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Home My WebLink About03-2513 L YNDSEY TURNER, a minor, by her Parents and Natural Guardians, SCOTT TURNER and TRACI TURNER, and SCOTT TURNER and TRACI TURNER in their own right, Plaintiffs v. MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and/or CHILDREN'S DISCOVERY CENTERS OF AMERICA d/b/a KNOWLEDGE LEARNING CORPORATION d/b/a MAGIC YEARS CHILD CARE & LEARNING CENTERS, INe., and POLL Y PLUTA Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0& - 01. S'I:!:, Ct'cJ~('-r~ CIVIL ACTION - LAW 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 HA VE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 L YNDSEY TURNER, a minor, by her Parents and Natural Guardians, SCOTT TURNER and TRACI TURNER, and SCOTT TURNER and TRACI TURNER in their own right, Plaintiffs v. MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and/or CHILDREN'S DISCOVERY CENTERS OF AMERICA d/b/a KNOWLEDGE LEARNING CORPORATION d/b/a MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and POLL Y PLUTA Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION - LAW NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse 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 en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo a viso 0 notificacion, y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABODAGO INMEDIA T AMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SER VICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERI GUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 L YNDSEY TURNER, a minor, by her Parents and Natural Guardians, SCOTT TURNER and TRACI TURNER, and SCOTT TURNER and TRACI TURNER in their own right, Plaintiffs v. MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and/or CHILDREN'S DISCOVERY CENTERS OF AMERICA d/b/a KNOWLEDGE LEARNING CORPORATION d/b/a MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and POLL Y PLUTA Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 0.3 - 02.S 1-3 (l,~; L~~ CIVIL ACTION - LAW COMPLAINT AND NOW, come the Plaintiffs, Lyndsey Turner, a minor, and Scott and Traci Turner, by and through their attorneys, Caldwell & Kearns, to aver as follows: PlaintiffLyndsey Turner is a minor who resides at 101 Hilltop Drive, Mount Holly Springs, Pennsylvania 17065. 2. Plaintiff Lyndsey Turner was born on January 6, 2000. 3. Plaintiffs Scott Turner and Traci Turner are the parents of minor Plaintiff L yndsey Turner and reside at 101 Hilltop Drive, Mount Holly Springs, Pennsylvania 17065. They bring this action as guardians on behalf of minor Plaintiff Lyndsey Turner and as Plaintiffs in their own right. 4. Defendant Magic Years Child Care & Learning Centers, Inc., is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania with a place of business at 14 Brookwood Avenue, Carlisle, Pennsylvania 17013. 5. Defendant Children's Discovery Centers of America, Inc., doing business as Knowledge Learning Corporation, also doing business as Magic Years Child Care & Learning Centers, Inc., is a Delaware corporation licensed to conduct business in Pennsylvania, and in this instance was doing business as Magic Years Child Care & Learning Centers at 14 Brookwood Avenue, Carlisle, Pennsylvania 17013. 6. Defendant Polly Pluta, Center Director, is an adult individual with an unknown home address who is employed at Defendant Magic Years Child Care & Learning Centers at 14 Brookwood Avenue, Carlisle, Pennsylvania 17013. 7. At all times herein mentioned, Defendant Polly Pluta was an agent, servant and/or employee of Defendant Magic Years Child Care & Learning Centers. 8. At all times herein mentioned, Defendant Polly Pluta was acting within the scope of her authority as agent, servant and/or employee of Defendant Magic Years Child Care & Learning Centers. 9. On October 9,2001, Traci Turner dropped off Lyndsey Turner at 7:30 a.m. at Magic Years Child Care & Learning Centers. 10. PlaintiffLyndsey Turner was not yet two years old at this time. 11. According to the "Daily Contact Sheet Infant," Lyndsey Turner was fed breakfast at approximately 8:30 a.m. 12. At approximately 9:30 a.m. a "wet" diaper was changed with apparently no incident. 13. At approximately II :00 another "wet" diaper was changed. 14. Following this diaper change around 11 :00 a.m., Defendant Polly Pluta called PlaintiffTraci Turner to report a "little red mark on her (Lyndsey's) leg." 15. Defendant Pluta inquired as to whether Plaintiff Lyndsey Turner had been burned at home, which Plaintiff Traci Turner answered in the negative. 16. Defendant Pluta then inquired as to whether she could wash the "red" area. 17. PlaintiffTraci Turner agreed that she could. 18. Defendant Pluta called back Plaintiff Traci Turner approximately five minutes later because the red mark had grown larger and a mark on the other leg was now visible. 19. PlaintiffTraci Turner immediately went to pick up Plaintiff Lyndsey Turner and arrived to do so at approximately 11 :30 a.m. 20. Upon arrival, she was told by an employee, Ms. Liz, that she had changed Plaintiff Lyndsey Turner's diapers around 11 :00 a.m. because she had been tugging at them and crying. 21. Ms. Liz then filled out an "Ouch Report" indicating "on her right leg skin appears to be coming off, red blistery skin, while I was changing her." 22. Plaintiff Traci Turner took Lyndsey Turner to her pediatrician, Dr. Lynn Hoffman at 1 :00 p.m. 23. Dr. Hoffman dressed the wounds and applied a bum cream at this time, as well as prescribed an ointment for the parents to apply to the bums. 24. The Plaintiff Lyndsey Turner returned to Dr. Hoffman on October 11,2001, and Dr. Hoffman once again dressed the wounds and applied bum cream. 25. On or about October 19,2001, PlaintiffLyndsey Turner returned to Dr. Hoffman for treatment, and at this point Dr. Hoffman diagnosed resolving chemical bums. 26. This incident occurred as a result ofthe negligence of the Defendants and was due in no manner to any act, or failure to act, on the part of the Plaintiffs. COUNT I - NEGLIGENCE Polly Pluta 27. The averments in paragraphs one (1) through twenty-seven (26) are incorporated herein by reference as if fully set forth. 28. The negligence, carelessness, and recklessness of Defendant Polly Pluta consisted of, but is not limited to, the following: (a) Failing to exercise due care under the circumstances then and there existing; (b) Failing to properly supervise and exercise due care over the children in the care of Defendant Polly Pluta; and (c) Mishandling of harmful chemicals and/or improper storage of harmful chemicals in a day care center. 29. As a result of the above-described occurrence and Defendant Polly Pluta's negligence, PlaintiffLyndsey Turner sustained serious and permanent injuries in and about her body, including, but not limited to, severe chemical burns to her legs, which resulted in blistering and scarring. 30. Also as a result of Defendant Polly Pluta's negligence, Plaintiff Lyndsey Turner suffered physical pain and suffering, mental anguish and a limitation in her pursuit of daily activities, and may in the future suffer from such losses, impairment, pain, suffering, anguish, and limitation, all to her great loss and detriment. 31. As a further result of Defendant Polly Pluta's negligence, Plaintiffs Scott and Traci Turner incurred medical bills and expenses and may in the future suffer from such losses, all to their great loss and detriment. WHEREFORE, Plaintiffs Lyndsey Turner, a minor, and Scott and Traci Turner, respectfully request that judgment be entered in their favor and against the Defendant Polly Pluta in an amount not in excess of$35,000.00, together with costs. COUNT II - RES IPSA LOOUITOR Pollv Pluta 32. The averments in paragraphs one (I) through thirty-one (31) are incorporated herein by reference as if fully set forth. 33. The injuries suffered by Plaintiffs as a result of Defendant Polly Pluta's actions are of a kind that do not ordinarily occur in the absence of negligence. 34. Neither the conduct of Plaintiffs, nor that of any third persons are responsible for the injuries. 35. The negligence of Defendant Polly Pluta is within the scope of her duty to PlaintiffLyndsey Turner. 36. The negligence of Defendant Polly Pluta is the proximate cause of the injuries sustained by Plaintiffs. WHEREFORE, Plaintiffs Lyndsey Turner, a minor, and Scott and Traci Turner, respectfully request that judgment be entered in their favor and against the Defendant Polly Pluta in an amount not in excess of $35,000.00, together with costs. COUNT III - NEGLIGENCE PER SE Poll Pluta and Ma ic Years Child Care & Learnin Centers Inc. and/or Children's Discove Centers of America d/b/a Knowled e Learnin Cor oration d/b/a Ma ic Years Child Care & Learnin!! Centers. Inc. 37. The averments in paragraphs one (1) through thirty-six (36) are incorporated herein by reference as if fully set forth. 