." r~ . ,. _,,~c, ' . _"~"*,,"Y .~- ~", ASHLEY L. BOETTGER a Minor, by DONALD E. BOETTGER, JR, as Guardian and in his own right, Plaintiffs vs. RICHARD R SMITH and DEBORAH J. SMITH, husband and wife, Defendants AND NOW, this day of > ~ ">_',0 ~ -- .ll-'-"""-""~.,-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6304 CIVIL TERM CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER , 2001, pursuant to Pa. RC.P. 2039(b)(1), the settlement of the above-captioned case is approved and Donald E. Boettger, Jr. is authorized to sign the release and receive the funds for the minor child. Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 John A. Statler, Esquire Golberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square , PO Box 1268 , Harrisburg, Pennsylvania 17108-1268 BY THE COURT, J. ~, '~ 'Or.'_ _ < <..i,'.e'- ..~~.j ASHLEY L. BOETTGER a Minor, by DONALD E. BOETTGER, JR, as Guardian and in his own right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2000-6304 CIVIL TERM vs. RICHARD R SMITH and DEBORAH J. SMITH, husband and wife, Defendants CIVIL ACTION - LAW : JURY TRIAL DEMANDED PETITION TO SETTLE A CASE INVOLVING A MINOR 1. Petitioner is Donald E. Boettger, Jr., the natural father and guardian of Ashley L. Boettger. 2. Petitioner and his daughter Ashley are the Plaintiffs in the above- captioned action. 3. The Plaintiffs have agreed to a settlement from the Defendants in the amount of $2,500.00. 4. Petitioner, pursuant to Pa. RC.P. Rule 2039(b)(1) requests that the $2,500.00 be paid to the Petitioner as natural father and guardian of the minor child. WHEREFORE, Petitioner respectfully requests that this Honorable Court approve the compromise and settlement and award the $2,500.00 settlement to the Petitioner as the natural father and guardian of the minor child. il rlo. d i riel ie nts/boettger/petition/set By: -~"" .;;. '-";-"=-- Respectfully submitted, O'BRIEN, BARIC & SCHERER ~ , +2'Df3~ Robert L. O'Brien, Esquire Attorney for Plaintiffs 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 -;;'" ;'~'--'-""- '''.'-" "~I"Y. I ~~--,'-'--:'- ~-;-o--'.' ~-,. ", .~, ,.,-' __ -~ ';~k' VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. understand that false statements made herein are made subject to the penalties of 18 Pa. C.S !:;4904, relating to unsworn falsification to authorities. ~~~.- Donald E. Boettger, Jr., in iduallyand as Guardian of Ashley L. Boettger Date: (yk_9~1 'I 11 >-",,', ._-~- '" ,~ , ~ "..-.,' ,)-. ,-,-,: I 4.& Iii 1<1 GENERAL RELEASE OF ALL CLAIMS KNOW ALL PERSONS BY THESE PRESENTS, that I, Donald E. Boettger, Jr., individually and as parent and natural guardian of Ashley L. Boettger, a minor, intending to be legally bound hereby, and in consideration of the payment of Two Thousand Five Hundred ($2,500.00) Dollars, receipt whereof is hereby acknowledged, have remised, released and forever discharged, and by these presents do for myself, my daughter, my successors, agents, assigns, heirs and insurers hereby remise, release and forever discharge Richard R. Smith and Deborah J. Smith, their administrators, personal representatives, successors, agents, assigns, officers, directors, workmen, employees, and insurers, and all other persons, firms, corporations, associations or partnerships, of and from all actions, causes of action, claims, suits, controversies, trespasses, damages, judgments, and demands in any form whatsoever, at law or in equity, arising from or by reason of any and all known or unknown, foreseen or unforeseen bodily or personal injuries, or property damage, resulting from a dog bite incident which occurred on August 28, 2000, at 580 Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania. Said incident and claim is the subject of a civil action currently pending in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 2000-6304 Civil Term, in