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Home My WebLink About01-6564TOSHA THORSON, a minor, by her Parents, T. GREGORY and CHERLENE THORSON, and T GREGORY and CHERLENE THORSON, Plaintiffs AMATEUR SOFTBALL ASSOCIATION: OF PENNSYLVANIA, INC., and : CARLISLE GIRLS' SOFTBALL : ASSOCIATION, and : DAVID BAILEY, Individually and as : President of the Carlisle Girls' Softball : Assoc., and : MICHAEL GOOD, Individually and as : Vice-President of the Carlisle Girls' : Softball Assoc. : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ol- NO. I~- * CIVIL TERM CIVIL ACTION - LAW JURYTRIALDEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TOSHA THORSON, a minor, by her Parents, T. GREGORY and CHERLENE THORSON, and T GREGORY and CHERLENE THORSON, Plaintiffs V. : : AMATEUR SOFTBALL ASSOCIATION: OF PENNSYLVANIA, INC., and : CARLISLE GIRLS' SOFTBALL : ASSOCIATION, and : DAVID BAILEY, Individually and as : President of the Cadisle Gids' Softball : Assoc., and : MICHAEL GOOD, Individually and as : Vice-President of the Carlisle Gids' : Softball Assoc. : Defendants : : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 0~~ ~ (~L~ CIVIL TERM : CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiffs, TOSHA, T. GREGORY and CHERLENE THORSON, by and through their attorneys, TURO LAW OFFICES, and do respectfully represent the following: FACTS APPLICABLE TO ALL COUNTS: 1. Plaintiff, TOSHA THORSON, is a minor individual with a date of birth of June 25, 1985, and she currently resides at 507 North Bedford Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Plaintiff, T. GREGORY THORSON, currently resides at 507 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff, CHERLENE THORSON, currently resides at 507 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. Plaintiffs T.GREGORY and CHERLENE THORSON are the parents and natural guardians of Plaintiff TOSHA THORSON. 5. The Defendant, AMATEUR SOFTBALL ASSOCIATION OF PENNSYLVANIA, INC., is an incorporated association, which sanctions the participation of children in formal softball activities, and has a current registered address of 321 N. Westend Ave., Lancaster, PA 17603. 6. The Defendant, CARLISLE GIRLS' SOFTBALL ASSOCIATION, is an unincorporated organization associated with Defendant, AMATEUR SOFTBALL ASSOCIATION, and provides organized softball opportunities for children in the greater Cadisle area. 7. The Defendant, DAVID BAILEY, is an adult individual currently residing at 1 Kimbedy Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 8. The Defendant, MICHAEL GOOD, is an adult individual currently residing at 1 Robert Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 9. At all times relevant herein, Defendant BAILEY was the President of Defendant CARLISLE GIRLS' SOFTBALL ASSOCIATION. 10. At all times relevant herein, Defendant GOOD was the Vice-President of Defendant CARLISLE GIRLS' SOFTBALL ASSOCIATION. 11. At all times relevant herein, the minor Plaintiff TOSHA THORSON participated as a softball player on the team known as "Constable York". Said team was organized under the Defendants AMATEUR SOFTBALL ASSOCIATION and the CARLISLE GIRLS' SOFTBALL ASSOCIATION. 12. At all times relevant herein, Defendant GOOD was the coach for the "Constable York" softball team. 13. At sometime prior to May 14, 1997, Defendant BAILEY did build, manufacture or obtain a contraption which he intended to be used for batting practice by members of Defendants AMATEUR SOFTBALL ASSOCIATION and the CARLISLE GIRLS' SOFTBALL ASSOCIATION, specifically including the "Constable York" softball team of which the minor Plaintiff TOSHA THORSON was a member. 