38. The statutory negligence, carelessness, and recklessness of Defendants Magic Years Child Care & Learning Centers, et aI., and Polly Pluta consisted of, but is not limited to, the following statutory violations for day care facilities: (a) Conditions at the facility may not pose a threat to the health or safety of the children. 55 Pa. C.S. S 3270.21.; and (b) Improper storage and safekeeping of "Toxics," including cleaning materials, which were the cause of Plaintiff Lyndsey Turner's injuries. 55 Pa. c.s. S 3270.66.; and (c) Improper supervision of children at all times. 55 Pa. C.S. S 3270.113(a). 39. The statutory violations of the above-described statutes by the Defendant Polly Pluta was the proximate and efficient cause of the accident. 40. The type of harm that resulted to Plaintiff Lyndsey Turner was the type of harm meant to be prevented by the legislature. 41. Day care attendees are the class of people that the statutes are intended to protect, and Plaintiff Lyndsey Turner was clearly within this class. WHEREFORE, Plaintiffs Lyndsey Turner, a minor, and Scott and Traci Turner, respectfully request that judgment be entered in their favor and against the Defendants in an amount not in excess of $35,000.00, together with costs. COUNT IV Ma ic Years Child Care & Learnin Centers Inc. and/or Children's Discove Centers of America. d/b/a Knowledee Learnine Corporation d/b/a Maeic Years Child Care & Learnine Centers. Inc. 42. The averments in paragraphs one (1) through forty-one (41) are incorporated herein by reference as if fully set forth. 43. The negligence, carelessness, and recklessness of Defendants Magic Years Child Care & Learning Centers, et aI., consisted of, but is not limited to, the following: (a) Failing to instruct its employees in the proper supervision of children; (b) Failing to instruct its employees in the proper care and storage of toxins, including cleaning supplies; (c) Failing to supervise its employees in the day care facilities; and (d) Failing to provide a safe condition for Plaintiff Lyndsey Turner. 44. As a result of the above-described Occurrence and Defendants Magic Years Child Care & Learning Centers', et aI., negligence, PlaintiffLyndsey Turner sustained serious and permanent injuries in and about her body, including, but not limited to, severe chemical burns to her legs, which resulted in blistering and scarring. 45. Also as a result of Defendants Magic Years Child Care & Learning Centers', et. al negligence, Plaintiff Lyndsey Turner suffered physical pain and suffering, mental anguish and a limitation in her pursuit of daily activities, and may in the future suffer from such losses, impairment, pain, suffering, anguish, and limitation, all to her great loss and detriment. 46. As a further result of Defendants Magic Years Child Care & Learning Centers', et aI. negligence, Plaintiffs Scott and Traci Turner incurred medical bills and expenses and may in the future suffer from such losses, all to their great loss and detriment. WHEREFORE, Plaintiffs Lyndsey Turner, a minor, and Scott and Traci Turner, respectfully request that judgment be entered in their favor and against the Defendants in an amount not in excess of $35,000.00, together with costs. COUNT V - VICARIOUS LIABILITY Ma ic Years Child Care & Learnin Centers Inc. and/or Children's Discove Centers of America. d/b/a Knowled!!e Learning Corporation d/b/a Maeic Years Child Care & Learnin!! Centers. Inc. 47. The averments in paragraphs one (1) through forty-six (46) are incorporated herein by reference as if fully set forth. 48. At all times relevant hereto, Defendants Magic Years Child Care & Learning Centers, et aI., employed, controlled, directed and/or supervised the conduct and activities of Defendant Pluta. 49. Defendant Magic Years Child Care & Learning Centers, et aI., are vicariously liable for the conduct and actions of its employee, agent and/or servant, Defendant Pluta. WHEREFORE, Plaintiffs Lyndsey Turner, a minor, and Scott and Traci Turner, respectfully request that judgment be entered in their favor and against the Defendants in an amount not in excess of $35,000.00, together with costs. Respectfully submitted, By: & KEARNS ~ Dated: Sp7/o3 effrey T. McGuire, Esquire Attorney J.D. #73617 3631 North Front Street Harrisburg, PAl 711 0 (717) 232-7661 Attorneys for Plaintiffs 02-562/56111 VERIFICA TION I, Scott Turner, verifY that the averments in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. By: '*' ~ '1 jW1lMi'V' Scott Turner VERIFICATION I, Traci Turner, verifY that the averments in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. By: (}~L Traci Turner (:) ~ 0) ^-J ~ ~ \t- o c' ? ~ C l...) :So. _.... ---j ..... () -rJ '::"1 ~ ft. .......... nif' -, ~ Vv -..., -..--; if! "'- _.", j"'-) Z;- ~ ...0 U~ ()) -< CN ....... r:: ~ ~ ):'":; . ~j:; , 7t__, \.~ ~ ~ >:t: "-, f'n -...J .' '- .... ~.-U -.-t -< ..z::--" ~.;: SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-02513 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TURNER LYNDSEY ET AL VS MAGIC YEARS CHILD CARE ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PLUTA POLLY but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , PLUTA POLLY 14 BROOKWOOD AVENUE CARLISLE, PA 17013 DEFENDANT IS NO LONGER EMPLOYED AT THIS LOCATION. HER ADDRESS IS UNKNOWN. Sheriff's Costs: Docketing Service Not Found Surcharge So answers' /" ~---- 6.00 .00 5.00 10.00 .00 21.00 /" i<.~s'Kline Sheriff of Cumberland County CALDWELL & KEARNS 06/05/2003 Sworn and subscribed to before me this /;L e- day Of~_ .,2.uvJ A.D. n {1 '/vI..; flJ' ~d,at;" pr~ary , I ' SHERIFF'S RETURN - REGULAR CASE NO: 2003-02513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TURNER LYNDSEY ET AL VS MAGIC YEARS CHILD CARE ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MAGIC YEARS CHILD CARE & LEARNING CENTERS INC the DEFENDANT , at 0938:00 HOURS, on the 4th day of June , 2003 at 14 BROOKWOOD AVENUE CARLISLE, PA 17013 by handing to STEPHANIE SPITZ, DIRECTOR, ADULT IN CHARGE 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 So Answers: 18.00 3.45 .00 10.00 .00 31. 45 ~('?< -~~ ~ r. ~~u ?'~ R. Thomas Kline 06/05/2003 CALDWELL & KEARNS Sworn and Subscribed to before By: ~-/' Deputy Sheriff me this !:z I&- day of ~.2i1D3 A.D. n , Q 1"'1,,4,. ,Af~ '---1'F1;;othonotary . .T"'J SHERIFF'S RETURN - REGULAR CASE NO: 2003-02513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TURNER LYNDSEY ET AL VS MAGIC YEARS CHILD CARE ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CHILDREN'S DISCOVERY CENTERS OF AMERICA DBA KNOWLEDGE LEARN the DEFENDANT , at 0938:00 HOURS, on the 4th day of June , 2003 at 14 BROOKWOOD AVENUE CARLISLE, PA 17013 by handing to STEPHANIE SPITZ, DIRECTOR, ADULT IN CHARGE 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 So Answers: 6.00 .00 .00 10.00 .00 16.00 ,..,..,/ /.4 r~~./;;&-~ R. Thomas Kline 06/05/2003 CALDWELL & KEARNS Sworn and Subscribed to before By: ~~ Deputy Sheriff me this /.2~ day of ~ :.2u-a...; A.D. r) 1.L- D Yh..~' &1:' '- iI~thonotary ""f'7 L YNDSEY TURNER, a minor, by her Parents and Natural Guardians,. SCOTT TURNER, and TRACI TURNER, and SCOTT TURNER and TRACI TURNER in their own right, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : No. 03-2513 v. MAGIC YEARS CIllLD CARE & LEARNING CENTERS, INC., and/or : CIVIL ACTION - LAW CIllLDREN'S DISCOVERY CENTERS OF AMERICA d/b/a KNOWLEDGE LEARNING CORPORATION d/b/a MAGIC YEARS CIllLD CARE & LEARNING CENTERS, INC. and POLLY PLUTA ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner, Esq., of Goldberg, Katzman, Shipman, P.C. on behalf of Defendants Magic Years Child Care & Learning Centers, Inc.; Children's Discovery Centers of America d/b/a Knowledge Learning Corporation d/b/a Magic Years Child Care & Learning Centers, Inc. GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: Ilr7~3 B~~ Thomas E. Brenner, Esquire Attorney J.D. No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendants Magic Years Child Care & Learning Centers, Inc. and/or Children's Discovery Centers of America d/b/a Knowledge Learning Corporation d/b/a Magic Years Child Care & Learning Centers, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon the persons(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first class postage, prepaid, as follows: Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Date: 7!i7!OJ . GOL~ &SHIPMAN,P.C. By: ,7v - . Brenner, Esquire rr~ ~ : '"'./-, ~, (;--, o ~,: "._.