which it is claimed that Richard R. Smith and Deborah J. Smith are legally liable for said accident and injuries, which liability was and is expressly denied. The aforesaid civil action will be discontinued of record contemporaneously with the execution of this Release. . "".I. ," _ ,';.'" ;'." ~" rLid It is understood and agreed that this is the compromise of a doubtful and disputed claim, and that this Release and payment is not to be construed as an admission of liability on the part of the parties released, and that the releasees deny liability therefor and intend merely to avoid further litigation and buy their peace. The undersigned declares and represents that no promise, inducement or agreement not stated herein has been made to the undersigned and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. THE UNJI)ERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. IN WITNESS WHEREOF, and intending to be legally bound, I have hereunto set my hand and seal this 2'1 ~ay of ~ ' 2001. WITNESS: ~ ~~ ",L.a/~~ Z~ DONALD E. BOETTGE~ ," Individually and as Parent and Natural Guardian of Ashley L. Boettger, a Minor 62401.1 .-.:' - ~, ~," "" ~;'>', COMMONWEALTH OF PENNSYLVANIA COUNTYOF (l~ SS. On the 2'1:t:'J day of /lJo.-<j ,2001, before me, the subscriber, a Notary Public in and for said Commonwealth and County, personally came the above named herein, and who executed the foregoing Release and has acknowledged to me that he voluntarily executed the same. In Testimony Whereof, I have hereunto set my hand and my seal. ~c/./ . . r t-;"?x.p~ Notary Pu c NoIarlaI ~ ~ F.1III!lII. r.-~'PubIo Call1SIe Bll 0. eumiiefi8ifd COUI.I\V My ~ EllpIru OIS. 7.liOll4 MemDer,PerqylVWlleAssocla1lonolNOl8rlee ~~ , , ~ ~ -" '-~"""";"~ " " ASHLEY L. BOETTGER a Minor, by DONALD E. BOETTGER, JR., as Guardian and in his own right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTh', PENNSYLVANIA NO. 2000- "M CIVIL TERM vs. RICHARD R. SMITH and DEBORAH J. SMITH, husband and wife, Defendants :CIVIL ACTION - LAW NOTICE You hav~ 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 an 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 importantto you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GQ TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 . - L~~'"-",,,~" ASHLEY L BOETTGER a Minor, by DONALD E. BOETTGER, JR., as Guardian and in his own right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- (.30'( CIVIL TERM vs. RICHARD R. SMITH and DEBORAH J. SMITH, husband and wife, Defendants :CIVIL ACTION - LAW COMPLAINT 1. Plaintiffs are, Ashley L. Boettger, a minor child, age eleven years by her Guardian, Donald! E. Boettger, Jr., and Donald E. Boettger, Jr., in hi's own right, an adult individual. The Plaintiffs reside at 654 Hillcrest Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants are Richard R. Smith and Deborah J. Smith, husband and wife, who are adult individuals residing at 580 Hillcrest Drive, Carlislle, Cumberland County, Pennsylvania. 3. The aforesaid Defendants own a five year old male German Shepard which they maint<?in at their residence. 4. On August 28, 2000, Ashley L. Boettger was invited onto the Defendants' property to observe the German Shepard dog at that location. Ashley was at 580 Hillcrest Drive with her friend, Jillian Christie. The dog began pursuing the two girls and attacKed and bit Ashley in the groin. Ashley received treatment at the Carlisle Hospital Emergency Room. 5. The Defendants knew or should have known that the German Shepard was a dangerous dog in that the dog had, on prior occasions, attacked human beings without provocation or had a propensity to attack human beings without provocation. 