14. The contraption referred to above for practice in hitting softballs was an unapproved device having been built, manufactured or obtained by Defendant BAILEY. 15.The batting contraption referred to was inherently dangerous in that it did not incorporate any safety devices to prevent injuries to those who used the device for practice. 16. The facts and circumstances hereinafter set forth took place on May 14, 1997, at or about 6:00 PM, at the Lamberton Middle School softball field in Carlisle, Pennsylvania. 17. At the aforesaid time and place, the minor Plaintiff TOSHA THORSON was preparing for a softball game scheduled for that evening by Defendants AMATEUR SOFTBALL ASSOCIATION and the CARLISLE GIRLS' SOFTBALL ASSOCIATION. 18. At the aforesaid time and place the minor Plaintiff TOSHA THORSON was directed by Defendant BAILEY and her team coach, Defendant GOOD, to utilize this hitting device in order to practice her batting prior to the game. 19. At the aforesaid time and place the minor PlaintiffTOSHA THORSON, under the direction, care and control of Defendants AMATEUR SOFTBALL ASSOCIATION, the CARLISLE GIRLS' SOFTBALL ASSOCIATION, BAILEY and GOOD, did strike a ball attached to the hitting device which, in turn, was attached to a string or rope in order to allow the ball to return to its original position. 20. Upon being hit, the ball flew back into the face of the minor Plaintiff TOSHA THORSON, and caused her to suffer serious and permanent injuries, including but not limited to the following: A) Two broken teeth and severe dental problems; B) Severe pain of the muscles, tendons, ligaments, nerves and soft tissue at or about the jaw, face and head; C) Facial contusions; D) Permanent disfigurement; E) Shock to the nerves and nervous system; and F) Mental and physical anguish. 21. As a direct and proximate result of the aforesaid injuries, the minor Plaintiff TOSH^ THORSON has undergone, and in the future will undergo, great pain and suffering, for which damages are claimed. 22. As a direct and proximate result of the aforesaid injuries, the minor Plaintiff TOSHA THORSON has had, and in the future will incur, expenses for medical treatment, for which damages are claimed. 23. As a direct and proximate result of the aforesaid injuries, the minor Plaintiff TOSHA THORSON has suffered, and will continue to suffer, mental anguish, humiliation, embarrassment and a loss of self-esteem, for which damages are claimed. 24. As a direct and proximate result of the aforesaid injuries, the minor Plaintiff TOSHA THORSON has sustained a permanent diminution in her ability to enjoy life and life's pleasures, for which damages are claimed. COUNT I TOSHA, T. GREGORY AND CHERLENE THORSON V. AMATEUR SOFTBALL ASSOCIATION, CARLISLE GIRLS' SOFTBALL ASSOCIATION, DAVID BAILEY and MICHAEL GOOD 25. Paragraphs 1 through 24 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 26. At all times relevant hereto, Defendants AMATEUR SOFTBALL ASSOCIATION, CARLISLE GIRLS' SOFTBALL ASSOCIATION, BAILEY and GOOD owed a duty of care to the minor Plaintiff TOSHA THORSON. The Defendants were negligent in that they failed to provide a safe, healthy and appropriate environment for the minor Plaintiff to play softball. 27.The aforesaid injuries were a direct and proximate result of the negligence of Defendant AMATEUR SOFTBALL ASSOCIATION, acting through its agents, servants and/or employees, Defendants CARLISLE GIRLS' SOFTBALL ASSOCIATION, BAILEY and GOOD. 28. The aforesaid injuries were also a direct and proximate result of CARLISLE GIRLS' SOFTBALL ASSOCIATION, acting through its agents, servants and/or employees, DAVID BAILEY and MICHAEL GOOD. 29. The aforesaid injuries were also a direct and proximate result of BAILEY and MICHAEL GOOD, acting individually. 