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HomeMy WebLinkAbout89-0224 ,. ;. and ,. arents and ,s of BR, a minor, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .- LAW v. NO.,.):~ + CIVIL 1989 STORES, INC., Defendant JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone Number (717) 240-6100 ~ TERRY L. BEECHER and GLORIA BEECHER, parents and natural guardians of NICOLE R. BEECHER, a minor, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. No. CIVIL 1989 PEOPLES DRUG STORES, INC., Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, come the plaintiffs, Terry L. and Gloria Beecher, by their attorneys, Fowler, Addams, Shughart & Rundle, and make the following complaint: 1. The plaintiffs are Terry L. Beecher and Gloria Beecher, parents and natural guardians of Nicole R. Beecher, a minor born October 26, 1984, residing at R.D. 6, Box 620, Shippensburg, PA. 2. The defendant is Peoples Drug Stores, Inc., a corporation doing business in the Commonwealth of Pennsylvania, having a regular place of business at 59 East King Street, Shippensburg, Cumberland County, Pennsylvania. 3. During the early part of 1987, the minor plaintiff suffered from hypothyroidism for which she was to receive a daily dosage of .025 mg of Synthroid. 4. In March of 1987, the prescription for .025 mg Synthroid was presented to the defendant's drug store in Shippensburg, but the pharmacist, who was an agent, servant and employee of defendant, negligently and carelessly filled the prescription with tablets containing .125 mg Synthroid. cr c~ - 14. The plaintiffs have experienced considerable mental anguish and inconvenience as a result of their daughter's injury. WHEREFORE, the plaintiff's demand damages against the defendant for an amount in excess of $10,000.00, plus interest and costs of suit. FOWLER, ADDAMS, SHUGHART & RUNDLE By: ,p5t'/Ce' ~ " ..-,.-<~/;:> ./ "<.---7r/'~:" - ../ //C? . C' ,e')'-''':;" .c'bL:~ Willian( A. Addams 28 South pitt Street P.O. Box 208 Carlisle, PA 17013 (717) 249-8300 Attorneys for Plaintiffs ~ ~ - . VERIFICATION Terry L. Beecher and Gloria Beecher hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of their knowledge, information and belief, and understand that false statements herein are made subject to the penalties of 18 Fa. C. S. ~4904 relating to unsworn falsifications. _-r-- \~~~ \ -t ~~_O-~~~~ - ;;:-. ./'~"t .' . (/ . . S2. ..J t' f.<:':~_'~,,~' "" J ",' ,/. , t' Da ted: 1- / (" -- 0- ::----. \ ~.,>>?'~:' "'< "\, " ~ , -- SHERIFF'S RETURN COMMONWE~~TH OF PENNSYLVANIA COUNTY OF CUMBERLAND In the Court of Common Pleas of Cumberland County, Pennsylvania No. 224 Civil 19B9 Civil Action Law Complaint Terry L. Beecher and Gloria Beecher parents and natural ~uardians of Nicole R. Beecher, a minor VS Peoples Drug Stores, Inc. Michael L. Piper X;~~~or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Civil Action Law Complaint upon Peoples Drug Stores, Inc. , the defendant, at 11: 03 , 1 k A M o C DC _. EST I tM~, on the 18th day of January , 19'3..2-, at 59 East Ling Street, Shippensburg .Cumberland County, (street number) (city or town) Pennsylvania~ by handing to r,r~nn Antnnn Phrlrm~ri~t M~n~gpr a true and attested copy of the Civil Action Law Complaint , and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: 14.00 9.43 //../ -A/" ~,~2':""" ~,:. ';Z ~,;~~, WILLIAM K. BECK, Sheriff 2.00 $ 25.43 pd. by Sworn and subscribed before me atty thi.s c:;J,sL day Ofr 191f- A.D. ~A.---fJr-- IFi'co~:oJ, 1-19-89 by lIuuP rf #r / Deputy Sh riff TERRY L. BEECHER and GLORIA BEECHER, parents and natural guardians of NICOLE R. BEECHER, a minor, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. ,;&2-8 CIVIL 1989 PEOPLES DRUG STORES, INC., Defendant JURY TRIAL DEMANDED AND NOW, this ORDER OF COURT -::. ) 1<..' day of A~{~Z-"",-t:.:.: , 1989, upon consideration of the foregoing petition, a hearing will be held on the or yV, day ofc'c!;.I_,,, , 1989, at j,5'c o'clock v L--.m. in Courtroom No. 7 ....... County Courthouse, Carlisle, Pennsylvania. J. r,Q , ::. I,~ ;'"' " ,j ~ , :," )J'" I. '.' .':1<, 4. In March of 1987, the prescription of .025 mg Synthroid was presented to the defendant's drug store In Shippensburg, but the pharmacist filled the prescription with tablets containing .125 mg Synthroid. 