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HomeMy WebLinkAbout02-4343MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF BEVERLY SHAW and DANIEL NAUGLE: IN THE COURT OF COMMON PLEAS as Parents and Natural Guardians of : CUMBERLAND COUNTY, PENNSYLVANIA ADARIUS NAUGLE, a Minor 366 West Loudon Street, Apt. 4 : NO. Chambersburg, PA 17201, Plaintiff CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 Shippensburg, PA 17257, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO 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 AVISO Le han demandado a usted en la corte. Si usted defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decodor a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 70303 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF BEVERLY SHAW and DANIEL NAUGLE: IN THE COURT OF COMMON PLEAS as Parents and Natural Guardians of : CUMBERLAND COUNTY, PENNSYLVANIA ADARIUS NAUGLE, a Minor (_,<"-"~1-1~-- 366 West Loudon Street, Apt. 4 : NO. Chambersburg, PA 17201, Plaintiff CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 Shippensburg, PA 17257, Defendant : CIVIL ACTION ~ LAW : JURY TRIAL DEMANDED COMPLAINT Plaintiffs, by and through their attorneys, Morgan & Morgan, P.C., hereby complain against Defendants, and aver as follows: 1. Plaintiffs, Beverly Shaw and Daniel Naugle, are adult individuals and the parents and legal guardians of Adarius Naugle, a minor, residing at the above address. 2. Defendants, Chad J. Shifter and Jennifer Shifter, are adult individuals residing at the above address. 3. It is believed and therefore averred that Defendants, individually or jointly, are the owners and landlords of the premises located at 366 West Loudon Street, Apt. 4, Chambersburg, PA, County of Franklin, and that Defendants leased said property to Plaintiffs Beverly Shaw and Daniel Naugle. 4. It is believed and therefore averred that on and before August 2, 2001, Defendants, individually or jointly, owned, possessed and/or controlled the property rented to Plaintiffs at 366 West Loudon Street, Chambersburg, PA. 5. At all times material hereto, Defendants acted individually, jointly or through their agents, servants and/or employees within the course and scope of their agency or employment. 6. On or about August 2, 2001, Plaintiffs were lawfully residing in the said residential property. 7. On that date, while Plaintiffs were exiting the residence, they walked onto the porch of said property, when Adarius Naugle suddenly slipped across the porch and under the railing, falling two stories, causing serious injuries and damages. COUNT I 8. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 7 as if fully set forth at length. 9. Plaintiffs' injuries and damages were caused fully by the negligence, carelessness and recklessness of Defendants, acting individually or jointly or through their agents, servants and/or employees within the course and scope of their employment, to wit: A. Failing to properly maintain the porch and railing of said residential property; B. Failing to respond to complaints about deteriorating -2- conditions of the said property, including, said porch and railing; C. Improperly repairing or arranging for repair of porch and railing at the said property; D. Leasing a property that was not habitable for persons such as Plaintiffs; E. Failing to correct said dangers that posed risks of harm to persons such as Plaintiffs in the said property; F. Failing to maintain the said property according to local codes and ordinances; G. Failing to inspect or properly inspect the said property to identify unreasonable risks of harm; said property; H. Failing to exercise reasonable care in the maintenance and repair of the I. Allowing dangerous conditions to exist on the said property without due regard for the safety of persons such as Plaintiffs; J. Failing to warn Plaintiffs of an unreasonable risk of harm posed by the condition of the said property. 10. As a result of Defendants' misconduct, Minor-Plaintiff suffered injuries and damages which included, but are not limited to, injuries to muscles, bones, nerves, joints and fascia, pain and suffering, mental and emotional distress, some or all of which are or may be continuing in nature. -3- 11. As a result of Defendant's misconduct, Parent-Plaintiffs suffered mental and emotional distress, which may be continuing in nature. 12. As a further result of Defendant's misconduct, Plaintiffs were forced to expend various sums of money for medical care and treatment, which are or may be continuing in nature. 13. As a further result of Defendant's misconduct, Minor- Plaintiffhas been and may continue to be prevented from attending his usual duties and activities, has and may continue to suffer from loss of life's pleasures, and may suffer lost earnings and/or earning capacity. WHEREFORE, Plaintiffs demand judgment against Defendants, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. COUNT II 14. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 13 as if fully set forth at length. 15. Defendants owed Plaintiffs a duty to provide them with a habitable residential property and breached said duty by their conduct aforesaid and because the property they rented to Plaintiffs was unsafe and Defendants knew or should have known of defects rendering the property unsafe. 16. Defendants owed Plaintiffs a warranty of habitability and breached the warranty of habitability to Plaintiffs by their conduct aforesaid and because the property they rented to Plaintiffs was unsafe and Defendants knew or should have known of defects rendering -4- the property unsafe. 17. D ' efendants breach of duty and breach of warranty aforesaid resulted in the injuries and damages detailed above. WHEREFORE, Plaintiffs demand judgment against Defendants, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. DATED: August 5, 2002 MORGAN & MORGAN, P.C. B/~cof~)W. Morgan, E~squire ~tofneys fo CPlairtffffs -5- VERIFICATION Beverly Shaw states that she is Plaintiff and Parent and Guardian of Adarius Naugle, minor Plaintiff in this matter, and that the statements made in the foregoing Complaint are true and correct to the best of her knowledge, information and belie£ She understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. {}4904, relating to unsworn falsification to authorities. Beverly S~ BEVERLY SHAW and DANIEL NAUGLE, as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor 336 West Loudon Street, Apt. 4 Chambersburg, PA 17201, Plaintiffs CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 Shippensburg, PA 17257, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4343 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE BRET J. SOUTHARD hereby certifies that on this '~ day of September, 2002, he filed the original and one copy of the Certificate of Service of Defendants' First Set of Interrogatories Directed to Plaintiffs with Curtis R. Long, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 via U.S. Mail, postage prepaid, First Class rates. He further certifies that on this same date he served the original Defendants' First Set of Interrogatories Directed to Plaintiffs on the following in the manner indicated: Via U.S. Marl. oostane prepaid~ First Class rates: Scott W. Morgan MORGAN & MORGAN 120 South Street Harrisburg, PA 17101-1210 Bret J. Southard BEVERLY SHAW and DANIEL NAUGLE, as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor 336 West Loudon Street, Apt. 4 Chambersburg, PA 17201, Plaintiffs CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 Shippensburg, PA 17257, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4343 Civil Term : CIVIL ACTION - LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE BRET J. SOUTHARD hereby certifies that on this '~ day of September, 2002, he filed the original and one copy of the Certificate of Service of Defendants' First Set of Interrogatories Directed to Plaintiffs with Curtis R. Long, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 via U.S. Mail, postage prepaid, First Class rates. He further certifies that on this same date he served the original Defendants' First Set of Interrogatories Directed to Plaintiffs on the following in the manner indicated: Via U.S. Mail, postage prepaid, First Class rates: Scott W. Morgan MORGAN & MORGAN 120 South Street Harrisburg, PA 17101-1210 Bret J. Southard BEVERLY SHAW and DANIEL NAUGLE as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor 366 West Loudon Street, Apt. 4 Chamersburg, PA 17201, Plaintiffs VS. CHAD J. SHIFLER and JENNIFER SHIFLER, 35 North Earl Street, Apt. 4 Shipppensburg, PA 17257 Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4343 Civil Term : CIVIL ACTION - LAW : JURY TRIAL DEMANDED _. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendants Chad J. Shifter and Jennifer Shifter in the above-captioned matter. MITCHELL, MITCHELL, GRAY & GALLAGHER a professional corporation By: Bret J. Southard I.D.# 59032 10 West Third Street Williamsport, PA 17701 (570) 323-8404 CERTIFICATE OF SERVICE Bret J. Southard hereby certifies that on this ~ day of September, 2002, he filed an original of the foregoing Entry of Appearance with Curtis R. Long, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 by U.S. Mail, Postage Pre-Paid, First Class Rates. He further certifies that on this same date he served a copy of the same upon Plaintiffs' counsel, Scott W. Morgan, Esquire, MORGAN & MORGAN, 120 South Street, Harrisburg, PA 17101-1210 by U.S. Mail, Postage Pre-Paid, First Class Rates. Bret J. Southard SHERIFF'S RETURN - CASE NO: 2002-04343 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHAW BEVERLY ET AL VS SHIFLER CHAD J ET AL REGULAR ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHIFLER CHAD J the DEFENDANT , at 0010:03 HOURS, on the 19th day of September, 2002 at 15 SCP~AFFORD ST SHIPPENSBURG, PA 17257 by handing to JENNIFER SHIFLER (WIFE) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.80 Affidavit .00 Surcharge 10.00 .00 41.80 Sworn and Subscribed to before me this ~ ~ day of ~l~ ~2 ~ ~L~ A.D. ! ~thonotary So Answers: R. Thomas Kline 09/20/2002 MORGAN & MORGAN / Deputy Sheriff SHERIFFIS RETURN CASE NO: 2002-04343 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHAW BEVERLY ET AL VS SHIFLER CHAD J ET AL - REGULAR ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPL~AINT & NOTICE was served upon SHIFLER JENNIFER the DEFENDANT , at 0010:03 HOURS, at 15 SCRAFFORD STREET SHIPPENSBURG, PA 17257 on the 19th day of September, 2002 by handing to JENNIFER SHIELER 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: So Answers: Docketing 6.00 .~9~~ ~ Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 Sworn and Subscribed to before me this ~ day of ! ~rothonotary-' z ' 09/20/2002 MORGAN & MORGAN · /D&puty Sheriff BEVERLY SHAW and DANIEL NAUGLE, as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor 336 West Loudon Street, Apt. 4 Chambersburg, PA 17201, Plaintiffs CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 Shippensburg, PA 17257, Defendants. BEVERLY SHAW and DANIEL NAUGLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4343 Civil Term : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED ; ; ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendants Chad J. Shifter and Jennifer Shifter in the above-captioned matter. MITCHELL, MITCHELL, GRAY & GALLAGHER a professional corporation BY:~~'~d. ID #59032 Bret J South , 10 West Third Street Williamsport, PA 17701 (570) 323-8404 BEVERLY SHAW and DANIEL NAUGLE, as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor 336 West Loudon Street, Apt. 4 Chambersburg, PA 17201, Plaintiffs CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 Shippensburg, PA 17257, Defendants. BEVERLY SHAW and DANIEL NAUGLE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4343 Civil Term .. : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED .. ._ : .. _. _. _. _. _. CERTIFICATE OF SERVICE BRET J. SOUTHARD hereby certifies that on this ~) day of October, 2002, he filed the original and one copy of the foregoing Entry of Appearance with Curtis R. Long, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013- 3387 via U.S. Mail, postage prepaid, First Class rates. He further certifies that on this same date he served the original Defendants' First Set of Interrogatories Directed to Plaintiffs on the following in the manner indicated: Via U.S. Mail. postage 0repaid, First Class rates: Scott W. Morgan MORGAN & MORGAN 120 South Street Harrisburg, PA 17101-1210 Bret J. Southard BEVERLY SHAW and DANIEL NAUGLE, as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor 336 West Loudon Street, Apt. 4 Chambersburg, PA 17201, Plaintiffs CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 Shippensburg, PA 17257, Defendants. BEVERLY SHAW and DANIEL NAUGLE TO: c/o: Plaintiffs Scott W. Morgan MORGAN & MORGAN 120 South Street Harrisburg, PA 17101-1210 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4343 Civil Term : .. : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED .- .. .. _. .. _. .. .. .. NOTICE YOU are hereby notified and required to plead to the within Answer and New Matter within twenty (20) days from the date of service hereof. NOTE: YOU are hereby warned that if you fail to plead as notified and required, the action will proceed without you and you will be liable to have a default judgment entered against you in your absence. MITCHELL, MITCHELL, GRAY & GALLAGHER a profession~oration /.% Bret J. S6~-thard I.D.# 59032 10 West Third Street Williamsport, PA 17701 (570) 323-8404 BEVERLY SHAW and DANIEL NAUGLE, as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor 336 West Loudon Street, Apt. 4 Chambersburg, PA 17201, Plaintiffs CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 Shippensburg, PA 17257, Defendants. BEVERLY SHAW and DANIEL NAUGLE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4343 Civil Term .. .. : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED _. _. ANSWER AND NOW, come the Defendants, by and through their attorneys, Bret J. Southard and MITCHELL, MITCHELL, GRAY & GALLAGHER, and file the within Answer and New Matter of which the following is a statement: 1. Denied pursuant to Pa. R.C.P. 1029(e). 2. Admitted that Chad and Jennifer Shifter are adult individuals. Denied that the address provided is correct. Denied pursuant to Pa. R.C.P. 1029(e). Denied pursuant to Pa. R.C.P. I029(e). Admitted. 6. Admitted. 7. After reasonable investigation, answering Defendants are without sufficient length herein. 9. knowledge or information to form a belief as to the troth or falsity of the allegations set forth in this paragraph. Consequently, the allegations are denied. Alternatively, denied pursuant to Pa. R.C.P. 1029(e). COUNT I Paragraphs I through 7 are incorporated by references as though fully set forth at Denied pursuant to Pa. R.C.P. 1029(e). 9.a. throughj. Denied pursuant to Pa. R.C.P. 1029(e). 10. Denied pursuant to Pa. R.C.P. 1029(e). 11. Denied pursuant to Pa. R.C.P. 1029(e). 12. Denied pursuant to Pa. R.C.P. 1029(e). 13. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants demand judgment in their favor. COUNT II Paragraphs 1 through 13 are incorporated by references as though fully set forth at 14. length herein. 15. Denied as a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is required, the allegations set forth in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 16. Denied as a legal conclusion to which no responsive pleading is required. To the extem a responsive pleading is required, the allegations set forth in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 17. Denied as a legal conclusion to which no responsive pleading is required. To the extent a responsive pleading is required, the allegations set forth in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants demand judgment in their favor. NEW MATTER 18. The relationship between the parties is governed by a lease, a copy of which is attached hereto, made a part hereof and marked "Exhibit A." 19. The lease provides, inter alia, that maintenance is to be provided by the tenant and that the tenant acknowledges that the property "is in good and satisfactory order and repair." 20. At all times relevant hereto the Defendants were landlords out-of-possession. 