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HomeMy WebLinkAbout07-3787IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SPIRIDOULA PAPAROUNIS, individually and on her own behalf as parent and legal guardian of JOHN STEVENS, a minor 9 Old Willow Mill Road Mechanicsburg, PA 17050 Plaintiffs No. 6? - 3'7 7 Civil Action - (XX) Law ( ) Equity RICHARD E. BOTTORF, JR. 810 Sherwood Road New Cumberland, PA 17070 and ai"'E Ee-? BRENDA L. BOTTORF 810 Sherwood Road New Cumberland, PA 17070 Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( ) Attorney (XX) Sheriff Stephen G. Held Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Name/Address/Telephone No. of Attorney U.io Sig u Attorney Supreme Court ID No. 72663 Date: June 21, 2007 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) ACTION AGAINST YOU. Dater 1 o bbl ,VE COMMENCE Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 ? W O N ? f^ t. Him ..'.. N Fn 00 M o m - ta I MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire Identification No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: sjbarcavag_ekmdwcg.com (717) 651-3506 Attorney for Defendants SPIRIDOULA PAPAROUNIS, Individually and on her own behalf as parent and natural guardian of JOHN STEVENS, a minor, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3787 CIVIL TERM RICHARD E. BOTTORF, JR. AND BRENDA L. BOTTORF, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Marshall, Dennehey, Warner, Coleman & Goggin, and Stephen J. Barcavage, Esquire, on behalf of Defendants, Richard E. Bottorf, Jr. and Brenda L. Bottor£, in connection with the above-captioned matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: J. RCAVAGE DATE: I - V3 01 CERTIFICATE OF SERVICE I, Stephen J. Barcavage, Esquire do hereby certify that on this day of , 2007, I served a true and correct copy of the foregoing via U.S. first-class mail, postage pre-paid, as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: S EN J. BARCAVAGE DATE: ARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Identification No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: sjbarcavagekmdwc .com (717) 651-3506 Attorney for Defendants DATE: pjn i c ? - _. -- r? ?,z-- :??. r {.yl "'4 ;{i ` ` } r '• 1, ?t MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire Identification No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: sjbarcavagegmdwcg.com (717) 651-3506 Attorney for Defendants SPIRIDOULA PAPAROUNIS, Individually : IN THE COURT OF COMMON PLEAS and on her own behalf as parent and natural : OF CUMBERLAND COUNTY, guardian of JOHN STEVENS, a minor, PENNSYLVANIA Plaintiffs : No. 07-3787 V. RICHARD E. BOTTORF, JR. AND BRENDA L. BOTTORF, Defendants : CIVIL TERM PRAECIPE FOR A RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiffs, Spiridoula Paparounis, Individually and as Parent and Natural Guardian of John Stevens, to file a Complaint in the above-referenced matter within twenty (20) days of service thereof or risk a judgment of non pros. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN GGIN By: N J. BARCAVAGE, ESQUIRE Attorney for Defendants Dated: July 13, 2007 _r 1 ?. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe for a Rule to File Complaint has been served upon the following known counsel of record this 134- day of July, 2007, via United States First-Class Mail, postage prepaid: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: HEN J. BARCAVAGE, ESQUIRE Attorney for Defendants \05 A\LIAB\SJBARCAVAGE\SLPG\258888\KAGOCHENAURU5000\50000 ?..? ,?`' c? ?? ?? -n r :_ -., ('Sl ?'' : ...? ?..~ ) ;.•3 ,Yr, •"J ?? ., ??.J MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire Identification No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: Jbarcavage a,mdwcg.com (717) 651-3506 Attorney for Defendants SPIRIDOULA PAPAROUNIS, Individually : IN THE COURT OF COMMON PLEAS and on her own behalf as parent and natural : OF CUMBERLAND COUNTY, guardian of JOHN STEVENS, a minor, PENNSYLVANIA Plaintiffs : No. 07-3787 V. CIVIL TERM RICHARD E. BOTTORF, JR. AND BRENDA L. BOTTORF, Defendants RULE AND NOW, this f tj* day of _ , 2007, upon consideration of the foregoing Praecipe, Plaintiffs, Spiridoula Paparounis, Individually and as Parent and Natural Guardian of John Stevens, are hereby ordered to file a Complaint within twenty (20) days hereof or suffer judgment of non pros. BY THE PROTHONOTARY: SHERIFF'S RETURN - REGULAR E CASE NO: 2007-03787 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PAPAROUNIS SPIRIDOULA ET AL VS BOTTORF RICHARD E JR ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BOTTORF RICHARD E JR the DEFENDANT , at 1808:00 HOURS, on the 27th day of June , 2007 at 810 SHERWOOD ROAD NEW CUMBERLAND, PA 17070 BRENDA L BOTTORFF, SPOUSE by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.32 Postage .58 Surcharge 10.00 00 Q/Ael/b7 44.90 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 06/28/2007 HANDLER HENNING ROSENBERG By: Deputy Sheriff A. D. CASE NO: 2007-03787 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PAPAROUNIS SPIRIDOULA ET AL VS BOTTORF RICHARD E JR ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BOTTORF BRENDA L the DEFENDANT , at 1808:00 HOURS, on the 27th day of June , 2007 at 810 SHERWOOD ROAD NEW CUMBERLAND, PA 17070 BRENDA L BOTTORFF by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 p l trg?tr, ?, , 16.00 Sworn and Subscibed to before me this day So Answers: -R. T omas Kline 06/28/2007 HANDLER HENNING ROSENBERG By Deputy Sheriff of A. D. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire ID No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: s'bl arcavageamdwcg.com (717) 651-3506 Our File No. 06091-00825 Attorney for Defendants SPIRIDOULA PAPAROUNIS, Individually : COURT OF COMMON PLEAS and on her own behalf as parent and natural : CUMBERLAND COUNTY, PENNSYLVANIA guardian of JOHN STEVENS, a minor Plaintiffs No. 07-3787 VS. CIVIL TERM RICHARD E. BOTTORF, JR. and BRENDA L. BOTTORF Defendants CERTIFICATE OF SERVICE I, Stephen J. Barcavage, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on August 28, 2007, I served a copy of Defendant's 10-Day Notice via First Class United States mail, postage prepaid as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs -11= avage ra a - rt C . S^y ?1 0 °« MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire ID No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: sibarcavageQmdwcg com (717) 651-3506 Our File No. 06091-00825 Attorney for Defendants SPIRIDOULA PAPAROUNIS, Individually : COURT OF COMMON PLEAS and on her own behalf as parent and natural : CUMBERLAND COUNTY, PENNSYLVANIA guardian of JOHN STEVENS, a minor Plaintiffs No. 07-3787 VS. CIVIL TERM RICHARD E. BOTTORF, JR. and BRENDA L. BOTTORF Defendants TO: Spiridoula Paparounis and John Stevens c/o Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 DATE OF NOTICE: August 28, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE THE RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE- YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone # (800) 990-9108 POO _0 Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOUGIN By: for Defendants 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Dated: August 28, 2007 C c? ` n 175, ? -f CJ t? -•C C'F'E A a Stephen G. Held, Esquire I.D. No.: 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: HeidQHHRLaw.com SPIRIDOULA PAPAROUNIS, : IN THE COURT OF COMMON PLEAS individually and on her own behalf : CUMBERLAND COUNTY, PENNSYLVANIA as parent and legal guardian of JOHN STEVENS, a minor, Plaintiff V. : NO. 07-3787 RICHARD E. BORTTORF, JR., and BRENDA L. BORTTORF, Defendants 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 HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mfis adelante en las siguientes pfiginas, debe tomar accibn dentro de los pr6ximos veinte (20) dias despu6s de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqua en contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la dernanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mils aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 HANDLER, HENNING & ROSENBERG, LLP By: 4hHelld V COMPLAINT AND NOW, come the Plaintiffs, Spiridoula Paparounis and John Stevens, a minor, Stephen G. Held, Esquire I.D.#72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiffs Fax : (717) 233-3029 E-mail: Held@HHRLaw.com SPIRIDOULA PAPAROUNIS, individually and on her own behalf as parent and legal guardian of JOHN STEVENS, a minor Plaintiff V. RICHARD E. BOTTORF, JR., and BRENDA L. BOTTORF Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 07-3787 CIVIL ACTION -LAW by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, who brings forth this Complaint against Defendants, Richard E. Bottorf, Jr. and Brenda L. Bottorf, and aver as follows: 1. Plaintiff, Spiridoula Paparounis, is an adult individual currently residing at 9 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. T I 2. Plaintiff, John Stevens, is a minor currently residing with his mother and legal guardian at 9 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant, Richard E Bottorf, Jr., is a an adult individual currently residing at 810 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. 4. Defendant, Brenda L. Bottorf, is a an adult individual currently residing at 810 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070. 5. At all times material hereto Defendants, Richard E. Bottorf, Jr. and Brenda L. Bottorf, were in ownership, possession, management and/or control of the premises located at and known as 9 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 6. At all times material hereto, Plaintiff, Spiddoula Paparounis, was a lessee of the Premises located at and known as 9 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter referred to as the "Premises"). 7. At all times material hereto, Plaintiff, Spiridoula Paparounis, was a lawful tenant residing at said Premises. 8. At all times material hereto, Defendants, Richard E. Bottorf, Jr. and Brenda L. Bottorf, had permitted a significant deviation in the plastic matt of the front porch and front windows of the Premises, by permitting the porch to slant, causing a bunching in the plastic matt. Furthermore, the front windows were -2- in violation of the local housing code for Cumberland County. 9. At all times material hereto, Plaintiff, Spiridoula Paparounis, made the Defendants, Richard E. Bottorf, Jr. and Brenda L. Bottorf, aware of the dangerous condition posed bythe bunched plastic matton several occasions prior to June 26, 2005. 10. At all times material hereto, Defendants, Richard E. Bottorf, Jr. and Brenda L. Bottorf, failed to take any action to correct the bunched plastic matt prior to June 26, 2005. 11. On or about June 26, 2005, Plaintiff, John Stevens, was attempting to enter the Premises when he slipped on the slanted porch plastic matt, causing his right arm to go through the glass of the front door, causing serious personal injuries. 12. As a direct and proximate result of the negligence of the Defendants, Richard E. Bottorf, Jr. and Brenda L. Bottorf, Plaintiff, John Stevens, sustained extensive and serious personal injuries, as set forth more specifically below. 13. As a direct and proximate result of the negligence of the Defendants, Richard E. Bottorf, Jr. and Brenda L. Bottorf, Plaintiff, Spiridoula Paparounis, incurred medical expenses for the treatment of her minor son, Plaintiff, John Stevens. 14. The occurrence of the aforementioned incident and the resulting injuries to Plaintiffs, Spiridoula Paparounis and John Stevens, a minor, were caused directly and proximately by the negligence of Defendants, Richard E. Bottorf, -3- Jr. and Brenda L. Bottorf generally and more specifically as set forth below. COUNT I - NEGLIGENCE SPIRIDOULA PAPAROUNIS v RICHARD E BOTTORF JR 15. Paragraphs 1 -14 are incorporated herein by reference as if fully set forth at length. 16. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff, Spiridoula Paparounis, were caused directly and proximately by the negligence of Defendant, Richard E. Bottorf, Jr., by his agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: a. In causing or permitting a significant deviation in the plastic matt of said Premises to remain, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; b. In causing or permitting a significant deviation in the plastic matt of said Premises to remain without markings and/or indicators, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; C. In causing or permitting a significant deviation in the plastic matt of said Premises to remain without markings and/or indicators, when Defendant knew or should have known the likelihood that the lack of markings and/or indicators, could be, or had become a hazard to individuals lawfully within the Premises; d. In failing to make a reasonable inspection of said Premises which -4- would have revealed the existence of the dangerous condition posed by the plastic matt of said Premises, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; e. In failing to ensure the plastic matt of said Premises was maintained in a safe condition so as to prevent injury to the Plaintiff and other persons lawfully upon the Premises; f. In failing to post a warning sign or device in the area to notify of the dangerous condition of the plastic matt of said Premises; g. In failing to properly install plastic matt upon the front porch of said Premises so as to avoid the situation in which the Plaintiff fell; h. In permitting the plastic matt to become loose, that is, not properly tacked down, so that the plastic matt would become bunched-up and thereby pose a tripping hazard; i. In causing or permitting a significant deviation in the glass of the front door of said Premises to remain, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; j. In causing or permitting a significant deviation in the glass of the front door of said Premises to remain without markings and/or indicators, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; k. In causing or permitting a significant deviation in the glass of the front -5- door of said Premises to remain without markings and/or indicators, when Defendant knew or should have known the likelihood that the lack of markings and/or indicators, could be, or had become a hazard to individuals lawfully within the Premises; 1. In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the glass in the front door of said Premises, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; M. In failing to ensure the glass in the front door of said Premises was maintained in a safe condition so as to prevent injury to the Plaintiff and other persons lawfully upon the Premises; and n. In allowing the dangerous plastic matt and glass of the front door to remain, in failing to assure the rental proper was in a proper state of repair and/or free of hazardous conditions. 17. Defendant, Richard E. Bottorf, Jr., had actual knowledge or should have known through the exercise of ordinary care and diligence that the porch, porch plastic matt, and glass in the front door within said Premises was improperly installed and/or maintained and created a dangerous condition where Plaintiff, John Stevens, fell. 18. As a direct and proximate result of the negligence of Defendant, Richard E. Bottorf, Jr., Plaintiff, Spiridoula Paparounis, sustained personal injuries. 