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HomeMy WebLinkAbout95-05295 PAUL MCCLEAD, JR., a minor, by : IN THE COURT OF COMMON PLEAS his parents and natural guardians,: CUMBERLAND COUNTY, PENNSYLVANIA DIANE and PAUL MCCLEAD, ASHLEY MCCLEAD, a minor, by her CIVIL ACTION - LAW parents and natural guardians, DIANE and PAUL MCCLEAD, and NO. 95-5295 DIANE and PAUL MCCLEAD, Individually, Plaintiffs v. HUMANE SOCIETY OF HARRISBURG, INC. , Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of , 1996, upon consideration of Plaintiffs' Petition for Approval of Minors' Settlements, the Court being satisfied of the propriety of the settlements and that they are in the best interests of the parties, IT IS ORDERED that in accordance with the provisions of Pa. R.C.P. 2039 of the Rules of civil Procedure: (I) the settlement of the minors' claims in the amounts of $65,000 for Paul McClead, Jr. and $5,000 for Ashley McClead are hereby approved as fair and equitable; (2) the distribution of the settlement funds of the minor Plaintiffs are directed as follows: Paul McClead, Jr., a minor $41,406.74 Angino & Rovner, P.C. - legal fees $22,750.00 Proportionate share of costs $ 843.26 TOTAL $65,000.00 Ashley McClead, a minor $ 3,185.95 Angino & Rovner,'p.c. - legal fees $ 1,750.00 Proportionate share of costs $ 64.05 TOTAL $ 5,000.00 (3) minor Plaintiffs' settlements shall be placed in a financial institution which is insured by the federal government and marked to preclude withdrawals except upon Order of Court until the age of eighteen (IS) years, and proofs of deposit shall be filed with the Court; and (4) upon payment of the proceeds, the Plaintiffs are authorized to execute and deliver to the Defendant a release discharging the Defendant, and to have this case marked ended, settled and discontinued. BY THE COURT: J. . , i I- I . i . .. ,I: PAUL MCCLEAD, .JR., a minor, by : IN THE COURT OF COMMON PLEAS his parents and natural guardians,: CUMBERLAND COUNTY, PENNSYLVANIA DIANE and PAUL MCCLEAD, ASHLEY MCCLEAD, a minor, by her CIVIL ACTION - LAW parents and natural guardians, DIANE and PAUL MCCLEAD, and NO. 95-5295 DIANE and PAUL MCCLEAD, Individually, Plaintiffs v. HUMANE SOCIETY OF HARRISBURG, INC. , Defendant JURY TRIAL DEMANDED ORDER AND NOW, this ~~ day of OcJlJhf./l , 1996, IT IS HEREBY ORDERED AND DECREED that a hearing regarding the settlement of the minors' claims is scheduled for the~ I Uday of OC-fdbllC.. ' 1996, at I:Of) o'clock fJ.M. in Courtroom No. ~ of the Cumberland County Courthouse. BY THE COURT: ~\ClL'/ C Kk-. lJ. 5. Mrs. McClead heard her son scream, and she and Ashley ran out to the exercise area where the pit bull was on top of Paul and biting him. 6. Mrs. McClead ran to her son's aid, kicking the dog away from her son, all of which was seen by Ashley. 7. Paul was transported by ambulance to Polyclinic Medical Center, where he came under the care of reconstructive surgeon, Lawrence K. Thompson, III, M.D. s. Under general anesthesia, Dr. Thompson repaired the multiple lacerations that Paul suffered to his left ear, left chin, mid-forehead, left cheek, scalp and puncture-stab wounds to the right chest and right scapula, right arm and axilla. 9. Paul Jr. was kept at Polyclinic Medical Center overnight and discharged on oral antibiotics. 10. After follow-up visits, Dr. Thompson removed the sutures under general anesthesia at Carlisle Hospital on July 3, 1995. 11. The McCleads retained the law firm of Angino & Rovner, P.C., to represent them in this matter on June 30, 1995. A copy of the Power of Attorney and Fee Agreement signed at that time is attached hereto as Exhibit A. 12. Sui t was commenced by the f i1 ing of a Complaint on October 3, 1995. 13. On November II, 1995, the Defendant filed an Answer with New Matter, to which Plaintiffs responded on November 16, 1995. 14. In answer to the Complaint, the Defendant admitted that the dog attack occurred, but denied all allegations of negligence. 2 15. The Defendant additionally flamed Mr. and Mrs. McClead as additional defendants pursuant to Pa. R.C.P. 2252(d). 16. Since Mr. and Mrs. McClead had no homeowners insurance or other source of representation, Angino & Rovner, P.C. represented them in their capacity as third pilrty defendants. 17. On November 20, 1995, Plaintiffs forwarded Interrogatories and Request for Production of Documents to the Defendant, and Plaintiffs' counsel also responded to the Interrogatories and Request for Production of Documents or the Defendant. 18. Plaintiffs' counsel took the depositions of eight current and former employees of the Humane Society, represented tho McCleads in their depositions, attended the deposition ot two McClead family friends, and took the videotape deposition tor use at trial of Paul Jr.'s treating reconstructive surgeon, Dr. Thompson. 19. On March 15, 1996, Plaintiffs listed this case for trial, that was continued at the request of the Defendant by Order dated April 22, 1996. 20. On April 24, 1996, Plaintiffs again listed this ca.. tor trial for the July term. 21. On June 10, 1996, the Plaintiffs filed a Pre-Trial Memorandum. 22. By Order dated June 19, 1996, the case was again continued at the request of the Defendant, and the Court re-listed it for trial during the September, 1996, trial term. ) 23. Plaintiffs filed another Pre-Trial Memorandum on August 20, 1996, and a pre-trial conference was held with the Honorable Edgar B. Bayley on August 28, 1996. 24. After much negotiation, a settlement was reached in this matter under which the Defendant has agreed to pay to Paul McClead, Jr. the sum of $65,000, and to Ashley McClead, the Defendant will pay $5,000, (as well as an additional payment of $12,500 to Mr. and Mrs. McClead which is not subject to court approval) . 25. The Plaintiffs believe that the settlement is in the best interests of Paul Jr. and Ashley, and they request that the proposed settlement be approved and accepted. 26. While under the terms of the Power of Attorney and Fee Agreement, Angino & Rovner, P.C. would be justified in requesting a 40% fee plus expenses, Angino & Rovner, P.C. herein requests a 35% fee on the sums to be paid to the minor Plaintiffs. 27. After credit of an advance on expenses, the outstanding expenses in this case total $1,067.42. ~ expense ledger, Exhibit C hereto. 28. The Defendant has agreed to pay the docket costs in this matter. 29. The Defendant through its medpay insurance paid $10,000 toward Paul Jr.'s medical bills, which have all been satisfied. 30. The Department of Public Welfare that paid some of Paul Jr.'s medical bills has been reimbursed in full for its payments, and no additional payments are due to Department of Public Welfare. ~ letter dated September 23, 1996. 4 31. Paul Jr. has made a remarkable recovery, and his plastic surgeon indicates in his deposition that he may require one or two small procedures in the future to deal with the scar on his left chin. 32. Mr. and Mrs. McClead understand that under the rules governing settlement of minors' claims, the net recovery to the children must be deposited in the name of the minors in an institution insured by a federal governmental agency and marked that no withdrawals can be made from such accounts until the minors attain majority, except as authorized by order of court. 33. Mr. and Mrs. McClead further understand that they are required to provide proof of deposit of Ashley and Paul Jr. 's recoveries to the Court. WHEREFORE, Plaintiffs respectfully request that Your Court approve the settlement of the minors' claims, authorize Mr. and Mrs. McClead to execute and deliver to the Defendant a release discharging the Defendant, approve the award of attorney's fees and expenses, and direct that proof of deposit of the net settlement funds of the minors be filed with the Court after receipt and 5 VERIFICATION I, DIANE MCCLEAD, hereby verify that the facts set forth in the foregoinq document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pa. C.S. 14904, relating to unsworn falsification to authorities. WITNESS: ~tJ S(~ /iJb~ 1dtCCfJQJJ Dane McC ead DATED: Ii/"'Io/ / 9t. 46660/.." ..' ." VERIFICATION I, PAUL MCCLEAD, hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pa. c.s. S4904, relating to unsworn falsification to authorities. WITNESS: ~~CL~.