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Home My WebLink About01-06564 ,;,.-,;.-,', '." "_.".,.,~-. ,;, ,~;;;:;,1c-,--, , *~,L_~',w,~;;. , . . TOSHA THORSON, a minor, by her Parents, T. GREGORY and CHERLENE THORSON, and T GREGORY and CHERLENE THORSON, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6564 CIVIL TERM v, CIVIL ACTION - LAW AMATEUR SOFTBALL ASSOCIATION: OF PENNSYLVANIA, INC., and CARLISLE GIRLS' SOFTBALL ASSOCIATION, and DAVID BAILEY, Individually and as President of the Carlisle Girls' Softball Assoc" and MICHAEL GOOD, Individually and as Vice-President of the Carlisle Girls' Softball Assoc, Defendants JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this day of Petition is scheduled for the day of ,m" in Courtroom No, , Cumberland Pennsylvania, , 2002, a hearing on the within i , 2002, at o'clock, County Courthouse. Carlisle, i BY THE COURT: J, II . 1'.";'-' '<' _M___' " 1'-; '.,,'-- ~- ,,;;: :'<,:;: '-0",' ,,; "''"'~ti~-"-;:j"",~~",'~_ . . TOSHA THORSON, a minor, by her Parents, T. GREGORY and CHERLENE THORSON, and T GREGORY and CHERLENE THORSON, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6564 CIVIL TERM v. CIVIL ACTION - LAW AMATEUR SOFTBALL ASSOCIATION: OF PENNSYLVANIA, INC., and CARLISLE GIRLS' SOFTBALL ASSOCIATION, and DAVID BAILEY, Individually and as President of the Carlisle Girls' Softball Assoc" and MICHAEL GOOD, Individually and as Vice-President of the Carlisle Girls' Softball Assoc, Defendants JURY TRIAL DEMANDED PETITION TO COMPROMISE, SETTLE AND DISCONTINUE ACTION AND NOW, pursuant to PA Rules of Civil Procedure, Rule 2039, comes the Plaintiffs, TOSHA THORSON, a minor, by her parents and natural guardians, GREGORY ! THORSON and CHERLENE THORSON, and presents this Petition seeking this Court to approve an agreement to settle and discontinue the above-captioned action, ! 1, GREGORY THORSON and CHERLENE THORSON, are the parents of the minor child, TOSHA THORSON. 2, TOSHA THORSON is a minor, having been born on June 25, 1985, 3. The action docketed at Civil #01-6564 was brought to recover damages for dental injuries sustained on May 14, 1997 during softball practice sponsored and supervised by Defendants, :i " ""-'J II "-"''"' . ~ - -,1'0"', ._.~.-,' ~_ _. , ",- ~,:_~ ''', Ji:ii-ci.;!i.w-.iii:~"_ . , 4. Prior to trial, the Plaintiffs have reached a compromise and settlement agreement with the Defendant through their attorney, Carol L. Cingranelli, Esquire, otTuro Law Offices. 5, The Defendant, Amateur Softball Association, has offered to settle the claim of the Plaintiffs for $25,000,00. (Attachment 1). 6, The Plaintiffs believe that the offer is fair and equitable and wish to accept the offer. 7, The Plaintiffs intend disbursement of the funds created by this agreement to be as follows: 1). Outstanding medical bills shall be paid out to the following providers: (a) $226,00 payable to Kearns & Ashby, 4836 E, Trindle Road, Mechanicsburg, PA 17055; (b) $883.99 payable to Dr. Thomas S. Filip, Noble Office Center, 701-A South West Street, Carlisle, PA 17013; (c) $270,00 payable to Dr. John Paviol, 542 South Hanover Street, Carlisle, PA 17013, 2). $15,000 shall be deposited in a savings account that shall be created in the name of Tosha Thorson and to be held in trust for Tosha Thorson, Said account shall be restricted such that withdrawals shall not be permitted before the minor, Tosha Thorson, attains the age of majority, unless authorized by a prior Court Order, 3), Twenty-five percent (25%) of the total $25,000 settlement, or $6,250,00, shall be payable to Turo Law Offices in payment of attorney fees for professional services rendered, 4), The balance of the funds shall be payable to Gregory and Cherlene Thorson in reimbursement of out of pocket costs incurred, including dental bills, medications and litigation costs, and in further compromise of all claims related to the May 14, 1997 injuries. I ~ . -" d- J, ,- .. ,- ,-,-~,!;".:":,-';",,,,~,;,l "", .li:.d.~/'; '. 8, The Petitioners request the Court to approve the compromise and settlement of this action upon payment by the Defendant of $25,000,00 to the Petitioners, as guardians and parents of TOSHA THORSON, Respectfully Submitted TURO LAW OFFICES IP~ /5. 