~ -( c:' C'.) ,.) C?? :n lD -....) -..: L YNDSEY TURNER, a minor, by her Parents and Natural Guardians,. SCOTT TURNER, and TRACI TURNER, and SCOTT TURNER and TRACI TURNER in their own right, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA . No. 03-2513 v. MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and/or : CIVIL ACTION - LAW CHILDREN'S DISCOVERY CENTERS OF AMERICA d/b/a KNOWLEDGE LEARNING CORPORATION d/b/a MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC. and POLLY PLUTA ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner, Esq., of Goldberg, Katzman, Shipman, P. C. on behalf of Defendant Polly Pluta. GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: "1 ( J.-cl I D? BY: ~/.Ao~ . Brenner, Esquire Attorney I.D. No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendants Magic Years Child Care & Learning Centers, Inc. and/or Children's Discovery Centers of America d/b/a Knowledge Learning Corporation d/b/a Magic Years Child Care & Learning Centers, Inc. ---"... CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon the persons(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first class postage, prepaid, as follows: Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Date: { (J-q ~ GOLD~R(G'~77 & SIDPMAN. P.C. BY:~~ Thomas E. Brenner, Esquire (") r~ ;:;;;p~ :z: c; Li (J). <" . ~( ej ~> ;;0;1, . , ~ o w ~ .-, ",- ;g ";~8 ;(-..> "":",-, ;;'-?R csrn -., ":> :1] -< ~ c: r- "" <::> """'!,J -,;,,,, :.) ".. (11 L YNDSEY TURNER, a minor, by her Parents and Natural Guardians,. SCOTT TURNER, and TRACI TURNER, and SCOTT TURNER and TRACI TURNER in their own right, Plaintiffs v. MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and/or CHILDREN'S DISCOVERY CENTERS OF AMERICA d/b/a KNOWLEDGE LEARNING CORPORATION d/b/a MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC. and POLLY PLUTA Defendants TO THE PLAINTIFF: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYL VANIA : No. 03-2513 CIVIL ACTION -LAW NOTICE You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service hereof, or a default jUdgment may be entered against you. GOLDBERG, KATZMAN & SHIPMAN, P.C. ~~ZL Date: q(, /pI 0) BY: Thomas E. Brenner, Esquire Attorney J.D. No. 32085 P.O. Box 1268 Hanisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendants Magic Years Child Care & Learning Centers, Inc. and/or Children's Discovery Centers of America d/b/a Knowledge Learning Corporation d/b/a Magic Years Child Care & Learning Centers, Inc. and Polly Pluta L YNDSEY TURNER, a minor, by her Parents and Natural Guardians,. SCOTT TURNER, and TRACI TURNER, and SCOTT TURNER and TRACI TURNER in their own right, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : No. 03-2513 v. MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and/or CHILDREN'S DISCOVERY CENTERS OF AMERICA d/b/a KNOWLEDGE LEARNING CORPORATION d/b/a MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC. and POLLY PLUTA Defendants CIVIL ACTION - LAW ANSWER WIm NEW MATTER OF DEFENDANTS AND NOW, come the Defendants, by their attorneys, Goldberg, Katzman, Shipman, P.C., who state: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Defendant Children's Discovery Centers of America, Inc., a Pennsylvania Corporation, has never done business as Magic Years Child Care & Learning Centers at 14 Brookwood Ave., Carlisle. 6. Denied. Defendant Polly Pluta was the fonner Director of the facility. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Denied as stated. It is admitted that her diaper was changed at 9:30. 13. Admitted. 14. Admitted. 15. Admitted. 16. Denied. This paragraph is denied pursuant to Pa.RC.P. 1029 (e). 17. Admitted. 18. Denied. This paragraph is denied pursuant to Pa.RC.P. 1029 (e). 19. Admitted. 20. Admitted. 21. Admitted. 22. - 25. Denied. These paragraphs are denied pursuant to Pa. RC.P. 1029 (e). 26. Denied. This paragraph states a legal conclusion to which no response is necessary. 2 COUNT I 27. The answers to paragraphs 1 through 26 are incorporated herein by reference. 28. It is denied that Defendant Pluta was negligent, careless or reckless. The remainder of the paragraph is denied pursuant to Pa. RC.P. 1029 (e). 29. Denied. It is denied that Defendant Pluta was negligent. The remainder of the paragraph is denied pursuant to Pa. RC.P. 1029 (e). 30. Denied. It is denied that Defendant Pluta was negligent. The remainder of the paragraph is denied pursuantto Pa. RC.P. 1029 (e). 31. Denied. It is denied that Defendant Pluta was negligent. The remainder of the paragraph is denied pursuant to Pa. RC.P. 1029 (e). WHEREFORE, Defendant Pluta requests that Count I of the Plaintiffs' Complaint be dismissed with prejudice. COUNT n 32. The answers to paragraphs 1 through 31 are incorporated herein by reference. 33. Denied. It is denied that any actions of Defendant Pluta caused harm to the Plaintiff. In further response, it is denied that Defendant Pluta was negligent. 34. Denied. This paragraph is denied pursuant to Pa. RC.P. 1029 (e). 3 35. Denied. Defendant Pluta was not negligent. 36. Denied. Defendant Pluta was not negligent. WHEREFORE, Defendant Pluta requests that Count II of the Plaintiffs' Complaint be dismissed with prejudice. COUNT m 37. The answers to paragraphs 1 through 36 are incorporated herein by reference 38. Denied. It is denied that the Defendants were negligent, careless or reckless. In further response, the remainder of the paragraph is denied pursuant to Pa. R.C.P. 1029(e). 39. Denied. It is denied that there are any statutory violations by Defendant Pluta. 40. Denied. This paragraph states a legal conclusion to which no response is necessary. 41. Denied. This paragraph states a legal conclusion to which no response is necessary. WHEREFORE, Defendants request that Count ill of the Plaintiffs' Complaint be dismissed with prejudice. 4 COUNT IV 42. The Answers to paragraphs 1 through 41 are incoIporated herein by reference. 43. Denied. It is denied that Defendants Magic Years, et aI. were negligent, careless or reckless. The remainder of the paragraph is denied pursuant to Pa. RC.P. I029(e). 44. Denied. It is denied that Defendants Magic Years, et aI. were negligent. The remainder of the paragraph is denied pursuant to Pa. RC.P. I029(e). 45. Denied. It is denied that Defendant Magic Years, et aI. was negligent. The remainder of the paragraph is denied pursuant to Pa. RC.l). I029(e). 46. Denied. It is denied that Defendants Magic Years, et aI. were negligent. The remainder of the paragraph is denied pursuant to Pa. RC.P. I029(e). WHEREFORE, Defendants Magic Years, et aI. request that Count N of the Plaintiffs' Complaint be dismissed with prejudice. COUNT V 47. The Answers to paragraphs 1 through 46 are incoIporated herein by reference. 48. Admitted. 49. Admitted. WHEREFORE, Defendants Magic Years, et aI. request that Count V of the Plaintiffs' Complaint be dismissed with prejudice. 5 NEW MATIER 50. The injuries to PlaintiffLyndsey Turner arose from conduct and actions unrelated to her time at the daycare center. 51. The injuries to PlaintiffLyndsey Turner arose from the comparative negligence of her parents, Scott and Traci Turner. 52. The injuries to PlaintiffLyndsey Turner arose from the assumption of risk by her parents Scott and Traci Turner. 53. The injuries to Plaintiff Lyndsey Turner arose from the conduct of per sons not named as parties to this action. WHEREFORE, Defendants request that the Plaintiffs' Complaint be dismissed with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: CJ!iI,!o3 By:C~~L Thomas E. Brenner, Esquire Attorney I.D. No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendants Magic Years Child Care & Learning Centers, Inc. and/or Children's Discovery Centers of America d/b/a Knowledge Learning Corporation d/b/a Magic Years Child Care & Learning Centers, Inc. and Polly Pluta 99281.1 6 VERIFICATION I, Polly Pluta, have read the foregoing Answer with New Marter and hereby affIrm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties oflS Pa.C.S. ~4904 relating to WlSwom falsification to authorities. 'POPt~ll-tn) Polly Plu Date:0C1-0~ - O;J VERIFICATION I, verify that I am an authorized representative of Magic Years Child Care Center, Inc., that I have read the foregoing Answer with New Matter and hereby affIrm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties ofl8 Pa.C.S. ~4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties ofl8 Pa. C.S. ~4904. MAGIC YEARS CHILD & LEARNING CENTERS, INC. By: 5LepP1fll 1-4/- fL, Date: .. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon the persons(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first class postage,. prepaid, as follows: Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, P A 17110 GOLDBERG, KATZMAN & SHIPMAN '7 Date: tft b!O) By: 7 o c- ,," '- r- '" "1 J (: ~ " '~ (; ;.01 .'; i I L YNDSEY TURNER~ a minor, by her Parents and Natural G .tardians, SCOTT TURNER an TRACI TURNER, anq SCOTT TURNER an~ TRACI TURNER in "eir own right, ,Iaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2513 v. MAGIC YEARS CH D CARE & LEARNING CENTE , INC., and/or CHILDREN'S DISCO ERY CENTERS OF AMERICA d/b/a OWLEDGE LEARNING CORPO TION d/b/a MAGIC YEARS C D CARE & LEARNING CENTER , INC., and POLLY PLUTA CNIL ACTION - LAW efendants REPLY TO NEW MATTER 50. Denied. It is specifically denied that the injuries to Plaintiff Lyndsey Turner arose from co duct and actions unrelated to her time at the daycare center. 51. Denied.IThe averments contained in this paragraph are conclusions oflaw to response is deemed necessary. response is deemed necessary. 52. Denied. he averments contained in this paragraph are conclusions oflaw to 53. Denied. t is specifically denied that the injuries to Plaintiff Lyndsey Turner arose from the onduct of persons not named as parties to this action. I WHEREFO~' Plaintiffs Lyndsey Turner, a minor, and Scott and Traci Turner, respectfully request th~t judgment be entered in their favor and against the Defendants in an amount not in excess 1f$35,000.00, together with costs. Respectfully submitted, Dated: OGk:i'o Z.Lf. 2'_00 ~ By: L_ ( J tt ey J.D. #73617 3631 North Front Street Hanisburg,PA 17110 (717) 232-7661 Attorneys for Plaintiffs -" 02-562/62732 I CERTIFICATE OF SERVICE I I f1 AND NOW, t~i~ Y day of 0 ~ , 2003, I hereby certifY that I have , served a copy of the wIthin document on the following by depositing a true and correct copy of the same in the U'S'1ai]S at Harrisburg, Pennsylvania, postage prepaid, addressed to: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.c. P.O. Box ]268 Harrisburg, P A ] 7] 08-] 268 OY),)2YL: i\ 5 c::f\ 0 --' ("') tJAi1J -< N .",("'n .?I'~ ..... oe ~-_.\ .) ,,<:C, .." :F=!i JQ ::s:: -i~ C'f? 0 ; "-I ';::) ~ -' =<: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108.1268 Attomey 1.0. No: 32085 Attome for Defendants Ma ic Years Child Care & Leamin L YNDSEY TURNER, a minor, by her Parents and Natural Guardians,. SCOTT TURNER. and TRACI TURNER, and SCOTT TURNER and TRACI TURNER in their own right, Piaintiffs Centers Inc. et al. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. : PENNSYLVANIA : No. 03-2513 v. MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and/or CHILDREN'S DISCOVERY CENTERS OF AMERICA d/b/a KNOWLEDGE LEARNING CORPORATION d/b/a MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC. and POLLY PLUTA Defendants CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff hereby 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 was sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate; 3) On November 19, 2003, Counsel for Plaintiff waived objection to the subpoena being served upon Analytical Laboratory Services, Inc., Giesswein Plastic Surgery and Carlisle Pediatric Associates; and 4) The subpoena to be served is identical to the subpoenas attached to the Notice of Intent. DATE:~ G~. KATZMAN & SHIPMAN. P.C. By: U~~ IJ~ Thomas E. Brenner, Esquire Attorney 1.0. #32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants, Magic Years Child Care & Learning Centers, Inc., et al. JAMES R. CLIPPINGER CHARLES J. DEHART. III JAMES D. CAMPBELL. JR. JAMES L. GOLDSMITH JEFFREY T. MCGUIRE_ STANLEY J. A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN RAY J. MICHALOWSKI ....LSO... MEMBER OF NJ BAR CALDWELL & KEARNS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3631 NORTH FRONT STREET HARRISBURG. PENNSYLVANIA 17110-1533 November 19,2003 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 E. Market Street P.O. Box 1268 Hamsburg, PA 17108-1268 RFCFIVED NOV 2 a 2003 OF COUNSEL RICHARD L. KEARNS CARL G. WASS THOMAS D. CALDWELL. JR. /lg2B_ 20011 717-232_7661 FAX, 717-232_2766 thefirm@caldweUkearns.com Re: Turner vs. Ma ic Years Child Care & Learnin Centers Inc. et al. Dear Tom: I have no objections to your service of subpoenas upon Analytical Laboratory Services, Inc., Giesswein Plastic Surgery and Carlisle Pediatric Associates and waive the 20-day waiting period. Please provide me with copies of all records you receive pursuant to those subpoenas. Thank you for your cooperation in this regard. e y T. McGuire CALDWELL & KEARNS JMM/ 02-562/65261 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108.1268 Attorney !.D. No: 32085 AHorne for Defendants Ma Ie Years Child Care & Learnin L YNDSEY TURNER, a minor, by her Parents and Natural Guardians,. SCOTT TURNER, and TRACI TURNER, and SCOTT TURNER and TRACI TURNER in their own right, Plaintiffs Centers Inc. et al. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANiA : No. 03-2513 v. MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and/or CHILDREN'S DISCOVERY CENTERS OF AMERICA d/b/a KNOWLEDGE LEARNING CORPORATION d/b/a MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC. and POLLY PLUTA Defendants CIVIL ACTiON - LAW TO: Jeffrey T. McGuire, Esquire Caldweli & Kearns 3631 North Front Street Harrisburg, PA 17110 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PLEASE TAKE NOTICE that Plaintiff intends to serve subpoenas identical to those attached to this notice. You have twenty (20) days from the date listed below in which to file of the subpoenas rnay be served, record and serve upon the undersigned an objection to the subpoenas. If no objection is rnade, DATE: } i 1/7 jO} ~~1Z:i::MAN. PC Thornas E. Brenner, Esquire Attorney 1.0, #32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants, Magic Years, et ai, L YNDSEY TURNER, a minor, by her Parents and Natural Guardians,. Scon TURNER and TRACI TURNER and SCon TURNER and TRACI TURNER, in their own right, COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Plaintiffs : No. 03-2513 v. MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and/or CHILDREN'S DISCOVERY CENTERS OF AMERICA d/b/a KNOWLEDGE LEARNING CORPORATION d/b/a MAGIC YEARS CHILD CARE & LEARNtNG CENTERS, INC. and POLL Y PLUTA Defendants CIVIL ACTION - LAW TO: Custodian of Records for ANAL YTICAL LABORATORY SERVICES. INC. (Name of Person or Entity) SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Within twenty (20) days after service of this subpoena, you are ordered by theqourt to produce the following documents or things: Your complete file on SAMPLE NUMBER; 203838-1. PANTS SAMPLE FOR Scon AND TRACI TURNER includln but not limited to an and all corres ondence notes. reports and test results at Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268. 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: NAME: Thomas E. Brenner. ESQuire ADDRESS: 320 Market Street. Strawberrv SQuare Harrisbura. PA 17108-1268 TELEPHONE: (717) 234-4161 SUPREME COURT 10 # 32085 BY THE COURT: "---- DATE: ,.4 )(,1t>. 1:( ..:(60-3 Seal of the Court' (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND L YNDSEY TURNER, a minor, by her Parents and Natural Guardians,. SCon TURNER and TRACI TURNER and Scon TURNER and TRACI TURNER, in their own right, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : No. 03-2513 v. MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC.. and/or CHILDREN'S DISCOVERY CENTERS OF AMERiCA d/b/a KNOWLEDGE LEARNING CORPORATION d/b/a MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC. and POLLY PLUTA Defendants CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GIESSWEIN PLASTIC SURGERY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fOllowing documents or things: Your comOlete medical fiie on Lvndsev Turner. 1 01. Hilltoo Drive. Mount Hollv Sorlnos. Pennsvlvania: Date of Birth: Januarv 6. 2000 at Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268. 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. NAME: ADDRESS: THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: TELEPHONE: SUPREME COURT 10 # Thomas E. Brenner. ESQuire 320 Market Street. Strawberrv S~uare Harrisburo. PA 17108-1268 (717) 234-4161 32085 BY THE COURT: J ----- Prothonotary/Clerk, Civil Division aO.-')t7. DATE: .JDt')(J. q~ ;;)IY~ Seal of the Cou (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERl.AND l. YNDSEY TURNER, a minor, by her Parents and Natural Guardians,. SCOTT TURNER and TRACI TURNER and SCOTT TURNER and TRACI TURNER, in their own right, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : No. 03-2513 v. MAGIC YEARS CHILD CARE & l.EARNING CENTERS, INC., andlor CHILDREN'S DISCOVERY CENTERS OF AMERICA d/b/a KNOWLEDGE LEARNING CORPORATION d/b/a MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC. and POLl. Y Pl.UTA Defendants CIVIL ACTtON - LAW TO: Custodian of Records for CARLISLE PEDIATRIC ASSOCIATES (Name of Person or Entity) SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Your comolete medical file on t,vndsev Turner. 