HomeMy WebLinkAbout05-0230
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2005 - dJO euJ
Civil Action - (XX) Law
( ) Equity
JURY TRIAL DEMANDED
LAUREN RITCHEY, minor, by her parent,
Cynthia Novosel and CYNTHIA NOVOSEL
in her own right
319 Third Street, Apt. 5
Enola, PA 17025
: EAST PENNSBORO SCHOOL DISTRICT
: 890 Valley
: Enola, PA 17025
Plaintiff(s} &
Address(es}
Defendant( s} &
Address(es}
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue A Writ of Summons in the above-captioned action.
L Writ of Summons Shall be issued and forwarded to ( }Attorney (XX)Sheriff
W. Scott Hennina. Esquire
Handler, Henning & Rosenbera. LLP
1300 Linglestown Road
Harrisburg. PA 17110
(717) 238-2000
Name/AddresslTelephone No.
of Attorney
Date: January 5. 2005
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S} HAS/HAVE COMMENCED AN
ACTION AGAINST YOU.
/5/ uttk. ~X&y
Prothonotary
Date: ?n.. II. 07oas- by
( ) Check here if reverse is used for additional information
PROTHON. - 55
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W. Scott Henning, Esquire
1.0.#32298
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000
Fax: (717) 233-3029
E-mail: Henning@HHRLaw.com
Attorney for Plaintiff
LAUREN RICHEY, a minor, by
and through her parent, CYNTHIA
NOVOSEL, and CYNTHIA NOVOSEL
in her own right,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 2005-00230
EAST PENNSBORO SCHOOL
DISTRICT,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims selforth 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 faii to do so the case may proceed without you and
a judgment may be entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
Lawyer Referral Service
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan
mas adelante en las siguientes paglnas, debe tomar acci6n dentro de los pr6ximos veinte (20) dlas despulls
de la notificaci6n de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una
comparecencia escnta y radicando en la Corte por escrito sus delensas de, y objecclones a, las demandas
presentadas aqui en contra suya. Se Ie advierte de que si usted lalla de tomar accl6n como se describe
anteriormente, el caso puede proceder sin usted y un lallo por cualquier suma de dinero reclamada en la
demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demand ante puede ser dictado en contra suya
por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para
usted,
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE
UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE
INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTAOFICINA
LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN
CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN.
Lawyer Referral Service
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
W. Scott Henning, Esquire
1.0.#32298
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000
Fax: (717) 233-3029
E-mail: Henning@HHRLaw.com
Attorney for Plaintiffs
LAUREN RICHEY, a minor, by
and through her parent, CYNTHIA
NOVOSEL, and CYNTHIA NOVOSEL
in her own right,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 2005-00230
EAST PENNSBORO SCHOOL
DISTRICT,
Defendant
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, come the Plaintiffs, Lauren Richey, a minor, by and through her parent,
Cynthia Novosel, and Cynthia Novosel, in her own right, by and through their attorneys,
HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esq., and make the
within Complaint against the Defendant, East Pennsboro School District, and aver as
follows:
1. Plaintiff, Lauren Richey, was born on August 13,1994, and is, therefore, 10
years old and a minor. She currently resides at 319 Third Street, Apartment 5, Enola,
Cumberland County, Pennsylvania 17025.
2. Plaintiff, Cynthia Novosel, an adult individual, is said minor's parent and she
resides with the child at 319 Third Street, Apartment 5, Enola, Cumberland County,
Pennsylvania 17025.
3. Defendant, East Pennsboro School District, is a duly existing governmental
entity and a public school district within the Commonwealth of Pennsylvania with
administrative offices located at 890 Valley Road, Enola, Cumberland County,
Pennsylvania 17025,
4. At all times material hereto, Defendant, East Pennsboro School District,
owned and operated the West Creek Hills Elementary School bUilding(s) and property
located at 400 Erford Road, Camp Hill, Cumberland County, Pennsylvania, (hereinafter
"Premises"), and had the responsibility for the ownership, design, construction,
supervision, inspection, maintenance and/or control of said Premises.
5. At all times material hereto, Plaintiff, Lauren Richey, was a student of
Defendant, East Pennsboro School District, attending West Creek Hills Elementary School.
6. By express and unequivocal legislative declaration, Defendant, East
Pennsboro School District, has a duty to keep the Premises in a reasonably safe condition.
7. At all times material hereto, Defendant, East Pennsboro School District, owed
a duty to Plaintiff and others lawfully traversing said Premises to provide and maintain said
Premises in a reasonably safe condition.
8. At all times material hereto, Defendant, East Pennsboro School District, who
had exclusive control of said Premises, had allowed a large hole, 6 to 7 inches in diameter
and 15 inches deep, to accumulate with water and remain in the road/driveway of the
Premises. It is believed and therefore averred that based upon the uniform, cylindrical
2
shape of the hole and the fact that there existed upon subsequent obseNation a similar
hole in the vicinity, that the hole arose from the removal of a metal post.
9. At all times material hereto, there were no warning signs posted on the
Premises warning of the large hole(s) that existed in the road/driveway.
10. On April 20, 2004, during her recess period, Plaintiff, Lauren Richey, was
traversing the front road/driveway on the Premises, making her way to the playground at
the rear of the Premises. While traversing the road/driveway, Plaintiff was caused to step
and fall harshly into the large hole that existed in the road/driveway area, causing physical
injuries to the Plaintiff, as more particularly set forth herein.
11. At all times material hereto, Defendant, East Pennsboro School District, had
notice ofthe dangerous condition of the deep hole(s) in the road/driveway of said Premises
at 400 Erford Road, Camp Hill, Cumberland County, Pennsylvania.
12. Plaintiffs injuries were a foreseeable result of the Defendant's failure to
properly repair and maintain the Premises and take steps necessary to remove/remedy the
hole(s) in the road/driveway.
13. Liability against the Defendant, East Pennsboro School District, is imposed,
inter alia, by virtue of 42 Pa. C.S.A. SS 8541, 8542(a) and 8542(b)(3)
14. As a direct and proximate result of the negligence of the Defendant, East
Pennsboro School District, Plaintiff, Lauren Richey, sustained serious physical injuries, as
set forth more specifically below.
3
COUNT I - NEGLIGENCE
Lauren Richev v. East Pennsboro School District
15. Plaintiff Incorporates by reference paragraphs 1-14 of the instant Complaint.
16. At all times material hereto, Plaintiff, Lauren Richey, believes and therefore
avers, that Defendant, East Pennsboro School District, was in ownership, possession,
management and/or control of the Premises and was responsible for maintaining the safe
condition of the property known as West Creek Hills Elementary School at 400 Erford
Road, Camp Hill, Cumberland County, Pennsylvania, including the road/driveway adjacent
to said Premises.
17. The occurrence of the aforementioned incident and the resulting injuries to
Plaintiff, Lauren Richey, were caused directly and proximately by the negligence of
Defendant, East Pennsboro School District, by and through its agents, servants, workers
or employees, acting in the scope of their authority and employment, generally and more
specifically as set forth below:
(a) In causing or permitting a hole to exist on the driveway/walkway at the
Premises following either the removal of a post or the intended
installation of a post, thereby posing a hazard and an unreasonable
risk of injury to the Plaintiff and to other persons lawfully upon the
Premises;
(b) In failing to make a reasonable inspection of said Premises which
would have revealed the existence of the dangerous condition posed
by the hole(s) on the road/driveway, and thereby allowing the same
4
to be and remain a dangerous condition when the Defendant knew or
should have known of it;
(c) In failing to ensure the walkway/driveway at said Premises was
maintained in a safe condition to prevent injury to the Plaintiff and
other persons lawfully upon the Premises;
(d) In failing to post a warning sign or device in the area of the hole(s) to
notify of the dangerous condition in the road/driveway of said
Premises;
(e) In failing to remove and/or fill the hole on the walkway/driveway of
said Premises so as to avoid the situation in which the Plaintiff
unknowingly stepped into the hole that existed in the
walkway/driveway;
(f) In failing to place dirt, cement, gravel, rocks and/or pavement into the
15 inch deep hole that existed in the roadldriveway; and
(g) In failing to maintain the driveway in a reasonably safe condition
that would prevent an invitee from stepping into one of the holes
in the walkway/driveway
18. Defendant, East Pennsboro School District, had actual knowledge or should
have known through the exercise of ordinary care and diligence that there was a 15 inch
deep hole(s) in the road/driveway/walkway in the area where Plaintiff, Lauren Richey,
tripped and fell.
19. As a direct and proximate result of the negligence of Defendant, East
Pennsboro School District, Plaintiff, Lauren Richey, sustained serious injuries including,
5
but not limited to, abrasions and contusions to her face, elbows and knees, as well as a
fracture of her right heel.
20. As a direct and proximate result of the negligence of Defendant, East
Pennsboro School District, Plaintiff, Lauren Richey, has undergone great physical pain,
discomfort and mental anguish and she will continue to endure the same for an indefinite
period of time in the future, to her great detriment and loss, physically, emotionally and
financially.
21. As a direct and proximate result of the negligence of Defendant, East
Pennsboro School District, Plaintiff, Lauren Richey, has been, and will in the future be,
hindered from attending to her daily duties and activities to her great detriment, loss,
humiliation and embarrassment.
22. As a direct and proximate result of the negligence of Defendant, East
Pennsboro School District, Plaintiff, Lauren Richey, has and will in the future, suffer a loss
of life's pleasures.
23. As a direct and proximate result of the negligence of Defendant, East
Pennsboro School District, Plaintiff, Lauren Richey, has been compelled, in order to effect
a cure for the aforesaid injuries, to expend large sums of money for medicine and medical
attention, and will be required to expend large sums of money for the same purposes in
the future, to her great detriment and loss.
24. Plaintiff, Lauren Richey, believes, and therefore avers, that her injuries are
permanent in nature.
6
WHEREFORE, Plaintiff, Lauren Richey, seeks damages from Defendant, East
Pennsboro School District, in an amount in excess of the compulsory arbitration limits of
Cumberland County.
COUNT II . NEGLIGENCE
Cynthia Novosel v. East Pennsboro School District
25. Plaintiff Incorporates by reference paragraphs 1-24 of the instant Complaint.
26. As a direct and proximate result of the Defendant's negligence, Plaintiff,
Cynthia Novosel, has been compelled, in order to effect a cure for her daughter's injuries,
to expend sums of money for medicine and medical attention, and may be required to
expend large sums of money for the same purposes in the future, to her great detriment
and loss.
27. As a result of the negligence of the Defendant's negligence, the Plaintiff,
Cynthia Novosel, has suffered lost wages/income by missing time from work to care for her
daughter and may in the future suffer a loss of income and/or loss of earning capacity.
WHEREFORE, Plaintiff, Cynthia Novosel, seeks damages from Defendant, East
Pennsboro School District, in an amount in excess of the compulsory arbitration limits of
Cumberland County.
Respectfully Submitted,
Date: ~. ~) I ~OS--
By:
7
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing document
are based upon information which has been furnished to counsel by me and
information which has been gathered by counsel in the preparation of this lawsuit.
The language of the document is of counsel and not my own. I have read the
document and to the extent that it is based upon information which I have given to
counsel, it is true and correct to the best of my knowledge, information and belief. To
the extent that the contents of the document are that of counsel, I have relied upon
my counsel in making this Verification. The undersigned also understands that the
statements made therein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
~A dik..t ..~ ~ . ")1 h-v~--'i1-"J2 -/
Cynthi~ Novosel
Date: ;2, /;;///0.:5
.
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-
SHERIFF'S RETURN - REGULAR
-.;...
CASE NO: 2005~00230 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RITCHEY LAUREN ET AL
VS
EAST PENNSBORO SCHOOL DISTRICT
J. MICHAEL ICKES
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
EAST PENNSBORO SCHOOL DISTRICT
DEFENDANT
was served upon
the
, at 1430:00 HOURS, on the 13th day of January , 2005
at 890 VALLEY ROAD
ENOLA, PA 17025
BRUCE DEVENNEY, ASSISTANT TO
by handing to
SUPERINTENDENT
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
11.10
.00
10.00
.00
39.10
Sworn and Subscribed to before
0::-
rne this .2'1 ~
day of
l LUh'. J-ijO.f A.D.
r .. 1 ~ '
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So Answers:
r~<<~
R. Thomas Kline
01/14/2005
HANDLER HENNING ROSENBERG
By:
I- %iJ~/g~
}
~,
Lavery, Faherty, Young & Patterson, P.c.