2002 Date By: arol L, Cingranelli, E 28 South Pitt Street Carlisle, PA 17013 . (717) 245-9688 Attorney for Plaintiffs / Petitioners I i! II if),; ..;...liFliW-.;;----- - ,~ _1, ~ ""'-'~.M'@j;i.\,,- 01/10/2002 17:57 FAX,8567556084 ACE APL CLAIMS !alOOl " . , ACE II'IA Group e5G,75~.o319 ter N.tional Claims Facility 856.755,6084 fax R~ut1ng 42 55 HaddQl'l1ield Rd,. $lJlte 210 donna.p':~l1am@ace.ina,com PO Sox 5081 'JJ\Mw.21ce-jna.c;om Cherry HIli, NJ 08002 Donna M, Graham Team Leao(tr January 10, 2002 Turo Law Office'l 28 South Pllt Street Carlisle, PA 17013 Ann; Carol Cingrandli, Esq, ItE; Tosha Thorson, a minor by her parents, & T, Gregory & Chcrlene 1110rson, indiv. v, Amateur Softball Association, et at File Number; Date of Loss: 510 L 513078-5 May 14, 1997 Dear Ms, Cingnmel1i; 'This lett,:r serves to confirm that the Tho,son's have accepted the offer of $25,000 as full and final settlement of the above captioned matter TIle $25,000 sum includes incurred out of pocket medical expenses, which are in the area of $2,500, As we further discussed, you will take the appropriate steps to schedule .he infant compromise hearing with the court for approval of the settlement Thank you for your continued courtesy a:hd cooperation, Very truly yours, ~ DOlUlB M. Graham One (If th4: ACIr GrOUP of ff/Sl!f;:!ncc & Rl:li(lSlIf~ttCI Corr.panJ,s Attol~hment 1 ~, ;, do_"''''+' ,,;,1,". -" -."",,.'. "T",'.,,;.;A',~~J5'. ":l>~-"':'-';-rl~j.'''ilii;'i~ . . .v ~ 1 " . - CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition To Compromise, Settle And Discontinue Action upon Donna M. Graham and Timothy J, Huber, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the of k ~ /3 day , 2002, from Carlisle, Pennsylvania, addressed as follows: Donna M, Graham Team Leader ACE INA Group 55 Haddonfield Road, Suite 210 P,O, Box 5081 Cherry Hill, NJ 08002 Timothy J. Huber, Esquire Buzgon Davis 525 South Eighth Street P,O. Box 49 Lebanon,PA 17042 TURO LAW OFFICES Carol L. Cingranelli, Es 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs II ~ it'jf""r'w' '~'-~~~_~wJ~~~ir~~~>$.",,}~;i;i"N'."-1fr'ii!I!W,~.,i;i";),*,l;.m.~~~j~l1iJ. ridn'-~_"""1 'Iff "" ,~'c ,"''- ,~-~-~ . c , ,,' -a:"''" o~~" "'1@ii:l.'" 1IIi.1lf!llllll '. 0 D c: ("'-.' .-"") -n ~i1 ., f"q ~:}~.J' -:i cn~ G....J --< s: "":; ('~', '-- ;--:;0 ...-c.:_' -0' --.' ~- ~:! =<~ (::J :n -< cS !31! - - , , TOSHA THORSON, a minor, by her Parents, T. GREGORY and CHERLENE THORSON, and T GREGORY and CHERLENE THORSON, Plaintiffs v, AMATEUR SOFTBALL ASSOCIATION: OF PENNSYLVANIA, INC., and CARLISLE GIRLS' SOFTBALL ASSOCIATION, and DAVID BAILEY, Individually and as President of the Carlisle Girls' Softball Assoc" and MICHAEL GOOD, Individually and as Vice-President of the Carlisle Girls' Softball Assoc, Defendants . ~~>jj,,,>- cO___ ""'W!i~%,,;,.-,;;, rs._-_. " ,~,',,_~'>-_" .. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6564 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this \ '1 r\ day of --1---... Lt..J?'l ? ,2002, upon review of the Petition presented on behalf of Plaintiffs in the above-captioned case to settle and compromise the above action, GREGORY THORSON and CHERLENE THORSON, as parents of the minor injured Plaintiff, and TOSHA THORSON, the minor plaintiff, are granted permission to compromise and settle the claim of TOSHA THORSON against the Defendants for $25,000 in full satisfaction and release of any and all other claims in this matter. FURTHER, the funds shall be distributed as follows: all outstanding medical bills related to treatment of the plaintiff's injuries herein are to be paid in full as outlined in the petition; $15,000 shall be deposited in a savings account to be held in trust for TOSHA THORSON, which shall not be disbursed prior to the attainment of majority or upon order of Court authorizing a distribution for good reason shown; attorney's fees in the amount of 25% of the whole settlement, or $6,250, shall be made payable to Turo Law Offices; and the remaining funds shall be disbursed to the Thorson family, c.opie.~ fla:\Led \~t : BY THE COURT: ~ i~i n3C'a..nd\"\ ) 01-21)-02- bo.r.so.. G r 010."" ~ ~. Hu.'oe~ Ii . J, ';$ 'ft8, $'3 ~ " -"'<-'~ ,""., ~~ '- "' , , , '~"^""'",'\ ",'," """ M 'i,", , ".,. ,',\. ''', ,:;;;." .0,,' "'''~''".