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Home My WebLink About02-3917 CODY MATSON (a minor child), by his legal guardian and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER his mother, and MICHAEL L. MATSON his father, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, O~- 39/'1 (",;.:.1. fL.<- v. CIVIL ACTION-LAW ANITA BUTCHER, Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend againstthe claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 A VISO USTED HA smo DEMANDADO/A EN CORTE. Si usted desea defenderse de !as demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos viente (20) dias despues de la notificacion de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que se usted falla de tomar accion como se describe anteriormente, el case puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado par el demandante puede ser dicado en contra suya por Ia Corte sin mas aviso adicional. U sled puede perder dinero 0 propiedad u otros derechos importantes para usted. USTGED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDlAT AMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUlENTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 l:I ORIGINAL CODY MATSON (a minor child), by his legal guardian and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER his mother, and MICHAEL L. MATSON his father, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0;[. ~q!"7 C:vJ -r;~ CIVIL ACTIONBLA W ANITA BUTCHER, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW COME Plaintiffs. Cody Matson, Melanie Sheaffer and Michael 1. Matson, who bring this action through their attorneys. the Law Offices of Leslie D. Jacobson, in personal injury against Anita Butcher. Defendant, upon a cause of action whereof the following is averred: I. Plaintiffs are as follows: Cody Matson, Plaintiff is a minor child residing at 207 Valley Street. Surnmerdale, Pennsylvania 17093. Melanie Sheaffer. mother of Cody Matson, is an adult individual residing at 207 Valley Street. Surnmerdale, Pennsylvania 17093. Michael 1. Matson, father of Cody Matson, is an adult individual residing at 207 Valley Street, Surnmerdale, Pennsylvania 17093. 2. Anita Butcher. Defendant. is an adult individual residing at 214 Louis Lane. Surnmerdale, P A 17093. 3. On September 27.1998. Defendant. Cody Matson, was bitten by a dog while visiting Summerdale Park with his parents. 4. On the aforementioned date, Defendant was the owner of the dog. which was invo Ived in the incident herein described. S. On the aforementioned date. Plaintiff, Cody Matsort, accompanied by his mother, Melanie B. Sheaffer, and his futher. Michael Matsort, was playing in the Summerdale Park. On this date. Cody Matson was 2 years of age. 6. At approximately 4:30pm on September 27. 1998. Plaintiffs were on the merry-go- round in the park when the Defendant. Anita Butcher entered the park with another adult and two young children. One of the young childrert, a girl estimated to be 5 or 6 years of age. was walking a dog on a leash. 7. The girl with the dog sat on the merry-go-round (where the Defendants were at that time) and many of children began to pet the dog. The aduhs, including the Defendant. witnessed the children petting the dog and offered no warning in any way that the dog may bite. 8. Plaintiffs. Melanie. Michael and Cody then left the merry-go-round. Michael and Cody proceeded over to a swing set and Melanie was closer to the seesaw. The child with the dog also proceeded to the swing set area to go on the sliding board. 9. Cody was going up the sliding board. Michael was at the end of the slide waiting to catch Cody. As Cody was going up the sliding board, the dog was still being held on the leash. The child holding the dog on a leash was on the first swing closest to the sliding board. Cody was on the second step of the sliding board proceeding up. Melanie next observed the dog on top of Cody. biting his face. 10. Michael Matson was in close proximity and observed the Defendant's dog biting 2 Cody Matson in the leg as he was getting off the sliding board and walking toward his mother. Melanie Sheaffer. When the dog bit Cody in the leg, he began to run away from the animal. The dog then jumped on the child's shoulders knocking him to the ground. and began biting his face. II. Melanie turned around when she heard the dog barking, Michael yelling and Cody crying and screaming. and observed the dog biting Cody's face. 12. At that time there was no one holding onto the dogs leash. The animal attacked the Plaintiff, Cody Matsort, viciously. growling. snarling and biting, totally unprovoked. Michael Matson had to pull the dog, by its leash, to get the dog off of Cody Matson. When Michael picked Cody off the ground. he was bleeding profusely from his facial wounds and was screaming and crying uncontrollably with great pain and fear. 13. The Defendant. Anita Butcher, then came to the Plaintiff's home to talk to Melanie Sheaffer after the attack. Ms. Butcher then told Ms. Sheaffer that her dog was not good around small children. about Codys age.. At this time she also provided her name and phone number to the Plaintiff COUNT I - CODY MATSON V. ANITA BUCHER (NEGLIGENCE) 14. Plaintiff incorporates by reference all of the proceeding averments ofthis Complaint as if each and every one were individually set forth within this count. 15. The incident was directly and proximately caused by the negligence and carelessness of Defendant. who had the duty to and failed to keep control of her dog at all times. 3 16. At all times material hereto, Plaintiffs acted with due care and were not Contributory negligent. 17. As a result of Defendant's negligence, Plaintiffhas sustained the following injuries, some or all of which may be permanent: Numerous puncture wounds to the face, deep laceration on his left cheek near his lip, infection in the wounds to his face, pennanent scaring to the face due to wounds, and the child has also developed an unnatural fear of dogs, and now displays fear of his own dog. 18. As a direct result of Defendant's negligence, Plaintifi: Cody Matson has endured great bodily pain and suffering, as well as mental anxiety and nervousness, to his great detriment and loss. 19. As a direct result of Defendant's negligence, Plaintiff has sustained serious and permanent injury, for the treatment of which he has incurred medical bills and expenses in excess of $5,000.00 and will probably require additional medical treatment in the future, including plastic surgery. 20. As a direct result of Defendant's negligence, Plaintiff has suffered an interruption of his daily habits to his permanent detriment and loss. 21. Plaintiff has made demands for compensation of the aforementioned injuries and losses, which Defendant has fuiled and refused, and still refuses, to pay. WHEREFORE, Plaintiff prays this Honorable Court grant judgment against Defendant in an amount in excess of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), plus attorney fees and costs, AND FOR ANY OTHER RELIEF DEEMED JUST AND APPROPRIATE. 4 COUNT II - MELANIE SHEAFFER AND MICHAEL MATSON V. ANITA BUCHER (NEGLIGENT INFLICATION OF EMOTIONAL DISTRESS) 22. Plaintiff incorporates by reference all of the proceeding averments of this Complaint as if each and every one were individually set forth within this count. 23. Plaintiffs Melanie Sheaffer and Michael Matson were in close proximity to Cody Matson when the incident occurred. 24. Plaintiffi; Melanie Sheaffer and Michael Matson observed directly the incident which caused the aforementioned injuries to their son, Cody Matson. 25. Observing this incident has caused Melanie Sheaffer and Michael Matson to suffer great emotional distress. WHEREFORE, Plaintiffi; Melanie Sheaffer and Michael Matson pray this Honorable Court to enter judgment in their rnvor for an amount in excess ofThirty-Five Thousand Dollars ($35,000.00) and for any other relief deemed just and appropriate. DATED:~ E eslie D. Jacobson Attorney for Plaint' No. 52673 8150 Derry Street Harrisburg, P A 17111.5260 717.909.5858 5 CODY MATSON (a minor child), by his legal guardian and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER his mother, and MICHAEL L. MATSON his father, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. v. CIVIL ACTION-LAW ANITA BUTCHER, Defendant JURY TRIAL DEMANDED VERIFICATION I, Melanie Sheaffer, do hereby verifY that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that fulse statements contained herein are subject to the penalties of 18 Pa.C.S.A. !l4904 relating to unsworn fulsification to authorities. .~ o ~ 0 0 () f'0 "1'1 ,.; ,.. '-~:1 0':~C ~ ~i)L~. ,) r }t Zr" D C'l. W ~.- .... ,f:: lu .L. ~ "7 ~ ~ ','\ ~ ~ {...' - e -, CODY MATSON (a minor child), by his legal guardian and mother, MELANIE SHEAFFER, aDd MELANIE SHEAFFER his mother, and MICHAEL L. MATSON his father, Plaintiffs v. ANITA BUTCHER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3917 CIVIL CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE TO THE PROrnONOTARY: Please reinstate the above-captioned Complaint. DATED' q/r1/o.t- 1 8 s: "1:11I1 mrr! Z:X' ---11'""".- ~)': -<J':_ !;=C j;: :zQ -.-u )>c ~ \ "". ...., ~\~ ,.-- o N en rrt -0 N v-, ~ ::;j ;.}"1' :!J , ,_. ym .-)9 ',-; c-, "....;Ii (~':~ ". "- J Ofn ~ -< -u =t: N :::> .....J SHERIFF'S RETURN - NOT SERVED CASE NO: 2002-03917 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MATSON CODY MINOR ET AL VS BUTCHER ANITA R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: BUTCHER ANITA but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT SERVED , as to the within named DEFENDANT , BUTCHER ANITA UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 20.70 .00 10.00 .00 48.70 So answers: --- '..:(::;::"/-.:--;~ R. THOMAS KLINE SHERIFF OF CUMBERLAND COUNTY LESLIE D JACOBSON 09/17/2002 Sworn and subscribed to before me this .2.-, ~ day of ~f;,..I... .1im:L.-, A.D. ~. f) Fndt1,,) ~I Prot notary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-03946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KOHL ROOFING & SIDING CO ET AL VS WEST PENN BUILDERS & REMODELER R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WEST PENN BUILDERS & REMODELERS INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 9th, 2002 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Allegheny Co 52.75 Notary 6.00 95.75 09/09/2002 SILVERMAN & ASSOC ~~ . Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this , t:<-- () do - day of "J,~-r;~ I ,2crv.;L, A.D. Chu. {2 Ih</t,.. ~ Prothonotary' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-03946 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KOHL ROOFING & SIDING CO ET AL VS WEST PENN BUILDERS & REMODELER R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LEVENSON ALAN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 9th, 2002 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 09/09/2002 SILVERMAN & ASSOC / So an~ / // ~~:-::'~ R~as Kline Sheriff of Cumberland County -.---..' Sworn and subscribed to before me this .2>>,e- day of 2n7,~. lu, , .:uo .b A.D. C)1~' n 11....(~,.. .~ Prothonot:a y \D '\ PI Ll "bt\ !I trt-d--. In The Court of Common Pleas of. Cumberland County, Pennsylvania Kohl Roofing & Siding Co t/a Kohl Building Products West Penn Buiiders & Remodelers Inc et al 3 4-S9 0 SERVE: Alan Levenson ~, 02 3946 civil ~~ \Sl~~ V61/~ , I, SHERIFF OF CUMBERLAND COUNTY, P A, do "'- Now, August 20, 2002 hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~~ Sheriff of Curnberland County, PA Affidavit of Service Now, 'brD NCJ~ A,"5'U.;( d-/ ,20~,at P:)~o'c1ock---E-M. served the within C..c:r\j\.w.~t-...:i\ ---- -----~------- -- upon at by handing to -.A/t9 fI-4'Vlfe.. MrZ.lL l1/~fI.-' (0 TU0 JOc.af"o;tl'S D~A-47/ez" f MOV-e(.{. B4 A-J: /'-e) ~ ) a copy of the original and made known to the contents thereof. Arte"'f' 't -n -() :2.. I: 41(" rt.J. AJJ"ess 1'-101/<< j" 1'/1 r _ A<:G:>r-J;,,'J "lZl k.J~JT So answers, ".J.., .I. 4/~f.~// I ." VV'.'I. ~1~ . ~"'-~;;~~ lJ {1 /J ddl6!1t}. /t I/l~n;t. Sworn and subscribed before methis_dayof '~P G~. COSTS SERVICE MILEAGE S),.l( $ NOW; cal Sheila R, O'Brien, Notary Public of Pltt,burah, Allegheny County My Commlssion Bxpi"" June 19, 2004 Member, pennayfVenlaAsooclallonolNolaries $ 5~ ,1\ , In The Court of Common Pleas of Cumberland County, pennSYI~afd-- Kohl Roofing & Siding Co t/a Kohl Building Products 4 r ~1~O vs. L_~- West Penn Builders & Remodelers Inc et al SERVE: West Penn Builders & No 02 3946 civil Remodelers Inc. ,D{l' 4 J ~\&:st~~~ t.~.~I\'i-k holf~ August 20, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. :r'"~~~ Sheriff ofCurnherland County, PA Affidavit of Service Now, .y~o;,\ d, '( cn0J.2L~t-JT ,20o'd- , at \,).', ~ o'clock f' hHJ /-JOT M. served the within upon at by handjng to ~O ~ 8lW~ f\J\~~_'~ 10 +C.lJ(J lOCcctUJlJ\X DQS- ~6--... a copy of the original and made known to the contents thereof. tHle"'1f f ?--;}-I-o~ ~ ..: ""'iIf fb,,) pjJm5 I !l0iI "j ; 1\ 11'{ r c(s ~,.. ''-''''' tiT, ".~It ,; ,( )I i 'r',r,.. ,'~'i7ff~ I ....t.t-t'i.. .,; .".~ ,,\..^AJ ~ tJ ... So answers, '. Cqunty,FA, "', COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed b~fore me this _ day of :>tP 0 J ,2Q)L Notarial Seal Sheila R, O'Brie.. Notary Public City of PilUburgh. Allegheny County My Commisaion Expires June J9. 2004 Memller, PennSYiViiii8AssocfaIion of Notaries $ SHERIFF'S RETURN - REGULAR CASE NO: 2002-03917 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATSON CODY MINOR ET AL VS BUTCHER ANITA DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BUTCHER ANITA the DEFENDANT , at 1950:00 HOURS, on the 27th day of September, 2002 at 316 4TH STREET . SUMMERDALE, PA 17093 by handing to AMANDA BUTCHER, DAUGHTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. , Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.04 .00 10.00 .00 39.04 r~~~~ R. Thomas Kline 09/30/2002 LESLIE JACOBSON Sworn and Subscribed to before By: ~t.~ Deputy Sheriff me this 1!f:, day of {Jcc..L._ ~.L A. D. ~1 Q. IhA~j!,., . ~N Prothonotary F:\FILES\DA T AFlLE\DONEGAL.DOC\217_pra IItde Created: 10118/0210:29:23 AM Revised: 10/18/0210:33:26 AM 3050.217 CODY MATSON (a minor child), by legal guardian and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER his mother, and MICHAEL L. MATSON, his father, Plaintiffs v. ANITA BUTCHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 02-3917 CIVIL ACTION LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of Defendant, Anita Butcher, in the above matter. Dated: October 17,2002 MARTS ON DEARDORFF WILLIAMS & OTTO By --1 L~ \Iv Jiu.-....{ Thomas J. Willi s, Esquire Ten East High S reet Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilIiams & Otto, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Leslie D, Jacobsen, Esquire 8150 Derry Street Harrisburg, PAl 7111 MARTSON DEARDORFF WILLIAMS & OTTO ~A~f)~ nci D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 17, 2002 !:..1C' " rnr-; :;:~ -~ /' ~ (lJ ;' ~E: PC-::: "/ ~ :.< o s:;; ::-"'.. I'-,J C) :") ,--~ cn C,.) ::> I,,) i:~ ::5 -< F:\FILES\DA T AFILE\DONEGAL.DOC\217-ans.l/tde Created: 10/18/0210:29:23 AM Revised: 11107/0209:40:48 AM 3050.217 CODY MATSON (a minor child), by legal guardian and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER his mother, and MICHAEL L. MATSON, his father, IN THE COURT OF COMMON PLEAS OF C~BERL~)COUNTy,PENNSYLV~ Plaintiffs NO. 02-3917 CIVIL ACTION LAW v. ANITA BUTCHER, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Anita Butcher, by and through her attorneys, MAR TSON DEARDORFF WILLIAMS & OTTO, and avers as follows to Plaintiffs' Complaint: 1. After reasonable investigation, Defendant is wlithout knowledge or information sufficient to form a belief as to the truth or falsity ofthe averments contained in this paragraph. The averments are therefore deemed denied and proof is demanded. 2. Admitted in part and denied in part. Defendant admits she is an adult individual; however, it is denied that Defendant resides at 214 Louis Lane" Summerdale, PA 17093. To the contrary, Defendant's address is 316 Fourth Street, Summerdak, PA. 3. Defendant admits the incident in question occurred on September 27, 1998 in the Summerdale Park. All remaining averments are denied pursuarlt to Pa. R.Civ,P. 1029(e). 4. Admitted. 5. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph. The averments are therefore deemed denied and proof is demanded. 6. Defendant admits Amber Edwards, a few days shy of age 7, walked Defendant's dog on a leash in Summerdale Park on September 27,1998. After fI~asonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining averments contained in this paragraph. The remaining averments are therefore deemed denied and proof is demanded. 7, Denied pursuant to Pa. R.Civ.P. 1029(e). 8. Denied pursuant to Pa. R.Civ.P. 1029(e). 9. Defendant admits the dog was being held on the leash. All remaining averments are denied pursuant to Pa. RCiv.P, 1029(e). 10, Defendant admits the dog was being held on the leash. All remaining averments are denied pursuant to Pa. R.Civ.P. 1029(e). 11. Denied pursuant to Pa. RCiv.P. 1029(e). 12, Defendant denies no one was holding the dog's leash. To the contrary, either Amber Edwards or Amanda Butcher was holding the dog's leash. All remaining averments are denied pursuant to Pa. R.C.P. 1029(e). 13. Denied pursuant to Pa. RCiv.P. 1029(e). COUNT I CODY MATSON V. ANITA BUTCHER (NEGLIGENCE) 14. The averments of paragraphs I through 13 ofthis Answer are hereby incorporated by reference. 15-21. Denied pursuant to Pa. RC.P, 1029 (e). WHEREFORE, Defendant demands judgment in her favor and dismissal of Plaintiffs' Complaint with prejudice. COUNT II MELANIE SHEAFFER AND MICHAEL MATSON V. ANITA BUTCHER (NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS) 22. The averments of Paragraphs 1 through 21 ofthis Answer are hereby incorporated by reference. 23-25. Denied pursuant to Pa. RC.P. 1029 (e). WHEREFORE, Defendant demands judgment in her favor and dismissal of Plaintiffs' Complaint with prejudice. Dated: November 7, 2002 MARTSON DEARDORFF WILLIAMS & OTTO BY~ ~ Thomas J. Willi s Esquire Ten East High S t Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant VERIFICATION The foregoing Answer to Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language ofthl~ document is that 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 my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsd, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. (2~;o. Anita Butcher CERTIFICATE OF SERVICI~ I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Defendant's Answer to Plaintiffs' Complaint was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Leslie D. Jacobsen, Esquire 8150 Derry Street Harrisburg, P A 17111 MARTSON DEARDORFF WILLIAMS & OTTO -Q~J ricia D. Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: November 7, 2002 () 0 -~ '.-j C r',J ''''1 ::~: -,.. v t~ " I::::> nl r I , :z +'..," /:': I, I S1 < .-J r-' --U <"" j::: :z c. s> C~ W Z :.,.) :7::1 =< -< PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicatel TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: . (Check one I XX) for JURY triai at the next term of civil court. for trial without a JUry. . ------------------------------- CAPTION OF CASE (entire caption must be stated in full) CODY MATSON, (minor child) BY HIS LEGAL GUARDIAN MELANIE SHEAFFER and MELANIE SHEAFFER his mother and MICHAEL MATSON, his father, (check, one) Assumpsit (x Trespass Trespass (Motor Vehicle) (other, (Plaintiff) vs. ANITA BUTCHER The trial list will be called on Au"ust 12, 2001 and Trials commence on Spp~pmhp,.. R 7001 (Defendantl PretrialS will be held on All"llst 20 _ 7001 (Briets are due 5 days before pretrials.) vs, (The pany listing this case for trial shall provIde forthWith a copy of the praecipe to all counsel. pursuant to local Rule 214.1.) No, 07-1Q 17 Civil ACTION LAW ~ _2002 Indicate the attorney who will try case for the party who files thiS praecipe: Thomas J. Williams, Esquire, 10 E. High Street, Carlisle, PA 17013 - 717-243-3341 Indicate trial counsel for other parties If known: Leslie D. Ja"-!:?Esen'-~.?.9uir~.LJ!)5Q. De,Ery Street, Suite A, Harrisburg, PA 17111 - (717) 909-5858 ~------ . .------.------------ This case IS readv for trial. Signeo: ~(~~ -J 1NJl w-.... Print Name: Thomas J. Williams, Esquire A~~orney~or-Derendant o C lJrf enr-' z, 2:: :' (J" :-<: ~l ~. s(~ ::t> ~, '- 2 -" -< o 6 ()'j C;' W ~":::; C) -1"1 ,7, --'I '.,,.' ur, ", (5 In CODY MATSON (a minor child), by Legal guardians and mother, MELANIE SHAEFFER (MATSON), his mother and MICHAEL L, MATSON, his father, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-3917 CIVIL ACTION v. JURY TRIAL DEMANDED ANIT A BUTCHER, Defendant PLAINTIFF'S e9.C't~e\1ll 't6L.1'ING CASE FOR JURY TRIAL l I I j 1, Plaintiffs received a copy of the notice requesting that the case be listed for Jury Trial. 