1G1 Hilltoo Drive. Mount Hollv Sprinas. Pennsvlvania: Date of Birth: January 6. 200Q at Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268. You may deliver or mail ieglble 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 iisted 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: NAME: Thomas E. Brenner. Esquire ADDRESS: 320 Market Street. Strawberrv Sauare Harrisburo. PA 17108~1268 TELEPHONE: (717) 234-4161 SUPREME COURT JD # 32085 BY THE COURT: DATE: ,AJ'){J, q J~ Seal of the Court I (Elf. 7/97) CERTIFICATE OF SERVICE I, Mary K. Ridings, Paralegal w/Goldberg, Katzman & Shipman, P.C. do hereby certify that on this J1!!!.... day of IItJVt/)l~ 2003, a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS OR THINGS was served Upon the following by depositing same into the United States Mail, first-class mail, postage pre-paid, to: Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 GOLDBERG, KATZM. SHIPMAN, P.C. BY: ."--- , PARALEGAL RENNER, ESQUIRE CERTIFICATE OF SERVICE I, Mary K. Ridings, Paralegal w/Goldberg, Katzman & Shipman, P.C. do hereby certify that on this ~ day of NIJII~2003, a true and correct copy of the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA TO PRODUCE DOCUMENTS OR THINGS was served upon the following by depositing same into the United States Mail, first-class mail, postage pre-paid, to: Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 I GS, PARALEGAL S E. BRENNER, ESQUIRE ) , .. ,I.' ;:.1 .:] -< :::J <n L YNDSEY TURNER, a minor, by her Parents and Natural Guardians, SCOTT TURNER and TRACI TURNER, and SCOTT TURNER and TRACI TURNER in their own right, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2513 VI. MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and/or CHILDREN'S DISCOVERY CENTERS OF AMERICA d/b/a KNOWLEDGE: LEARNING CORPORATION d/b/a MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and POLLY PLUTA CIVIL ACTION - LA W Defendants PETITION TO OBTAIN COURT APPROVAL TO SETTLE THE CLAIMS OF A MINOR AND NOW, come the Petitioners, Lyndsey Turner, a minor, Scott Turner and Traci Turner, her parents and natural guardians. and file the within Petition to Obtain Court Approval to Settle the Claims of a Minor; and in support thereof aver as follows: 1. Petitioner Lyndsey Turner is a minor who resides with her parents and natural guardians at 101 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. Lyndsey was born on January 6,2000, and is four years of age. 2. Petitioners Scott Turner and Traci Turner are the parents and natural guardians of minor Petitioner Lyndsey Turner, and reside at 101 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. Defendant Magic Years Child Care & Learning Centers, Inc., is a corporation 2 duly organized and existing under the laws of the Commonwealth of Pennsylvania with a place of business at 14 Brookwood Avenue, Carlisle, Pennsylvania 17013. 4. Defendant Children's Discovery Centers of America, Inc., doing business as Knowledge Learning Corporation, also doing business as Magic Years Child Care & Learning Centers, Inc., is a Delaware corporation licensed to conduct business in Pennsylvania, and in this instance was doing business as Magic Years Child Care & Learning Centers at 14 Brookwood Avenue, Carlisle, Pennsylvania 17013. 5. Defendant Polly Pluta is the former Center Director of Defendant Magic Years Child Care & Learning Centers at 14 Brookwood Avenue, Carlisle, Pennsylvania 17013. 6. On or about the morning of October 9,2001, Lyndsey was in the care of Defendant Magic Years Child Care & Learning Centers, Inc. 7. At or about 11 :00 a.m. on October 9, 2001, Lyndsey began crying and tugging at her diapers. 8. At or about 11 :00 a.m. on October 9,2001, Lyndsey underwent a diaper change, at which time Ms. Liz, a staff member of Defendant Magic Years Child Care & Learning Centers, Inc.., completed an "Ouch Report" that indicated, "on her right leg skin appears to be coming off, red blistery skin, while I was changing her." 9. With Petitioner Traci Turner's approval, Defendant Pluta washed the area on Lyndsey's leg, but several minutes later the reddened area had spread and had also appeared on Lyndsey's other leg. 10. Petitioner Traci Turner picked up Lindsey and rushed her to her pediatrician, Dr. Lynn Hoffman. 3 11. Dr. Hoffinan diagnosed Lyndsey with a chemical burn and treated her with bum cream. Copies of minor Petitioner's medical records detailing the initial treatment of her injuries are attached hereto as Exhibit "A". 12. On Dr. Hoffman's referral, Lyndsey presented to a plastic surgeon, Peter Giesswein, M.D., on January 22, 2002, who treated her scarring with a compression stocking. Copies of minor Petitioner's medical records detailing Dr. Giesswein's treatment are attached hereto as Exhibit "B". A photograph of Lyndsey's scar is attached hereto as Exhibit "C". 13. To date, all medical bills of minor Petitioner Lyndsey Turner have been paid. 14. In an effort to settle this case, the parties have agreed that the sum of Twenty-seven Thousand Five Hundred Dollars ($27,500.00) will be paid by Defendants to Lyndsey Turner, a minor, in exchange for a release of all claims. Insofar as execution of the Release requires the Court's permission, attached as Exhibit "D" is an unsigned copy of the Release that has been proposed. 15. The $27,500.00 is to be paid as follows: a. $7,455.36, shall be paid upon the Court's approval of this petition for the payment of attorneys fees and costs. b. $20,044.64 shall be paid to purchase a guaranteed annuity from Allstate Financial, with an address of 31 00 Sanders Road, Suite M3B, Northbrook, Illinois 60062-7154, through an individually designed settlement designed by The Pension Company, 101 West Elm Street, Suite 230, Conshohocken, Pennsylvania 19428. 4 Distributions from the annuity will be made to Lyndsey in four equal annual payments of$10,126.70 beginning at age 18. All payments will have been made before Lyndsey turns 22 years of age. The total yield from the annuity is $40,506.80. c. The total of the immediate cash payment and annuity distributions to Lyndsey equals $47,962.16. A true and correct copy of the Individually Designed Settlement Agreement distribution schedule is attached as Exhibit "E". 16. The Petitioners believe that the settlement enumerated in the Petition is fair and equitable and in the best interest of the minor Petitioner, Lyndsey Turner. 17. Defendants have offered to pay the sum set out in this Petition toward an amicable resolution of the claims and in exchange for Court approval and a properly executed release of claims. WHEREFORE, Petitioners respectfully request this Honorable Court to enter an Order approving the foregoing compromise settlement, directing the distribution of proceeds thereof as set forth above, authorizing Petitioners, upon payment of the aforesaid sums, to execute a full and final release on behalf of minor Petitioner. Respectfully submitted: Dated: jt/o~ By: Je . McGuire, Esquire torney J.D. #73617 3631 North Front Street Harrisburg, PAl 711 0 (717) 232-7661 Attorney for Petitioners 5 VERIFICATION We verify that the averments in this document are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: \ '3\OS By: ~~.\~.. Scott Turner, a parent and natural guardian of Lyndsey Turner, a minor Date: (5 Jcs- G~Q~ By: Traci Turner, a parent and natural guardian of Lyndsey Turner, a minor CERTIFICATE OF SERVICE AND NOW, this 'l-l-- day of ~IA~\ ,2005, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the u.s. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 E. Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 CALDWELL & KEARNS By: \ 0) . · ". ^ (\)~ VV)- ) , ) ~~r" 02-562/82218 ----------------,------ --------.-- Jf9 __5..:.~J-~---~of':h--~.J "-l~_ A~_Lh~----.-------_-----~---~--------~ Y,~ 1ft. 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EXTAEM !.. -oo.. i . ~; )r~~"'J~j~lI(--2'-rL/':> L .__.___.:,,__._ ...: X::%"_.L&:--- . r : ( . t~__--.__.-l _........--...... _.........i..._~__.____~ I Ii' C-~.'~=I~~~=_ L__.._~J , t I ~ ~ ~. Lv, ,,d ""~u 3(, hf 00 ) :-d.u~hf )}r-t) ec.----v' /(,--.Jr. ~ Tit.-;,-1? 8P ~ .. ~1 m.:..,j'~;-:,:\L [~-=-=L <:=:J.~=-=.~~'~ ~_. (~; ,_ ..~-+.._..I__.___.". _-!... _._.! flr.A.c..,; 01 .,tI-l..... :".,.... ~. v , ':':;~~' I I - J./ / -' ...... ~ ~--_._---{ ,-.--"'---.... r~~- ~~'~--""~.. r.;~,...;~ !.__....i..~~:_.._.t~__, Cc....~~'" Tt~ ::~! ~T i I - t ~ r-"-'~--! ~-'::'~(' -.-. . /';[:.:: :-.. '---.'r"'~'-"', ._u____._.'. LU,:. '. ~~_._.--'...~.~"._:..."_~<<"...' ~boo', 11 w~ ~!~'!'r-i; I : ! 0 ;..'~:r) !.~~.' .~_~.~: ...~.'_:.' r P.: .i..,. 1.