-il'''''W-''''>''''."''j':r'i,'.'1itii''';- "'''1':' ,~,,,,-;.,. . '1"" ",,.,__,AI(~.fl!!I,lijl\lt!n~rr,-v:- \Iil ~I P:: . Ii ,,-, d' (;1 )lr'~""':1 , , '-' \.,; l, I.." ,,,.1 ',._'''' I 'j ~..' I::P,I\:(,\,; \ (.'-,I\';t , '-'~i,U.L."r' ,iil-\ " , ~'~~~:l;~~,,,,,,~!f;-"&'M!"''"--"!f';-f,'iWril'}ii!l!~''W-,g<~\"7>'''i~'Q~~I~'m!~U~!~~iJ~~J~~,:~~",.->",_if_',~~~? c' r, -,'"-',,,,, -,,; "-~ ""-,','-i'" -"","'___-'';1~;'.<;"',.;,_'''''~<-,' ~}'i~~~:~,,', TOSHA THORSON, a minor, by her Parents, T. GREGORY and CHERLENE THORSON, and T GREGORY and CHERLENE THORSON, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01- loSGl/ NO. ft- ' CIVIL TERM v, CIVIL ACTION - LAW AMATEUR SOFTBALL ASSOCIATION: OF PENNSYLVANIA, INC., and CARLISLE GIRLS' SOFTBALL ASSOCIATION, and DAVID BAILEY, Individually and as President of the Carlisle Girls' Softball Assoc" and MICHAEL GOOD, Individually and as Vice-President of the Carlisle Girls' Softball Assoc, Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Ii ~ ~, '.' , , ..0 01--,,,-----,,< '''''~'*,,-,:,; ;0_'> --'>'-"";"'';;~~~<-<--';i,>;_ """:;;'(-~~O!.W'-; TOSHA THORSON, a minor, by her Parents, T. GREGORY and CHERLENE THORSON, and T GREGORY and CHERLENE THORSON, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01- . NO. 0.- C,SQ;,4- CML TERM v, CIVIL ACTION - LAW AMATEUR SOFTBALL ASSOCIATION: OF PENNSYLVANIA, INC., and CARLISLE GIRLS' SOFTBALL ASSOCIATION, and DAVID BAILEY, Individually and as President of the Carlisle Girls' Softball Assoc" and MICHAEL GOOD, Individually and as Vice-President of the Carlisle Girls' Softball Assoc. Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiffs, TOSHA, T, GREGORY and CHERLENE THORSON, by and through their attorneys, TURO LAW OFFICES, and do respectfully represent the following: FACTS APPLICABLE TO ALL COUlNTS: 1. Plaintiff, TOSHA THORSON, is a minor individual with a date of birth of June 25, 1985, and she currently resides at 507 North Bedford Street, Carlisle, Cumberland County, ! Pennsylvania, 17013, 2, Plaintiff, T. GREGORY THORSON, currently resides at 507 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 3, Plaintiff, CHERLENE THORSON, currently resides at 507 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013, 4, Plaintiffs T,GREGORY and CHERLENE THORSON are the parents and natural I, I !I II ''S' I _' ~ < ,--,' I '_-;",_,;~,,:_^:o,j:. '-"''''' .,; ;" '''''''t.."""~;,,.,~ guardians of Plaintiff TOSHA THORSON. 5, The Defendant, AMATEUR SOFTBALL ASSOCIATION OF PENNSYLVANIA , INC" is an incorporated association, which sanctions the participation of children in formal softball activities, and has a current registered address of321 N, Westend Ave" Lancaster, PA 17603, 6, The Defendant, CARLISLE GIRLS' SOFTBALL ASSOCIATION, is an unincorporated organization associated with Defendant, AMATEUR SOFTBALL ASSOCIATION, and provides organized softball opportunities for children in the greater Carlisle area, 7, The Defendant, DAVID BAILEY, is an adult individual currently residing at 1 Kimberly Lane, Carlisle, Cumberland County, Pennsylvania, 17013, 8, The Defendant, MICHAEL GOOD, is an adult individual currently residing at 1 Robert Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 9. At all times relevant herein, Defendant BAILEY was the President of Defendant CARLISLE GIRLS' SOFTBALL ASSOCIATION. 10, At all times relevant herein, Defendant GOOD was the Vice-President of Defendant CARLISLE GIRLS' SOFTBALL ASSOCIATION, 11. At all times relevant herein, the minor Plaintiff TOSHA THORSON participated as a softball player on the team known as "Constable York", Said team was organized under the Defendants AMATEUR SOFTBALL ASSOCIATION and the CARLISLE GIRLS' . i SOFTBALL ASSOCIATION, 12, At all times relevant herein, Defendant GOOD was the coach for the "Constable' York" softball team, 13, At sometime prior to May 14, 1997, Defendant BAILEY did build, manufacture or obtain a contraption which he intended to be used for batting practice by members of Defendants AMATEUR SOFTBALL ASSOCIATION and the CARLISLE GIRLS' SOFTBALL ASSOCIATION, specifically including the "Constable York" softball team of I which the minor Plaintiff TOSHA THORSON was a member. 