HomeMy WebLinkAbout12-1925_ J3 t
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ANGINO & ROVNER, P.C.
David L. Lutz. Esquire
Attorney 1D# : 35956
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
E-mail: dlutzaangino-rovner.com
CHRISTOPHER LAUVER, father and
natural guardian of CHENELLE
LAUVER, a minor,
Plaintiff
V.
ERIKA WARD and DAVID ALTER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. aU la . 1 Cl 9S e l?c'
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO DEFEND
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 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.
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489707 ORIGINAL
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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se persentan mas adelante en las siguientes paginas, debe tomar accion dentro de
los proximos veinte (20) dias despues de la notificacion 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 aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos
importantes para used.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USED 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
489707
ANGINO & ROVNER, P.C.
David L. Lutz, Esquire
Attorney ID# : 35956
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
E-mail: dlutz@angino-rovner.com
CHRISTOPHER LAUVER, father and
natural guardian of CHENELLE
LAUVER, a minor,
Plaintiff
V.
ERIKA WARD and DAVID ALTER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff Chris Lauver is the father and natural guardian of Chenelle Lauver.
Chenelle is 10 years old having been born on February 4, 2002. Chenelle and her father live in
Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendants Erika Ward and David Alter are adult individuals and citizens of the
Commonwealth of Pennsylvania who reside at 53 Warwick Circle, Mechanicsburg, Cumberland
County, Pennsylvania, 17050.
3. The facts and occurrences hereinafter related took place on or about February 7,
2011, at the Defendants' home located at 53 Warwick Circle.
4. At that time and place, Chenelle was a guest at the Defendants' home located at
53 Warwick Circle.
5. Immediately before the dog attacked, Chenelle and Ivvy Morder were sitting at
Defendants' kitchen table eating a snack.
489707
6. At the same time, Defendant David Alter permitted Defendant Erika Ward's pit
bull to be taken from a cage and let loose to run in the home.
7. The unrestrained pit bull ran directly from its cage to the kitchen and attacked
Chenelle. More specifically, the pit bull jumped onto Chenelle as she was sitting in a chair in the
kitchen and bit her right bieep and right thigh.
8. Defendant David Alter had to pull the pit bull away from Chenelle during the
attack.
9. At no time during the attack did Chenelle or Ivvy Morder do anything to provoke
the pit bull.
10. Before the attack on February 7, 2011, the Defendants were aware of the pit bull's
vicious propensities and the need to keep the dog in a cage while other persons were in the home.
11. All of the injuries and damages sustained by Plaintiffs Chenelle Lauver and
Christopher Lauver are the direct result of the negligent, careless, reckless, outrageous, and
wanton conduct of the Defendants as follows:
a. failing to ensure that the pit bull was properly restrained so it had no
chance to attack Chenelle;
b. failure to keep the pit bull under reasonable control;
C. failure to train the pit bull not to attack little girls;
d. maintaining a dangerous and vicious animal in a residential neighborhood;
and
e. maintaining a dangerous and vicious animal that should have been kept in
a cage while Chenelle was visiting.
489707 2
CLAIM I
Christopher Lauver as father and natural guardian of Chenelle Lauver v. Erika Ward and David
Alter
12. Paragraphs 1 through 11 of the Complaint are incorporated herein by reference.
13. By reason injuries sustained by Chenelle Lauver, Christopher Lauver, her father
and natural guardian, was forced to incur liability for medical treatment, plastic surgical
consultation, and similar miscellaneous expenses in an effort in an effort to restore Chenelle's
health, and claim is made therefor.
14. Because of the nature of Chenelle's injuries, Plaintiff Christopher Lauver, as
father and natural guardian of Chenelle Lauver, has been advised and therefore avers that he will
be forced to incur similar expenses in the future, particularly plastic surgical expenses, in order
to attempt to minimize Chenelle's permanent scarring, and claim is made therefor.
OT A TN A TT
Chenelle Lauver v. Erika Ward and David Alter
15. Paragraphs 1 through 14 of the Complaint are incorporated herein by reference.
16. As a result of the Defendants' negligence, Plaintiff Chenelle Lauver sustained
painful and severe injuries, which include puncture wounds to her right thigh and serious and
permanent disfigurement to her right bicep.
17. As a result of the aforementioned dog attack, Plaintiff Chenelle Lauver has
undergone and in the future may undergo physical and mental suffering, inconvenience in
carrying out her daily life's activities, loss of life's pleasures and enjoyment, and claim is made
therefor.
489707 3
18. As a result of the aforesaid dog attack, Plaintiff' Chenelle Lauver has been and in
the future may be subject to humiliation and embarrassment, and claim is made therefor.
19. As a result of the aforesaid dog attack, Plaintiff Chenelle Lauver has sustained
scars which will result in permanent disfigurement, and claim is made therefor.
WHEREFORE, Plaintiff Christopher Lauver, father and natural guardian of Chenelle
Lauver, a minor, demands judgment against Defendants Erika Ward and David Alter in an amount
in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of
any jurisdictional amount requiring compulsory arbitration.
Date:
ANGINO & ROVNER, P.C.
David L. Lu z
PA I.D. No. 35956
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791 -phone
(717) 238-5610 - fax
dlutz /angino-rovner.com
Attorney for Plaintiff
489707 4
VERIFICATION
I, Christopher Lauver, father and natural guardian of Chenelle Lauver, a minor, Plaintiff,
have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the
foregoing are true and correct to the best of my knowledge, information and belief. I understand
that this Verification is made subject to the penalties of 18 Pa. Cons. Stat. Ann. §4904, relating to
unsworn falsification to authorities.
WITNESS:
489707
Dated: 3 ?S /J?
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Lo %'Ir ai c u m u,"'f, 44
OF
n11 {
{ t
P?l.t„ iw i r i?
Christopher D. Lauver
vs.
Erika M. Ward (et al)
Case Number
2012-1925
SHERIFF'S RETURN OF SERVICE
04/02/2012 08:30 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 2,
2012 at 2030 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Erika M. Ward, by making known unto herself personally, at 53 Warwick Circle,
Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to
her personally the said true and correct copy of the same.
RONALD HOOVER, DEPUTY
04/04/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: David Alter, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant David
Alter. Request for service at 53 Warwick Circle, Mechanicsburg, Pennsylvania 17050 the Defendant was
not found. Deputies were advised, David Alter has never resided at this address.
SHERIFF COST: $59.00 SO ANSWERS,
April 04, 2012 RON R ANDERSON, SHERIFF
1
'R 17 All II: 35,
JOHNSON, DUFFIE, STEWART & WEIDNEIZ I iiy1gELAN COUIM,
By: Jefferson J. Shipman
I. D. No. 51785 ('EPSYL'r'AI'1,
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
jjs@jdsw.com
CHRISTOPHER LAUVER, father and
natural guardian of CHENELLE
LAUVER, a minor,
Plaintiff
V.
Attorneys for Defendant,
Erika Ward
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2012-1925 Civil
CIVIL ACTION - LAW
ERIKA WARD and DAVID ALTER,
Defendant
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned on behalf of the Defendant
Erika Ward in the above-captioned matter.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
JAMS'b? J. Shipm , Esquire
Attorney I.D. No. 51785
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Date: April 16, 2012 Counsel for Defendant, Erika Ward
491642
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has
been duly served upon the following counsel of record, by depositing the same in the
United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on April 114C- , 2011:
David L. Lutz, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110-1708
Counsel for Plaintiff
JOHNSON, DUFFIE, STEWART & WEIDNER
y:-
*Je4,'J'. Shipman
?- ,11 lr.
#.'c A;; C 7 ?i4' I? w0
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C' I SY? V11 CA
ANGINO & ROVNER, P.C.
David L. Lutz, Esquire
Attorney ID# : 35956
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
E-mail: dlutz(aDangino-rovner.com
CHRISTOPHER LAUVER, father and
natural guardian of CHENELLE
LAUVER, a minor,
Plaintiff
V.
ERIKA WARD and DAVID ALTER,
Defendant
To the Prothonotary of Cumberland County:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2012-1925 Civil
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
Please reinstate the attached Complaint and forward same to the Sheriff for service on
Defendant David Alter (along with the revised Request for Service).
ANGINO & ROVNER, P.C.
Dav utz
PA I.D. No. 35956
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791 -phone
(71.7) 238-5610 - fax
dlutz@angino-rovner.com S
Attorney for Plaintiff
??P' uk 4ll.7S d 4
Date: - a
y' ti t# 3"3c>
497119 ORIGINAL
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson a_I«01_.1X
Sheriff r; t !j L*
e?`. "R l. r 3"is 7}A1 :"1
Jody S Smith '
Chief Deputy r t[ it R 2 7 N 11 9: 5]
Richard W Stewart
CUMBERLAND COUNTY
Y
Solicitor PENNSYLVANIA
Christopher D. Lauver Case Number
vs.
Erika M. Ward (et al.) 2012-1925
SHERIFF'S RETURN OF SERVICE
04/25/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: David Alter, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant David
Alter. Request for service at 302 Thomas Drive, Mechanicsburg, Pennsylvania 17050 the Defendant was
not found. Deputies were advised by Gerald Alter, David Alter is thought to be residing in Perry County,
Pennsylvania.
SHERIFF COST: $43.45 SO ANSWERS,
April 26, 2012 RON R ANDERSON. SHERIFF
t r
Lf' I? ? n?
L'y
tyi'i1 .7? Pt3,' J? if J
JOHNSON, DUFFIE, STEWART & WEIDNER 4
By: John R. Ninosky ` RLI,? CaU?JTN„
I.D. No. 78000
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
jrn@jdsw.com
CHRISTOPHER LAUVER, father and
natural guardian of CHENELLE LAUVER,
a minor,
Plaintiff
V.
ERIKA WARD and DAVID ALTER,
Defendant
Attorneys for Defendant,
Erika Ward
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2012-1925 Civil
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO SUBSTITUTE APPEARANCE
TO THE PROTHONOTARY:
Please substitute the appearance of John R. Ninosky on behalf of the Defendant Erika
Ward in the above-captioned matter.
Respectfully submitted,
JOHNSON, UFFIE, STEWART & WEIDNER
By: z?gi 1KAL4_,46
Jon R. Ninosky, Esquire
Attorney I.D. No. 78000
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Date: April 27, 2012 Counsel for Defendant, Erika Ward
493199
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe to Substitute Appearance has been
duly served upon the following counsel of record, by depositing the same in the United States
Mail, postage prepaid, in Lemoyne, Pennsylvania, on April 27, 2012:
David L. Lutz, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110-1708
Counsel for Plaintiff
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
John/k. Ninosky
J, I
r
Attorneys for Defendant,
JOHNSON, DUFFIE, STEWART & WEIDNER E S YL4CFJ1 Ld 14 1 `.