2. Discovery is not complete. 3, Plaintiff needs a reasonable period of time to conduct discovery in order to properly try this case, WHEREFORE, the Plaintiffs respectfully requests this Honorable Court to deny the Defendant's request to list this matter for trial. Date: /,~(/..IU clc.o3 Leslie D. Jacobson J.D. No,: 52673 8150 Derry Street Harrisburg, PAl 711 717.909,5858 Attorney for Plaintiffs PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: " (Check onel XX) for JURY trial at the next term at civil court. (') c c n-----~-~~4'.' .-~--~-.----- ~~;'- C"'-;:-,' :!.; r.:::I ::-~. 5>,- ::=( )> 0 C -? ~-, ::? for trial without a jury, ----------- --.---- CAPTION OF CASE (entire caption must be stated in full) (check one) CODY MATSON, (minor child) BY HIS LEGAL GUARDIAN MELANIE SHEAFFER and MELANIE SHEAFFER his mother and MICHAEL MATSON, his father, Assumpsit (;-.... (X) Trespass Trespass (Motor Vehicle\ (other) (Plaintiff) vs. The trial list will be called on Ammst 12. 2003 ANITA BUTCHER and Trials commence on Spp,pmhPT R 700, (Detendant\ PretrialS will be held on AURUst 20. 2001 (Briefs are due 5 days before pretrials.) vs, (The party listing this case lor trial shall provide forthwith a copy of the praecipe to all counsel. pursuant to local Rule 214.1.) No. 07-1917 Civil ACTION LAW 1<90 _ 2002 ~ ~ (Q) (g) Indicate the attornev whO Will try case for the party who files thiS praecipe: Thomas J, Williams, Esquire, 10 E. Hi~h Street, Carlisle, PA 17013 - 717-243-3341 Indicate tllal counsellor other parties If known: Leslie D. Jac~!>,~,--E.3..'luir~-,-]15Q. De-Ery Street, Suite A, Harrisburg, PA 17111 - (717) 909-5858 ------- ------.--.--------- This C3.se IS reaav for tnal. Signee ,or ItI1j;l(I~ l~ Ji ,~ Thomas f~' Williams, Esquire ;:::'rlnt t'-lsme' A~~orneyIor-netendant CODY MATSON (a minor child), by Legal guardians and mother, MELANIE SHAEFFER (MATSON), his mother and MICHAEL L. MATSON, his father, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO,: 02-3917 CIVIL ACTION v. ANlT A BUTCHER, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 13th day of June 2003, I Tammy L, Ketterer, paralegal at the Law Offices of Leslie D, Jacobson, attorney for the Defendant hereby certify that on this day I served the within PlaintifFs Objection to Listing Case for Jury Trial upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, which service satisifies the requirements of the Pennsylvania Rules of Civil Procedure, Thomas J, Williams, Esquire MOW & 0 10 E. High Street Carlisle, PA 17013 LAW OFFICES 0 LESLIE D. JACOBSON e {) yL. 8150 De eet, Suite A Harrisburg, PA 17111.5260 717-909.5858 o ~ -c.Ji-t Q)( "':"".'" tj( ~::_-' :S'- ~~ ;'~ p ~:~~ :;.~ o CJ c_ c= .- c- ,( ::? ,I ,i> 'J,] -< :...> .-J 6. Cody Matson, (Minor Child) by His Legal Guardian Melanie Sheaffer and Melanie Sheaffer His Mother and Michael Matson His Father : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V : NO. 02-3917 CIVIL TERM Anita Butcher ORDER OF COURT AND NOW, August 12, 2003, by agreement of counsel, the above captioned case is hereby continued from the September 8, 2003 trial term. Counsel is directed to relist the case when ready. By the Court, -'l'homas J. Williams, Esquire For the Plaintiff ~slie D. Jacobsen, Esquire For the Defendant > Lit:~ R~s Q$-lq-(8 Court Administrator Id :-.::) '- ~ -" ) c.) , ,. , i II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MATSON, ET AL Vs. NO. 023917 BUTCHER CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 THOMAS J WILLIAMS, ESQUIRE certifies that: 1, A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4, The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 08/07/03 THOMAS J WILLIAMS, ESQUIRE 10 E HIGH ST ~~ CARLISLE, PA 17013 717-243-3341 ATTORNEY I'OR DEFENDANT INQUIRIES SHOULD BE ADDRBSSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335'-4907 By: Jacqueline Ciarrocchi File #: M301447 II IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy MATSON, ET AL Vs. BUTCHER No, 023917 TO: LESLIE JACOBSEN, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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. If no objection is made the subpoena may be served. Date: 07/17/03 THOMAS J WILLIAMS, ESQUIRE 10 E HIGH ST CARLISLE, PA. 17013 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSmD TO: MEDICAL LEGAL REPRODUCTIONS, INC, 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-45107 By: Jacqueline Ciarrocchi Enc(s): Copy of subpoena(s) Counsel return card File #: M301447 II ~TH OF PENNSYLVANIA <XXlNfi OF ~ MATSON, ET AL VS. File No. 023917 / BUTCHER SUBPOENA TO P~ lXXU1ENTS OR 'TH I NGS FOR 0 I SCXM;:RY PURSUANT TO RULE 4009, 22 TO: DR JAMES YATES (N~ of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent'" or things: '" x w-sE~ A'l"l'AC.tiJ:'.;lJ AlJ1J..l:~,;1\JlJU1Vl). A at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 (Address) You may del iver or mail legible copies of the doct.rnents or produce things requested 0) t.his subpoena, together with the certificate of ccrrpliance, to the party making thi, request at the address I isted above. You have the right to seek in advance the rea~onab 1 E cost of preparing the copies or producing the things sought, If you fail (20) days after ~el1ing you to to produCe the docunents or its service, the party carply with it. things required by this subpoena within t~enty serving thin ~,ubpoena may seek a court orde;. TH 1 S SUBPOENA WAS I SSUED AT 'THE REQUEST OF 'THE FOLLON I NG PERSON: ~: THOMAS WILLIAMS, ESQ ADDRESS : 10 E I1IGll ST CARLISLE PA 17103 (215) 335-3212 TELF.PI-PNE: SUPREI-E <XllRT ATTORNEY FOR: 10# DEFENDANT BY DATE: ~(.I, "";.2cb2r()'\:>~ ~ rt . Prothonotary/Clerk. Division .tJvW<>-Q..- e'-n?-~-l.. r-- -L-~ DepUty c.... (Eff. 7/97) II ADDENDUM TO SUBPOENA MATSON, ET AL Vs. No. 023917 BUTCHER CUSTODIAN OF RECORDS FOR: DR JAMES YATES ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: CODY MATSON ADDRESS: 302 VALLEY ST SUMMERDALE PA DATE OF BIRTH: 04/07/96 SSAN: 800017466 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - ... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of recordS that, to the best of my knowledge, information and belief all documents or things above mentioned have been produ-::ed, [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( ( RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized s~gnature for DR JAMES YATES CUMBERLAND M301447-01 * * * SIGN AND RETURN THIS PAGE * * * II ~TH O~' pmNSYLVANIA CXXJNrY OF ~ MATSON, ET AL VS. File No. 023917 / BUTCHER SUBPOENA TO pROCll.!Q!; ~NTS OR lrt I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR LAUREN BAILEY (Name of Person 01" Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following document~ or things: ----,'-_.""-~ ,"-~'-"--' .......-...- * "SEE A'l"l'ACI"U:<;lJ AlJlJJ:<;NlJUlVI^ ^ at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 (Address) ,You may deliver or mail legible copies of the documents or produce things requested hI thts subpoena, together with the certificate of <:arcJliance, to the party making thi[ request at the address listed above. You have the right to seek in advance the reasonajJl€ cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its service. the party serving thk, subpoena may seek a court orde'- c;arpelling you to <:arcJly with it. TH I S SUBPOENA WAS I SSUED AT lrtE REQUEST OF 11-lE FOLLCW I NG PERSON: NAME: THOMAS WILLIAMS, ESQ ADDRESS : TELF.PI-PNE: SUPRe-E ca..RT A TIORNEY FOR: 10 E IlIGflI 31' CARLISLE PA 17103 (215) 335-3212 10# DEFENDANT BY i1 Division DATE: _ J,.J_:t/ ,;).,J. .::l1"l1.i3, Sea I 0 the 66urt (Eff, 1/97) II ADDENDUM TO SUBPOENA MATSON, ET AL 'Is. No. 023917 BUTCHER CUSTODIAN OF RECORDS FOR: DR LAUREN BAILEY ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: CODY MATSON ,A!5PRESS: 302 VALLEY ST SUMMERD1\LE PA DATE OF BIRTH: 04/07/96 SSAN: 800017466 CER(flFIED PHOTOCOPffiS WILL BE ACCEPTED IN LffiU OF YOUR PERSONAL APPEARA."l"CE. - - - - - '- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS AREAITACHED HERETO: I hereby certify as custodian of reccrds that, to the best of my knowledge, information and belief all documents or things above mentioned ha're been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS havl: been destroyed Date Author~zed s~gnature for DR LAUREN BAILEY CUMBERLAND M30~447-02 *** SIGN AND RETURN THIS PAGE *** II ~TH OF PJ'}lNSYLVANIA COONTY OF ~ MATSON. ET AL VS. File No. / 023917 BUTCHER SUBPOENA TO PR()()lXE ~NTS OR lli I NGS FOR DI~ERY PURSUANT TO RULE 4009.22 TO: DR ANDREW PANKO (NIIrM of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docl.ment!'<-or things: at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 ~ ""SEE"""' A:l"l'ACti]O;jJ Al)jJ]o;NlJU1'1" " -----.-- (Address) You may deliver or mail legible copies of the docl.ments or produce things requested h\ this subpoena, together with the certificate of carpliance, to the party making thi, request at the address listed above. You have the right to seek in advance the reasonablE cost of preparing the copies or producing the things sought. If yOU fail to produce the docunents or things required by this subpoena within t;.!enty (20) days after its serv~ce. the party serving 'thi:; subpoena may seek a court orde;' c.x:rrpelling you to caTPly with it. TH I S SUBPOENA WAS I SSUED AT 1l-tE REQUEST OF 1l-tE Fcx..LON I NG PERSON: NAME: THOMAS WILLIAMS, ESQ ADORESS : TELEPHONE: SlPReE <XUlT ATTORNEY FOR: 10 D IlIG&- 0'1' CARLISLE PA 17103 (215) 335-3212 10 # DEFENDANT BY Prothonotary/Clerk. C Division .a O--r- e... [} Lnzr~ d..<~ c.. - DePuty DATE: - ),.< L, -;> 20u ~ Nl3 Seal of the rt "-- (Eff. 7/97) II ADDENDUM TO SUBPOENA MATSON, ET AL Vs. No, 023917 BUTCHER CUSTODIAN OF RECORDS FOR: DR ANDREW PANKO ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: CODY MATSON ADDRESS: 302 VALLEYST SUMMERDALE PA DATE OF BIRTH: 04/07/96 SSAN: 800017466 CERTJl<'JJ!;D PHOTOCOPffiS WILL BE ACCEPTED IN LffiU OF YOUR PERSONAL APPEARANCE. - - - ". - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN . COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of recclrds that, to the best of my knowledge, information and belief all dO'cuments or things above mentioned have been prodtlced. "- [ 1 NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date ---.--'--' Author~zed s~gnature for DR ANDREW pANKO CUMBERLAND M30144'/-03 *** SIGN AND RETURN THIS PAGE *** II ~TH OF pmNSYLVANTA COONl'Y OF ~ MATSON, ET AL / VS. File No. 023917 BUTCHER' SUBPOENA TO PR~ DOC:lJ"I;NTS OR 11-11 NGS FOR OI~ERY PURSUANT TO RULE 4009.22 TO: HOLY SPIRIT HOSP (!fame of Person or Ent.it.y) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following c:locunent!'l or things: " ~ St,;~ A'!"!'ACti.J:liJ AlJiJ.t:!...L\lLJulvI" " at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135 -----.-.- (Address) You may deliver or mail legible copies of the clocu'nents or produce things requested h this subpoena, together with the certificate of COTPliance, to the party making thir request at the address I isted above, You have the right to seek in a(jvance the reasonab 1. cost of preparing the copies or producing the things sought. I f you fai I to produce the docLrnents or things required by this subpoena within t"'ienty (20) days after its servjce. the party serving thin ~lubpoena may seek a court orde.' compelling you to comply with it. 1l-i I S SUBPOENA WAS I SSUEO AT 1l-IE REQUEST OF THE FOLLCW I NG PERSON: NAl'E: THOMAS WILLIAMS, ESL ADDRESS: -.-4-tJ IJ IlIOH--8'F---------- CARLISLE PA 17103 (215) 335-3212 TELEPl-PNE: Sl.PREI'E CXlUlT ATTORNEY FOR: 10 .~ - DEFENDANT BY Prothonotary/Clerk. Division ~O?-e P.77zOl/lA'''l. ~ _ ... DePuty DATE: <.... 1 ':t .:2ioo ~cY"), Seal 0 the rt '- (Eff. 1/97) II ADDENDUM TO SUBPOENA JvlATSON, ET AL Vs. No. 023917 BUTCHER Cl1STODIAN OF RECORDS FOR: HOLY SPIRIT HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient~ records physical therapy records, and any other information pertaining to: NAME: CODY MATSON ADDRESS: 302 VALLEY ST SUMMERDALE PA DATE OF BIRTH: 04/07/96 SSAN: 800017466 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - .---- ------------ ------------- - - - - --- RECORD CUSTODIAN . COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produoed, ] NO DocUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : ( RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed bate .---- Author~zed signature for HOLY SPIRIT HOSP --- CUMBERLAND M301447-04 *** SIGN AND RETURN THIS PAGE *** , Ii ~, 2> UJ r:'. ::: l..' J"'" ~ 2-1. j~r C) C'- , ' -',,,, '':':, " ~'I L -.../ -' , :-'1 (..,) _~iJ -< PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ;. (Check one) xx ) for JURY trial at the next term of civil court. for trial without a jury. . CAPTION OF CASE (entire caption must be stated in full) CODY MATSON (Minor Child) by his Legal Guardian MELANIE SHEAFFER and MELANIE SHEAFFER his mother, and MICHAEL MATSON, his father, (check: one) Assumpsit (xx) Trespass Trespass (Motor Vehicle) (Plaintiff) (other) vs. ANITA BUTCHER The tnallist will be called on December 14. 2004 and Trials commence on Januarv 18. 200ti (Detenaantl PretnalS will be held on December 22, 2004 (Briets are due 5 days before pretrials.) \IS. (The party Ilisting this case for trial shall provIde forthwith a copy of the praecIpe to all counsel, pursuant tOI local Rule 214.1.) No. 02-3917 Civil ACTION LAW XbQc _4..002 Indicate the attorney who will try case for the party who files this praecIpe: Thomas J. Williams, Esquire, 10 East High Street, Carlisle, PA 17013 Indicate trial counsel for Other partIes If known: Leslie D. JacQ9'p_en.-Es_arl1in~. Rl5.0_D.er.ry Street, Suite A, Harrisburg, PA 17111 This case IS reaav for trral, Siqneo: -"'11M.~~ ~~ - ~~as J. ~liams, Esquire ?nnt Name: ~ttorney _for Defendant l_ \, (') f.: (-. :r.."i,'0l ~1: - - :::,j -c '-11 r-..., C';) ~..) ..t:- -.. -.. C::J "" I t..O o ,'1 --I :r:' -n f11r,:: <J fT1 ::.J C;:1 ;ff~ #6 CODY MATSON (a minor child), by legal guardian and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER his mother, and MICHAEL L. MATSON, his father, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c:' NO. 02-3917 CIVIL TEIiM 1""-..".' t...~--) , :: -'- ~"~~)\ Plaintiffs f~" , r .1 l ~..\ --, v. r.. ) , . .11 _ n \ \ ~~. " ' : ),[ ; "I . ~" Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED -' \ 1\ ANITA BUTCHER, (,' ~ :.. ~ . .~. IN RE: PRETRIAL CONFERENCE A pretrial conference was held Wednesday, December 22, 2004, before the Honorable :~dward E. Guido, Judge. Present for the Plaintiffs was Leslie D. Jacobson, Esquire, and present for the Defendant was Thomas J. Williams, Esquire. This is a dog bite case which the parties anticipate will take two days to try, including jury selection. There are no witness problems or schedulirig conflicts. The parties are directed to exchange an exhibit list by January 3, 2005. Any objections to the admissibility of the exhibits, other than relevance, shall be made in the form of a motion in limine. There are several legal issues the defense indicated it intends to raise. These issues should also be raised in a motion in limine. All motions in limine, with supporting authority, shall be filed by January 10, 2005. All responses, with supporting authority, shall be filed by January 14, 2005. The parties have stipulated to the entry into evidence of the Plaintiff's medical records. They will attempt to reach a stipulation regarding the meaning of the relevant terms and notations in those records. If the parties are not able to reach such a stipulation, Defendant reserves the right to call a medical witness to testify as to the meaning of those terms. The Defendant has agreed that Pooky will not be called as a witness or used as a live exhibit at trial. Plaintiff is demanding $25,000.00 to settle this matter. Defendant has offered $4,000.00. Although settlement negotiations are still ongoing, it does not appear that a settlement is likely. Edward E. Guido, J. Leslie D. Jacobson, Esquire For the Plaintiffs Thomas J. Williams, Esquire For the Defendant Court Administrator srs F:\FILESIDA T AFILEIDonegal3050\Current\217 ,mot 1 Created, 117104 4:56PM Revised' 1/10/05 1:20PM MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Williams, Esquire LD. 17512 Christopher E. Rice, Esquire LD.90916 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant CODY MATSON (a minor child), by legal guardian and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER his mother, and MICHAEL L. MATSON, his father, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 02-3917 CIVIL ACTION LA W v. PRESIDENT JUDGE GEORGE E. HOFFER ANITA BUTCHER, Defendant JURY TRIAL OF TWELVE DEMANDED DEFENDANT'S MOTION IN LIMINE AND NOW, comes Defendant, ANITA BUTCHER, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this Motion in Limine and Brief in Support of the Motion, and moves as follows: 1. On or about September 27, 1998, Defendant, Defendant's daughter, Defendant's fiancee and his daughter ("Amber") took Defendant's dog ("Pooky"), a 6 year old Eskimo Spitz, to the neighborhood park so the children could play. 2. On or about September 27, 1998, Plaintiffs were at the same park as Defendant. 3. Minor Plaintiff, who was two years old at the time and playing on the sliding board with his father, ran up to Pooky and sat on him. 4. Pooky then bit Minor Plaintiff on the cheek. 5. Pooky was at all times under the control of Amber, and Plaintiffs were aware of this and aware of the location of Pooky and the daughter. 6. On August 16, 2002, Plaintiffs filed a Complaint with this Court alleging negligence on the part of Defendant and claiming that Minor Plaintiff suffered injuries from the bite. 7. On November 7, 2002, Defendant filed an Answer to Plaintiffs' Complaint denying any and all claims. 8. On June 11,2003, Defendant filed a Praecipe to list this case for trial. 9. On August 12, 2003, the parties agreed and the Court ordered that the trial be relisted. 10. Thereafter, the trial was relisted. 11. A pretrial conference was had on December 22,2004. 12. This Court has scheduled trial for January 18,2005. I. MOTION IN LIMINE TO PRECLUDE PLAINTIFFS FROM PRESENTING "ENLARGED PHOTOGRAPHS" OF MINOR PLAINTIFF'S INJURIES AS EVIDENCE OF DAMAGES 13. Paragraphs 1-12 are incorporated herein by reference as if fully set forth below. 14. As stated above, Minor Plaintiff sustained injuries as a result of a dog bite. 15. Plaintiffs may attempt to offer into evidence enlarged photographs of Minor Plaintiff (the "photographs") as evidence of his injuries. 16. Defendant believes, and therefore avers, that the authenticity of the photographs is questionable. 17. Defendant has reviewed the photographs of Minor Plaintiff that may be offered into evidence at trial and believes that such photographs do not depict the condition of Minor Plaintiff the day of the event or the injuries that he suffered. 18. Under Pa.R.Evid. Rule 901, Plaintiffs must present evidence that the photographs are of Minor Plaintiffs injuries at the time of the alleged incident between Minor Plaintiff and Pooky, 19. Defendant believes, and therefore avers, that the photographs do not fairly and accurately represent the condition of Plaintiff at the time of the incident or shortly thereafter. 20. The photographs are inadmissible evidence and should be excluded as such. 21. Further, Defendant believes, and therefore avers, that the photographs can be described by both witnesses and through medical records. The grueling photographs not only will incite the jury by their very nature, but their probative value is outweighed by the danger of unfair prejudice towards the Defendant. 22. Even if this Court finds that the photographs are admissible evidence, Defendant maintains that enlarged, colored photographs are inadmissible under Pa.R.Evid. Rule 403, because their probative value is outweighed by the danger of unfair prejudice. 23. Defendant believes, and therefore avers, that enlarging the photographs beyond 5" x 7" or even 4" x 6" would unfairly prejudice Defendant because Plaintiffs are simply trying to incite the jury. 24. Defendant believes, and therefore avers, that colored photographs would unfairly prejudice Defendant because Plaintiffs are simply trying to incite the jury. 25, Enlarged and/or colored photographs serve no purpose in this case but to exaggerate the condition of Minor Plaintiff and to incite the jury, 26. Both witnesses and medical records are available to describe and depict the condition and magnitude of Minor Plaintiff s injuries. 