14, The contraption referred to above for practice in hitting softballs was an unapproved device having been built, manufactured or obtained by Defendant BAILEY, ;1 " 'oW' "'._j l > ~ ".. ,'OJ .,,~ "^"-,:,, ~;->"',<-,-_-.:..'_'" ';,'<Cj' j[~-~;;- 15, The batting contraption referred to was inherently dangerous in that it did not incorporate any safety devices to prevent injuries to those who used the device for practice, 16, The facts and circumstances hereinafter set forth took place on May 14, 1997, at or about 6:00 PM, at the Lamberton Middle School softball field in Carlisle, Pennsylvania, 17, At the aforesaid time and place, the minor Plaintiff TOSHA THORSON was preparing for a softball game scheduled for that evening by Defendants AMATEUR SOFTBALL ASSOCIATION and the CARLISLE GIRLS' SOFTBALL ASSOCIATION, 18, At the aforesaid time and place the minor Plaintiff TOSHA THORSON was directed by Defendant BAILEY and her team coach, Defendant GOOD, to utilize this hitting device in order to practice her batting prior to the game, 19, Atthe aforesaid time and place the minor PlaintiffTOSHA THORSON, under the direction, care and control of Defendants AMATEUR SOFTBALL ASSOCIATION, the CARLISLE GIRLS' SOFTBALL ASSOCIATION, BAILEY and GOOD, did strike a ball attached to the hitting device which, in turn, was attached to a string or rope in order to allow the ball to return to its original position, 20, Upon being hit, the ball flew back into the face of the minor Plaintiff TOSHA THORSON, and caused her to suffer serious and permanent injuries, including but not limited to the following: A) Two broken teeth and severe dental problems; B) Severe pain of the muscles, tendons, ligaments, nerves and soft tissue at or about the jaw, face and head; I C) Facial contusions; D) Permanent disfigurement; E) Shock to the nerves and nervous system; and F) Mental and physical anguish, 21, As a direct and proximate result of the aforesaid injuries, the minor Plaintiff TOSHA THORSON has undergone, and in the future will undergo, great pain and suffering, for which damages are claimed, 22, As a direct and proximate result of the aforesaid injuries, the minor Plaintiff TOSHA THORSON has had, and in the future will incur, expenses for medical treatment, I for which damages are claimed, Ii ,-""',, o,~' ~^~__ "" - d ':,,' '1"" ~ '"'- ,-~--, ;"-p-,,'-',y_'-'1;;,;-;';:;,,,'. ",,-, '~;'::Jli\-~~,," 23, As a direct and proximate result of the aforesaid injuries, the minor Plaintiff TOSHA THORSON has suffered, and will continue to suffer, mental anguish, humiliation, embarrassment and a loss of self-esteem, for which damages are claimed, 24, As a direct and proximate result of the aforesaid injuries, the minor Plaintiff TOSHA THORSON has sustained a permanent diminution in her ability to enjoy life and life's pleasures, for which damages are claimed, COUNT I TOSHA. T. GREGORY AND CHERLENE THORSON V. AMATEUR SOFTBALL ASSOCIATION. CARLISLE GIRLS' SOFTBALL ASSOCIATION. DAVID BAILEY and MICHAEL GOOD I " , 25, Paragraphs 1 through 24 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 26, At all times relevant hereto, Defendants AMATEUR SOFTBALL ASSOCIATION, CARLISLE GIRLS' SOFTBALL ASSOCIATION, BAILEY and GOOD owed a duty of care to the minor Plaintiff TOSHA THORSON, The Defendants were negligent in that they failed to provide a safe, healthy and appropriate environment for the minor Plaintiff to play softball. 27,The aforesaid injuries were a direct and proximate result of the negligence of Defendant AMATEUR SOFTBALL ASSOCIATION, acting through its agents, servants and/or employees, Defendants CARLISLE GIRLS' SOFTBALL ASSOCIATION, BAILEY and GOOD. 28, The aforesaid injuries were also a direct and proximate result of CARLISLE ,! GIRLS' SOFTBALL ASSOCIATION, acting through its agents, servants and/or employees, DAVID BAILEY and MICHAEL GOOD. 29, The aforesaid injuries were also a direct and proximate result of BAILEY and MICHAEL GOOD, acting individually, 30, Defendants actions were careless, reckless and negligent as follows: A) In allowing the building, manufacture or procurement of a batting contraption which was negligently designed and inherently dangerous; " ',-~-" '" ,J~. 