5. As a result of the prescription error, the minor plaintiff became lethargic during the night and was admitted to the Chambers burg Hospital through the emergency room during the early morning hours of March 17, 1987. She was in shock and was placed in restraints resulting in severe abrasions to her ankles and bleeding from her mouth as a result of biting her tongue. After being treated for about eight hours and failing to respond, she was transferred by helicopter to Hershey Medical Center, where she remained until March 23, 1987. 6. A copy of the discharge summaries of the Chambers burg Hospital and Hershey Medical Center are attached. 7. The minor has apparently made a full and complete recovery from the effects of the prescription error, but one of her treating physicians has advised the parents that he cannot rule out the possibility of a future neurological problem. 8. As a result of the illness of their minor daughter, the petitioners have incurred the following medical expense: Chambersburg Hospital - Hershey Medical Center - Hershey Medical Center - Physicians - D. C. Hendrickson, M.D. - Cumberland Valley Family Physicians - Total Medical Expense - $ 3,179.25 5,365.19 702.00 35.00 240.00 $ 9,521.44 9. Your petitioners have been advised that the minor has made a good recovery and are, therefore, with the advice of counsel, william A. Addams, willing to settle and comprom~se this claim on the basis of an immediate cash payment of $40,000, and a structured settlement with payments to be made to Nicole R. Beecher after she has attained her majority as follows: $10,000 at age 22 on October 26, 2006 $15,000 at age 25 on October 26, 2009 $20,000 at age 28 on October 26, 2012 $25,000 at age 31 on October 26, 2015 $45,000 at age 34 on October 26, 2018 10. Your petitioners have entered into an agreement with Fowler, Addams, Shughart & Rundle to represent them in this matter and have agreed upon a fee in the amount of $13,750. In addition, the attorneys have incurred expense totaling $220.75. WHEREFORE, your petitioners respectfully request that the court enter an order approving the foregoing compromise settlement and directing distribution thereof as set forth above, and authorizing them to discontinue the action brought to the above term and number and to execute a good and sufficient release to Peoples Drug Stores, Inc., of any and all claims as a result of the incident referred to above. FOWLER, ADDAMS, SHUGHART & RUNDLE /~/~ /-- ". -'^ . / By: //"~ c;;.?j X~ william A. Addams 28 South pitt Street P.O. Box 208 Carlisle, PA 17013 (717) 249-8300 Attorneys for Plaintiffs ~ .... " . VERIFICATION Terry L. Beecher and Gloria Beecher hereby verify that the facts set forth in the foregoing Petition are true and correct to the best of their knowledge, information and belief, and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~4904 relating to unsworn falsifications. l~ '- ~~ ~3 ~J:>_*,~ ~ .~ k~ /"../ ,", '" ifi-7J.'..... 4.ucliL,,_. Dated: September 21, 1989 I ----, , THE CHAMBERSBURG HOSPIT Al ~f'I'M.useUltG. PENNSYLVANIA. 