27. Defendant believes that in order to maintain a fair trial, such photographs of Minor Plaintiff and his injuries should be limited to glossy, black and white photographs that are 4" x 6", or at a maximum, 5" x 7". WHEREFORE, Defendant respectfully requests that this Honorable Court grant their Motion in limine, thereby precluding Plaintiffs from presenting any photographs of Minor Plaintiff s injuries as evidence of damages, and in the alternative, limit such photographs to glossy, black and white photographs that are 4" x 6". II. MOTION IN LIMINE TO PERMIT BOTH DEFENDANT AND DEFENDANT'S WITNESSES TO TESTIFY AS TO THE STATEMENT EXCLAIMED BY AMBER EDWARDS REGARDING MINOR PLAINTIFF JUMPING ON THE BACK OF POOKY. THE DOG. AS AN EXCITED UTTERANCE. 28, Paragraphs 1-27 are incorporated herein by reference as if fully set forth below. 29. Defendant was deposed on January 6,2004. A true and correct copy of the relevant portion of the Deposition is attached hereto as Exhibit "A." 30. Defendant testified at the deposition as to the events surrounding the incident between Minor Plaintiff and Pooky. 31. Defendant testified that after the incident, she immediately spoke to Amber, who, as stated above, was in control ofPooky. 32. When asked what happened by Defendant immediately after the incident, Amber stated that "the boy had tried to climb the dog like a horse." (Butcher Deposition at 24). 33. Defendant further testified that when she confronted Amber later that same day, Amber restated her earlier statement. (See Butcher Deposition at 24). 34. Amber made the first statement to Defendant while in an excited state. 35. Amber made the second, but similar statement, to Defendant while in an excited state, 36. Under Pa.R.Evid. Rule 803(2), the statements made by Amber to Defendant were excited utterances and are admissible. WHEREFORE, Defendant respectfully requests that this Honorable Court grant their Motion in limine, thereby qualifying Amber's statements as excited utterances and permitting Defendant to testify as to Amber's statements. III. MOTION IN LIMINE TO ALLOW DEFENDANT TO USE HER NOTES TAKEN AFTER THE ALLEGED INCIDENT TO REFRESH HER RECOLLECTION OF THE EVENTS SURROUNDING THE INCIDENT. 37. Paragraphs 1-36 are incorporated herein by reference as if fully set forth below. 38. Contemporaneous with the incident, Defendant typed notes setting forth details of the incident and the conversations and actions that followed over the next two days. 39. It has been over 6 years since the date of the incident and Defendant's memory is insufficient to accurately recall the incident and surrounding events. 40. Under Pa,R.Evid. Rule 612( a), a witness may use a writing either while testifying or before testifying even though the writing may not be admissible in order to refresh her memory. 41. Defendant will testify at the trial. 42. Defendant should be permitted to use her notes to refresh her memory either while testifying or before testifying. WHEREFO RE, Defendant respectfully requests that this Honorable Court grant their Motion in limine, thereby permitting Defendant to review her notes in order to testify. MARTSON DEARDORFF WILLIAMS & OTTO By CL 4 ,r J:?_________ Thomas J. Williams, Esquire AttorneyI.D. No.17512 Christopher E. Rice, Esquire Attorney I.D. No. 90916 10 East High Street Carlisle, P A 17013 (717) 243-3341 Date: January 10,2005 Attorneys for Defendant I) (f) , '. + 1/ :~i~ ;, '" ~~U- U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 BEFORE THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CODY MATSON, (a minor child) by legal guardian and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER, his mother, and MICHAEL MATSON, his father, PLAINTIFF NO. 02-3917 VS. CIVIL ACTION ANITA BUTCHER, DEFENDANT JURY TRIAL OF TWELVE DEMANDED DEPOSITION OF ANITA BUTCHER Verbatim transcript of hearing held at the Law Offices of Leslie D. Jacobson, 8150 Derry Street, Harrisburg, Pennsylvania, on Tuesday, January 6, 2004 11:35 A.M. APPEARANCES: LESLIE DAVID JACOBSON, ESQUIRE 17 8150 Derry Street Harrisburg, PA 17111-5260 18 19 For - Plaintiff THOMAS J. WILLIAMS, ESQUIRE 20 Martson Deardorff Williams and Otto Ten East High Street 21 Carlisle, PA 17013 22 23 24 25 For - Defendant CAPITAL CITY REPORTING SERVICE 8150 DERRY STREET SUITE C HARRISBURG, PENNSYLVANIA 17111 TELEPHONE: (717) 561-0503 FAX: ( 717) 561 - 0537 EXIBIT."A" I i 1 , , ! ..- 1 2 3 4 24 Q And when did that relationship end? A August of '99. Q Now, would that also be true of Amber? 5 You don't see Amber anymore? 6 7 A Correct. 8 Amber about the incident after? Q Did you have any conversations with 9 10 11 A Yes. Q Do you recall what she told you? A Yes. Immediately after it happened, I 12 asked her what happened, and she said the boy 13 had tried to climb the dog like a horse. 14 15 Q Okay. And? A At that point, I left to follow the 16 parents. And then when I came back 17 18 19 20 dog? 21 22 23 24 Q I'm sorry for interrupting you. A I'm sorry. Go ahead. Q Amber said the boy tried to mount the A Right. Q And then what happened? 25 place at the moment I walked back and then I A At that point, that conversation took followed the parents to the house. I I i- t , 1 " L I ! : i ~ , , ' '1 J- 1 2 25 Q Okay. And was that the end of your 3 discussion with her-- 4 5 6 7 A No. Q - -on that day? A No. After I left their house and went back to the park, I talked to her again. She 8 said basically the same thing. 9 Okay. And what happened after? Did she Q 10 tell you what happened or that she saw what 11 happened after the little boy tried to mount the 12 dog? 13 14 A No. All she said was, he tried to climb up and the dog bit him. That was it. 15 16 17 18 Q Did she tell you where the dog bit him? A No. Q Did you have any other discussions 19 with Amber after that day? 20 A I'm not sure. I don't think so, but 21 I'm not sure. 22 Q How about your daughter? Did you speak 23 to your daughter? 24 A After I came back from the house back 25 tot he par k , I tal ked to A man d a a 1 so, and she ~""'i1"~~'.--'-~'-"'"~'''..'-''''''''''.ll;lI,'1It''...,....:-" . 1 . .. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Motion in Limine was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Leslie D. Jacobsen, Esquire 8150 Derry Street Harrisburg, PA 17111 MARTSON DEARDORFF WILLIAMS & OTTO ~~/O{JAA~_,~ () T. aD. Eckenroad VC/1 Vj/(J~ en East High Street Carlisle, P A 17013 (717) 243-3341 Dated: January 10, 2005 , " ~. , ~: .~ Q - .- ~~4 -< r...:> c-...> c-::;. c.n C- o ., -~ ::':" n1F -n Lil :iJ \........- ~~:;~~ ('-) . ,.):'rJ >~I 'r> T:::J :" ):..J<''' = o -;-~ -p -"" f:? f"",J en Law Office of Leslie D. Jacobson 8150 Derry Street Harrisburg, PA 17111-5260 Leslie D. Jacobson, Esquire Phone: (717) 909-5858 Facsimile: (717) 909-7788 CODY MATSON (a minor child), by his Legal guardians and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER, his mother, and MICHAEL L. MATSON, his father, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3917 - OVIL ACTION - LAW v. ANITA BUTCHER Defendant JURY TRIAL DEMANDED PLAINTIFFS MOTION IN LIMINE AND NOW COMES, Plaintiffs, through their attorneys, the Law Offices of Leslie D. Jacobson, and move this Honorable Court to preclude the testimony of Kit Moss. In support thereof, Plaintiffs avers the following reason(s): 1. Plaintiff served Defendant with its First Set of Interrogatories on May 29, 2003, asking Defendant to disclose any witnesses expected to testify at trial. 2. Defendant's July 30, 2003 answer to Plaintiffs First Set of Interrogatories did not include Ms. Moss. 3. Plaintiff deposed Defendant on January 6, 2004, at which time Defendant first mentioned Ms. Moss as a witness expected to testify at trial. 4. During January 6, 2004 deposition, Plaintiff questioned Defendant as to what Ms. Moss would be testifying to and Defendant objected. Counsel was offered the opportunity to respond and declined. (See Deposition of Anita Butcher Page 29 line 12 thru page 31 line 22). 5. Defendant has not supplemented its July 30, 2003 answer to Plaintiffs First Set of Interrogatories to include Ms. Moss. Pa. R.C.P. 94007.4(1). 6. Introducing Ms. Moss's testimony would unfairly advantage Defendant. WHEREFORE, Plaintiff moves that this Honorable Court preclude the Defendant from introducing the testimony of Kitt Moss in any way during trial. 0, (\\ (, / I I / ~Ie D.~bf~1 /LA( ~ 1 Attorney 1.D. # 52673 1 1 0 8150 Derry Street Harrisburg, PA 17111-5~6) Phone: (717) 909-5858 'v Facsimile: (717) 909-7788 Counsel for Plaintiffs 2 29 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Their story? A Um-hmm. Q Meaning the information you were receiving from them-- A Correct. Q --was getting worse regarding Cody's condition? A I think the second time, I talked to the father. Q Okay. All right. Now, I had asked your attorney, and it's okay if your attorney answers this question. Have you determined of these particular people which or whom you intend to call at trial? I mean, I'm directing the question to you, but it's okay if your attorney answers for you if you don't know. MR. WILLIAMS: Yeah. She wouldn't know. MR. JACOBSON: That's fine. MR. WILLIAMS: All of them. MR. JACOBSON: Robert? MR. WILLIAMS: Um-hmm. MR. JACOBSON: And Amber and Amanda are EXHIBIT "A" ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 all on your witness list? MR. WILLIAMS: Yes, they are. MR. JACOBSON: Is there anybody else on the witness list? MR. WILLIAMS: Yeah. I gave you the witness list. I forget who's on it. I think the animal control officer is on it. I think there's a neighbor. I can't think of the neighbor's name off hand. BY MR. JACOBSON: Q Do you happen to remember the-- A Kit Moss. COURT REPORTER: What is it? MR. WILLIAMS: Kit Moss? THE WITNESS: Kit, K-i-t, Moss, M-o-s-s. BY MR. JACOBSON: Q Okay. So, we have Robert, Amber, Amanda, the animal officer whose name -- A Tony Beck. COURT REPORTER: B-e-c-k? MR. JACOBSON: And he's the animal officer for? MR. WILLIAMS: East Pennsboro Township. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 31 BY MR. JACOBSON: Q And have you received the copy of the report from Tony yet? MR. WILLIAMS: No. MR. JACOBSON: Okay. Will you share that with me when you get it, if you can? MR. WILLIAMS: Absolutely. BY MR. JACOBSON: Q Now, Kit Moss is your neighbor? A No. She lives next door to Melanie. Q Next door to Melanie? And what is it that she would be telling us? MR. WILLIAMS: She's not going to answer that. MR. JACOBSON: You can answer it. MR. WILLIAMS: No. No. She's not going to answer it. MR. JACOBSON: No. I said you can. MR. WILLIAMS: Kit Moss, I don't know that I have it with me. Of course MR. JACOBSON: Excuse me for a second. (Off the record.) MR. WILLIAMS: Okay. Back on the Law Office of Leslie D. Jacobson 8150 Derry Street Harrisburg, PA 17111-5260 Leslie D. Jacobson, Esquire Phone: (717) 909-5858 Facsimile: (717) 909-7788 CODY MATSON (a minor child), by his Legal guardians and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER, his mother, and MICHAEL l. MATSON, his father, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3917 - CIVIL ACTION - LAW v. ANITA BUTCHER Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ih day of January 2005, I Chad J. Julius, Legal Assistant at the Law Offices of Leslie D. Jacobson, attorney for the Defendant hereby certify that on this day I served the within Plaintiffs Motion in Limine upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Thomas J. Williams, Esquire MDW & 0 10 E. High Street Carlisle, PA 17013 LAW OFFICES OF LESUE . JACOBSON /2~ ' ~~ } By: / /' I ~ J. Juli , Legal Assistant 8150 DerrY Street, Suite A Harrisburg, PA 17111.5260 717-909.5858 3 o r- ':--;;; ri"~ ;-. -."' ~- . ;;~~ -', -<.;. ~ r~~:;,:) = c.n ~ ....._.'t' ~ o -n ::;i pi 1 :::D r- -~Ii'l :~ r;J :..) , ---jC) ~~r~ 3i ;;~ ~~ :n .-( N -::~ N 01 Law Office of Leslie D. Jacobson 8150 Derry Street Harrisburg, PA 17111-5260 CODY MATSON (a minor child), by his Legal guardians and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER, His mother, and MICHAEL L. MATSON, his father, Plaintiffs Leslie D. Jclcobson, Esquire Phone: (717) 909-5858 Facsimile: (717) 909-7788 IN THE COURT OF COMMON PLEAS CUMBERlJ"ND COUNTY, PENNSYLVANIA NO, 02-3917 - CIVIL ACTION - LAW v. ANITA BUTCHER Defenda nt JURY TRIAL DEMANDED RESPONSE TO NOTICE TO ATTEND AND NOW comes Plaintiff's, through their attorneys, the Law Offices of Leslie D. Jacobson, and respond to Defendant's Notice to Attend. In support thereof, Plaintiff avers the following reason(s): 1. Cody was 2 years of age at the time of the incident in question, having no recollection of the details of the incident. By mutual agreement, Cody will not testify, 2. Cody is now a 9 year old child, whom may become restless and fidgety, which may cause a disruption in the proceedings. 3, Cody has expressed, to his parents, his wish not to be present in the courtroom, 4. Cody has expressed reselVation and fear toward the demand for him to attend the trial. 5, Cody has been exposed to and has suffered enough throughout this case. WHEREFORE, Plaintiffs move that this Honorable Court issue a protective order, if deemed necessary, so that the minor, Cody Matson, is not required to attend Trial I Date: 12 January 2005 ~ ( I'J_eSlie D. Jacobson, Es Attorney I.D. # 52673 8150 Derry Street Harrisburg, PA 17111-5 6 I'hone: (717) 909-5858 IFacsimile: (717) 909-7788 Counsel for Plaintiffs Law Office of Leslie D. Jacobson 8150 Derry Street Harrisburg, PA 17111-5260 Leslie D, Jacobson, Esquire Phone: (717) 909-5858 Facsimile: (717) 909-7788 CODY MATSON (a minor child), by his Legal guardians and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER, His mother, and MICHAEL L MATSON, his father, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3917 - CIVIL ACITON - LAW v. ANITA BUTCHER Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 12'" day of January, 2005, I Tammy L Ketterer, paralegal at the Law Offices of Leslie D. Jacobson, attorney for the Defendant hereby certify that on this day I served the within Response to Notice to Attend upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, which service satisifies the requirements of the Pennsylvania Rules of Civil Procedure: Thomas J. Williams, Esquire MDW&O 10 E. High Street Carlisle, PA 17013 LAW OFFICES F LESLIE D. JACOBSON LU.O r~..} <:-_-::~ ,_~.J1 ,- ~. -" r, ~1 o Go) c-::1 o ------------- F \FlLES\DA T AFlLE\Donega13050\Current\217 ans 1 Created: \!7!C4 4:56PM Re~ised 1113/053:00PM MARTS ON DEARDORFF WILLIAMS & OTTO Thomas J. Williams, Esquire LD.17512 Christopher E. Rice, Esquire LD,90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CODY MATSON (a minor child), by legal guardian and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER his mother, and MICHAEL 1.. MATSON, his father, Plaintiffs NO, 02-3917 CNIL ACTION LAW v. PRESIDENT JUDGE GEORGE E, HOFFER ANITA BUTCHER, Defendant JURY TRIAL OF TWELVE DEMANDED DEFENDANT'S ANSWER TO PLAINTIFFS' MOTION IN LIMINE AND NOW, comes Defendant, Anita Butcher, by and through her attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and files this Answe'r to Plaintiffs' Motion in Limine as follows: 1-2. Denied. Plaintiffs' Interrogatories asked for witnesses to the incident or those having knowledge ofthe incident. See copy attached. Kit Moss was neither a witness to the incident, nor a person having knowledge of the incident and so her name was not included. By way of further answer, decisions as to trial witnesses were not made until the case was listed for trial and the Pre- Trial Memorandum was prepared, filed, and served on Plaintiffs' counsel. The Pre-Memorandum did list Kit Moss as a witness, By way of further answer, Kit Moss was disclosed to Plaintiffs as a person possibly having relevant information concerning the issues of the case over a year ago. See the attached letters from Defendant's counsel to Plaintiffs' counsel dated September 19, 2003, and October 2,2003. 3, Denied as stated, See above, Defendant disclosed Kit Moss as a trial witness in 2003, See attached letters, See also deposition transcript extracts attached to Plaintiffs' Motion. 4. Admitted. There is no way Defendant would know what testimony Kit Moss would offer at a trial. That decision was solely within the realm of defense counsel. Asking a party at deposition what a certain witness will testify to at trial is not a proper question, Had Defendant been asked, for example, what Kit Moss told her, that question would have been considered proper and answered by Defendant; however, how much, if any, of what Kit Moss told Defendant would be offered as trial testimony is a totally different issue, If Plaintiffs' counsel thought that the witness should have answered the question, then Plaintiffs' counsel should have filed a Motion to Compel and this could have been resolved long ago, rather than at this late stage, 5. Admitted, See above, 6. Denied, Kit Moss could have been located, interviewed and/or deposed by Plaintiffs at any time during the course of this case. Moreover, Kit Moss was a neighbor of Plaintiffs and Plaintiffs arguably knew her better than Defendant, who is merely an acquaintance. WHEREFORE, Defendant prays your Honorable Court to deny Plaintiffs' Motion to preclude the trial testimony of Kit Moss. MARTS ON DEARDORFF WILLIAMS & OTTO B\1~~~am:~~ Attorney LD, No.17512 Christopher E. Rice, Esquire Attorney Lo' No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 13, 2005 Attorneys for Defendant (e) ANSWER: (a) (b) (c) (d) (e) Each exclusion, if any, in the policy which is applicable to any claim there under and any reasons, if any, why you or the carried claim the exclusion is applicable. Donegal Insurance Company Anita Butcher; G 106 74 50 To be provided To be provided Not applicable. 4. Factual basis for claims and defenses. - State with particularity the factual basis for each claim or defense you are asserting in your answers to the Complaint ANSWER: See Answer With New Matter to Plaintiff's Complaint. (a) 6, Witnesses.-- (b) ANSWER: (a) Identify each person who (1) Was a witness to the incident through sight or hearing and/or (2) Has knowledge of facts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident With respect to each person so identified, state that person's exact location and activity at the time of the incident Robert Edwards Amanda Butcher Amber Edwards Melanie Sheaffer (b) All witnesses were relaxing in the park. 7. Statements.-- If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: (a) The identity of such person; (b) When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and (c) The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. ANSWER: All statements are attached to Defendant's Response to Plaintiffs Request for Production of Documents. 8, Reports ofincident.-- (a) Identify documents (except reports of expert subject to Pa. R.c.p, No. 4003,5) which describes the incident or the cause thereof; (b) Was this incident reported to any governmental authority, if so please identify; (c) Was any reports issued? (d) Was any citations issued? ANSWER: I did not make a report, but I understand Plaintiffs did, See No. 10, 9. Demonstrative evidence. - If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the incident, state: (a) The nature or type of such item; (b) The date when such item was made; (c) The identity of the person that prepared or made each item; and MDW&.O INfORMATION' ADViCE' ADVOCACY September 19, 2003 ArrORNEYS & COUNSELLOll.S AT LAW WILLIAM F. MARTSON JOHN B. FOWLER I![ EDWARD L SCHORPP DANIEL K. DEARDORFF THOMAS J. WILl,IAMS * lvo V. OTTO I![ GEORGE B. FAlLERJR.. * CARL C. RlSCH DAVm R.GALLOWAY ANTHONY T. LUCiDO "'BOARD CERTIFIED CIVIL TRIAL SPECIALIST TEN EAST HIGH STRE.