21. Upon information and belief, at all times relevant hereto, the minor child was in the custody of and under the supervision of his parents. 22. At all times relevant hereto, the parent Plaintiffs failed to provide appropriate supervision for their child. 23. The accident at issue was caused by third parties over whom the Defendants had no control. 24. length herein. 25. WHEREFORE, Defendants demand judgment in their favor. NEW MATTER PURSUANT TO Pa. R.C.P. 2252(d) Paragraphs 1 through 23 are incorporated by references as though fully set forth at Upon information and belief, the minor child was in the custody of and under the supervision of his parents. 26. Upon information and belief, the injuries and damages alleged in Plaintiffs' Complaint were caused solely by the failure of the parents to properly supervise their child. 27. The claims of the parent Plaintiffs are barred by virtue of their own comparative and/or contributory negligence. 28. Alternatively, the Plaintiffparents are solely liable on the child's cause of action and/or liable over to the Defendants on the child's cause of action and/or jointly or severally liable with the Defendants on the child's cause of action. WHEREFORE, Defendants demand judgment in their favor. MITCHELL, MITCHELL, GRAY & GALLAGHER a professional corporation Bret J. Southard, I.D. #59032 10 West Third Street Williamsport, PA 17701 (570) 323-8404 VERIFICATION We hereby affirm that the following facts are correct: We, Chad and Jennifer Shifter, are authorized to enter into this Verification in the foregoing action. The foregoing Defendants' Answer and New Matter is based upon information which has been furnished to counsel and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the foregoing document is that of counsel and not of us. We have read the foregoing document and to the extent that the same is based upon information which we have given to counsel, it is tree and correct to the best of our knowledge, information and belief. To the extent that the content of the foregoing document is that of counsel, we have relied upon counsel in making this Verification. We hereby acknowledge that the facts set forth in the foregoing document are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. Date Chad Shifter Jenn~er S~'~ BEVERLY SHAW and DANIEL NAUGLE, as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor 336 West Loudon Street, Apt. 4 Chambersburg, PA 17201, Plaintiffs CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 Shippensburg, PA 17257, Defendants. BEVERLy SHAW and DANIEL NAUGLE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4343 Civil Term .. .. : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED : ._ .. .CERTIFICATE OF SERVICE BRET J. SOUTHARD hereby certifies that on this '-/ day of November, 2002, he filed the original and one copy of the foregoing Answer and New Matter with Curtis R. Long, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013- 3387 via U.S. Mail, postage prepaid, First Class rates. He further certifies that on this same date he served tree and correct copies upon the following in the manner indicated: ¥ia U.S. Mail, oostaee prepaid, First Class rates Scott W. Morgan MORGAN & MORGAN 120 South Street Harrisburg, PA 17101-1210 Bret J. Southard MORGAN & MORGAN, P.C. BY: SCOTt W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF BEVERLY SHAW and DANIEL NAUGLE: IN THE COURT OF COMMON PLEAS as Parents and Natural Guardians of · CUMBERLAND COUNTY, PENNSYLVANIA ADARIUS NAUGLE, a Minor Plaintiff · NO. 02-4343 · CIVIL ACTION - LAW CHAD J. SHIFLER and JENNIFER SHIFLER Defendants · JURY TRIAL DEMANDED PLAINTS' REPLY TO NEW MATTER OF DEFENDANTg Plaintiffs, through their attorneys Morgan & Morgan, P.C., hereby responds to New Matter of Defendant, and avers as follows: 18. The reference lease is not attached to Plaintiffs' copy of the Answer with New Matter and, therefore, at~er reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of this allegation and it is therefore deemed DENIED. 19. See response to paragraph 18. 20. After a reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the troth of this allegation and it is therefore demed DENIED. 21-23. The allegations of these paragraphs are DENIED as conclusions of law to which no answer is required. Without waiver of same, Plaintiffs deny they were at any time material hereto negligent or that they provided inappropriate supervision of their child; and, on the contrary, their conduct was at all times prudent and proper under the circumstances. WHEREFORE, Plaintiffs request that New Matter be dismissed and judgment entered in their favor and against Defendants. DATED: November I~, ,2002 MORGAN' & MORGAN, P.C. .~6ott~. M~rgaTn, EsXekuire VERIFICATION Scott W. Morgan, Esquire states that he is counsel of record for Plaintiffs in the within action, is authorized to take this Verification on their behalf, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. He understands that the statements in s~fid pleading are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. sott ~I g~quire CERTIFICATE OF SERVICE I, Scott W. Morgan, Esquire, hereby certify that service of the original within Plaimiffs' Reply to New Matter of Defendants was made on this I c~ day of November, 2002, to the persons below named, by First Class United States Mail, postage prepaid. Bret J. Southard, Esquire MITCHELL, MITCHELL., GRAY & GALLAGHER 10 West Third Street Williamsport, PA 17701-6513 MORGAN & MORGAN, P.C. S~ott ~5~rgan, E)tl~uire Sou stab. et Ham~-~burl~, PA"I%t~- 1210 (717) 236-7959 Attorneys for Plaintiffs BEVERLY SHAW and DANIEL NAUGLE, as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor 336 West Loudon Street, Apt. 4 Chambersburg, PA 17201, Plaintiffs Ve CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 Shippensburg, PA 17257, Defendants. BEVERLY SHAW and DANIEL NAUGLE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND, COUNTY, PENNSYLVANIA : : NO. 02-4343 Civil Term : CIVIL ACTION - LAW : : JURY TRIAL DiEMANDED : : : : .. : .. : : CERTIFICATE OF SERVICE BRET J. SOUTHARD hereby certifies that on this~-~' day of November, 2002, he filed the original and one copy of this Certificate of Service of Defendants' Answers to Interrogatories with Curtis R. Long, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 via U.S. Mail, postage prepaid, First'Class rates. He further certifies that on this same date he served the original Defendants' Answers to Interrogatories on the following in the manner indicated: Via U.S. Mail, postage prepaid, First Class rates: Scott W. Morgan MORGAN & MORGAN 120 South Street Harrisburg, PA 17101-1210 Bret J. Southard BEVERLY SHAW and DANIEL NAUGLE, as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor 336 West Loudon Street, Apt. 4 Chambersburg, PA 17201, Plaintiffs CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 , Shippensburg, PA 17257, Defendants. : _. V. : BEVERLY SHAW and DANIEL : NAUGLE : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4343 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE BRET J. SOUTHARD hereby certifies that on this~--~' day of November' 2002, he filed the original and one copy of this Certificate of Service of Defendants' Answers to Interrogatories with Curtis R. Long, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 via U.S. Mail, postage prepaid, First'Class rates. He further certifies that on this same date he served the original Defendants' Answers to Interrogatories on the following in the manner indicated: Via U.S. Mail, vostaee prepaid, First Class rates: Scott W. Morgan MORGAN & MORGAN 120 South Street Harrisburg, PA 17101-1210 Bret J. Southard CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSU~ TO RULE 4009.22 IN THE MATTER OF: SHAW AND NAUGLE COURT OF COMMON PLEAS TERM, SHIFLER -VS - .CASE NO: 02-4343 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRET J. S0UTHARD, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/18/2003 Attorney for DEFENDANT DEll-393603 2 O 3 82 --LO 1 coMMONWEALTH OF COUNTY OF PENNSYLVANIA CUMBERLAND IN THE MATTER OF: SHAW AND NAUGLE SHIFLER -VS - COURT OF COMMON PLEAS