17201 . . I ,'j 'I., . H., ,:, I ,I "1' 1 . ' '.':' .' BEECHER, Nicole 1314171 Adm. - 3/17/87 Dis. - 3/17/87 Dr. Martzluf (S) DISCHARGE SUMMARY "1' I ! REASON FOR ADMISSION: This 2 year old child was irlmitted for increas ing lethargy after a vomiting and diarrhea episode the night before. .She was admitted with a metabolic acidosis with a decreased bicarbonate level, pH 7.25, white count 23,000, normal lumbar puncture findings, normal CT scan, and a decreased blood sugar to 24 on admisison. It was thought initially that this patient had an exacerbation of a longer standing chronic pyruvate dehydrogenase deficiency resulting in metabolic acidosis. The causative factor at this time was thought to be septicemia of unknown duration or cause. The patient was admitted from the E. R. and pediatric consultation with Dr. Hendrickson was held. She was started on an IV and after repat laboratory work, sodium bicarbonate was added. This was done because of the metabolic acidosis and a pH of 7.25 had been confirmed. At this time also her lumbar puncture studies were performed and wen! normal. However VA could not be obtained immediately and antibiotics were . held until that could be obtained. She became agitated and combative and serum ammonia level was drawn, which was greater than 300. Consultation between Dr. Hendrickson and I resulted in the need to transfer her to the Hershey Medical Center. Dr. Mark widam took 'on responsibility for this. Helicopter transfer was arranged and she was transferred immediately. /" FINAL DIAGNOSIS: 1. Metabolic Acidosis with possible septicemia ~ Rule oute Reye's Syndrome /' DRM/ln j 3/17/87 - D. 3/18/87 -, T. , M.D. , l I UNIVERSITY HOSPITAL " THE MILTON s. HERSHEY MEDICAL CENTER THE PENNSYLVANIA STATE UNIVERSITY P.O. BOX 850 HERSHEY, PENNSYLVANIA 17033 RE: BEECHER, Nicole NARRATIVE SUMMARY PATIENT NUMBER: #294731 DATE OF ADMISSION: 17 March 1987 DISCHARGE'DIAGNOSIS: 1. Thyrotoxicosis. 2. Metabolic acidosis. DATE OF DISCHARGE: 23 March 1987 BRIEF HISTORY: This two and one half year old white female has hypothyroidism and history of multiple hospitalizations for metabolic acidosis, vomiting, and lethargy. She was transferred to Hershey from Chambersburg Hospital for evaluation of her metabolic imbalance. Over the week following admission the patient had a change in appetite eating less meats, vegetables, and dairy products. There was an increase in frequency of loose yellow stools as well. The patient vomited on the evening prior to admission and then on the morning of admission was found babbling in bed with a rectal temperature of 101.5. She was described as lethargic with her eyes "rolling in her head" and half closed at times. The patient was taken to Chambersburg Hospital where she was found to have elevated lactic acid of 4.7, uric acid 9.0, and electrolytes with a C02 13, and glucose 24. BUN was 29, creatinine 1.5, and SGOT 51. The patient was started on I.V. D5 1/2 normal saline with 10 mEq. of K-CL at 60 cc. an hour. Repeat electrolytes four hours later showed a potassium of 5.4, venous pH at that time 7.25, and ammonium 339. With the acidosis, elevated SGOT, and elevated ammonium, there was concern for Reye's syndrome. Spinal tap was also performed which was normal, following which he became acutely agitated with flailing of her arms. She was transferred via Life .Lion.to,Hershey for further evaluation. The patient had been given antibiotics three 'days prior to admission for possible gastroenteritis for three days. No marked fever was noted. Father does take heart medication, however, the parents say there was little to no chance of her obtaining any medicines other than her own. PAST MEDICAL HISTORY: Birth History: She was a term infant, normal spontaneous vaginal delivery, Apgars 9 and 9. Her weight was 8 pounds. She had difficulty feeding with vomiting and was slightly jaundiced. She had multiple hospitalizations beginning in 1/85 at Chambersburg where a diagnosis of viral gastroenteritis, decreased potassium, and dehydration. She was hospitalized again in 3/85 for similar s~nptoms with a diagnosis of hypothyroidism. Studies here showed T4 of 4.2, R-UTBG, normal, index 116, normals 120 to 340, and TSH less than 2. She was transferred during that month to Hershey where her diagnosis included failure to thrive, rule-out bowel obstruction, hypothyroidism, hypotonia, neutropenia, and possible pyruvate dehydrogenase deficiency. Studies there showed normal CAT scan, normal upper GI, ANC initially 172 and then 884, depressed serum bicarbonate