Erika Ward
By: John R. Ninosky
I.D. No. 78000
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
jrna-4dsw.com
CHRISTOPHER LAUVER, father and IN THE COURT OF COMMON PLEAS OF
natural guardian of CHENELLE LAUVER, CUMBERLAND COUNTY, PENNSYLVANIA
a minor,
Plaintiff NO. 2012-1925 Civil
V. CIVIL ACTION - LAW
ERIKA WARD and DAVID ALTER,
Defendants JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Christopher Lauver, father/natural guardian of Chenelle Lauver, a minor
c/o David L. Lutz, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110-1708
YOU ARE- REQUIRED to plead to the within Answer with New Matter within 20 days of
service hereof or a default judgment may be entered against you.
JOHNSON, DUFFIE, STEWART & WEIDNER
ohn R. inosky C
Attorneys for Defendant Erika Ward
JOHNSON, DUFFIE, STEWART & WEIDNER
By: John R. Ninosky
I.D. No. 78000
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
irn@,jdsw.com
CHRISTOPHER LAUVER, father and
natural guardian of CHENELLE LAUVER,
a minor,
Plaintiff
V.
ERIKA WARD and DAVID ALTER, :
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER OF
DEFENDANT ERIKA WARD TO PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant Erika Ward, by and through her counsel, John R.
Ninosky, and Johnson, Duffie, Stewart & Weidner, P.C. who files the following Answer and New
Matter to Plaintiff's Complaint:
1. Admitted upon information and belief.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Denied. After reasonable investigation, Ms. Ward is without sufficient knowledge
or information to form a belief as to the truth of the averments contained in paragraph 6, and the
Attorneys for Defendant,
Erika Ward
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2012-1925 Civil
same are therefore denied.
7. Denied. After reasonable investigation, Ms. Ward is without sufficient knowledge
or information to form a belief as to the truth of the averments contained in paragraph 7, and the
same are therefore denied.
8. Denied. After reasonable investigation, Ms. Ward is without sufficient knowledge
or information to form a belief as to the truth of the averments contained in paragraph 8, and the
same are therefore denied.
9. Denied. After reasonable investigation, Ms. Ward is without sufficient knowledge
or information to form a belief as to the truth of the averments contained in paragraph 9, and the
same are therefore denied.
10. Denied. The averments contained in paragraph 10 are conclusions of law and
fact to which no response is required. If a response is deemed to be required, the averments
contained therein are specifically denied.
11. Denied. The averments contained in paragraph 11 and subparagraphs (a)
through (e) are conclusions of law and fact to which no response is required. If a response is
deemed to be required, the averments contained therein are specifically denied.
(a) Denied. It is specifically denied that Ms. Ward failed to ensure that that the dog
was properly restrained so that it had no chance to allegedly attack the minor
Plaintiff;
(b) Denied. It is specifically denied that Ms. Ward failed to keep the dog under
reasonable control;
(c) Denied. It is specifically denied that Ms. Ward was negligent in allegedly failing
to train the dog; and
(d) Denied. It is specifically denied that Ms. Ward maintained a dangerous and
vicious animal that should have been kept in a cage.
2
CLAIM I
Christopher Lauver as father and natural auardian of Chenelle Lauver v.
Erika Ward and David Alter
12. Ms. Ward incorporates herein by reference her answers to paragraphs 1 through
11 above as though fully set forth herein at length.
11-14. Denied. After reasonable investigation, Ms. Ward is without sufficient
knowledge or information to form a belief as to the truth of the averments contained in
paragraph 13 and 14, and the same are therefore denied.
CLAIM II
Chenelle Lauver v. Erika Ward and David Alter
15. Ms. Ward incorporates herein by reference her answers to paragraphs 1 through
14 above as though fully set forth herein at length.
16. Denied. The averments contained in paragraph 16 are, in part, conclusions of
law and fact to which no response is required. After reasonable investigation, Ms. Ward is
without sufficient knowledge or information to form a belief as to the truth of the remaining
averments contained in paragraph 16, and the same are therefore denied.
17. Denied. The averments contained in paragraph 17 are, in part, conclusions of
law and fact to which no response is required. After reasonable investigation, Ms. Ward is
without sufficient knowledge or information to form a belief as to the truth of the remaining
averments contained in paragraph 17, and the same are therefore denied.
18. Denied. The averments contained in paragraph 18 are, in part, conclusions of
law and fact to which no response is required. After reasonable investigation, Ms. Ward is
without sufficient knowledge or information to form a belief as to the truth of the remaining
averments contained in paragraph 18, and the same are therefore denied.
19. Denied. The averments contained in paragraph 19 are, in part, conclusions of
law and fact to which no response is required. After reasonable investigation, Ms. Ward is
3
without sufficient knowledge or information to form a belief as to the truth of the remaining
averments contained in paragraph 19, and the same are therefore denied.
WHEREFORE, the Defendant, Erika Ward, respectfully requests that judgment be
entered in her favor and that Plaintiffs Complaint be dismissed with prejudice.
NEW MATTER
19. That Plaintiff fails to state a cause of action for which relief may be granted.
20. That Defendant Ward was not on notice of any dangerous or vicious propensities
on the part of the dog.
21. That the Plaintiffs alleged cause of action may be barred by Plaintiff's own
comparative negligence and assumption of the risk.
22. That Plaintiff's alleged cause of action may have been caused in whole or in part
by the negligence or intentional acts of a third party.
23. That, if the Defendant Ward was negligent, which is denied, then in that event,
any such negligence was not a factual cause of the Plaintiffs harm.
24. The Defendant did not violate the Pennsylvania Dog Law.
WHEREFORE, the Defendant, Erika Ward, respectfully requests that judgment be
entered in her favor and that Plaintiff's Complaint be dismissed with prejudice.
Respectfully submitted,
JOHNSO DUFFIE, STEWART & WEIDNER
By: Z?ik,
hn R. inosky, Esquire
Attorney I.D. No. 78000
301 Market Street - P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Date: May 2, 2012 Counsel for Defendant Erika Ward
492055
4
VERIFICATION
The undersigned verifies that the facts set forth in the foregoing document are true
and correct to the best of her knowledge, information and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to
authorities.
Erika Ward
r
-- 2 12
Dated:
:492081
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Answer with New Matter has been duly
served upon the following counsel of record, by depositing the same in the United States Mail,
postage prepaid, in Lemoyne, Pennsylvania, on May 2, 2012:
David L. Lutz, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110-1708
Counsel for Plaintiff
JOHNSON, DUFFIE, STEWART & WEIDNER
By: f L61,tL6A -
J n R. Ninosky
ANGINO & ROVNER, P.C.
David L. Lutz, Esquire
Attorney ID# : 35956
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
E-mail: dlutz@angino-rovner.com
CHRISTOPHER LAUVER, father
natural guardian of CHENELLE
LAUVER, a minor,
Plaintiff
V.
ERIKA WARD and DAVID ALTER,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SECOND PRAECIPE TO REINSTATE COMPLAINT
To the Prothonotary of Cumberland County:
Please reinstate the attached Complaint and forward same to the Sheriff for service on
Defendant David Alter (along with the revised Request for Service).
ANGINO & ROVNER, P.C.
?e -
D . Lutz
Date: 498558
0. ice`
'f: l','SYLV, NIA
and IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2012-1925 Civil
PA I.D. No. 35956
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791 - phone
(717) 238-5610 - fax
dlutz@angino-rovner.com
Attorney for Plaintiff 5? 75 al
a &
ORIGINAL
?Zt „R t
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10
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giz.-
:;: ; ER Lr,r.dl?gt,0t?11:F
ANGINO & ROVNER, P.C.
David L. Lutz, Esquire
Attorney ID# : 35956
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
E-mail: dlutza,angino-rovnerxom
CHRISTOPHER LAUVER, father
natural guardian of CHENELLE
LAUVER, a minor,
Plaintiff
V
ERIKA WARD and DAVID ALTER,
Defendants
and I IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2012-1925 Civil
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO DEFENDANT ERIKA WARD'S NEW MATTER
19. through 24. Defendant Ward's New Matter, paragraphs 19 through 24, fails to
set forth factual allegations that require the Plaintiff to admit and/or deny. Defendant Ward's
New Matter are all conclusions of law. The factual allegations contained in the Plaintiff's
Complaint are incorporated herein by reference.
ORIGINAL
WHEREFORE, the Plaintiff respectfully requests that Defendant Ward's New Matter be
dismissed.
Date:
ANGINO & ROVNER, P.C.
vi . Lutz
PA I.D. No. 35956
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791 -phone
(717) 238-5610 - fax
dlutz@angino-rovner.com
Attorney for Plaintiff
498729
CERTIFICATE OF SERVICE
I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby
certify that I am this day serving a true and correct copy of the PLAINTIFF'S REPLY TO
DEFENDANT ERIKA WARD'S NEW MATTER upon all counsel of record via postage prepaid
first class United States mail addressed as follows:
John Ninosky, Esquire
Johnson, Duffle, et al.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
Attorney for Defendant Erika Ward
Dated:
498729
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jt'N -1 M 9: 29
Iti"ERL-AND Coljj' I-,
P:' MSYL.VAh11A
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Christopher D. Lauver
VS. I Case Number
Erika M. Ward (et al.) 2012-1925
SHERIFF'S RETURN OF SERVICE
05/09/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: David Alter, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Blair County, Pennsylvania to serve the within Complaint
and Notice according to law.
05/22/2012 10:16 PM - Blair County Return: And now May 22, 2012 at 2216 hours I, Mitch Cooper, Sheriff of Blair
County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and
Notice, upon the within named defendant, to wit: David Alter by making known unto himself personally, at
Cove Forge BHS of Williamsburg, 202 Cove Forge Road, Williamsburg, Pennsylvania 16693 its contents
and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.45
June 05, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoft, Inc.
DATE RECFIVED
DATE PROCESSED
SHERIFF'S DEPARTMENT
BLAIR COUNTY, PENNSYLVANIA
COURTHOUSE, HOLLIDAYSBURG, PA. 16648
SHERIFF SERVICE INSTRUCTIONS:
PROCESS RECEIPT, and AFFIDAVIT OF RETURN Print legibly. insuring ieadabiGly of al copies.
Do not detach ariy copies. SCSO ENV.#
1. PLAINTIFF / S I
2. COURT NUMBER
r CQC)ID T
3. DEFENDANT I S r 4. TYPE OA WRIT DA COMIUMT
SERVE 5. NAME OF INIDIYIDUAL. NY. CORPORATION, ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY 75 '9 Mi;. ATTACHED O=OLD.
?P ?
ti ADDR (Street or RFD. Apartment No.. City. Boro. Two.. State and ZIP Code)
?..
AT
lie
7. INDICATE UNUSUAL SERVICE: ERSONAL PERSON IN CHARGE ODEPUTI CERT.MAILOREGIST ED MAIL POSTED OTHER
NOW. , I, SHERIFF OF BLAIR , COUNTY, PA., do hereby deputiie the Sheriff of
County to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff.
SHERIFF Of BLAIR COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
?ak-Q.,
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any proparty under within writ
may leave same withoul a watchman, in custody of whomever is lound in possession, after notifying person of levy or attachment, without liability on the part of
Such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs' sale thereof.
ATORrequestingservicee onn bfhalt ol: 10. TELEPHONE NUMBER 11. DATE
SIGNATURE of ATTORNEY or othNumiat4o-m ORIGINATOR
ft I , 'e-PLAINTIFF
O DEFENDANT i dg? 3f? C
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
-2, o• complaint as :ndicaled above. i c:Prraaonrnaarrng gate
co - 211.
15 t ntreby CERTIFY and RETURN that I have personally served. Qhave served person to charge. L? have legal evidence of service as shown in "Remarks" (on reverse)
(-'nave post?o the above described properly with the writ or complaint described on the individual. company, corporation, etc., at the address shown above or on the individual.
cor..pany, cmotwauor etc . at the address inserted below by hand inglor Posting a TRUE and ATTESTED COPY thereof.
15. UI hereby certify and return a NOT FOUND because I am unable to locate the individual. company, corporation, etc.. named above. (See remarks below)
17. Name and title p! ?7wrduaf serYey 18. A person of sudable and discretion Read
A then residing in the aefe wam's usual place Order
LLL 1 ? of -abode.
I9. Address of were ere served ,complete only if different than shown above) (Street or RFD. Apartment No.. City. Solo. Two.. 20. Date of Service 21. Time
State and ZIP Code) 27
s2 e? d Iltb 3 A4
go F
22. ATTEMPTS Date Miles Dep. Int. Date Miles Dep. 1 ate Miles I Dep. Int. Date Miles Dep. Int. Date Mlles Dep. Int.
Advance Cos!, 24 25. 26. 27. Total Costs 2B. COS DUE OR EFUND
1 i Lta0 1l?tc Igloo
30. REMARKS
SO ANSWER.
AFFIRMED and subscr:bed to before me this
By (Sherifffpep. Sheriff) (Please Print or Type)
z-
3/2?//Z
SHERIFF OF BLAIR COUNTY
1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE
OF AIJTHORIZED ISSUING AUTHOgITY AND TITLE.
39. Date Received
i _ ?, „T4
( ) (1) The within
upon -.__ ?-- - - - ____- the within named
defendant by mailing to
by return receipt requested, postage
prepaid _onthe
a true and attested copy thereof at --
The return receipt signed by w- --M---
defendant on the is hereto attached and
made part of this return.
( ) (2) Outside the Commonwealth, pursuant to Pa. R.C.P. 405 (c) (t) (2). by mailing a true and
attested copy thereof
in the following manner.
( ) (a) To the defendant by ( ) registered ( ) certified . nail, return" receipt requested
postage prepaid, addressee only on the ,
said receipt being returned NOT signed by defendant, but with a notation by the Postal
Authorities that defendant refused to accept the same. The returned receipt and envelope
is attached hereto and made part of this return.
And thereafter:
( ) (b) To the defendant by ordinary mail addressed to defendant at same address. with the
return address of the Sheriff appearing thereon, on the
I further certify that after fifteen (15 J days from the mailing date: I have not received said
envelope back from the Postal Authorities A certificate of mailing is hereto attached as a
proof of mailing.
( } (3) By publication in a daily publication of general circulation in the County of Bisir
Commonwealth of Pennsylvania. time (s) with publication ° appearing
The affidavit from said publication is hereto attached
( ) (4 ) By mailing to
by mail. return receipt requested. postage prepaid.
on the
;true and attested copy thereof at
The returned by the Postal
Authorities marked
is hereto attached
i ) (5) Other
J
`, r RCS NOC??? t
??12 sut_ ? 7 AM tt ? t
ANA T?f
CiiMBERLAND
PEN
ANGINO & ROVNER, P.C.
David L. Lutz, Esquire
Attorney ID# : 35956
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff
E-mail: dlutz vangino-rovner.com
CHRISTOPHER LAUVER, father and
natural guardian of CHENELLE
LAUVER, a minor,
Plaintiff
V.
ERIKA WARD and DAVID ALTER,
Defendant
TO: David Alter
DATE OF NOTICE: July 16, 2012
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2012-1925 Civil
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTIC
REQUIRED OF YOU IN THIS CASE, NAMELY, YOU HAVE FAILED TO RESPOND I
THE COMPLAINT FILED AGAINST YOU ON OR ABOUT MARCH 26, 2012, AND SERVI
ON YOU ON MAY 22, 2012, BY THE SHERIFF. UNLESS YOU ACT WITHIN TEN DA'
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YC
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHI
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO
ORIGINAL
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU
GET LEGAL HELP:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 1013
800-990-9108
Date: I /\vVy
ANGINO & ROVNER, P.C.
Ca-
Davi L. Lutz
I.D. No. 35956
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791 -phone
(717) 238-5610 - fax
dlutz@angino-rovner.com
Attorney for Plaintiff
497746
CERTIFICATE OF SERVICE
I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do
certify that I am this day serving a true and correct copy of the IMPORTANT NOTICE upon
counsel of record, as well as unrepresented Defendant via postage prepaid first class United
mail addressed as follows:
John R. Ninosky, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
PO Box 109
Lemoyne, PA 17043-0109
Attorney for Defendant Erika Ward
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
David Alter
115 Forest View Drive
Shermans Dale, PA 17090
Dated:
M Ge ets
497746
PILED-OFFICE
THE. PROTHONOTARY
2012 AUG -9 Ali! 11:48
CUMBERLAND COUNTY
PENNSYLVANIA
ANGINO & ROVNER, P.C.
David L. Lutz, Esquire
Attorney ID# : 35956
4503 North Front Street
Harrisburg, PA 171 10-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff
E-mail: dlutzCangino-rovner.com
CHRISTOPHER LAUVER, father
natural guardian of CHENELLE
LAUVER, a minor,
Plaintiff
V.
ERIKA WARD and DAVID ALTER,
Defendant
To the Prothonotary of Cumberland County:
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
BY DEFAULT PURSUANT TO Pa.R.C.P
Please enter judgment against Defendant David Alter for failure to file an Answer
Plaintiffs Complaint filed on March 26, 2012. The Sheriff's Return documents showing
of service is attached as Exhibit A.
An Important Notice to take a default judgment was served on July 17, 2012.
certified green card, attached as Exhibit B. Defendant David Alter has not responded to
Plaintiffs Complaint and therefore, a Judgment by Default pursuant to Pa.R.C.P. 237.1 shoe
be entered. & I L
C ?- # S
OPIC-71NAL
(00+ ?
and IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2012-1925 Civil
to
so P? 01h%',
04
)9 0?5
Accordingly, please enter judgment in favor of the Plaintiff and against Defendant
Alter.
ANGINO & ROVNER, P.C.
D yid L. Lutz
I.D. No. 35956
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791 -phone
(717) 238-5610 - fax
dlutz@angino-rovner.com
Date: Attorney for Plaintiff
503287
SHERIFF'S OFFICE OF CUMBERLAND¢COUNTY
Ronny R Anderson
Sheriff
Jody S Smith tod'tvf:tanbra/,
Chief Deputy
w ? 1 .
Richard W Stewart
Solicitor OFFICE OF Tr.E St=ERIrF
Christopher D. Lauver
VS. Case Numbe
.
Erika M. Ward (et al.) 2012-1925
SHERIFF'S RETURN OF SERVICE
05/09/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: David Alter, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Blair County, Pennsylvania to serve the within Complaint
and Notice according to law.
05/22/2012 10:16 PM - Blair County Return: And now May 22, 2012 at 2216 hours I, Mitch Cooper, Sheriff of Blair
County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint a
Notice, upon the within named defendant, to wit: David Alter by making known unto himself personally, at
Cove Forge BHS of Williamsburg, 202 Cove Forge Road, Williamsburg, Pennsylvania 16693 its contents
and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.45
SO ANSWERS,
X??-
June 05, 2012
NNY R ANDERSON, SHERIFF
(c) County5ufte Sheriff, Teleosoft, Inc.
, hk ib 4
DATE RECEIVED
SHERIFF'S DEPARTMENT
BLAIR COUNTY, PENNSYLVANIA
COURTHOUSE, HOLLIDAYSBURG, PA. 16648
DATE PROCESSED
SHERIFF SERVICE INSTRUCTIONS:'
PROCESS RECEIPT, and AFFIDAVIT OF RETURN Print legibly. insufirig readabifity of all copies.
not detach any copies. ecso ENV.e
1. PLAINTIFF / S / 2. COURT NUMBER
3. DEFENDANT / S l 4. TYPE O WRIT OR COM T
el-Al
-wy CV EI P&
SERVE S. NAME OF INDfyIDUAL. CO PANY. CORPORATION, ETC.. TO SERVICE OR DESCRIPTION OP PROPERTY TO BE LEVIED, A ACHED 01 1 SOLD.
State and ZIP Code) '
6, ADDR (Street or RFD, Apartment No.. CiMTcI
AT
ffshan
7. INDICATE UNUSUAL SERVICE: ERSONAL PERSON IN CHARGE F]DEPUTI E L]CERT.MAIL ?REGISTERED MAIL POSTED OTHER
NOW, , I, SHERIFF OF BLAIR , COUNTY, PA., do hereby'deputize the Sheriff of
County to execute this Writ and make return thereof accot Ing
to law. This deputation being made at the request and risk of the plaintiff.
' - ' SHERIFF OF FLAIR C :)UNTY
8. SPECIAL INSTRUCTIONS OR
TH
ER
I
O
NFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
,
?
n
?
;
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under thin writ
may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or affechment. without liability on th part of
such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs' sale thereof,
9 SIGNATURE of ATTORNEY or oche
f ORIGINATOR requesting service on b
hall ol: 10. TELEPHONE NUMBER 11. DATE
1
/
r•943LAfNTIFF
1
,
L1YV31 ` ]DEFENDANT i' C 'j$C r
1-?+ ?
q?-
u
SPIKE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
I acknowled^e receipt dl the wnt SIGNATURE of Authorized BCSO Deputy or Clerk and Title I 13. Date Received.. la, xpiralion/Hearing date
2. or complaint as :rdtcated above.
15. t nereby CERTIFY and RETURN that I have personally served. ]have served person in charge. L-1 have legal evidence of service as shown in "Rem rks" (on reverse)
[nave f+oslrg -he above described' pigpen with the writ or complaint described on the individual, company, corporation, etc., at the address drown above or on the individual.
comnanv. carmwat(or.. etc . at the address inserted below by hand inglor Posling a TRUE and ATTESTED COPY thereof.
16. Of hereby rerlify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below)
17. Name and title
r idual ser,eQ
? 18. A person of suitable age and di
' scretion Read Order
(}
"4
1
}. then resrdmg in m the the he defendant
s usi
of abode. al place
La-
I9. Address of w ere served (complete only if different than shown above) (Street or RFD, ADarimnnl No., City. BDro. Two..
State and ZIP Code) p q-,? 20. Date of Service
2Z C 1. Time
I
417 e, a ,I l tavlns C1 kra 9,1 3 I y 16r r?
22. ATTEMPTS Oaee Mites Dep. Int. Date Miles Dep. I ate Miles ( Oep. Int. Date Miles Oep. Int. Date Miles Dep. Int.
Z Ad ance Costs 2.1
i?
l
e 25. 26. 27. Total Costs 28. COS DUE R EFUND
Q
, I r
30. REMARKS '
SO ANSWER.
AFFIRMED and :ubscr:bed to before me :his
TH OF fA - i By (Sheriff/ ep. Sheriff) (Please Print or Type)
R Date
P
r1 h AA
Z
410
dayo 14 x ,
-
E .I,
J 2 L
SHERIFF OF BLAIR COUNTY
?'S
MON EXPIRES
1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 39. Date Rece' ed ,
yr AU 1 HOR17ED iSSUING AUTHORITY AND TITLE.
? ..
r-
it
ru Postage
ru
Cenifled Fee
O Return Receipt Fee
O (Endorsement Required)
O Restricted Delivery Fee
C3 (Endorsement Required)
r0
t.r) Total Postage & Fees
ru
r_ rue-ar n
o freei ilpc -rvo.; .
rti kor PO Box Alb.
8 Complete items 1,. 2, and 3. Also complete
:It" 4 If Restricted Delivery is desired.
¦ Irt*t"on nt your name and address on the reverse
that we can return the card to you.
¦ ach this card to the back of the maiipiece,
the front if space permits.
1. Article Addressed to:
Ii5 ?.s+ view ?-
?J)II I& V' ?
Postmark
Here
I211?'Agsnt i
a Arlrlrm'.a I
B. Received by (Prin;X:!A Date of Del
-ry
l
D. Is delivery address different from Item 1? ? Yes
If YES, enter delivery address below: ? No
I
I
i
3. Service Type
2Certified Mail ? Express Mail !
? Registered ;MRetum Receipt for Merchandise I
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes i
(
2. Article Number
(Transfer from service label) 7007 2560 0001 2297 9799 i
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
CERTIFICATE OF SERVICE
I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do herby
certify that I am this day serving a true and correct copy of the PRAECIPE FOR ENTRY
JUDGMENT BY DEFAULT PURSUANT TO Pa.R.C.P. 237.1 upon all counsel of record
unrepresented Defendant via postage prepaid first class United States mail addressed as follows:
John R. Ninosky, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
PO Box 109
Lemoyne, PA 17043-0109
Attorney for Defendant Erika Ward
David Alter
115 Forest View Drive
Sherman's Dale, PA 17090
1. ?
Mary T. eraets
Dated: _-7, '),(),.-? "'a`
503287
'i
"WIL
? rLI?Fr LJ ? ,
ANGINO & ROVNER, P.C.
David L. Lutz, Esquire
Attorney 104 : 35956
4503 North 'Front Street
Harrisburg, PA 17110-1708
(717) 238-6,791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
F-mail: dlutz(a?angino-rovner.com
CHRISTOPHER LAUVER, father and
natural g4ardian of CHENELLE
LAUVEk a minor,
Plaintiff
v.
ERIKA WARD and DAVID ALTER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2012-1925 Civil
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINT'IFF'S REQUEST FOR ADMISSIONS TO DEFENDANT ERIKA WARD - SET NO.
1
To: Defendant Erika Ward, by and through counsel
Jahn Ninosky, Esquire
Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania
Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned
within thirty (30) days from service, your response to the admission(s) requested herein:
1. Do you admit that on February 7, 2011, Chanelle Lauver was a guest at your
home Iodated at 53 Warwick Circle?
Admit
Deny
ORIGINAL
2.
3.
Do you admit that as of February 7, 2011, you owned a pit bull?
Admit
Deny
Do you admit that you maintained a cage in your home for the pit bull?
Admit
Deny
4, Do you admit that the pit bull jumped onto Chanelle Lauver as she was sitting in a
chair in your kitchen and bit her right bicep and right thigh?
Admit
Deny
5. Do you admit that before the subject dog attack, Chanelle Lauver and Ivey
Morder were sitting at your kitchen table eating a snack?
Admit Deny
6. Do you admit that Chanelle Lauver and Ivey Morder did nothing to provoke the
pit bull?
Admit
Deny
7. Do you admit that you instructed David Alter to keep the pit bull in a cage while
ChanellO Lauver was in your home?
Admit Deny
ANGINO & ROVNER, P.C.
F-W
David L. Lutz
PA I.D. No. 35956
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791 - phone
(717) 238-5610 - fax
dlutz@angino-rovner.com
Date: /\y Attorney for Plaintiff
506202
CERTIFICATE OF SERVICE
I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby
certify that I am this day serving a true and correct copy of the PLAINTIFF'S REQUEST FOR
ADMISSIONS TO DEFENDANT ERIKA WARD - SET NO. 1 upon all counsel of record via
postage prepaid first class United States mail addressed as follows:
John Ninosky, Esquire
Johnson, Duffie, et al.
301 Market Street
P.O. Box 109
Lemoynq, PA 17043
Attorneyfor Defendant Erika Ward
David Alter
115 Fore1st View Drive
Sherman Dale, PA 17090
)Ma T. eraets
Dated:
506202
? a.J'"ol' i IG-
,,? OCT 11 F1i 1* 2 7
COUNT V
ANGINO & ROVNER, P.C.
David L. Lutz, Esquire
Attorney ID# : 35956
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
E-mail: dlutz@angino-rovner.com
CHRISTOPHER LAUVER, father and
natural guardian of CHENELLE
LAUVER, a minor,
Plaintiff
V.
ERIKA WARD and DAVID ALTER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2012-1925 Civil
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE OF DEPOSITION
To: Defendant Erika Ward, by and through counsel
John Ninosky, Esquire
PLEASE TAKE NOTICE that pursuant to Pa.R.C.P. 4007. 1, the attorney for Plaintiff will
take the deposition of Erika Ward, a witness in the above-captioned action, upon oral examination,
for purposes of discovery and/or for use at trial, before a Notary Public or some other person
authorized to administer oaths, at the offices of Johnson Duffle, 301 Market Street, Lemoyne,
Pennsylvania, on November 5, 2012, at 4:00 p.m., on all matters not privileged which are relevant
and material to the issues and subject matter involved in the above-captioned action, and that the
above-named is requested to appear at the aforesaid time at the above address and submit to
examination under oath. The court reporter/notary public will be from Hughes, Albright, Foltz &
Natale.
Date: to
ANGINO & ROVNER, P.C.
David L. Lutz
I.D. No. 35956
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791 -phone
(717) 238-5610 - fax
dlutznangino-rovner.com
Attorney for Plaintiff
510264
CERTIFICATE OF SERVICE
I, Melinda L. Spicher, an employee of the law firm of Angino & Rovner, P.C., do hereby
certify that I am this day serving a true and correct copy of the NOTICE OF DEPOSITION upon all
counsel of record via postage prepaid first class United States mail addressed as follows:
John Ninosky, Esquire
Johnson, Duffle, et al.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
Attorney for Defendant Erika Ward
David Alter
115 Forest View Drive
Sherman Dale, PA 17090
Melinda L. Spicher
Dated:
to (a
510264
LAED-0F F !'C
P R'0 1I"t Q t e NO t i`'I l l
201311'AY 31 x.111 2�.
CUMBERLAND COUNTY
PENNSYLVANIA
ANGINO&ROVNER,P.C.
David L.Lutz,Esquire
Attorney ID# : 35956
4503 North Front Street
Harrisburg,PA 17110-1708
(717)238-6791
FAX(717)238-5610
Attorneys for Plaintiff(s)
E-mail:dlutz @angino-rovner.com
CHRISTOPHER LAUVER, father and IN THE COURT OF COMMON PLEAS
natural guardian of CHENELLE CUMBERLAND COUNTY, PA
LAUVER, a minor,
Plaintiff NO. 2012-1925 Civil
V. CIVIL ACTION-LAW
ERIKA WARD and DAVID ALTER,
Defendants JURY TRIAL DEMANDED
PETITION FOR COURT APPROVAL OF A COMPROMISED SETTLEMENT AND THE
DISTRIBUTION OF PROCEEDS ON BEHALF OF MINOR PETITIONER CHENELLE
LAUVER BY AND THROUGH HER FATHER AND NATURAL GUARDIAN,
CHRISTOPHER LAUVER, PURSUANT TO Pa.R.C.P. 2039
The Petitioner respectfully represents:
1. Chenelle Lauver is a minor having been born on February 4, 2002, and is the
daughter of Christopher Lauver. Chenelle and Mr. Lauver reside in Mechanicsburg, Cumberland
County, Pennsylvania.
2. On February 7, 2011, Chenelle Lauver was bit by a dog owned by Defendant
Erika Ward. Attached as Exhibit A is the Silver Spring Township Police report.
3. As a result of the dog attack, Chenelle was taken by ambulance to the Holy Spirit
Hospital where her lacerations were sutured. Thereafter, she came under the care of Dr. Richard
1
525512
I
1_ QA
de Ram6n, a plastic surgeon. Attached as Exhibit B is Dr. de Ramon's October 5, 2011, plastic
surgical report. Attached as Exhibit C are photographs taken of Chenelle on January 10; 2012.
4. All of Chenelle's medical bills have been paid.
5. At the time of the subject dog attack, Defendant Ward was insured with Erie
Insurance Company.
6. Settlement negotiations before litigation were unsuccessful and therefore, a
Complaint was filed with Your Court on March 26, 2012. After discovery was completed, the
parties decided to proceed with mediation.
7. On May 9, 2012, Attorney Henn Gaily served as a mediator. After several hours,
the parties were able to reach a tentative.settlement, pending approval by Your Court, whereby
Erie would pay $45,000.00 to settle Chenelle's claim.
8. Angino & Rovner, P.C. has been retained to represent the Petitioner. Typically,
Angino & Rovner, P.C.'s attorney's fees are 35% of the gross amount recovered after litigation
is initiated. However, Angino & Rovner, P.C.., has reduced its attorney's fees to 25% of the
gross amount recovered. Attached as Exhibit D is Angino & Rovner, P.C.'s modified Power of
Attorney and Fee Agreement. Therefore, counsel seeks $11,250.00 (25% of$45,000.00).
9. Angino & Rovner, P.C. has incurred $2,261.74 in out-of-pocket_, expenses.
Attached as Exhibit E is a computer print-out evidencing the out-of-pocket expenses of
$2,261.74. Also, attached as Exhibit F is a proposed Distribution Sheet.
10. Accordingly, the net proceeds of$31,488.26 on behalf of Chenelle Lauver, if said
Petition is approved without a hearing, is to be placed into the Metro Bank, a deposit which is
insured by the Federal Government, in an account that provides no withdrawal will be made until
Chenelle Lauver reaches majority (age 18), except as authorized by Court Order.
2
525512
WHEREFORE, the Petitioner requests that approval be provided whereby the settlement
offer of$45,000.00 on behalf of Chenelle Lauver can be accepted and that Christopher Lauver
be provided with authority to execute a Release, attached as Exhibit G.
Secondly, the Petitioner seeks approval of attorney's fees for Angino & Rovner, P.C. in
the amount of $11,250.00 (25% of $45,000.00). The Petitioner also seeks Court approval of
reimbursement of Angino & Rovner, P.C.'s out-of-pocket expenses in the amount of$2,261.74.
The net proceeds of$31,488.26 to be paid on behalf of Chenelle Lauver will be deposited
in Metro Bank. Petitioner will provide the Court with an Affidavit of Deposit evidencing the
deposit of $31,488.26 to be made in Metro Bank whereby no withdrawal will be made until
Chenelle Lauver reaches majority (age 18), except as authorized by Court Order.
ANGINO & ROVNER, P.C.
David L. tutz
PA I.D. No. 35956
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791 —phone
(717) 238-5610—fax
dlutz @angino-rovner.com
Attorney for Plaintiff/Petitioner
Date:
3
525512
VERIFICATION
I, Christopher Lauver, father and natural guardian of Chenelle Lauver, a minor, hereby
verify that the facts set forth in the foregoing PETITION are true and correct to the best of my
knowledge, information, and belief. I understand that any,fals&l�tements therein are made
subject to the penalties of 18 Pa.C.S.A. §4904, relating to uriswoti falsification to authorities.
Witness G r ( Chrstnp ef�La�iver
Date: l �L zv 3
525512
PETITIONERS' COUNSEL'S CERTIFICATE
1, David L. Lutz, Esquire, Petitioner's counsel, do hereby affirm that the proposed
settlement of$45,000.00 for Chenelle Lauver, in my professional opinion, in the best interest of
Chenelle. If Chenelle's case was presented to a jury, the attorney's fees and expenses would
increase and the jury award could be less than the settlement offer being made.
ANGINO & ROVNER, P.C.
David . Lutz
PA I.D. No. 35956
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791 —phone
(717) 238-5610—fax
dlut7@angino-rovner.com
Attorney for Plaintiff/Petitioner
Date:
525512
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Complaint Report _
SilverSpring
Township
Commonwealth of Pennsylvania
Complaint informa��on -_
Complaint Number Locked Record Follow Up Cell For Service
SIL20 1-02-00234 No No 03B02
Description
03B02 ANIMAL BITES
Status Priority Method Received DateTme Received
Cleared 2 CAD 102/07/2011 19:59:00
Day of the Week How Handled '
Monday fficer Assicined
Complaint Nature
EMS.Dog Bite Victim.See comments
Complaint Location is
Street Number Street Block Predirection Street Name Street Type Postdirection
53 WARWICK CR
PO BOX Cross-Predireclion Cross-Street Name Cross-Street Type Highway Name
Highway Number Highway Milepost Rural Route County Jurisdiction Number
Cumberland
Location Township Magisterial District Cltyrrown Political Subdivision
State Zone Number Zip Coda Area Grid Residence Type Unit Type
PA S77 325
Unit Number Latitude Longitude Location Type Country
40.229690 1-77.084777 , United States of America USA
Location Description
WICK CR,SS CU53WARWICKCASSCU
1/2612012 2:20:31-PM'
, , I
Complainant Information
Salutation First Name Middle Name Last Name Suffix .
DAVID ALTER
Date of Birth Race Sex
White Male
Address
53 Warwick Circle
Apartment City State Zlp Code
IMechanicsburgIPA 117050
Phone Number
Area Code Number Ext Phone Type
1919-8093 C
Phone Number 2
Area Code Number 6d Phone Type
717
Notify Complainant Call Taker to Dispatcher ID Ic NET Complaint#:
N HAHO V MRSNYD 2 58342
1
Complainant Associate
Salutation First Name Middle Name Last Name Suffix
IDavid I Alter
Date of Birth Race Sex socialion Type
07/18/1970 W i e Male
Address
Warwick Circle
Apartment City Slate Zip Code
IMechaniesbum IPA 117050
Phone Number 1
Area Code Number Ext Phone Type
717
Phone Number 2
Area Code Number Ext Phone Type
717
Salutation First Name .Middle Name Last Name Suffix ,
]Erika _] Ward
Date of Birth Rarer Sex Association Type -
12/11/1971 White Female
Address
53 Warwick Circle
Apartment City State - Zip Code
IMechanigsburg PA 17050
Phone Number
Area Code Number Ext Phone Type
717 1580-4900 ell
Phone Number 2
Area Code Number Ext Phone Type
717
User Defined Field 1 User Defined Feld 2
accused
User Defined Field 3 User Defined Field 4
1/2810122:20:31 PM Page 2 of 6
Salutation First Nama Middle Name Last Name Suffix
Lauver
Date of Birth R Sex Association Type
te Female
A ress
Apartment City State Zip Code
Mpchanics I burg IPA 117050
Rhone Number 1
Area Code Number Ext Phone Type 717
Phone Phone Number 2
Area Code Number Ext Phone Type
717
User Defined Field 1 User Defined Field 2
Victim
User Defined Field 3 User Defined Field 4
i
Salutation First Nama Middle Name Last Name Suffix
Murder
Date of Binh ThIle e Sex Association Type
IMMEMb Female'
Address
t
Apartment Ci State Zip Code
1M,yechanicsburg PA 117050
Phone Number 1
Area Code Number Ext Phone Type
717
Phone Number 2
Area Code Number Ext Phone Type
717
Salutation First Name Middle Name Last Name Suffix
lChris
Lauver
Date of Birth Baca Sex Association Type
White Male
Address
46 Warwick Circle
Apartment City State Zip Code
IMechanigsburgPA 17050
Phone Number 1
Area Code Number Ext Phone Type
7 17 1609-2403 1 ICeII
Phone Number 2
Area Code Number Ext Phone Type
71
User Defined Field 1 User Defined Field 2
victim's father
User Defined Field 3 User Defined Field 4
1/26/2012 2:20:31 PM Page 3 of 5
a I
< `Offi_eer_s lnv_olved c
Officer Name Role Resource Al
Jenkins David-2416-SilverSpring Township 12416
Location Dis atched
Street Number Street Block Predirection Street Name Street Type Postdlrecdon
PO Box Cross- direction Cross-Street Name Cross-Street Type Highway Name
Highway Number Highway Milepost Rural Route County Jurisdiction Number
Cumberland
Location Township Magisterial District Cltyrrown Political Subdivision
State Zone Number Lp Code Area Grid Residence Type Unit Type
i
PA
nit
UNumber Latitude longitude Location Type Country l
0.00 0.00 United States of America USA ,
Location Description
53 WARWICK CR SS CU53WARWICKCRSSCUO
Dispatched Enrom
021071201120:01:29
Arrived Cleared
.02/07/2011 20:07:19 02107/2011 20:25:34
Comm__enfs {
Comment
1/26/2%) 2*.'31 PM Page 4 of 5
Dispatch advised police of EMS going to location for 10yr old dog bite victim. Police responded to location.
On arrival there were numerous persons at the home including the Victim, Chenelle Lauver and her father, Chris
Lauver. Chanelle had a deep laceration on her right shoulder which was about 2.5 inches wide. She also had
puncture marks on her right thigh area.She was treated by EMS and was transported to Harrisburg Hospital via
ambulance.1 told Chris Lauver that police would be in touch with him about the incident.
I was told that Chenelle was at the home playing with the homeowner's daughter,Ivy Morder.They were being
watched by the homeowner's boyfriend, David Alter.Alter advises he only let the dog out of the cage because it
defecated in the cage and needed cleaned.While out of the cage the dog attacked the victim,Chenelle.The two
children were in the kitchen area when the dog attack occurred.David Alter heard the commotion and came out
to pull the dog off of Chenelle. He then secured the dog in the garage area and called for an ambulance.
Homeowner, Erika Ward,arrived home just after the attack occurred.
Dog is a Pit bull named Dante. Its the only dog at the house.
Homeowner/Dog owner can provide no paperwork on animal.She advises she got the dog from the rescue a few
months ago and hasn't yet had him to the veterinarian.
While on scene 1 learned this same dog bite a 14 yr old boy a few days ago and it was currently being
investigated by Officer Grunden.1 advised the homeowner that she needed to quarantine the animal for ten days
and that she will be contacted by the Dog Warden as soon as possible.She was told to only have the dog out of
the cage when it is muzzled and only outside while muzzled and leashed.
When I arrived back to station I researched this dog bite involving the 14 yr old boy.Apparently this occurred on
02/04111 and involved another child being treated at Harrisburg Hospital for dog bites received from Dante at 53
Warwick Circle.It appeared that Officer Grunden has already made contact with Pa Dog Warden Mike Zeigler.
I contacted Pa Bureau of Dog Law at 787-4833.It was currently after hours and there was no answer machine to
leave message.
I will advise Dayshift of this 2nd bite and will request that they get the information passed onto Mike Zeigler as
soon as Pos sible.
Comment
Tuesday,February 08,2011
Supplemental report; Lindsay
I spoke to Dog Law Officer Mike Zeigler regarding this case. He advised that he will advise the owner of the
consequences of harboring a dangerous dog. If she chooses to NOT put the dog down,he will be in contact
with us so that we may file charges.
Unless we hear from Officer Zeigler,this case will be closed.
***See SIL2011-02-00167***
Comment
Saturday, February 12,2011
Supplemental Report,Lindsay
On this date I received a voice mail message from the Dog Law Officer,Zeigler. He said the dog in this case was
put down on Tuesday,it was tested for rabies&the result was negative. He only wanted to make us aware, he
will take care of the rest of the notifications.
1/26/2012 2:20:31 PM Page 5 of 5
October 5, 2011 PEA-ST_C SURGE:P- U-4 ST IFE, IRppC-
.
Richard de Ram6r,YED,F CS
Chris Lauver i�fia+e I ar Sa r ci3�?ciiL S:a; ears
17€t:torrri of Fi7 ltG,c Boarc;ci I k �c S; ge'y
46 Warwick Cirle D-f-Plomat of rb r_wa:Boar",: ,S;,,g�
Mechanicsburg, PA 17050
Re: Chenelle Lauver
Dear Mr. Lauver:
It was my pleasure to examine your daughter today. I wanted to summarize my
evaluation of her scars and give you some ideas of future costs of intervention should
your daughter decide to have any interventions to try to minimize the appearance of
them. At this time,there is no evidence of scar hypertrophy or keloid formation. Your
daughter's arm scars are without tenderness or itching. They are healing well, although
some of the more obvious ones do exhibit widening. As we discussed in the office, all
scars are permanent, although the character of them can sometimes be improved through
a variety of surgical and office procedures.
Sometimes one of the most beneficial procedures is a primary scar revision. This would
probably require about an hour of operating time and anesthesia. I would estimate that to
be about$4000 to include the surgeon's fee, anesthesia`fee and a facility fee. The next
procedure-that could be done is fractional ablative CO2 laser resurfacing. While this
could probably be done in the office, it would require topical anesthetics and is somewhat
painful. I would estimate this to cost about$1000 per treatment and she may need up to
five treatments.
Dermabrasion is another procedure we talked about which physically abrades the outer
layer of skin including epithelium and sometimes superficial dermis. This creates a
partial-thickness wound which is then allowed to heal on its own and this typically helps
to blur the areas between scarred and unscarred skin and also helps to equalize the color,
texture and contour. Typically there is a 20 to 30%mi'provernent in these qualities per
treatment. If this is done in the operating room for patient comfort with anesthesia
present, it would probably cost$1500 to $2000 per treatment and typically would take
three to five treatments spaced at least six months apart.
Nonablative laser is another option frequently used to correct color abnormalities of scar
to help them blend with the surrounding skin. These are typically in the range'of$500 per
treatment. These are most effective when done-in a series of-four to six treatments. This.
would total about$3000_
2025 E echno:og Par•!a y,Suite 303
Mechanicsburg,PA 17050
717.7 51.2880 Phone 717.791.2885 Fax
ri sVT.CI°Fu'L-tGt"iPJi.CO�
Cosmetic Siu-eera^ Pe(/'„�cons�ructi4�e Surgezy
BreastCSulge;,r-JIdn Cancer Sa-ei -
F_[iDir S-n:gery
'b" �
Microdermabrasion has also been used to help the appearance of scars. This is the least
invasive,but the least effective method as it is quite superficial. This is done in the office
without anesthesia. It is not painful. It would typically be$125 to $250 per treatment
and would typically require four to eight treatments for optimal impact. This would total
$1500.to $3000.
Overall the scar maturation process proceeds for 12 to 14 months so it can take that long
to see the final result of the scarring and healing process.
If you have any further questions,please do not hesitate to contact me.
Sincerely,
Richard de Ramon,MD, FACS
RD/baj
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POWER OF ATTORNEY AND FEE AGREEMENT
BY 'SI'GNING THIS AGREEMENT, I(WE)ACKNOWLEDGE THAT I(WE)HAVE ENGAGED THE LAW FIRM OF ANGINO &ROVNER, P.C.
(HEREINAFTER A&R),TO REPRESENT ME(US)UNDER THE FOLLOWING TERMS AND CONDITIONS:
1. A &R may on my (our)sit .secure medical, work and other similar records, conduct an investigation, negotiate, and
if, necessary start sqit again anyone responsible for my (our) injuries and losses
-1 --1 11 tj X with respect to
J'C 1 (1, -11 , with full power and authority to appear on behalf of the undersigned in any
Court of record or in any admMistrative or other proceeding, to do and perform all and every act and thing whatsoever
that may be requisite and necessary to be done in connection with the above claim as fully as the undersigned might or
could do if personally present; hereby ratifying and confirming all that said attorneys shall lawfully do or cause to be
done therein by virtue of this power of attorney. -
2. 1 (we) understand that so long as the case is handled by an A & R attorney, I(we) will not be responsible for any fees
and/or expenses unless a recovery or benefit is obtained.
3. If my(our) case is handled to a successful completion by an A&R attorney, I(we) agree to pay A&R a fee calculated
on the total recovery, for time expended, as outlined on the following chart. I (we) also a e to pay A & R all
reasonable out-of-pocket expenses without the payment of interest.
A&R ME(US)
a. SETTLEMENT PRIOR TO STARTING SUIT n
6 A'- 73-;0<
b. SETTLEMENT FOLLOWING SUIT BUT PRIOR TO PRETRIAL CONFERENCE OR APPOINTMENT OF
ARBITRATORS FOR ARBITRATION 3( A" �C)
c., SETTLEMENT AT OR AFTER A PRETRIAL CONFERENCE OR SETTLEMENT AFTER THE
APPOINTMENT OF ARBITRATORS FOR ARBITRATION;SETTLEMENT OR VERDICT AT TRIAL OR
ARBITRATION;SETTLEMENT AFTER TRIAL,ARBITRATION,OR APPEALS.
d. IF NO-FAULT RECOVERY OR NON-MONETARY BENEFIT: RICHARD C. ANGWO ($750); NEIL J. ROVNER ($450);
ASSOCIATES($400)PER HOUR BUT NOT TO EXCEED 40%OF TOTAL RECOVERY OF VALUE OF BENEFIT
e. OTHER CASES
4. Once an attorney fee is established based upon work performed to achieve a settlement or verdict, any additional
settlements will be at the same percentage or possibly higher if additional work is performed to achieve the settlement or
verdict.
5. If my (our) case was forwarded/referred to A& R by another attorney or law firm,A & R may pay a portion of its fee
to forwarding counsel. You will not pay a larger fee because of the fee splitting arrangement.
6. If for any reason I (we)take my(our) case to another attorney or law firm including a former A&R attorney or handle
it myself(ourselves),I(we)recognize that A&R has, in good faith, expended money and time for my(our) benefit and
I(we)therefore agree to pay, or have my (our)new attorney pay, immediately upon severing the A & R attorney/client
relationship, all the out-of-pocket expenses incurred on my (our) case plus interest at the rate of 6%per annum from the
date of each expenditure. In addition, when the case is successfully concluded, I (we) agree to pay or to direct my(our)
new attorney to pay as a fee 20%of the gross recovery to A&R.
7. In the event that any settlement is made on a structured or deferred payment basis, A & R shall be entitled to receive
their percentage based on the present value of the structured settlement, if paid as a lump sum at the time of settlement.
8. If by settlement or operation of law, benefits are to be paid periodically in the future,the attorneys' fee due to Angino&
Rovner, P.C., on such benefits will be calculated by taking the present value of such future payments at the time of the
award based upon the then exkthV-fb*n*,JbwW-dkco. unt rates-and will be paid in a lump sum to the attorneys at the
time of settlement or verdict.
I(we)agree not to settle or discuss settlement of my(our)case without the written consent of A&R.
;62178(revised 8110 1
PLEASE COMPLETE PERSONAL rNA)RMATION BELOW
Receiving Support from Dept of Welfare or Public Yes No (circle one)
Assistance(Including Cash)
Receiving Medicare/Medicaid Yes No (circle one) Medicare#
-Under child support order? Yes, No (circle one)
Are you in arrearages;with child support? Yes No (circle one
Are you currently in bankruptcy? Yes No �(circle one)
Are you currently registered with any on-line Yes No (circle one)
information page,such as Facebook,Twitter,My
Space,Linked in,etc.
Do you agree to NOT post any information Yes Nj (circle one)
relative to your accident claim and our
representation on such sites? —(initial)
Injured's Name: 1.,1nPfJ? It LO W V IOU- C4 m ,"rl -
If Married, Spouse's Name: I-),, ( ,& uv-e_ r 1-/-1
Injured's Social Security Number: . I i _11_� U
If Married, Spouse's Social Security Number:
Injured's Date of Birth: o2,
If Married, Spouse's Date of Birth:, fit&
Address: f 17105_0
E-Mail Address: u V e,r C
INN r-
Telephone : Home Wark -103 Cellular
BY SIGNING THIS AGREEMENT, THIS DAY OFM'_\_Q>t1 2 1 wE) AcKNowLEDGE THAT I (wE) HAVE READ,
UNDERSTOOD,AND RECEIVED A COPY OF SAME AND AGREE WITH ITS TERMS AND CONDIT S.
WITNESS(ES): C
(SEAL)
(SEAL)
I recognize that in order to investigate my claim, Angino & Rovner, P.C., will obtain my medical records and other personal medical
information. I understand Angino &Rovner may disclose my medical information to experts, insurance carriers, defendants,other attorneys
and/or other individuals necessary to pursue my case. I have been informed that I have the right to privacy in my medical records under the
Health Insurance Portability and Accountability Act,42 U.S.C. § 1320, et seq. If this Act would be deemed to apply to disclosures made by
Angino&Rovner, I hereby waive any rights I may have under the aforementioned Act a hereby bold Angino&Rovner,P.C.,harmless for
any actions which may be affected by HIPAA or the regulations thereunder. (Client's initials)
I understand that Angino&Rovner will retain my file for a period of five years after the conclusion of my case. I further acknowledge that
Angino & Rovner will destroy my file at the end of the five year period. Exceptions to this policy may include cases involving minors,
annuities/structured settlements, and worker's compensation cases settled by partial comp mise1nd release. I have no expectation that my
e
file will be retained permanently. Z (Client's Initials)
I (We) acknowledge pursuant to Act 109 of 2006, which became law on July 7, 2006, that a statutory lien has been created by the
Pennsylvania Legislature which requires me (us) to provide information concerning any Orders or Agreements to pay child support and any
arrearages that may be due at "a=of walement or verdict. I (we) also recognize that the law requires the law firm of Angino and
Rovner,P.C.to verify with the Pennsylvania Department of Public Welfare whether there are any arrearages in my(our)support obligation at'
the time of settlement. I (we) understand that the law requires my attorney pay the amount of the arrearages to the Pennsylvania State
Disbursement Unit prior to distribution to me of the net proceeds of any settlement or award to me in any case where the net proceeds to
client exceed $5000.00. 1 acknowledge that if there are child support arrearages owed at time of settlement or verdict that it is statutory
lien which Angino and Rovner,P.C.must confirm and honor. (Client's Initials)
62178(revised 8/10) 2
Angino & Rovner, P.C.
CASE/ACCOUNTING REGISTER
PREPARED: 5/15/2013
FILE NUMBER............: 11044 PAGE:
CLIENT................. LAUVER, CHENELLE
DATE IN OFFICE.........: 3/10/2011
TYPE OF CASE...........: M
DEFENDANT(S) ........... ERIKA WARD
ATTORNEY IN CHARGE.....: DLL
FORWARDER.............. MARK SILLIYER, ESQUIRE
REFERRAL...............
SPECIAL NOTE(S)........ W-9
FWDR FEE 33 1/3
----------------------------------------------------------------------------------------------------
FILE EXPENSES
DESCRIPTION DATE QUANTITY UNIT/PRICE AMOUNT PERSON
FAX CHARGES (PER PAGE) 4/13/2011 2.00 1.00 2.00
FAX CHARGES (PER PAGE) 6/13/2011 3.00 1.00 3.00
------------
EXPENSE TYPE TOTAL: FAX CHARGES (PER PAGE) 5.00
INVESTIGATION TIME EXPENSE 7/11/2011 .75 70.00 52.50 MAS
INVESTIGATION TIME EXPENSE 1/10/2012 .25 70.00 17.50 MAS
INVESTIGATION TIME EXPENSE 1/11/2012 .50 70.00 35.00 MAS
INVESTIGATION TIME EXPENSE 1/20/2012 .75 70.00 52.50 MAS
INVESTIGATION TIME EXPENSE 1/26/2012 .25 70.00 17.50 MAS
INVESTIGATION TIME EXPENSE 1/27/2012 .50 70.00 35.00 MAS
INVESTIGATION TIME EXPENSE 4/16/2012 .75 70.00 52.50 MAS
INVESTIGATION TIME EXPENSE 5/04/2012 1.00 70.00 70.00 MAS
------------
EXPENSE TYPE TOTAL: INVESTIGATION TIME EXPENSE 332.50
DIGITAL C.D. 7/11/2011 6.00
DLL EXPENSE 1/10/2012 5.50
DIGITAL C.D.'S 1/11/2012 6.00
DLL - EXPENSE 11/05/2012 5.50
------------
EXPENSE TYPE TOTAL: INVESTIGATION EXPENSE 23.00
LONG DISTANCE 5/15/2013 5.00
------------
EXPENSE TYPE TOTAL: LONG DISTANCE 5.00
MILEAGE 7/11/2011 20.35
MILEAGE 1/10/2012 8.25
------------
EXPENSE TYPE TOTAL: MILEAGE 28.60
A' 7
Angino & Rovner, P.C.
** CASE/ACCOUNTING REGISTER **
PREPARED: 5/15/2013
FILE NUMBER............: 11044 PAGE: 2
CLIENT.................: LAUVER, CHENELLE
----------------------------------------------------------------------------------------------------
COLOR COPIES 3/11/2011 4.00 .25 1.00
COLOR PRINTS 7/11/2011 24.00 .50 12.00
COLOR PRINTS 1/11/2012 27.00 .50 13.50
COLOR COPIES 1/18/2012 10.00 .25 2.50
COLOR COPIES 5/01/2012 25.00 .25 6.25
PHOTOCOPIES 5/15/2013 785.00 .25 196.25
PHOTOCOPIES 5/15/2013 100.00 .25 25.00
EXPENSE TYPE TOTAL: PHOTOCOPIES 256.50
POSTAGE 4/17/2012 2.00 .45 .90
POSTAGE 7/25/2012 2.00 .45 .90
POSTAGE 9/12/2012 3.00 .45 1.35
POSTAGE 5/15/2013 71.32
POSTAGE 5/15/2013 3.00 .46 1.38
EXPENSE TYPE TOTAL: POSTAGE 75.85
SUB-TOTAL 726.45 **
----------------------------------------------------------------------------------------------------
*** CHECK EXPENSES ***
DESCRIPTION DATE CHECK# AMOUNT
HEALTHPORT 4/06/2011 84539 25.43
SILVER SPRING AMBULANCE AND 4/06/2011 84542 25.00
STAR-MED LLC 6/30/2011 85183 28.95
DE RAMON PLASTIC SURGERY 1/17/2012 66718 31.96
PROTH OF CUMBERLAND COUNTY 3/23/2012 87245 103.75
_ SHERIFF OF CUMBERLAND COUNTY 3/23/2012 87246 100.00
PROTH OF CUMBERLAND COUNTY 4/16/2012 -87330 11.75
SHERIFF OF CUMBERLAND COUNTY 4/16/2012 87331 100.00
PROTH OF CUMBERLAND COUNTY 5/07/2012 87442 11.75
SHERIFF OF CUMBERLAND COUNTY 5/07/2012 87443 100.00
SHERIFF OF BLAIR COUNTY 5/07/2012 87444 150.00
PROTH OF CUMBERLAND COUNTY 7/27/2012 87969 36.75
PROTH OF CUMBERLAND COUNTY 8/08/2012 88049 16.50
PROTH OF CUMBERLAND COUNTY 8/30/2012 87969 36.75-
HUGHES,ALBRIGHT,FOLTZ & NATALE 11/20/2012 88802 207.80
SUB-TOTAL 912.89 **
TOTAL EXPENSES 1,639.34 ***
-----------------------------------------------------------------------------------------------
***** RECEIPTS *****
SOURCE REASON DATE - AMOUNT
SHER. OF CUMB. CO. RTN 4/13/2012 - 41.00
SHER. OF CUMB. CO. RTN 5/10/2012 56.55
Angino & Rovner, P.C.
** CASE/ACCOUNTING REGISTER **
PREPARED: 5/15/2013
FILE NUMBER............: 11044 PAGE: 3
CLIENT.................: LAUVER, CHENELLE
----------------------------------------------------------------------------------------------------
SHER. OF BLAIR CO. RTN 6/13/2012 92.00
SHER. OF CUMB. CO. RTN• 6/13/2012 -62.55
RECEIPTS TOTAL 252.10 ***
-------------------------------------------------------------- ---------------------------—--------
* OUTSTANDING INVOICES
CUSTOMER NAME INV# INV DATE $BILLED $PAID $DUE
OUTSTANDING INVOICE TOTAL .00
TOTAL... 1,387.24-
---------------------------------------------------------------------'
** END OF FILE
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4503 NORTH FRONT STREET RICHARD C.ANGINO NEIL J.ROVNER
HARRISBURG,PA 17110-1799 DAVID L.LUTZ MICHAEL E.KoSIK
PHONE:(717)238-6791 RICHARD A.SADLOCK LISA M.BENZIE
FAX:(717)238-5610 DARYL E.CHRISTOPHER KRISTEN N.SINISI
www.angino-rovner.com
E-mail: dlutz @angino-rovner.com
CHRISTOPHER LAUVER,father and Natural Guardian of CHENELLE LAUVER,a ininor
v.ERICA WARD
PROPOSED DISTRIBUTION SHEET
TOTAL AMOUNT OF SETTLEMENT $45,000.00
DEDUCTIONS:
Attorney's Fee(25%) $11,250.00
Balance $33,750.00
Reimbursement of expenses paid by attorneys
to others for records,experts, etc. $2,261.74
BALANCE TO CLIENT PLUS ANY INTEREST EARNED
WHILE HELD IN BANK ESCROW $31,488.26
FINAL DIVISION:
Attorney's Fee $11,250.00
Client's Balance $31,488.26
Reimbursement of Expenses $2,261.74
This settlement/verdict may be taxable. We recommend that you consult your accountant or tax attorney for the
calculation of your tax liability and any deductions to which you may be entitled.
WARRANTY
AND NOW,this day of , 2013, I acknowledge that I have read, understood,
approved and obtained a copy of this Distribution Sheet. I further acknowledge that the above balance constitutes my
total reimbursement for medical expenses, wage losses, pain and suffering and any other losses sustained or claims
resulting from my accident. I warrant that if there are any outstanding medical bills, child support arrearages or claims
other than as set forth above, they will be my responsibility; I further warrant that I will pay any outstanding Blue Cross,
Blue Shield, Public Assistance, Medicare/Medicaid, medical subrogation liens or any other liens and expenses not noted
above.
WITNESS Christopher Lauver, father and Natural Guardian of
Chenelle Lauver, a Minor
525719
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GENERAL RELEASE OF ALL CLAIMS
KNOW ALL PERSONS BY THESE PRESENTS, that I, Christopher Lauver, as
father and natural guardian of my daughter, Chenelle Lauver, and on behalf of
Chenelle Lauver, a minor, intending to be legally bound hereby, and in consideration
of the payment of Forty-five Thousand Dollars ($45,000.00), and other good and
valuable consideration, receipt whereof is hereby acknowledged, have remised,
released and forever discharged, and by these presents do for myself, my agents,
assigns, and heirs hereby remise, release and forever discharge, Erika Ward, her
executors, administrators, personal representatives; successors, attorneys, agents, or
assigns and Erie Insurance Exchange, its officers, directors, workmen, employees,
and insurers, of and from all actions, causes of action, claims, suits, controversies,
trespasses, damages, judgments, and demands in any form whatsoever, including
attorneys' fees, at law or in equity, arising from or by reason of any and all known or
unknown foreseen or unforeseen injuries or damages relating to a dog bite incident
which occurred on February 7, 2011, at 53 Warwick Circle, Mechanicsburg,
Cumberland County, Pennsylvania, which resulted in certain civil action being filed in
the Court of Common Pleas of Cumberland County and docketed at No. 12-1925 Civil,
which will be dismissed with prejudice.
It is understood and agreed that this is the compromise of a disputed claim, and
that this Release and payment is not to be construed as an admission of liability on the
part of the parties released, and that the Releasees deny liability therefore and intend
merely to avoid further litigation and to buy their peace.
The undersigned declares and represents that no promise, inducement or
agreement not stated herein has been made to the undersigned and that this Release
contains the entire agreement between the parties hereto, and that the terms of this
Release are contractual and not a mere recital.
Page 1 of 3
In further consideration of the above payment, I do for myself, my heirs, next of
kin, executors, administrators, successors or assigns, covenant and agree to indemnify
and hold harmless Erika Ward, and her agents, employees, insurance carriers and
attorneys from all claims, demands and suits for damages, costs, loss of services,
expenses or compensation which we, our heirs, insurers, healthcare providers, next of
kin, executors, administrators, successors or assigns have or may have in the future on
account of or in any way growing out of the injuries or damages sustained in the
accident.
It is further understood and agreed that each and every person, healthcare
provider, attorney, carrier, agency, entity or association which claims to have a lien or
claim on the proceeds of this settlement arising out of this incident, lawsuit, or litigation,
is aware of this Release and its terms, and we understand that said released parties
hereunder are relying expressly upon this unconditional express warranty in making
payment hereunder.
It is further understood and agreed between the parties to this Release that it is
inclusive of any and all present and future liens or claims for subrogation against the
payments to be made in accordance with this Release. It is understood and agreed
between the parties to this Release that the Releasors are responsible for the payment
of any liens or charges against the payments to be made hereunder should any such
liens, subrogation, claims or claims for expenses and charges be asserted. This
includes, but is not limited to, medical expense liens, Medicare/Medicaid liens,
workmen's compensation liens, ERISA liens, liens asserted by any federal or local
governmental entity or agency or any medical expense claim. Should any person or
entity make claim for payment of any liens or charges against the Releasees, Erie
Insurance, or its counsel, the Releasors agree to indemnify and hold harmless the
Releasees, Erie Insurance and their counsel from any and all such liens, charges, fees,
claims, attorneys' fees, costs, interests and arty other sum.
Page 2 of 3
covenant and promise that neither we, nor anyone on our behalf, will
communicate or disclose the terms of this General Release of All Claims to any persons
other than my present attorneys, accountants and/or tax or financial consultants, state
and federal tax authorities or other persons as may be required by law, provided
- -- however, that any such person or entity to whom disclosure is made shall be instructed,
in advance, that the information is strictly confidential pursuant to this Release. For all
other purposes, we will indicate only that this matter has been "dismissed."
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY
UNDERSTANDS IT.
IN WITNESS WHEREOF, and intending to be legally bound, I have hereunto set
my hand and seal this day of 12013.
Witness CHRISTOPHER LAUVER
556948
Page 3 of 3
CERTIFICATE OF SERVICE
I, Cathi Wilson-Vugrinec, an employee of the law firm of Angino & Rovner, P.C., do
hereby certify that I am this day serving a true and correct copy of the PETITION FOR COURT
APPROVAL upon all counsel of record via postage prepaid first class United States mail addressed
as follows:
John Ninosky;Esquire
Johnson, Duffle, et al.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
Attorney for Defendant Erika Ward
Cathi Wilson-Vugrinec
Dated:
525512
2013 JUfl -6 P?i ' 20
CUMBERLAND. COUNTY
PEN S YLVA 1 A
CHRISTOPHER LAUVER, father and IN THE COURT OF COMMON PLEAS
natural guardian of CHENELLE CUMBERLAND COUNTY, PA
LAUVER, a minor,
Plaintiff NO. 2012-1925 Civil
V. CIVIL ACTION—LAW
ERIKA WARD and DAVID ALTER,
Defendants JURY TRIAL DEMANDED
ORDER
AND NOW, this 6_66 day oAJm"dL , 2013, upon consideration of
the Petition for Court Approval of a Compromised Settlement and the Distribution of Proceeds
on Behalf of Minor Petitioner Chenelle Lauver, by and through her father and natural guardian,
Christopher Lauver, and Pursuant to Pa.R.C.P. 2039, IT IS HEREBY ORDERED AND
DECREED that the Petition is GRANTED.
Petitioner may accept the settlement offer of $45,000.00 on behalf of Chenelle Lauver
and execute a Release.
The Court hereby approves attorney's fees for Angino & Rovner, P.C., in the amount of
$11,250.00 (25% of$45,000.00). The Court also approves reimbursement of Angino & Rovner,
P.C.'s out-of-pocket expenses in the amount of$2,261.74.
The net proceeds of$31,488.26 is to be paid on behalf of Chenelle Lauver and will be
deposited in Metro Bank, whereby no withdrawal will be made until Chenelle Lauver reaches
majority (age 18), except .as authorized by Court Order. Petitioner's counsel shall provide the
Court with an Affidavit of Deposit evidencing the deposit of$31,488.26 made into Metro Bank,
whereby no withdrawal will be made until Chenelle Lauver reaches majority (age 18), except as
authorized by Court Order.
BY THE'COU
r
J.
D,!.stri bution:
avid L. Lutz, Esquire, Angino & Rovner, P.C.; 4503 N. Front Street, Harrisburg, PA 17110
phone—717-238-6791; dlutz @angino-rovner.com, Counsel for Plaintiff
„/Jolvl Ninosky, Esquire, Johnson, Duffie, et al., 301 Market Street, P.O. Box 109, Lemoyne, PA
17043;phone—717-761-4540;jrn dsw.com; Counsel for Defendant
I£S f l'al ,
525512
THE PROTH
M3 JUL -3 AM 11: 20
CUP18CRLAND COUNTY
PENNSYLVANIA
ANGINO&ROVNER,P.C.
David L.Lutz,Esquire
Attorney 1D# : 35956
4503 North Front Street
Harrisburg,PA 17110-1708
(71"7)238-6791
FAX(717)238-5610
Attorneys for Plaintiff(s)
E-mail:dlutz @angino-rovner.com
CHRISTOPHER LAUVER, father and IN THE COURT OF COMMON PLEAS
natural guardian of CHENELLE CUMBERLAND COUNTY, PA
LAUVER, a minor,
Plaintiff NO. 2012-1925 Civil
V. CIVIL ACTION—LAW
ERIKA WARD and DAVID ALTER,
Defendants JURY TRIAL DEMANDED
PRAECIPE
To the Prothonotary of Cumberland County:
Please mark the above-captioned action settled, satisfied, and discontinued.
ANGINO &ROVNER,P.C.
David L. Lutz
PA I.D. No. 35956
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791 —phone
(717) 238-5610—fax
dlutz@angino-rovner.com
Attorney for Plaintiff
Date: r�--1
ORIGINAL
495535
CERTIFICATE OF SERVICE
1, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby
certify that I am this day serving a true and correct copy of the PRAECIPE upon all counsel of
record via postage prepaid first class United States mail addressed as follows:
John Ninosky, Esquire
Johnson, Duffle, et al.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
Attorney for Defendant Erika Ward
David Alter
115 Forest View Drive
Shermans Dale,PA 17090
Ma eraets�'-
Dated:
j
i
i
'E i€ F,fi r
g ELI t fski-'P4U 111"t:.',
4 {
2613 AW —7 PM 2. 5, ,
CUMBERLAND COUNTY
PENNSYLVANIA
ANGINO&ROVNER;P.C.
David L.Lutz,Esquire
Attorney ID# : 35956
4503 North Front Street
Harrisburg,PA 17110-1!708
(717)238=6791 j
FAX(717)238-5610
Attorneys for Plaintiff(s)
E-mail:dlutz @angino-rovner.com
I
CHRISTOPHER LAUVER, father and IN THE COURT OF COMMON PLEAS
natural guardian of CHENELLE CUMBERLAND COUNTY, PA
LAUVER, a minor,
Plaintiff NO. 2012-1925 Civil
i
V. CIVIL ACTION—LAW
i
ERIKA WARD and DAVID ALTER,
Defendants! JURY TRIAL DEMANDED
AFFIDAVIT OF DEPOSIT OF MINORS' FUNDS
I
The undersigned, counsel for Christopher Lauver, father and natural guardian of Chenelle
I
Lauver, a minor, hereby certifies that the net settlement amount of $31,488.26 for Chenelle
Lauver, as set forth in this Court's Order, was deposited into Metro Bank in a restricted,
federally insured account on July 23, 2013, account no. *****0034. Proof of deposit is attached
hereto as Exhibit'A. Additionally, Plaintiffs counsel's office contacted Crystal, Assistant
Manager at the Hampden Centre Branch of Metro Bank, and confirmed that an alert has been
•
i
i
i
placed on the account that no withdrawal can be made by anyone until.Chenelle reaches age 18
except by Court Order.
ANGINO & ROVNER, P.C.
David L. Lutz
I.D. No. 35956
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791 —phone
(717) 23 8-5 610—fax
r^ dlutz @angiino-rovner.com
Date: U� Attorney for Plaintiff
i
i
531957
i
Thank you for opening your Metro Bank Account!
Please retain this information for your records;
Date: 07123113 APY*: 0.20 % Interest Rate: 0.2000 %
Product
Q Checking
Savings
METRO 888.937.0004
BANK mymetroban
i mymetrobank.com
Deposits may not be available for immediate withdrawal.For deposits made before 6:00 PM,that business day will be considered the day of your deposit.
Funds from your cash and check deposits will be available to you on the first business day after the day we receive your deposit.
'17 12:06 7123/2013 0315"0034
TIrSvDea $31.483.26
HAMPDEN CENTRE STORE103
S-16
3MM 11/12 INT
*Annual Percentage Yield
METRO
BR_28 BANK
Member FDIC
� r 4
CERTIFICATE OF SERVICE
I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby.
certify that I am this day serving a true and correct copy of the AFFIDAVIT OF DEPOSIT OF
MINOR'S FUNDS. upon all counsel of record via postage prepaid first class United States mail.
addressed as follows:
John Ninosky, Esquire
Johnson, Duffie, et al.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
Attorney for Defendant Erika Ward
r'
r
rye Mary T. eraets
Dated:
i
i
I
i
I.
531957
I
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