By: Amy L Coryer-Host
ID# 82718
225 Market Street, Suite 304
Harrisburg, P A 17108-1245
(717)233-6633
E-mail: acoryer@laverylaw.com
LAUREN RICHEY, a minor, by and through
her parent, CYNTHIA NOVOSEL, and
CYNTHIA NOVOSEL, in her own right,
Plaintiffs
v.
EAST PENNSBORO SCHOOL DISTRICT,
Defendant
Attorneys for Defendant
East Pennsboro School District
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.: 2005-00230
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendant, East Pennsboro School District, in
connection with the above-captioned matter.
Date:
'-11/3/0.'5
Respectfully Submitted,
Lavery, Faherty, Young & Patterson, P,C.
By:
")
Amy L Coryer
v
.,
J
..,
CERTIFICATE OF SERVICE
I, Angela D, Horchler, an employee with the law firm of Lavery, Faherty, Young &
Patterson, P.c., do hereby certify that on the date listed below, I did serve a true and correct copy
of the foregoing Entry of Appearance upon the following person at the following address by
sending same in the United States mail, first-class, postage-paid:
w. Scott Henning, Esq.
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Attorney for Plaintiffs
Date: 4/!3/cr,
-
Lavery, Faherty, Young & Patterson, P.c.
By: Amy 1. Coryer-Host
ID# 82718
225 Market Street, Suite 304
Harrisburg, P A 17108-1245
(717)233-6633
E-mail: acoryer@laverylaw.com
Attorneys for Defendant
East Pennsboro School District
LAUREN RICHEY, a minor, by and through
her parent, CYNTHIA NOVOSEL, and
CYNTHIA NOVOSEL, in her own right,
Plaintiffs
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO,: 2005-00230
EAST PENNSBORO SCHOOL DISTRICT,
Defendant
JURY TRIAL DEMANDED
NOTICE TO PLEAD
To: W. Scott Henning
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PAl 711 0
You are hereby notified to file a written response to the enclosed Answer with New
Matter within twenty (20) days from service hereof or a judgment may be entered against you.
Lavery, Faherty, Young & Patterson, p,c.
Date: '-I IIi? 10!5
By:
~
( ,Vv",'1 d (J,~. .
Amy 1. Coryer- st, Esq.
Attorney for Defendant
East Pennsboro School District
Lavery, Faherty, Young & Patterson, P.c.
By: Amy L Coryer-Host
ID# 82718
225 Market Street, Suite 304
Harrisburg, PA 17108-1245
(717)233-6633
E-mail: acoryer@laverylaw.com
Attorneys for Defendant
East Pennsboro School District
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
LAUREN RICHEY, a minor, by and through
her parent, CYNTHIA NOVOSEL, and
CYNTHIA NOVOSEL, in her own right,
Plaintiffs
CIVIL ACTION - LAW
v.
NO.: 2005-00230
EAST PENNSBORO SCHOOL DISTRICT,
Defendant
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER OF DEFENDANT.
EAST PENNSBORO SCHOOL DISTRICT, TO COMPLAINT OF PLAINTIFFS
AND NOW, comes Defendant, East Pennsboro School District, by and through
undersigned counsel, Lavery, Faherty, Young & Patterson, P.c., and for its Answer to the
Complaint of Plaintiffs, states as follows:
I. Denied, After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
2. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied.
3. Admitted.
4, Admitted in part; Denied in part. It is admitted that Defendant, East Pennsboro
School District, owned, operated, controlled and maintained the West Creek Hills Elementary
School building and property located at 400 Erford Road, Camp Hill, Cumberland County,
Pennsylvania [hereinafter "Premises"). It is specifically denied that the Defendant designed or
constructed the said premises.
5. Admitted.
6. Denied. The corresponding allegation is denied as a conclusion of law to which
no response is required.
7. Denied. The corresponding allegation is denied as a conclusion of law to which
no response is required.
8. Denied. The corresponding allegations are denied because Plaintiffs' Complaint
fails to identify "at all times material hereto" with sufficient specificity.
9, Denied. It is specifically denied that the Defendant did not warn of the hole that
existed on the Premises. The hole was covered with plywood and an orange cone was placed on
top of the plywood.
10. Denied, After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, accordingly, all such
allegations are denied, Further, the corresponding allegations are denied as conclusions oflaw to
which no response is required. All allegations of causation and consequential injury are
specifically denied as improper legal conclusions and strict proof thereof is demanded at trial.
II, Denied. The corresponding allegations are denied because Plaintiffs' Complaint
fails to identify "at all times material hereto" with sufficient specificity.
12. Denied. The corresponding allegation is denied as a conclusion of law to which
no response is required. It is specifically denied that the Defendant failed to properly repair and
maintain the Premises. It is also specifically denied that the Defendant failed to take the
necessary steps to remedy the hole.
13. Denied. The corresponding allegations are denied as conclusions oflaw to which
no response is required.
14. Denied. The corresponding allegations are denied as conclusions of law to which
no response is required. It is specifically denied that the Defendant was negligent. To the
contrary, Defendant at no time was negligent and at all times acted completely in accordance
with accepted standards of care consistent with standards of the community and applicable law
and regulation. Further, all allegations of causation and consequential injury are specifically
denied as improper legal conclusions and strict proof thereof is demanded at trial.
COUNT I - NEGLIGENCE
Lauren Richey y. East Pennsboro School District
15, Defendant incorporates herein by reference the averments contained in paragraphs
I through 14 of the foregoing Answer as if fully set forth herein,
16, Admitted.
17. Denied. The corresponding allegations are denied as conclusions oflaw to which
no response is required, It is specifically denied that the Defendant was negligent. To the
contrary, Defendant at no time was negligent and at all times acted completely in accordance
with accepted standards of care consistent with standards of the community and applicable law
and regulation. Further, all allegations of causation and consequential injury are specifically
denied as improper legal conclusions and strict proofthereof is demanded at trial.
(a) Denied. The corresponding allegation is denied as a conclusion of law to which
no response is required. It is specifically denied that the hole posed an unreasonable risk of
injury to the Plaintiff.
(b) Denied. The corresponding allegation is denied as a conclusion of law to which
no response is required. It is specifically denied that the Defendant failed to make a reasonable
inspection of the Premises.
(c) Denied, The corresponding allegation is denied as a conclusion of law to which
no response is required, It is specifically denied that the Defendant failed to maintain the
Premises in a safe condition.
(d) Denied. The corresponding allegation is denied as a conclusion of law to which
no response is required. It is specifically denied that the Defendant failed to post a warning sign
or device in the area of the hole,
(e) Denied. The corresponding allegation is denied as a conclusion of law to which
no response is required. It is specificaIly denied that the Defendant failed to remove and/or fill
the hole.
(f) Denied. The corresponding allegation is denied as a conclusion of law to which
no response is required, It is specifically denied that the hole was 15 inches deep. It is also
specifically denied that the Defendant failed to place dirt, cement, gravel, rocks and/or pavement
into the hole.
(g) Denied. The corresponding allegation is denied as a conclusion of law to which
no response is required. It is specifically denied that the Defendant failed to maintain the
Premises in a safe condition.
18. Denied. The corresponding allegation is denied as a conclusion of law to which
no response is required. It is specifically denied that a 15 inch hole existed.
19. Denied, The corresponding allegations are denied as conclusions of law to
which no response is required. It is specifically denied that the Defendant was negligent. To the
contrary, Defendant at no time was negligent and at all times acted completely in accordance
with accepted standards of care consistent with standards of the community and applicable law
and regulation. Further, all allegations of causation and consequential injury are specificaIly
denied as improper legal conclusions and strict proofthereof is demanded at trial.
20. Denied. The corresponding allegations are denied as conclusions of law to which
no response is required. It is specifically denied that the Defendant was negligent. To the
contrary, Defendant at no time was negligent and at all times acted completely in accordance
with accepted standards of care consistent with standards of the community and applicable law
and regulation. Further, all allegations of causation and consequential injury are specifically
denied as improper legal conclusions and strict proof thereof is demanded at trial.
21. Denied, The corresponding allegations are denied as conclusions of law to which
no response is required, It is specifically denied that the Defendant was negligent. To the
contrary, Defendant at no time was negligent and at all times acted completely in accordance
with accepted standards of care consistent with standards of the commuoity and applicable law
and regulation. Further, all allegations of causation and consequential injury are specifically
denied as improper legal conclusions and strict proof thereof is demanded at trial.
22. Denied. The corresponding allegations are denied as conclusions of law to which
no response is required. It is specifically denied that the Defendant was negligent. To the
contrary, Defendant at no time was negligent and at all times acted completely in accordance
with accepted standards of care consistent with standards of the community and applicable law
and regulation. Further, all aIlegations of causation and consequential injury are specifically
denied as improper legal conclusions and strict proof thereof is demanded at trial.
23. Denied. The corresponding allegations are denied as conclusions of law to which
no response is required. It is specifically denied that the Defendant was negligent. To the
contrary, Defendant at no time was negligent and at all times acted completely in accordance
with accepted standards of care consistent with standards of the community and applicable law
and regulation. Further, all allegations of causation and consequential injury are specifically
denied as improper legal conclusions and strict proof thereof is demanded at trial.
24, Denied. It is strictly denied that Plaintiff, Lauren Richey's injuries are permanent
in nature. To the contrary, nothing in the medical record suggests a permanent injury.
WHEREFORE, Defendant, East Pennsboro School District, respectfully requests that this
Honorable Court grant judgment in its favor and against the Plaintiffs, together with costs and
expenses,
COUNT II - NEGLIGENCE
Cynthia Novosel v. East Pennsboro School District
25. Defendant incorporates herein by reference the averments contained in paragraphs
I through 24 of the foregoing Answer as if fully set forth herein.
26. Denied. The corresponding allegations are denied as conclusions of law to which
no response is required, It is specifically denied that the Defendant was negligent. To the
contrary, Defendant at no time was negligent and at all times acted completely in accordance
with accepted standards of care consistent with standards of the community and applicable law
and regulation. Further, all allegations of causation and consequential injury are specifically
denied as improper legal conclusions and strict proof thereof is demanded at trial.
27, Denied. The corresponding allegations are denied as conclusions of law to which
no response is required, It is specifically denied that the Defendant was negligent. To the
contrary, Defendant at no time was negligent and at all times acted completely in accordance
with accepted standards of care consistent with standards of the community and applicable law
and regulation. Further, all allegations of causation and consequential injury are specifically
denied as improper legal conclusions and strict proof thereof is demanded at trial.
WHEREFORE, Defendant, East Pennsboro School District, respectfully requests that this
Honorable Court grant judgment in its favor and against the Plaintiffs, together with costs and
expenses.
NEW MATTER
28. Defendant incorporates herein by reference the averments contained in paragraphs
I through 27 of the foregoing Answer as if fully set forth herein.
29. The Plaintiffs may have failed to state a cause of action upon which relief can be
granted.
30. The applicable Statute of Limitations may have expired prior to the institution of
this action.
31. Discovery may reveal that Plaintiffs' claims may be barred in whole or in part by
one or more affirmative defenses set forth in Pa.R.C.P. 91030, which are incorporated herein by
reference including, but not limited to, assumption of the risk, collateral estoppel, res judicata,
release or immunity from suit.
32. Defendant was not negligent.
33. The Defendant's agents, servants andJor employees were not negligent.
34. Any acts or omissions of the Defendant andJor the Defendant's agents, servants
andJor employees alleged to constitute negligence were not substantial causes or factors of the
subject incident and/or did not result in the injuries andJor losses alleged by the Plaintiffs,
35. The incident and/or damages described in the Plaintiffs' Complaint may have been
caused or contributed to by the Plaintiffs.
36. Plaintiff Lauren Richey's negligence exceeds that of Defendant, if such is proven.
37. The Plaintiff, Lauren Richey, may have assumed the risk.
38. The Plaintiff, Lauren Richey, may have been contributorily negligent.
39. The incident, injuries and/or damages alleged to have been sustained by the
Plaintiffs were not proximately caused by Defendant.
40. The peril or danger of which Plaintiffs complain, to the extent it existed, which
Defendant denies, was open and obviously known to the Plaintiff, Lauren Richey, who
nevertheless conducted herself in such a manner as to expose herself to said peril or danger.