19. As a direct and proximate result of the negligence of Defendant, Richard E. -6- Bottorf, Jr., Plaintiff, Spiridoula Paparounis, has undergone mental anguish and she will continue to endure the same for an indefinite period of time in the future, to her detriment and loss, emotionally and financially. 20. As a direct and proximate result of the negligence of Defendant, Richard E. Bottorf, Jr., Plaintiff, Spiridoula Paparounis, has been compelled, in order to effect a cure for the minor, John Stevens' injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to her detriment and loss. WHEREFORE, Plaintiff, Spiridoula Paparounis, seeks damages from Defendant, Richard E. Bottorf, Jr., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II - BREACH OF WARRANTY OF HABITABILITY SPIRIDOULA PAPAROUNIS v. RICHARD E. BOTTORF. JR. 21. Plaintiff incorporates paragraphs 1 through 20 of this Complaint by reference thereto as if set forth at length. 22. At all times material hereto, Defendant, Richard E. Bottorf, Jr., acting on his own and/or through his agents, servants, workmen and/or employees, was in ownership, possession, management and/or control of the Premises and was responsible for maintaining the safe condition of the Premises. 23. At all times material hereto Defendant, Richard E. Bottorf, Jr., leased the Premises to Plaintiff, Spiridoula Paparounis, pursuant to a residential lease -7- agreement. 24. Plaintiff, upon the injury to her minor child, John Stevens, found that the aforementioned porch, porch plastic matt and front door glass were in a defective condition and were unsafe, and unfit for habitation in that the porch and front door glass violated the local Cumberland County residential building code. 25. The defective condition of the leased Premises constituted a breach of Defendant's implied warranty of the habitability of the leased Premises. 26. By reason of the defective porch, porch plastic matt, and front door glass, Plaintiff's minor son, John Stevens, sustained serious injuries including, but not limited, to a sliced ulnar artery and severed tendons in his right arm. 27. As a direct and proximate result of the defective conditions rendering the leased Premises unfit for habitation, Plaintiff, Spiridoula Paparounis, has been compelled, in order to effect a cure for the aforesaid injuries to her minor son, John Stevens, expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to her detriment and loss. WHEREFORE, Plaintiff, Spiridoula Paparounis, seeks damages from Defendant, Richard E. Bottorf, Jr., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. -8- • e COUNT III - NEGLIGENCE SPIRIDOULA PAPAROUNIS v. BRENDA L. BOTTORF 28. Paragraphs 1 - 27 are incorporated herein by reference as if fully set forth at length. 29. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff, Spiridoula Paparounis, were caused directly and proximately by the negligence of Defendant, Brenda L. Bottorf, by her agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: a. In causing or permitting a significant deviation in the plastic matt of said Premises to remain, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; b. In causing or permitting a significant deviation in the plastic matt of said Premises to remain without markings and/or indicators, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; C. In causing or permitting a significant deviation in the plastic matt of said Premises to remain without markings and/or indicators, when Defendant knew or should have known the likelihood that the lack of markings and/or indicators, could be, or had become a hazard to individuals lawfully within the Premises; d. In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed -9- by the plastic matt of said Premises, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; e. In failing to ensure the plastic matt of said Premises was maintained in a safe condition so as to prevent injury to the Plaintiff and other persons lawfully upon the Premises; f. In failing to post a warning sign or device in the area to notify of the dangerous condition of the plastic matt of said Premises; g. In failing to properly install plastic matt upon the front porch of said Premises so as to avoid the situation in which the Plaintiff fell; h. In permitting the plastic matt to become loose, that is, not properly tacked down, so that the plastic matt would become bunched-up and thereby pose a tripping hazard; In causing or permitting a significant deviation in the glass of the front door of said Premises to remain, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; j. In causing or permitting a significant deviation in the glass of the front door of said Premises to remain without markings and/or indicators, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; k. In causing or permitting a significant deviation in the glass of the front door of said Premises to remain without markings and/or indicators, -10- when Defendant knew or should have known the likelihood that the lack of markings and/or indicators, could be, or had become a hazard to individuals lawfully within the Premises; 1. In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the glass in the front door of said Premises, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; M. In failing to ensure the glass in the front door of said Premises was maintained in a safe condition so as to prevent injury to the Plaintiff and other persons lawfully upon the Premises; and n. In allowing the dangerous plastic matt and glass of the front door to remain, in failing to assure the rental proper was in a proper state of repair and/or free of hazardous conditions. 30. Defendant, Brenda L. Bottorf, had actual knowledge or should have known through the exercise of ordinary care and diligence that the porch, porch plastic matt, and glass in the front door within said Premises was improperly installed and/or maintained and created a dangerous condition where Plaintiff, John Stevens, fell. 31. As a direct and proximate result of the negligence of Defendant, Brenda L. Bottorf, Plaintiff, Spiridoula Paparounis, sustained personal injuries. 32. As a direct and proximate result of the negligence of Defendant, Brenda L. Bottorf, Plaintiff, Spiridoula Paparounis, has undergone mental anguish and -11- she will continue to endure the same for an indefinite period of time in the future, to her detriment and loss, emotionally and financially. 33. As a direct and proximate result of the negligence of Defendant, Brenda L. Bottorf, Plaintiff, Spiridoula Paparounis, has been compelled, in order to effect a cure for the minor, John Stevens' injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to her detriment and loss. WHEREFORE, Plaintiff, Spiridoula Paparounis, seeks damages from Defendant, Brenda L. Bottorf, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT IV - BREACH OF WARRANTY OF HABITABILITY SPIRIDOULA PAPAROUNIS v. BRENDA L. BOTTORF 34. Plaintiff incorporates paragraphs 1 through 20 of this Complaint by reference thereto as if set forth at length. 35. At all times material hereto, Defendant, Brenda L. Bottorf, acting on her own and/or through her agents, servants, workmen and/or employees, was in ownership, possession, management and/or control of the Premises and was responsible for maintaining the safe condition of the Premises. 36. At all times material hereto Defendant, Brenda L. Bottorf, leased the Premises to Plaintiff, Spiridoula Paparounis, pursuant to a residential lease agreement. -12- 37. Plaintiff, upon the injury to her minor child, John Stevens, found that the aforementioned porch, porch plastic matt and front door glass were in a defective condition and were unsafe, and unfit for habitation in that the porch and front door glass violated the local Cumberland County residential building code. 38. The defective condition of the leased Premises constituted a breach of Defendant's implied warranty of the habitability of the leased Premises. 39. By reason of the defective porch, porch plastic matt, and front door glass, Plaintiffs minor son, John Stevens, sustained serious injuries including, but not limited, to a sliced ulnar artery and severed tendons in his right arm. 40. As a direct and proximate result of the defective conditions rendering the leased Premises unfit for habitation, Plaintiff, Spiridoula Paparounis, has been compelled, in order to effect a cure for the aforesaid injuries to her minor son, John Stevens, expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to her detriment and loss. WHEREFORE, Plaintiff, Spiridoula Paparounis, seeks damages from Defendant, Brenda L. Bottorf, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. -13- f COUNT V - NEGLIGENCE SPIRIDOULA PAPAROUNIS as parent and legal guardian of JOHN STEVENS v. RICHARD E. BOTTORF. JR. 41. Paragraphs 1 - 40 are incorporated herein by reference as if fully set forth at length. 42. The occurrence of the aforementioned incident and the resulting personal injuries to Plaintiff, John Stevens, were caused directly and proximately by the negligence of Defendant, Richard E. Bottorf, Jr., by his agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: a. In causing or permitting a significant deviation in the plastic matt of said Premises to remain, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises;, b. In causing or permitting a significant deviation in the plastic matt of said Premises to remain without markings and/or indicators, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; C. In causing or permitting a significant deviation in the plastic matt of said Premises to remain without markings and/or indicators, when Defendant knew or should have known the likelihood that the lack of markings and/or indicators, could be, or had become a hazard to individuals lawfully within the Premises; d. In failing to make a reasonable inspection of said Premises which -14- • s would have revealed the existence of the dangerous condition posed by the plastic matt of said Premises, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; e. In failing to ensure the plastic matt of said Premises was maintained in a safe condition so as to prevent injury to the Plaintiff and other persons lawfully upon the Premises; f. In failing to post a warning sign or device in the area to notify of the dangerous condition of the plastic matt of said Premises; g. In failing to properly install plastic matt upon the front porch of said Premises so as to avoid the situation in which the Plaintiff fell; h. In permitting the plastic matt to become loose, that is, not properly tacked down, so that the plastic matt would become bunched-up and thereby pose a tripping hazard; i. In causing or permitting a significant deviation in the glass of the front door of said Premises to remain, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; j. In causing or permitting a significant deviation in the glass of the front door of said Premises to remain without markings and/or indicators, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; k. In causing or permitting a significant deviation in the glass of the front -15- e door of said Premises to remain without markings and/or indicators, when Defendant knew or should have known the likelihood that the lack of markings and/or indicators, could be, or had become a hazard to individuals lawfully within the Premises; 1. In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the glass in the front door of said Premises, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; M. In failing to ensure the glass in the front door of said Premises was maintained in a safe condition so as to prevent injury to the Plaintiff and other persons lawfully upon the Premises; and n. In allowing the dangerous plastic matt and glass of the front door to remain, in failing to assure the rental proper was in a proper state of repair and/or free of hazardous conditions. 43. Defendant, Richard E. Bottorf, Jr., had actual knowledge or should have known through the exercise of ordinary care and diligence that the porch, porch plastic matt, and glass in the front door within said Premises was improperly installed and/or maintained and created a dangerous condition where Plaintiff, John Stevens, fell. 44. As a direct and proximate result of the negligence of Defendant, Richard E. Bottorf, Jr., Plaintiff, John Stevens, sustained serious injuries including, but not limited to, a sliced ulnar artery and severed tendons in his right arm. -16- C ! 45. As a direct and proximate result of the negligence of Defendant, Richard E. Bottorf, Jr., Plaintiff, John Stevens, has undergone physical pain, discomfort and mental anguish and he will continue to endure the same for an indefinite period of time in the future, to his detriment and loss, physically, emotionally and financially. 46. As a direct and proximate result of the negligence of Defendant, Richard E. Bottorf, Jr., Plaintiff, John Stevens, has been, and may in the future be, hindered from attending to his daily duties to his detriment, loss, humiliation and embarrassment. 47. As a direct and proximate result of the negligence of Defendant, Richard E. Bottorf, Jr., Plaintiff, John Stevens, has, and may in the future, suffer a loss of life's pleasures. 48. Plaintiff, John Stevens, believes and, therefore, avers that his injuries are serious and permanent in nature. WHEREFORE, Plaintiff, Spiridoula Paparounis as parent and legal guardian of John Stevens, a minor, seeks damages from Defendant, Richard E. Bottorf, Jr., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. -17- V f COUNT VI - BREACH OF WARRANTY OF HABITABILITY SPIRIDOULA PAPAROUNIS as uarent and legal guardian of JOHN STEVENS v RICHARD E. BOTTORF. JR. 49. Plaintiff incorporates paragraphs 1 through 48 of this Complaint by reference thereto as if set forth at length. 50. At all times material hereto, Defendant, Richard E. Bottorf, Jr., acting on his own and/or through his agents, servants, workmen and/or employees, was in ownership, possession, management and/or control of the Premises and was responsible for maintaining the safe condition of the Premises. 51. At all times material hereto Defendant, Richard E. Bottorf, Jr., leased the Premises to Plaintiff, Spiridoula Paparounis, pursuant to a residential lease agreement. 52. Plaintiff, upon the injury to her minor child, John Stevens, found that the aforementioned porch, porch plastic matt and front door glass were in a defective condition and were unsafe, and unfit for habitation in that the porch and front door glass violated the local Cumberland County residential building code. 53. The defective condition of the leased Premises constituted a breach of Defendant's implied warranty of the habitability of the leased Premises. 54. By reason of the defective porch, porch plastic matt, and front door glass, Plaintiffs minor son, John Stevens, sustained serious personal injuries including, but not limited, to a sliced ulnar artery and severed tendons in his right arm. -18- 55. As a direct and proximate result of the defective conditions rendering the leased Premises unfit for habitation, Plaintiff, John Stevens, has undergone great physical pain, discomfort and mental anguish and he will continue to endure the same for an indefinite period of time in the future, to his great detriment and loss, physically, emotionally and financially. 