30. Defendants actions were careless, reckless and negligent as follows: A) In allowing the building, manufacture or procurement of a batting contraption which was negligently designed and inherently dangerous; B) In allowing the unsafe barfing device to be utilized for batting practice; C) In allowing use of a batting device which was defective in design; D) In failing to properly inspect the batting device for dangerous conditions; E) In failing to make safe any dangerous conditions which defendants knew or should have known were present in the batting device; F) In failing to warn the minor Plaintiff and her parents of the inherent dangers in using the barfing device; G) In failing to exercise safety precautions; H) In failing to exercise the high degree of care required in supervising the minor Plaintiff; and G) In allowing conditions involving an unreasonable risk of harm to exist. WHEREFORE, for all the above reasons, the minor Plaintiff, TOSHA THORSON, by and through her parents and natural guardians, Plaintiffs T. GREGORY AND CHERLENE THORSON, demand judgment in their favor and against the Defendants, both individually and jointly, in an amount in excess of $25,000.00. COUNT II TOSHA, T. GREGORY AND CHERLENE THORSON v. AMATEUR SOFTBALL ASSOCIATION 31. Paragraphs 1 through 30 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 32. At the time of the incident Defendants CARLISLE GIRLS' SOFTBALL ASSOCIATION, DAVID BAILEY and MICHAEL GOOD were acting with the expressed and/or implied permission of the Defendant AMATEUR SOFTBALL ASSOCIATION. 33. Defendant, AMATEUR SOFTBALL ASSOCIATION was careless, reckless and negligent in that: A) It entrusted and allowed CARLISLE GIRLS' SOFTBALL ASSOCIATION, DAVID BAILEY and MICHAEL GOOD to use the unsafe batting device for practice, when AMATEUR SOFTBALL ASSOCIATION knew or should have known it was likely the device would create an unreasonable risk of harm to others; B) It entrusted and allowed CARLISLE GIRLS' SOFTBALL ASSOCIATION, DAVID BAILEY and MICHAEL GOOD to use the unsafe batting device for practice, when AMATEUR SOFTBALL ASSOCIATION knew or should have known that their actions were reckless and/or negligent. C) It entrusted and allowed CARLISLE GIRLS' SOFTBALL ASSOCIATION, DAVID BAILEY and MICHAEL GOOD to exercise direct custody and control over the minor Plaintiff, when AMATEUR SOFTBALL ASSOCIATION knew or should have known that their actions were reckless and/or negligent. WHEREFORE, for all the above reasons, the minor Plaintiff, TOSHA THORSON, by and through her parents and guardians, T. GREGORY AND CHERLENE THORSON, demand judgment in their favor, and against AMATEUR SOFTBALL ASSOCIATION, for compensatory damages in an amount in excess of $25,000.00. COUNT III TOSHA, T. GREGORY AND CHERLENE THORSON v CARLISLE GIRLS' SOFTBALL ASSOCIATION 34. Paragraphs 1 through 33 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 35. Defendant, CARLISLE GIRLS' SOFTBALL ASSOCIATION, was careless, reckless and negligent in that: A) It entrusted and allowed DAVID BAILEY and MICHAEL GOOD to use the unsafe batting device for practice, when CARLISLE GIRLS' SOFTBALL ASSOCIATION knew or should have known it was likely the device would create an unreasonable risk of harm to others; B) It entrusted and allowed DAVID BAILEY and MICHAEL GOOD to use the unsafe batting device for practice, when CARLISLE GIRLS' SOFTBALL ASSOCIATION knew or should have known that their actions were reckless and/or negligent. C) It entrusted and allowed DAVID BAILEY and MICHAEL GOOD to exercise direct custody and control over the minor Plaintiff, when CARLISLE GIRLS' SOFTBALL ASSOCIATION knew or should have known that their actions were reckless and/or