'c'"~"' -'"-" "--;',,-,- --"I~ii" ;;,,',,' ."-'i;r."~jf<t~,'h B) In allow!ng the unsafe batting device to be utilized for batting practice; C) In allowing use of a batting device which was defective in design; D) In failing to properly inspect the batting device for dangerous conditions; E) In failing to make safe any dangerous conditions which defendants knew or should have known were present in the batting device; F) In failing to warn the minor Plaintiff and her parents of the inherent dangers in using the batting device; G) In failing to exercise safety precautions; H) In failing to exercise the high degree of care required in supervising the minor Plaintiff; and G) In allowing conditions involving an unreasonable risk of harm to exist. WHEREFORE, for all the above reasons, the minor Plaintiff, TOSHA THORSON, by and through her parents and natural guardians, Plaintiffs T, GREGORY AND CHERLENE THORSON, demand judgment in theirfavor and against the Defendants, both individually and jointly, in an amount in excess of $25,000,00, COUNT II TOSHA, T. GREGORY AND CHERLENE THORSON v. AMATEUR SOFTBALL ASSOCIATION 31, Paragraphs 1 through 30 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 32, At the time of the incident Defendants CARLISLE GIRLS' SOFTBALL ASSOCIATION, DAVID BAILEY and MICHAEL GOOD were acting with the expressed and/or implied permission of the Defendant AMATEUR SOFTBALL ASSOCIATION, 33, Defendant, AMATEUR SOFTBALL ASSOCIATION was careless, reckless and negligent in that: A) It entrusted and allowed CARLISLE GIRLS' SOFTBALL ASSOCIATION, DAVID BAILEY and MICHAEL GOOD to use the unsafe batting device for. practice, when AMATEUR SOFTBALL ASSOCIATION knew or should have known it was likely the device would create an unreasonable risk of harm to . others; B) It entrusted and allowed CARLISLE GIRLS' SOFTBALL ASSOCIATION, i DAVID BAILEY and MICHAEL GOOD to use the unsafe batting device for', , practice, when AMATEUR SOFTBALL ASSOCIATION knew or should have i known that their actions were reckless and/or negligent. iI "",-'- .,,- - '^ ,,-,J - 'll'"'~ """:,_",';;.,,,.;0,<_,;,,,,,-,,-, - '"'~,- "'. ~~;4!irk..,:j,,[,,", C) It entrusted and allowed CARLISLE GIRLS' SOFTBALL ASSOCIATION, DAVID BAILEY and MICHAEL GOOD to exercise direct custody and control over the minor Plaintiff, when AMATEUR SOFTBALL ASSOCIATION knew or should have known that their actions were reckless and/or negligent. WHEREFORE, for all the above reasons, the minor Plaintiff, TOSHA THORSON, by and through her parents and guardians, T. GREGORY AND CHERLENE THORSON, demand judgment in their favor, and against AMATEUR SOFTBALL ASSOCIATION, for compensatory damages in an amount in excess of $25,000,00. COUNT III TOSHA. T. GREGORY AND CHERLENE THORSON v CARLISLE GIRLS' SOFTBALL ASSOCIATION 34, Paragraphs 1 through 33 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 35, Defendant, CARLISLE GIRLS' SOFTBALL ASSOCIATION, was careless, reckless and negligent in that: A) It entrusted and allowed DAVID BAILEY and MICHAEL GOOD to use the unsafe batting device for practice, when CARLISLE GIRLS' SOFTBALL ASSOCIATION knew or should have known it was likely the device would create an unreasonable risk of harm to others; B) It entrusted and allowed DAVID BAILEY and MICHAEL GOOD to use the. unsafe batting device for practice, when CARLISLE GIRLS' SOFTBALL! ASSOCIATION knew or should have known that their actions were reckless. and/or negligent. C) It entrusted and allowed DAVID BAILEY and MICHAEL GOOD to exercise direct custody and control over the minor Plaintiff, when CARLISLE GIRLS' SOFTBALL ASSOCIATION knew or should have known that their actions i were reckless and/or negligent. WHEREFORE, for all the above reasons, the minor Plaintiff, TOSHA THORSON, by and through her parents and guardians, T. GREGORY AND CHERLENE THORSON, demand judgment in their favor, and against CARLISLE GIRLS' SOFTBALL ASSOCIATION, for compensatory damages in an amount in excess of $25,000,00, " , , ,. - .