56. As a direct and proximate result of the defective conditions rendering the leased Premises unfit for habitation, Plaintiff, John Stevens, has been, and may in the future be, hindered from attending to his daily duties to his great detriment, loss, humiliation and embarrassment. 57. As a direct and proximate result of the defective conditions rendering the leased Premises unfit for habitation, Plaintiff, John Stevens, has, and may in the future, suffer a loss of life's pleasures. 58. Plaintiff, John Stevens, believes and, therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Spiridoula Paparounis as parent and legal guardian of John Stevens, a minor, seeks damages from Defendant, Richard E. Bottorf, Jr., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT VII - NEGLIGENCE SPIRIDOULA PAPAROUNIS as uarent and BMI guardian of JOHN STEVENS v BRENDA L. BOTTORF 59. Paragraphs 1 - 58 are incorporated herein by reference as if fully set forth at length. -19- 60. The occurrence of the aforementioned incident and the resulting personal injuries to Plaintiff, John Stevens, were caused directly and proximately by the negligence of Defendant, Brenda L. Bottorf, by her agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: a. In causing or permitting a significant deviation in the plastic matt of said Premises to remain, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; b. In causing or permitting a significant deviation in the plastic matt of said Premises to remain without markings and/or indicators, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; C. In causing or permitting a significant deviation in the plastic matt of said Premises to remain without markings and/or indicators, when Defendant knew or should have known the likelihood that the lack of markings and/or indicators, could be, or had become a hazard to individuals lawfully within the Premises; d. In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the plastic matt of said Premises, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; -20- v e. In failing to ensure the plastic matt of said Premises was maintained in a safe condition so as to prevent injury to the Plaintiff and other persons lawfully upon the Premises; f. In failing to post a warning sign or device in the area to notify of the dangerous condition of the plastic matt of said Premises; g. In failing to properly install plastic matt upon the front porch of said Premises so as to avoid the situation in which the Plaintiff fell; h. In permitting the plastic matt to become loose, that is, not properly tacked down, so that the plastic matt would become bunched-up and thereby pose a tripping hazard; i. In causing or permitting a significant deviation in the glass of the front door of said Premises to remain, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; j. In causing or permitting a significant deviation in the glass of the front door of said Premises to remain without markings and/or indicators, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; k. In causing or permitting a significant deviation in the glass of the front door of said Premises to remain without markings and/or indicators, when Defendant knew or should have known the likelihood that the lack of markings and/or indicators, could be, or had become a hazard to individuals lawfully within the Premises; -21- M ? 1. In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the glass in the front door of said Premises, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; M. In failing to ensure the glass in the front door of said Premises was maintained in a safe condition so as to prevent injury to the Plaintiff and other persons lawfully upon the Premises; and n. In allowing the dangerous plastic matt and glass of the front door to remain, in failing to assure the rental proper was in a proper state of repair and/or free of hazardous conditions. 61. Defendant, Brenda L. Bottorf, had actual knowledge or should have known through the exercise of ordinary care and diligence that the porch, porch plastic matt, and glass in the front door within said Premises was improperly installed and/or maintained and created a dangerous condition where Plaintiff, John Stevens, fell. 62. As a direct and proximate result of the negligence of Defendant, Brenda L. Bottorf, Plaintiff, John Stevens, sustained serious injuries including, but not limited to, a sliced ulnar artery and severed tendons in his right arm. 63. As a direct and proximate result of the negligence of Defendant, Brenda L. Bottorf, Plaintiff, John Stevens, has undergone physical pain, discomfort and mental anguish and he will continue to endure the same for an indefinite period of time in the future, to his detriment and loss, physically, emotionally -22- E QW and financially. 64. As a direct and proximate result of the negligence of Defendant, Brenda L. Bottorf, Plaintiff, John Stevens, has been, and may in the future be, hindered from attending to his daily duties to his detriment, loss, humiliation and embarrassment. 65. As a direct and proximate result of the negligence of Defendant, Brenda L. Bottorf, Plaintiff, John Stevens, has, and may in the future, suffer a loss of life's pleasures. 66. Plaintiff, John Stevens, believes and, therefore, avers that his injuries are serious and permanent in nature. WHEREFORE, Plaintiff, Spiridoula Paparounis as parent and legal guardian of John Stevens, a minor, seeks damages from Defendant, Brenda L. Bottorf, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT VIII - BREACH OF WARRANTY OF HABITABILITY SPIRIDOULA PAPAROUNIS as uarent and 1201 guardian of JOHN STEVENS v BRENDA L. BOTTORF 67. Plaintiff incorporates paragraphs 1 through 66 of this Complaint by reference thereto as if set forth at length. 68. At all times material hereto, Defendant, Brenda L. Bottorf, acting on her own and/or through her agents, servants, workmen and/or employees, was in ownership, possession, management and/or control of the Premises and was responsible for maintaining the safe condition of the Premises. -23- 46 ,r 69. At all times material hereto Defendant, Brenda L. Bottorf, leased the Premises to Plaintiff, Spiddoula Paparounis, pursuant to a residential lease agreement. 70. Plaintiff, upon the injury to her minor child, John Stevens, found that the aforementioned porch, porch plastic matt and front door glass were in a defective condition and were unsafe, and unfit for habitation in that the porch and front door glass violated the local Cumberland County residential building code. 71. The defective condition of the leased Premises constituted a breach of Defendant's implied warranty of the habitability of the leased Premises. 72. By reason of the defective porch, porch plastic matt, and front door glass, Plaintiffs minor son, John Stevens, sustained serious personal injuries including, but not limited, to a sliced ulnar artery and severed tendons in his right arm. 73. As a direct and proximate result of the defective conditions rendering the leased Premises unfit for habitation, Plaintiff, John Stevens, has undergone great physical pain, discomfort and mental anguish and he will continue to endure the same for an indefinite period of time in the future, to his great detriment and loss, physically, emotionally and financially. 74. As a direct and proximate result of the defective conditions rendering the leased Premises unfit for habitation, Plaintiff, John Stevens, has been, and may in the future be, hindered from attending to his daily duties to his great detriment, loss, humiliation and embarrassment. -24- y 75. As a direct and proximate result of the defective conditions rendering the leased Premises unfit for habitation, Plaintiff, John Stevens, has, and may in the future, suffer a loss of life's pleasures. 76. Plaintiff, John Stevens, believes and, therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Spiridoula Paparounis as parent and legal guardian of John Stevens, a minor, seeks damages from Defendant, Brenda L. Bottorf, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully Submitted Z7 / Dated: 1716 HANDLER, HENNING & ROSENBERG, LLP BY: 94 t j 1147 Step n G. 1491d, Esquire 1300 Linglestown Road Harrisburg PA 17110 (717) 238-2000 Attorney for Plaintiffs -25- VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unswom falsification to authorities. Date: fff X:2 4M-%%`%4 4114 4 Sp doula Paparou is a : , dw CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties of counsel of record by depositing a copy of the same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on September 7, 2007, addressed to the following: Mr. Stephen J. Barcavage Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: September 7. 2007 By S en . Held, Esquire I.D. No.: 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff z? 16. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire ID No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: sibarcavageamdwcg com (717) 651-3506 Our File No. 06091-00825 Attorney for Defendants SPIRIDOULA PAPAROUNIS, Individually: COURT OF COMMON PLEAS and on her own behalf as parent and natural : CUMBERLAND COUNTY, PENNSYLVANIA guardian of JOHN STEVENS, a minor Plaintiffs No. 07-3787 vs. CIVIL TERM RICHARD E. BOTTORF, JR. and BRENDA L. BOTTORF Defendants NOTICE TO PLEAD TO: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Attorney or Plaintiff You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, Attorney for Defendants ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 MARSHALL DENNEHEY WARNER COLE & GOGGIN By: S . Barcavage, Esquire Dated: October 1, 2007 C} MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire ID No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: sjbarcavagena,mdwcg.com (717) 651-3506 Our File No. 06091-00825 Attorney for Defendants SPIRIDOULA PAPAROUNIS, Individually : COURT OF COMMON PLEAS and on her own behalf as parent and natural : CUMBERLAND COUNTY, PENNSYLVANIA guardian of JOHN STEVENS, a minor Plaintiffs No. 07-3787 VS. CIVIL TERM RICHARD E. BOTTORF, JR. and BRENDA L. BOTTORF Defendants DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendants, Richard E. Bottorf, Jr. and Brenda L. Bottorf, by and through their counsel, Marshall Dennehey Warner Coleman & Goggin, file this Answer to Plaintiffs' Complaint in support and states as follows: 1. Admitted in part and denied in part. It is admitted that plaintiff, Spiridoula Paparounis is who she says she is. All remaining allegations are denied and strict proof thereof is demanded at time of trial. 2. Admitted in part and denied in part. It is admitted that plaintiff, John Stevens, is who he says he is. All remaining allegations are denied and strict proof thereof is demanded at time of trial. 3. Admitted. 4. Admitted. 5. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). 6. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). 7. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). 8. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). 9. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). 10. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). 11. Denied. After reasonable investigation and inquiry, Answering Defendants are without sufficient information to form a belief as to the truth and veracity of the averments set forth in this paragraph, as such, the averments are denied in accordance with Pa.R.C.P. 1029(c) and strict proof thereof is demanded at time of trial. To the extent a response is deemed required, the averments set forth in this paragraph are also denied in accordance with Pa.R.C.P. 1029(e). 12. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). 13. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). 14. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). COUNT I - NEGLIGENCE Spiridoula Paparounis v. Richard E. Bottorf, Jr. 15. Defendants hereby incorporates their answers to paragraphs 1-14 of the Complaint as if set forth verbatim. 16. a-n. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 17. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 18. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). 19. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). 20. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendants request judgment be entered in their favor. COUNT II - BREACH OF WARRANTY OF HABITABILITY Syiridoula Paparounis v. Richard E. Bottorf, Jr. 21. Defendants hereby incorporates their answers to paragraphs 1-20 of the Complaint as if set forth verbatim. 22. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 23. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 24. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 25. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 26. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 27. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. WHEREFORE, Defendants request judgment be entered in their favor. COUNT III - NEGLIGENCE Sairidoula Panarounis v. Brenda L. Bottorf 28. Defendants hereby incorporates their answers to paragraphs 1-27 of the Complaint as if set forth verbatim. 29. a-n. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 30. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 31. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). 32. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). 33. Denied. The averments set forth in this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent a response is deemed required, the averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendants request judgment be entered in their favor. COUNT IV - BREACH OF WARRANTY OF HABITABILITY Spiridoula Paparounis v. Brenda L. Bottorf 34. Defendants hereby incorporates their answers to paragraphs 1-33 of the Complaint as if set forth verbatim. 35. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 36. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 37. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 38. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 39. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 40. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. WHEREFORE, Defendants request judgment be entered in their favor. COUNT V - NEGLIGENCE Spiridoula Paparounis, as parent and legal guardian of John Stevens v Richard E. Bottorf, Jr. 41. Defendants hereby incorporates their answers to paragraphs 1-40 of the Complaint as if set forth verbatim. 42. a-n. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 43. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 44. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 45. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 46. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 47. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 48. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. WHEREFORE, Defendants request judgment be entered in their favor. COUNT VI - BREACH OF WARRANTY OF HABITABILITY Spiridoula Paparounis, as parent and legal guardian of John Stevens v. Richard E. Bottorf, Jr. 49. Defendants hereby incorporates their answers to paragraphs 1-48 of the Complaint as if set forth verbatim. 50. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 51. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 52. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 53. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 54. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 55. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 56. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 57. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 58. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. WHEREFORE, Defendants request judgment be entered in their favor. COUNT VII - NEGLIGENCE Spiridoula Paparounis, as parent and leLval guardian of John Stevens v Brenda L. Bottorf 59. Defendants hereby incorporates their answers to paragraphs 1-58 of the Complaint as if set forth verbatim. 60. a-n. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 61. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 62. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 63. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 64. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 65. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 66. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. WHEREFORE, Defendants request judgment be entered in their favor. COUNT VIII - BREACH OF WARRANTY OF HABITABILITY Spiridoula Paparounis, as parent and legal guardian of John Stevens v. Brenda L. Bottorf 67. Defendants hereby incorporates their answers to paragraphs 1-66 of the Complaint as if set forth verbatim. 68. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 69. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 70. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 71. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 72. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 73. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 74. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 75. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. 76. Denied. The allegations of this paragraph constitutes conclusions of law to which no further responsive pleading is required and, accordingly, these allegations are denied and strict proof thereof is demanded at trial, if relevant. To the extent that any further responsive pleading is required, the allegations set forth in this paragraph are denied within the provisions set forth at Pa.R.C.P. 1029(e) and proof thereof is demand at trial, if relevant. WHEREFORE, Defendants request judgment be entered in their favor. NEW MATTER 77. Defendants hereby incorporates their answers to paragraphs 1-76 of the Complaint as i f set forth verbatim. 78. No act or omission on the part of Defendants was a substantial contributing factor in bringing about Plaintiffs' alleged injuries and/or damages, all such injuries and/or damages being expressly denied. 79. Defendants breached no duty of care, if any such duty of care was owed to Plaintiffs tinder the circumstances described in Plaintiffs' Complaint. 80. Plaintiffs' injuries and/or damages, if any, were caused in whole or in part by pre- existing physical and/or medical conditions which were neither aggravated nor contributed toward any act, omission or other liability producing conduct on the part of Defendants. 81. Plaintiffs' injuries and or damages, if any, were caused in whole or in part by acts and or omissions on the part of persons and or entities over home defendant had neither control nor right of control. 82. Plaintiffs' claims may be barred and/or limited by the doctrines of res judicata and/or collateral estoppel. 83. Plaintiffs' claims may be barred and or limited by Plaintiffs' failure to mitigate their damages as required by law. 84. Defendants reserves its right to raise one or more of those defenses reserved through PA.R.C.P. 1030. 85. Plaintiffs' Complaint fails to state a cause of action upon Defendants in which relief can granted. 86. Plaintiff, John Stevens, was contributorily negligent. 87. Plaintiff, John Stevens, knowingly and voluntarily assumed the risk of his injuries under the circumstances in Plaintiffs' Complaint by identifying a dangerous condition, appreciating its dangerous character and voluntarily proceeding to encounter that condition. 88. Plaintiffs' cause of action may be barred and/or limited by the applicable statute of limitations. 89. The incident, injuries and/or damages alleged to have been sustained by Plaintiffs were not proximately caused by Defendants. 90. Defendants aver that either some or all of Plaintiffs' alleged injuries and/or damages and/or treatments were unrelated to the incident which is a basis for this lawsuit. 91. Defendants breached no duty of care owed to Plaintiffs under the circumstances. 92. Plaintiffs' claims are barred by the Choice of Path Doctrine. 93. Plaintiff, John Stevens, failed to exercise reasonable care for his own safety under circumstances described in Plaintiffs' Complaint. 94. Plaintiff, John Stevens, failure to exercise reasonable care for his own safety was a substantial factor in the happening of the incident described in Plaintiffs' Complaint. WHEREFORE, Defendants, Richard E. Bottorf, Jr. and Brenda L. Bottorf, demand judgment in its favor and against Plaintiff, together with such other costs this Honorable Court deems appropriate. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: ephen J. Barcavage, Esquire Attorney for Defendants ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Dated: October 1, 2007 VERIFICATION We, Richard E. Bottorf, Jr. and Brenda L. Bottorf, do hereby state and aver that we have read the foregoing document which has been drafted by our counsel. The factual statements contained therein are true and correct to the best of our knowledge, information and belief although the language is that of our counsel, and, to the extent that the content of the foregoing document is that of counsel, we have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. I - 10 RRfCAAR E. BO RF, JR. - -&J20K) BRENDA L. BOTTO MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire ID No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: sibarcavag_e(a)mdwcg com (717) 651-3506 Our File No. 06091-00825 Attorney for Defendants SPIRIDOULA PAPAROUNIS, Individually : COURT OF COMMON PLEAS and on her own behalf as parent and natural : CUMBERLAND COUNTY, PENNSYLVANIA guardian of JOHN STEVENS, a minor Plaintiffs VS. RICHARD E. BOTTORF, JR. and BRENDA L. BOTTORF Defendants No. 07-3787 CIVIL TERM CERTIFICATE OF SERVICE I, Stephen J. Barcavage, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on October 1, 2007, I served a copy of Defendant's Answer with New Matter via First Class United States mail, postage prepaid as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs arcavage Co -fit Stephen G. Held, Esquire I.D. #72663 Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 (717) 233-3029 Fax E-mail: HELD01hhrlaw.com Attorney for Plaintiff SPIRIDOULA PAPAROUNIS, : IN THE COURT OF COMMON PLEAS Individually and on her own behalf : CUMBERLAND COUNTY, PENNSYLVANIA as parent and natual guardian of JOHN STEVENS, a minor, Plaintiffs V. : NO.: 07-3787 RICHARD E. BOTTORF, JR. and BRENDA L. BOTTORF, Defendants : CIVIL TERM PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT AND NOW, comes Plaintiffs, Spiridoula Paparounis, individually and on her own behalf as parent and natural guardian of John Stevens, by and through their counsel, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, and answers Defendant's New Matter as follow: 77. The allegations of this paragraph are ones of incorporation to which no response is required. 78. The allegation of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By way of amplification acts and/or omissions on the part of Defendants were a substantial contributing factor and bring about Plaintiffs' injuries and damages. 79. The allegation of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By way of amplification of Defendant's breached standard of care owed to Plaintiff. 80. The allegation of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' injuries and damages were not caused in whole nor in part by pre-existing physical and/or mental conditions. 81. The allegation of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' injuries and/or damages were caused in whole or in part by acts or omissions on the part of instant Defendant. 82. The allegation of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' claims are not barred or limited by the doctrines of either res judicata and/or collateral estoppel. 83. The allegation of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiff claims are neither barred nor limited by Plaintiffs' failure to mitigate their damages. 84. The allegation of this paragraph is an attempt to attach additional new matters not plead in violation of Pa.R.C.P. 1030. As such, no responsive pleading is required. 85. The allegation of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' Complaint states a cause of action upon which may be granted. 86. The allegation of this paragraph is a conclusion of law to which no responsive pleadings are required. To the extent the averment may deemed factual, it is hereby denied. By way of amplification, Plaintiff, John Stevens, was not contributory negligent. 87. The allegation of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiff did not, knowingly and voluntarily, assume the risk of his injuries. 88. The allegation of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By way of amplification, Plaintiffs' cause of action is neither barred nor limited by applicable statute of limitations. 89. The allegation of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By way of amplification, the injuries and damages sustained by Plaintiff were caused by Defendants. 90. The allegation of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By way of amplification, none of Plaintiffs' injuries and/or damages or treatments, which are the basis of this lawsuit, were unrelated to this incident. In fact, Plaintiff is only claiming injuries, damages and treatments for which were caused by the incident described in Plaintiffs' Complaint. 91. The allegation of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. It is denied that Plaintiff reached no duty of care owed to Plaintiff. 92. The allegation of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent this averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that Plaintiffs' claims are barred by the Choice of Path Doctrine. 93. The allegation of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. It is denied, John Stevens, failed to exercise reasonable care for his own safety. 94. The allegation of this paragraph is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby denied. By way of amplification, it is denied that John Stevens failed to exercise reasonable care for his own safety. WHEREFORE, Plaintiff, John Stevens, requests this Honorable Court to dismiss Defendants' Answer and New Matter and our judgment in their favor. Respectfully submitted, Dated: HANDLER, HENNING & ROSENBERG, LLP By Steph . Held, Esquire ID# 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties of counsel of record by depositing a copy of the same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on October 16, 2007, addressed to the following: Stephen J. Barcavage, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: October 16. 2007 By StepfiefM. d, Esquire ID# 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) STEPHEN G. HELD, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: 0(1(,(b ST G. HELD, ESQUIRE n N r i CID c-) C Co T . j ? rt MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire ID No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: sibarcavage(a),mdwcg com (717) 651-3506 Our File No. 06091-00825 Attorney for Defendants SPIRIDOULA PAPAROUNIS, Individually : COURT OF COMMON PLEAS and on her own behalf as parent and natural : CUMBERLAND COUNTY, PENNSYLVANIA guardian of JOHN STEVENS, a minor Plaintiffs No. 07-3787 VS. CIVIL TERM RICHARD E. BOTTORF, JR. and BRENDA L. BOTTORF Defendants DEFENDANTS' MOTION TO COMPEL DISCOVERY RESPONSES FROM PLAINTIFFS 1. Plaintiffs, Spiridoula Paparounis, individually and on her own behalf as parent and legal guardian of John Stevens, a minor, filed a personal injury lawsuit against Defendants, Richard E. Borttorf, Jr., and Brenda L. Borttorf, arising out of a slip and fall incident that allegedly occurred on June 26, 2005, in Cumberland County, Pennsylvania. 2. Plaintiffs commenced their action by filing a Writ of Summons on or about June 22, 2007, in the Cumberland County Court of Common Pleas. 3. On July 16, 2007, Defendants filed a Praecipe for a Rule to File Complaint. The Rule was thereafter served on Plaintiffs' Counsel. 4. On August 28, 2007, Plaintiffs were served with a Ten Day Default Notice for failure to file their Complaint. 5. On or about September 7, 2007, Plaintiffs filed their Complaint in this matter. 6. On September 14, 2007, Defendants served Interrogatories and Request for Production of Documents on Plaintiffs for answers, requesting that the discovery be answered within the time allotted by the Pennsylvania Rules of Civil Procedure. (See September 14, 2007, letter attached hereto and marked as Exhibit "A."). 7. On or about December 31, 2007, Defendants' Counsel contacted Plaintiffs' Counsel via telephone and reminded Plaintiffs' Counsel of the outstanding discovery responses, and requested Answers without Objections within the next seven days. 8. Despite the good faith attempts to remind and encourage the Plaintiffs to answer the outstanding Interrogatories and Request for Production of Documents, Plaintiffs have failed to do so in a reasonable period of time. 9. Plaintiffs should be ordered to provide substantive responses to the long- outstanding and overdue Interrogatories and Request for Production of Documents because boiler-plate objections at this point would only serve to further delay resolution of this matter. (See Defendants' Interrogatories and Request for Production of Documents attached hereto and marked as Exhibit "B.") 10. Pursuant to Pennsylvania Rules of Civil Procedure 4006 and 4009.12, a party served with written discovery is required to provide full, complete and verified responses within thirty days from service thereof. 11. Defendants have been prejudiced by Plaintiffs' failure to comply with the Pennsylvania Rules of Civil Procedure in that Defendants have been unable to adequately prepare a defense to this lawsuit since suit was instituted. 2 12. Defendants are prejudiced by this continued delay because without responses to these discovery requests it is impossible to appropriately evaluate this matter. WHEREFORE, Defendants, Richard E. Borttorf, Jr., and Brenda L. Borttorf, requests this Honorable Court enter an Order requiring Plaintiffs to serve full and complete Answers to Defendants' Interrogatories and Request for Production of Documents within twenty (20) days, or be subject to sanctions pursuant to Pa.R.C.P. 4019. Respectfully submitted, DENNEHEY WARNER c GOGGIN By: %phen J. Barcavage, Esquire Attorney for Defendants ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Date: January 21, 2008 3 A REGIONAI t)EFENSE LITIGATION LAW FIRM P COLEMAN ; GOKIN W D M eNNMVANU Bethlhem e c ARNER, ENNEHEY, ARSHALL, D oyloyl esttow ow Dn Erie A P R O F E S S I O N A L C O R P O R A T I O N www.marshAdennehey.com Harrisburg King of Prussia Philadelphia Pittsburgh Scranton 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 Williamsport NEW JELWY (717) 651-3500 • Fax (717) 651-9630 Kosel nd'll DELAvARR Wilmington Direct Dial: 717-651-3506 Email: sjbarcavage@mdwcg.com September 14, 2007 Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 RE: Paparounis v. Bottorf Cumberland County Court of Common Pleas, No.: 07-3787 Claim No.: 7934751 D/L: 6/26/05 Our File No.: 06091.00825 Dear Mr. Held: Omo Akron PLORmA Ft. Lauderdale Jacksonville Orlando Tampa Enclosed please find the following discovery demands that defendants, Richard and Brenda Bottorf, hereby serves upon plaintiffs, Spiridoula Paparounis and John Stevens: (X) Interrogatories directed to Plaintiffs; (X) Request for Production of Documents directed to Plaintiffs. Thank you for your cooperation and consideration. Very truly yours, phen J. Barcavage SJB/ljw encis MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire ID No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: sjbarcavage(a,mdwcg com (717) 651-3506 Our File No. 06091-00825 Attorney for Defendants SPIRIDOULA PAPAROUNIS, Individually: COURT OF COMMON PLEAS and on her own behalf as parent and natural : CUMBERLAND COUNTY, PENNSYLVANIA guardian of JOHN STEVENS, a minor Plaintiffs No. 07-3787 VS. CIVIL TERM RICHARD E. BOTTORF, JR. and BRENDA L. BOTTORF Defendants DEFENDANTS' REOUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS TO: Spiridoula Paparounis and John Stevens, Plaintiffs c/o Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 With respect to the matters referred to in Plaintiffs Complaint, please note that you are directed to produce for purposes of inspection and/or copying, the following items, all of which relate to the matter referred to in Plaintiffs Complaint. These items must be produced no later than thirty days from the date of the filing of this request. Same may be provided by forwarding copies to the office of the undersigned, 4200 Crums Mill Road, Suite B, Harrisburg, Pennsylvania, 17112. These requests are not directed merely to the person or party whose name appears above, but are meant to include that person's or party's agents, servants, insurers, employers, employees, investigators, attorneys, and others similarly situated to the named party or person In addition, although the request seeks these documents within the next thirty days, the request should also be deemed continuing, in that if there are further materials which come under the purview of any of these requests which are obtained after the time of their production presently, said materials should also be furnished in accord with this request. Please produce the following: DOCUMENTS TO BE PRODUCED AS TO EACH PLAINTIFF, PLEASE PRODUCE: 1. All written statements (signed or unsigned), descriptions, statements, records, and written accounts of investigation, directly or indirectly related to the matter set forth in Plaintiffs Complaint. 2. All medical bills, reports, records, and x-rays, relating to the injury allegedly sustained in the occurrence described in the Complaint, as well as all medical bills, records, and reports relating to prior or subsequent injuries to the same parts of the body claimed by Plaintiff to have been injured in the occurrence described in the Complaint. 3. All photographs and diagrams of any person, place, or thing which is directly or indirectly related to the matter set forth in Plaintiffs Complaint. 4. All other writings, memoranda, data, and/or tangible things which relate directly or indirectly to the incident and damages set forth in Plaintiffs Complaint. 5. All writings related to loss of earnings and earning power. 6. The Plaintiffs Federal and State Income Tax Returns for the period five years prior to the date of the incident referred to in Plaintiffs Complaint and thereafter to the most recent tax return filed. 7. Any and all reports compiled by an individual who has been retained as an expert in this matter. 8. Any and all memoranda, notes, summaries, items of correspondence, records, documents, or other form of data retention, not included in the foregoing requests made by you or obtained by you or your representative or any witness, contained in your files or other collections of records which pertain to the incident and damages alleged in Plaintiffs Complaint. 9. Any and all reports of governmental or quasigovernmental agencies which investigated the incident described in Plaintiffs Complaint, including, but without limitation, fire authorities, police authorities, or other state, federal, or local agencies who have investigated the incident described in Plaintiff s Complaint, and which data or reports are in your possession. 10. All documents in your possession, control or custody constituting, relating to, or pertaining to the documents identified in response to Defendant's Interrogatories. 11. All documents in your possession, custody or control prepared in anticipation of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attorney's conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and except those documents prepared in anticipation of litigation by your representatives to the extent that they would disclose the representatives' mental impression, conclusions or opinions respecting the value or merit of the claim or defense. 12. To the extent that you have not already provided the same, copies of all records, documents and memoranda, which have any bearing upon the matters alleged against the requesting party or upon the responsibility of the requesting party for the matters alleged against the requesting party. 13. To the extent not already provided, all documents containing the names and addresses of witnesses or potential witnesses with the exception of material described above, specifically correspondence privileged by the above rules. 14. To the extent not already provided, copies of all exhibits which you intend to offer into evidence at the trial of this matter. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen J. Barcavage, Esquire Attorney for Defendants ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Dated: September 14, 2007 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire ID No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: sjbarcavage(a),mdwcg com (717) 651-3506 Our File No. 06091-00825 Attorney for Defendants SPIRIDOULA PAPAROUNIS, Individually : COURT OF COMMON PLEAS and on her own behalf as parent and natural : CUMBERLAND COUNTY, PENNSYLVANIA guardian of JOHN STEVENS, a minor Plaintiffs No. 07-3787 vs. CIVIL TERM RICHARD E. BOTTORF, JR. and BRENDA L. BOTTORF Defendants DEFENDANTS' INTERROGATORIES DIRECTED TO PLAINTIFFS TO: Spiridoula Paparounis and John Stevens, Plaintiffs c/o Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 These Interrogatories are propounded pursuant to the Pennsylvania Rules of Civil Procedure and are to be answered by the Plaintiff(s) in accordance therewith. Plaintiff(s) are required to answer these Interrogatories in writing under oath, based upon all information available to them and to their attorneys, employees, and other agents, or representatives. Plaintiff(s) are also required to serve answers to these Interrogatories within thirty (30) days, and supplement their answers in accordance with the Pennsylvania Rules of Civil Procedure. These Interrogatories are to be answered by the Plaintiff(s). INSTRUCTIONS Introduction Definitions. -- The following definitions are applicable to these standard interrogatories: Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information can be obtained. "Identify" or "Identity" means when used in reference to -- (1) A natural person, his or her: (a) Full name; and (b) Present or last known residence and employment address (including street name and number, city or town, and state or county); (2) A document: (a) Its description (e.g., letter, memorandum, report, etc.), title, and date; (b) Its subject matter; (c) Its author's identity; (d) Its addressee's identity; (e) Its present location; and (f) Its custodian's identity; (3) An oral communication: (a) Its date; (b) The place where it occurred; (c) Its substance; (d) The identity of the person who made the communication; (e) The identity of each person to whom such communication was made; and (f) The identity of each person who was present when such communication was made; (4) A corporate entity: (a) Its full corporate name; (b) Its date and place of incorporation, if known; and (c) Its present address and telephone number; (5) Any other context: A description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people. entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Person" means a natural person, partnership, association, corporation, or governmental agency. Standard Instructions. -- The following instructions are applicable to these standard interrogatories: (1) Duty to answer. -- The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents, and attorney. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege. -- With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. -- In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. INTERROGATORIES AS TO EACH PLAINTIFF, PLEASE STATE THE FOLLOWING: 1. Please state the time of the alleged occurrence as accurately as you can, giving the year, month, day, hour, and minute thereof. ANSWER: 2. Do you claim that any defect, defective condition, foreign substance or object on any walkway or in any location or relation to the premises of the defendant's premises caused or contributed to cause your injuries? ANSWER: 3. If your answer to the preceding interrogatory is in the affirmative, please state: (a) a full and complete description of any such defect, condition, substance, or object, indicating size, shape, color, and the visibility; (b) a full and complete description of the location of any such defect, condition, substance, or object, giving in your answer the distances in feet to fixed objects or boundaries by which the location might be identified; (c) the date and time in hours and minutes when you first saw any such alleged defect, condition, substance, or object; (d) a full and complete description of any change in the appearance of any such defect, condition, substance, or object, immediately after your alleged occurrence; (e) the cause of or reason for such defect, condition, substance, or object being on the walkway. ANSWER: 4. Please state as fully as possible the location and description of all property, objects or items which you observed within ten feet of the location of the alleged occurrence. ANSWER: 5. Please describe the alleged occurrence in complete chronological detail, stating everything that you did and everything that happened to you: (a) from the time a few minutes immediately preceding the alleged occurrence to and including the time of the alleged occurrence; (b) from the time of the alleged occurrence until you reached your home or received medical treatment. ANSWER: 6. Was any agent or employee of the defendant present at the time of your alleged occurrence? ANSWER: 7. If you answer to the preceding interrogatory is in the affirmative, please state: (a) the identity and description of each such agent or employee; (b) the direction and distance in feet each such agent or employee was from the place of the occurrence. ANSWER: 8. Please give the substance of any and all conversations, communications or statements made by or between you and any agent or employee of the defendant relative to the alleged occurrence. ANSWER: 9. Do you claim or contend that any agent or employee of the defendant engaged in any action or activity which caused or contributed to cause your alleged occurrence? ANSWER: 10. If the answer to the preceding interrogatory is in the affirmative, please state the following: (a) A full description of each such agent or employee, giving names and addresses or other identification; (b) A full description of how or in what manner each such action or activity caused or contributed to cause your alleged occurrence. ANSWER: 11. Have you or your attorneys obtained any statements from the defendant, or any of its agents, servants or employees in connection with this accident? ANSWER: 12. Please state fully and in complete detail all that the defendant did or failed to do which in any way caused or contributed to cause your alleged occurrence. ANSWER: 13. If you claim that the negligence of any other person or persons contributed to or caused your alleged injury or damage, please state their name or names and in the manner in which they contributed to or caused your injury or damage. ANSWER: 14. Please identify and describe the appearance of each and every person who observed or was present in the vicinity of the plaintiffs alleged occurrence, giving the name and address of each such person if known to you. ANSWER: 15. Please identify each and every person, not specified in response to the preceding interrogatory, who has any knowledge of or information regarding facts pertaining to the circumstances and manner of the happening of the accident or the nature of the injuries sustained in the accident. ANSWER: 16. At the time of the accident or immediately thereafter did you have any conversation with or make any statements to any of the parties or witnesses or did any of them make any statements to you or in your presence? If so, state the substance of any such conversation or statement and in whose presence it took place. ANSWER: 17. Please state whether or not you ever made or gave any statement, whether oral or in writing to anyone regarding the happening of the alleged occurrence. ANSWER: 18. Please describe everything which you did in an attempt to avoid the alleged occurrence. ANSWER: 19. If you were carrying or holding anything at the time of your alleged occurrence, please describe any such object or property in complete detail, giving weight and size. ANSWER: 20. Please give to the best of your ability a precise description of the clothing which you were wearing at the time of the alleged occurrence, including in your answer a precise description of the footwear you had wearing, indicating particularly the type, style, size and material composition of the heel and sole. ANSWER: 21. Please state in complete detail the reason or occasion for your being on the premises at the time of the alleged occurrence. ANSWER: 22. With respect to the incident that is the subject of this case, please state the direction in which you were traveling at the time of the alleged occurrence. ANSWER: 23. Did you have any knowledge of the existence of the alleged defect, defective condition, foreign substance or object prior to your alleged occurrence? ANSWER: 24. If you answered the preceding interrogatory in the affirmative, please state: (a) how you acquired such knowledge; (b) how long you knew that the alleged defect, condition, substance or object had existed prior to your alleged occurrence; ANSWER: 25. Prior to the accident or occurrence here involved, did you make any complaints to anyone concerning the condition of the premises? If your answer is in the affirmative, give the, date, name and address of the person or persons or business organizations to whom you made the complaint. ANSWER: 26. Please state with relation to the precise time of the alleged occurrence and the distance in feet that you were from the alleged defect, defective condition, foreign substance or object when you first became aware that such defect, condition, substance or object might become a danger to you. ANSWER: 27. Please state the number of occasions that you had used the walkway or seating area which was involved in your alleged occurrence within the week preceding such occurrence. ANSWER: 28. Please describe the extent of your vision just before the