41. Plaintiffs may not have properly mitigated their damages.
42. Plaintiffs' claims are barred and/or limited by application of the Pennsylvania
Political Subdivision Tort Claims Act. Defendant pleads application of all defenses, privileges,
immunities, and limitations on recovery contained therein.
43, Plaintiffs' claims are barred and/or limited by application of Pennsylvania's
Comparative Negligence Act.
44. Plaintiffs' alleged lllJunes and/or damages were caused by the contributory,
superseding and/or intervening actions of other persons and/or parties, and not by any actionable
conduct on the part of Defendant.
45. Plaintiffs' claims are barred for failure to provide the required notice to
government entities pursuant to 42 Pa.C.S. 95522 within six months from the date of the fall.
46. Any conduct on the part of Defendant was not the legal or proximate cause of
Plaintiffs' injuries. In the alternative, any conduct on the part of Defendant, at most, facilitated
Plaintiffs' injuries and, therefore, Defendant bears no liability to Plaintiffs.
47. Pursuant to 42 Pa.C.S. ~8553(c), the Plaintiffs are not entitled to collect damages
for pain and suffering since Plaintiff, Lauren Richey's injuries did not result in death, permanent
loss of a bodily function, permanent disfigurement or dismemberment and medical expenses did
not exceed $1,500,00.
48. Defendant desires, and is entitled to, a trial by jury.
WHEREFORE, Defendant, East Pennsboro School District, respectfully requests that this
Honorable Court grant judgment in its favor and against the Plaintiffs, together with costs and
expenses.
Respectfully Submitted,
Lavery, Faherty, Young & Patterson, P.C.
Date: Y '11': I oS
By:
0'>>1' I i Q{1i
Amy 1. Coryer ost, Esq.
Attorney for Defendant
East Pennsboro School District
. Apl-18-200S 08:40... Fro.-E.st Penn.bora Area S,hoal D,.t",t
TIT 132 8m
T-SSS P00310~3 F-ST9
VERIFlCATlON
I, Richard Fl'cy of the Easl Pennsboro School District, do hereby sw and affinn that
the facts and admis~ ions set forth in the Answer and New Maller are true and c rrect to the best
of my knowledge, Information and belief. The undersigned understands tha the statements
made therein are !lade subject to the penalties of 18 Pa.C.S. ~4904 relat ng to unswom
falsification to auth! rities.
Date: ~~_
Richard I'ter
~
CERTIFICATE OF SERVICE
I, Blanche A. Morrison, an employee with the law firm of Lavery, Faherty, Young &
Patterson, P.c., do hereby certify that on the date listed below, I did serve a true and correct copy
of the foregoing Answer to Plaintiffs' Complaint upon the following person at the following
address by sending same in the United States mail, first-class, postage-paid:
W. Scott Henning, Esq.
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, P A 171 10
Attorney for Plaintiffs
Date:
-'/- / f-t;:J
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lanche A. Morrison
egal Secretary to Amy 1. Coryer-Host
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W. Scott Henning, Esquire
1.0.#32298
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000
Fax: (717) 233-3029
E-mail: Henning@HHRLaw.com
Attorney for Plaintiffs
LAUREN RICHEY, a minor, by
and through her parent, CYNTHIA
NOVOSEL, and CYNTHIA NOVOSEL
in her own right,
Plaintiffs
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:No. 2005-00230
EAST PENNSBORO SCHOOL
DISTRICT,
Defendant
:CIVIL ACTION - LAW
:JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO NEW MATTER
AND NOW, come the Plaintiffs, Lauren Richey, a minor, by and through her parent,
Cynthia Novosel. and Cynthia Novosel, in her own right, by and through their attorneys,
HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esq., and responds
as follows:
28. Denied.
Paragraph 28 is an incorporation paragraph to which no
responsive pleading is required.
29. Denied.
The allegation set forth in paragraph 29 is a conclusion of law
to which no responsive pleading is required, however, to the extent that the Honorable
Court deems a response necessary, it is denied that the Plaintiffs have failed to state a
cause of action upon which relief can be granted, and proof to the contrary is demanded
at the trial in this matter.
30. Denied.
The allegation set forth in Paragraph 30 is a conclusion of law
to which no responsive pleading is required, however, to the extent that the Honorable
Court deems a response necessary, it is denied that the Statute of Limitations had expired
prior to the institution of the cause of action, and proof to the contrary is demanded at the
trial in this matter.
31. Denied. The allegation set forth in Paragraph 31 is a conclusion of law
to which no responsive pleading is required, however, to the extent that the Honorable
Court deems a response necessary, it is denied that the Plaintiffs' claims may be barred
in whole or in part by any of the affirmative defenses set forth in Pennsylvania Rule of Civil
Procedure NO.1 030, and proof to the contrary is demanded at the trial in this matter.
32. Denied, It is denied that the Defendant was not negligent with regard to
the incident and resulting injury sustained by minor Plaintiff, Lauren Richey, and proof to
the contrary is demanded at the trial in this matter. By way of further answer, the Plaintiffs
incorporate their allegations of negligence as set forth in their Complaint.
33. Denied. The Plaintiffs incorporate their response to paragraph 32, in
response to paragraph 33.
34. Denied. The allegation set forth in Paragraph 34 is a conclusion of law
to which no responsive pleading is required, however, to the extent that the Honorable
Court deems a response necessary, it is denied that the acts or omissions of the
Defendant and/or the Defendant's agents, servants and/or employees did not constitute
negligence and were not a substantial cause or factor of the subject incident and the
resulting injury sustained by minor Plaintiff, Lauren Richey, and proof to the contrary is
demanded at the trial in this matter.
35. Denied. The allegation set forth in Paragraph 35 is a conclusion of law
to which no responsive pleading is required, however, to the extent that the Honorable
Court deems a response necessary, the Plaintiffs assert that the incident and resulting
damages sustained by the Plaintiffs were not caused or contributed to by any actions or
omissions on the part of the Plaintiffs, and proof to the contrary is demanded at the trial in
this matter.
36. Denied. The allegation set forth in Paragraph 36 is a conclusion of law
to which no responsive pleading is required, however, to the extent that the Honorable
Court deems a response necessary, it is denied that Plaintiff, Lauren Richey, was in any
way contributorily or comparatively negligent such that her negligence could exceed the
negligence of the Defendant, and proof to the contrary is demanded at the trial in this
matter.
37. Denied. The allegation set forth in Paragraph 37 is a conclusion of law
to which no responsive pleading is required, however, to the extent that the Honorable
Court deems a response necessary, it is denied that minor Plaintiff, Lauren Richey,
assumed the risk of her injury and resulting damages, and proof to the contrary is
demanded at the trial in this matter. By way of further answer, the Plaintiffs assert that the
Doctrine of Assumption of the Risk is not applicable to the subject cause of action in view
of the advent of the Pennsylvania Comparative Negligence Law.
38. Denied, The allegation set forth in Paragraph 38 is a conclusion of law
to which no responsive pleading is required, however, to the extent that the Honorable
Court deems a response necessary, it is denied that Plaintiff, Lauren Richey, was in any
way contributorily or comparatively negligent with regard to the happening of the incident
and the resulting injuries, and proof to the contrary is demanded at the trial in this matter.
39. Denied. The allegation set forth in Paragraph 39 is a conclusion of law
to which no responsive pleading is required, however, to the extent that the Honorable
Court deems a response necessary, it is denied that the incident, injuries and/or damages
sustained by the Plaintiffs were not proximately caused by the actions of the Defendant,
and proof to the contrary is demanded at the trial in this matter.
40. Denied. The allegation set forth in Paragraph 40 is simply a reiteration
of the Assumption of the Risk Doctrine and to that extent, Plaintiffs incorporate their
response to Paragraph 37 as though fully set forth herein. By way of further answer, it is
denied that the hole in the driveway of the school parking lot was open, obviously visible
and obviously known to the Plaintiff, Lauren Richey, such that she knowingly and
voluntarily encountered the hazard that the hole in the driveway presented. Further, it is
denied that Plaintiff, Lauren Richey, conducted herself in a manor so as to expose herself
to peril or danger, and proof to the contrary is demanded at the trial in this matter.
41, Denied. It is denied that Plaintiffs have failed to properly mitigate their
damages, and proof to the contrary is demanded at the trial in this matter.
42. Denied. The allegation set forth in Paragraph 42 is a conclusion of law
to which no responsive pleading is required, however, to the extent that the Honorable
Court deems a response necessary, the Plaintiffs deny that their claims are barred and/or
limited by application of the Pennsylvania Political Subdivision Tort Claims Act, and proof
to the contrary is demanded at the trial in this matter.
43. Denied. The allegation set forth in Paragraph 43 is a conclusion of law
to which no responsive pleading is required, however, as previously set forth in response
to prior allegations, the Plaintiffs deny that their claims are barred and/or limited by the
application of Pennsylvania's Comparative Negligence Act. By way of further answer, the
Plaintiffs deny that the minor Plaintiff, Lauren Richey, was in any way contributory or
comparatively negligent, and proof to the contrary is demanded at the trial in this matter.
44. Denied. The allegation set forth in Paragraph 44 is a conclusion of law
to which no responsive pleading is required, however, to the extent that the Honorable
Court deems a response necessary, it is denied that the Plaintiffs' injuries and/or damages
were caused by the contributory, superseding and/or intervening actions of other persons
and/or parties over whom the Defendant did not have control or the right of control, and
proof to the contrary is demanded at the trial in this matter.
45, Denied. The allegation set forth in Paragraph 45 is a conclusion of law
to which no responsive pleading is required, however, to the extent that the Honorable
Court deems a response necessary, the Plaintiffs assert that their claims are not barred
for failure to provide the required notice to governmental entities pursuant to 42 Pa,C.S.
S5522. To the contrary, Plaintiffs provided notice of their intent to pursue this personal
injury claim by virtue of a letter directed to the Defendant, East Pennsboro School District
dated May 19, 2004.
46. Denied. The allegation set forth in Paragraph 46 is a conclusion of law
to which no responsive pleading is required, however, to the extent that the Honorable
Court deems a response necessary, it is denied that the conduct of the Defendant was not
the legal or proximate cause of Plaintiffs' injuries, and proof to the contrary is demanded
at the trial in this matter.
47. Denied. The allegation set forth in Paragraph 47 is a conclusion of law
to which no responsive pleading is required, however, to the extent that the Honorable
Court deems a response necessary, it is denied that the Plaintiffs are not entitled to collect
damages for pain and suffering pursuant to 42 Pa. C.S. S8553(c) and proof to the contrary
is demanded at the trial in this matter.
48. Denied.
Paragraph 48 is simply the Defendant's request for Trial by Jury
and no responsive pleading is required,
WHEREFORE, Plaintiffs demand judgment againstthe Defendant, East Pennsboro
School District for the relief set forth in their Complaint.
Respectfully submitted,
Lf-d.-I-cW,S
DATE
ROSENBERG, LLP
W. ott
1.0.#32298
1300 Linglestown Roa
Harrisburg, PA 1711
717-238-2000
Attorney for Plaintiffs
LAUREN RICHEY, a minor, by
and through her parent, CYNTHIA
NOVOSEL, and CYNTHIA NOVOSEL
in her own right,
Plaintiffs
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:No. 2005-00230
EAST PENNSBORO SCHOOL
DISTRICT,
Defendant
:CIVIL ACTION - LAW
:JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
On the 21st day of April, 2005, I hereby certify that a true and correct copy of
Plaintiffs' Reply To New Matter was served upon the following by depositing in U.S.
Mail;
Amy L Coryer-Host, Esq.
Lavery Faherty Young & Patterson, P,C.
225 Market Street, Suite 304
P.O, Box 1245
Harrisburg, PA 17108-1245
1-/ -;J./ -dove-
DATE
Respectfully submitted,
HANDLER, ~NN1NG & ROSENBERG, LLP
{/l~
.;. - ;,,/ /'
W. Scott In , ire
I.D. #32298 /
1300 Linglestown R6ad
Harrisburg, PA 17110
717-238-2000
Attorney for Plaintiffs
VERIFICATION
PURSUANT TO PA R.C.P. NO. 1024 (cl
W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing
the foregoing document; that he makes this affidavit as an attorney, because the party he
represents lacks sufficient knowledge or information upon which to make a verification
and/or because he has greater personal knowledge of the information and belief than that
of the party for whom he makes this affidavit; and that he has sufficient knowledge or
information and belief, based upon his investigation of the matters averred or denied in the
foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S,
S4904 relating to unsworn falsification to authorities.
Date: 1 ,,1/'-,;),c{)C_) -
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Lavery, Faherty, Young & Patterson, P.c.
By: Amy 1. Coryer-Host
ID# 82718
225 Market Street, Suite 304
Harrisburg, P A 17108-1245
(717)233-6633
E-mail: acoryer@laverylaw.com
Attorneys for Defendant
East Pennsboro School District
LAUREN RICHEY, a minor, by and through
her parent, CYNTHIA NOVOSEL, and
CYNTHIA NOVOSEL, in her own right,
Plaintiffs
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO.: 2005-00230
EAST PENNSBORO SCHOOL DISTRICT,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE PREREOUlSITE TO SERVICE OF SUBPOENA
PURSUANT TO RULE 40051.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, the Defendant hereby certifies that:
(I) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto
was mailed or delivered to each party at least twenty (20) days prior to the date on which the
subpoena is sought to be served;
(2) a copy of the notice of intent, including the proposed subpoena, is attached to this
certificate;
(3) no objection to the subpoena has been received; and
(4) the subpoena which will be served is identical to the subpoena which is attached to
the notice of intent to serve the subpoena.
Date:
Respectfully Submitted,
Lavery, Faherty, Young & Patterson, P.C.
~IIS/o"5
By: ~ :L
Amy L.1td,rye ost, Esquire
Atty No. 8271
225 Market Street, Suite 304
P.O. Box 1245
Harrisburg, PA 17108-1245
Attorney for Defendant
East Pennsboro School District
CERTIFICATE OF SERVICE
I, Kelly M. Foreman, an employee with the law firm of Lavery, Faherty, Young &
1-
Patterson, P.c., do hereby certify that on this L 1) day of August, 2005, I served a
true and correct copy of the foregoing Certificate Prerequisite to Serve a Subpoena via
u.s. First Class mail, postage prepaid, addressed as follows:
W. Scott Henning, Esquire
Handler, Henning & Rosenberg
1300 Linglestown Road, #2
Harrisburg, PA 17110
1;;;;Jf10~
Kelly M. oreman
Paralegal to Amy L. Coryer-Host
Lavery, Faherty, Young & Patterson, P.C.
By: Amy 1. Coryer-Host
ID# 82718
225 Market Street, Suite 304
Harrisburg, P A 17108-1245
(717)233-6633
E-mail: acoryer@laverylaw.com
Attorneys for Defendant
East Pennsboro School District
LAUREN RICHEY, a minor, by and through
her parent, CYNTHIA NOVOSEL, and
CYNTHIA NOVOSEL, in her own right,
Plaintiffs
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO.: 2005-00230
EAST PENNSBORO SCHOOL DISTRICT,
Defendant
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOE:~A TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO
PA.R.C.P. RULE NO. 4009.21
TO: COUNSEL/PARTIES OF RECORD
Defendant, East Pennsboro School District, intends to serve a subpoena identical to the one
that is attached to this notice. You have twenty (20) days from the date listed below in which to file
of record and serve upon the undersigned an objection to the subpoena. Ifno objection is made, the
subpoena may be served.
Respectfully submitted,
Lavery, Faherty, YOlmg & Patterson, P.C.
Date: 7 j :).llos
By:
G", t <i lb~"
Amy 1. oryer- st
AttyNo.82718
225 Market Street, Suite
P.O. Box 1245
Harrisburg, PA 17108-1245
Attorney for Defendant
East Pennsboro School District
CERTIFICATE OF SERVICE
I, Kelly M. Foreman, an employee with the lawfirm of Lavery, Faherty, Young &
,
~'
,: j'-,;'.'
Patterson, P.e., do hereby certify that on this
day of July, 2005, I served a true
and correct copy of the foregoing Notice of Intent to Serve a Subpoena via U.S. First Gass
mail, postage prepaid, addressed as follows:
W. Scott Henning, Esquire
Handler, Henning & Rosenberg
1300 Linglestown Road, #2
Harrisburg, P A 17110
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Kelly M. Foreman
Paralegal to Amy L. Coryer-Host
COMMONVVEALTH OF PENNSy'l Vi\l'<'l4.
COUNTY OF ClJM:BERL.A1'-iD
LAUREN RICHEY, a minor, by and through
her parent, CYNTHIA NOVOSEL, and
CYNTHIA NOVOSEL, in her own right,
Plaintiffs
FileNo.
NO.: 2005-00230
v.
EAST PENNSBORO SCHOOL DISTRICT,
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUAl~T TO RULE 4009.22
TO:
Tristan Associates
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the C011It to produce the
following documents or things:
Any and all medical records pertaining to Laurer Richey, 008:8/13/94
SSN: 159'-'7F-'1355 .As well as x-ray fllrns of the right calcaneus and
right orbit taken on 4/20/04.
at Lavery,Faherty,Young & Patterson, P.C. 225 Market St. Suite 304 Hbg. PA 17101
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making tbis request at ,the address listed
above. You have the right to seek in advance the reasonable cost of prepar:mg the copies or producing the
thirigs sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after its ser\~ce, the party serving this subpoena may 'seek a court order compelling you to' comply with it .
TIllS SUBPOENA WAS ISSUED AT TIffi REQUEST OF THE FOLLOW1NG PERSON:
NAME: Amy L. Coryer-Host, Esguire
ADDRESS: ??'i Markpt St. Slli tp :104, PO Box 1245
Harrisburq, PA 17108
TELEPHONE: (717) 233-6633
SUPREME COURT ill # 82718
ATTOR1'iEYFOR: East Pennsboro School District
BY THE COURT:
Prothonotl.ry, Civil Division
Date:
Seal of me COlli-(
Deputy
COMMONWEALTH OF PEN"NSYL V},NIA,
COUl'o.rrY OF ClTMBERLAN'D
LAUREN RICHEY, a minor, by and through
her parent, CYNTHIA NOVOSEL, and
CYNTHIA NOVOSEL, in her own right,
Plaintiffs
FileNo,
NO.: 2005~00230
v.
EAST PENNSBORO SCHOOL DISTRICT,
Defendant
SUBPOENA TO PROD.UCE DOCUMENTS OR THINGS
FOR DISCOVERY PlJK5UAi"i'T TO RULE 4009.22
TO:
Orthopedic Institute of PA-Dr. Demuth
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ord"red by the court to produce the
following documents or things:
Any and all medical records pertaining to Lauren Richey, DOB:8/13/94
SSN: 159'-76'C:1355. As wen as x~ray films of the right heel taken on
4/21/04 and 5/12/04.
& Lavery,Faherty,Young & Patterson, P.C. 225 Mark"t St. Suite 304 Hbg. PA 17101
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the Party making this request at the address listed
above. Yon have the right to seek in advance the reasonable cost of preparing the copies or producing the
thirigs sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after its service, the partyBerv1ng this subpoenamayseek a coUIt order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQTJEST OF THE FOLLOWING PERSON:
NAME: Amy L. Coryer-Host, Esquire
ADDRESS: /;>') M~rkpt St. Sui tE> 304, PO Box 1245
Harrisburg, pA 17108
TELEPHmJE: (717) 233-6633
S1.iPREME COURT ill # 82718
ATTORNEY FOR: East Pennsboro School District
BY THE COlJRT:
Prothonotary, Civil Division
Date:
Seal orllie COllil
Deputy
COM]y[ONWEALTH OF PEN"NSYL VA.NlA.
CmTNTY OF C1JlI'IJ3ERLA.'NTI
LAUREN RICHEY, a minor, by and through
her parent, CYNTHIA NOVOSEL, and
CYNTHIA NOVOSEL, in her own right,
Plaintiffs
FileNo.
NO,: 2005,00230
v.
EAST PENNSBORO SCHOOL DISTRICT,
Defendant
SlJBPOENA TO PRODUCE DOCUMENTS OR THlNGS
FOR DISCOVERY PURSUAl~T TO RIlLE 4009.22
TO: Michelle Zeager, D.O.
(NmneofPe~onorEnriry)
Within twenry (20) days after service of this subpoena, you are ordered by the court to produce the
foIlov.ring documents or things:
Any and all medical r~cords pertaining to Lauren Richey, DOB:8/13/94
SSN: 159'-76'-1355
at Lavery,Faherty,Young & Patterson, P.C. 225 Mark,,,t St. Suite 304 Hbg. PA 17101
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making tIris request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the .
thirigssought.
If you fail to produce the documents or things required by this sub:ooena within twenty (20) days
after.its ser\~ce, the party serving this subpoena may.seek a court order compelling you to' comply with it:
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TIffi FOLLOWIN'G PERSON:
NAME: Amy L. Coryer-Host, Esquire
ADDRESS: ??~ M~rk",t St. Snit", ~04, PO Box 1245
Harrisburg, PA 17108
TELEPHONE: (717) 233-6633
SUPREME COURT ill # 82718
ATTORl'i'EYFOR: East Pennsboro School District
BY THE COURT:
Prothonotary, Civil Division
Date:
Seal ofille COlli..-r
Depmy
COMM:ONVi'EALTH OF PEN"NSYL VANiA
COm..1'fY OF CU1vfBERLAND
LAUREN RICHEY, a minor, by and through
her parent, CYNTHIA NOVOSEL, and
CYNTHIA NOVOSEL, in her own right,
Plaintiffs
FileNo.
NO.: 2005-00230
v.
EAST PENNSBORO SCHOOL DISTRICT,
Defendant
SUBPOENA TO PROD,UCE DOCDMENTS OR THINGS
FOR DISCOVERY PlJRSUAl,,'T TO RULE 4009.22
TO: pinnacle Health Hospitals
(Name of Person or Entity)
Wifuin twenty (20) days after service of this subpoena, you are ordered by the cou..-t to produce the
following documents or things:
Any and all medical r('cords pertaining to Lauren Richey, ooB:8/13/94
SSN: 159-76-"1355
at Lavery/Faherty/Young & Patterson, P.C. 225 Market St. Suite 304 Hbg. PA 17101
(Address)
You may deliver or mail legible copies of the documents or produce fuings requested by this
subpoena, together with the certificate of compliance, to the party making 1Jlls request at ,the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the .
thirigssought
If you fail to pmduce the documents or things required by this subpoena "ithin twenty (20) days
after its service, the party serving this subpoena mayseek a court order compelling you to' comply 'lith it.
TIllS SVBPOENA WAS ISSUED AT THE REQT:JEST OF THE FOLLOWING PERSON:
NAME: Amy L. Coryer-Host, Esquire
ADDRESS: ??S M~rkpt St. Slli tp :004, PO Box 1245
Harrisburg, PA 17108
TELEPHONE: (717) 233-6633
SUPRE.ME COURT ill # 82718
ATTOEl~nYFO}c East Pennsboro School District
BY TIffi COURT:
Prothonotary, Civil Division
Date:
Seal of the COlli-t
Deputy
COMMO:NIVEALTH OF PENNSYlVAN'lil.
COlJ.NTY OF ClJ11BERLMu
LAUREN RlCHEY, a minor, by and through
her parent, CYNTHIA NOVOSEL, and
CYNTHIA NOVOSEL, in her own right,
Plaintiffs
FileNo.
NO,: 2005-00230
v.
EAST PENNSBORO SCHOOL DISTRICT,
Defendant
SUBPOENA TO PRODUCE DOClTMENTS OR THINGS
FOR DISCO'V'ERY PTTRSUAl'{T TO RULE 4009.22
TO: Arlington Group
O'ameofPe~onorEntity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to pIOducethe
following documents or things:
Any and all medical r~cords pertaining to Lauren Richey, DOB:8/13/94
SSN: 159'-76:':1355
at Lavery,Faherty,Young & Patterson, P.C. 225 Market St. Suite 304 Hbg. PA 1710l
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. Yau have the right to seek in advance the reasonable cost of preparing the copies or producing the
thirigs sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after.its service, the party-serving this subpoena may.seek a court order cOID;pelling you to. comply Vilith it
TIDS SUBPOENA WAS ISSlJED AT TIffi REQUEST OF THE FOLLOWING PERSON:
NAME: Amy L. Coryer-Host, Esquire
ADDRESS: 77'1 MrirkF,t St. Slli tp 304, PO Box 1245
Harrisburg, PA 17108
TELEPHONE: (717) 233-6633
SUPREME COURT ID # 82718
ATTORJ\'EYFOR: East Pennsboro School District
BY TIlE COURT:
Prothonotary, Civil Division
Date:
Seal of the- Colli-T
Deputy
COMMOl--iWEALTH OF PE:N"NSYL VA'<lA
COlJNTY OF CUMBERLA.NU
LAUREN RICHEY, a minor, by and through
her parent, CYNTHIA NOVOSEL, and
CYNTHIA NOVOSEL, in her own right,
Plaintiffs
FileNo.
NO.: 2005~00230
v.
EAST PENNSBORO SCHOOL DISTRICT,
Defendant
SUBPOENA TO PROD,UCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUA,l"i"T TO RULE 4009.22
TO: Hershey Medical Center
~ameofPewonorEnrity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all medical rE;cords pertaining to Lauren Richey, ooB:8/13/94
SSN: 159-76':1355
at Lavery,Faherty,Young & Patterson, P.C. 225 Market St. Suite 304 Hbg. PA 1710l
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
thirigs sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after .its service, the party .serving this subpoena may .seek a court order compelling you to comply with it.
TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF TIffi FOLLOWING PERSON:
NAME: Amy L. Coryer-Host, 'Esquire
ADDRESS: ??~ MClrkpt !Ot. !On; tp ~04, PO Box 1245
Harrisburg, PA 17108
TELEPHONE: (717) 233-6633
SUPREME COURT ID # 82718
ATTO~'EYFOR: East Pennsboro School District
BY TIlE COURT:
Prothonotary, Civil Division
Date:
Seal of me COlli-t
Deputy
COMMON\VEALTH OF PEHN"S,'l VANIA
COlJNTY OF CUlvIBERLA.r.iD
LAUREN RICHEY, a minor, by and through
her parent, CYNTHIA NOVOSEL, and
CYNTHIA NOVOSEL, in her own right,
Plaintiffs
FileNo,
NO.: 2005-00230
v,
EAST PENNSBORO SCHOOL DISTRICT, .
Defendant
SUBPOENA TO PRODUCE DOClJl\1ENTS OR THINGS
FOR DISCOVERY PURSUAL~T TO RULE 4009.22
TO: Darowish & McCoy Associates, P.C.
(N~ofPersonorEntity)
Within twenty (20) days aft.er service of this subpoena, you are ordered by the COlli-t to produce 'the
follov:.mg documents or things:
Any and all medical r~cords pertaining to Lauren Richey, DOB:8/13/94
SSN: 159'-'76'-'1355'
at Lavery,Faherty,Younq & Patterson, P.C. 225 Market St. Suite 304 Hbg. PA 17101
(Address)
You may deliver or mail legible copies of the documents or produce things requested' by this
subpoena, together with the certificate of compliance, to the party making rlris request at ,the address listed
above. You have the right to seek in advance the reasonable cost of prepanng the copies or producing the
thirigs sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after its service, the party-serving this subpoena may.seek a court order compelling you to. comply \\i.th it.
TIllS SlJBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOwlNG PERSON:
NicME: Amy L. Coryer-Host. Esquire
ADDRESS: ??S M;;rkpt St _ Sui tp 304, PO Box 1245
Harrisburq, PA 17108
TELEPHONE: (717) 233-6633
, SlJ1'REME COl.JRT ill # 82718
AITOR,,'EYFOR: East Pennsboro School District
BY THE conu:
Prothonotary) Civil Division
Date:
Seal or the COlli-r
Deputy
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W, Scott Henning. Esquire
Handler. Henning & Rosenberg, LLP
1300 Lingiestown Road
Harrisburg. PA 17110
717-238-2000
717-233-3029 - (ax
Henninq@HHRlaw.com
Attorney for Plaintiffs
LAUREN RICHEY, a minor, by
and through her parent, CYNTHIA
NOVOSEL, and CYNTHIA NOVOSEL
in her own right,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 2005-00230
EASTPENNSBOROSCHOOL
DISTRICT,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PETITION FOR APPROVAL OF
MINOR'S COMPROMISEISETTLEMENT
Pursuant to Pennsylvania Rule of Civil Procedure No. 2039, Cynthia Novosel, legal
guardian of minor, Lauren Richey, by and through their attorney, W. Scott Henning, Esq"
HANDLER, HENNING & ROSENBERG, LLP petition this Honorable Court to enter an Order
permitting settlement and compromise of this action and, in support, aver:
1. Petitioner, Cynthia Novosel, is the natural parent and guardian of minor, Lauren
Richey, currently age eleven (11) years old, whose date of birth is August 13, 1994.
2. Plaintiff resides with the minor child at 319 Third Street, Apt. 5, Enola,
Cumberland County, Pennsylvania 17025.
3. Defendant, East Pennsboro School District is a duly existing governmental entity
and a public school district within the Commonwealth of Pennsylvania with administrative
offices located at 890 Valley Road, Enola, Cumberland County, Pennsylvania 17025.
4. On or about April 20, 2004, Lauren Richey was caused to step and fall harshly
into a hole approximately ten inches in diameter that existed in the road/driveway of the
premises of West Creek Hills Elementary School - 400 Erford Road, Camp Hill, Cumberland
County, Pennsylvania.
5. As a result of the injuries, Lauren was treated by Orthopedic Institute of
Pennsylvania and Darowish & McCoy Associates, P.C. for a fracture of her right heel, as well
as abrasions and contusions to her face, elbows & knees. Attached hereto and incorporated
herein as Exhibit A are the medical records and billing statements from Orthopedic Institute
of Pennsylvania and Tristan Associates. The last date of treatment was 612104. No future
treatment is scheduled or anticipated.
6. Petitioner has pursued a claim to seek compensation for Lauren's injuries
asserting negligence on the part of the Respondent thereby causing the injuries suffered by
Lauren Richey. Respondent has offered the Petitioner a settlement in the amount of
$3,500.00. The settlement monies would be distributed as follows:
a. payment of fees in the amount of $875.00 (25% contingency fee) from the
funds due the minor (Fee Agreement attached as Exhibit B)
b. payment of costs in the amount of $367.83 from the funds due the minor
(Billing Summary attached as Exhibit C)
.
.
c. net funds in the amount of $2,257.17 from the lump sum payment into an
interest bearing, federally insured savings account or certificate of deposit with
Petitioner, Cynthia Novosel named as guardian for the benefit of Lauren
Richey, minor. The account is to be marked "Not to be withdrawn until minor
Petitioner reaches her majority or without the Court Order of a Court of
competent jurisdiction".
7. Petitioner proposes to accept the settlement proposal from Respondent and
thereby release Respondent from any all claims, suits, and other actions pursuant to the
injuries in the present case.
8. Petitioner believes thatthis Compromise is in the best interests of minor, Lauren
Richey.
WHEREFORE, Petitioner requests this Honorable Court to:
a. Approve the Compromise above-stated;
b. Authorize the payment of fees in the amount of $875.00 payable to Handler,
Henning & Rosenberg, LLP from the funds due the minor;
c. Authorize the payment of costs in the amount of $367.83 payable to Handler,
Henning & Rosenberg, LLP from the funds due the minor;
d. Authorize the net funds in the amountof$2,257.17 from the lump sum payment
into an interest bearing, federally insured savings account or certificate of
deposit with Petitioner, Cynthia Novosel named as guardian for the benefit of
Lauren Richey, minor. The account is to be marked "Not to be withdrawn until
3
.
.
minor Petitioner reaches her majority or without the Court Order of a Court of
competent jurisdiction".
Respectfully Submitted,
HANDLER, HEN G & ROSENBERG, LLP
Attorneys for Petiti er Cynthia Novosel on behalf
of minor child, La ren Richey
4
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing document are
based upon information which has been furnished to counsel by me and information which
has been gathered by counsel in the preparation of this lawsuit. The language of the
document is of counsel and not my own. I have read the document and to the extent that
it is based upon information which I have given to counsel, it is true and correct to the best
of my knowledge, information and belief. To the extent that the contents of the document
are that of counsel, I have relied upon my counsel in making this Verification. The
undersigned also understands that the statements made therein are made subject to the
penalties of 18 Pa, C.S. Section 4904, relating to unsworn falsification to authorities.
,
~A,~/n /"'P?.FH ~oQ ./
Cynt la Novosel
Date: /(),J'I~ 4
Darowish and McCoy Associates, ~.c.
287 Sout~ Arlingtcn AvenUE
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Name: RICHEY, LAUREN
BIRTH HISTORY: WT f>IHT /till HC;;;--
APGARSq',{ BLOOD TYPE~COOMBS
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FANILY HISTORY:
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'TITIS MEDIi'. i lOt:;, 2!Qt:." iJ lao::, :, Ill"
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'~OS?ITALIZATION:
SURGERIES:
..MED.LCAT-IONS:.-_E'louride..:-
LABORATORY:
Bet: date:
result:
:>I'.IQ;; I
U7 I
Tuberculin Test:date
result
VISION:
HEARING:
'h-,) "P-joY
COMMENTS:
I TRISTAN _
DiapolltIc Cutterl
w""",,'. """Iui e""",,
4~ 18 Unim DepOOt Rom
HanilibIrg,PA 11111
(7m~ 2.l840
(888) 4S2-S840
F2X(717)6S2-&1~1
Honheylll'i",
3::-~~Drive
Suite 101
HQ'Uy, PA 17D33
(717) 533.1736
Fax (717) S34-1107
LinRlesto.m OfI~e
:laos O1ci p~ Reed
Suit." 100
~g,PAI71l0
(717)901-6800
Fax ('117) 901-6699
1\fiddlelm'g Diagnostic
e......
'7 Dock Hill Ro:ui
1-tidd.leburg. PA 1 Th4::'
{~iD)g37-6617
Fex(~70)837--6417
3mqud1:mn:i
ValleyilD3lll118
Silva :rlv..u ~Cwer
18 S:!v"er Mom Lme:
L:wisbarg, PA t '7&3'7
(S70) 122.9300
(888) 122,ll4C
Fa.."( (888) ~22.5~41
Wat-Sb.o~ OBke
4349 CJr1W~ PiLe
CmnpHill,-PA 17011
(717),13l.111"
Fa.."( (717) 731.1396
Senica
Hi,)>F;.JdMRl
Open >lRl
Ccmpm.ed Tomography (CT)
PET Imaging
:\'uc1ear Medicine
Ultr~
1>bmnograpb}'
R1lmage <kck~
Bone Dr:nntcmctry
XRay/Flu""""'PY
Minimally .m.'asiv~ Eiopsy
PA.JlE~1JIA*!_Eii
LAUREN RICHEY
A.CCOUhlTNC
532400
SSN
159-76-1355
AT iHE l\EQlJESTCF
MICHELLE ZEAGER DO
. nss ARLINGTON AVE
HARRISBURG PA 17109
DATI: Of' 15JRTI"i
08/13/1994
CA~ CF Si:RVlC;2
0412012004
~G~SEX
09tF
04/20l2004: 0"13650 XRRIGHT CALCA1'iEUS 2+VIEWS
04/20/2004: 070200 XRRIGHT ORBIT COMP 4 V
HISTORY:
Fell this afternoon and injured right heel and face,
RIGHT CALCAt"lEUS
DL>\GNOSIS:
There is slight cortical buclding ofthe PQsrencr as!'Cc: cft.~e calcar:eus
suggesting a nondisplc.ced fracture.
COMMENT: Two views of the right calcaneus were obtained. The lateral film was
unremarkable, On the tangential view though. there is corcical buckling laterally which has the
, appearance ora nondisolaced impaction iIJiur,' BceHer;s ar:.l2ie is nor:TUil. The acbLJes re~Ci::
I is. ~nremarkable, ' ' . - - -
RIGHT ORBIT
DIAGNOSIS:
No fracture.
CO:\1l\>IENTS: Multiple views of the rig.l:1t orbit and zygomatic region demonstrate no
fracture, dislocation, or destructive lesion. There is no fluid in the mlxillarj sinuses.
ELECTRONiCALLY SIGNED
Brian P Bloom MD.
BPB/tg
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Charles Darowieh, D.O.
895 S. Arli:ugton A"".ie:nue
Harriebur~, PA l7109
RE: ~lCEEY, LADP.~~ ~.
Jear Dr. Darc~ie~:
I h~d the pleaaure 0: sae~ng LA~~K M. RI~EY ~~ th6 7ri~~le R=~d Sf=ic~ C~
Apr~l 21, 2C04 ==r ~val~~icn ~_ her righ~ ~=nc~s~laced c31caneus :~~c~~~e,
:!! STORY OF
iJElaing her
apparently
property,
COl-jPLA.:l'-I""T; :a.urer:.:...:! a YO'!..l.r:g lady wtc is nine yeCi.r3 of as-oS. _ 3.~,
for Char16B ~r=w~sn, D,O, :~~ ~ ris~t calcan~Us frac~4~e. S~G
r.ac a mishap at scr.oo2 when ana =ell ~~tc a hels en t~e ~ch~cl
Thi.s ;;:ccu=red or: 4./2::1/200';.
:<.EVIEW OF SYSTEMS:
Revie'/I 0::: 6Y'6~;z,r,E,
1iea.:.ca::'
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;.r.d'~ecc'::.ai -E::'-8-~-6~:,~ r.a.va -been racc::-~ed ar:c. reviewed.
PRY'S I CAL EY...AM;
'she has eeve:;,-a: b=l.:...:see a:lc ab::::-i:'.sions ,:'1.1. Qf whic:.: ~ te:!.ie'Je
'Jiill ~eal q'.:.:.=J~ly ar.c. u:lsvsn~:fully,
She ie neurovaeculc:.::-ly .l:=l::ac'S.
~IAGNOS~IC T~STS: ~~ x~ray of her heel was taken due to ~aiL
t.onc_e.arnweight. or: chis .area. There is no ec::h-;l1ncsia cr edema.
___~xquieitely ~~~~er to ccmpr~e6:'or. en the neel. kJ x-ray =n the
a ncndiaplaeed cal.c3.neue :ract.ure. She is skeletall.y ::m!':'.at:.::.~e..
and .::::ability
Sl:e is
X; view shewe
Th-:. :!..'?t.;~0':.1
view is unr6m~rkable.
DI_~NCSIS; Nor-displaced calcanaue fractur~, risht heel.
PLA1\1,
! haVE; placed
weeks f~r c:aet
her :.n a s~c::-t leg wa:king capt.
I will
ae., hal" back in
::hrsQ
eff x-~ay and clin~cal ~am a~~hat c:.me.
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RE, RICHEY, LAUREN N,
?AGE 2
April :t: B, 2C04
Thank you for allowing me to ehare
WWDimjl:
Dictated but ~ct read - faxed.
~: ";/:1/2DC4:
T: 4/:28/2)C';
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f "'~Ci
o
t.he care 0= thiS! pacier.t..
Eest rQg:arda,
Will:....m w. DaMu:.::., ~LD.
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ORTHOPEDIC INSTITUTE OF PE~~SYLVANIA
Patier:t:
DOB:
C\('\~~
La:..:rer: ~
08/13/9"
N~ '('Or,., 1 (717.1 761-5530
\ (tJ ......~"'-'\
Richey
SSN: COO 00 0000
Charc #: 23CSQ;CE
Page :# 1
------------------------------------------------------------------------ ------
S/.J.2/.2.1l040 WJ:LLJ:l\M W, Dlil4\l'nl, N,P.
OJ'i'ICli VJ:SIT
TiihdleRoad Office
CHIEF COMPLAINT: Nondieplaced calcar.eue fracture, rigtt.
}!~STOR'Y'-__oFCCMPLAI-~""!': The patient ret.urns :.cday and ie dcir'_S wel:...
REVIEW OF SYSTEMS: The patient'e review cf 6~reteme, paet medical ~~stc~J
family history{ anc. social his:.cry havs be-en rc;-~valu~t6Ci ar.d raviawed,
Pff':!src~ EXAJvI: S~-l6 has ~;:.e.ol1.....~e:'y nc pair: in her hsoel. Ank.:',: aligr.men:. B:-.:.d
skin is ex=ellent.
C=AGNOSTIC ~3S~S~
fract.ure.
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D:AGNOSIS: Ncndisplaceci cal=a~eu9 fra=~ure, ~~g~~>
PLAN: 3h~ may wear. herself from chs crutches.
basis ejould she have dif:icul~y.
I wi:':
s =s r:E!r O~ a !.=
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RICHEY, Lauren
Dc1B 8~13-94
April 27
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RECOMMENDATIONS ...(/).~,/L/~.. . ...r.i'./I.,{/::.~/.
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. Ar:LERGTES~.~
'DOlL......
PHARMAGY:
~) CB
MZ
:V1U
~my
tviK...
...J. .
.. AM/PM
f ~~~,,{~ :e4Q,v(wQf~ ""
DIARRHEA: # ........................ Color ,................, Consistency ......:c........,......
VOMITING: #. ... Proj, Non-proj. Amount .....
URINATION: Good Decre"sed..
COLD: runny nose stuffy nose Cough: dr):fbarky
TEMP: "'........... R ....,........ AX ,.
Cu'
. . A...!.n , C
f i. I l. '--
1JOJCSe..l
PHONE: H- . ,
d3d. -
f9 ~n' "
, c (0)
...'~..-..i./i..1.9
~\,
Length of symptom..
Length of symptom..
E/D: Good Decreased.
hoarse loose/phlemy com,tant occasIonal
ACTIVITY: Normal Alert Playful Fussy
j
i"-
lviISCihiJ(Yi""~";",:T(;o,:("(K""::.J:.;; 'i/]LJ iviEDS1bHulHc '() ("
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_..\ , , MAIN OFF1CE
,:;1 ~6 eN b 1300 LingJestDwn Roar:::
:--t2rrisburs;, Pi' 17110
? i 7 -238-20CO
1,800,422-2224
717,233,3029 (fax)
-:::9
--,';j\JC;"SiE~ OFFiC:=
717-431-4000
ATTORNEYS AT LAW
Leslie B. Handler. Retired
w. Scott Henning
David H Rosenberg (PA. FLl
Carolyn M. Mner (PA. NY, RN)
Matthew S. Crosby (PA. NJ)
Gregory M. Feather iF!\. NJ)
Stepnen G. Held
Jason C.lmJer
May 18, 2004
Mi\~2 e i'1\Jd
CARLISLE OFFICE
717-241-2244
R.:.l,,;.:;.l v Co,""
www.I-iHRLaw.com
Henning@HHRLaw.com
Orthopedic Institute of Pennsylvania
875 Poplar Church Road
CampHill,PA 17011
Re:
Our CiienUYour Patient
Date of Incident
Patient Date of Birth
: Lauren Richey
: 4/20/2004
" 311311994
:'82i Sir/Madam:
This office has been retained to represent the above Individual rerative ts :n!l1r'e~ S'JS;2Ins:
as the result of an incident, for which injuries I understand you have been renaerrng !realmSn ,.
Please provide us with records concerning this incident onl'! at thi~ time
i am enclosing a properly executed medical release authorizalion ane WOUiO respectfully
request that you forward to this office at your earliest convenience. copies of all of your office
records regarding your care of the patient, as well as a complete billing history. We Would
appreciate it if you would provide one-sided copies only, You may release information to your
patient's insurance carrier for billing purposes only. If any further treatment is required. please
send copies of further bills to this office. If you are submitting these bills for payment to an
insurance company, please provide this office with copies of the bills you submit.
PLEASE DO NOT RELEASE ANY INFORMATION REGARDING THE ABOVE
CAPTIONED MATTER TO ANYONE OTHER THAN A REPRESENTATIVE OF THIS OFFICE.
Please biil this office for any charges incurred as a result of supplying the above
information. Please contact me with any questions or comments.
Thank you for your anticipated cooperation in this matter.
WSH/bsv
Enclosure
cc: Cynthia Novosel
Very truly yours,
HANOtkR, ~~G &'ROSE""'~~,~ p,y
l?~-:;/- ~p, ,'"'~
W, Scott'He.oJ'lf'ng /
C~ ~~:;-:~ ~;:~. >N~'s
ORTHOrLDIC INSTITUTE OF ?ENNSYLVJ..._. LA
.
(717; 76J..-553!J
Patient, Lauren M. Richey
DOB, 08/13/94 SSN, 000 00 oooe
Chart #, 23064606
:?age # :2
~~--------------------------------------------_._------------------
5/12/2004
OFFICE VISIT
fracture.
WILLIAM W. DEMUTH, M.D.
-'::::~T7=!'~UEL-
DIAGNOSIS: Noncisplaced c~lcaneus fracture, rlght.
PL..i\N :
She
mc.!'
wean
herself :Erem
the
c:::-utches.
.,vill
see
her
en 2.
:::- . ~- .
baSlS snou~d she have dl::ic~l=y.
WWD / dn,:
C!"_arles Darowish, !.). n. "Il3. :ax
RADIOLOGY RESULTS
"' _"',n_'
, - '. ~ ' -
-:::.=-:.=.
~'.1~-;::;J"7:::::::::- ~','
__ _ H~~__ .__
:::O~('.T-::-
-,...,--,.....
.
ORTH00~DIC INSTITUTE OF ~E~mSYLV&."A
(717) 761-5530
Patient:
:JOB:
Lauren M.
08/13/94
Richey
SSN:
000 00
0000
=har-c ::
-:-age
:23064606
--------~---------------------------------------------
4/21/2004
OFFICE VISIT
T~indle Road Office
WILLIAM W. DEMUTH. M.D.
CHIEF CONP!.JI.INT:
Right nondisplaced calcaneus frac~u~e.
HISTORY OF COMPLAINT: Lauren is a young lacy who 18 :H:1e '1'20.:'-:; cf 2.'::2. ,:::.cn
seeing !le~ fer::," Charles Daro':lis.r~, IJ. O. :::::'-3. r:"S~-:L C3.2.:__~::-~eus fr:3.cture. 5r-_'2
appareni.:ly had a mishap at school whe~ she fell int::; a Dole C~ the s=hccl
;roperty. This occurred cn _ 20/20C~.
?,E'1:!: E~'J
: "~
S-!STEr'!S:
Re~li e'd
sys:ems, ~ast ~ed~=al =~____
a~d scc~al history ~ave been rec~rded 2~C re~ienec
~:-:-[5I c-:..=- EX...~u'{I:
S~e
. - -, -
nas severa~ ~r~lses a=c
~~V"_,~__~_
.. - -, ,-
---- ~-- -'----,
-:Iil::" he~:l c;"U.:.ckly 2.r-lG :lEe;e~:=',l:::'ly.
2~e :.s ne~~c~asc~_~~::"~- ~~=2C:
==~G~CS~=C ~~s~s:
.-. ~ ~ -"
~ - '- - -- . -- ~
. -, .-
-,~-~ -- -
::.:=: ;::e2.::
"~'---- -~
.~-"~._'.- '-~-
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----- ~- --~..
~xc;u~sl=ely tesde~ co c8m~resslc~
, , .
~---, -,.--."'- '~c=
~__ ,_.._ h~~'_,
- -~--- '~-, -~
., -__,;.. ___ _u_
-. '. - -
~c~~~~~~ace8 ca~cane~s
,;: ~~'" ,...,-, .....-::;.
-- ,., - - '-- .-'
=~~ ~5 ~~e_e=~__.
'1::"21:'; lS -..:.nr'.::markable.
:. ::_~G~'JGS::: ~ :
.. . -
~,--- - -~' - ._~--
~\;Vl=L..-'--""::---'-c,;;:.'_;::'~
~--,_. .-
- -.~.-
--~---~-~-~--
-~--, ~_.,....- ~
- - ,,- - ~ -- ::: ,
PLAl'J:
Lave cIaced her
cj,ree 1-'leeks
:cr ca:=t
,...,.;:.;:
'-'L.....
- - ..
lc_ 3_ S.:l.OC:: .L es '.\l2..l..':':~=--l~=2S:_
z:-r2~.i 2':-:'= -::l:":::::"-::22. exarr. ~:
".\1.__ _
::..me.
',.r....JD / mj h
Le'.:ter ':::::: C~arles Darowish, .0.
WWD LET'l'ER
(Ref) D..2-_?OWISH
5/12/2004
OFFICE VISIT
TrincIe ~cad Of:ice
D.O. CHARLES
WILLIAM W. DEMUTH. M.D.
erE ~F C:::..l?:......:.~n.JT:
Nondisplaced calcane'..:s t:::-actu:::-e, _ -'-'-<.~'~ .
HISTORY 2F CCMP~.IN~:
The patient ret:.1rns t.ad:::.y and lS dOlr.s '.ve1::_.
~EVIZW :? SYSTEMS: The patlenc's reVle~ at sys:ems, ~a~~ med:~al h~2==ry,
family :-~-=-st.ory, and social hlstory have been re-e~.ia':'t:a:.ed ar:d ~:'e~liewe::.:.
?HYS:C~~ 2~~M: See has absclute~y EO pa-=-~ lD her heel.
skin is ~:(celler:t.
~~lk~e allsn~e~t. and
DIAGNCS~:C TESTS:
.Z'I.P and lateral radiographs shew stable PCS-=-::len e: :':"le
-------------------------------------------------------.-----------------------
04/21/2004 08:55 FAX
~ TRI'iDLE
:Jal~ 4./-,;;))- 04 TimeJOJ./S:.~r ~r(UJ+t\
Q\CNU, L (llJ .r~.n
LasI \j ....1t'3t
51 q ~l..i ~
~:::::~~:- ~.!..:::!..: !'~~:=
f' nQ leA. fA
L~ ~~
14' 001
Patient Name
Chan i:- --';')30 GZI (;;
rn
~,1l
Address
:A- P 1- ':;,
\0~ll
) IOdS
':";:1 LGOC
'---1 '10 1..-,. (")
Phone I O(O~ .)( C~I
Horne
SS0f
WarK
DOB '6-13-Q1...j
E I I' ~
mp oyer _1..-
".
i\ge "-"!
Ma.rital Status
1='
I
Sex
OccupaTion
.:-it.n:=t
;..,it:,
:..fomer
(\ \,-
, .1" (I
I ..\ \('(\, /v\ (.,\
'1
f" ", I' 0 I
'-1,;<1:1"-1.: \
~'
".1,1
DOE
C ...., "r:.._--.,
i _ - / '-~ ~ J
^'! ,...., I
!~"'J'\, " _"(
Employer
? ather
~.r"'-,:::;.
'/'-0t:" ::;';'
.:::mplcY2~
~ pouse
.JO"
.y<::':c:: ::-;c
'::::D.ploye~
Child (School)
vv~
--- .
L-r-uJ.-
~
Responsible Party if cr..ild
.~.1temate/Otb.er ConlEei:
M /2,
-: ~ )
~
';0.7
D
-:..:::: '~2~::
'-~-
~-
"
NO
-
"'tiorl<. R~l2.:ej T\le: r-,
~'
-'
Injury W -::, Dor ~ -~O-O'-!sports ..\mo
Accident B=iotion rYrl/l<-1 S+S- Lcuue.... j w Cl...d___
u2;;.i..M..L CrJ' h..u P lA ~ ~ M Q....; f..-r...6...
-
rUWL'f f""" a
---J
Date Symptoms first appeared if not injili....y
L'lS1JRAJ."'CE
n \
I ' "..., -.-rJ ,,.-...,.,
\ -,LA ,I C..v...A_-GU'
o
Se::::rrc2.l'"'"
j\./;'J:w..O
Primary
."_ddress
Address
Group #
PoEcy;;
Group #-
sqq 3~
L r:l M/LLA j
~ ~ ~
d- ___?
Policy #-
Subscriber~5 Na..'Tle
Sub5criber's Name
Address
Address
Q. ,~...o,,-
Family Dr.
A.ddr~ss
s~
Referring Dr.
Address
Send ietter to:
~u
#-: q,;..----
..."j,h\
Fd.iTilly Dr.
i. j
'-,
I
Referring Dr.
v-
I
~~s ~-\
--Iv
Neither
r./!<tA".... /' (.V
--;
y
~
-
~
'i,
>-=--
:'1\
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)
,/
tJ f~ }?r!J Vu~t Dc-
'::j~
, rK-
.
HEALTH HISTORY
:;c::'..t~
The follo\ving is veI)' imponant to us in taking care of your health. Please take rime to complelely mG aC:ili::llelY fiil ou~_. 1- :) i-'.J(l>~'
all ofthis information. Please also make sure you update this information as changes Deem, ') -I'; _::; '" ""
Patient's Name
La..L.l...(,p ir) M. ;q
I ("t
1\1:edications You Are Taking
(Also list herbal supplements and vitamins)
.Medication Name Amount Freauencv
~
-
_~eyoutak:ingdie[med.:icarion'? ;-Jo_ ~{cs~
Allergies (Drugs and Other Allergies)
Penicillin
Local Anesthetic
/"
No 4c-reaction
No LYes_-reac+.ion
I~~'ylocaine, nOVQc::une)
Other iUlergies /"'I ~ r:i ~ I' 1/1 p
('(ic1-
,
Hospitalizations II
;~List serious illness and injuries or operations and approximate year.)
I
y'Tear
LOQ
Hosnital
'~~'i\ "
Chart ::-iumber Q- ~ '" \.J
{"eoy
I
Past ~VIedical History
Have you or members of your f~lmily ever been told that ;:my of
you have:
Anemia
Your
You Family
r
,
Describe
A&illna [ ,
Abnormal Bleeding
Blood clots / phlebi,;,
Cancer;' tumo:
"'"".' r,~-,""h,'.~
-'-'~"-"""'~'-"
Drug abuse
.5czema / pSCD2.:;;1.2
_ i Ej}iJ.epsy / seimres
// i ~e~""1 CC:lcriCT!.
High or low blood pressur~
Liver disease / hepatitis i
yellow jaundice
Kidney / bladder problems
Lung disease
Prostate problems
Stroke
Thyroid disease
Tuberculosis
mcer in stomach /
duodenum
Osteoporosis
,-illhriris
Other bone / joint disease
~-ill.y nervous system disease
x,
)<!
L J
J [ J
[ ] l1i
] f><f
[ J [J
[ ] [ ]
[ J [ J
[ ] M
[ ] [ ]
[ J
Height
J-j I 9f, kit
ll\r_;gk>
IIvel ilL
</ /..J..,s_
ne.-~,..,
Social History
Do you smoke?
JO vou drink alcohol?
Do you use SIIeet drugs?
'-iO-'T-~_ /UIlOun!
'-io~Yes_ /unount
'-io~Yes_ ~tunoun!
Continued on back of page..
, .
~ , ,
:.Ju.nng ITIe past yea:r. n.a..;:; TOU nac:
1 heartburn or indigestion? ,
2 bowel movements that were bloody or t~LY?.....
"' a."l}Y recent change in your bowel habits?.........
4 frequent urination during me..d.ly or night?....
5
any recent loss of conrrol of your bladder?
burning with urination?......,......,...............
difficulty starting your ll...~atioll? .............
. . " ')
exceSSIve unnanon, ..
6
~
8
9 excessive thirst? ..
:nc!t!le:s ::'r:r.::.c .::.: ':.-:~~..........~_...
" -'- clrromc cough?....
chest DaID ,vim activltv'
23 racing heart or palpitations "...
"-c-,_ _,".~ -,->._"r ~-_ ~.....-,..o...'
- -"._,\_'-'..L............~.....__0.l. ~......:;.
15 frequent headaches"..
16 difficultyhearing?_
17 denL'll or other moum prooiems'7.. ."'."""
IS frequent nose bleeds?..............,..,.......,......
__.~19_._e:lS)T_bruising?. .....____.... .... ____. .__ u ..... ^ +...~_+.. h _.. _._....... _... ..._ __.____.......... .. _. ,'....
20 skinrashes?..
21 aching muscles or joints?
- .."..
22 swollenjointsL...........
23 cold hands / feet?.....
24 gangrene:..
25 loss or consciousness:.....
rece:lt m.!....T11oness in anTIS or legs:.
26
27
'Ts-
chromc fatigue?
uncontrollecClileedllg 1."
29 weight loss?.... ."'.,"""'"
30 weight gain?.
31 heat / cold intolerance?.....
The above information is true and correct to the best of'D' !'pli,('f
~~o_~ \,-~s~
,"0__ ~~'es______
No 1'~es
No=_ Yes ..,/ -S'f)iMe.:i-'I' VI1-~
,"0 ~yes______
t,;o '{c5
:'~c
_'c-=~-"
~'-~./~~ ~-~-_.-
..-"""'-".-
~-~
No~J ~\:r".~
2~o ~::::J/-~~-"~
/"
No ,/Yes
No '0"
~~. -': ~::~A,I! era i e..s
~ .1-._,.... U
- ..-:-- "T n j y\ I'...
1'10__ Y:s~ V-~, <A:.nc1
~o ~;/,.'i-eS ______ h E.e ~ b () v1 ~
No Yes
No~?:,Yes=
,"o~0es "
,"0 -~~f:=:6:5+) ct. V'l.cLc-,1j m~
N,,-~~=--::c-~ bV\~ f V1 /kj
"o~_ Yes~
/
No~0;~
"o~~_
"io~_ Yes_
.
VISl1, ~N
ORTHOPEDIC INSTITUTE OF PENNSYLVANiA.
375 ?OPLAR CHURCH ROAD, CA...'v\P HIL~, ?,\ : -':: 't 1
~9:S TRlNDLE ROAD, CAMP HILL.::'A \~(]l ~
'~~:() ?OP~;\_?, CHL'RC:-I RO.-\D, SUITe lOS, c.,\,\;p r.~~_:...
..:.~.~, ?O\VERS .\'''-::::.. :L\;Z.F~SDLRC-.?\ :-:
~: :iCS::j-jcA~TI)131VE. ST~ :Dl,:-:E?,S:-!.E':',::
TELEPHONE: 761-5530
~ :~",o," ,/-/,_." /~ ~',
~/-r,-../-2-.d..i./ "' - _"_;,,'::_
PATIENT'S NAME
~
,-<'
The above patient was seen in our cliice en
~ The above patient is uncer my care and may .retur~,
to work /~on J / 2.;2. ,(,.':U
-------
Limitations:
C7'"
/', -.
~ ~
-;-;12 2Dove pa(lem IS presentlY retellY C~S2C'i2-:::.
The 2ccve S2!ie"". :~ '~-:'?: ~ '-'=--,.'~. ~~;'!'~:\:.',' /. i.
/)0-:;1.../.".
r/l//, _ _.i
,':..../:'Ir,T;i;;"" ~,~,_~;_J
~ .
JUL 15, 2004
## TRN-DATE
1 04/20/04
2 04/20/04
3 05/18/04
4 05/18/04
S 05/18/04
2ND OF LIST
TRISTAN ASSOCIATES
4518 UNION DEPOSIT ROAD
HARRISBURG,PA 17111
FEDERAL ID#: 231718571 PHONE#: :717)652-6105
DOCTOR: BLOOM MD, BRIAN P.
REF. DOCTOR: ZEAGER DO, MICHELLE
532400
RICHEY, LAUREN
319 3RD STREET
APT 5
ENOLA, PA 17025
CPT/CD DESCRIPTION
73650 XR CALCANEUS 2 VIEWS
70200 XR ORBITS COMP 4 V
GATEWAY HEALTH PLAN
GATEWAY HEALTH PLAN
FR 04-20-04 TO 04-2
PATIENT: RICHEY,LAUREN
ICD9/CD
959.7
959.01
AMOUNT
66.00
116.00
-59.40
-122.60
.00
.80
"'! .'4.1.:... -.
.
::,lut'
"ATIEW:
,\DDRESS
dlRifEEDATE';:I',' '1,1"-" ..:,-
C~;:'~,_. ..
HOME PHONE
GROUP NO.
POLICY NO.
,-.._c~ ,
, 'I:~' ,;~:
,-,: ".:,~'
(INSURANCE 1F
: .:~.
,1M:::
') _,f.'",l-i
WORK PHONE
,-'I-'j;I-.,
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~':DH },-;ST";'l T!': OF PE~,\'SYLY\:\L\
";17':" ~
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C!l' .':Tri:~rl
\'IN''!-\C:'''E
NO PREFERENC' Fr\:'.I!LY PIIYSIClA\f
FIRST CONSULT DATE
~ ......
".DEPT.
. '(INSURANCE 2)
::GROUP]\IO.
POLICY NO.
SLIP. NO.
~'"
--..,
.' :.,;.::' ;
;i\G'i~Osis:/
.."- ./
NEW PATIENT
i~C
'92;';;j---
EST. PATIENT _J
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OFFICE CONSULT
1S2..\<
902"'2
~992'::3
9924..\
G9:::..\S
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25
C:AFP!~L TL+r';EL 1i',jJECTiON
'-C'JDer! S:--<E,;:H L;GAf,/1F:~'JT
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2ND OPINION
99': ~'1
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<:::2;
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INJECTIONS
20526
\
I
I -
110
:::0550
:: 055 ~
::c-~~2
~,:60C'
.2L16C'S
CASTS & SPLINTS
Ci\..ST-S
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SP!..iNTS
._:!9IC~ :"CM2 ;";::'::,;1
29125 SHORT,~RI,1l
'2':;505 '-O'!G L~':;;
20:: 1 5 SHC~T L::G
SUPPLIES
?lASTtR CASTS
S'(UTHETIC C"STS
__>,:3 _.';C::,
;~'::~; _,-,,,,OJ
?USTER S?L:NTS
S..\S? _:';SP
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FOSAMAX 10 MGS
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RETURN APPOINTMENT
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I WORK RESTRICTIONS I TESTS I.GIll5ERS,
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CONTINGENT FEE AGREEMENT
'irVOSeJ ~
KNOW ALL MEN BYlJi~~iE.?FESENTS, that I, CYNTHIA" voceL, parent and
guardian of LAUREN ~,~ereby retain HANDLER, HENNING &
ROSENBERG, LLP, of Harrisburg, Pennsylvania, as my attorneys in this matter to
represent me and to process, negotiate, arbitrate a settlement or to institute for me in my
name, any legal proceedings or actions that, in their judgment are necessary, against,
CPARC, or against anyone else as a result of injuries or damages sustained by EAST
PENNSBORO SCHOOL DISTRICTlWEST CREEK HILLS ELEMENTARY, in an incident
that occurred on or about April 20, 2004.
I agree not to settle, negotiate or adjust the above claim or any proceedings based
thereon without the written consent of my said attorneys.
In consideration of the services so to be rendered by Handler, Henning & Rosenberg,
I hereby covenant, promise and agree to pay them fortheir professional services rendered,
THIRTY-THREE AND ONE-THIRD PERCENT (33 %%) of whatever sum is recovered as
a result of settlement without lawsuit; or FORTY PERCENT (40%) of whatever sum is
recovered after lawsuit is filed or in the event of arbitration or mediation. I will reimburse
Handler, Henning & Rosenberg for any necessary expenses advanced on my behalf in
pursuing my claim. Examples of typical expenses include Court filing fees, investigation,
auto mileage, photocopies, court reporters, medical records, expert witness fees, etc. If
no money is obtained, client will not owe a legal fee or expenses. I also agree to take
possession of my medical files at the conclusion of this case. My failure to take
possession of these files within 60 days after the conclusion of the case will authorize my
lawyers to destroy said files.
I agree that HANDLER, HENNING & ROSENBERG, LLP may associate additional
lawyers to assist with this case and I agree to the sharing of fees between lawyers. I
understand the terms herein apply to other lawyers associated on this case. I understand
that the association of other lawyers does not increase the amount of the attorney fees at
the conclusion of the case.
Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they
deem proper.
I acknowledge that I have read, approved and understood the above Contingent Fee
Agreement and I acknowledge having received a copy of the same. The terms set forth
herein are accepted.
, . ~
",P N<< ~ J /l ./ '7(J'H. j
CY HIA NOVQ6EL,~t and guardian of ,AI 0 voseJ
LAUREN ~\'OCEL (!...~ ~
:ll t c...J" €.-y
-..' .. ..
~ndler ,
enningrr
-.l osenberg,LLP
ATTORNEYS AT LAW
1300 Linglestown Road, Harrisburg, PA 17110
Client No: 209414
Matter: 00000
Attorney: WSH
PL
Pre-Bill No: 16275
Biil Date: October 05, 2005
Lauren Richey
c/o Cynthia Novosel
319 3rd Street Apt 5
Enola, PA 17025
INVOICE
PAYMENT DUE UPON RECEIPT
EXPENSES
06/03/2004 Vendor CHART ONE INC.; General Case Expense- 26.98
1111111~~!H1lllllml!illl~~!lMlllllllllmmlllllllllllllllllImm;iilllllllllllllllllllllmi!lllllllli!llllllllllll!~~ft.1!illllllllllllllllllllll!!lllllmlllllllllllilmllllilllllIlllmilllllllllllllilllWillliilllllillllllillllillllillilllllllllilllIWllllliIIllllllllmmillmlW
08/23/2004 Photography Costs 21.00
1IIIIIIII!ml~mril!IIIIIIIIIIIIIII~~~~"1111111111111111111111111'1.:Illllilllllllllmmmmilllillmllllllllllllllllllllllll1II\lImmg~lllllllllllllllllil!lllllllllliIIllllllllillllllll11111111111111:lllllllilllm1llllllillillilllmmlmmillllllllll!111i11llllllmmllllmllillmlilljlillll
09/14/2004 Book Binding Costs 2,00
Ilililllm!!\I!llIIII!illllllllilllllllll!~~~iiMlgl!!ililllill1lllllllllllllllllllilllillllillllllll1lllillllillillillllll1IIIIIIIIIIIIIIIIIIIIIIIIIIIIlm~~lillllillllllllllliilllilllill1IIIIillmliillllllilllllillllllllllllllillillillllllllilllll111llllillllmmillilllllillmllmillmmmOOillllll!lIl1llilllil
01/06/2005 Vendor PROTH OF CUMBERLAND CO; General Case Expense 55.50
iiiiiii~~~!H1llllllllllilll!:!il!~~_!l~lllllillllllr!iiliIllillllllillllllllliliililillmlmllilllllllllllllillllllllIIlilllll~~~.lllliillllllllllllllmlliillllllmmlilllilllilllmlll1IIIIilllilimlilml~lmllilllllllllmllllmllllillllillml.llm!l111111IlliIIlllml
01/0612005 Vendor SHERIFF OF CUMBERLAND CO; General Case Expense 100,00
1IIIIIII.$~llllllllllilllillli!i~mli~_Wllillllllllllml1IIIIIililillllllllllllllllllllllllllllllllilllillllllllllImmlilml!mm.~il!lllillmilllilllllllllillll!mlllllliimlllllmllllllllllllmllllilllmlllll11llllllllllllllllllllllllllllllmm!llllllmml1IIIIIIIIIIil1111111
01/25/2005 General Case - REFUND CUMBERLAND SHERIFF -60.90
TOTAL EXPENSES
$367.83
Total due this invoice
$367.83
$367.83
TOTAL BALANCE DUE
~ - ~
~ndlClrJ
Clnningrr
I oSClnbClrg,LLP
ATTORNEYS AT LAW
1300 Linglestown Road. Harrisburg, PA
17110
::;Iiem No:
1"1aUer:
20941'-'
00000
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fl.~r
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::)re-Bill :\lc:
~627.:
3ill Date: Octooer 05.2005
Lauren Richey
c/o Cynthia Novosel
319 3rd Street Apt 5
Enola, PA 17025
EXPENSES
06103/2004
CASE
08/23/2004
PHOT
09/14/2004
BIND
01/06/2005
CASE
01106/2005
CASE
01/25/2005
CASE
07/20/2005
CASE
08/17/2005
CASE
10/31/2005
ISI
10/31/2005
POS
10/31/2005
POST
INVOICE
PA,YMHH DUE UPON RECEiP,
Vendor CHART ONE INC.: General Case Ex~ensE-
06/03/2004 $26.98
Photography Costs
08/23/gQQ4:: . ~21.00
Book Binding Costs
09!14/20()4 '~?OO
Vendor PROTH OF CUMBERLAND CO; General Case Expense
01/06/2005 $~8!~0
Vendor SHERIFF OF CUMBERLAND CO; General Case Expense
01/0612005 $100.00
General Case Expense - REFUND CUMBERLAND SHERIFF
01/25/2005 ., <-$60.90
Vendor PROTH OF CUMBERLAND CO; General Case Expense
07/20/2005 ..' $4.00
Vendor SUSAN M SIMON; General Case Expense
08/17/2005 $119.70
Document Reproduction
10/31/2005 $73.80
Postage Costs
10/31/2005 $12.58
Postage Costs
10/31/2005 $13.17
TOTAL EXPENSES
Total due this invoice
TOTAL BALANCE DUE
21,00
2.00
55.50
100.00
-60.90
4.00
119.70
73.80
12.58
13.17
$367.83
$367,83
$367.83
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'RECEIVED
NOV 0 I 2005
BY:fY!V
W. Scott Henning, Esquire
I.D.#32298
Handler, Henning & Rosenberg, LLP
1300 Linglestown Road
Harrisburg, PA 17110
717-238-2000
717-233-3029 - fax
HennlnqailHHRlaw.com
Attorney for Plaintiffs
LAUREN RICHEY, a minor, by
and through her parent, CYNTHIA
NOVOSEL, and CYNTHIA NOVOSEL
in her own right,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 2005-00230
EAST PENNSBORO SCHOOL
DISTRICT,
CIVIL ACTION - LAW
Defendant
ORDER
AND NOW, this ~ay of ~~ , 2005, it is hereby Ordered that a Hearing on
the foregoing Petition for Leave to Compromise Minor's Action shall be held on the ~ 3 ,.,
day of ~, 20~ at J:O() o'clock f .m. in Court Room No. S' at the Cumberland
County Courthouse, Carlisle, Pennsylvania.
IS: I lid '1- AON SOOZ
I ..", ",,,c. '''''''d :J'Hl .10
AtNJ.Ui',IV:-"U.UC. _H :J
38i:!~O~031\:l
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<
.
.
-
W, Scott Henning. Esquire
Handler, Henning & Rosenberg, LLP
1300 Lingleslown Road
Harrisburg. PA 17110
717-238-2000
717-233-3029 - fax
HenninQ@HHRlaw.com
LAUREN RICHEY, a minor, by
and through her parent, CYNTHIA
NOVOSEL, and CYNTHIA NOVOSEL
in her own right,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 2005-00230
EAST PENNSBORO SCHOOL
DISTRICT,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ORDER OF COURT
AND NOW, this J3Q day of /J~
,2005, upon consideration
of the Petition for Approval of Minor's Settlement, it is hereby ordered that the Petitioner is
authorized to enter into a settlement in the gross sum of $3,500.00. Petitioner is authorized
to sign a release and to mark the matter settled, discontinued and ended as to the above
Defendant.
The settlement amount shall be distributed as follows:
TO: W. Scott Henning, attorney at law, $875.00 for counsel fees;
TO: W. Scott Henning, attorney at law, $367.83 for reimbursement of costs;
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TO: Cynthia Novosel, as Guardian of Lauren Richey, a minor, $2,257.17 to be
deposited into a restricted, federally insured account marked "No withdrawals prior to age 18
without prior court approval."
TOTAL AMOUNT OF DISTRIBUTION: $3,500.00
Counsel shall provide to the Court, within ten (10) days from the date of this order proof of
BY
J.
such deposit.
~n 10
, 0 f)L!
~t.-0! }.k~, (At' f'
qiVl-' ~~' r df!'
I', ;)}CJ
-
W. Scott Henning, Esquire
1.0.#32298
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000
Fax: (717) 233-3029
E-mail: Henning@HHRLaw.com
LAUREN RICHEY, a minor, by
and through her parent, CYNTHIA
NOVOSEL, and CYNTHIA NOVOSEL
in her own right,
Plaintiffs
v.
EAST PENNSBORO SCHOOL
DISTRICT,
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2005-00230
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Please mark the above captioned matter settled and discontinued.
Date: / -'')7 -~
ROSENBERG, LLP
By
W. Scott Hennin E
Attorney I.D. #32298
1300 Linglestown Road
Harrisburg, PA 17110
(717) 238-2000
ATTORNEY FOR PLAINTIFF
...
W. Scott Henning, Esquire
1.0.#32298
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Telephone: (717) 238-2000
Fax: (717) 233-3029
E-mail: Henning@HHRLaw.com
Attorney for Plaintiffs
LAUREN RICHEY, a minor, by
and through her parent, CYNTHIA
NOVOSEL, and CYNTHIA NOVOSEL
in her own right,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 2005-00230
EAST PENNSBORO SCHOOL
DISTRICT,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
On January 27, 2006, I hereby certify that a true and correct copy of the Praecipe was
served upon the following by depositing in U.S. Mail:
Ms. Amy L Coryer-Host
Lavery Faherty Young & Patterson, P.C.
225 Market Street, Suite 304
P.O. Box 1245
Harrisburg, PA 17108-1245
Respectfully Submitted,
Date: 1/27/06
By:
W. Scott Hen
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