TERM, CASE NO: 02-4343 NOTICE OF ~ TO SERVE A SUBPO~LA TO PRODUCE ~S AND_ · r~lgGS FOR DISCO~d(Y PU~U~UANW TO RD~.R 4009.21 FRANKLIN COUNTY PEDIATRIC ASS0 CHAMBERSBURG HOSPITAL NILTON S. HERSHEY NED. CTR MEDICAL RECORDS MEDICAL RECORDS MEDICAL RECORDS TO: SCOTT W. MORGAN, ESQUIRE MCS on behalf of BRET J. SOUTHARD, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waited or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 01/28/2003 CC: BRET J. SOUTHARD, ESQ. - 17487 MCS on behalf of BRET J. SOUTHARD, ESQ. Attorney for DEPENDANT Pmy questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-214090 20 3 8 2 --CO i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHAW AND NAUGLE VS SHIFLER File No. 02-4343 SUBPOENA TO PRODUCE DOCUMENTS OR THINGE FOR DISCOVERY PURSUANT TO RULE 4009_~ TO: CUSTODIAN OF RECORDS FOR: FRANKLIN COUNTY PEDIATRICS (Name of Person or Entity) Within twenty (20) days after service of this su_b~_oen, a~_Eo.u _a~__e ordered by the court to produce the following documents~or things: ~l~t~ ATTACHED at MCS GROUP INC., 1601 I~RKET ST.,#800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: BRET J. SOUTHARD. ESQ ADDRESS: 10 WEST THIRD ST. WILLIAMSPORT, PA 17701 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATI'ORNEY FOR: n~wnANT DATE: -- Deputy Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FRANKLIN COUNTY PEDIATRIC ASSO 176 S. COLDBROOK AV CHAMBERSBURG, PA 17201 RE,: 20382 ADARIUS NAUGLE Entire med. ical file, including but not limited to any and all records, corresponaence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject: ADARIUS NAUGLE 165 SOUTH 3RD STREET, CHAMBERSBURG, PA Date of Birth: 06-20-2000 SU10-421904 2 0 3 82 --LO 1 CERTIFICATE PREREOUISITR TO SERVICR OF A SUBPORNA PURSU2~NT TO RULE 4009.22 IN THE MATTER OF: SHAW AND NAUGLE COURT OF COMMON PLEAS TERM, SHIFLER -VS- CASE NO: 02-4343 AS a prerequisite to service'~f a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRET J. SOUTHARD, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/18/2003 MC$ on behalf of BRET J. SOUTHARD, ESQ. Attorney for DEFENDANT DEll-393604 20 3 8 2 --LO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: SHAW AND NAUGLE SHIFLER -VS - COURT OF COMMON PLEAS TERM, CASE NO: 02-4343 FRAI~LIN COUI~'Y PEDIATRIC ASSO~t;~RDICAL RECORDS CHANBERSBURG HOSPITAh NR~ICAL RECORDS NILTON S. HRRSHRY NRD. CTR lq~DICAL RRCORDS TO: SCOTT N. NOROAR, ESQUIRE ~CS on behalf of BP~T J. SOVfRARD, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fro~ the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty, day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to NCS or by contacting our local NCS office. DATE: 01/28/2003 CC: BRRT J. ~OUTRA~, EH. - 17487 RCS on behalf of B~T J. SO--un, ESQ. Attorney for DEF~ANT Any questions regarding th~s matter, contact TRR RCS GROUP INC. 1601NARKRT START ~800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-214090 20 3 8 2 --CO i 'COMMOI~ALTH OF PENNSYLV~dWI^ COUNTY OF CUMBERLAaND SBAW AND SHIFLER NAUGLE VS File No. 02-4343 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009-~ TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subl~oena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC., '1601 MARKET 'ST.,I~800, PHILA.,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the addr~s 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 m produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may ~ek a court order comFelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: N;di4F.: BRET J. SOUTBARD.E~Q ADDRESS: 10 WEST THIRD ST. WILL IAMSPORT, PA 17701 TELEPHONE: 215-246-0900 SUPREME COURT ID ~ ATFORNEY FOR: n~m Aw,, DATE: Seal of the COurt EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHAMBERSBURG HOSPITAL ! 12 NORTH SEVENTH ST. CHAMBERSBURG, PA 17201 RE: 20382 ADARIUS NAUGLE Entire hospital medical f'rie, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, fries, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's commems, dietary restrictions, and,.all patie,nt consent, or refu. sal of treatment, procedures, tests, and/or meolcat.lon,.~ab .a~. d diagnostic te. st results, including any and all such items as may oe storea m a computer aatabase or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: uo to and including the present. Subject: ADARIUS-NAUGLE 165 SOUTH 3RD STREET, CHAMBERSBURG, PA Date of Birth: 06-20-2000 SU10-421906 2 0 3 8 2 --LO 2 CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSU2~ TO RULE 4009.22 IN THE MATTER OF: SHAW AND NAUGLE COURT OF COMMON PLEAS TERM, SHIFLER -VS- CASE NO: 02-4343 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of BRET J. SOUTHARD, ESQ. certifies that (1) ~ notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sou§hr to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 02/18/2003 MCS on behalf of BRET J. SOUTHARD, ESQ. Attorney for DEFENDANT DEll-393605 2 O3 82--LO 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: SHAW AND NAUGLE SHIFLER -VS- COURT OF COMMON PLEAS TERM, CASE NO: 02-4343 FRANKLIN COUNTY PEDIATRIC ASSO MEDICAL R~CORDS CH~IBERSBURG HOSPITAL I~DICAL R~CORDS MILTON S. HERSHEY MED. CTR IIRDICAL RECOILDS TO: SCOTT #. MORGAN, ESQOIRB MCS on behalf of BRET J. SOUTHARD, ES9, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days fro. the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena.. If the twenty, day notice period is -aived or if no objection is made, then the subpoena may be served. Co~lete copies of any reproduced record~ may be ordered at yO~Lr expense b~ completing the attached counsel card and returning same to N~S or b~ contacting our local MCS office. DATE: 01/28/2003 CC: BRFF J. SOUTHARD, ESQ. - 17487 NCS on behalf of B~BTJ. ~O~TRa~n, ESQ. Attorney for DEFB]IZ)MIT Any questions regarding this matter, contact THE liCE GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-214090 2 0 3 8 2--C0 i · COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHAW AND NAUGLE VS SHIFLER File No. 02-4343 SUBPOENA TO PRODUCE DOCUMENTS OR THING~c FOR DISCOVERY PURSUANT TO RULE 4009~9 TO: CUSTODIAN OF RECORDS FOR: THE MILTON (Name of Per, on or ~fi~) Within ~en~ (20) days Mter ee~ice of t~ sub~, you ~e ordered by the cou~ to produce the [ollowing d~uments or things: SEE ATTA~D at MCS GROUP INC., 1601 MARKET 'ST. ,#800, PHILA. ,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAMF~ BRET J. SOUT~ARn. ESO ADDRESS: 10 WEST THIRD ST. WILLIAMSPORT, PA 17701 TELEPHONE: 215-246-0900 SUPREME COURT ID #: AI~ORNEY FOR: n~ ~z~rn ANT DATE: Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MILTON S. HERSHEY MED. CTR 500 UNIVERSITY DR PO BOX 853 HERSHEY, PA 17033 RE: 20382 ADARIUS NAUGLE Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, fries, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, tests, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: ADARIUS NAUGLE 165 SOUTH 3RD STREET, CHAMBERSBURG, PA Date of Birth: 06-20-2000 SU10-421908 2 03 82--L03 BEVERLY SHAW and DANIEL NAUGLE, as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor 336 West Loudon Street, Apt. 4 Chambersburg, PA 17201, Plaintiffs CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 Shippensburg, PA 17257, Defendants. Vo BEVERLY SHAW and DANIEL NAUGLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4343 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF DEPOSITIONS TO: c/o Beverly Shaw and Daniel Naugle Scott W. Morgan, Esquire MORGAN & MORGAN, P.C. 120 South Street Harrisburg, PA 17101-1210 PLEASE TAKE NOTICE that on Monday, April 28, 2003, at 11:00 AM and 12:00 noon, Bret J. Southard, Esquire will take the depositions of Beverly Shaw and Daniel Naugle, respectively, at the offices of Scott W. Morgan, MORGAN & MORGAN, P.C., 120 South Street, Harrisburg, PA 17101-1210. The depositions will be conducted in the presence of a certified court reporter pursuant to Pennsylvania Rules of Civil Procedure and shall continue until completed. MITCHELL, MITCHELL, GRAY & GALLAGHER a professional corporation Bret J. Southard, I.D. #59032 10 West Third Street Williamsport, PA 17701 (570) 323-8404 (570) 323-8585 Facsimile BEVERLY SHAW and DANIEL NAUGLE, as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor 336 West Loudon Street, Apt. 4 Chambersburg, PA 17201, Plaintiffs CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 Shippensburg, PA 17257, Defendants. Ve BEVERLY SHAW and DANIEL NAUGLE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4343 Civil Term : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE BRET J. SOUTHARD hereby certifies that on this ~ [ day of March, 2003, he filed the original and one copy of the foregoing Notice of Depositions with Curtis R. Long, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 via U.S. Mail, postage prepaid, First Class rates. He further certifies that on this same date he served tree and correct copies upon the following in the manner indicated: Via U.S. Mail, oostaee orepaid~ First Class rates: Scott W. Morgan MORGAN & MORGAN 120 South Street Harrisburg, PA 17101-1210 Bret J. Southard BEVERLY SHAW and DANIEL NAUGLE, as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor 336 West Loudon Street, Apt. 4 Chambersburg, PA 17201, Plaintiffs Ve CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 'Shippensburg, PA 17257, Defendants. Vw BEVERLY SHAW and DANIEL NAUGLE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4343 Civil Term : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED NOTICE OF DEPOSITIONS TO: c/o Beverly Shaw and Daniel Naugle Scott W. Morgan, Esquire MORGAN & MORGAN, P.C. 120 South Street Harrisburg, PA 17101-1210 PLEASE TAKE NOTICE that on Wednesday, June 4, 2003, at 11:00 AM and 12:00 noon, Bret J. Southard, Esquire will take the depositions of Beverly Shaw and Daniel Naugle, respectively, at the offices of Scott W. Morgan, MORGAN & MORGAN, P.C., 120 South Street, Harrisburg, PA 17101-1210. The depositions will be conducted in the presence of a certified court reporter pursuant to Pennsylvania Rules of Civil procedure and shall continue until completed. MITCHELL, MITCHELL, GRAY & GALLAGHER a professional corporation Bret J.~ard, I.D. #59032 10 West Third Street Williamsport, PA 17701 (570) 323-8404 (570) 323-8585 Facsimile BEVERLY SHAW and DANIEL NAUGLE, as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor 336 West London Street, Apt. 4 Chambersburg, PA 17201, Plaintiffs Ve CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 Shippensburg, PA 17257, Defendants. Vt BEVERLy SHAW and DANIEL NAUGLE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4343 Civil Term : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE BRET J. SOUTHARD hereby certifies that on this 7 day of May, 2003, he filed the original and one copy of the foregoing Notice of Depositions with Curtis R. Long, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 via U.S. Mail, postage prepaid, First Class rates. He further certifies that on this same date he served tree and correct copies upon the following in the manner indicated: yia U.S. Mail, postaee prepaid, First Class rates' Scott W. Morgan MORGAN & MORGAN 120 South Street Harrisburg, PA 17101-1210 Bret J. Southard BEVERLY SHAW and DANIEL NAUGLE, as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor 336 West Loudon Street, Apt. 4 Chambersburg, PA 17201, Plaintiffs CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 Shippensburg, PA 17257, Defendants. BEVERLy SHAW and DANIEL NAUGLE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4343 Civil Term : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED _. .NOTICE OF DEPOSITIONS TO: ¢/o Beverly Shaw and Daniel Naugle Scott W. Morgan, Esquire MORGAN & MORGAN, P.C. 120 South Street Harrisburg, PA 17101-1210 PLEASE TAKE NOTICE that on Wednesday, August 6, 2003, at 11:00 AM and 12:00 noon, Bret J. Southard, Esquire will take the depositions of Beverly Shaw and Daniel Naugle, respectively, at the offices of Scott W. Morgan, MORGAN & MORGAN, P.C., 120 South Street, Harrisburg, PA 17101-1210. The depositions will be conducted in the presence of a certified court reporter pursuant to Pennsylvania Rules of Civil Procedure and shall continue until completed. BEVERLY SHAW and DANIEL NAUGLE, as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor 336 West Loudon Street, Apt. 4 Chambersburg, PA 17201, Plaintiffs CHAD J. SHIFLER and JENNIFER SHIFLER 35 North Earl Street, Apt. 4 Shippensburg, PA 17257, Defendants. BEVERLy SHAW and DANIEL NAUGLE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 02-4343 Civil Term _. : : CIVIL ACTION - LAW _. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE BRET J. SOUTHARD h~reby certifies that on this 2,7 day of June, 2003, he filed the original and one copy of the foregoing Notice of Depositions with Curtis R. Long, Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 via U.S. Mail, postage prepaid, First Class rates. He further certifies that on this same date he served true and correct copies upon the following in the manner indicated: Via U.S. Mail, oostage prepaid, First Class rates, Scott W. Morgan MORGAN & MORGAN 120 South Street Harrisburg, PA 17101-1210 MITCHELL, MITCHELL, GRAY & GALLAGHER a professional corporation j~,/' et~ Southard, I.D. #59032 10 West Third Street Williamsport, PA 17701 (570) 323-8404 (570) 323-8585 Facsimile: MORGAN & WILKEN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101 (717) 236-7959 ATTORNEYS FOR PLAINTIFF BEVERLY SHAW and DANIEL NAUGLE: IN THE COURT OF COMMON PLEAS as Parents and Natural Guardians of ADARIUS NAUGLE, a Minor Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4343 : CIVIL ACTION - LAW CHAD J. SHIFLER and JENNIFER SHIFLER : JURY TRIAL DEMANDED Defendants PETITION FOR COURT APPROVAL OF MINOR'S SETTLEMENT Plaintiff, by his attorneys, Morgan & Wilken, P.C., hereby petition the Court to approve this minor's settlement, and aver the following in support thereof: 1. Plaintiff, Beverly Shaw and Daniel Naugle, are parents and natural guardians of Adarius Naugle, who is 3 years old, and was born on June 20, 2000. 2. On August 2, 2001, Adarius fell off a seconcl floor deck and suffered a head injury. 3. Adarius was taken to Hershey Medical Center, where he was admitted for a closed head injury, skull fracture and right clavicle fracture. He did not receive surgery and was discharged from the hospital the next day. 4. On his follow up visit with the neurosurgeon, Dr. Mark Dias, four weeks later on August 31, 2001, Dr. Dias determined that Adarius had made a complete recovery neurologically and he was discharged from care. In addition, the pediatric surgeon, Dr. Robert Cilley, also discharged him from his care on August 29, 2001. A copy of the reports of Dr. Cilley and Dr. Dias are attached hereto as Exhibits "A" and 'B." Adarius Naugle made an excellent recovery from his accident and had no further treatment. 6. Adarius Naugle's parents filed suit against the landlord of the property, Chad and Jennifer Shifter, on June 11, 2002. 7. After completion of discovery, the Defendants offered $7,500.00 in settlement of Adarius Naugle's claim. 8. Beverly Shaw, parent and guardian of Adarius Naugle, agrees to the settlement and believes it is in the best interest of her child. A copy of the Consent to Settlement is attached hereto as Exhibit "C." 9. Adarius Naugle's medical bills were paid by the Department of Public Welfare, which has agreed to reduce its lien to $1,412.29, and to accept payment out of the settlement proceeds. A copy of the November 3, 2003 letter fi:om DPW is attached hereto as Exhibit "D. ". 10. The settlement is in the best interest of Adarius Naugle in that he has made a complete recovery from his injuries and the settlement will pay for his medical bills and other fees and allow him to place $3,459.49 into a federally insured interest bearing account that will appreciate until his majority. 11. Plaintiffs retained the law firm of Morgan & Wilken, P.C. to represent them in connection with this accident, and signed a contingent fee agreement, which they have agreed to reduce to twenty-five percent (25 %). A copy of the fee agreement is attached hereto as Exhibit "E." The attorney's fee is $1,875.00. 12. Morgan & Wilken, P.C. expended $753.22 in litigation costs to prosecute this action, and it will be reimbursed from the settlement proceeds. 