occurrence, both corrected and uncorrected. ANSWER: 29. If there were any obstructions to your view as you approached the scene of the alleged occurrence, please describe each such obstruction in detail. ANSWER: 30. With respect to the lighting and lighting conditions at the time of the alleged occurrence about, above or within the location of such occurrence, please: (a) describe the lighting conditions as fully and completely as you can; (b) state whether the lighting conditions included artificial or natural light, or both, indicating which. ANSWER: 31. Please describe in as much detail as possible the weather conditions at the time and place of the alleged occurrence, including in your answer details of light, temperature, humidity, cloud cover, wind velocity, wind direction and type of precipitation, if any. ANSWER: 32. Give the name and address of the doctor, clinic, hospital, or other provider of health care who has attended plaintiff for any reason, during the ten years preceding the date of accident set forth in plaintiffs Complaint. ANSWER: 33. Describe the way you were injured, parts of your body that made contact with any other parts or objects on or near the defendant's premises. ANSWER: 34. State all injuries sustained in the accident. (a) Describe any pain, incapacity, inability to act or work, or disability alleged to have resulted from the injuries you sustained. ANSWER: 35. If you allege that the accident here involved aggravated a pre-existing condition, state: (a) Whether you had recovered from said condition at the time of the accident here involved and the approximate date of your recovery. (b) The name and address of each hospital or other institution to which you had gone for examination and/or treatment and the date of your last visit. ANSWER: 36. If you have not fully recovered from your injuries, state in what respects you have not fully recovered. ANSWER: 37. Set forth the names and addresses of all hospitals, in which you have been confined or received outpatient treatment because of this accident, the dates of confinement and outpatient treatment received, the charges for same. ANSWER: 38. Set forth the names and addresses of all doctors and nurses that have rendered services to you because of this accident; the inclusive dates of such services and number of visits; the charges for same. ANSWER: 39. If any x-rays were taken of you because of this accident, state the names and addresses of the persons who took the x-rays; the dates on which the x-rays were taken; the charges for same. ANSWER: 40. When and by whom you were last examined or given medical attention for the injuries received in this accident? ANSWER: 41. if you are still under a doctor's treatment for injuries received in this accident, by whom and how frequently are such treatments given to you at present? ANSWER: 42. State the periods of confinement if you were not hospitalized or after such hospitalization was over, and you were confined to a bed or confined to the house as a result of injuries sustained in this accident. ANSWER: 43. If you are making a claim for loss of earnings or impairment of earning power because of this accident, set forth the following: (a) The name and address of your employer, your job classification and your monthly or weekly rate of pay at the time of the accident. (b) If you had more than one employer during the three-year period prior to the date of this accident, state for each such employer, other than the one mentioned above, the name and address of the employer, the inclusive dates of employment and your job classification and weekly or monthly rate of pay. (c) Total earnings for the period of one year prior to the date of this accident. (d) State the inclusive dates during which you allege you were unable to work as a result of this accident and the total amount of pay you lost because of this absence. (e) State the date on which you started work again, the name and address of each employer for whom you have worked, the inclusive dates of employment, each job classification you have held and each monthly or weekly rate of pay which you have received from the date of starting work again after the accident until the present time. ANSWER: 44. Describe in detail all other expenses incurred as a result of this accident for which you are making a claim, giving the amount of each such expense and the date incurred. If an expense is claimed for household help, also state the name and address of each such person employed and periods of employment. ANSWER: 45. Did you, PRIOR TO OR SUBSEQUENT TO the accident here involved, suffer any injury, disease, illness or deformity involving any part or function of the body to which you claim injury or damage in the accident here involved. (a) Exclusive of the injury, disability, illness, disease or deformity which you allege resulted from the accident here involved, have you, subsequent to this accident, suffered illness, disability, disease or deformity involving any part or function of the body as which you claim injury or damage in accident. ANSWER: 46. Have you ever been involved in a similar accident in this or any other place prior to this occasion? ANSWER: 47. If the answer to the preceding interrogatory is in the affirmative, please state the following: (a) Where the incident occurred; (b) When the incident occurred; (c) What caused the incident; (d) List the Court, Term and Docket Number of each suit instituted on your behalf. ANSWER: 48. Are the allegations in the Complaint based in whole or in part on expert opinion? If so, identify each such allegation and state the name and address of each such person, firm or corporation who furnished any such opinion. ANSWER: 49. Set forth the name and address of your family doctor, and indicate the approximate date and purpose of your last visit to him prior to the accident which is the subject of this lawsuit. ANSWER: 50. If you have brought any claim or any suit against any other person or corporation to recover for the injuries arising out of the alleged occurrence, please identify the person or corporation and set forth the applicable Court, Term and Docket Number. ANSWER: 51. Identify each and every drug, narcotic, sedative, tranquilizer and/or medication taken within the 24 hour period prior to the accident. ANSWER: 52. Indicate whether (and, if so, how much) alcohol you had consumed in the three hour period prior to the accident or occurrence. ANSWER: 53. please state the date and method of your first notification to the defendant regarding this occurrence, - such as by letter, telephone call or in person. ANSWER: 54. State your age, date and place of birth, marital status at the time of the accident here involved, current marital status, present home address, and social security number. ANSWER: By: MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Stephen J. Barcavage , Esquire Attorney for Defendants ID# 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3506 Dated: September 14, 2007 C_. ---{ c? ? -c i ., ?, +:'; _ ,{ t .. ? , `> ?. ?__; ?::' ?? ..:7 c:..: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire ID No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: sjbarcavageaa,mdwcg com (717) 651-3506 Our File No. 06091-00825 Attorney for Defendants SPIRIDOULA PAPAROUNIS, Individually : COURT OF COMMON PLEAS and on her own behalf as parent and natural : CUMBERLAND COUNTY, PENNSYLVANIA guardian of JOHN STEVENS, a minor Plaintiffs VS. RICHARD E. BOTTORF, JR. and BRENDA L. BOTTORF Defendants No. 07-3787 CIVIL TERM CERTIFICATE OF SERVICE I, Stephen J. Barcavage, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on January 21, 2008, I served a copy of Defendants' Motion to Compel Discovery from Plaintiffs via First Class United States mail, postage prepaid as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs ,,,,8tePffen J. Barcavage c"; ?.? - ?? r: c._. r : ? .w..„ : f'3 t' ` Eti] _ ? .. -. Cr..° ?. .. ice.,) •. ? i't l ;_°4 - Cm:; .. JAN 2 b 1DD8m MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Stephen J. Barcavage, Esquire ID No. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: sjbarcavage(u),mdwcg com (717) 651-3506 Our File No. 06091-00825 Attorney for Defendants SPIRIDOULA PAPAROUNIS, Individually : COURT OF COMMON PLEAS and on her own behalf as parent and natural : CUMBERLAND COUNTY, PENNSYLVANIA guardian of JOHN STEVENS, a minor Plaintiffs No. 07-3787 VS. CIVIL TERM RICHARD E. BOTTORF, JR. and BRENDA L. BOTTORF : Defendants ORDER AND NOW, this ?SY day of ft. b t'uq.'"Y , 2008, it is hereby ORDERED that Plaintiffs are directed to serve Responsive Answers to Defendants' Interrogatories and Request for Production of Documents within twenty (20) days of this Order or risk further sanctions upon further application to this Court. BY THE COURT: 7 W y ?. C i •Z Wd I - 934 8002 3Ol1?0-1cm1j ORIGINAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SPIRIDOULA PAPAROUNIS, ET AL VS. PLAINTIFF/S RICHARD AND BRENDA BOTTORF DEFENDANT/S COURT OF COMMON PLEAS NO. 07-3787 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 02198026 AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE 4009.22, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 3/20/08 EN J. BARCAVAGE, ESQ. ATTORNEY FOR DEFENDANT i ? ? "?? 06091-00825 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SPIRIDOULA PAPAROUNIS, ET AL VS. PLAINTIFF/S COURT OF COMMON PLEAS RICHARD AND BRENDA BOTTORF DEFENDANT/S NO. 07-3787 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: STEPHEN G. HELD, ESQ. HANDLER, HENNING & ROSENBERG 1300 LINGLESTOWN RD. HARRISBURG PA 17110 ATTORNEY(S) FOR PLAINTIFF 02198026 12/25/08 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. NEW CUMBERLAND FIRE DEPARTMENT / EMS HARRISBURG HOSPITAL MILTON S. HERSHEY MEDICAL CENTER DR. FRANK DELEO, D.O. NEW CUMBERLAND POLICE DEPARTMENT DATE: 2/21/08 STEPHEN J. BARCAVAGE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT N 0219802 112/25/08 OQNM?IILTH OF PEZaSYI+VANIA CO[JNI'Y OF CLREEEMAND SPIRIDOULA PAPAROUNIS, ET AL Vs. Court of Common Pleas 07-3787 File No. RICHARD AND BRENDA BOTTORF SUBPOENA To PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT To RULE 4009-22 DEPARTMENT / EMS 319 4TH ST. NEW CUMBEfUAND CUMBERLAND PIA 17 TO: (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: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of oon pliance, 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 carpel I irg you to oaa 1y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241- 58 SUPREME COURT 1D # ATTORNEY FOR:DEFENDANT DATE : ,ZS, 12&07 Seal of the Court ISSUED ON: MAR 2 V = BY THE COURT: s "7 7 Prothonotary/ erk , Civil D i v i s i onp-- _?,, , ..1 Deputy (Eff. 7/97) NO. 07-3787 ADDENDUM TO SUBPOENA 02198026 12/25/08 SPIRIDOULA PAPAROUNIS, ET AL VS. RICHARD AND BRENDA BOTTORF SEE ATTACHED ADDENDUM PERTAINING TO JOHN T. STEVENS, JR. (PRESENT ADDRESS - 9 OLD WILLOW MILL RD., MECHANICSBURG, PA, PREVIOUS ADDRESS - 617 BRIDGE ST., NEW CUMBERLAND, PA. 17070, DOB 03/09/96, SSN 187-76-9495). Feb-18-08 15:51 Fran-MMU 717-651-9630 T-703 P.003/005 F-405 PAGE 2 OF 4 Instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, lab reports, x- ray films, MRis, CT scans, or other diagnostic testing performed, together with all medical reports, diagnostic reports, notes, memoranda, correspondence and medical bills concerning John T. Stevens, Jr.; Date of Birth: 319196; Social Security No. 187-76-9495. BXN 02198026 12/25/08 OF PENNSYLVANIA COUBTTY OF C[ =Am SPIRIDOULA PAPAROUNIS, ET AL Vs. Court of Common Pleas 07-3787 File No. RICHARD AND BRENDA BOTTORF SUBPOENA TO PRODUCE DOCLMNTS OR THINGS FOR DISCOWERY PURSUANT TO RULE 4009.22 MEDICAL RECORDS DEPARTMENT HARRISBURG HOSPITAL 111 S. FRONT ST. TO: HARRISBURG PA 17101 (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: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, . (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of oampIiance, 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 carpel ling you to carp ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAIrE : STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: - 58 SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT DATE : 1,,c y 45 .2 oo p Seal of the Court ISSUED ON: MR 2 0.08 BY THE COURT: ,411 /Q Prothonotary/C1 k, Civil Division' Deputy (Eff. 7/97) NO. 07-3787 ADDENDUM TO SUBPOENA 02198026 12/25/08 SPIRIDOULA PAPAROUNIS, ET AL VS. RICHARD AND BRENDA BOTTORF SEE ATTACHED ADDENDUM PERTAINING TO JOHN T. STEVENS, JR. (PRESENT ADDRESS - 9 OLD WILLOW MILL RD., MECHANICSBURG, PA, PREVIOUS ADDRESS - 617 BRIDGE ST., NEW CUMBERLAND, PA. 17070, DOB 03/09/96, SSN 187-76-9495). Feb-4-08 15:51 From-MDWC&G TIT-651-9630 T-703 P-003/005 F-405 PAGE 2 OF 4 Instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, lab reports, x- ray films, MRis, CT scans, or other diagnostic testing performed, together with all medical reports, diagnostic reports, notes, memoranda, correspondence and medical bills concerning John T. Stevens, Jr.; Date of Birth: 319196; Social Security No. 187-76-9495. SBXN 02198026 12/25/08 COM4ONWEALTH OF PERNSYLVANIA COURrY OF CUMEEE AND SPIRIDOULA PAPAROUNIS, ET AL Court of Common Pleas 07-3787 Vs. File No. RICHARD AND BRENDA BOTTORF SUBPOENA TO PRODUCE DOqHENTS OR THINGS FOR DIS001VERY PURSUANT TO RULE 4009.22 MEDICAL RECORDS DEPARTMENT MILTON S. HERSHEY MEDICAL CENTER 500 UNIVERSITY DR. TO: P.O. BOX 850 HERSHEY PA 17033 (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: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the docunents 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 carpellirg you to comp 1y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215 241-5858 SUPREME OOURT ID # ATTORNEY FOR: DEFENDANT DATE : L" a2'!?, -zn p Seal of the Court ISSUED ON: 171 20-me BY THE COURT: r 2 0? Prothonotary/O1 k, Civil Division' Deputy (Eff. 7/97) NO. 07-3787 ADDENDUM TO SUBPOENA 02198026 12/25/08 SPIRIDOULA PAPAROUNIS, ET AL VS. RICHARD AND BRENDA BOTTORF SEE ATTACHED ADDENDUM PERTAINING TO JOHN T. STEVENS, JR. (PRESENT ADDRESS - 9 OLD WILLOW MILL RD., MECHANICSBURG, PA, PREVIOUS ADDRESS - 617 BRIDGE ST., NEW CUMBERLAND, PA., DOB 03/09/96, SSN 187-76-9495). Feb-18-08 15:51 From-MMUG T1T-651-9630 T-703 P-003/005 F-405 PAGE2OF4 Instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, lab reports, x- ray films, MRis, CT scans, or other diagnostic testing performed, together with all medical reports, diagnostic reports, notes, memoranda, correspondence and medical bills concerning John T. Stevens, Jr.; Date of Birth: 319196; Social Security No. 187-76-9495. N 02198026 12/25/08 CCkT' ONWEALTH OF PPSIlRSYLVANTA CCUNTY OF QUID SPIRIDOULA PAPAROUNIS, ET AL Vs. RICHARD AND BRENDA BOTTORF Court of Common Pleas • 07-3787 File No. TO PRODUCE DOCIJIIENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF DR. FRANK DELEO, D.O. 3400 DERRY ST. TO: HARRISBURG PA 17111 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: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, PA. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order carpe l l i rug you to conp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHIONE: FOR INFORMATION: (215) 241- 858 SUPREME COURT ID # ATTORNEY FOR:DEFENDANT DATE: .t?.c_? • a? 02vrr Seal of the Court ISSUED ON: MAR 2 0 2008 BY THE COURT: s 4na Prothonotary/Cl k, Civil Divisiopr-' Deputy (Eff. 7/97) r NO. 07-3787 ADDENDUM TO SUBPOENA 02198026 12/25/08 SPIRIDOULA PAPAROUNIS, ET AL VS. RICHARD AND BRENDA BOTTORF SEE ATTACHED ADDENDUM PERTAINING TO JOHN T. STEVENS, JR. (PRESENT ADDRESS - 9 OLD WILLOW MILL RD., MECHANICSBURG, PA, PREVIOUS ADDRESS - 617 BRIDGE ST., NEW CUMBERLAND, PA., DOB 03/09/96, SSN 187-76-9495). Feb-16-06 15:51 From-MMUG TIT-651-9630 T-703 P-003/005 F-405 PAGE 2 OF 4 Instructions for MEDICAL records: Any and all medical records, including, but not limited to, inpatient records, outpatient records, physical therapy records, rehab records, lab reports, x- ray films, MRis, CT scans, or other diagnostic testing performed, together with all medical reports, diagnostic reports, notes, memoranda, correspondence and medical bills concerning John T. Stevens, Jr.; Date of Birth: 319196; Social Security No. 187-76-9495. N 02198026 12/25/08 COMMONW3USH OF PENbOMVANIA COUNTY OF CUMBERLAND SPIRIDOULA PAPAROUNIS, ET AL File No. Court of Common Pleas 07-3787 Vs. . RICHARD AND BRENDA BOTTORF SUBPOENA TO PRODUCE DOMIENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 NEW CUMBERLAND POLICE DEPARTMENT 1120 MARKET ST. TAO: P.O. BOX 220 NEW CUMBERLAND PA 17070 (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: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, P17 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ca, liance, 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 ocmpe l l i rug you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215 -5858 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE : A 2 10 1 Seal of the dourt ISSUED ON: MAR 2 0 M BY THE COURT: S 011 , Ve &" Prothonotary/C1 , Civil Division)INI -QA,R.-n,.),w . i,, - - Deputy (Eff. -1/97) NO. 07-3787 ADDENDUM TO SUBPOENA 02198026 12/25/08 SPIRIDOULA PAPAROUNIS, ET AL VS. RICHARD AND BRENDA BOTTORF SEE ATTACHED ADDENDUM PERTAINING TO JOHN T. STEVENS, JR. (PRESENT ADDRESS - 9 OLD WILLOW MILL RD., MECHANICSBURG, PA, PREVIOUS ADDRESS - 617 BRIDGE ST., NEW CUMBERLAND, PA., DOB 03/09/96, SSN 187-76-9495). Feb-19-08 15:51 From-MDK&G Special Instructions: 717-651-9630 T-703 P-005/005 F-405 .. -.P. - Any and all materials in your possession, custody and/or control, Including, but not limited to, the police report, supplemental reports and photographs regarding an investigation of a 6126105 incident involving John T. Stevens, Jr.; 617 Bridge Street, New Cumberland, PA 17070; Date of Birth: 3/9196; Social Security No. 187-76-9495. CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this Leh day of March, 2008, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 it IiA AA A SUSAN M. WILLIAMS t-? ??: ?::? . ? G ? ' ??, =?? ` -,-t ,?- ? ?- r ?•`?. ?1 "' .? . _.:: ?.? "";7 . } m 1+ ?' ?? ?7 ? ?. "? ?? 06138017 ORIGINAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SPIRIDOULA PAPAROUNIS, INDIV. & ON HER OWN BEHALF AS P/N/G, ET AL VS. PLAINTIFF/S RICHARD AND BRENDA BOTTORF DEFENDANT/S COURT OF COMMON PLEAS NO. 07-3787 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, DEFENDANT CERTIFIES THAT (1) A NOTICE OF INTENT TO SERVE THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE DATE ON WHICH THE SUBPOENA IS SOUGHT TO BE SERVED, (2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACHED TO THIS CERTIFICATE (3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND (4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED TO THE NOTICE OF INTENT TO SERVE THE SUBPOENA. DATE: 7/14/08 TEPHEN J. BARCAVAGE, ESQ. ATTORNEY FOR DEFENDANT ,? ? gf ? ,? ? ? , ., } ? ???.: rte,., d "? s 4 ?. 1 ? ? ° 7v 060.91-00825 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SPIRIDOULA PAPAROUNIS, INDIV. & ON HER OWN BEHALF AS P/N/G, ET AL VS. PLAINTIFF/S COURT OF COMMON PLEAS RICHARD AND BRENDA BOTTORF DEFENDANT/S NO. 07-3787 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: STEPHEN G. HELD, ESQ. HANDLER, HENNING & ROSENBERG 1300 LINGLESTOWN RD. HARRISBURG PA 17110 ATTORNEY(S) FOR PLAINTIFF 06138017 12/25/08 DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20) DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION IS MADE THE SUBPOENA/S MAY BE SERVED. ORTHOPEDIC INSTITUTE OF PENNSYLVANIA DATE: 6/16/08 STEPHEN J. BARCAVAGE, ESQ. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL RD. HARRISBURG PA 17112 ATTORNEY(S) FOR DEFENDANT COb MONWE ,I.TH OF PEidySYLMIA S.LJ{Jw1 oF m 0 N BEHA F AAPAROUNISETIALIV. & ON HER Vs. File No. RICHARD AND BRENDA BOTTORF A 06138017 12/25/08 Court of Common Pleas 07-3787 SUBPOENA TO PRODUCE DOMHENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSTODIAN OF THE RECORDS OF ORTHOPEDIC INSTITUTE OF PENNSYLVANIA 3399 TRINDLE RD. TO: CAMP HILL PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: SEE ATTACHED ADDENDUM at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., S-300, PHILADELPHIA, . (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of coTpIiance, 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 docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order carpe l i i ng you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME' STEPHEN J. BARCAVAGE, ESQ. ADDRESS: TELEPHONE: FOR INFORMATION: (215) 241-5858 SUPREME COURT 1D # ATTORNEY FOR: DEFENDANT BY THE DATE' j-. *o a ?`o jW0;rk, Civil Division - dea 1 of the Court _ ISSUED ON: 1 4 =8 Deputy (Eff. 7/97) NO. 07-3787 ADDENDUM TO SUBPOENA 06138017 12/25/08 SPIRIDOULA PAPAROUNIS, INDIV. & ON HER OWN BEHALF AS P/N/G, ET AL VS. RICHARD AND BRENDA BOTTORF SEE ATTACHED ADDENDUM PERTAINING TO JOHN T. STEVENS, JR. (9 OLD WILLOW MILL ROAD, MECHANICSBURG, PA, PREVIOUS ADDRESS: 617 BRIDGE STREET, NEW CUMBERLAND, PA, DOB 03/09/96, SSN 187-76-9495). Jun-13-06 10:33 From-MDWC&G r: Instructions for MEDICAL. records: 717-651-9630 ?-597 P.003/003 F-656 PAGE 2 OF 2 Any and all medical records, including, but not limited to, Inpatient records, outpatient records, physical therapy records, rehab records, lab reports, x- ray films, MRis, CT scans, or other diagnostic testing performed, together with all medical reports, diagnostic reports, notes, memoranda, correspondence and medical bills concerning John T. Stevens, Jr.; Date of Birth: 319/96; Social Security No. 187-76-9495. CERTIFICATE OF SERVICE I, Susan M. Williams, an employee with the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 154?% day of July, 2008, I served a true and correct copy of the Certificate-Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, via U.S. first-class mail, postage pre-paid, as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 SUSAN M. WILLIAMS {l " iT rn MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Jason P. McNicholl, Esquire ID No. 89062 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: jpmcnicholl@mdwcg.com (717) 651-3510 Our File No. 06091-00825 Attorney for Defendants SPHUDOULA PAPAROUNIS, Individually : COURT OF COMMON PLEAS and on her own behalf as parent and natural : CUMBERLAND COUNTY, PENNSYLVANIA guardian of JOHN STEVENS, a minor Plaintiffs No. 07-3787 VS. CIVIL TERM RICHARD E. BOTTORF, JR. and BRENDA L. BOTTORF Defendants WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned as counsel for Defendants Richard E. Bottorf and Brenda L. Bottorf, in the above-captioned case. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Stephen j.- Ekkeavage, Esquire I.D. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 ¦¦rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr?rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr? ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel for Defendant Richard E. Bottorf and Brenda L. Bottorf in the above-captioned case. MARSHALL DENNEHEY WARN COLEMAN GOGGIN By: Jason . Me chol, squire Attorny for endants I.D. 89062 4200 Crums NMI Road, Suite B Harrisburg, PA 17112 (717) 651-3510 Dated: January 12, 2009 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Jason P. McNicholl, Esquire ID No. 89062 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: jpmcnicholl@mdwcg.com (717) 651-3510 Our File No. 06091-00825 Attorney for Defendants SPIRIDOULA PAPAROUNIS, Individually : COURT OF COMMON PLEAS and on her own behalf as parent and natural : CUMBERLAND COUNTY, PENNSYLVANIA guardian of JOHN STEVENS, a minor Plaintiffs No. 07-3787 VS. CIVIL TERM RICHARD E. BOTTORF, JR. and BRENDA L. BOTTORF Defendants CERTIFICATE OF SERVICE I, Jason P. McNicholl, Esquire, of the law firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on January 13, 2009, I served a true and correct copy of Defendants' Withdrawal of Appearance and Entry of Appearance via U.S. first-class mail, postage pre-paid, as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs c ?. ` ? __ M, : c... ? ? _ ,: ra ?r s? N ?-?'t'? _-? _ -? 1 ;?. ,? ? _? .. ?? e? -i ? Stephen G. Held, Esq. I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Petitioners Fax: (717) 233-3029 E-mail: Held _hhrlaw.com JOHN J. STEVENS, : IN THE ORPHAN'S COURT OF a Minor by and through his natural : CUMBERLAND COUNTY, PENNSYLVANIA parent and guardian, SPIRIDOULA PAPAROUNIS Petitioner : NO. 07-3787 V. RICHARD BOTTORF, JR. and BRENDA BOTTORF, Defendant. CIVIL ACTION - LAW MINOR'S COMPROMISE PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTIONS Pursuant to Pennsylvania Rule of Civil Procedure No. 2039, Spiridoula Paparounis, the natural parent and legal guardian of minor, John J. Stevens, by and through his attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esq., petitions this Honorable Court to enter an Order permitting settlement and compromise of this action, and in support thereof, avers: 1. John J. Stevens was born on March 9, 1996, and is, therefore, 13 years old and a minor. he currently resides at 9 Old Willow Mill Road, Mechanicsburg, Pennsylvania 17050. 2. Petitioner, Spiridoula Paparounis, is an adult individual and said minor's biological mother and legal guardian and she currently resides with John at 9 Old Willow Mill Road, Mechanicsburg, Pennsylvania 17050. 3. On or about June 26, 2005, the minor, John Stevens, and his parents were residing at 617 Bridge St. Apt. B New Cumberland, PA 17070. 4. At approximately that same time and place, John was entering the house via a slanted porch, slipped on a plastic mat on the porch causing his right arm to go through a plate glass window. 5. As a direct and proximate result of the tortfeasor's negligence, the minor, John Stevens, suffered a lacerated ulnar artery, requiring surgery to repair the FCU and flexor digiti minimi tendons as well as a repair complex laceration total 9cm. 6. On June 26, 2005, John was examined at Harrisburg Hospital where his wrist was wrapped with a pressure dressing to control the bleeding. 7. On June 27, 2005, John was treated at Hershey Medical Center where he was found to have a large laceration on the Palmar surface over the ulnar artery. requiring surgery to repair the FCU and flexor digiti minimi tendons as well as a repair complex laceration total 9cm. 8. John was re-evaluated on July 5, 2005, where his splint and dressings were removed. 9. At the time of this accident, the minor, John Stevens, bills were being paid by the Department of Public Welfare. 10. The Department of Public Welfare has a medical lien of $1234.46. Attached hereto, made a part hereof and marked "Exhibit A", is a statement of claim summary provided by The Department of Public Welfare. 12. At all times material hereto, the tortfeasor was insured under a policy issued by Foremost Insurance Company. 10 13. After protracted negotiations, Foremost Insurance Company has offered to settle the minor's injury claim against its insured, Richard and Brenda Bottorf, for the amount of $22,500.00. 14. Petitioner believes said settlement is in the best interests of the minor and proposes to accept said settlement offer of $22,500.00, thereby releasing the tortfeasor from any and all claims, suits, and/or actions in the future. Attached hereto, made a part hereof and marked "Exhibit B", is a copy of the proposed settlement release. 15. Stephen G. Held, Esq., of HANDLER, HENNING & ROSENBERG, LLP, has been the attorney for the minor in this action and he requests reasonable counsel fees of $5625.00 for services rendered plus costs and expenses of $865.03 pursuant to a Contingent Fee Agreement signed by Petitioner. The 25% represents a reduction from the 33-1/3% fee agreement signed by the Petitioner for John Stevens. Thus, the total amount requested for attorney's fees and costs is $6490.03. Attached hereto, made a part hereof and marked "Exhibit C", is a copy of the Contingent Fee agreement; and "Exhibit D", is a copy of the Billing Summary. 16. A medical bill, in the amount of $318.00, pertaining to the treatment of John Stevens is currently outstanding. Attached hereto, made a part hereof, and marked "Exhibit E," is a copy of the outstanding bill in the amount of $318.00 payable to New Cumberland FD Ambulance. 17. Petitioner further requests this Honorable Court to order the balance, $14,457.51, be placed in a restricted account, bearing the name of the minor, John Stevens, marked, "not to be withdrawn until March 9, 2019," the minor's 23rd birthday. f WHEREFORE, Petitioner requests this Honorable Court to: a. Approve the Compromise above-stated; b. Authorize the payment of fees above-stated from funds due the minor; and c. Direct payment of the net funds due, in accordance with the Compromise above-stated. Respectfully submitted, DATE: HANDLER, HENNING & ROSENBERG, LLP BY: Sfe erVG.Held, Esq. I.D. No. 72663 Attorneys for Petitioners COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE BUREAU OF FINANCIAL OPERATIONS DIVISION OF THIRD PARTY LIABILITY -- CASWITY-UNIT _ P.O.BOX 8486 HARRISBURG, PA 17105.8486 October 28, 2008 HANDLER HENNING & ROSENBERG LLP STEPHEN G HELD ESQUIRE 1300 LINGLESTOWN RD HARRISBURG PA 17110 Re: JOHN STEVENS (minor) CIS #: 970133014 Incident Date: 06/26/2005 Dear Attorney Held: Pursuant to our previous correspondence, please be advised that our lien against your client's personal injury award is detailed on the attached statement of claim. Social Security Act §1902(a)(7) requires that this recipient information be safeguarded, used by you solely to recover funds that we provided. Disclosure for other purposes is subject to criminal and monetary penalties. Please contact this office well in advance of settlement so that we can provide you with an updated statement of claim. In the event that the Department continues to provide your client with medical and/or cash assistance, the amount of our claim will increase accordingly. This statement does not include any other claims which may exist. If copies of bills are needed, please contact the providers directly. Refer them to the Medical Assistance Bulletin, No. 99-98-01 (Effective Date 02/01/97). Checks should be made payable to the Department of Public Welfare and sent to my attention at the above address. We request that with all transmittal of funds, you provide the Department with a copy of the final distribution sheet. Please advise us of your position regarding payment of the Department's claim in this matter, as well as the present status of this case. If you have any further questions, please contact me. Thank you for your cooperation in this matter. S Angela S. Bonner Claims Investigation Agent 717-705-9701 717-772-6553 FAX Enclosure I COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE BUREAU OF FINANCIAL OPERATIONS TPL SECTION -CASUALTY UNIT PO BOX - 8486 HARRISBURG PA 17105-6486 October 22, 2008 STATEMENT OF CLAIM SUMMARY NAME STEVENS, JOHN ID 970133 014 MEDICAL USUAL CHARGES AMT