~T CARUSLE, PENNSYlVANIA 17013 TELEPHONE FACSIMILE INTERNET (717) 243-3341 (717) 243,1850 www.mdwo.com Leslie D. Jacobsen, Esquire 8150 Derry Street Harrisburg, P A 17111 ~ @1 (Q) @ RE: Cody Matson (a minor child) by his legal guardian, Melanie Sheaffer and Melanie Sheaffer his mother and Michael L. Matson, his father v, Anita Butcher No. 02-3917 Cumberland County C.C,p, Our File No. 3050.217 Dear Leslie: As per your request, a list of the witnesses which I intend to call at trial are as follows: 1. Anita Butcher 2. Robert Edwards 3. Mandy Edwards 4. Amber Edwards 5. Tony Beck 6. Kit Moss Very truly yours, MARTSON DEARI)ORFF WILLIAMS & OTTO Thomas J, Williams TJW/jlb cc: Donegal Insurance Company Attention: Mr. D, Michael Faust (GI06745051) F'\FILES\DA T AFlLE\DonegaI3050\U:tter>\217 .Uil.5 J N FOR tv! AT] 0 N . A D vie E . A D v 0 CAe Y '''' MDW&c5 INFORMATION' ADVlCE. ADvoCACY Octaber 2, 2003 ATTORNEYS & COUNSELLORS AT lAW WILLIAM F. MARTSON ]OHN.B. FOWLER III EDWARD L. SCHORPP DANIEL K. DEARDORFF THOMAS). WILLIAMS * Ivo V Ono III GEORGE B, FAllER JR. * CARL C. RISCH DAVID R. GAllOWAY ANTHONY T. LUCIDO *BOARD CERTIfIED CIVIL TRIAL SPECIALIST TEN EAST HIGH STREET CARLISLE, PENNSYLVANIA 17Q 13 TELEPHONE (717) 243-3341 FACS1MILE (717) 243-1850 INTERNET www.mdwo.com Leslie D, Jacabsen, Esquire 8150 Derry Street Harrisburg, P A 17111 RE: Cady Matson (a minar child) by his legal guardian, Melanie Sheaffer and Melanie Sheaffer his mather and Michael L. Matsan, his father v. Anita Butcher Na, 02-3917 Cumberland County C.C.P. Our File Na. 3050,217 Dear Leslie: /' -' Belaw is a list ,of the witnesses which I intend to call at trial along with whatever additional information we have that you requested as follows: 1. Anita Butcher - P. O. Bax 254, Summerdale, PA 17093, 717-728-9339 Subject of Testimany: Direct knowledge afthe incident in question 2, Robert Edwards - client's boyfriend Subject of Testimany: Direct knowledge ,of the incident in question 3. Mandy Edwards - client's boyfriend's daughter Subject of Testimany: Direct knowledge ,of the incident in question 4. Amber Edwards - client's daughter Subject of Testimany: Direct knowledge' of the incident in question 5. Tony Beck - Animal Control Officer of East Pennsboro Tawnship Subject of Testimony: Investigation of incident in question 6, Kit Moss - Summerdale, P A 17093 Subject of Testimany: Knowledge of prior provocations ,of dags by minor Plaintiff Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Williams TJW/jlb cc: Donegal Insurance Company Attention: Mr, D. Michael Faust (G10674505l) r:\FlLES\DA T AFlLE\Donega13050\Letters\217.ij12 I N FOR MAT ION . A D V [ C E . A D V 0 CAe Y '" CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy ofthe foregoing Defendant's Answer to Plaintiffs' Motion in Limine was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Leslie D, Jacobsen, Esquire 8150 Derry Street Harrisburg, P A 17111 MARTS ON DEARDORFF WILLIAMS & OTTO ~/LZ/J4/~ff1j ~a D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 13, 2005 o -n ,- co (.,,-) .....;.. {}'l J~<lge ~'~k/Proth ~taff _ COURTROOM NO.: g.o-.. VS ~..dd<;/I -- DATE: / liP IF'; <;- / I R~ndom No. CASE NO.: to Ct'lrl--; f'r7:J ~ 0..) P-..I t1 DOCKET NO.: () 1. - :1'('/7 Juror #~ Name t fl?) '2 ~ 3 @ 2 , :; .Lj Q1) ~@) to ~ 6 ~~ -c;1 ~qi ~ to 1 Jl 32 , h 18 2:1 'J /'L ~8 1\ I 16 A2. 7 ' :;0 29 26 WERT, ROBERT W, RIPPLE, RICHARD A" JR SCHREFFLER. FRANK G, JR COOMIlg, PIIILUP W N[ULLEI~, BellI TETER. LEONA MASTRIAN, NANCY A, PATTERSON, JOY F, PIPLR, ICA '{ KENNETT, KATHERINE ANNE KEARNEY, KEVIN D, fl~G~I,J (',\7~T ~l'\Tn) "TnT FT }1 GANGE, R ANNE MILLER. MARK K NAUGLE, DANIEL E. :5CIILU3:=:[R, RTTTH lVICNJLHUL, rKA1~LJj::'LA CALE, USA G, WINDOMAKER. MATTHEW n NOEL, MICHAEL M, IlfiII\JJi:S, 'fII\Jfi FULTO~'r 1~~ETTE D, BJURSTROM, JOSEPHINE M. PIPER. SHERRY L BIGGS (MC CUNTOCK), DENISE A. STETTER. DOROTHY M, JOH' (WOLFE), KAREN E. BANKS, MIC L '~., DUGAN, THERESA TRUONG, ANH DANG PAJAK, CHRISTO, R T THUMMA OOD A. II B T, JONATHANS, CAUK, ROBERT A, HAA5, USA MARIE H, -2144205163 -1659728549 -1625095477 -I4843~3I3~ 41 12~lggS9gg fJO P -765995736 -436844397 -429961991 P -~nl';7W5 ,..)0 -178278044 -151714254 -155476779 A 2. -51023195 5972247 41909004 .,S97731 4. ') f 264628148 -+> 0 386046720 492068758 565460202 30Vl:JJ84~ ,)Q r ~L-f 39 4 1 40 14 48 20 Tuesday, January 18, 2005 Do? 1/~ 64344 940636462 1059601862 1071722663 1106059856 1427292111 1693607945 1768546224 1832227167 1892911130 2109870334 21 61 Page 1 ofl - --;JEI2S0/0dL ~,>L1R..7 - 5:2l-I-&.c( Law Office of Leslie D. Jacobson 8150 Derry Street Harrisburg, PA 17111-5260 Leslie D, Jacobson, Esquire Phone: (717) 909-5858 Facsimile: (717) 909-7788 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNl'Y, PENNSYLVANIA CODY MATSON (a minor child), by his Legal: guardians and mother, MELANIE SHEAFFER,: and MELANIE SHEAFFER, his mother, and MICHAEL L. MATSON, his father, Plaintiffs NO. 02-3917 - CIVIL ACTION - LAW v. PRESIDENT JUDGE GEORGE E. HOFFER ANITA BUTCHER Defendant JURY TRlA.L OF lWELVE DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S ~'OTION IN LIMINE AND NOW COMES, Plaintiffs, through their attorneys, the Law Offices of Leslie D. Jacobson, and requests this Honorable Court to deny Defendant's Motion in Limine. In support thereof, Plaintiffs avers the following reason(s): 1. Plaintiffs non response to any specific paragraph to DEFENDANTS MOTION IN liMINEis not an admission to any averment. I. Plaintiff's resoonse to Defendant's Motion In Limine to Preclude Plaintiffs from Presenting nEnlaraed Photoaraohs" of Minor Plaintiff's Iniuries as Evidence of Damaaes. 2. The averment contained in Paragraph 1 is incorporated herein by reference. 3. Plaintiff intends to offer into evidence enlarged 11x14 color photographs (the "photographs'') of Minor Plaintiff at trial. 4. The photographs are of injuries suffered by Minor plaintiff after he was attacked and bitten by Defendant's dog ("Pooky"). 5. The photographs were taken at the time of the incident or shortly thereafter. 6. Plaintiff intends to offer the original photographs into evidence. 7. The enlarged photos are identical to those taken at the time of the incident or shortly thereafter. 8. Defendant avers that the enlarged photos are inadmissible and the probitive value of the larger photographs is outweighed by the danger of unfairly prejudicing Defendant. In supporting her averments Defendant cites Commonwealth of Pennsylvania v. Sullivan, 371 A.2d 468 (1977). 9. The Sullivan case is a homicide case and the holding is intended to be applied only to homicide cases. (See Sullivan at 482). 10. Plaintiff further notes that the Sullivan court allowed the graphic photographs because they aided the jury in their understanding of the alleged crime. (ld). 11. Plaintiff intends to use the enlarged photographs to aid the jury in their understanding of the incident, more specifically the injuries suffered by Cody. 12. The probative value of these photos far outweighs any alleged prejudice. WHEREFORE, Plaintiff moves that this Honorable Court deny Defendant's Motion In Limine to Preclude Plaintiffs from Presenting "Enlarged Photographs" of Minor Plaintiff's Injuries as Evidence of Damages. II. PlaintifFs response to Defendant's Motion In Limine to Permit Both Defendant and Defendant's Witness to Testify as to the statement Exclaimed by Amber Edwards ReaardinG Minor Plaintiff JumDinG on the Back of Pookv. the DOG. As An Excited Utterance. 13, The averments contained in Paragraph 1 though 11 are incorporated herein by reference. 14. Defendant avers that the statement "the boy tries to clime the dog like a horse" made by Amber to Defendant in response to questions after the incident are excited utterances and are admissible. 15. An excited utterance is a spontaneous declaration by a person whose mind has been suddenly made subject to an overpowering emotion caused by some unexpected and shocking occurrence, which that person has just participated in or closely witnessed, and made in reference to some phase of that occurrence which he perceived; and if this declaration is made so near the occurrence both in time and place as to exclude the likelihood of its having emanated in whole or in part from his reflective faculties it may be admissible. Commonwealth of Pennsylvania v, Gore 396 A2.d 1302, 1305 (1978). Further, in assessing a statement offered as an excited utterance, the court must consider, inter alia, whether the declarant has any opportunity to speak with others and whether, in fact, she did so. Commonwealth of Pennsylvania v, Carmody799 A.2d 143, 147 (2002). 16. Amber's statements to Defendant were made in response to a question and not subject to the overpowering emotion caused by an unexpected and shocking occurrence. 17. Amber's statement did not occur so near both in time and place as to exclude the likelihood of its having emanated in whole or in part from her reflective faculties. WHEREFORE, Plaintiff requests this Honorable Court to deny Defendant's Motion In Limine to Permit Both Defendant and Defendant's Witness to Testify as to the statement Exclaimed by Amber Edwards Regarding Minor Plaintiff Jumping on the Back of Pooky, the Dog, As an Excited Utterance. III. Plaintiff's resoonse to Defendant's Motion In Limine To Allow Defendant To Use Her Notes Taken After the Alleged Incident To Refresh Her Recollection of The Events SurroundinG The Incident. 17. Plaintiff served Defendant with its First Set of Interrogatories and Request for Production of Documents on May 29, 2003, asking Defendant to disclose all documents prepared by Defendant that describe the incident. 18, During her January 6, 2004 deposition, Counsel told Defendant she could not use her notes to refresh her memory of the events surrounding tl1e incident. (See Deposition of Anita Butcher Page 27 line 4 thru line 16, copy attached hereto). 19. Defendant has not supplemented its July 14, 2003 answer to Plaintiffs Request for Production of Documents to include Defendant's notes. Pa, R,C.P. 9 4007.4(1), 20, Defendant has not supplemented its July 30, 2003 answer to Plaintiffs First Set of Interrogatories to include Defendant's notes. Pa. R.C.P. 94007.4(1). 21. Allowing Defendant to use her notes taken after the incident without having been produced as requested, would unfairly advantage Defendant. WHEREFORE, Plaintiff requests that this Honorable Count deny Defendant's Motion In Limine to allow Defendant to use her notes taken after the alle~led incident to refresh her recollection of the events surrounding the incident. < ~c ~ eslie D. Jacobson, E Attorney 1.D, # 52673 8150 Derry Street Harrisburg, PA 17111-52 Phone: (717) 909-5858 Facsimile: (717) 909-7788 Counsel for Plaintiffs 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 Q Does she live by herself? A Yes. Q Okay. Now, did you have any contact or conversations with the mother after that day? A Yes. Q What took place? A That evening, I called her to see how the boy was, and the next day, she called me. Q Okay. Well, let's talk about the first phone call that night. A Okay. Q Did you get an answer from her? A Am I allowed to look at ahy notes? MR. WILLIAMS: No. THE WITNESS: No? Okay. The first night, it was either her or her husband. I think it was her that I talked to when I called, and they told me that they had taken him to the hospital and then taken him to the second hospital. I'm trying to separate the Sunday night and Monday morning phone calls because they were so close together. That's what I'm trying to do. Law Office of Leslie D. Jacobson 8150 Derry Street Harrisburg, PA 17111-5260 Leslie D. Jacobson, Esquire Phone: (717) 909-5858 Facsimile: (717) 909-7788 CODY MATSON (a minor child), by his Legal guardians and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER, his mother, and MICHAEL L. MATSON, his father, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3917 - CIVIL ACTION - LAW v. PRESIDENT JUDGE GEORGE E. HOFFER ANITA BUTCHER Defenda nt JURY TRIAL OF IWELVE DEMANDED CERTIFICATE OF SERVICIE AND NOW, this 14th day of January 2005, I Chad J, Julius, Legal Assistant at the Law Offices of Leslie D. Jacobson, attorney for the Defendant hereby certify that on this day I served the within Plaintiffs Response to Defendant's Motion in Limine upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Thomas J. Williams, Esquire MDW&O 10 E. High Street Carlisle, PA 17013 .