~~ ~jJJ1r;;pJ Paul McClead DATED: 9/"Lt//9t 466e0"'" JOSEI'll M MELIU,O lBlRY S IIYMAN DAVID Ih tUr/. MIClIAf.L E, KOSIK PAMF.LA 0. SIIUMAN RlCIIARD A, SADLOCK DAVID S, WlSNl'.sKI NUllI.E c. OLSON ANGINO & ROVNER, P.C. MlClIAEl,1 NAVITSKY I.AWllF.NCI; E, BARONE DAWN L mNNINOS SOLOMON 7_ KREVSKY JOSEPII M DORIA DUANE S BARRICK JAME.~ o.clml I.Im1> IN TIlE 8fST LAWYERS ---IN- AMERICA RICHARD C. ANCilNO NElL J ROVNER September 23, 1996 Ms. Donna M. Fries Claims Investigation Agent Commonwealth of Pennsylvania Department of Public Welfare Bureau of Financial Operations TPL Section - Casualty Unit P. O. Box 8486 Harrisburg, PA 17105 Re: Our Client: Date of Incident: Your C/R #: Your CIS #: Paul McClead, Jr. June 24, 1995 21-0060480-PS2 800109307 Dear Ms. Fries: This is to confirm that our office has notified you of a settlement of the claim of Paul McClead, Jr., a minor, with regard to injuries he suffered on June 25, 1995. We previously reimbursed the Department of Public Welfare in full for monies it expended on Paul's behalf arising out of this incident. You indicate that the file was closed at that time, that the file would not be re-opened at this time, and no additional monies are owed. Please notify us immediately upon receipt of this letter if this letter does not accurately reflect the facts of DPW's prior payment, satisfaction of those prior payments, and the fact that no additional monies are owed. Thank you for your cooperation in this matter. Very truly yours, ,) 'J \ 1 , I ' , , . ~ '.; ~~\\. L .' l~._l,\i.._(I~- Pamela G. Shuman PGS/bjs 99468/BJ5 "!l03 NORTH FRONT STREET HARRISRUnG PA 11110 170A kxl,;b,f is <111'23116191 FAX 1111) 2:J8.Ml10 " UNREIMBURSED EXPENSES TOTAL $1,067.40 De.criDtion Ia1I Check' Amount Deposition - Marlene L. 7/2/96 21529 $110.90 Depanfilis Deposition - Marlene L. 6/19/96 21358 129.30 Depanfilis Deposition - Hughes, Albright 6/5/96 21060 79.50 Deposition - Marlene L. 4/29/96 20290 453.60 Depanfilis Deposition - Hughes, Albright 4/10/96 20046 154.50 Medical Records - Anesthetic & 8/16/95 15776 50.00 Reconstructive Surgery Medical Records - Correspondence 8/30/95 16012 52.81 Management, Inc. Medical Records - Smart corp. 9/19/95 16328 30.73 Medical Records - Subpoena 5/13/96 20640 6.06 (Partial cost) TOTAL . . . . . . . . $1,067.40 EXHIBIT C .' ."" CERTIFICATE OF SERVICE I, Barbara J. smith, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the foregoing Plaintiffs' Petition for Approval of Minors' Settlements upon counsel for Defendant by placing same in the United States mail, postage prepaid on the 24th day of September, 1996, addressed as follows: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. o. Box 1268 Harrisburg, PA 17108-1268 /t. ~ L :r L:t:L Barbara J. Smith . , . Jeffereon J. Shipman, Esquire 1.0. 151785 GOLOUKG, ItArlMAN , SHIPMAN, P.C. 320 Market Street P. o. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 PAUL MCCLEAD, JR., a minor by his parents and natural guardians, DIANE and PAUL MCCLEAD, ASHLEY MCCLEAD, a minor by her parents and natural guardians, DIANE AND PAUL MCCLEAD, and DIANE AND PAUL MCCLEAD, Plaintiffs Counsel for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v. . . NO: 95-5295 CIVIL ACTION - LAW HUMANE SOCIETY OF HARRISBURG, INC. , JURY TRIAL DEMANDED Defendant : PRABCIPB FOR ENTRY OF APPBARMlCB TO THE PROTHONOTARY: Please enter my appearance as counsel on behalf of the Defendant, Humane Society of Harrisburg, Inc., in the above- captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATED: ItJ /~S' /9~ ON J. SHIP .0. #51785 320 Market Street P. O. Box 1268 HarriSburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant ~ , ~ ...~~ :;; 0) ''.J ... r!5 t,. ......... . PAUL McCLEAD, JR., A MINOR, : BY HIS PARENTS AND NATURAL GUARDIANS, DIANE AND PAUL McCLEAD; ASHLEY McCLEAD, A MINOR, BY HER PARENTS AND NATURAL GUARDIANS, DIANE AND PAUL McCLEAD; AND DIANE : AND PAUL McCLEAD, INDIVIDUALLY, PlaintiffS V. HUMANE SOCIETY OF HARRISBURG, INC., Defendant : 26 IN THE COURT OF coMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . , . . : . . . . . . . . . . CIVIL ACTION - LAW NO. 95-5295 CIVIL TERM . . . . IN RE: CONTINUANCE pROER OF COURT AND NOW, this 22nd day of April, 1996, at the request of counsel for the Defendant, the case is continued until the July term of court. The court would direct that the prothonotary relist the case for trial and that the parties appear for another call of the civil trial list on June 11th, 1996, and another pretrial conference on June 19th, 1996. The reason for the continuance is that discovery has not yet been completed. The complaint was just recently filed in october of 1995, and there have been no prior requests for a continuance. By the court, , P.J. Pamela G. Shuman, Esquire For the Plaintiffs Jefferson Shipman, Esquire For the Defendant Court Administrator :lfh ~,.,.,.Cl'('J.. 5/'l1%, A'~' . , . JefforBon J. Shipman, EBquire I.D. 151785 OOLDBBRO, 1tA!rIMAH , BBIPMAH, P.C. 320 Market Street P. O. Box 126B Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant PAUL MCCLEAD, JR., a minor, by his parents and natural guardians, DIANE and PAUL MCCLEAD, ASHLEY MCCLEAD, a minor, by her parents and natural guardians, DIANE and PAUL MCCLEAD, and DIANE and PAUL MCCLEAD, Individually, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA CIVIL ACTION - LAW NO. 95-5295 CIVIL TERM v. JURY TRIAL DEMANDED HUMANE SOCIETY OF HARRISBURG, INC. , Defendant NOTICE TO PLEAD TO: PAUL MCCLEAD, a minor by his parents and natural guardians, DIANE and PAUL MCCLEAD, ASHLEY MCCLEAD, a minor by her parents and natural guardians, DIANE and PAUL MCCLEAD, and DIANE and PAUL MCCLEAD, Individually, Plaintiffs c/o Pamela G. Shuman, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 You are hereby notified LO file a written response to the enclosed Answer, New Matter and New Matter Pursuant to Pa.R.C.P. 2252(D) of Dofendant, Homane Society of HarriSburg, Inc., within twenty (20) days from service hereof or a judgment may be entared against you. 9. Admitted in part, denied in part. It is admitted only that the Plaintiff, Paul McClead, Jr., was bitten by a dog at the shelter. The Humane Society is without sufficient knowledge or information at this point in the case to make a determination as to the truth of the remaining averments of paragraph number 9 and the same are, therefore, denied. 10. Denied. The Humane society is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, the same are, therefore, denied. 11. Denied. The Humane Society is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, the same are, therefore, denied. 12. Denied. The Humane Society is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, the same are, therefore, denied. IJ. Denied. The Humane Society is without information safficient to form a belief as to the truth or falsity of the averments in this paragraph and, the same are, therefore, denied. 14. Admitted. 3 15. Admitted in part, denied in part. It is admitted that the Plaintiff, Paul McClead, Jr., was taken to the Polyclinic Medical Center where he came under the care of Dr. Thompson. The Humane Society is without information sufficient to form a belief as to the truth or falsity of the remaining averments in this paragraph and, the same are, therefore, denied. 16. Admitted in part, denied in part. It is admitted that the Plaintiff, Paul McClead, Jr., was under the medical care of Dr. Thompson. The Humane Society is without information sufficient to form a belief as to the truth or falsity of the remaining averments in this paragraph and, the same are, therefore, denied. 17. Admitted in part, denied in part. It is admitted that the Plaintiff, Paul McClead, Jr., was under the medical care of Dr. Thompson. The Humane Society is without information sufficient to form a belief as to the truth or falsity of the remaining averments in this paragraph and, the same are, therefore, denied. 18. Admitted in part, denied in part. It is admitted that the Plaintiff, Paul McClead, Jr., was treated at the Polyclinic Medical Center. The Humane Society is without information sufficient to form a belief as to the truth or falsity of the 4 remaining averments in this paragraph and, the same are, therefore, denied. 