with marked increase of serum lactate to 8.1, and pyruvic acid. Amino acid screen at CHOP was normal. Urine metabolic screen was normal. She had a normal sweat chloride test. Lymphocyte enzyme assay samples showed an adequate number of lymphs and a culture was norma 1 for (QUAL O'I'OITUNIl'l'/AHIIMAlIVE ....CTlON IMPlon. .' , ...' , , " UNIVERSITY HOSPIT~L '. THE MILTON s. HERSHEY MEDICAL CENTER THE PENNSYLVANIA STATE UNIVERSITY .' P.O. BOX B50 HERSHEY, PENNSYlVANIA 17033 RE: BEECHER, Nicole Page 2 NARRATIVE SUMMARY PATIENT NUMBER: #294731 "".,"( ," pyruvate dehydrogenase and carboxylase. The patient was rehospitalized in 4/85 at Chambersburg for hyperventilation and then received a blood transfusion. She has continued on Synthroid medication and her subsequent TSH and T4 levels were all normal, the last being in 1/87 with a T4 of 14.4 and TSH 0.5. Her medications on admission included Synthroid 37.5 mcg. or 1 1/2 tablet every day which was equal to 3.2 mcg./kg./day. Her allergies were none known questionably to milk and patient refuses all milk products. Immunizations were up-to-date. Developmentally she was approximately four months delayed by evaluation in 5/86. She sat at 8 to 9 months, walked at 17 months, and does not run very well. Mother describes Nicole as "dainty" and not rough and tough like her other children. Nicole will often collapse and fall down after walking around for a while. She has difficulty with fine coordinated movements. She ranges by history at approximately the 25th percentile for weight and 50th percentile for height at two months of age and then hit a plateau with no change in growth and at four months was below the 3rd percentile for both weight and height. FAMILY HISTORY: Negative for metabolic or any other disease other than father's heart disease. SOCIAL HISTORY: She lives with her parents, a fifteen year old female sibling, and twenty-two year old male sibling. Her parents are very concerned. Nicole stays with a babysitter. whom is a professional on Thursday and Friday with two other ill children there with unknown illness. PHYSICAL EXAMINATION: Temperature was 37.7, pulse 160, respirations 24, blood pressure 96/60, height 85.7 em. at the 25th percentile, weight 11.54 kg. at the 25th percentile, and head circumference 48.5 em. at the 50th percentile. She was a well-developed, well-nourished white female with marked chorioathetoid movements and darting eye movements. Head, ears, eyes, nose, and throat examination revealed irregular suture in the anterior midline. Cranium was atraumatic. Pupils were equal round and reactive to light and accommodation. Fundi were not clearly seen. Tympanic membranes, oral, and nasopharynx were clear. Neck showed no nodes or masses. Lungs were clear to auscultation. Cardiovascular examination showed a regular rate and rhythm with pulses normal and equal. Precordium was quiet. There was a murmur Grade II/VI systolic flow at the lower left sternal border. Abdominal examination revealed positive bowel sounds with no hepatosplenomegaly, soft, and nontender. Genito-urinary examination was normal female. Back and rectum were nonnal. Skin showed abrasions of the lateral aspects of the ankles. Deep tendon reflexes were 2+ and equal. There was decreased tone in the upper extremities and neck. The patient was alert and conversive but not always intelligible. (QUAL OP,OITUNITl'I"f,IIMATlVf ACTION IMPlOYEI APR 2 7 1987 t UNIVERSITY HOSPIl:AL . THE MILTON S. HERSHEV MEDICAL CENTER THE PENNSYLVANIA STATE UNIVERSITY .. " P.O. BOX 850 HERSHEY, PENNSYLVANIA 17033 ol .. :~.. RE: BEECHER, Nicole Page 3 LABORATORY DATA: Hemoglobin was 12.0, hematocrit 34.8, WBC count 7.0, 3 . bands, 75 neutrophils, 21 lymphocytes, and urinalysis specific gravity 1.020, pH 5.0, reducing substances trace, and ketones moderate. Initial electrolytes revealed sodium 135, potassium 5.2, C02 12, chloride 106, BUN 22, creatinine 1.8, and glucose 90. Repeat electrolytes the following morning showed a sodium of 134, potassium 4.7, C02 16, chloride 104, BUN 12, creatinine 0.9, and glucose 131. Electrolytes five days later showed a sodium of 142, potassium 5.0, C02 26, and chloride 102. Admission arterial blood gas showed a pH of 7.37, pC02 22.4, p02 109, and bicarbonate 13. Venous gases showed persistently normal pH's. In this hospital admission ammonium was 72, normal being 11 to 35. SGPT was 18. SGOT was 53. Phosphorous was 3.6. Total bilirubin was 0.9. Lactic acid was 3.5 with a pyruvic acid of .3, normals being .3 to .7. Thyroid function tests showed a T4 of 21.7, R-UTBG 40.2, index 872, and TSH less than .5. Repeat T4 on 3/22 showed a level of 9.5. NARRATIVE SUMMARY PATIENT NUMBER: #294731 HOSPITAL COURSE: The patient was admitted in metabolic acidosis and thyroid storm. The second day of her stay, the parents stated that they recalled the patient was taking the wrong color of the medicine. Her pharmacy was contacted and it was noted that the dose was five times the usual dose. She had been receiving this for approximately three weeks. The endocrinology team was consulted and by' their recommendations she was started on propranolol 1.B mg./kg./dayjsh.e had responded to a low dose Inderal I.V. push on the day of admission); "She was also started on hydrocortisone 40 mg./m2 b.i.d. at a stress dose pending results of cortisol levels which, were drawn prior to this. The patient remained afebrile throughout her hospital stay and her physical and mental examination improved throughout the hospital stay. The patient was discharged in good condition with follow-up recommended, weekly T4 levels, appointment with Dr. Martzluf primary physician on the week of discharge, and an appointment with Dr. Widome in two to three weeks. It was recommended that she return to Endocrinology Clinic in two months' time. DISCHARGE MEDICATIONS: 1. Propranolol 5 mg. p.o. q 6 h 2. Hydrocortisone 5 mg. p.o. b.i.d. cortisol level possibly discharging this pending the DICTATED BY: ATTENDING PHYSICIAN: Mary Palmer Campbell, M.D. ~~ Mark Widome, M.D. MPC:rar 0: 04/23/87 T: 04/26/87 10: 300(22,23,24) cc: Douglas Martzluf, M.D., 144 South Eighth Street, Chambersburg, PA 17201 (QUAL o,ronuNITY/AffltMATlV( ACTION IMPlont APR 2 7 '~:)7 . TERRY L. BEECHER AND : GLORIA BEECHER, PARENTS AND NATURAL GUARDIANS OF : NICOLE R. BEECHER, A : MINOR, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. : PEOPLES DRUG STORES, INC.: DEFENDANT 224 CIVIL 1989 IN RE: PRELIMINARY OBJECTION OF DEFENDANT ~;: BEFORE SHEELY, P.J. AND BAYLEY, J. ORDER OF COURT AND NOW, this 12, ~r day of June, 1989, defendant's preliminary objection in the form of a motion to strike paragraph 14 of plaintiffs' complaint, is GRANTED.l Paragraph 14 of plaintiffs' complaint, is STRICKEN. By Edgar B. William A. Addams, Esquire For Plaintiffs James D. Flower, Esquire For Defendant :bll 1 It is not "desirable for a lower court to embrace the exhilarating opportunity of anticipating a doctrine which may be in the womb of time, but whose birth is distant." Spector Motor Service Inc. v. walsh, 139 F.2d 809 (2d Cir. 1944) (Judge L. Hand) . - II TERRY L. BEECHER and GLORIA BEECHER, parents and natural guardians of : NICOLE R. BEECHER, a minor: plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 224 CIVIL, 1989 : JURY TRIAL DEMANDED PEOPLES DRUG STORES, INC.,: Defendant v. ANSWER 1. Admitted. 2. Admi tted. 3. It is admitted that the minor was prescribed a daily dosage of .025 mg of Synthroid. As to the nature of her illness, after reasonable investigation the Defendant is without knowledge as to the truth of this allegation or when any illness began and ~hose allegations are denied. 4. Denied as stated. It is admit.ted that a prescription for .025 mg of Synthroid was presented to Defendant's drug store in Shippensburg, and was filled by a pharmacist employee of Defendant as containing .125 mg Synthroid. 5. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to this aveInent. COUNT .1 NICOLE R. BEECHER v. PEOPLES pRUG STORES, INC. 1 FLOWER, KRAMER, MORGENTHAL" FLOWER - ATTORNEYS AT LAW THREE IRVINE ROW, CARLISLE, PENNSYLVANIA 17013 ... 7. After reasonable investigation, the Defendant is without knowledge or information to form a belief as to this averment. 8. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to this averment. COUNT II NICOLE R. BEECHER y. PEOPLES DRUG STORES, INC. 9. The answers to the allegations of Paragraphs 1 through 7 of the Complaint are incorporated herein by reference. 10. This is a conclusion of law to which no answer is required. COUNT III TERRY L. and GLORIA BEECHER v. PEOPLES DRUG STORES, INC. 11. RThe answers to the allegations contained in paragraphs 1 through 9 of the Complaint are incorporated herein by reference. 12. After reasonable investigation, the Defendant is without knowledge as to whether the medical expenses were caused by any act of the Defendant. 13. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to this averment. 2 I I. - WHEREFORE, Defendant demands t.hat the Complaint be dismissed. FLOWER, KRAMER, MORGENTHAL & FLOWER Attar ys for Defendant ~::;:?"' , Flower Three Irvine Row Carlisle, PA 17013 (717) 243-5513 3 l. . VERIFICATION .. G. Michael Martin, Treasurer of Peoples Drug Stores, Inc., Defendent in the above action, verifies he is authorized to make this verification and that the facts set forth in the foregoing Answer are true and correct to the best of his knowledge, information, and belief and are m~e subject to the penalties of 18 pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~ G. Michael Martin Dated: "J 5/ y1 - CERTIFICATE OF SERVICE /J""d And now, this Al' ',day of June, 1989, v I, JAMES D. FLOWER, Esquire, of the law firm of FLOWER, KRAMER, MORGENTHAL & FLOWER, attorneys for Defendant, hereby certify that I served the Answer this day by depositing same in the united States Mail, postage prepaid, in Carlisle, pennsylvania, addressed to: WILLIAM A. ADDAMS, ESQUIRE Fowler, Addams, Shughart & Rundle 28 South pitt Street Carlisle, pennsylvania 17013 FLOWER, KRAMER, MORGENTHAL & FLOWER Attor~ys for Defendant r y;:,;~D:jJ~1x~1 Three Irvine Row Carlisle, PA 17013 (717) 243-5513 By 4 L - PRAECIPE FOR LlSTl."G CASE FOR TRIAL (\lus! be typewritte~ and submitted in duplicate I TO THE PROTHONOT.-\RY OF CL\IBERL.-\.'iD COL':"ny P~e:lse ~:st ~he :"oilcwlI-:g .:~se. i C:l~ck oJi"!e) x :'cr Jl"RY t:-ial Jt :ht ;lext :e~:;1. Jt ::vil ::)ur:. ------------------------------------------------------------~----~--- ( fcr :rial without J ~ury. c.....- r--- C.-\PT!ON OF CASE (e:nire cJ.ptlon :nust ~e s:3ted in full) (check cne) TERRY L BEECHER and GLORIA BEECHER, Parents and Natural Guardians of NICOLE R. BEECHER, a minor, ( Assu:nplt r~' , TiI~spas.s ( X) ( C':-~' c..C:: Trespass (~1otor V~hic:e) ( (other) ,l'!aUltlfi) The trial list will be called on vs. PEOPLES DRUG STORES, INC. 8/22/89 and 9/5/89 Trials commence on 9/18/89 (Defe~dant) Pretrials will be (Briefs are due 5 trials. ) (The party listing this case for triall shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) held days en 8/30/89 before pre- vs. :0-:0. 224 (;"'U 89 '0 L__ Indic3te the Jttornty .....ho ""in :ry .:2.Se fer the ?3ni' who til~s ;his ?faecipe: William A. Addams for the plaintiffs Indicate trial coun..1 for othe! parties if known: James D. Flower for the defendant. Sigr.ed: dg~~~ This ~,. "re.dy ror ,ri:>.l. Print :\a~e: william A. Addams oa,.: June 26, 1989 At:orncy for: Plaintiffs - II - ... . TERRY L. BEECHER and GLORIA BEECHER, parents and natural guardians of NICOLE R. BEECHER: a minor, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW plaintiffs NO. 224 CIVIL, 1989 v. JURY TRIAL DEMANDED PEOPLES DRUG STORES, INC., Defendant PRELIMINARY OBJECTIONS fu~D NOW, comes the Defendant, by its attorneys, FLOWER, KRk~ER, MORGENTHAL & FLOWER, and makes the following Preliminary Objection to the Complaint. MOTION TO STRIKE We move to strike Paragraph 14 of the Complaint as an improper element of damage. Respectfully submitted, FLOWER, KRAMER, MORGENTHAL & FLOWER Attorneys for Defendant By. 'Q)jA't..., ~,f\.... .'-. \,1 iI jh:'p'/ \. ,)j._J l Ja es D. Flower Th ee Irvine Row Catlisle, pennsylvania 17013 (717) 243-5513 flOWER, KRAMER, MORGENTHAL & flOWER - ATTORNEYS AT LAW THREE IRVINE ROW, CARLISLE, PENNSYLVANIA 17013 - PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY jOF CUMBERLAND COUNTY: Please list the within matter for the next: n ~ Pre-Trb.l Argumt:nt C.:;urt Ii1 ~ Argument Court -------------------------------------- -------------- -- - --------~--- ----- CAPTION OF CASE (entire caption must be stated in full) TERRY L. BEECHER and GLORIA BEECHER, parents and natural guardians of NICOLE R. BEECHER, a minor r (Plaintiff) vs. PEOPLES DRUG STORES, INC. ... '..' c..;:;. (Defendant) vs. No. 224 Civil 19J1L 1. State matter to be argued (i. e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): De fendan t ':s Pre liminary Objections , Identify counsei who will argue case: (a) for plaintiff: William A. Addams, Esquire (b) for defendant: James D. Flower, Esquire 3. I will notify all parties in writing within two days that this case has been listed for argument._ B MORGENTHAL & FLOWER " \:.''-\ ~- 1 d'~ / . \ tV-.~)J--cA/ FLOWER, KRAMER, I (Attorney for Defendant James . Flower Dated: - If April 1 r , 1989 TERRY L. BEECHER and GLORIA BEECH R, . . Iicirent:s . 'cin'd' nil.t:ui'al' . guardi.arls . of' Nicole R. Beecher, a minor ................................................ In the Court of Common Pleas of Cumberland County. Pennsylvania vs. No. .. ..~~.~..................... Civil. 19.. 8?. PEOPLES DRUG STORES, INC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~ ~.:r;.=. , . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . J?~ t~:r;. .'?1?-.I.' . .~l?P.EC~.l!?-n<?~ . .f.9"f. . t.~'? .I?~. ~~n<?-.a,n:t: . :i.I!. .tJ.l.~ . .a)?~y~. . 9.a,P:t:t 9.I!~.q.. . . . . . action. .................. To ...... ~a,Yl.r;'?n9~. J':.... .IY'?Jl$.~x J............ Prothonotary ................ .J:",n~~:r;y. Xq................. 19.?::J. ') FLOWER!, KRAMER, MOR~NbHAL\.-&) FLOWER BY~''''. '. .4:t.'1-1"J>."~"""'" s D. Flower Attorney for ~i:laElt. Defendant 68. Ii~' m 07 117r ,1,1' " ^(..: No. ..................... Term,19...... .................................. vs. ...................................... PRAECIPE Filed.......................... 19...... ...... ...................... .... ". Atty. ........................................ . TERRY L. BEECHER and GLORIA BEECHER, parents and natural guardians of NICOLE R. BEECHER, a minor, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. ~.~ CIVIL 1989 J)'/ PEOPLES DRUG STORES, INC., Defendant JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this LC~ day of October, 1989, upon consideration of the foregoing petition, the medical records attached thereto, and hearing held, the court is satisfied that the proposed structured settlement is fair and reasonable, and in the best interest of the minor plaintiff, and is therefore approved. It is further ordered that the proceeds shall be distributed as follows: Payment of medical expenses - $ 9,521.44 To Terry L. Beecher or Gloria Beecher, in trust for Nicole Beecher, with the provision that no withdrawal can be made before age 18 without without order of court. 16,507.81 To Nicole Beecher: Age 22 on October 26, 2006 10,000.00 Age 25 on October 26, 2009 15,000.00 Age 28 on October 26, 2012 20,000.00 Age 31 on october 26, 2015 25,000.00 Age 34 on October 26, 2018 45,000.00 ,I To Fowler, Addams, Shughart & Rundle - fee 13,750.00 Expenses - 220.75 The plaintiffs are authorized to execute a release in favor of Peoples Drug Stores, Inc. releasing it from any further cause of action on account of the incident set forth in the petition, and their counsel is authorized to mark the captioned matter .~~,'-'-"---, settled and discontinued. J.