13. The Department of Public Welfare will be l~,eimbursed $1,412.29 in satisfaction of their medical lien. 14. The settlement proceeds payable to Adarius Naugle, the minor Plaintiff, will be $3,459.49. These funds will be deposited into an interest bearing account at a federally insured institution with the appropriate notation that rto withdrawals may be made except upon Order of Court or until the minor attains his majority. 15. Upon approval of this settlement, Plaintiffs will be required to sign a release discharging Defendants and their liability insurance carrier from further liability relative to this accident. WHEREFORE, Plaintiff requests this Court to enter the attached Order approving this minor's settlement. DATED: November 3~ ,2003 MORGAN & WILKEN, P.C. B {ott W. M~_a_n, E~quire A~t~me~fol"'Pla~tiJf, Adarius Naugle STATE Milton S. Hershey Medical Center College of Medicine Stacie Marrie, M.D. Franklin County Pediatrics 176 South Coldbrook Avenue Chambersburg, PA 17201 August 29, 2001 RE: NAUGLE, Adarius Dear Dr. Marrie: MSHMC# 1168093 We saw Adarius and his family in follow up after his two-story fall on August 2, 2001. He sustained a closed head injury, skull ~racture and right clavicle fracture at that time. He required.n~o 9perative treatme_l~t. He returns now about four weeks after surgery. His family states that he is ambulating without difficulty, eating without problems, having normal bowel and bladder fuuction. His speech has interestingly improved since the fall and his vocabulary has expanded by a number of words. He is sleeping through the night. He has no bistorical evidence of any focal neurologic problems. His head is normal in shape. There is no evidence of external trauma. The bruising and abrasions on the right side are completely healed. His lungs are clear. Heart is regular. Abdomen: Soft and non-tender. His right clavicle is a little tender to palpation. There is no obvious deformity on the outside. He has good range of motion is all of his extremities. Muscle strength is 5/5 and the appearance of cranial nerve function is intact. Adarius has had an uneventful recovers' after a troublesome fall four weeks ago with no evidence of neurologic sequelae. We will plan cn seeing him on a prn basis. He has a follow up visit with the Orthopedic Surgeons regarding his clavicle fracture. We are happy to be able to participate in his care. Call us for questions. Sincerely, Robert E. Cilley, M.D. REC/asap ENNSTATE Milton S. Hershey Medical Center College of Medicine Division of Neurosurgery M.C. H110 P.O Box 850 Hershey, PA 17033-0850 7] 7 531 8807 Tel 717 531 3858 Fax August31,2001 Dr. Stacie M. Marrie Franklin County Pediatrics 176 S. Coldbrook Averme Chambershurg, PA 17201 RE: Adar/ns A Naugle MSHMC# 1168093 Dear Dr. Marrie: I saw Adarius in follo,~mp on 8/31/01 in my office. As you know, Adarius was admitted on August 2"a here at the Perm State Hershey Medical Center following a fall from a second-story balcony. He sustained a left parietal skull fracture and a clavicular fracture. He was managed jointly by the trauma and neurosurgical teams. He did well and was able to be discharged hame within a day or so. Following discharge, he has done well. There are no headaches, nausea, vomiting, seizures, changes i~ behavior, changes in cognitive performance, or other signs or symptoms of intra:ranial hypertension. His behavior has returned to normal. His mom has absolutely no concerns. They have noted no swelling on his scalp. Review of systems and past medical history were reviewed ,and were ¢~therwise noncontributory. On examination, the patient is awake, alert, and engaging. Pupils are equal, round, and reactive to light 2 nm~. Extraocular movements are full without limitation of up gaze, extraocular palsies, or nystagmus. Facial movements are symmetrical. The tongue is rrfidline. Strength, tone, and coordination are all age-appropriate and symmetrical. DTRs are synurmtrical at 2+ without ankle clonus. Gait and station are age-appropriate. His scalp has no swelling, and there is no bony defect or other evidence of trauma. His neck and supple and has full range of motion. In suntraary, Adarius is doing well from a neurosurgical perspective, and I have uo concerns. I'll discharge h/m from my care at this point, to follow up on an as-needed basis. If any further questions or problems arise, please don't hesitate to call. Skncerely, Mark S. Dias, MD, FAAP Associate Professor Pediartic Neurosurgery MSD:gcc F:\naugleadar083101 Equal Gpparlunily UniversiW CONSENT TO MINOR'S SETTLEMENT I, Beverly Shaw, am the mother and guardian of Adarius Naugle. I believe the settlement of my son's case against Chad and Jennifer Shifter is in his best interest and I consent to the settlement with the insurance company for $7,500.00 on his behalf. Beve~y Shaw,/4~ar~t a~d Natural Guardian of A~:fari}/s Naugle, a Minor "C" MORC~ & ~;iLKEN ~C SCOTT W MORGA~ ESQUIRE 120 SOUTH ST H~RISB%~ PA 17101 2003 Re: ADkRIU$ NAUGLE The Department of P~b!ic Welfare maintain~ a lien in the amoun~ o~ ~2,~_20.57 f~r medical assistance on ~he aboYe-re~erenced incident. The Department has a~reed ~o reduce its lie~ by 3~.~ and accept the net paymen~ cf $17412.29 to satisfy the total lien amount;. Checks shoul~ be made payable ~O ~he Depar~men~ of public ~elfar~ and In the aYen= you ~ave already brought or will b:=ing any ac=ion resulting additional unpaid portion of our medical/cash lien. This s=t~le~ent in no -Tha~Lk you for your cooperation in thi~ ~atter. If you have an'}' fur%her Sincerely, Linda C, Price Claims Investigation Agent 717-772-67%1 'EXPENSES Beverly Shaw (Adarius Naugle, minor) 1. 1.30 C/P (Sept., 01) 2. 2.70 c/p (October, 01) 3. 75.50 Prothy (Franklin) 2/02 4. 100.00 Sheriff 5. 1.20 6. 2.55 c/p (Jan., 02) 7. 1.40 c/p (February/March, 02) 8. .70 c/p (4/24/02) 9. 12.00 c/p (April/May, 02) 10. 100.00 sheriff Cumb Cty 11. 45.50 prothy Cumb cty 12. 5.00 - Prothy. (add to Complaint fee) 13. 13.80 c/p (June-Aug., 02) 14. 26.00 c/p (September-Dec., 02) 15. 7.54 color copies of photos (1/20/03) 16. 11.65 c/p (Jan., 03) 17. 6.00 c/p (February, 03 - April, 03) 18. 2.00 c/p (May-July, 03) 19. 327.12 parties depo transcripts 20. 9.51 Duplicate photographs 21. 1.75 c/p (September, 03) Total: $753.22 CONThNGENT FEE AGREEM_~NT Penn.lydia consti~te ~d appoint the law fi~ of Morg~ & Morg~, P.C., Ha~sburg, Penn.lydia ~ my a~omeys to prosecute a claim against all responsible pa~es for recoveu for all damages allowed by law m a result of a ,5 [ ~ 0~ 8- 2- OI I hereby agree that the compensation of my attorneys for legal sev,,ices shall be determined as follows: 1. My ataomeys shall be entitled to one-third of any fund derived from pre- trial settlement of this action before deductions of costs, disbursements and expenses in the investigation and preparation for a trial of the case. 2. My a'aomeys shall be entitled to forty percant (40%) of any fund derived by way of settlement after commencement of trial or of any judgment rendered in my favor by any court of competent jurisdiction, before deduction of costs, disbursements and expenses in the investigation and trial of the case. 3. I agree that all costs, disbursements and expenses in the investigation, preparation for trial and trial of the case shall be reimbursed to my attorneys from any settlement or judgment I may receive. 4. For purposes of determining the applicability of paragraphs (1) and (2) of this Agreement, a trial shall be deemed to have commenced if my attorneys present an opening statement to the Court, panel and/or jury at the trial df this action. 5. It is specifically understood that this Agreement obligates my attorneys to prosecute my claim through a trial only and does not obligate my attorneys to prepare and file post-trial motions or an appeal in the event my claim is not successful in the trial court. If', however, my claim is successful in the trial court, my attorneys are obligated to defend the judgment or award in any post-trial motions or appeals filed by any of the defendants. In the event ! am not successful in the trial court and contrary to the recommendation and advice of' my attorneys, wish to pursue post-tti~l motions or an appeal and instruct my attorneys to do so, I sh~ll compensate my attorneys for ~11 work on the post-tti~l motions or appeals at their normal hourly rate on a monthly basis, and I shall pay them a retainer equal to five hours work before my anorneys begin work on the post-trial motions or appeal. 6. If., prior to the entry ot'judgment in the cour~ having jurisdiction over my claim, my attorneys and I are in disagreement over the handling of the claim in any respect, including but not limited to settlement and I am not willing to follow my attorneys' recommendation~ my attorneys shall have the absolute and unconditional right to withdraw from my representation without penalty or liability and shall be entitled to compensation for their services up to the point of their withdrawal on the b~;is of' quantum merit or at their normal hourly rate, whichever is greater. 7. I understand that the firm of Morgan & lvlorgan, P.C. has given no guarantee regardin$ the successful termination of my clair, and that all expressions by said firm relative to my claim are maners of opinion given in .~,,ood faith. $. I understand that if' I am not successful in the prosecution of my claim in the trial court, any defendant may obtain a judgment of' costs against me. I understand and asree that it will be my responsibility alone to satisfy any such judgment for costs. My attorneys shall have no responsibility for satisfying any such judgment. 2 IN WITNESS WHEREOF, I have executed this Agreement on the day of ~ ~.~--~ , kef .) DEC 0 8 2OO:] MORGAN & WILKEN, P.C. BY: SCOTT W. MORGAN, ESQLqRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF BEVERLY SHAW and DANIEL NAUGLE: IN THE COURT OF COMMON PLEAS as Parents and Natural Guardians of : CUMBERLAND COUNTY, PENNSYLVANIA ADARIUS NAUGLE, a Minor Plaintiff : NO. 02-4343 : CIVIL ACTION - LAW CHAD J. SHIFLER and JENNIFER SHIFLER Defendants : JURY TRIAL DEMANDED ORDER AND NOW this [b~l~ day of ~ , 2003, the within Petition for Minor's Settlement is approved, and is hereby ordered that the sum of $7,500.00 shall be distributed as follows: A. $1,875.00 to Morgan & Wilken, P.C. as compensation for professional services rendered; B. $753.22 to Morgan & Wilken, P.C. to reimburse it for advances made on behalf of Plaintiff; C. $1,412.29 payable to Department of Public Welfare to reimburse it for medical assistance made in connection witb the subject injury; D. $3,459.49 to Adarins Naugle, which sum shall be placed in a Certificate of Deposit or other federally insured account and payable upon order of court or when Adarius Naugle reaches majority. Plaintiff, Beverly Shaw, is hereby authorized to execute a release to the Defendant and its liability insurance carrier on behalf of Adarius Naugle. Jo MORGAN & WlLKEN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101 (717) 236-7959 ATTORNEYS FOR PLAINTIFF BEVERLY SHAW and DANIEL NAUGLE: 1N THE COURT OF COMMON PLEAS as Parents and Natural Guardians of ADAR1US NAUGLE, a Minor Plaintiff Vr CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4343 CIVIL ACTION - LAW CHAD J. SHIFLER and JENNIFER sI-mTLER : JURY TRIAL DEMANDED Defendants PETITION FOR COURT APPROVAL OF MINOR'S SETTLEMENT Plaintiff, by his attorneys, Morgan & Wilken, P.C., hereby petition the Court to approve this minor's settlement, and aver the following in support thereof: 1. Plaintiff, Beverly Shaw and Daniel Naugle, are parents and natural guardians of Adarius Naugle, who is 3 years old, and was born on June 20, 2000. 2. On August 2, 2001, Adarius fell off a second floor deck and suffered a head injury. closed head injury, skull fracture and right clavicle fracture. was discharged from the hospital the next day. 3. Adarius was taken to Hershey Medical Center, where he was admitted for a He did not receive surgery and 4. On his follow up visit with the neurosurgeon, Dr. Mark Dias, four weeks later on August 31, 2001, Dr. Dias determined that Adarius had made a complete recovery neurologically and he was discharged from care. In addition, the pediatric surgeon, Dr. Robert Cilley, also discharged him from his care on August 29, 2001. A copy of the reports of Dr. Cilley and Dr. Dias are attached hereto as Exhibits "A" and "B." 5. Adarius Naugle made an excellent recovery from his accident and had no further treatment. 6. Adarius Naugle's parents flied suit against the landlord of the property, Chad and Jennifer Shifter, on June 11, 2002. 7. After completion of discovery, the Defendants offered $7,500.00 in settlement of Adarius Naugle's claim. 8. Beverly Shaw, parent and guardian of Adarius Naugle, agrees to the settlement and believes it is in the best interest of her child. A copy of the Consent to Settlement is attached hereto as Exhibit "C." 9. Adarius Naugle's medical bills were paid by the Department of Public Welfare, which has agreed to reduce its lien to $1,412.29, and to accept payment out of the settlement proceeds. A copy of the November 3, 2003 letter from DPW is attached hereto as Exhibit "D. ". 10. The settlement is in the best interest of Adarius Naugle in that he has made a complete recovery from his injuries and the settlement will pay for his medical bills and other fees and allow him to place $3,459.49 into a federally insured interest bearing account that will appreciate until his majority. 11. Plaintiffs retained the law firm of Morgan & Wilken, P.C. to represent them in connection with this accident, and signed a contingent fee agreement, which they have agreed to reduce to twenty-five percent (25%). A copy of the fee agreement is attached hereto as Exhibit "E." The attorney's fee is $1,875.00. 12. Morgan & Wilken, P.C. expended $753.22 in litigation costs to prosecute this action, and it will be reimbursed from the settlement proceeds. 13. The Department of Public Welfare will be reimbursed $1,412.29 in satisfaction of their medical lien. 14. The settlement proceeds payable to Adarius Naugle, the minor Plaintiff, will be $3,459.49. These funds will be deposited into an interest bearing account at a federally insured institution with the appropriate notation that no withdrawals may be made except upon Order of Court or until the minor attains his majority. 15. Upon approval of this settlement, Plaintiffs will be required to sign a release discharging Defendants and their liability insurance carrier from further liability relative to this accident. WHEREFORE, Plaintiff requests this Court to enter the attached Order approving this minor's settlement. DATED: November 3~ ,2003 MORGAN & WILI(EN, P.C. BY~~s A~neys~fot'P. lainti if, Adarius Naugle PENNSTATE Milton S. Hershey Medical Center College of Medicine Hershey; Pennsylvania 17033-0850 Department of Surgery Telephone 717531-8341 717 531-~I85 Including: Stacie Marrie, M.D. Franklin County Pediatrics 176 South Coldbrook Avenue Chambersburg, PA 17201 August 29, 2001 RE: NAUGLE, Adarius MSHMC# 1168093 Dear Dr. Marrie: We saw Adarius and bis family in follow up after his two-story fall oi] August 2, 2001. He sustained a closed head injury, skull fracture and right clavicle fracture at that time. He requiredj_]o~operative treatme]~t. He returns now about four weeks after surgery. His family states that he is ambulating without difficulty, eating without problems7 having normal bowel and bladder function. His speech has interestingly improved since the fail and his vocabulary has expanded by a number of words. He is sleeping through the night. He has no historical evidence of any focal neurologic problems. His head is normal in shape. There is no evidence of external trauma. The bruising and abrasions on the right side are completely healed. His lungs are clear. Heart is regular. Abdomen: Soft and non-tender. His right clavicle is a little tender to palpation. There is no obvious deformity on the outside. He has good range of motion is all of his extremities. Muscle strength is 5/5 and the appearm~ce of cranial nerve function is intact. Adarius bas had an uneventful recovery aher a troublesome fhll four weeks ago with no evidence of neurologic sequelae. We will plan on seeing him on a prn basis. He has a follow up visit with the Orthopedic Surgeons regarding his clavicle fracture. We are happy to be able to participate in his care. CalI us for questions. Sincerely, Robert E. Cilley, M.D. REC/asap F ENNSTATE Milton S. Hershey Medical Center College of Medicine Division of Neurosurgery M.C. HI l0 P.O Box 850 Hershey, PA 17033-0850 7] 7 531 8807 Tel 717 531 3858 Fax August31,2001 Dr. Stacie M. Marrie Franklin County PediatTics 176 S. Coldbrook Avenue Chambersburg, PA 17201 RE: Adarins A Naugle MSHMC# 1168093 Dear Dr. Marrie: I saw Adarius in followup on 8/31/0I in my office. As you 'know, Adarius was admitted on August 2nd here at the Penn State Hershey Medical Center following a fall from a second-story balcony. He sustained a left parietal skull fracture and a clavicular fracture. He was managed jointly by the trauma and neurosurgical teams. He did well and was able to be discharged home within a day or so. Following discharge, he has done well. There are no headaches, nausea, vomiting, se/zures, changes in behavior, changes in cognitive performance, or other signs or symptoms of intracranial hypertension. His behavior has returned to normal. His mom has absolutely no concerns. They have noted no swelling on his scalp. Review of systems and past medical history were reviewed and were otherwise noncontributory. On examination, the patient is awake, alert, and engaging. Pupils are equal, round, and reactive to light 2 mm. Extraocular movements are full without limitation of up gaze, extraocular palsies, or nystagmus. Facial movements are symmetrical. The tongue is midlme. Strength, tone, and coordination are all age-appropriate and symmetrical. DTRs are syrmnetrical at 2+ without ankle clonus. Gait and station are age-appropriate. His scalp has no swelling, and there is no bony defect or other evidence of trauma. His neck and supple and has full range of motion. In sunx,'nary, Adarius is doing well from a neurosurgical perspective, and I have no concerns. I'll discharge him from my care at this point, to follow up on an as-needed basis. If any further questions or problems arise, please don't hesitate to call. MSD:goc F:\naugleadar083101 Sincerely, Mark S. Dias, MD, FAAP Associate Professor Pediatric Neurosurgery CONSENT TO MINOR'S SETTLEMENT I, Beverly Shaw, am the mother and guardian of Adarius Naugle. I believe the settlement of my son's case against Chad and Jennifer Shifter is in his best interest and I consent to the settlement with the insurance company for $7,500.00 on his behalf. Be~~t and Natural Guardian of A~ari]~s Naugle, a Minor SCOTT W ~ORGAN E~QUIRE ~RISB~ PA 17101 NovemDer 3, 2003 Incident Date= 08,/02/2001 Dear Attorney Morgan: The Department of P~blic Welfare maintain~ ~ lien in the amoun~ of .~,[20.57 for medical assistance on ~he above-referenced incident. The Department has agreed ~o reduce it~ lie~ by 33.3~ and accept th~ net ps~en= of ~412.29 =o satisfy the =oral llen smoun[. C~ecks should be made payable :o the Department of Public Welfare and In the even= you ~ave already brought or will bring any ac=ion re~ulCing additional unpaid port,on of our medical/cash lien. This $=ttlsment in no ~ay af~ct~ our future rights. -Thank you for your cooperation in thi~ matter. If you have any fur%her Sincerely, Linde c. Price Claim~ Inve~t~gatlon Agent 717-772-67~1 EXPENSES Beverly Shaw (Adarius Naugle, minor) 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 1.30 C/P (Sept., 01) 2.70 c/p (October, 01) 75.50 Prothy (Franklin) 2/02 100.00 Sheriff 1.20 2.55 c/p (Jan., 02) 1.40 c/p (February/March, 02) .70 c/p (4/24/02) 12.00 c/p (April/May, 02) 100.00 sheriff Cumb Cry 45.50 prothy Cumb cty 5.00 - Prothy. (add to Complaint fee) 13.80 c/p (June-Aug., 02) 26.00 c/p (September-Dec., 02) 7.54 color copies of photos (1/20/03) 11.65 c/p (Jan., 03) 6.00 c/p (February, 03 - April, 03) 2.00 c/p (May-July, 03) 327.12 parties depo transcripts 9.51 Duplicate photographs 1.75 c/p (September, 03) Total: $753.22 CONTINGENT FEE AGREEMENT I, '~¢. /f~ r!~ ..%~('~£~ presently of ~\.('ll. ,;; ~ ,~.~'[O Penn.lydia . consti~e ~d appoin~ the law fi~ of Morg~ & Morgm, ~.C.. Ha~sburg, Penn.lydia ~ my a~omeys to prosecute a claim against all responsible pa~es for recove~ for ~1 damages allowed by law = a result ora ~ / ~ ~ 8' ~-OI I hereby agree that the compensation of my attorneys for legal sen'ices shall be determined as follows: 1. My attorneys shall be entitled to one-third of any fund derived from pre- trial settlement of this action before deductions of costs, disbursements and expenses in the investigation and preparation for a trial of the case. 2. My attorneys shall be entitled to forty percent (40%) of any fund derived by way of settlement after commencement of trial or of any judgment rendered in my favor by any court of competent jurisdiction, before deduction of costs, disbursements and expenses in the investigation and trial of the case. 3. I agree that all costs, disbursements and expenses in the investigation, preparation for trial and trial of the case shall be reimbursed to my attorneys from any settlement or judgment I may receive. 4. For purposes of determining the applicability of paragraphs (t) and (2) of this Agreement, a trial shall be deemed to have commenced if my attorneys present an opening statement to the Court, panel andYor jury at the trial 6f this action. 5. It is specifically understood thai this Agreement obligates my attorneys to prosecute my claim through a trial only and does not obligate my atlorneys to prepare and file post-trial motions or an appeal in the event my claim is not successful in the trial court. If, h6wever, my claim is successful in the trial court, my attorneys are obligated to defend the judgment or award in any post-trial motions or appeals filed by any of the defendants. In the event I am not successful in the trial court and contrary to the recommendation and advice of .my attorneys, wish to pursue post-trial motions or an appeal and instruct my attorneys to do so, I shall compensate my attorneys for all work on the post-trial motions or appeals at their normal hourly rate on a monthly basis, and I shall pay them a retainer equal to five hours work before my attorneys begin work on the post-trial motions or appeal. 6. If, prior to the entry of judgment in the court having jurisdiction over my claim, my attorneys and I are in disagreement over the handling of the claim in any respect, including but not limited to settlement and I am not willing to follow my attorneys' recommendation~ my attorneys shall have the absolute and unconditional right to withdraw from my representation without penalty or liabilily and shall be enfitied to compensation for their services up to the point of their withdrawal on the basis of quantum merit or at their normal hourly rate, whichever is greater. 7. I understand that the firm of Morgan & Morgan, P.C. has given no guarantee regarding the successful termination of my claim and that all expressions by said firm relative to my claim are matters of opinion given in good faith. 8. I understand that if I am not successful in the prosecution of my claim in the thai court, any defendant may obtain a judgment of costs against me. I understand and agree that it will be my responsibility alone to satisfy any such judgment for costs. My attorneys shall have no responsibility for satisfying any such judgment. IN WIT'NESS WHEREOF, I have executed this Agreement on the 3 MORGAN & WILKEN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDEN'flI~-ICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF BEVERLY SHAW and DANIEL NAUGLE: IN THE COURT OF COMMON PLEAS as Parents and Natural Guardians of : ADARIUS NAUGLE, a Minor CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 02-4343 CHAD J. SHIFLER and JENNIFER SHIFLER : CIVIL ACTION - LAW : JURY TRIAL DEMANDED Defendants ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter settled, discontinued and ended upon payment of your costs, only. MORGAN & WILKEN, P.C. DATED: January 23, 2004 Sc~ 'v~. :~{~z)Esquire Attorney tbr Plaintiff