negligent. WHEREFORE, for all the above reasons, the minor Plaintiff, TOSHA THORSON, by and through her parents and guardians, T. GREGORY AND CHERLENE THORSON, demand judgment in their favor, and against CARLISLE GIRLS' SOFTBALL ASSOCIATION, for compensatory damages in an amount in excess of $25,000.00. COUNT IV T. GREGORY AND CHERLENE THORSON v. AMATEUR SOFTBALL ASSOCIATION, CARLISLE GIRLS' SOFTBALL ASSOCIATION, DAVID BAILEY AND MICHAEL GOOD 36. Paragraphs 1 through 35 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 37. As a further result of injuries sustained by their child, TOSHA THORSON, Plaintiffs T. GREGORY and CHERLENE THORSON have been deprived of their child's assistance and services, to their detriment and loss. 38. As a further result of injuries sustained by their child, TOSHA THORSON, Plaintiffs T. GREGORY and CHERLENE THORSON have incurred medical expenses for the treatment of their child's injuries. 39. As a further result of injuries sustained by their child, TOSHA THORSON, Plaintiffs T. GREGORY and CHERLENE THORSON have missed time from work in order to accompany their daughter for medical treatment. 40. As a further result of injuries sustained by their child, TOSH^ THORSON, Plaintiffs T. GREGORY and CHERLENE THORSON have suffered, and will continue to suffer, mental anguish and stress. WHEREFORE, for all the above reasons, T. GREGORY AND CHERLENE THORSON, demand judgment in their favor and against the Defendants, both individually and jointly, in an amount in excess of $25,000.00. Date: ./~- ~/-~,2001 Respectfully Submitted, C~rol L.-Cin.~ranelli, Es~uire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 717) 245-9688 VERIFICATION We, T. Gregory and Cherlene Thorson, verify that the statements made in the foregoing Complaint are true and correct to the best of our knowledge. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unsworn falsification to authorities. T. Gregory~T~orson Cherlene Thorson~-'~ - - SHERIFF'S RETURN CASE NO: 2001-06564 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CU-MBERLkND THORSON TOSHA ET AL VS AMATEUR SOFTBALL ASSOCIATION - REGULAR KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BAILEY DAVID INDIV AND AS PRES CARLISLE GIRLS SOFTBALL ASSOC the DEFENDANT , at 1915:00 HOURS, on the 27th day of November , 2001 at 1 KIMBERLY LANE CARLISLE, PA 17013 DAVID BAILEY by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ~[~ day of ~~L~ ~31 A.D. ~~~t~ So Answers: R. Thomas Kline 12/i7/200i CAROL CINGRANELLI By: ut~/Sh~ SHERIFF'S RETURN CASE NO: 2001-06564 P COMMONWEALTH OF PEN~NSYLVANIA: COUNTY OF CUMBERLAND THORSON TOSHA ET AL VS AMATEUR SOFTBALL ASSOCIATION - REGULAR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon GOOD MICHAEL IND AND AS V PRES CARLISLE GIRLS SOFTBALL ASSOC the law, DEFENDA/qT , at 2038:00 HOURS, at 1 ROBERT LANE CARLISLE, PA 17013 BARBARA GOOD, WIFE on the 27th day of November , 2001 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.55 Affidavit .00 Surcharge t0.00 .00 20.55 Sworn and Subscribed to before me this ~[ ~ day of So Answers: R. Thomas Kline 12/17/2001 CAROL CINGR_ANELLI By: ep~ty ~ri f f SHERIFF'S RETURN - OUT OF CASE NO: 2001-06564 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAIqD THORSON TOSHA ET AL VS AMATEUR SOFTBALL ASSOCIATION COUNTY R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: AMATEUR SOFTBALL ASSOCIATION OF PENNSYLVANIA INC , Sheriff or Deputy Sheriff who being search and but was unable to locate Them in his bailiwick. deputized the sheriff of LANCASTER County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On December 17th , 2001 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Lancaster Co 41.54 .00 66.54 12/17/2001 