APPROVED CLAIMS 13,771.00 1,645.95 CASH PERIOD COVERED DOLLAR AMOUNT CURRENT SOC - .00 REIMBURSEMENT' TO DPW 1,645.95 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE EIN - 23-6003113 GENERAL RELEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS that we, Spiridoula Paparounis, individually (hereinafter Paparounis) and on her own behalf as parent and natural guardian of John Stevens (hereinafter Stevens), a minor (hereinafter collectively referred to as Plaintiffs), for the sole consideration of Twenty-two Thousand Five Hundred Dollars ($22,500.00) to Plaintiffs in hand paid by Richard E Bottorf, Jr., Brenda L. Bottorf and Foremost Insurance Company Grand Rapids, MI (hereinafter collectively referred to as Defendants/Payers), the receipt whereof is hereby acknowledged, have released and discharged, and by these presents do for ourselves, our heirs, executors, administrators and assigns release and forever discharge Defendants/Payers, their insurance companies and all other persons, firms and corporations, both known and unknown, their heirs, executors, administrators, affiliates, successors and assigns, of and from any and all claims, demands, damages, actions, causes of action, or suits at law or equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by anyone prior to and including the date thereof on account of known or unknown injuries, losses and damages allegedly sustained by Plaintiffs out of damages allegedly sustained in relation to a slip and fall/trip and fall accident allegedly involving Stevens and occurring on or about June 26, 2005, on premises owned by Defendants Bottorf and which is the subject of litigation filed with the Court of Common Pleas of Cumberland County at Docket No. 07-3787. We understand that Defendants/Payers, by reason of agreeing to this compromise payment, neither admit nor deny liability of any sort, and said Defendants/Payers have made no agreement or promise to do or omit to do any act or thing not herein set forth and we further understand that this 1 Release is made as a compromise to avoid expense and to terminate all controversy and/or claims for injuries or damages of whatsoever nature, known or unknown, including future developments thereof, in any way growing out of or connected with said incident. We admit that no representation of fact or opinion has been made by Defendants/Payers or anyone on their behalf to induce this compromise with respect to the extent or nature of damages and that the sum paid is solely by way of compromise of a disputed claim, and that it is specifically agreed that this Release shall be a complete bar to all claims or suits for losses of whatsoever nature resulting or to result from said incident. It is further understood and agreed that this is the complete Release Agreement and that there are no written or oral understandings or agreements, directly or indirectly, connected with this Release and settlement which are not incorporated herein. This Agreement shall be binding upon and inure to the successors, assigns, heirs, executors, administrators and legal representatives of the respective parties hereto, including Plaintiffs. It is further understood and agreed and made a part hereof that neither the plaintiffs nor any of their attorneys, agents or other representatives, will in any way divulge to any person whatsoever or publicize or cause to be publicized in any news or communications media, including but not limited to, newspapers, magazines, journals, radio or television, the facts, terms or conditions of this Release and settlement. All parties to this Agreement expressly agree to decline comment on any aspect of the Release and settlement to any member of the news media. This paragraph is intended to become part of the consideration for the settlement of this claim. It is further understood and agreed that we, the undersigned, are responsible for the payment of any lien or charges against this settlement sum. Should any person or entity make a claim for payment of any liens or charges against Payers, its attorneys, agents, servants, and/or employees, we 2 hereby agree to indemnify and hold harmless Defendants/Payers, their attorneys, agents, servants, and/or employees from any and all liens, charges, fees, costs, interest, demands, and any and all other sums, including payment of all costs and attorneys fees. In consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the sufficiency of which is acknowledged, and intending to be legally bound hereby, the parties agree as follows: Plaintiffs will prepare and file a Petition for Court of Approval of Minor's Compromise involving Stevens for the amount of Twenty-Two Thousand Five Hundred Dollars ($22,500). A copy of this Settlement Release Agreement will be affixed to the aforementioned Petition as an Exhibit; 2. This settlement is contingent upon Court approval of the minor's compromise involving Stevens; and 3. Within 30 days of receipt of the Court's approval of the minor's compromise, plaintiffs will prepare and file a Praecipe to settle, discontinue and end, with prejudice all claims held by Paparounis and Stevens. THIS SPACE INTENTIONALLY LEFT BLANK 3 Plaintiffs hereby declare for themselves that the terms of this settlement have been completely read, fully understood, and voluntarily accepted for the purpose of making a full and final compromise, adjustment and settlement of any and all claims on account of the injuries and damages mentioned above, and for the express purpose of precluding forever any further or additional suits arising out of the aforesaid claims. IN WITNESS WHEREOF, I have hereunto set my hand this day of 2009. CAUTION: READ BEFORE SIGNING In the presence of: Witness Spiridoula Paparounis, individually and on her own behalf as parent and natural guardian of John Stevens, a minor 4 CONTINGENT FEE AGREEMENT I, Spiridoula Paparounis, Natural Parent and Legal Guardian of John Stevens Jr.do hereby retain HANDLER, HENNING & ROSENBERG, LLP., of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute in my name, any legal proceedings or actions that, in their judgment are necessary, against Defendant(s) yet to be determined or against anyone else as a result of injuries and damages I sustained in an incident that occurred on 6/26/2005. I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. In consideration of the services so to be rendered by Handler, Henning & Rosenberg, LLP, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%) of whatever sum is recovered as a result of settlement without lawsuit; or FORTY PERCENT (40%) of whatever sum is recovered after lawsuit is filed or in the event of arbitration or mediation. I will reimburse Handler, Henning & Rosenberg, LLP. for any necessary expenses advanced on my behalf in pursuing my claim. Examples of typical expenses include Court filing fees, investigation, auto mileage, photocopies, court reporters, medical records, expert witness fees, etc. if no money is obtained, client will not owe a legal fee or expenses. I also agree to take possession of my medical files at the conclusion of this case. My failure to take possession of these files within 60 days after the conclusion of the case will authorize my lawyers to destroy said files. I agree that HANDLER, HENNING & ROSENBERG, LLP. may associate additional lawyers to assist with this case and I agree to the sharing of fees between lawyers. I understand the terms herein apply to other lawyers associated on this case. l understand that the association of other lawyers does not increase the amount of the attorney fees at the conclusion of the case. Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. I acknowledge that I have read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of the same. The terms set forth herein are accepted. I have hereunto set my hand and this 29th day of SEAL) Sp ridoula Paparouni Natural Parent and Legal Guardian of John Stevens , Jr. IN WITNESS WHEREOF, t andler, anning? osenberg,up ATTORNEYS AT LAW 1300 Linglestown Road, Harrisburg, PA 17110 John Stevens 617 Bridge Street Apt B New Cumberland, PA 17070 INVOICE PAYMENT DUE UPON RECEIPT EXPENSES Client No: 210730 Matter: 00000 Attorney: SGH PL Pre-Bill No: 29989 Bill Date: May 28, 2009 09/08/2005 Vendor CHART ONE INC.; General Case Expense 42.22 :I .. . I .. `? ,,, , - x_ 11;: 09/20/2005 Vendor RECORDEX ACQUISITION CORP; General Case Expense 70.29 ' 09/29/2005 Vendor HERSHEY MEDICAL CENTER; General Case Expense NN 15.00 ' M 10/20/2005 General Case Expense - Rec of Deeds Cumberland County 1.50 12/16/2005 . S ,?.. Copies .. - 2.60 MlN. ` i . .... .. ... yf'?1 1ly§r 06/19/2007 Vendor PROTH OF CUMBERLAND CO; General Case Expense 78.50 06119/2007 Vendor SHERIFF OF CUMBERLAND CO; General Case Expense 100.00 07116/2007 General Case Expense - REFUND SHERIFF OF CUMBERLAND COUNTY -39.10 07/19/2007 Vendor PROTH OF CUMBERLAND CO; General Case Expense 5.50 .,. Y?'airltmS??s:fiMfaeJiruaiu;:®,u«Eu«yiyume,:a?wex?e?ernri;,:,,,.:... , 07/26/2007 General Case Expense - REFUND SHERIFF OF CUMBERLAND COUNTY 5.00 07/26/2007 General Case Expense - CORRECTION OF LAST ENTRY -5.00 07/26/2007 General Case Expense - REFUND PROTH OF CUMBERLAND COUNTY -5.00 10/15/2007 Vendor FROTH OF DAUPHIN COUNTY; GENERAL CASE EXPENSE 10.00 11ROW, M", 101 0, 1 02/19/2008 CD formating/copying/burning 3.00 ru L n?q riJ h I 06/19/2008 Vendor FROTH OF CUMBERLAND CO; General Case Expense 3.00 07/18/2008 Auto Track Search 15.00 210730 Stevens, John Pre-Bill # 29989 page 2 08/11/2008 Vendor GEIGER & LORIA REPORTING; GENERAL CASE EXPENSE 273.60 ;;?, 10/17/2008 Auto Track Search 38.40 7 05/31/2009 Document Reproduction 6.20 05/31/2009 Document Reproduction 121.80 [ f h [ yl? FI 9 ? ... i . I 05/31/2009 Mileage IP 6.57 { i?Sf [ 9. H Ir Ni' ? ?y [ Y i 1? ? ? ! h? ' 1L1 r Iti l h? F 41 V ? 1 05/31/2009 Postage Costs 16.75 05/31/2009 Postage Costs 17.377 * ?f'?j?, ??I 05/31/2009 Long Distance Telephone Charges 3.33 ' F}?k4+2 low TOTAL EXPENSES $786.53 Total due this invoice $786.53 TOTAL BALANCE DUE $786.53 - 78 MAKEHECKS PAYABLE TO: Cl ® 11 V?sa V 0 AST XRD M DISCOV V IS ER - CARD NUMBER EXP. DATE New Cumberiand FD Ambulance Billing Office SIGNATURE AMOUNT P.O. BOX 726 INVOICE DATE RUN NUMBER PAY THIS AMOUNT, New Cumberland, PA 17070 10/7/2005 05-35098 $318.00 Local TEL: (717) 214-6018 TIN: 23-2214997 Toll Free TEL: (877) 214-6018 FAX: (717) 214-6020 email: info@ambulancebillingoffice.com SPIRIDOULA PAPAROUNIS 317B BRIDGE STREET MECHANICSBURG, PA 17055 PLEASE MAKE ANY CORRECTIONS TO ADDRESS ABOVE. Patient Name: STEVENS, JOHN Patient SSN: XXX-XX-9495 e r ?I Date of Service: 6/26/2005 21:07 From: RESIDENCE To: Harrisburg Hospital (Pinnacle) i t I Primary Payor: Bill Patient Secondary Payor: DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT. Procedure Total Date Description Code _ _Qty _ Unit Price Charge 6/26/05 Basic Life Support/Emergency A0429 1 6/26105 Mileage A0425 3 Total 300.00 300.00 6.00 18.00 318.00 0.00 0.00 PATIENT HAS FAILED TO PROVIDE INSURANCE INFORMATION TO OUR OFFICE. PLEASE ASSIST OUR OFFICE IN OBTAINING THIS INFORMATION FROM THE PATIENT. THANK YOU Discounts / Adjustments New Cumberland FD Ambulance, 877 214-601IIIN?II?I??II?II?IIJill III PAY THIS AMOUNT III* STEVENS, JOHN 05-35098 P VERIFICATION THE UNDERSIGNED hereby verifies that the statements in the foregoing document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not my own. I have read the said document and, to the extent that it is based on information that I gave to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the said document is that of counsel, I have relied upon my counsel in preparing this Verification. THE UNDERSIGNED also understands that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. Date: S IRIDOULA PA OUNI A Stephen G. Held, Esq. I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Petitioners Fax: (717) 233-3029 E-mail: Held hhrlaw com JOHN J. STEVENS, : IN THE ORPHAN'S COURT OF a Minor by and through his natural : CUMBERLAND COUNTY, PENNSYLVANIA parent and guardian, SPIRIDOULA PAPAROUNIS Petitioner V. RICHARD BOTTORF, JR. and BRENDA BOTTORF, Defendant. : NO. 07-3787 : CIVIL ACTION - LAW : MINOR'S COMPROMISE CERTIFICATE OF SERVICE On this I day of September, I hereby certify that a true and correct copy of a Petition for Leave to Compromise Minor's Actions was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Mr. Jason P. McNicholl, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Dated: 9/11/09 HANDLER, HENNING & ROSENBERG, LLP Stephen V. HM 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 RLED-OFFICE OF TFE PROT1°INO APY 2009 SEP -4 PM 3: 01 Stephen G. Held, Esq. I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Held(&-hhrlaw.com Attorneys for Petitioner JOHN J. STEVENS, a Minor by and through hIS natural : CUMBERLAND COUNTY, PENNSYLVANIA parent and guardian, SPIRIDOULA PAPAROUNIS Petitioner : NO. 07-3787 V. CIVIL ACTION - LAW RICHARD BOTTORF, JR. and BRENDA BOTTORF, Defendant. : MINOR'S COMPROMISE ORDER AND NOW, this _0 day of S ILO`U+ 66' 2009, upon consideration of the foregoing Petition, IT IS HEREBY ORDERED that the disbursement of funds, as well as counsel) fees and expenses, are approved as set forth in said Petition and shall be disbursed in accordance with the terms and conditions of the settlement agreement as follows: A. Direct payment of $6490.03 to Stephen G. Held, Esq., repres0iting reasonable attorney's fees of $5625.00 and $865.03 for reimbursement of costs; B. Direct payment of $14,457.51, to be placed into a restricted accounts in the name of the minor, John Stevens, marked not to be withdrawn until March 9, 20119, the minor's 23rd birthday; C. Direct payment of $1234.46, to The Department of Public Welfare. D. Direct payment of $318.00, to New Cumberland FD Ambulance. E. Proof of deposit is to be filed with the Court. BY THE COURT: ?? ??v -% FILED- - E Or' THE- PR"ID . ° ,ID ARY 2009 SEP i I A 10: 2 2 C mM t !„JN PENN` YL! XNA 9//O3- 0 ??y mY,(?( Stephen G. Held, Esq. I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Petitioners Fax: (717) 233-3029 E-mail: Held hhrlaw corn JOHN J. STEVENS, : IN THE ORPHAN'S COURT OF a Minor by and through his natural : CUMBERLAND COUNTY, PENNSYLVANIA parent and guardian, . SPIRIDOULA PAPAROUNIS Petitioner : NO. 07-3787 V. RICHARD BOTTORF, JR. and BRENDA BOTTORF, Defendant. : CIVIL ACTION - LAW : MINOR'S COMPROMISE PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please mark the above-captioned matter settled and discontinued. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP DATE: ?I BY: Steph Id, Esq. I.D. No. 72663 Attorneys for Petitioners r Stephen G. Held, Esq. I.D. No. 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Petitioners Fax: (717) 233-3029 E-mail: Held6hhrlaw.com JOHN J. STEVENS, : IN THE ORPHAN'S COURT OF a Minor by and through his natural : CUMBERLAND COUNTY, PENNSYLVANIA parent and guardian, SPIRIDOULA PAPAROUNIS Petitioner : NO. 07-3787 V. RICHARD BOTTORF, JR. and BRENDA BOTTORF, Defendant. : CIVIL ACTION - LAW : MINOR'S COMPROMISE CERTIFICATE OF SERVICE On this day of November, 2009, 1 hereby certify that a true and correct copy of a Praecipe for Discontinuance was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Mr. Jason P. McNicholl, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 HANDLER, HENNING & ROSENBERG, LLP Dated: ?( nlo? 0; SStephenW.f e d 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 try