~c.:.:: . .. _ .0.. , .0 .. o. @~((.. ~)';"'fP~'.';._~ !'lr~_1 -., ,-I. 3t.,;1'l ~ "\ u...... QL;t-o \AA >ol r Cv -t' -7 ~ 101,. '("" Ci~.:(", t Iod~ _='\;: ((...v....~ "i~~ ~..;. k..c.-\ Z .K.-.,\Ao...... ? -u,tMlL .A.JcJt'~ .{." 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NT 2-2.1-02- HT TS,:;P r:~ U, :.,::_..-_____:... . .....~L4' ('~.~. .,_....~~ ~~~!~2.;,~. ;_~~~.~.~. :-..~~..:'.~_.;~:-.~~~l~ 7Jrr- ~ . r~' _; - t,.' - ' ~n vc. -.. - - s' .----.- (/J,o lu/:v, -0"'- AtfWl',-J o~/"'tI"'" .(,.lJ-z, ~ t", ~, C'~-.J"~'- - D:' Srr.; 72'-If:.. '( ), ~ f;___lr'C,_ --------.----.------.----..----.--.------~( -r-7---- ----.- -- .----- - if. /'fu, oj 1-"",("..,.. ~ .. <M""'(Vf-'< ./' ~ __- :J lMN CS "F&~ PedIatric Assoc. fii)4 Belvedere Street CarliSle, PA 17013 1,' ',,: , ~ " r '\.-.'. , L~;;':~:::, } :. I r. .~~ j,:~D C:-,'(i', ::..' ",r', ," , . r- ~::;.J: <-.. :~)~Io.:H ;- .~ -~ '. c'-'-"'~ h_... . '- ~.-: :., ~~~ It{" (. ;; /lvtt WJG(., f.lr:;- .~ ~ (.-,.0"'" 'I - If -OJ...- I- t'l/1v!St.''j '" L.t1;,-. ~~ !),. . ~'-.l-o \I ~ <A'''' 0." H 1 f-- ~cll..., r ...Jt"-Io v - 4 ~ CO" 1, wi!.' L "C4Uil /J.tt ~ ,J{CA; H<<cU ;;J (fiJ ItuM ,::",..J ~r/ <<Jv.y M/~;r;J.. . u -Ioc.Ic:..."., ~ ~ UWu~ ~ ~~i~~C$ :u~ iJil}f!::;.J.~(~ ~ rlMfi) ~ ~:" m . '.. fie BF iMP, PLAN' --'.ji7ft){) 2 ~ ~ ~ J _ ) ~i' JM - A- 20-07 -Cn) e.ye die. . iT "'. ~ \lENE~AL c.'\~[; EYES NOSE Tt ;no.~"; ~'.~-:-("":/ i.. ~ -' {-i-,_: ,':;, ~lt:.^.f;-r ABD Gf.: r rr. ,,-XTflEM NEURO. _,to.! i\\l? ; E~;~F1 ,to. t :l;' t", ~ :V;;:S IC-:?: r h, ,~; --; lFC:'~ 1..:..::,::0: ~;::;-.'.' hJ.("~. GF":;-. ~.~.. ,'f: .:, ; 11:'..;'-'( + D :.---r~~~f=: ~:.'. ,I ==~1~~f-~~':-'.-' i ,-=--==r.~--.~:~~:-~= t , 1 : 1 , , --.----r~..... .-~......-: .~.~ -. .....~. i f'--'--":"-' .~. ".--" - -- 't-..~----~_._- ~ , I i 1 . -."-.. - -.. "..,.. .....- .' , .--r-------.~~---ij.------~~---------- " " '- ~ ....~ -~,._"-- --... -~ ; ; / , '2__C'.-j ~ j +~ <..-"1>(7 ~ /1 ~ vL1 'I.. fpt.-w l' ;I J r;/ ~ I 0 )nn1 no~ f~ Vl/UL;><~, JJJ PJ.~" -0JJvfJ~ . 5 J-z1h ~ t\ t. ~ 5( ~lA., ~ Xl ~ \A ifo-ey. . eL()~ ClL.-J U Be - to i '-l---~J---=.l :~=~'--:----:'~~-.---.m~ ~ .pJ!R. '[ p(.'~, ; ; tP- 1 ,~.- ~. ,/.. -----..--, . ~~ C /;j III ~ I ,.___1 I U::1 ...... ~---n-_n-:_.--~--t------. ~ DIe f. C~~I . I L___._, ',\,,;;:) ./ _ : -------'--------1 i J ~ t--'-(l ! .....- , -l v :_~~_m _!-._~~~~=l(1f<_y?.J ;- __ ._n:_______~_\_#k~ I.H. -! I \ 1 __ no_ - -:-- -----T ' ! ; I I ~~-~~_ ~~_~~_==~~:---- J ! i --~--,---...----_. .' ~i~1 ~_t___~ _ L__ . / 05 ,~uuJ)).5v-;~p JJ:py~~/ . . . (!? ~ v: ~-vA,--. I./VL /J~ 1>7<---. c--..J ~ e:Ju -rtO .J~ ~~ (7/\/\. /)/\ . Q'i) tr f 1/ "-- @()/I i C~~J' l~~ y~ 3CHiL--- -'" r(~ f2e. d \r0vbA-.---- v~ (~ fJ~ ~ J-- , Consultation Note Patient Name: Lyndsey Turner Date: January 22, 2002 Chief Complaint: Scar, right leg. HPI: Lyndsey is a two-year-old Caucasian female who presents with her mother for evaluation of a scar on the right leg as the result of a burn that she sustained three months ago. She was referred to me by Dr. Hoffman. PMH: Is unremarkable. The patient has always been very healthy, After birth, she thrived well. She was a full-term baby. Medications: None. Allergies: None, The ROS and past medical conditions was done. FH: Is positive for cancer. Father and mother are in good health, Examination: Two-year-old playful girl in no acute distress. The patient has a small burn scar on the right leg with slight hypertrophic scar formation. The area does not show, however, any keloidal formation. It does not seem to be irritated and palpation does not cause any pain. This scar is firm, but not hard. It is movable within the confines of the skin. I talked to mother in great length about this finding. Plan: I recommended the use of Mederma and I gave mother some samples. I would like to see Lyndsey back in about three to six months unless there's a problem in which case motqer knows to call me before. . Peter Giesswein, M.D. PG/nar -' DEA' GIESSWEIN Pv.snc SUAGER't' PETER GIESSWEIN. M.D. CENTER FOR CoSlolEl1C ANO AECOHSTRUCnYE SuAoER't' 5 BROOKWOOll AYfNUE 3514 TIINDU FIoAD CARLISlE. PA 17013 C_ Hlu. PA 17011 717-249-2424 FAll: 717-249-4534 NAME ~/'J/}?/#~~ ADDRESS ~ / / ?C/~~~/ lMTE 'r-I c' . C:c-_ 8 (Please Print) &/ 4--c~~--3'c' r h7C~.?- /';;, ,j'C/I/? (iv' L-LZ; ) [-10 \ , '" ) / , r~/~C c/ifi-t ~~r' f /:-r'i/::"~ re::~c;-z, Yt:'tI/;';;[ 1"1 , k . J ' ,~ ,,1tf/t,. REFOU nUES PRN NR / / SUBSTITUTION PERMISSIBLE M.D. IN OAOER FOR A BRAND NAM RODUCT TO BE DISPENSED. THE PRESCRIBER MUST WRITE BRAND NECESSARY OR BRAND MEDICAllY NECES RY IN THE SPACE BELOW. 1S.MA,R-01 OI-IOO732ll1o-3-2430IUllI65 / DEAl G.ESSWEIN p~l1C SIlRGE"" PETER GIE$$WEIN. M.D. RECOKS'lltJClIvE SuFIGE"" CENTtR FOI\ (;OSIAEllC AIIO 3514 TRINOI.E RoAD 5 eAQOl<WOOO ",vENlJE CAYI' HIll.. PI' 17011 CARUS.E. PA ':~;~49'2424 FAA: 111-24~S34 NA..E L ~ 1'\fl5~ Y .J(H ne ( DAn !:ll ~ ifl ;:1 & (Please Prinl) AOOAESS Dx t;V(y) (--7r-.i DEAl G'ESSWEIN ~TlC SuFtGEm PETER GIESSWEIN, M.D. CENTliR FOR CosMEl1c AND RECONSTRUCTIvE SuRoEm 5 BAOOo<WOOO AIIENUE 3514 TM<<llE RoAo CARlISlE. PA 11013 C_ HIll. PI' 17011 117-249-2424 FAA: 117-24~S34 NAME LY1'\dszy TUrner o..n 4 / ~ lOt;;) ADORESS 8. (Please Print) riJh t- 'J ox: bv(y1 S'CiJ\J ( (o/ . L{. ) fV1( ~ 5i)( t ~ ( Jobs+ c ~JI1f('ess/O'1 SA( J"tfi1+ ( A 1/500) / / ./ ~EF1U. _ TIlOES PAN NR ;/ ~~"--M.D. ODUCT TO BE DISPENSED. ITE BRAND NECESSARY OR Y IN THE SPACE BELOW. ;UBSTITUTION PERMISSIBLE ... ORDER FOR A BRAND NAME HE PRESCRIBER MUST HAN RAND MEDICALLY NECE MAR-o, O'-'OO732ll'G-3-2430CUI055 5uJ flJhf- I:; LJ.) -:Jobs+ (v/ll{rfSs/o'1 ,. .I , ./ ,~~#77'l,/"'M.D. ~DUCT TO BE DISPENSED. rE BRAND NECESSARY OR THE SPACE BELOW. O,,'OOnl8'G-3-2'--0065 clA ~ -t~- -:It J - 3 00 ~ 3 Y 5_ ~ C, 4~ ) TELEPHONE: (717).249-~ FAX: (717) 249.4534 DEA #_ l:1C. #MD040737L GIESSWEIN PLASTIC SURGERY PETER GIESSWEIN, M.D. CENTER FOR COSMETIC & RECONSTRUCTIVE SURGERY 5 BROOKWOOD AVE., SUITE 1 CARLISLE, PA 17013 NAME L.'{ II J5~y Tl-\{ ^~ ADDRESS 3514 TRINDLE ROAD CAMP HILL, PA 17011 :ij DATE / AGE '? I~ /61- o LABEL , . SIC, {.At"./ REFILL.O . 1 . 2 - 3 - 4 - PRN { ~ 51 (f{j1,'L ~S .14 ~ SUBSTITUTION PERMISSIBLE , M.D. IN ORDER FOR A BRAND NAME PRODUCT T BE DISPENSED, THE PRESCRIBER MUST HAND- WRITE "BRAND NECESSARY" OR "BRAND EDICALLY NECESSARY" IN THE SPACE BELOW. - Pro!Jrerr NotM DATE L~flJ S t 1 l\lf y\{ ( ~I BIRTHDA~ \/0(0100 Important: Please date and initial every entry. I PAGE - PATIENT NAME Lyndsey Turner 04/02/02 S: The patient is asymptomatic. 0: The scar on her right leg has improved. It is softer and flatter. It does not appear to be as red as initially. The patient, however, apparently cannot tolerate the Mederma well. Mother reports that there is at times irritation of the skin. P: I, therefore, discussed with her the use of a Jobst compression garment. I described its use and how to ap ly it. I wrote a prescription for mother to see Mr. Tom Beierschmitt from Occupational Therapy at Holy Spirit Hospit I will see the patient back in two to three months unless here's a problem in which case mother knows to call me. PG/nar I Lyndsey Turner 06/04/02 S: The patient feels comfortable. 0: The scar on the medial right leg has already greatly improved. It is softer, flatter and not quite as red. The ROM of the knee is unaffected as it was before. Palpation does not cause any discomfort. P: I instructed mo Jobst compression in three months u to call. PGjnar her to continue using the Mederma as well as the stocking. I would like to see the patient back ess there's a problem in which case mother knows ~ ?YDJYfU~ NDm '20381 - Medical Arts Press '-800-328-2179 '--"" Pro!jrerr NDter JPAT"NT~ ~ '-fnds<'I ~IBIR70;tt1d !PAGE_ DATE I Importa~t: Please date and initial every entry. 1J~/tr V fi"ikJ 1.11 <;CQA bU/1f"\ ~ 3''Vl~As If?O f--~i/~~ It{~^ HofFm"o J i / d-!O~ n/ I!J Il? >-{<,!,,,, ~d",_" tJ/~..2 ,-Scr'f.-t far :JlJbJf CfJtrlf(tSSJIJI1 .c;..y,nlP-nf uJQ5 /J.xeJ '7:a.j.,Wht fc '(!,rfl nJ; tJevAard "--t W~55prtJffs Ai '#: Of 7.5'- ?1~~. An.. ~1/3/o'd jOk. 6o,",;.<<rb,~;j-l JoJ '-7 I.,) 6;,> 1/.,,,.,,) kt1f -h.:rd ~,)P) 6 T ---[;_l1..(.Q"") k r'?"~ rT I ~At:Wl:i~( ~_ ~~I./~ . ~O~7f( (2': l..LJ-u..ql{{bLj~'fJV'~ ~tc/ 01.11-' bf.~'JI-1- .' "uJl7<.{J'-.J". ft, ~f)f.PI' I.i. ,-1.(lJ-fALt{~ /1.t-~ ~y rWd/M~ (I~ /({;"(y,J 7 ~'1 ) ~ _ c:y) (:~ J tu-yr ~ ~LJ rib{ot<'. r- ~ '-i/'h/aJ. 'ofV'. &~~(~chm;'f+ r~J ~d ~ kfJ v" Know th~+ ht riftS mi- W:J,{i.l' ./)ef~ G\0thori 7\ti\.~oY\. 'le~ ~,SlLt the- f1-" bef'I-I!>( Ai,"oS JVS+ d.o;'1.' .aJ\ Ob5trV&t--hon I,~~T ClnJ wi! /1fJt be J,///:,y,/-k/ It/SD, ~rlJl{cI, Irom. WA..s.sero"H5 f.lUT11 be. d~ifJtI Iv Mll f~ hHs n0/11 t f-o -h'f- fUr Io-r tAL trobsf- C?lY\.fl'l5S/bi1 .'JtArJ11t'nl-~. ~/s/o).. t" 5~oK~ r_ (Ltntt.. IA.+ U:.,..(j-h J\.rhl,('\~ io fr~c.err th.L., )):l\u,,n \orv"'pftS~10r\ ~t\.tll\t,,+- fN,,n \).~<;.<j{('Otf-s. 1l1t fryc(rl-# 1.$ 44/534$/, /Alt2- / It . J r,}flc '- (-<'./ ({C) G, 'I v" eo (.. 1,J (OV'v7 p?'-\ ,c..-, 7CL1;VUL)- t. . / 0 V ~/..,iY;J, w./ LI?) (......:s {A": ~ffhr,v4/}c., ~ ~' -~:" ',lCtflp~' t4/r~adt:z A~~ctt 4u1 tl5t1l ~ ofYP1 Vh .4PnlC. t:(1\.a:J ~ Y //UfM c,?n .//Jay';7 u-cao r , h, ~f/a1~m~,r'i lin/'? ~t?h . ~ dJ!:- (fPhfl,/ ~n./J!U?7~t;t ~;Mtl4J I ~.? :f~;4 f7 - j//ah.' ~~-' /5m~ht' t/tt&'hrl ','4r~f ~~. 1:1 . /!rVtJ .am~tafk- //ffl/lFlPY; c~ - ~4'1'a4f /(t/~ . I1c'KY ?~;YfU; NDm j!r() - J ~ ( Confidential) Patient Name_ J... y 11 d 5 e 'I ~ r n e r Today's Date Age_ d. Birthdate I / U 100 Date of last physical examination What is your reason for visit? _ .:3 (Q.I(,., ""',.A...,t fj U (~. Symptoms GENERAL o Chills o Depression o Dizziness o Fainting o Fever o Forgetfulness o Headache o Loss of sleep o Loss of weight o Nervousness o Numbness o Sweats MUSCLE/JOINT/BONE Pain, weakness, numbness in: o Arms 0 Hips o Back 0 Legs o Feet 0 Neck o Hands 0 Shoulders GENITO-URINARY o Blood in urine o Frequent urination o Lack of bladder control o Painful urination UndiEiblU OAIDS o Alcoholism o Anemia o Anorexia o Appendicitis o Arthritis o Asthma o Bleeding Disorders o Breast Lump o Bronchitis o Bulimia o Cancer o Cataracts M~fU Pharmacy Name I /,,10 ~ Check (.I) symptoms you currently have or have had in the past year. GASTROINTESTINAL o Appetite poor o Bloating o Bowel changes o Constipation o Diarrhea o Excessive hunger o Excessive thirst OGas o Hemorrhoids o Indigestion o Nausea o Rectal bleeding o Stomach pain o Vomiting o Vomiting blood CARDIOV ASCULAR o Chest pain o High blood pressure o Irregular heart beat o Low blood pressure o Poor circulation o Rapid heart beat o Swelling of ankles o Varicose veins EYE,EAR,NOSE,THROAT o Bleeding gums o Blurred vision o Crossed eyes o Difficulty swallowing o Double vision o Earache o Ear discharge o Hay fever o Hoarseness o Loss of hearing o Nosebleeds o Persistent cough o Ringing in ears o Sinus problems o Vision - Flashes o Vision - Halos SKIN o Bruise easily o Hives Ditching o Change in moles o Rash ~cars o Sore that won't heal MEN only o Breast lump o Erection difficulties o Lump in testicles o Penis discharge o Sore on penis o Other WOMEN only o Abnormal Pap Smear o Bleeding between periods o Breast lump o Extreme menstrual pain o Hot flashes o Nipple discharge o Painful intercourse o Vaginal discharge o Other Date of last menstrual period Date of last Pap Smear Have you had a mammogram? Are you pregnant? Number of children Check (.I) conditions you currently have or have had in the past year. o Chemical Dependency o Chicken Pox o Diabetes o Emphysema o Epilepsy o Glaucoma o Goiter o Gonorrhea o Gout o Heart Disease o Hepatitis o Hernia o Herpes o High Cholesterol o HIV Positive o Kidney Disease o Liver Disease o Measles o Migraine Headaches o Miscarriage o Mononucleosis o Multiple Sclerosis o Mumps o Pacemaker o Pneumonia o Polio o Prostate Problem o Psychiatric Care o Rheumatic Fever o Scarlet Fever o Stroke o Suicide Attempt o Thyroid Problems o Tonsillitis o Tuberculosis o Typhoid Fever o Ulcers o Vaginal Infections o Venereal Disease List medications you are currently taking. Atler!JiM Phone H~ himry 0'1 ef ~ *20376 - Medical Ar1s Press '-800-328-2179 FtUHily HlrtDry Fill in health information about your family. Father ~ I Mother :31 State of Age at Health Death 'ioce! ft!J~J Cause of Death Check (.I) if, your blood relatives had any of the following: Disease Relationship to you Arthritis, Gout Asthma, Hay Fever / Cancer Mcd enu<l 9-~C',tftrq ><I fcd h50 Relation Age Brothers Chemical Dependency Diabetes Heart Disease, Strokes Sisters High Blood Pressure Kidney Disease Tuberculosis Other Hor~alWuiolU Pr~~ Year Hospital Reason for Hospitalization and Outcome Year of Sex of Birth Birth Complications if any H~ Httbits Check (.f) which substances you use and describe how much you use. Caffeine Have you ever had a blood transfusion? If yes, please give approximate dates DYes G1"1\Jo Tobacco Drugs Other Serious Illness/Injuries Date Outcome o~w Check (.f) if your work exposes you to the following: Stress Hazardous Substances Heavy Lifting Occupation Other I certify that the above information is correct to the best of my knowledge. I will not hold my doctor or any members of his/her staff mspon,;():: en 0' omi"ion, that I may have made in the completion of thi, fmm. I ;, I;'';' Signature Date Reviewed By /""". Date " RELEASE AND SETTLEMENT AGREEMENT I. RELEASE AND SETTLEMENT A. THE UNDERSIGNED, Lyndsey Turner, a minor, by and through Scott Turner and Traci Turner, parents and natural guardians of Lyndsey Turner, a minor, and Scott Turner and Traci Turner, individually, and by these presents do for ourselves and for Lyndsey Turner, our heirs, executors, administrators and assigns, ("PLAINTIFFS") on this day of January, 2005, for and in consideration of the sum of $7,455.36 up front cash paid to us or on our behalf for Lyndsey's legal expenses, paid to us by Magic Years Child Care & Learning Centers, Inc., and/or Children's Discovery Centers of America d/b/a Knowledge Learning Corporation d/b/a Magic Years Child Care & Learning Centers, Inc. and Polly Pluta ("DEFENDANTS") and the sum of $20,044.64, to fund the periodic payments as provided for in Section 104, Subsection (a) (2) of the Internal Revenue Code of 1986, as amended, specified in Section II, paragraph F of this AGREEMENT, which DEFENDANTS contract and agree to payor cause to be paid to the persons or entities named in Section II, paragraph G, the receipt and legal sufficiency of all of which are expressly acknowledged, does hereby forever RELEASE, ACQUIT AND DISCHARGE DEFENDANTS and their servants, agents, officers, attorneys, claim adjusters, successors, heirs, assigns and all other persons, firms or corporations, from any and all claims, actions, causes of action, damages, liens of every kind and character, and/or other obligations of every kind and character, including all expenses incurred or to be incurred, on account or arising out of or in any way related to any and all injuries or damages to me, as a result of all occurrences involving PLAINTIFFS and DEFENDANTS on or about the 9th day of October, 2001, at Magic Years Child Care & Learning Centers, Inc., 14 Brookwood Avenue, Carlisle, Cumberland County, Pennsylvania. B. THIS RELEASE IS INTENDED TO AND DOES COVER ALL CLAIMS FOR INJURIES AND/OR DAMAGES, WHETHER OR NOT KNOWN TO THE PARTIES AT THE TIME THIS SETTLEMENT AGREEMENT IS EXECUTED, WHICH HAVE RESULTED, MAY HEREAFTER RESULT FROM, MAY HAVE BEEN, OR MAY BE CLAIMED TO HAVE BEEN CAUSED BY OR RESULTED FROM THE DESCRIBED OCCURRENCES. C. As additional consideration for the described payments, PLAINTIFFS, for themselves, their heirs, executors or administrators, and assigns, agree to and do indemnify and hold harmless DEFENDANTS and all others released by this AGREEMENT from any and all claims, demands and causes of action or any nature or character which have been made, or which may in the future be made by any person, firm or corporation claiming by, through or under them, including, but not limited to, all hospital, medical or other expenses or liens which are or could be asserted. II. PERIODIC PAYMENTS A. Notwithstanding any other provision of this AGREEMENT, DEFENDANTS are and will remain contractually responsible for all periodic payments under this AGREEMENT. B. DEFENDANTS agree that PLAINTIFFS (to whom, or upon whose behalf, the periodic payments contracted for in the AGREEMENT are to be made) made claim against DEFENDANTS for damages arising from or involving physical injuries or physical sickness. Those claims, among others, are being released and settled by this AGREEMENT. C. The Parties further agree that all periodic payments specified in Section II, paragraph F, of this AGREEMENT are being funded by the purchase of a "Qualified Funding Asset," as defined in Section BO(d) of the Internal Revenue Code of 1986, from Allstate Financial, which will provide for payment of the periodic payments, DEFENDANTS will be the sole owner of the "Qualified Funding Asset." DEFENDANTS guarantee that the periodic payments will be made as specified in the PERIODIC PAYMENT SCHEDULE. D. PLAINTIFFS agree: (l) that DEFENDANTS are not required to set aside specific assets to secure the periodic payments; (2) that the periodic payments cannot be accelerated, deferred, increased or decreased by PLAINTIFFS; and (3) that the periodic payment(s) shall not be, and cannot be, subjected in any manner to sale, transfer, assignment, pledge, mortgage, encumbrance, lien, collateral, or any similar transaction. Any attempted sale, transfer, assignment, pledge, mortgage, encumbrance, lien, collateral, or similar transaction is void. E. PLAINTIFFS shall have no legal, equitable, vested, or contingent interest in the "Qualified Funding Asset" and their rights against DEFENDANTS, the company from whom the "Qualified Funding Asset" is purchased, or against the "Qualified Funding Asset" will be solely those of a general creditor. F. PERIODIC PAYMENT SCHEDULE: $10,126.70 annually, for only 4 payments, guaranteed, beginning on January 6, 2018 G. THE PERIODIC P A YMENT(S) WILL BE MADE PAYABLE TO: Lyndsey Turner H. Any periodic payments to be made after the death of the PLAINTIFF, Lyndsey Turner, under this SETTLEMENT AGREEMENT will be made to the Estate of Lyndsey Turner, as designated at the time of settlement (or in writing from time to time thereafter) by said PLAINTIFF, upon attaining the age of majority, and delivered to DEFENDANTS. Ifno person or entity is designated by said PLAINTIFF, or if the person or entity designated is not living at the time of said PLAINTIFF'S death, the payment will be made to the Estate of said PLAINTIFF. III. GENERAL PROVISIONS A. It is expressly understood and agreed that this settlement is a compromise of a disputed claim, that the payments provided for may not be construed as an admission of liability by DEFENDANTS, and that DEFENDANTS expressly deny any liability to PLAINTIFFS. 2 B. PLAINTIFFS covenant that no representations or promises other than those expressed in this SETTLEMENT AGREEMENT have been made to them in regard to this settlement, that they have carefully read and fully understand this SETTLEMENT AGREEMENT, and that they understand that upon execution of this SETTLEMENT AGREEMENT, all rights, claims or demands PLAINTIFFS may have against DEFENDANTS, except the contract to make periodic payments included in this SETTLEMENT AGREEMENT, are completely extinguished. C. SETTLEMENT AGREEMENT is to be construed and interpreted under the laws of the Commonwealth of Pennsylvania. Pennsylvania Statutes, Chapter 18, Section 1822 states: "Any person who knowingly and with intent to injure of defraud any insurer files an application or claim containing any false, incomplete, or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and payment ofa fine of up to $15,000." EXECUTED BY ALL PARTIES as of the date first stated above. PLAINTIFF: Lyndsey Turner, a minor PLAINTIFF: Lyndsey Turner, a minor Scott Turner, individually, and as parent and natural guardian of Lyndsey Turner, a minor Traci Turner, individually, and as parent and natural guardian of Lyndsey Turner, a minor WITNESS: WITNESS: DEFENDANT: Magic Years Child Care & Learning Centers, Inc., and/or Children's Discovery Centers of America d/b/a Knowledge Learning Corporation d/b/a Magic Years Child Care & Learning Centers, Inc. By: WITNESS: EXECUTED AT JANUARY, 2005. , THIS DAY OF 3 . DEC-20-2004 14:51 THE PENSION COMPANY ~AllstClI~. FINANCIAL . 610 260 6751 c/o Structured Settlements Dept. 3100 Sanders Road Ste. M38 Northbrook, IL 60062-7154 STRUCTURED SETTLEMENT ANNUITY QUOTATION Allstate Life Insurance Company Assigned: Y State of Owner: NE Rate Code: 7MEWTX9 Initial Pay start Cert. Date payts. End Date T Pay vpe Freq. Annuitant Name: Lyndsey Turner Sex; F DaB: 01/06/2000 10,126.70 C A 01/06/2018 4 01/06/2021 Funding on: 02/15/2005 Quoted On: 12/20/2004 Effective: 11/11/2004 Incr. Incr. Iner. DIg I $ freq. Payts. Price Rated Age: 5 19,795 Subtotal: Assignment Fee (Me): Total Price using 7MEWTX9 rates: $19,795 $250 $20,045 P.01 I' (. ~~-:~ o ;-~ ~~.: :,1 -( to,,) C.:., C:--:"') c....~1 o .i c...... :;r-.,. _C~ ."'-- -;-f fl"i7} CJ -'-, ,", . .~:) (:.) ';j ~_..::. ("0 ~ n r.", \.0 :~-,.' ..,<~ o JAN 1 1 2005 ~r LYNDSEY TURNER, a minor, by her Parents and Natural Guardians, SCOTT TURNER and TRACI TURNER, and SCOTT TURNER and TRACI TURNER in their own right, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2513 v. MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and/or CHILDREN'S DISCOVERY CENTERS OF AMERiCA d/b/a KNOWLEDGE: LEARNING CORPORATION d/b/a MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and POLLY PLUTA CIVIL ACTION - LAW Defendants ORDER AND NOW, this l'~ rL day of J 2;, v 2-.J"") ,2005, upon consideration ofthe within Petition to Settle the Claims of a Minor it is hereby ORDERED and DECREED that the settlement is approved. Payment of funds to minor Petitioner under terms of this settlement are to be paid as follows: I. $7,455.36, shall be paid to minor Petitioner for the payment of attorneys fees and costs. 2. $20,044.64 shall be paid to purchase a guaranteed annuity from Allstate Financial, said company having an address of 31 00 Sanders Road, Suite M3B, Northbrook, Illinois 60062- 7154, through an individually designed settlement designed by The Pension Company, 101 West Elm Street, Suite 230, Conshohocken, Pennsylvania 19428. Distributions from the annuity shall be made to the minor Petitioner in four equal annual payments of$IO, 126.70, beginning at age 18. Petitioners are hereby authorized to execute a. full and final release on behalf of the minor Petitioner. BYT"" COURT, (! d/ /~< ] ~ . , '----- . r- In ..:r 7"': ,,'-'.~ ...., /. ,{-:,> (~) c;::;) - r:= J C'-...J () j;t{ fS' , ["'J:---\ i -- ~ ~ .~ ~ ~ - ~ ~. , r~~. '" v'- L YNDSEY TURNER, a minor, by her Parents and Natural Guardians, SCOTT TURNER and TRACI TURNER, and SCOTT TURNER and TRACI TURNER in their own right, Plaintiffs v. MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and/or CHILDREN'S DISCOVERY CENTERS OF AMERICA d/b/a KNOWLEDGE LEARNING CORPORATION d/b/a MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and POLLY PLUTA Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03.2513 CIVIL ACTION. LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF SAID COUNIY: Please mark the above.captioned action settled, discomtinued and ended. Dated: ;J /N IDS- t I By: Respectfully submitted: CALDWELL & KEARNS ---L---- Je T. McGuire, Esquire ttomey LD. #73617 3631 North Front Street Harrisburg, P A 17110 (717) 232.7661 CERTIFICATE OF SERVICE AND NOW, <hi, I <I' d,y of ~l>~u.L~t _' 2005, 'hcroby ""'try that I have served a copy of the within document on the fa owing by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 E. Market Street P.O. Box 1268 Harrisburg,PA 17108.1268 CALDWELL & KEARNS By: f]J2LLJ~dA1,~ () 02-562/84392 " ~\! {"" c, , eS- ~ ,. ~ LYNDSEY TURNER, a minor, by her Parents and Natural Guardians,. SCOTI TURNER, and TRACI TURNER, and SCOTI TURNER and TRACI TURNER in their own right, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA : NO. 03-2513 v. MAGIC YEARS CHILD CARE & LEARNING CENTERS, INC., and/or: CHILDREN'S DISCOVERY CENTERS OF AMERICA d/b/a KNOWLEDGE LEARNING CORPORATION d/b/a MAGIC YEARS CHILD CARE & LEARNING: CENTERS, INC. and POLLY PLUTA: Defendants CIVIL ACTION - LAW AMENDED ORDER AND NO\V, this .l1.1\ay Of~, 2005, upon consideration of the within Petition to Settle the Claims of a Minor, it is hereby ORDERED and DECREED that the settlement is approved. Payment of funds on behalf of minor Petitioner under terms of this settlement are to be paid as follows: 1. $7,455.:\6 shall be paid to minor Petitioner for the payment of attornev's fees and costs. 2. $21,102.00 shall be used to fund periodic payments through the purchaft: of a guaranteed annuity from the Travelers Insurance Compa ..y, having an address of One City Place, Hartford, cr 06103, through an individually dcsi,l,'11cd settlement desib'11cd by The Pcnsior Company, 101 Wcst Elm Strcct, Suite 230, Conshohocken, p A 194:28. The periodic payments shall be made to the minor Petitioner in four equal payments of$10,126.70, beginning at age 18. .;'-1 'V C:h -,. , .(' o (~ 'I I 1:0 n ,. .l~ "l~J ;Ci'? ,= __ nV. IF, :;'..) 3. The Defendants and/or their insurer shall assign the obligation to make the future periodic payments as described herein to the Travelers Life and Annuity Company (the "Assignee") pursuant to ~130 of the Internal Revenue Code. The Assignee shall fund its obligation to make the future periodic payments through the purchase of an annuity from The Travelers Insurance Company (the "A . I ") nnutty ssuer . 4. In the event Lyndsey Turner fails to survive, any of the periodic payments to be made after her death shall be made to the Estate of Lyndsey Turner, without any acceleration thereon, or to such beneficiary as may be requested in writing by Lyndsey Turner, upon attaining majority, to the Assignee. Petitioners are hereby authorized to execute a full and final release on behalf of the minor Petitioner. BY THE COURT: J.