CAROL CINGRANELLI R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~l~{ day of ~ ~ro~honotar~ SHERIFF'S OFFIC 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 * (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN t PLAINTIEF/S/ Tosha Thorson et al ~EA~ ~PE COURT NUMBER 01-6564 civil TYPE OF WRIT OR COMPLAINT: 3 DEFENDANT/S/ Amateur Softball Association of Pennsylvania et al SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO BE SERVED. Amateur Softball Association of Pennsylvania, Inc. 6 ADDRESS (Street or RFD, Apartment No.. City, Boro, Twp., State and ZIP Code) AT ~321 N. Westend Ave. Lancaster, PA 17603 7. INDICATE UNUSUAL SERVIC~] DEPUTIZE [] OTHER C~'n~'r*l Now, ~,,~N=c~- ~ 20 __QL, I, SHERIFF OF ~ COUNTY, PA., do hereby d~Dutize the Sheriff of ........ County to execute this Writ~l~CJ=~n thereof ac~e~jJ,j~ to law. This deputation being made at the request and risk of the plaintiff. .T~''~ g. SPECIAL INSTRUCTION8 OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:~.~.-,---~--,- ~-~ NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shehff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is fou nd in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the shedff to any plaintiff herein for any loss, destruction or removal of any such property before shedff's sale thereof. g.~SIGNATUREL. ~LI,°f ATTORNEY or~.other ORIGINATOR 10. 717--2~TELEPHONE NUMBER 11. DATEi ~ 12. SENe NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be ~ompleted if notice is to be mailed). 28 S2U~ P~££ SI~E~ C.A~,T~.R, PA. 17013 13. I acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14, Date Received 15, Expiration/Hearing date orcomplaintasindicatedabove. } .h~i'~.~ i,',%~Z'~ ~ 717--295--3609 ~L/25/01 12/'2~/01 16.1herebyCERTIFYandRETURN thatl[]havepersonallysen, ed~.~,,a,havelegaievidenceo servceasshown n"Remarks",[~haveexecutedasshownin porat on, etc., at the address inserted below by handing a TRUE an~I'~A~ST E D COPY thereo "Remarks",thewritorcomplaintdescribedontheindividual, co y corporation etc. attheaddressshownaboveoron he ndvdua company, cor- 17. [3 I hereby certify and return a NOT,FOUND because E~ unable to locate the individual, company, corporation, etc. named above, (See remarks below) 18 Name and tit. lc of indivi~al l~erved~if not shown above) (P~lationship to Defendant) 19. rnNoSe~lce State and Zip Code) ~ MY COMMISSION EXPIRES ,, ~'~i~F O~.~"gNg'~a~G~ COUNTY TOSHA THORSON, a minor, by her Parents, T. GREGORY and CHERLENE THORSON, and T GREGORY and CHERLENE THORSON, Plaintiffs AMATEUR SOFTBALL ASSOCIATION: OF PENNSYLVANIA, INC., and : CARLISLE GIRLS' SOFTBALL : ASSOCIATION, and : :~AVlD BAILEY, Individually and as : President of the Cadisle Girls' Softball : Assoc., and : MICHAEL GOOD, Individually and as : Vice-President of the Carlisle Gifts' : Softball Assoc. : Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA , : NO. 0'1-6564 CIVIL TERM : CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION TO COMPROMISE, SETTLE AND DISCONTINUE ACTION AND NOW, pursuant to PA Rules of Civil Procedure, Rule 2039, comes thc Plaintiffs, TOSHA THORSON, a minor, by her parents and natural guardians, GREGORY THORSON and CHERLENE THORSON, and presents this Petition seeking this Court to approve an agreement to settle and discontinue the above-captioned action. GREGORY THORSON and CHERLENE THORSON, are the parents of the minor child, TOSHA THORSON. TOSHA THORSON is a minor, having been born on June 25, 1985. The action docketed at Civil # 01-6564 was brought to recover damages for dental injuries sustained on May 14, 1997 during softball practice sponsored and supervised by Defendants. - ~ 001 1'7:57 FAX $5gt5.56)$4 ACE APL CLAIMS AC[ INA Group E56-75'3.5319 National Claims Facilky 855.755~5084 fax 55 He~do~ield E0., Suite 210 d~nna.