-~ c...... C", , " C,";' \-.) U' Law Office of Leslie D. Jacobson 8] 50 Derry Street Harrisburg, PA ]7] 11-5260 Leslie D. Jacobson, Esquire Phone, (717) 909-5858 Facsimile: (717) 909-7788 CODY MATSON (a minor child), by his Legal guardians and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER, his mother, and MICHAEL L. MATSON, his father, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3917 - CIVIL ACTION - LAW v, ANITA BUTCHER Defendant JURY TRIAL DEMANDED PETITION FOR APPROVAL OF SETTELEMENT AND NOW COMES, Plaintiffs, through their attorneys, the Law Offices of Leslie D. Jacobson, and move this Honorable Court to approve this petition of settlement. In support thereof, Plaintiffs state the following: I. On January 18, 2005 at the close of Plaintiffs' case, Plaintiffs and Defendant reached an agreement on settlement in the amount of seven thousand five hundred dollars and zero cents ($7,500.00). 2. In sole consideration of$7,500.00 Plaintiffs have entered into a release and indemnity agreement in the form provided by Defendant. Please see Parents' Release and Indemnity Agreement attached as exhibit "A" and incorporated by reference. 3. Proceeds of said settlement are to be distrusted as follows: (a) $4302.55 payable to Cody Matson and to be placed into a custodial account on behalf of Cody Matson with one or both of his parents to serve as custodian. (b) $500.00 payable to Michael L. Matson and Melanie Sheaffer Matson for out of pocket expenses, (c) $2,000.00 payable to the Law Offices of Leslie D. Jacobson for attorney's fees. (d) $697,15 payable to the Law Offices of Leslie D. Jacobson for out of pocket expenses. 4. Counsel for Defendant, Thomas J. Williams has concurred with the relief requested. WHEREFORE, Plaintiffs pray this Honorable Court to approve this settlement and authorize Plaintiffs to execute Defendant's release and indemnity agreement on behalf of themselves and Cody Matson, and also authorize Donegal Insurance Company to make a check payable to Melanie Sheaffer Matson and Michael L. Matson, individuals and as parents and natural guardians of Cody Matson, a minor, and their attorney, Leslie D. Jacobson, and for the distribution ofthe settlement funds as set forth in this petition. Respectfully Submitted, Leslie D. Jacobson, Attorney 1.0. # 5267 8150 Derry Street Harrisburg, PA 17111 Phone: (717) 909-585 Facsimile: (717) 909-7788 Counsel for Plaintiffs ff1 )./(105 F;\FJLESIDA T AFlLE\Donegn13050ICulTent\217 xelease PARENTS' RELEASE AND INDEMNITY AGREEMENT KNOW ALL BY THESE PRESENTS: That the undersigned, individually and as legal parents and guardians of Cody Matson, a minor (hereinafter "Releasors"), for the sole consideration of SEVEN THOUSAND FNE HUNDRED ($ 7,500.00), receipt of which is hereby acknowledged, have remised, released and forever discharged and covenant to hold harmless DONEGAL INSURANCE COMPANY, ANITA BUTCHER, their heirs administrators, executors, successors, agents, employees, subsidiaries, affiliates and assigns (hereinafter collectively referred to as "Releasees"), from any and all claims, demands, damages, costs, expenses, loss of services, actions and causes of action, belonging to the said Releasors arising out of any act or occurrence up to the present time, and particularly on account of personal injury, disability, property damage, loss or damages of any kind sustained or that may hereafter be sustained by the said Releasors in consequence of an alleged dog bite that occurred on or about September 27, 1998, and for which suit has been filed in Cumberland County at Docket No. 02-3917. To procure the payment of the stated consideration, the Releasors hereby declare: that no representations about the nature and extent of the said injuries, disabilities or damages made by any physician, attorney or agent of Releasee, nor any representations regarding the nature and extent of legal liability or financial responsibility of any of the parties released, have induced the Releasors to make this Release and Indemnity Agreement: that this Release is entered into in consideration of all known and unknown injuries, disabilities and damages, and also the possibility that the injuries sustained may bepennanent and progressive and recovery therefrom uncertain and indefinite, so that consequences not now anticipated may result from the said accident. The payment made to the undersigned is upon Releasors warrant that no consideration has been received heretofore from any person, firm or corporation, nor has Releasors released heretofore any person, firm or corporation from any claim or liability for the said accident. Releasors agree to indemnify and hold hannless said Releasee from any additional sum of money that Releasee may hereafter be compelled to pay on account of the injuries to said minor because of said accident. The Releasors understand that the Releasees admit no liability of any sort by reason of said accident and that said payment in compromise is made to terminate further expense and controversy respecting all claims for damages that Releasors have heretofore asserted or might personally or through personal representatives herea1ir assert because of said accident. I EXHIBIT "A" WITNESS: Melanie Sheaffer, Individually and as Parent and Guardian of Cody Matson, a minor Michael 1. Matson, Individually and as Parent and Guardian of Cody Matson, a minor COMMONWEALTHOFPENNSYLVANIA ) ): ss. COUNTY OF ) On this, the day of , before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained, JN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Law Office of Leslie D. Jacobson 8150 Deny Street Harrisburg, PA 17111-5260 Leslie D, Jacobson; Esquire Phone: (717) 909-5858 Facsimile: (717) 909-7788 CODY MATSON (a minor child), by his Legal guardians and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER, his mother, and MICHAEL L. MATSON, his father, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3917 - CIVIL ACTION - LAW v, ANITA BUTCHER Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this !l <;; day of January 2005, I Chad J. Julius, Paralegal at the Law Offices of Leslie D, Jacobson, attorney for the Defendant hereby certify that on this day I served the within Plaintiffs' Petition for Approval of Settlement upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Thomas J. Williams, Esquire MDW & 0 10 E. High Street Carlisle, P A 17013 LAW OFFICES OF LESLIE D. JACOBSON / ) ~ i' ,/ / / By: , / .-Julius, al Assistant 8150 Derry Street, Suite A Harrisburg, PA 17111.5260 717-909.5858 r-> C:3 C~ ,,-,' '- ?~ - N Cf\ ."., :;. ~ -' ;r~ -n f:1i:::^';' -00' c"q '(2,(-.; :nj (~2('i <~~ rn ~J :;-~ ..'":... ..''''- .....:", l;-? 1'0) 0:> CODY MATSON, a minor child, by his legal guardians and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER, his mother and MICHAEL L. MATSON, his father, PLAINTIFFS V, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ANITA BUTCHER, DEFENDANT : 02-3917 CIVIL TERM ORDER OF COURT AND NOW, this .-l ~ day of February, 2005, liT IS ORDERED: (1) Approval of the settlement of this minor's claim for $7,500 for Cody Matson, a minor, born April 7, 1996, IS GRANTED. (2) From the settlement, a counsel fee of $2,000, IS APPROVED. (3) From the settlement $500 shall be paid to Mich~lel L. Matson and Melanie Sheaffer for out-of-pocket expenses, (4) Costs of $697,15 are approved to be paid to plaintiffs counsel for out-of- pocket expenses. (5) The net proceeds of $4,302.85 shall be placed in a FDIC insured investment in Americhoice Federal Credit Union, in the name of Cody Matson, born April 7, 1996. (6) The account shall contain the following notation: "NO WITHDRAWAL CAN BE MADE PRIOR TO CODY MATSON, BORN APRIL 7,15196, OBTAINING HIS MAJORITY EXCEPT BY AN ORDER OF A COURT OF COMPETENT JURISDICTION." (7) Melanie Sheaffer and Michael L. Matson are authorized to sign any release necessary to effectuate this settlement, and to then settle and satisfy the docket. (8) Counsel for plaintiff, Leslie D, Jacobson, Esquire, shall file with the Prothonotary, and forward a copy to this chambers, proof of c~mPlian/ith this order. By the G6iJ rt, ,.7 / /!j. Mr' Edgar B, Eiayley, J, ~slie D. Jacobson, Esquire For Plaintiffs ~mas J. Williams, Esquire For Defendant > } :sal ~ 09.-/7-0.5 (:"") >, ;;'} '."'~ ---------- - - Law Office of Leslie D. Jacobson 8150 Derry Street Harrisburg, PA 17111-5260 Leslie D. Jacobson, Esquire Phone: (717) 909-5858 Facsimile: (717) 909-7788 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CODY MATSON (a minor child), by his Legal guardians and mother, MELANIE SHEAFFER, and MELANIE SHEAFFER,h His mother, and MICHAEL L. MATSON, his father, Plaintiffs NO, 02-3917 - OVIL ACTION - LAW v. ANITA BUTCHER Defenda nt JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE ACTION To the Prothonotary: Please mark the above action settled, discontinued, and ended as to the Defendant. LAW OFFICES L slie D. Jacob ID # 52673 Attorney for th laintiff 8150 Derry Street Harrisburg, PA 17111-5260 717-909-5858 Date: 25 February 2005 /-- CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliarns & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Leslie 0, Jacobsen, Esquire 8150 Derry Street Harrisburg, PA 17] II MARTSON DEARDORFF WILLIAMS & OTTO ~... . . /)(1~ () /lJC€4, fl.J {,rj,/::;/ca?q/_ TnCla 0, Eckenroad ' Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: April 26, 2005 n c: --o{~ - t"'!) ~. '. ~--.. '- e'l.< .:;:,' C:~- ...:..~~ ~~ ,.., .= = "J' ".. 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