6. The Defendants were negligent and careless in keeping the German Shepard with the knowledge of his propensity to attack people without provocation. I'~ "~ ~. ". L~,g_W-~' 7. As a direct and proximate result of the Defendants' negligent and careless conduct, the Plaintiff, Ashley L. Boettger has suffered physical pain and suffering, as well as emotional and psychological trauma. 8. As a direct and proximate result of the Defendants' negligence and carelessness, the Plaintiffs have incurred, and in the future will incur expenses for medical and psychological treatment in an amount not yet ascertained. 9. As a direct and proximate result of the Defendants' negligence and carelessness, the Plaintiff, Donald E. Boettger, Jr., will incur expenses for medical and psychological treatment for his daughter Ashley. COUNT I DONALD E. BOETTGER, JR. vs. RICHARD R. SMITH AND DEBORAH J. SMITH 10. The allegations contained in Paragraphs 1-9 are incorporated herein by reference as though set forth at length. 11. The Defendants are liable for the Mr. Boettger's damages described herein inasmuch as Ms. Boettger's injuries are the direct and proximate result of the Defendants negligence and carelessness. WHEREFORE, Plaintiff Donald E. Boettger, Jr. demands damages from the Defendants in an amount in excess of $25,000.00 exclusive of interest and costs. COUNT II ASHLEY L. BOETTGER vs. RICHARD R. SMITH and DEBORAH J. SMITH 12. The allegations contained in Paragraphs 1-11 are incorporated herein by reference as though set forth at length. 13. The Defendants are liable to Ashley L. Boettger for the injuries described herein inasmuch as those injuries are the direct and proximate result of the Defendants' negligence and carelessness as set forth. WHEREFORE, Plaintiff Ashley L. Boettger demands damages from the Defendants in an amount in excess of $25,000.00 exclusive of interest and costs. 1li.fijil;J;t-ll;lJiI...i ! .' COUNT III ASHLEY L. BOETTGER and DONALD E. BOETTGER, JR. vs. RICHARD R. SMITH AND DEBORAH J. SMITH 14. The allegations contained in Paragraphs 1-13 are incorporated herein by reference as though set forth at length. 15. The maintenance of the dog on the Defendants' property was reckless or in wilful and wanton disregard of the safety of Ashley Boettger and other persons. WHEREFORE, Plaintiff Ashley L. Boettger demands punitive damages from the Defendants in an amount in excess of $25,000.00 as well as attorney's fees and costs. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: r- ~06~ Robert L. O'Brien, Esquire Attorney for Plaintiffs I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 ~~n@ob~aw.com ~ ~- - . VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 'j> ;7'1ICJcJ Donald E. Boettger, ., individually and as guardian of Ashley L. Boettger ~ -"". ~~ "~...~ ~J SHERIFF'S RETURN - REGULAR CASE NO: 2000-06304 P , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOETTGER ASHLY L MINOR VS SMITH RICHARD R 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 SMITH RICHARD R the DEFENDANT at 0020:08 HOURS, on the 15th day of September, 2000 at 580 HILLCREST DRIVE CARLISLE, PA 17013 by handing to RICHARD SMITH 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 18.00 .00 .00 10.00 .00 28.00 So Answers: ~~~t R. Thomas Kline 09/19/2000 O'BRIEN, BARIC & SCHERER Sworn and Subscribed to before By: ,Q, cd /Pn~ #,d./V""Z /// ~ Deputy Sheri'Ef me this .2/~ day of ~, <ZtJv-o A.D. qXtho~t~~~~~~ t'/-~ ~ "n'~ ~--=M''''''''"'~i SHERIFF'S RETURN - REGULAR CASE NO: 2000-06304 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOETTGER ASHLY L MINOR VS SMITH RICHARD R 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 SMITH DEBORAH J the DEFENDANT , at 0020:08 HOURS, on the 15th day of September, 2000 at 580 HILLCREST DRIVE CARLISLE, PA 17013 by handing to DEBORAH J. SMITH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing, Service Affidavit Surcharge 6.00 3,10 .00 10.00 .00 19.10 So;?~<~~ R= T.l:l..Q.mp..S!..JSlin.:~ 09/19/2000 O'BRIEN, BARIC & SCHERER Sworn and Subscribed to before By: ~~,~~/M' Deputy Sheriff ~ me thi s ~I A.I- day of .t;.-r.: . tJ,-, d,JV{) A. D. ~,p. O. llMi,,, ~ ( Prothonotary , - - ,~ -"-~ ""-'\~ " -"''''_i JohnA. Statler, Esquire Attorney I. D.l{o. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 Telephone: (717)234-4161 Attorney for Defendants ASHLEY L. BOETTGER, a Minor, by DONALD E. BOETTGER, JR., as Guardian and in His Own Right, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIV1LACTION -LAW v. NO. 2000-6304 CIVlL TERM RICHARD R. SMITH and DEBORAH 1. SMITH, Husband and Wife, Defendants JURY TRIAL DE.MANDE.D DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT AND NOW, come Defendants Richard R. Smith and Deborah 1. Smith, by their attorneys, Goldberg, Katzman and Shipman, P.C., who file the following Answer to the Plaintiffs' Complaint: 1. It is admitted, based on information and belief, that Ashley Bdettger is 11 years old. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth or falsity of the remaining averments in this paragraph and, therefore, deny the same and demand. strict proof at time of trial if deemed material. ~, <-"" - "," -~' -.-'--, ""'",,,,'-' ~ -I 2. Admitted. 3. Admitted. 4. Denied as stated. It is denied that Ashley L. Boettger was invited onto the Defendants' property on August 28, 2000. It is admitted that the dog bit Ashley. It is admitted that Ashley was present at 580 Hillcrest Drive with Ji1lian Christie. After reasonable investigation, befendatlts are without information sufficient to form a belief as to the truth or falsity of the remaining averments in this paragraph and, therefore, deny the same and demand strict proof at time of trial if deemed material. 5. Denied. It is denied that the Defendants knew or should have known that the German Shepard was dangerous and denied that the dog had on prior occasions attacked human beings without provocation or had a propensity to attack human beings without provocation. 6. The averments in this paragraph constitute conclusions oflaw to which no response is required. In the event a response is deemed to be required, it is denied that the Defendants were negligent and careless in keeping the German Shepard and denied that the Defendants knew of any propensity of the dog to attack people without provocation. 2 '\ ~;' ,-".. " .' ~,L'-:i 7. The averments in this paragraph constitute conclusions oflaw to which no response is required. In the event a response is deemed to be required, it is denied that the Defendants were negligent and careless and, therefore, denied that the Plaintiff suffered any injuries or damages as a direct and proximate of any negligence or carelessness on the part of the Defendants. 8. The averments in this paragraph constitute conclusions oflaw to which no response is required. In the event a response is deemed to be required, it is denied that the Defendants were negligent and careless and, therefore, denied that the Plaintiff suffered any injuries or damages or medical or psychological expenses as a direct and proximate of any negligence or carelessness on the part of the Defendants. 9. The averments in this paragraph constitute conclusions oflaw to which no response is required. In the event a response is deemed to be required, it is denied that the Defendants were negligent and careless and, therefore, denied that the Plaintiff suffered any injuries or damages or medical or psychological expenses as a direct and proximate of any negligence or carelessness on the part of the Defendants. 3 ,-,' ~~ .-'; ~- . .-- -~ "- ~, COUNT I Donald E. Boettger, Jr. v. Richard R. Smith and Deborah J. Smith 10. Defendants incorporate by reference their answers to the averments in paragraphs 1 through 9 of the Plaintiffs' Complaint as if set forth at length. 11. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Defendants are liable for the Plaintiffs' damages and denied that the minor Plaintiff's injuries were the direct and proximate result of any negligence and carelessness on the part of the Defendants. WHEREFORE, Defendants Richard R. Smith and Deborah 1. Smith respectfully request that Count I of the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendants and against the Plaintiffs. COUNT n Ashley L. Boettger v. Richard R. Smith and Deborah J. Smith 12. Defendants incorporate by reference their answers to the averments in paragraphs 1 through 11 of the Plaintiffs' Complaint as if set forth at length. 4 ,>,c.' ~, ~ '''1i~' 13. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendants deny that they are liable to Ashley L. Boettger for the injuries described in the Complaint and deny that the injuries were the direct and proximate result of any negligence and carelessness on the part of the Defendants. WHEREFORE, Defendants Richard R. Smith and Deborah 1. Smith respectfu11y request that Count IT of the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendants and against the Plaintiffs. COUNT m Ashley L. Boettger and Donald E. Boettger, Jr. v. Richard R Smith and Deborah J. Smith 14. Defendants incorporate by reference their answers to the averments in paragraphs 1 through 13 of the Plaintiffs' Complaint as if set forth at length. 15. The averments in this paragraph constitute conclusions oflaw to which no response is required. In the event a response is deemed to be required, it is denied that the maintenance of the dog on the Defendants' property was reckless or in wi1lfu1 and wanton disregard of the safety of Ashley Boettger and other persons. 5 =". "7'-' - i,,"' WHEREFORE, Defendants Richard R. Smith and Deborah J. Smith respectfully request that Count III of the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendants and against the Plaintiffs. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~Qj~ John A. tatler, Esquire Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants DATE: 10/!O /00 52533.1 6 ., ,-~ - - ",.; -, '" ' VERIFICATION I, RICHARD R. SMITH, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. RI~ DATE: lCJv~-()eJ ;;; ~' ^ '~i VERIFICATION I, DEBORAH J. SMITH, hereby acknowledge that I am a Defendant in this action; that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. D~J;I.lA/IL DATE: {O/6/00 " ~~'. ~- '.- ", ',_c '-to CERTIFICATE OF SERVICE Septe I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the 10'1""'- day of () cJv ~ 2000, addressed to the following: Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By~a Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, P A 171 08-1268 Telephone: (717) 234-4161 DATE: (0 (r(Joa . Attorneys for Defendants .-. ~,,"- " ,-~ , i'" ,._'._~m -~ ,-"~ ~ I", ,po"~ -0.;.0 "" '.&-~~""-"'" ~.~.;c -r-"'-- eJ', c: ~f,-. ?i:L, '-" /:..., :.< ""," ~,' " - '" , o c ,.. () '",;') c::> " ..--1 ., -~ ',' G' -'.-' / '- r ;.'" __h~h. ~" ,~ ~ ~_liMllii~~,- ~~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ASHLEY L. BOETTGER, ET AL TERM, -VS- CASE NO: 2000-6304 RICHARD SMITH & DEBORAH SMITH, H/W As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN A. STATLER, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/09/2000 r1:~on~f ~ ~ STATLER, ESQUIRE Attorney for DEFENDANT DEll-217504 42451-LOl - ~~ ~~ -U1llll.I!IIII~"f.i'!,,,,iJ " \ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ASHLEY L. BOETTGER, ET AL TERM, -VS- CASE NO: 2000-6304 RICHARD SMITH & DEBORAH SMITH, H/W NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CARLISLE HOSPITAL MEDICAL TO: ROBERT L. O'BRIEN, ESQUIRE HCS on behalf of JOHN A. STATLER, ESQUIRE intends to serve a subpoena identical to the one that' is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 10/20/2000 HCS on behalf of JOHN A. STATLER, ESQUIRE Attorney for DEFENDANT CC: JOHN A. STATLER, ESQUIRE - 22740987 Any questions regarding this matter, contact THE HCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-135196 42451-COl ~ -, '"", iIiIIiIIiII .........~, ~"l_~l'ili<liii!l-i", . i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ASHLEY L. BOETTGER, A MINOR, ET AL VS File No. 2000-6304 CIVIL RICHARD R. SMITH & DEBORAH J. SMITH H/W: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this su~oeni!r you are ordered by the court to prod"ce the following documents or things: SEE ATTACHED at MCS GROUP INC.. 1/\01 MAllKF,1' ~1' ilHOO l'HTT.A, l'A 19101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service. the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: JOHN A. STATLER, ESQUIRE 320 MARKET ST., PO BX 1268 HARRISBURG, PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT lD #: AITORNEY FOR: THE DEFENDANT NAME: ADDRESS: DATE: D~t.,r:fl IF, J.rY}o Prothonotary/Clerk. Civil Div' an/>. D - P. 2.fm/U,w Depu # - Seal of the Court (Eff. 7/97) - ,""",<1...- ..c.~...... ;c~~k~i,J\:' I ~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE HOSPITAL 246 PARKER STREET P.O. BOX 310 CARLISLE, PA 17013 RE: 42451 ASHLEY BOETTGER, MINOR Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: ASHLEY BOETTGER, MINOR 654 HILLCREST DRIVE, CARLISLE, PA 17013 SUlO-272666 42451- L 0 1 ,ii, ii_~""""""~_,jl!i~I~r;ifuW.MW"_""jy~'W/.' "'<---'-.'-- _, W"~~" ._, " ,~"e-, n , '~,. ~., '-^' ,'. ~ -~,~ ~ ., ~1\;Lf~""'''''; '., - 1iIiiWr' ~~L..... , , :! 0 C> () C CJ -n s: z: -om 0 q p1rn ~":::: --' ~: , , , .,,- --) .,~i ~C) '. r ~q -"" .." ::5 1'1'\ S;L,' ~, C ~- ~ w ~ -- {fI I~ '"Jj~ ~.~ ~ <-- . '" ASHLEY L. BOETTGER, A MINOR, BY DONALD E. BOETTGER, JR., as Guardian and in his own right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 2000-6304 CIVIL TERM RICHARD R. SMITH and DEBORAH J. SMITH, Defendants CIVIL ACTION - LAW IN RE: MINOR'S SETTLEMENT ORDER OF COURT AND NOW, this 15th day of June, 2001, after hearing, the petition to settle a case involving Ashley L. Boettger, a minor, for the sum of $2,500.00 is approved. Ashley's natural guardian, Donald E. Boettger, Jr., may sign a general release on her behalf and collect the settlement proceeds of $2,500.00, which he shall place in a restricted account in the name of the said Ashley L. Boettger, a minor. Said account must be insured by a federal government agency and must be restricted so that no funds can be withdrawn therefrom without court approval prior to October 17, 2006. Proof of said account to be filed with the prothonotary within 10 days of it being established. We are advised that Ashley's parents have paid all legal fees and costs in the prosecution of this suit not looking for any reimbursement. E. Guido, J. y ~?~ \' ~ ,\\ V'f:)\' Robert L. O'Brien, Esquire Attorney for Plaintiffs John A. Statler, Esquire Attorney for Defendants srs ~j r--[LcD--Cf';:';CE OF T! ,"" ::"': ~':":'-i<C;'JUif\RY 01 JUN I 8 I\h 10: I 4 CUlv,Ecf!ij4;U COUNTY PENNS'(LVANiA ""c ,.e",$ltfl.m,ilU .'11 > ..",I!iIJ_~ . " ,. o~." " .~& - ~ ~~t,,~ ld$KC'JJl1"il _".'"-'f~J)UJ{"_ .J~IU!j]J,pr~-~~ "~~'''''' '..,.-' ." "".~ , ~ ~ , --~~ -.k,;,'ll J::::oli'o.lI.\& -AJ...~~ --:&~~~, 1 J In the Court of Common Pleas of Cumberland County, Pennsylvania VS. No. (Q..30 '-t Civil. ~ 2.000 ~~.J( ..,...()o~ <;~~ D~ ~\<s ~ ~~~111u.. C'k- o.~ ~~ To Prothonotary 10 /:5: ~ 2.00\ ~,.v-v--. Attorney for Plaintiff 'i~!iil/~~tiiOO!iii~;,;,,",,_,,!'!":2', H;<"";";",;;'S...,-j~,MiL>rf,","I,;,"""'1L",,-,_,,,,,L"-'-'~~f1i'.d""'L~.'-'is,',,,-;;0<';'G:,",,::G.,,,-~~,,~,;lj''''e!lli!I.<!!ii.~;U''''",,,'a'1l'''i.,.,d;;~/lffii;!'!->,..u~I~~~''''~__~il:i81Jji.illiOlI!lC;-.........J -, ';J No. Term, 19 _ (} \ DC ) ;,:: II: '" YS. C1 1;-.<.:., n;: ,:,',,'\ (1('" n'Jf\i ;'.\"1" '''I"''') ". "11,', ,-,,",___, ,~ ""~ "'I'~, 'M PEi\~NSYLVf\i'~:/; PRAECIPE Filed ~'19_ Ally. " ,,~ '.' ~ ~'o '," ~, ~ ~, '" ~-,~~- ~