~-.' j,'", ~:"", ~'A ,-" ".' - -., W...";..i'~_.,;^",:,"' - \ "L.L~-,';jlK~l'~';" "! COUNT IV T. GREGORY AND CHERLENE THORSON v. AMATEUR SOFTBALL ASSOCIATION, CARLISLE GIRLS' SOFTBALL ASSOCIATION, DAVID BAILEY AND MICHAEL GOOD 36, Paragraphs 1 through 35 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 37, As a further result of injuries sustained by their child, TOSHA THORSON, Plaintiffs T, GREGORY and CHERLENE THORSON have been deprived of their child's assistance and services, to their detriment and loss, 38, As a further result of injuries sustained by their child, TOSHA THORSON, Plaintiffs T, GREGORY and CHERLENE THORSON have incurred medical expenses for the treatment of their child's injuries. 39, As a further result of injuries sustained by their child, TOSHA THORSON, Plaintiffs T, GREGORY and CHERLENE THORSON have missed time from work in order to accompany their daughter for medical treatment. 40, As a further result of injuries sustained by their child, TOSHA THORSON, Plaintiffs T. GREGORY and CHERLENE THORSON have suffered, and will continue to suffer, mental anguish and stress, WHEREFORE, for all the above reasons, T. GREGORY AND CHERLENE THORSON, demand judgment in their favor and against the Defendants, both individually and jointly, in an amount in excess of $25,000.00. Respectfully Submitted, Date: ;tjbO. ;( [) , 2001 Carol L. Cingranelli, E Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 717) 245-9688 " - " - ,--, , "", n';:,_ -~-"~I'J_""'" -, i--.;'~~~" ,-- ,-J- '''_''_iii. "'"~,,,, ",.,_'-'b~>;;?_''';:_.,',;(~,->,~^,:',j:; --,"~"" ",0- ~ _ "i! 'B \~"'; VERIFICATION We, T. Gregory and Cherlene Thorson, verify that the statements maqe in the foregoing Complaint are true and correct to the best of our knowledge. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. ~j , ,~~ T. Gregory orson ~Yv/l10~ \;h(~ Cherlene Thorson'- -- 'ii: i'-:O_'.-'-;.~imielfi",a::;'-;-~";C"~~~_~~'"'~IW!IAtii~.w~~'l.i.!<,':l.- '""-''':ililiiIiUii~''''-'''''~'''-- " -~" '~-~ - (") c; C) c: " =<: ..".. .-' ~g~,;,: '-';~ (=> ..J::: -C ( ~~ <f) \J -_70 ,,,-- ?\.::l ^ < j 0 ~~...: f"..) 15, 1;\:::- '8 0 <:':1 D '8 r-~' ,--, C"''-'.1 ~s~ '.-, .~ (1\ -"-,, ;~ C) "- 8 --Q ~ >::I ~ N ~~S';',"i .... ....0::.. :1> ~ --.{) -<! ~....) .:JJ n ,- r'0 -< 63 ::p ~ ---- ~J ,. 1 -<) ~ <" ~ _" -""",,,,~,"~~',, ."'.H <~ -~" ,,~,"'~<,~ ~ - 1;1" I-~"""'~ _.oJ ~"""",,. -', -~ ;~."'::J~!iWj!b'i'.i,,'" SHERIFF'S RETURN - REGULAR CABE NO: 2001-06564 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THORSON TOSHA ET AL VS AMATEUR SOFTBALL ASSOCIATION KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BAILEY DAVID INDIV AND AS PRES CARLISLE GIRLS SOFTBALL ASSOC the DEFENDANT , at 1915:00 HOURS, on the 27th day of November, 2001 at 1 KIMBERLY LANE CARLISLE, PA 17013 by handing to DAVID BAILEY a true and attested copy of COMPLAINT & NOTICE together with - and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18,00 3,25 ,00 10,00 ,00 31.25 r~~~~~~ R, Thomas Kline 12/17/2001 CAROL CINGRANELLI me this )(~ 1 day of Sworn and Subscribed to before By: - ,> ~, J~n'-~ ~ , j ~ "~^~-""'"- ~_iJ;4. ',- j~i:I!Mf&-,"~,J;':''''I:'' SHERIFF'S RETURN - REGULAR CASE N8: 2001-06564 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND - THORSON TOSHA ET AL VS AMATEUR SOFTBALL ASSOCIATION KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GOOD MICHAEL IND AND AS V PRES CARLISLE GIRLS SOFTBALL ASSOC the DEFENDANT , at 2038:00 HOURS, on the 27th day of November, 2001 at 1 ROBERT LANE CARLISLE, PA 17013 by handing to ,---, BARBARA GOOD, WIFE ~ 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 4,55 ,00 10.00 ,00 20,55 .-./?./ ~:-f7. r~,,;,.;.,-t:~~ R, Thomas Kline 12/17/2001 CAROL CINGRANELLI Sworn and Subscribed to before By: day of ," ,- '--iilIi:tiii. . , -= ' ~~ . ......J......." ~ ;" ;~, -,"'" " ~ il~:I~ '., ~~I"if{,,~IDJI:!,.O;i;j,;~di~i ,: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06564 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THORSON TOSHA ET AL VS AMATEUR SOFTBALL ASSOCIATION R, Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: AMATEUR SOFTBALL ASSOCIATION OF PENNSYLVANIA INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 17th, 2001 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge Dep Lancaster Co So answers: 6,00 9,00 10,00 41.54 ,00 66,54 12/17/2001 CAROL CINGRANELLI /- ~~_/---//// ,=~-- R, Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me day Of~ "'~>W\"'~#_'o_"""'''''''~'-'"'''"''''''''_='''''''''';''~~_''''''~_~'"''-- ,'~'<,,,L.,~,,,,,"'" , SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 . (717) 299-8200 SHERIFF SERVtCE~~:B.e~L . . ....... PROCESS RECEIPT, and AFFIDAVIT OF RETURN "_'I\K;J~rJ" ~..;~~;;~.