~mham~aceqn~,com pO ~ox 5081 ~.~ce-ina.com Cher~ Hill. NJ 06002 Donna M, Graham Team Leaclet' Januar~10,2O02 Turo Law Office~ 28 South P~tt Stxeet Carlisle, PA 17013 A~aa: Carol Cingran¢lli, Esq. Tosha Thorson, a rainor by her parents, & T. Gregor3' & Ch,~lene Thorson, indiv, v. Amateur Softball Association, et al. File Number: 510 L 513078-5 Date of Loss: May 14, 1997 Dear Ms. Cingn'anelli: 'Ibis letter serves to confirm that the Thorson's have accepted the offer of $25,000 as full and final settlement of the above captioned matter. The $25,000 sum includes incurred out of pocket medical expenses, which are in the area o! $2,500. As we fm'ther discussed, you will take the appropriate steps to schedule ~h¢ infant compromise heating wlth the court for: approval of the set'dement. Thank you for your continual courtesy and cooperation. Very traly yoars, Donna M Graham CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Petition To Compromise Settle And Discontinue Action upon Donna M. Graham and Timothy J. Huber, Esquire, b~ depositing same in the United States Mail, first class, postage pre-paid on the /,.~ day of /4~/~'~,c(, 2002, from Carlisle, Pennsylvania, addressed as follows: Donna M. Graham Team Leader ACE INA Group 55 Haddonfield Road, Suite 210 P.O. Box 5081 Cherry Hill, NJ 08002 Timothy J. Huber, Esquire Buzgon Davis 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042 TURO LAW OFFICES Carol L. Cingranelli, Esq~re 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs TOSHA THORSON, a minor, by her Parents, T. GREGORY and CHERLENE THORSON, and T GREGORY and CHERLENE THORSON, Plaintiffs AMATEUR SOFTBALL ASSOCIATION: OF PENNSYLVANIA, INC., and : CARLISLE GIRLS' SOFTBALL : ASSOCIATION, and : DAVID BAILEY, Individually and as : ~resident of the Carlisle Girls' Softball : Assoc., and : MICHAEL GOOD, individually and as : Vice-President of the Cadisle Girls' : Softball Assoc. : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6564 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this ~ day of ~, L, t ,~ ,,) ? , 2002, upon review of the Petition presented on behalf of Plaintiffs in the above-captioned case to settle and compromise the above action, GREGORY THORSON and CHERLENE THORSON, as parents of the minor injured Plaintiff, and TOSHA THORSON, the minor plaintiff, are granted permission to compromise and settle the claim of TOSHA THORSON against the Defendants for $25,000 in full satisfaction and release of any and all other claims in this matter. FURTHER, the funds shall be distributed as follows: all outstanding medical bills related to treatment of the plaintiff's injuries herein are to be paid in full as outlined in the petition; $15,000 shall be deposited in a savings account to be held in trust for TOSHA THORSON, which shall not be disbursed prior to the attainment of majority or upon order of Court authorizing a distribution for good reason shown; attorney's fees in the amount of 25% of the whole settlement, or $6,250, shall be made payable to Turo Law Offices; and the remaining funds shall be disbursed to the Thorson family. BY THE COURT: - J. CERTIFICATE OF SERVICF I hereby certify that I served a true an//d correct copy of the foregoing Praecipe to Discontinue on the ~ day of J~.,/.~ , 2002, by First Class mail addressed as follows: Donna M. Graham Team Leader ACE INA Group 55 Haddonfield Road, Suite 210 P.O. Box 5081 Cherry Hill, NJ 08002 Timothy J. Huber, Esquire Buzgon Davis 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042 TURO LAW OFFICES Carol L. Cingranelli, Esq~re 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs