The URL can be used to link to this page

Home My WebLink About12-5357 p. . I~!-. , , i i ~~".:J I~itti ,r n e ._~3 ~J L..~ ~ ' ~ t~,~ 3~d i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Amy L. Staver and Civil Action -Law Jack W Staver, Individually and on behalf of Haley L. Staver, a minor, Plaintiffs _ X51 vs. No. f o~ S Thomas Madden and Pamela Madden, Defendants 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 AN ATTORNEY AND FILLING 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 WI~fHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMf~LAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY OR OTHER RIGHTS IMPORTAINT TO YOU. LAW OEEICES ~l ) DILoREro, COSENiMG ~''~/~yI it n ~ BOLINGER PC ,~I U ~ . 7S j~~' 330 LINCOLN WAY EAST ~/~A / / P.O. BOX 866 ` / ~ 1~ ~ ` CHAMBERSBURG. PA 17201 / G / ~J ' r _ I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Amy L. Staver and Civil Action -Law Jack W Staver, Individually and on behalf of Haley L. Staver, a minor, Plaintiffs vs. No. Thomas Madden and Pamela Madden, Defendants COMPLAINT NOW come the Plaintiffs, Amy L. Staver and Jack W. Staver, Individually and on behalf of Haley L. Staver, a minor, through their attorney, Philip S. Co$entino, and for cause of action against the Defendants, set forth the following: 1. Amy L. Staver and Jack W. Staver, husband and wife,. are adult individuals living and residing at 584 Mount Rock Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Plaintiffs, Amy L. Staver and Jack W. Staver, are the parents and natural guardians of Haley L. Staver, a minor, born November 7, 2007. 3. Pamela Madden is an adult individual living and residing at 115 Oakhill Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 4. Thomas Madden, is an adult individual living and residing at 115 Oakhill Drive, Carlisle, Cumberland County, Pennsylvania, 17015. LAW OFFICES DILORETO, COSENiINO & BOLMGERVc 330 LINCOLN WAY EAST P.O. BOX 866 CHAMBERSBURG,PA 17201 _ T 5. At all time pertinent hereto, Defendants were the owners of a dog named "Sparky", a Jack Russell-Doberman pincher mix. 6. On November 11, 2010, Plaintiff, Amy L. Staver, and her daughter, Haley L. Staver, were guests in the Madden residence identified above. 7. On said date and place at approximately 1:00 p.m., without any provocation whatsoever, the Defendants' dog lunged at Haley L. Staver and bit Haley°s face, inflicting lacerations below her right eye, a deep 6 cm. laceration below her right eye extending to just above the angle of the mouth and a puncture wound just over the right mandibular ridge. 8. Prior to the accident, the Defendants' dog had a history of violence and in fact, had growled and snapped at its own family members prior to the November 11, 2010 attack on Haley L. Staver, all of which was known by the Defendants at the time of the attack. 9. The injuries sustained by Haley L. Staver, a minor, as above set forth, were caused by the negligence of Defendants, Pamela Madden and Thomas Madden, said negligence consisting of the following: A). Failing to remove the dog, Sparky, from the premises after notice of the animal's vicious propensities; B). Keeping an animal with known vicious propensities on their premises where social guests, including very young children, could be expected to visit; C). Failing to physically restrain the dog, Sparky; LAwGfFICES D). Failure to warn Plaintiffs that Defendants had a dog with a DILORETQ COSENTMO ~BOL@JGER PC vicious propensity; and 330 LINCOLN WAY EAST P.O.80X 866 CHAMBERSBURG,PA 17201 CVS Pharmacy 11 /10/10 1.97 765 South West Street 11 /11 /10 3.58 Carlisle, PA 17013 11 /12/10 7.33 Quality Care Pharmacy 11 /11 /10 2.36 1 Sprint Drive Carlisle, PA 17015 Cosmetic Plastic Surgery Center 03/16/11 219.94 11110 Medical Campus Road 10/07/11 219.94 Suite 241 Hagerstown, MD 21742 Alexander Springs BMBR 11 /11 /10 442.00 Total Expenses: $7,039.62 12 As a result of the injuries sustained by the minor Plaintiff, Haley L. Stever, as above set forth, it is anticipated that she will need additional care and treatment during her minority, including scar revision surgery, dermabrasions and topical treatments in an amount now unknown. WHEREFORE, Plaintiffs, Amy L. Staver and Jack W. Staver, Individually, demand damages of Defendants an amount in excess of the mandatory arbitration limits and costs of suit. LAW OFFICES ~ILOREfO, CiOSENTINO & BOLMGER PC 330 LINCOLN WAY EAST P.O. BOX B66 CHAMBERSBURG, PA 17201 _ _ COUNT THREE -PARENTS' CLAIM ON BEHALF OF HALEY L. STAVER, MINOR Amy L. Staver and Jack W Staver, Individually and on behalf of Haley L. Staver, a minor, Plaintiffs vs. Thomas Madden and Pamela Madden, Defendants 16. Plaintiffs in this Count, Amy L. Staver and Jack W. Staver, bring this aiction of behalf of their minor daughter, Haley L. Staver and incorporate paragrlaphs 1 through 15 as though fully set forth at length herein. 17. As a result of the injuries sustained by the minor Plaintiff, Haley L. Stever, as above set forth, she has sustained significant and permanent facial disfigurerhent. 18. As a result of the injuries sustained by the minor Plaintiff, Haley L. Stever, as above set forth, she has endured severe physical, mental and emotional pain, suffering and inconvenience and will continue to suffer severe physical, mental and emotional pain for a period of time now unknown. 19. As a result of the injuries sustained by the minor Plaintiff, Haley L. Stever, as above set forth, it is anticipated that she will need additional care and treatment after reaching the age of majority, including scar revision surgery, dermabrasions and topical treatments in an amount now unknown. LAW OPPICES DILORETO. COSEMINO ~ BOLINGER PC 330 LINCOLN WAY EAST P.O. BOX 866 CHAMBERSBURG,PA 17201 i WHEREFORE, Plaintiffs, Amy L. Staver and Jack W. Staver, on behalf of their minor daughter, Haley L. Staver, demand damages of Defendants in an amount in excess of the mandatory arbitration limits and costs of suit. Respectfully submitted, DILORETO, COSENTINO & BOLINGER PC Date: August 2012 By ~ _ Phili S. osenti Attorney for Plaintiffs Attorney I.D. #30076 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 LAW OFFICES DILORETO, COSENTINO S BOLINGER PC 330 LINCOLN WAY EAS' P.O. BOX 866 CHAMBERSBURG,PA 17201 Verification We, Amy L. Staver and Jack W. Staver, Individually and on behalf of Healey L. Staver, a minor, the Plaintiffs herein, hereby affirm that the facts set forth in the foregoing Complaint are based upon information which we have furnished to counsel, as well as information which has been gathered by counsel and/or by others acting on behalf of ourselves in preparation of this Complaint. The language of the Complaint is that of our counsel and not our own. We have re8d the Complaint and, to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information andlbelief. To the extent that the content of the Complaint is that of counsel, we haves relied upon such counsel in making this verification. We hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: ~ ~ ~31a~ i my taver, Plaintiff 1J Date: ~j~~.3 f C' ck W. Staver, Plaintiff fir. ~^ I aCT ~' 2 PM ! ~ 5 ! ... . ^. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Amy L. Staver and Civil Action -Law Jack W Staver, Individually and on : behalf of Haley L. Staver, a minor, Plaintiffs vs. No. 12-5357 Thomas Madden and Pamela Madden, Defendants PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS, THOMAS MADDEN AND PAMELA MADDEN NOW come the Plaintiffs, Amy L. Staver and Jack W. Staver, Individually and on behalf of Haley L. Staver, a minor, through their attorney, Philip S Cosentino, and in Reply to New Matter of Defendants, Thomas Madden and Pamela Madden, set forth the following: 20. Legal conclusion to which no reply is required. However, to the extent that a reply is required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 21. Denied. On the contrary, Defendants' dog has a history of violence and in fact, had growled and snapped at its own family members prior to the November 11, 2010 attack on Haley L. Staver, all of which was known by Defendants at the time of the attack. 22. Legal conclusion to which no reply is required. However, to the extent that a LAW OFFICES DILORETO. COSEMINO 8 BOLINGER PC 330 LINCOLN WAY EAST P.O. BOX 666 CHAMBERSBURG. PA 17201 reply is required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). Furthermore, the minor Plaintiff, Haley L. Staver, given her age, was incapable of assumption of the risk or comparative negligence. 23. Legal conclusion to which no reply is required. However, to the extent that a reply is required, the allegations are denied) pursuant to Pa.R.C.P. 1029(e). 24. Legal conclusion to which no reply is required. hiowever, to the extent that a reply is required, the allegations are denied) pursuant to Pa.R.C.P. 1029(e). 25. Legal conclusion to which no reply is required. However, to the extent that a reply is required, the allegations are deniedi pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Plaintiffs, Amy L. Staver and Jack W. Staver, individually and on behalf of their minor daughter, Haley L. Staver, demand damages of Defendants in an amount in excess of the mandatory arbitration limii:s and costs of suit. Respectfully submitted, DILORETO, COSENTINO &~OLINGER PC Date: October ~ ~, 2012 By~ f~S. C sentino attorney fo Plaintiffs ttorney I.D. 30076 330 Linco n ay East. P.O. Boy; 866 Chambersburg, PA 17201 (717) 264-2096 LAW OFFICES DILORETO, COSENTINO Si BOLINGER PC 330 LINCOLN WAY EAST P.O. BOX 866 CHAMBERSBURG,PA 17201 We verify that the statements made in this Plaintiffs' Reply to New Matter of Defendants, Thomas Madden and Pamela Madden, are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ ''~ 1 ~ ~ ~~- DATE: (s ~~ °z ~ t ~ ~ ; C. ~ti ° --, ~~ ____-~_..-~ AA-my~:. Staver, Plaintiff, Individually and on behalf of Haley L. Staver, a minor ;; -~~-- DATE : t ~ ~~ 4 ~ / 1 ~. ~ !° ~ ,,1~.~-~~~=~---~ 'clack VV. Staver Plaintiff, Individual) Y '~ and orr behalf of Haley L. Staver, a minor LAW OFFICES DILORETO, COSENTINO & BOLMGER PC 330 LINCOLN WAY EAS? P.O. BOX B66 CHAMRERSBURG PA 1720' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYILVANIA Amy L. Staver and Jack W Staver, Individually and on behalf of Haley L. Staver, a minor, Plaintiffs vs. Thomas Madden and Pamela Madden, Civil Action -Law No. 12-5357 Defendants CERTIFICATE OF SERVICE I hereby certify that I am this day serving the within Plaintiffs' Reply to New Matter of Defendants, Thomas Madden and Pamela Madden, upon the person(s) and in the manner indicted below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Jefferson J. Shipman, Esquire John R. Ninosky, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 LAW OFFICES OILORETO. COSEMINO ~ BOLINGER PC 330 LINCOLN WAY EAST P.O. BOX is66 CRAMBERSBURG, PA 17201 Date: October ~ ~, 2012 Respectfully submitted, DILORETO, COSENTINO & BOLINGER PC J~,. By --- - hilip S. 'osentino Attorney f r Plaintiffs Attorne . #30076 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 172(:)1 (717) 264-2096 11 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Amy L. Staver and Civil Action - Law Jack W Staver, Individually and on behalf of Haley L. Staver, a minor, Plaintiffs vs. No. 12-5357 Thomas Madden and Pamela Madden, Defendants ORDER OF COURT f ; ?uc. _ ?G , 2013, the within Petition having been presented, 61 read, considered and ordered to be filed, a hearing on the Petition is scheduled for 2013, in Courtroom No. ;5 of the Cumberland County Courthouse, Carlisle, Pennsylvania, -'I-f i L' ' (-A?'' r(', M , By the Court, fF J. ? ??? , I . p S ?c SE'??`?'?? e, . CHAMBERSBURG,PA 17201 C.W r_ :.'e LAW OFFICES V/i -54L!vev DURETO, COSENTINO & BOLINGER PC /? /f jJ l C.? , G 330 LINCOLN WAN EAST ) ?? L -/f P.O.BOX866 ?.C/ti.E ?j ?y1? .! r JCL>/ f ? Y [ ' Tut . '?+ ? ? " k° C= rnOu 32PD rn -V U) 33 —1'nn C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Amy L. Staver and Civil Action— Law 1 Jack W Staver, Individually and on behalf of Haley L. Staver, a minor, J Plaintiffs vs. No. 12-5357 Thomas Madden and Pamela Madden, Defendants ORDER OF COURT r 2013, the within Petition having been presented, read, considered and ordered to be filed, and it appearing to the Court that Petitioners, Amy L. Staver and Jack W. Staver and Erie Insurance Group, the liability carrier for the Defendants, Thomas Madden and Pamela Madden, have agreed to a settlement of $100,000.00 on behalf of the minor Plaintiff, Haley L. Staver, and it appearing that the net distribution to Petitioners on behalf of the minor Plaintiff, Haley L. Staver, is $72,226.57 after payment of attorney fees and expenses to DiLoreto, Cosentino & Bolinger, PC, in the amounts of $19,794.98 and $1,025.10 respectively, after payment of $110.24 to Amy L. Staver and Jack W. Staver as reimbursement for medical bills paid on behalf of the minor Plaintiff, Haley L. Staver, and after payment of the subrogation claim to IBEW Local 143 Health and Welfare Fund in the amount of $6,843.11. IT IS NOW ADJUDGED AND DECREED that the terms of the Compromise and Settlement are fair and just and the said settlement and payment of counsel fees and expenses, reimbursement to Petitioners and subrogation claim as set forth LAW OFFICES above is hereby approved by the Court; DiLoFETa,Cosww &Bams PC 330 LINCOLN WAY EAST P.O.BOX 866 CHAMBERSBURG,FA 17201 IT IS FURTHER ADJUDGED AND DECREED that the Petitioners are authorized to execute a Release to the Defendants and Erie Insurance Group, said Release identified in the within Petition as Exhibit E; and IT IS FURTHER ADJUDGED AND DECREED that the net recovery of $72,226.57 shall be payable to Petitioners, Amy L. Staver and Jack W. Staver, on behalf of Haley L. Staver, a minor, with the funds to be deposited in a federally insured savings account or savings certificate as required by Pa.R.C.P. 2039(b)(2). The funds shall not be withdrawn during the minority of Haley L. Staver without Order of Court except to the extent necessary to pay any income tax on the income derived from the account or certificate. Any income taxes due may be paid from the interest income without further Order of this Court. When the minor attains her majority, the funds in the account or certificate shall be paid to her. Satisfactory proof of the establishment of the account in accordance with the terms of this Order shall be filed of record. By the Court, J. ii j'; ` �� el,ver�l� dUk S.�11 , al SmrH, M' D14b Johrftr, so I Mar tet poomfloci PA LAW OFFICES DjLowro,COSENrINO &BoLwGEn Pc 330 LINCOLN WAY EAST P.O.BOX 866 CHAMBERSBURG,PA 17201 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Amy L. Staver and Civil Action — Law Jack W Staver, Individually and on behalf of Haley L. Staver, a minor, Plaintiffs = vs. No. 12-5357 N I-, -� w cc; Thomas Madden and 3>*.° C-) Pamela Madden, dt=; Defendants x' PRAECIPE TO SETTLE AND DISCONTINUE To: David Buell, Prothonotary, Please mark the above captioned matter as settled and discontinued with prejudice. Respectfully submitted, DILORETO, COSENTINO & BO INGER PC bate: April 19, 2013 By Attohley for Plaintiffs Attorney I.D. #30076 330 Lincoln Way East P.O. Box 866 Chambersburg, PA 17201 (717) 264-2096 LAW OFFICES DILORETO,COSENUNO &BOLINGER PC 330 LINCOLN WAY EAST P.O.BOX 866 CHAMBERSBURG,PA 17201