$. 1, F>LAINTlFF/S/ 2, COURT NUMBER ~ Tosha Thorson et al 01-6564 civil l 3.0EFENDANT/S/ 4, TYPE OF WRIT OR COMPLAINT Amateur Softball Association of Pennsylvania et al ~gt'ee & Complaint SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC" TO BE SERVED. ~ ~ Amateur Softball Association of Pennsylvania, Inc. ~ ...,.,.. 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and liP Code) AT .321 N. Westend Ave. Lancaster, PA 17603 7. INDICATE UNUSUAL SERVICQOO DEPUTIZE 0 OTHER f"11rri\....e>rl ;:mn Now, NovPmhpr 71 20 --.O.L , I, SHERIFF OF 1>," . , COUNTY, PA., do hereby d utize the Sheriff of ~~ Lancaster DIX County to execute this Writ a rn thereof a ' to law, This deputation being made at the request and risk of the plaintiff. 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE, ~ ~ ~ I ~ l1\ I;:> . dUI a:MEmLi\ND ffi ~ N01'E ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching allY property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any Joss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER CA<U L. c::JN::RAl'fl,L!, NQ. 71?-245-S688 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must b. completed if notice is to be mailed) . 11 DATE ( I I - 20 -0 'Itro LAW Q,YIOO 2B 3:lJJH PI'.rr SillEEr CARLISI.E, PA. 17013 -13.1 aCknowledge receipt of the writ t or complaint as indicated above. r Expiration/Hearing date 12/21./01 ,,~ " , . .c".'" o No ServIce See Remarks Below (No. 30) \;~: ~\ice \\~i~ 'iT 23, ATTEMPTS 24. AdlJance Costs ,( 118379 $lffi.m 30, REMARKS: S,T,A" ~ \~~ ~ ~_ ~~c..\- ~~~ elL 3/3tfj /d)/.;<,Ol Prothonotary 37, MY COMMISSION EXPIRES 1. WHITE. ISSUing Authority 2. PINK - Attorney 3. CANARY. Sheriff's Office 4. BLUE. Sheriff's Office I ,~ ~ ~'o 0 I SH~I~l$f~~13 OFFI'CE 50 NORTH DUKE STREET"p"O,'\l,.Clx%l4'!lO/LANCASTER,'PENNSYLVANIA 17608-34'80 . (717) 299-8200 -~ ' .\ ,-, - ",' ^.;. " " " " ~ SHERIFF SEBVICE 000 \ 0 0 oPL.EASET:V:PJE 00000 00000 PROCESS RECEIPT, and AFFIDAVIT OF RET\J9N/oGrmifDE:TAe:H.A~Y;(j;OPllES; 1, PLA1NTIFF/SI ...,~-" "2 CQURT NUMBER " " ' H Tosha Thorson et a1 01-6564 civtl 3. DEFENDANT/SI 4, TYPE OF WRIT OR COMPLAINT Amateur Softball Association of Pennsylvania et al ~I('t;.,e-&- Ccmplainl: SERVE {50 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETCo, TO BE SERVEOo IIIIIIIll.. Amateur Softball Association of Pennsylvania, Inc. ..".. 6. ADDRESS (Street or RFO, Apartment No., City, Boro, Twp.. State and ZIP Code) ~ AT ' '321 N.. Westend A.ve. Lancaster, FA 17603 -. 70 INDICATE UNUSUAL SERVICJOll,J DE~UTIZE 0 OTHER a~har1 ",nr'l Now, 00 N(1\lPmhpr f~ 20 .:1lL- . I, SHERIFF OF bo' 0 I COUNTY, PA" dORe 00 eputize the~Jl91t of - ~ Mncaster 0 0 0 0 _ 0 0 County to execute this W' 0 0 00 retlJ!9--teer 0 ~Q!t to law, ThisdepClt9tioll'being made atthetequestandi risk ofctheplaintiff."- ,-, .~"',_,_"oo 0 . _ 0 . . " -, SHERIFF OJ - C NTY -,- i 8, SPEl(lAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE, CUmber lana ( ;' , ",,' ; i... ",,'- .,}"j -i'! f~ .;t." ~. <~ .,~, ti" ~ .+iCN O.h1l!HiA'D CD '. '1"" "''i: NOTE ONLY A'lJfliLlCABLE ON WRIT OF EXECUTION: N,B. WAIVER-OF WATCHMAN - Any deputy sheriff levying upon or attaching allY property under witt'lln w'rit may leave same without a watchman, in custody of whomever is found in possession; after notifying person of levyoratlachmeot"withoulliabililyon the part of such depu,ty or the s,~eriff to any plaiotiff herein-far-any Joss, destruction or removal of any _sUCh,',property beforetstier~6;-saJe t'1erepf. 9< SiGNATURE of ATTORNE-Y, or other ORIGINATOR 10. TELEPHONE NUMBER J'. f 1. 'DATE (}H.1, i" c:frffil\t'JELLJ, E9;). 717-24,5-'.1683 I I '" 20 ~(;' 12. SEND NOTICE OF SERViCE COPY TO NAME AND ADDRESS BELOW: (ThiS area must be completed i1 noUce is to be mailed) 'l1.ID LAW Q1<"ICES 2B 3:lJm l'rI':r SIREEI' CARLISLE, P.l\~ 1'11..113 -"<"'<""'-""'--::::;"~;::;;;'-,c::: -,,,, '~'."""'__''< $PA:e-ellE(i:)W.F'~R;t;!SI:i:)F;SHeRtFF';(ijjI\:~ '.~'Jj(fHijl"~Wlih~)Eli~oWcm 'INe .:.. . NAME 01 Authorized LeSO Deputy Of Clerk. _ 14. D. ,~~;...,...~~9bi~~?:''''4~" 15. Expiration/Hearing date 13. I cj;c'knowledge receipt of thE1' writ I,," ,'. - . .-' < or complaint as indicated above. f l\l~lSrI8 ~LlrN JE' 717-2Sfr3ff.f-) 11/26/01 ~ 16.'[ nereby'CERT,IF-Y'and RETU~N,-that-l-Q'have,p-ers~n'~lly served, have-Ie'gal ev~dence bf service'as shown in-"Remarks",O:h8:ve ~~ecuted as shown in "Remarks",the writ or complaint des,?r1bed on th~ Indlvldual"cp ny, corpqratlon, etc., al the address shown above or on Ihe mdlvldual, company, cor- poration, etc" at the address inserted, below by handmg a TRUE an. ~ ~ST~D CO~X ~her~of. ' 17.01 herebY certify and r.eturn, ~ 'NQT FOUND because. ani unable 10 locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title Clf indivi9tlal served if not shown above) elationship to Defendant) 19, ONoService (_ -~ ( I r': ',.Q.; See Remarks Below (No. 30) \ - 20. Address of where sel"led {complete on if different than sho n above) {St.eetorRFO,AparlmentNo., City, Boro, Twp. State and Zip Code) ?' ^<'"'V" ""." :J:.',-\,: I' ,,,\.,;. '.' ;,;~~\';)' "-J,l,,"~f>- """ ~ '. ',~s:-,,~\ .,~ \""\S\}" Milt'ts ,p'ep-,"fnt. i.4bJ,1 25. \"}'" 1',1 - ,- ~ \- \ \'j; .. <' ), ".1 ~ 21. Date 01 SelVice 22. Time .- ".. i.;';' ,\,...-'1.-.- \ . ..~~ fE'S.T "'EOST 24. Advance Cosls ;-{ 11831j .<:;:;lCD,(X) 23, ATTEMPTS 30, ~EM"'RKS. , (~ ( "' '_ ,l\ $.TA. 'U""w~1i!,!\.W,'Iii''''''I:r- -:{~;;.if.'\\-\ - 't'i'!fh-t:;;" l~,'~' ',-, \ -:3' _ \:,;::~'-- {" 1", r:, ~" ,.... '1.':.. ,.l:>'(C,?5'...:.\ " \~~ l /4" il " .Al._ '-,~ j, '.~i; f -,"I f gl , ,," :'~ "" _ 31. AFFIRM~' an,Q-:~u~s:ribed to before me ~hiS , If' ...",- ",t.l': i," 17lX:~' 33 Oa~ 34. clay of 36, Cafe', i/1 /'7 /(" '_.c'_,,,", I . -,,/_, -~'---/ j.. - .I: -;,' / ___1 /{ ./,;,~l?2 (jt _,~ 'ProlhOnOlarYLD...e:P:UtylNlM.!I~""'flYhlic'---' MY COMMISSiON-EXPIRES' ~'," 37. '20:'V , ,,'>" 1. WHITE - Issuing Authority ,~. .p'IN~,.}t.tto-rney 3. CANARY. Sheriff's Office 4. BJ,.UE - Sheriff's Office ",' ~'O ,i->':, ._,--~,',,,, ... ....,., . , TOSHA THORSON, a minor, by her Parents, T. GREGORY and CHERLENE THORSON, and T GREGORY and CHERLENE THORSON, Plaintiffs v, AMATEUR SOFTBALL ASSOCIATION: OF PENNSYLVANIA, INC., and CARLISLE GIRLS' SOFTBALL ASSOCIATION, and DAVID BAILEY, Individually and as President of the Carlisle Girls' Softball Assoc" and MICHAEL GOOD, Individually and as Vice-President of the Carlisle Girls' Softball Assoc, Defendants TO THE PROTHONOTARY: I " ::, -' ~ ".' ," "OJ , - '''''~ ,0.;.. ,,'-- -', ---',- ,'-'" -- , ..--" '~'''li.~i, '. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6564 CIVIL TERM : CIVIL ACTION - LAW PRAECIPE Please settle, withdraw and discontinue the above-captioned matter on behalf of the Plaintiff, ~ c22Zoo~ e / " Respectfully Submitted TURO LAW OFFICES Carol L, Cingranelli. Esq , e 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs J , '-':'---i ,~ --~^, ~, -"~ .. ,--~_' I CERTIFICATE OF SERVICE -~ _ 'I ",. .l~"' , I hereby certify that I served a true an correct copy of the foregoing Praecipe to Discontinue on the ,~3 -It- day of , 2002, by First Class mail addressed as follows: Donna M, Graham Team Leader ACE INA Group 55 Haddonfield Road, Suite 210 P,O, Box 5081 Cherry Hill, NJ 08002 Timothy J, Huber, Esquire Buzgon Davis 525 South Eighth Street P,O, Box 49 Lebanon,PA 17042 TURO LAW OFFICES (201 ~ v,~ Carol L. Cingranelli, Es 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs I I, Ii " '~i"'?;;'--;--"K!lr~;;'-' '~;'~~~"i;;';'~1TIlillB~~~~~ll>r.,",~~~~~*i,~~'Mu;!lI~~_.llIifit~~~_I-- "- ~t1.~'liflilf'- "-'d"". , ,"",',"-"'%--"',- ,~~. --- _ ~, .m'~. ""'''fi,_'~~_' ~""I'~,',-"Co','"_f,/',,,~-;-:,,,,,, " ~_'''_'.~' ~ "~_~_ ,,~"'~ -, " _.,,,.. ,--, , ,. ,. .. .,-'." () C) (--':-l C r'\,) ~: "'f'! -rJ CL: ~ .- m f> '~- - " ;.::, I, z t-- t'V .. ;-n u~ ,- (L_"1- ...:... ',:) -~ , ~: ,"", ..L, '-.,J -::) ';'f~ )> - --,-- , /,,', :'U ~~ (' ~5 CJ c c_~' r-il ;-!:: .::--i ---' "'" 5:) -' ()'\ -, -< ~ """