19. Admitted in part, denied in part. It is admitted that the Plaintiff, Paul McClead, Jr., remained under the care of Dr. Thompson following the date of the dog bite incident. The Humane Society is without information sufficient to form a belief as to the truth or falsity of the remaining averments in this paragraph and, the same are, therefore, denied. 20. Admitted in part, denied in part. It is admitted that the Plaintiff, Paul McClead, Jr., remained under the care of Dr. Thompson following the date of the dog bite incident. The Humane Society is without information sufficient to form a belief as to the truth or falsity of the remaining averments in this paragraph and, the same are, therefore, denied. 21. Denied, The Humane Society is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, the same are, therefore, denied. 22. Denied. The Humane Society is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, the same are, therefore, denied, 5 23. Denied. The Humane Society is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, the same are, therefore, denied. 24. Denied. The Humane Society is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, the same are, therefore, denied. 25. Denied. The Humane Society is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, the same are, therefore, denied. 26. Denied. The Humane Society is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, the same are, therefore, denied. 27. Denied. The Humane Society is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, the same are, therefore, denied. 28. Denied. It is specifically denied that the injuries and damages sustained by Paul McClead were the direct result of any alleged negligent, careless, reckless, outrageous, willful and wanton conduct of the Humane Society. 6 a) it is specifically denied that the Humane Society intentionally allowed the dog to be immediately accessible to the public through an unlocked door; b) it is specifically denied that the Humane Society failed to assure that the dog was physically restrained on its property; c) it is specifically denied that the Humane Society was in any way negligent in allegedly failing to assure that the dog was kept behind locked doors, that could be opened only by authorized personnel; d) it is specifically denied that the Humane Society was in any way negligent in failing to keep the dog segregated from the public after it allegedly knew of the vicious propensities of the dog; e) it is specifically denied that the Humane Society was in any way negligent in allegedly failing to ascertain the vicious propensities of the dog, warranting its segregation from the public; f) it is specifically denied that the Humane Society was in any way negligent in allegedly failing to assure that the dog would not corne into contact with any patrons while allegedly knowing that the dog had attacked others in the past; g) it is specifically denied that the Humane Society was in any way negligent in failing to muzzle or 7 dog segregated from the public after it allegedly knew of the vicious propensities of the dog; e) it is specifically denied that the Humane society was in any way negligent in allegedly failing to ascertain the vicious propensities of the dog, warranting its segregation from the public; f) it is specifically denied that the Humane Society was in any way negligent in allegedly failing to assure that the dog would not come into contact with any patrons while allegedly knowing that the dog had attacked others in the past; g) it is specifically denied that the Humane society was in any way negligent in failing to muzzle or otherwise immobilize the dog's jaws so that it would be unable to attack visitors. WHEREFORE, the Humane Society of Harrisburg respectfully requests that judgment be entered in its favor and that the Complaint be dismissed with prejudice. 10 in this paragraph and the same are, therefore, specifically denied. 48. Denied. The Humane Society is without sufficient knowledge or information at this stage of the case to make a determination as to the truthfulness of the averments contained in this paragraph and the same are, therefore, specifically denied. 49. Denied. The Humane Society is without sufficient knowledge or information at this stage of the case to make a determination as to the truthfulness of the averments contained in this paragraph and the same are, therefore, specifically denied. 50. Denied. The Humane Society is without sufficient knowledge or information at this stage of the case to make a determination as to the truthfulness of the averments contained in this paragraph and the same are, therefore, specifically denied. 51. Denied. The Humane Society is without sufficient knowledge or information at this stage of the case to make a determination as to the truthfulness of the averments contained 15 in this paragraph and the same are, therefore, specifically denied. WHEREFORE, the Humane Society of Harrisburg respectfully requests that judgment be entered in its favor and that the Complaint be dismissed with prejudice. CLAIK IV Ashley KeClead, a minor, by her parents and natural guardians, Diane and Paul Keelead v. Humane Society of Harrisburg, Inc. 57. The Humane Society of Harrisburg, Inc. incorporates herein by reference its answers to the Complaint as though fully set forth herein at length. 58. Denied. The Humane Society is without sufficient knowledge or information at this stage of the case to make a determination as to the truthfulness of the averments contained in this paragraph and the same are, therefore, specifically denied. 18 . "...-tcC',-,;,-:,"'f"'-'''-,'''''7 - - ~""i-.~h """"''''''',!''''''''-'~''....>,;i;"'"r''''_'''''''__' 59. Denied. The Humane Society is without sufficient knowledge or information at this stage of the case to make a determination as to the truthfulness of the averments contained in this paragraph and the same are, therefore, specifically denied. WHEREFORE, the Humane Society of Harrisburg respectfully requests that judgment be entered in its favor and that the Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendant, Humane Society of Harrisburg, Inc., interposes the following New Matters: 60. That Plaintiffs' Complaint fails to state a claim or cause of action against the Humane Society of HarriSburg upon which relief can be granted. 61. That the Plaintiffs' Complaint fails to state facts demonstrating the existence of a breach of any legal duty of the Humane Society of Harrisburg to the Plaintiffs. 19 02. That the Plaintiffs' injuries and damages, if any, were not caused by any acts, omissions or breaches of duty by the Humane Society of Harrisburg. 63. That if there is a finding of negligence as to the Humane Society, which negligence is expressly denied, then such negligence was not a proximate cause of any injuries and damages to Plaintiffs. 64. That any injuries or damages sustained by the Plaintiffs, if any, were a direct and proximate result or were contributed to by the carelessness and negligence of PlaintiffS, Diane McClead and/or Paul McClead, parents and natural guardians of the minor Plaintiff, Paul McClead, Jr., and not by any act or omission of the Humane Society of Harrisburg. Furthermore, any amount which Paul McClead, Jr, might be entitled to recover against the Humane Society must be limited in whole or in part by those injuries and damages attributable to Diane and Paul McClead. 65. That the cause of action of Plaintiffs may be barred in whole or in part by the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. S 7102 g1 ~. 20 68. That if the minor Plaintiff, Paul McClead, Jr., sustained the injuries and damages as alleged, which is specifically denied, then said injuries and damages were caused solely by the negligent, careless and reckless conduct of Diane and Paul McClead, parents and natural guardians of the minor Plaintiff in the following particulars: a) failing to adequately supervise their child on June 24, 1995, at the time of the incident complained of in the Plaintiffs' Complaint; b) permitting their minor child, Paul McClead, Jr., to wander unattended and unsupervised on June 24, 1995; and c) permitting their minor child, Paul McClead, Jr., to exit the building of the Humane Society shelter through a door clearly marked "employees only" "keep out". 69. That in the event that the minor Plaintiff, Paul McClead, Jr., obtains any judgment against the Humane Society of Harrisburg for injuries allegedly to have been sustained as a result of the dog bite incident complained of in the Complaint, then, in that event, the Humane Society of Harrisburg asserts that it is entitled to a judgment against Diane McClead and Paul McClead, parents and natural guardians of the minor Plaintiff for 22 , ' contribution and indemnification to the extent of the ~ IAtA share of liability of Diane and Paul McClead. WHEREFORE, the Humane society of Harrisburg respectfully requests judgment against Diane McClead and Paul McClead, parents and natural guardians of Paul McClead, Jr., a minor on the grounds that they are solely liable, jointly and severally liable or liable over to the Humane Society of Harrisburg for contribution and indemnification. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. S N J. SHIP , ESQ. #51785 20 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant 23 . " VERIFICATION I, EDWARD SHORE, hereby acknowledge that I am the representative for the Defendant, Humane Society of Harrisburg, Inc., in this action; that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~e EDWARD SHORE Date: _ ///'/1' 24 . . .. . , .1 '"' CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first postage prepaid, at Harrisburg, Pennsylvania, on the of ~~, 1995, addressed as follows: class, 9~ay Pamela G. Shuman, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. . J. SHIP , ESQUIRE orney 1.0. 151785 o Market Street P. o. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant '7'" " ,'" '~,"""..r~'i(,,!}1 ,~)lI~J~~~J"J~~!~)lr',,,,,,,...,"-"""',;,,, ~;....~;{; :;~.; "'?ri: ~.,:.'r . , '. PAUL MCCLEAn, JR., a minor, by : IN THE COURT OF COMMON PLEAS hill parents and natural guardians,: CUMBERLAND COUNTY, PENNSYLVANIA DIANE and PAUL MCCLEAn, ASHLEY MCCLEAD, a minor, by her CIVIL ACTION - LAW parents and natural guardians, DIANE and PAUL MCCLEAD, and NO. 95-5295 DIANE and PAUL MCCLEAD, Individually, Plaintiffs . . v. . . . . . . HUMANE SOCIETY OF HARRISBURG, INC., . . : Defendant : JURY TRIAL DEMANDED PLAIHTIPPS' REPLY TO HB1r MAT'l'BR Plaintiffs, Paul McClead, Jr., a minor, by his parents and natural guardians, Diane and Paul McClead, Ashley McClead, a minor, by her parents and natural guardians, Diane and Paul McClead, and Diane and Paul McClead, Individually, by their attorneys, Angino , Rovner, P.C., in answer to the New Matter of the Defendant aver as follows: 60. Insofar as Defendant's averment constitutes a conclusion of law, no response is required. Insofar as Defendant's averment is deemed factual, it is denied that Plaintiff's Complaint fails to state a cause of action against the Humane Society of HarriSburg upon which relief can be granted. As set forth more fully in the Complaint, incorporated herein by reference, Plaintiffs clearly state causes of action against the Humane Society and deserve legal remedies. IOmltJ1 61. Insofar as Defendant's averment constitutes a conclusion of law, no response is required. Insofar as Defendant's averment is deemed factual, it is denied that Plaintiffs' complaint fails to state facts demonstrating the existence of a breach of any legal duty of the HUlllane Society of Harrisburg to the Plaintiffs. As set forth more fully in the Complaint, incorporated herein by reference, Plaintiffs clearly state facts demonstrating the existence of a breach of a legal duty for which they deserve legal remedies. 62. Insofar as Defendant's averment constitutes a conclusion of law, no response is required. Insofar as Defendant's averment is deemed factual, it is denied that Plaintiffs' injuries and damages were not caused by acts, omissions or breaches by the Defendant. As set forth more fully in the Complaint, incorporated herein by reference, all injuries suffered by the Plaintiffs were as a direct result of the negligence of the Defendant. 63. Insofar as Defendant's averment constitutes a conclusion of law, no response is required. Insofar as Defendant's averment is deemed factual, it is denied that the negligence of the Defendant was not a proximate cause of the injuries and damages to the Plaintiffs. As set forth more fully in the Complaint, incorporated herein by reference, all damages suffered by the Plaintiffs were proximately caused by the negligence of the Defendant. 64. Insofar as Defendant's averment constitutes a conclusion of law, no response is required. Insofar as Defendant's averment 2 is deemed factual, it is denied that Plaintiffs Diane and/or Paul HcClead were contributorily negligent. As set forth more fully in the Complaint, incorporated herein by reference, all negligence is that of the Defendant. 65. Insofar as Defendant's averment constitutes a conclusion of law, no response is required. Insofar as Defendant's averment is deemed factual, it is denied that Plaintiffs' claims are or may be barred in whole or part by the Pennsylvania Comparative Negligence Act. As set forth more fully in the Complaint, incorporated herein by reference, all negligence was that of the Defendant, and all injuries suffered were as a result of the Defendant's negligence. 66. Insofar as Defendant's averment constitutes a conclusion of law, no response is required. Insofar as Defendant's averment is deemed factual, it is denied that Plaintiffs Diane and Paul HcClead knowingly allowed their son to encounter a known risk and, therefore, assumed the risk of injury to their son. As set forth more fully in the Complaint, incorporated herein by reference, the adult Plaintiffs could not have anticipated that the Humane society would have a vicious animal behind an unlocked door in an area in which the public is not only welcome but encouraged to be present. The adult Plaintiffs are not barred from recovery either under assumption of the risk or any other legal theory. Moreover, assumption of the risk does not apply to Plaintiff Paul McClead, Jr., even if there were some factual basis for it since he was five 3 -:..,...,....... ...,,_.....l--.. . years old at the time of the attack. He could not knowingly assume that the Defendant would be negligent and grossly negligent. 67. No response required. 68. Denied. As set forth more fully in the complaint, incorporated herein by reference, all injuries suffered by minor plaintiff, paul McClead, Jr., were as a direct result of the negligent, careless and reckless conduct of the Defendant, and none were as a result of the negligence of his parents. By way of amplification, Diane and paul Mcelead were not negligent in failing to adequatelY supervise their child on June 24, 1995, for at that time they provided reasonable care to him. Moreover, the Plaintiffs were not negligent, and did not allow their son, paul McClead, Jr., to wander unattended and unsupervised. Instead, at all times he was under the supervision of his mother. AS a young child curious to see the wonders of the Humane Society, it was foreseeable that he would open an unlocked door behind which the Defendant negligentlY housed an unrestrained, vicious animal. ThuS, all negligence was that of the Defendant. Nor were the McCleads negligent in permitting their son to open a door marked "Employees only" "Keep out." Instead, all negligence was that of the Humane society for failing to lock the door BO that it could not be opened. The circumstances of the oefendant Humane society shelter encourage members of the public, like the McCleadB, to come in, stroll around, and Bee the animals housed there. surely, it was foreseeable that a child would open an unlocked door a8 paul , 4 HcClead, Jr., did. All negligence was that of the Defendant in allowing a vicious animal to be unrestrained behind that door. 69. Denied. As set forth more fully in the complaint, incorporated herein by reference, and as set forth more fully in response to New Hatter, incorporated herein by reference, all negligence was that of the Defendant Humane society of Harrisburg. Mr. and Mrs. HcClead were not negligent in any respect. Respectfully submitted, ANGINO & ROVNER, P.C. P~t1.~ Pamela G. Shuman, Esquire I. D. No. 41696 4503 North Front Street HarriSburg, PA 17110 (717)238-6791 Counsel for Plaintiffs DATED: NOVember /(g, 1995 5 VERIFICATION I, PAUL HCCLEAD, hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pat C.S. 14904, relating to unsworn falsification to authorities. WITNESS: ~ tJ.S~~ &!jJF~ 1 HcC ead DATED: November 16, 1995 46660/1.11 VERIFICATION I, DIANE HCCLEAD, hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pat C.S. 14904, relating to unsworn falsification to authorities. WITNESS: p~ /:1. ~~ J~.o_l1l (t/oo.Q Dane McClead DATED: November 16, 1995 46660/1.1I CBRTII'ICATB 01' SBRVICB I, Barbara J. smith, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the foregoing Plaintiffs' Reply to New Hatter upon counsel for Defendant by placing same in the United States mail, postage prepaid on the / {, day of November, 1995, addressed as follows: Kenneth A. Rapp, Esquire Law Offices of Roger T. Hargolis 6400 Flank Drive, Suite 900 Harrisburg, PA 17112 tf /1 _ L- p. <.:/ d. -d Barbara J. Smith .....---- PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewrlllen and submitted In duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list Ihe foltowlng case: , .' 'I (Check one) ( XX) for JURY Irlal at the next lerm of civil court. "! " J ( ) for trial without a jury. . ----.- __---..;. r j ., ) ,11 CAPTION OF CASE (entire caption must be stated In fUll) (check one) PAUL MCCLEAD, JR., a minor, by his parents and natural guardians, DIANE and PAUL ( ) Assumpsit MCCLEAD, ASHLEY MCCLEAD, a minor, by her parents and natural guardians, DIANE andC><l Trespass PAUL MCCLEAD, and DIANE and PAUL MCCLEAD, Individually, '"~ C} (} ( ) Trespafls (Motor Vehicle) (Plaintiff) s ~ Doo aH-n." k --::l (other) vs. .. HUMANE SOCIETY OF HARRISBURG, INC. The trial list will be called on 4/22/96 and Trials commence on 5/20/96 (Defendant) Pretrials will be held on 5/1/96 . (Briefs are due 5 days belore pretrials.) (The party listing this case lor trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) X1l!KX No. 95-5295 Civil 19 _~_5 Indicate the allomey who will try case for the party who Illes this praecipe: P",m.. 1 A G Shuman, Esquire, Angino & Rovner. P.C., 4503 N. Front St., Harrisburg, PA 17110 Indicate trial counsel for other parties If known: J e f fe rson_.shi.pmAn~. .E.aQ1.l i.J::Ja.. J:;Q ld be r 9 . Katzman & Shipman, P. O. Box 1268, Harrisburg, PA 17108 ~-------_..- This case Is ready for trial. Slgnad: .ltumJl~ ~. ~lU..m.C~ Dale' Print-Name: Pamela 9_~_~-':l~an. Esquire PL.!} I A) T) t;'-J Attnmtw fnr --.---.:.....:.....-..---..-.--' ,....~ . ..,.... ..~s.:.I..-:..,~....., 0'. ._..-~\."""o.....~.-.... ., ...... ;...-.......4. .-..--. ....4. _____ __._ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted In duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY (Check one) Please IIs1 the following case: ( xx) for JURY trial at the next term 01 civil court. ( ) for trial without a Jury. . .;l ---- -- ----.... CAPTION OF CASE (entire caption must be stated In full) (check one) PAUL MCCLEAD, JR., a minor. by his parert~ Assumpsit and natural guardians, DIANE and PAUL MCCLEAD, ASHLE~ MCCLEAD, a minor, by her parents and natural guardians, DIAN~Xlt Trespass and PAUL MCCLEAD, and DIANE and PAUL MCCLEAD, Individually. ( ) Trespafls (Motor Vehicle) (x>> Dag ...ttafo\~er) (Plalntlfl) s vs. .. HUMANE SOCIETY OF HARRISBURG, INC. The trial list will be called on 6/11/96 and Trials commence on 7/8196 (Delendant) Pretrials will be held on 6/19/96. (Briefs are due 5 days belore pretrials.) (The party listing this case lor trial shall provide forthwith a copy 01 the praecipe to all counsel, pursuant to local Rule 214.1.) 1If1tX No. 95-5295Clvll 19 .Jli Indicate the attorney who will try case for the party who flies this praeCipe: Pame 1", G_ .shuman, Esquire, Angino & Rovner, P.C., 4503 N. Front St.. Harrisburg, PA 17110 Indicate trial counsel for other parties If known: Jet terson ~~iprn.a_n,._ ~~~u.i!~!_ ~o}dberg, Katzman & Shipman, P. O. Box 1268. Harrisburg, PA 17108 -.-.------ --.---.---- This case Is ready for trial. ee, Jefferson Shlpmdtl. EsqUIre 4/-/ oJ. ., 19 fc Slgnad: I ' , f .,It; . 1'1 ',.c.. ~ . - -- .- ..~----_. Prlftt"ame: I'dme 1 d__~_Sh_u.man, Esqu 11 to 7 PAUL McCLEAn, JR., A MINOR, . IN THE COURT OF COMMON PLEAS OF . BY HIS PARENTS AND NATURAL . CUMBERLAND COUNTY, PENNSYLVANIA . GUARDIANS, DIANE AND PAUL . . McCLEAn; ASHLEY McCLEAD, A . . MINOR, BY HER PARENTS AND . . NATURAL GUARDIANS, DIANE AND . . PAUL McCLEAn; AND DIANE AND . . PAUL McCLEAn, INDIVIDUALLY, : Plaintiffs . . . . V. . . : HUMANE SOCIETY OF HARRISBURG, : INC. , . CIVIL ACTION - LAW . Defendant . NO. 95-5295 CIVIL TERM . ORDER OF COURT AND NOW, this 19th day of June, 1996, the above-captioned case having been continued from the July, 1996, term of civil trials, the Prothonotary is directed to relist the case for the September, 1996, term of civil trials. By the court, , '. ,L f:~ . lt~/ H rold E. Sheel , P,J. n ( . \" ~" '- l -: - - Pamela G. Shuman, Esquire For the Plaintiffs -<:" t,.' ..) _ e~~,,- ,~~<( '/:l.I/q" IJ ~t', <' r~, . ~:-, - Jefferson J. Shipman, Esquire For the Defendant Court Administrator <" ).-, ", :."1 ,- * :lfh o .,\ .., . '~..n . .-- ,.,... -'7 _~ r'\ -;--1' '.~ ?J. ~ <. . jfT' .. .,.. ~-q .... . i I I I I I I I I I I I ! I I I I I I I , , I i . I , . PAUL MCCLEAD. JR.. a minor by his parents and natural guardians. DIANE and PAUL MCCLEAD. ASHLEY MCCLEAD. a minor. by her parents and natural guardians. DIANE and PAUL MCCLEAD. Indi vidually. Plaintiffs V. HUMANE SOCIETY OF HARRISBURG. INC. . #1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW Defendant NO. 95-5295 CIVIL TERM PRETRI~~HEERf]tE At a pretrial conference held August 28. 1996, before Edgar B. Bayley, Judge. present for the plaintiffs was Pamela G. Shuman, Esquire. and for the defendant, Jefferson J. Shipman. Esquire, Paul McClead. Jr.. who just turned seven, was at the Humane Society of Harrisburg. Inc.. on June 24. 1995. Paul was with his mother. Dione McClead. and his sister. Ashley McClead. who was then age nine. While inside the shelter. Paul slipped away from his mother and out of the building into an animal exercise area. Inside thot area was 0 Staffordshire Terrier/Pitbull that plaintiff claims the shelter kept as 0 "pet". The dog bit Paul who suffered SCarrlng on the face. arm, chest and bock. His ear was nearly severed and has been reattached. The dog named Bubba hod previously bit a person and was involved in another "incident". Liability is not serlously contested. although counsel sholl submit to the trial judge at the commencement of the trial a brief on the issues of I iolHI! ty General dOmllges. medlcol expenses and f.lUni t i ve 11oITIogp<. (lrp "ought fo,' the mlnor. Poul McCleod The motllPl onl1 ,1 ';11'1 ~,pef dom:J9PS for the negligent >- l", .'..... ~ "- ,-. L.;; r U, .:t -c '-}~ J~ __ "-' .,~ .. ,~ f. r-, ,l:.. m ''.1) II ~:_. C'.: '% ...J Co" :J~ c.:;" i ... u. '0 :5 0 c... U PAUL HCCLEAD, JR., a minor, by : IN THE COURT OF COMMON PLEAS his parents and natural guardians,: CUMBERLAND COUNTY, PENNSYLVANIA DIANE and PAUL MCCLEAD, : ASHLEY HCCLEAD, a minor, by her parents and natural guardians, DIANE and PAUL HCCLEAD, and DIANE and PAUL MCCLEAD, Individually, CIVIL ACTION - LAW . . : NO. 95-5295 Plaintiffs . . . . v. HUMANE SOCIETY OF HARRISBURG, INC. , : . . Defendant JURY TRIAL DEMANDED PLAINTIFFS' PRE-TRIAL MEMORANDUM I. statement of Basic Facts on Liabilitv On Saturday, June 24, 1995, Mrs. McClead took her five year old son, P.J., and nine year old daughter, AShley, to the Humane Society of Harrisburg, Inc. in Mechanicsburg. Although it was the policy of the Humane Society to destroy pitbulls, unbeknownst to the HcCleads the Mechanicsburg Humane Society kept a pitbull as a shelter "pet." As the McCleads walked through the kennel area where the dogs for adoption were housed, Paul slipped away from his mother and out of the building into the animal exercise area. There, a pitbull named "Bubba" savagely attacked five year old P,J. Upon hearing P.J. scream, his mother and sister ran outside to see the dog holding P.J. by the shoulder, shaking him in the air like a ragdoll. His mother kicked the dog off P.J., scooped him up, hysterical, and carried him into the vestibule of the Humane Society. P.J.'s left ear was nearly completely severed. In 93094I8JS . -......:-...... ,- '- ,:.-'-, -.--, '. addition, he had been savagely bitten on the face, arm, chest, and back. A nurse, who was a visitor at the shelter at the time, cared for P.J., his mother and sister until an ambulance arrived. All three were taken to Polyclinic Medical Center, where P.J. came under the care of plastic surgeon Lawrence Thompson, III., H,D. In the operating room and under general anesthesia, Dr. Thompson sewed P.J.'s ear back on, and closed the gaping wounds in his face, arm, chest and back. P,J. was discharged the following day into the care of his mother. During his recuperation, P.J. required daily bandage changes. On July 3, 1995, also under general anesthesia, over 130 sutures were removed from P.J. This was not the first time that "Bubba" attacked a visitor at the Humane Society. Instead, P.J. was the third person Bubba bit while he was the shelter "pet." As the shelter Executive Director and personnel verified, Bubba had attacked a teenage girl in the same exercise area where P.J. was mauled almost a year before the attack on P,J. Additionally, Bubba had bitten a volunteer who was at the Humane society to exercise pets. Despite its knowledge of Bubba's vicious propensities, his aggressiveness and territorial nature, the Humane Society neither destroyed him nor restrained him away from visitors during its hours of operation. It is the testimony of the shelter Director that in light of Bubba's history, he was not to be allowed in the exercise area during hours that the shelter was open to the public. Who let Bubba into the exercise area? The Humane Society says it was unable to determine which of its employees put Bubba in that open area. 2 ."--."." '1" While it can be anticipated that Defendant shelter will argue that the door that P,J. went out into the exercise area had a "employees only" sign on it, at age five, P.J. was unable to read that sign, As the Humane society clearly knew, it was an easy matter to keep Bubba away from the public during hours that the shelter was open to the public, and the dog was not to be in the exercise area during that time. Yet its own policy with regard to this animal was violated. In light of the dog's history and the reckless disregard of the Humane Society, the Plaintiffs seek both compensatory and punitive damages in this case. II. statement of Basic Facts on Damaaes P.J. incurred medical bills of $12,375.94. Additionally, it is the testimony of his plastic surgeon that P.J. will require one or three additional procedures to decrease the amount of permanent scarring that he carries with him throughout his life. Horeover, P.J. remains terrified of dogs. Surely, that is not an unnatural reaction to the mauling he suffered. He initially had nightmares concerning the attack, and he is rarely willing to explain how he got his scars or in any way discuss the dog attack. Diane HcClead will never get over seeing her son in the jaws of that pitbull. Her only thought when she heard P.J. scream was to come to his aid, and she did that. She has experienced nightmares and flashbacks of the dog attack, making her extremely sensitive to P.J.'s injuries, pain and suffering. Horeover, she cared for P.J.'s wounds, gave him his medications, and comforted him through his pain. 3 Likewise, Ashley, nine years old at the time of the attack, has also been traumatized by what she saw. At first, she refused to go near P.J, after he came home from the hospital following the attack. That reaction has subsided, but like her brother, she remains terrified of dogs. III. statement of Principal Issues of Liabilitv and Damaqes A. OWNERS AND KEEPERS ON NOTICE OF A DOG'S VICIOUS PROPENSITIES ARE RESPONSIBLE FOR INJURIES CAUSED BY A DOG. Following English Common Law, Pennsylvania has, for more than a century, held that the owner or keeper of a dog who has notice of the dog's ferocious nature is bound to keep him so as to guard against similar conduct; if the mode of securing is insufficient, he is liable to the person afterward injured. Hann v. Weiand, 81 * Pat 243 (1875). In Mann, the Supreme Court stated: We think one instance may show such unmistakable evidence of a vicious propensity as to make the owner of the dog, with notice, liable for any subsequent act of a similar character. The ~ of the action for the subsequent misconduct of the dog, is for keeping it after knowledge of its vicious propensity: Hav V. Burdett, 9 Q.B., 10l; Wheeler V. Brant, 23 Bar., 324. It thereupon becomes the duty of the owner so to keep his dog as to guard against a repetition of similar misconduct. He is bound to secure it at all events, and is liable to parties afterwards injured if the mode he has adopted to secure it proves insufficient: Wood on Nuisance, section 763; Jones v. Perry, 2 Esp. 482; Mason v. Keelinq, 12 Hod., 332. The principle on which this rule rests was held in Hann v. Reed, 4 Allen, 431, to be, 4 Punitive damages may be awarded for conduct that is outrageous, because of the defendant's evil motive or his reckless indifference to the rights of others, In assessing punitive damages, the trier of fact can properly consider the character of the defendant's act, the nature and extent of the harm to the plaintiff that the defendant caused or intended to cause and the wealth of the defendant. Restatement, Second, Torts S908. Horeover, the Restatement defines "reckless disregard of 6 safety" : The actor's conduct is in reckless disregard of the safety of another if he does an act or intentionally fails to do an act which it is his duty to the other to do, knowing or having reason to know of facts which would lead a reasonable man to realize, not only that his conduct creates an unreasonable risk of physical harm to another, but also that such risk is substantially greater than that which is necessary to make his conduct negligent. Restatement, Second, Torts S500. In the case of Chambers v. Montaomerv, 411 Pa. 339, 192 A.2d 355 (1963), the Pennsylvania Supreme Court defined punitive damages, noting that all of the circumstances that surround the act must be evaluated. ~, 411 Pat at 345. In Focht v. Rabada, 217 Pat Super. 35, 268 A.2d 157 (1970), the Pennsylvania Superior Court relied on language from an Arkansas Supreme Court case, finding punitive damages appropriate where the conduct of the Defendant "was distinctly anti-social and the jury was amply authorized in saying by their verdict that he is exhibiting a 'wanton disregard of the rights and safety of others. "' 217 Pa, Super, at 37. At a minimum, this Court should listen to the evidence and decide at the conclusion of the case whether the jury should be charged on punitive damages, IV. Summarv of Leaal Issues Reaardina Admissibilitv of Testimonv. Exhibits or Other Matters Plaintiffs are unaware of any legal issues regarding these matters other than the normal legal issues found in most cases. V. Witnesses to be Called Diane and Paul HcClead, Sr. John Waddington - Kennel supervisor Christopher Hurphy - Humane Society Employee James Wilder - Humane Society Employee Lynne Clark - Humane Society Employee Hichele Orner - Humane Society Receptionist Diana Peiffer - Friend of HcClead Family Karen Decker, R.N. - Nurse visiting Defendant during attack Albert Huth - Hechanicsburg Shelter Hanager Edward Shore - Executive Director, Humane Society of Harrisburg, Inc. Dr. Lawrence Thompson, III - P.J.'s plastic surgeon Plaintiffs reserve the right to supplement this list in a timely fashion and to call witnesses identified by the Defendants. VII. List of Exhibits Medical records and medical records summary 7 CBRTII'ICATB OF SBRVICB I, Barbara J, smith, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the foregoing Plaintiffs' Pre-Trial Memorandum upon counsel for Defendant by placing same in the United states mail, postage prepaid on the ~O day of August, 1996, addressed as follows: Jefferson J. Shipman, Esquire GOldberg, Katzman & Shipman, P.C. 320 Harket Street P. O. Box 1268 Harrisburg, PA 17108-1268 ,f 11 '- ~ A- -:7 cL ..:.;.L Barbara J. Smith '. . , . . . ',"'-"'~. ,- 4'W OFI"ICIaI . GOLDBBRG. KATZMAN & SHIPMAN, P,C. 011O MARKaT STII..,. 'lITa.wnn8Y 8QUARB P. 0. BOX 11I8e . HARRISBURG. PEN"IIYLVANIA 17108-.""8 \ AU~ 22'rJiJP ". .. " dogs, they noticed that Paul was missing, Hrs. McClead claims that she then heard Paul crying and she re-traced her steps back through the shelter when she noticed a door which leads to an outside area used to exercise dogs was closing. Through the doorway she states that she saw Paul on the ground with the dog on top of her son. It should be noted that the doorway in question, which Hrs. HcClead had to have walked past in order to get to l:he kennel area, was clearly marked "Keep Out" and "Employees Only". Hrs. HcClead will apparently testify that she did not let her son out this doorway, but the Humane Society employees will testify that the door, which is made of steel, is very difficult to open, especially for a small child, if not impossible. Humane society employees will also testify that the doorway could not be locked for fire code reasons. After the bite, it is noted that Hrs. HcClead and Paul were found a substantial distance from the door in question, suggesting that Hrs. HcClead, nor Ashley, actually saw Paul being bitten and also that Paul was not being supervised by Mrs. HcClead for a considerable period of time. It is also expected that at least one Humane Society witness will testify that Mrs. HcClead admitted to letting Paul outside herself and shortly afterwards at the hospital, that she admitted that it was her fault that Paul had been bitten. The dog in question was a Staffordshire Terrier. It was the --....-.--- general policy of the Humane Society at the time the dog was 2 received in April of 1994, that Staffords, also known as pit bulls, were to be destroyed. The situation involving the dog in question was quite different and presented an unusual situation for the Humane Society. The dog was received as a very badly injured stray, having been hit by a car. Shelter employees cared for the dog on a daily basis. After a long recuperative period, the shelter decided to keep the dog rather than destroy him. with the exception of one relatively minor incident with a teenage girl being nipped on the buttocks by the dog, there were no other adverse situations with the dog until the incident with Paul HcClead, Jr. Prior to the incident in question, the dog had just recently been used in a promotional activity with boy scouts, which event was video-taped by a local news station. II. Basic Facts as to Damaaes. Paul McClead has undergone an exceptional recovery. His left ear is completely healed, with no noticeable scar. There is a small scar at his left chin area. He maY need some minor scar revision at this location according to his doctor, Lawrence Thompson. Emotionally, all of the Plaintiffs seem to have recovered from the incident. Paul and Ashley have little, if any, recollection of the incident. None of the Plaintiffs have been treated or counseled in any way. 3 III. statement of PrinciDal Issues of Liabilitv and Damaaes. a, Whether the Humane Society of Harrisburg exercised reasonable care; b. Whether the Humane Society of Harrisburg's negligence, if any, was a legal cause of the Plaintiff's injuries; c. Whether the Plaintiff, Diane HcClead, was negligent in failing to properly supervise Paul HcClead, Jr.; d. Whether Diane McClead's negligence was a legal cause of her son's injuries; e. Whether Mrs. HcClead and Ashley HcClead have valid claims for emotional distress; and f. Whether the Plaintiffs have stated a cause of action for punitive damages which can only be awarded in cases of outrageous and willful conduct by the Defendant. IV. Summarv of Leaal Issues Reoardina Admissibilitv of Testimonv, Exhibits or other matters. Defendant does not anticipate any difficult or novel legal issues. V. Witnesses to be called. Edward Shore, Executive Director Humane Society of Harrisburg 4 James Wilder Humane society of Harrisburg employee Lynne Clark Humane Society of Harrisburg employee Albert Huth, Shelter Manager Humane Society of Harrisburg John Waddington, Kennel Supervisor Humane Society of Harrisburg employee Justin Pettingale Humane Society of Harrisburg employee Christopher Murphy Humane Society of Harrisburg employee Hichelle Orner Humane Society of Harrisburg Diana Peiffer, friend of the HcClead family Karen Decker, visitor to the Humane Society at the time of the incident. Plaintiffs, Diane and Paul HcClead, as on cross-examination. Defendant reserves the right to supplement this list in a timely fashion and to call witnesses identified by the Plaintiffs. VI. List of Exhibits, a, Photographs of the Humane Society, Hechanicsburg Shelter; b. Videotape of Bubba at the Humane Society, Mechanicsburg Shelter; c. Diagram of the shelter by Plaintiff, Diane McClead; and d. Videotape of the shelter to describe the layout and location of the incident. 5 ...,";; .. . PAUL HCCLEAD, JR., a miner, by : IN THE COURT OF COMMON PLEAS his parents and natural guardians,: CUMBERLAND COUNTY, PENNSYLVANIA DIANE and PAUL HCCLEAD, : ASHLEY MCCLEAD, a minor, by her : CIVIL ACTION - LAW parents and natural guardians, : DIANE and PAUL HCCLEAD, and DIANE and PAUL HCCLEAD, Individually, NO, , . NOTICIA Le han demandado a usted en la corte, si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la escrita 0 en persona 0 por aboqado y archivar en la corte en forma escrita sus de fens as 0 sus objectiones alas demandas en contra de su persona. See avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la petie ion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICrO, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON DE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator cumberland County Courthouse, 4th Floor 1 Courthouse Square CarliSle, PA 17013 (717)240-6200 PAUL HCCLEAD, JR., a minor, by : IN THE COURT OF COMMON PLEAS his parents and natural guardians,: CUMBERLAND COUNTY, PENNSYLVANIA DIANE and PAUL HCCLEAD, ASHLEY HCCLEAD, a minor, by her parents and natural guardians, DIANE and PAUL HCCLEAD, and DIANE and PAUL HCCLEAD, Individually, : CIVIL ACTION - LAW NO. "N. j'.J.9 S' CWi1 'f.Lw..; Plaintiffs v, HUMANE SOCIETY OF HARRISBURG, INC., : Defendant JURY TRIAL DEMANDED COMPLAIHT 1. Plaintiff, Paul HcClead, Jr., is a minor who resides in Newville, cumberland County, Pennsylvania. 2. Plaintiff, Ashley HcClead, is a minor who resides in Newville, cumberland county, Pennsylvania. 3. Plaintiffs, Diane and Paul McClead, husband and wife, are the parents and natural guardians of minors Paul HcClead, Jr. and Ashley HcClead. 4, Plaintiffs, Diane and Paul HcClead, are adult individuals who reside in Newville, cumberland County, Pennsylvania. 5. Defendant, Humane Society of Harrisburg Area, Inc., is a corporation with a principal place of business in Mechanicsburg, cumberland County, Pennsylvania. 6. All of the events hereinafter related occurred on or after June 24, 1995. nS97/1JS 7. On June 24, 1995, a Saturday, Mrs, HcClead, Paul, Jr" and Paul's sister, Ashley, went to the Humane society shelter on Eppley Road in Hechanicsburg, Cumberland County, Pennsylvania. 8. As the HcCleads walked through the Defendant shelter, Paul, Jr., age five, opened a door and was immediately mauled by a pit bull. 9. At the time that the pit bull attacked Paul, Jr., the dog was unrestrained and unsupervised. 10. Diane McClead heard her son scream, saw the dog maul her child, and immediately suffered physical manifestations of fear and revulsion including increased heart rate, shortness of breath, elevated blood pressure, nausea, and shaking, consistent with a panic attack. 11. Additionally, Ashley HcClead saw the dog on top of her little brother mauling him, and immediately suffered physical manifestation of fear and terror, including faintness, pounding heart and shortness of breath. 12. Upon seeing the dog maul her son and literally lift the boy off the ground by his shoulder, Hrs, McClead ran to her son's aid, kicking the dog away from her son, all of which was seen by Ashley McClead. 13. By that time, however, the dog had nearly completely severed Paul's left ear and inflicted multiple bites to his face, scalp, right chest, right arm, and right scapula area. 2 14. The West Shore Emergency Hedical Services Advanced Life Support Unit was called, and it immediately transported Paul, Jr, to Polyclinic Hedical Center, 15, There, Paul, Jr. came under the care of reconstructive surgeon, Lawrence K, Thompson, III, H.D" who took Paul into surgery. 16. Dr, Thompson, under general anesthetic, re-attached Paul's left ear and repaired multiple lacerations throughout the ear. 17. Dr. Thompson then repaired the numerous scalp lacerations, two lacerations on the mid-forehead, a large laceration on the left cheek and onto the neck, puncture stab wounds on the right chest, laceration and puncture wounds of the right arm and axilla, and multiple areas of the right scapular area extending into the muscle and requiring placement of drains. 18. Paul, Jr. was kept at Polyclinic overnight and discharged on oral antibiotics. 19. Paul, Jr. returned to Dr. Thompson on June 26, 1995, for re-dressing of his wounds due to the amount of drainage, and the drains in his back were left intact. 20. Paul, Jr. returned again to Dr. Thompson on June 28, 1995, and at that time plans were made to remove hi. suture. under general anesthetic at Carlisle Hospital several days later. 21. On July 3, 1995, Paul McClead, Jr., underwent suture removal under general anesthetic at Carlisle Hospital, 3 22. He returned to Dr. Thompson on July 19, 1995, where his wounds appeared to be healing well. 23, Dr. Thompson has indicated that eventual revision of the dog bite wounds will be needed in all probability, but this should not be considered for a minimum of six months to a year. 24, Even with scar revision, Plaintiffs believe and aver that Paul, Jr, will be left with permanent scarring, 25. Paul, Jr, has also experienced psychological injuries manifesting themselves in nightmares, regression, and extreme terror of dogs. 26. Ashley has experienced psychological injuries manifesting themselves in revulsion, refusal to be near Paul, Jr. and his wounds, and extreme terror of dogs. 27. Additionally, their mother, Diane HcClead, has experienced nightmares, anxiety and feelings of over-protectiveness as a result of the attack on her son. 28. All the herein mentioned injuries and damages sustained by Paul HcClead, Jr, were the direct result of the negligent, careless, reckless, outrageous, wilful and wanton manner in which the Defendant allowed the dog in its control to be accessible to the public and attack Paul, Jr. as follows: (a) intentionally allowing the dog to be immediately accessible to the public through an unlocked door; (b) failing to assure that the dog was physically restrained on the Defendant's property; 4 (c) failing to assure that the dog was kept behind locked doors, that could be opened only by authorized per.onnel of the Defendant; (d) knowing of the vicious propen.itie. of the dog, and yet failing to keep the dog .egregated from the public that was encouraged to come to the Defendant'. .helter; ee) failing to ascertain the vicious propensities of the dog, warranting its segregation from the public; (f) while knowing that the dog had attacked others in the past, failing to assure that the dog would not come in contact with any patrons of the Defendant's shelter, and (g) failing to muzzle or otherwise immobilize the dog's jaws so that despite its vicious propensity, it would be unable to attack visitors to the Defendant's shelter. 29. It is believed and therefore averred that the dog had either attempted or succeeded in attacking others before it attacked Paul McClead, Jr. 30, It is believed and averred that the Defendant was aware of the dog's vicious propensities or .hould have been so aware. 31. To allow an animal capable of killing or mauling children to be housed behind an unlocked door acce..ible to the public while at the .ame time encouraging the public to come into the Defendant's shelter repre.ents both negligence and outrageous conduct in relation to all of the NcCleads, 32. Becau.e of the egregious nature of the negligence of the Defendant, that rhe. to the level of outrageous conduct evidencing 5 \ ,. !. _!:"...... reckless indifference to the rights of others, Plaintiffs are entitled to recover from the Defendant not only compensatory damages but punitive damages as well. comrr I Paul McClea4. Jr.. a minor. bY hi. Darent. an4 natural cuar4ians. Diane an4 Paul NcC1ea4. an4 Diane an4 Paul McClea4. in4iYi4uallv v. Humane Society of Barrisbura. Inc. 33. Paragraphs 1 through 32 of the Complaint are incorporated herein by reference. 34. All of the injuries and damages sustained by Paul HcClead, Jr., are the direct result of the negligence, carelessness, recklessness, outrageous, wilful and wanton manner in which the Defendant allowed the dog to be maintained and attack Paul HcClead as follows: (a) intentionally allowing the dog to be immediately accessible to the public through an unlocked door: (b) failing to assure that the dog was physically restrained on the Defendant's property: (c) failing to assure that the dog was kept behind locked doors, that could be opened only by authorized personnel of the Defendant: (d) knowing of the vicious propensities of the dog, and yet failing to keep the dog segregated from the public that was encouraged to come to the Defendant's shelter: (e) failing to ascertain the vicious propensities of the dog, warranting its segregation from the public: 6 (f) while knowing that the dog had attacked others in the past, failing to assure that the dog would not come in contact with any patrons of the Defendant'. .helter; and (g) failing to muzzle or otherwise immobilize the dog's jaws so that despite its vicious propensity, it would be unable to attack vi.itors to the Defendant's shelter, WHEREFORE, Paul McClead, Jr., by his parents and natural guardian., Diane and Paul HcClead, demands judgment against the Defendant in an amount or compen.atory damages in excess of $25,000 and in excess or any jurisdictional amount reguiring compulsory arbitration, COUJf'l' II Paul Keel..d. Jr.. a .lftor. bY bi. Dar.nt. ana Datural auardian.. ~iane an4 Paul MaCl.a4. Asbl.y MaC1ea4. a minor bv her oarents an4 natural auar4ians. Dian. an4 Paul McC1ea4. an4 Dian. an4 Paul MaClea4. in4ivi4ually v. RuaaDe Boaietv of Rarrisbura. Inc. 35, Paragrapha 1 through 32 and Count I of the complaint are incorporated herein by rererence. 36, At the time when Paul HcClead, Jr., was attacked on June 24, 1995, the Derendant had actual notice of the vicious propensities of the dog, and it knew or should have known that it had attacked or attempted to attack others in the past. 37. The Derendant's conduct in maintaining this vicious animal in an area acces.ible to the public while at the same time encouraqinq the public to come to its establishment represents outraqeou., wanton and wilful conduct warranting punitive damages. 7 WHEREFORE, Paul HcClead, Jr., by his parents and natural guardians, Diane and Paul HcClead, demands judgment against the Defendant in an amount of punitive damages in excess of $25,000 and in excess of any jurisdictional amount requiring compulsory arbitration, COUNT III Diane McC1ea4 v. Humane society of HarrisburG. Inc. 38. Paragraphs 1 through 32 and Counts I and II are incorporated herein by reference. 39. Diane HcClead witnessed the dog attack on her son, and she immediately experienced increased heart rate, nausea, elevated blood pressure, shortness of breath and shaking, consistent with a panic attack. 40. Hrs. HcClead has experienced nightmares, anxiety, and feelings of over-protectiveness as a result of the attack on her son. 41. It was foreseeable to the Defendant that the relative of a victim the dog attacked would experience contemporary sensory perception of the attack and resultant physical manifestations. WHEREFORE, Diane HcClead demands judgment against the Defendant in an amount of compensatory damages in excess of $25,000 and in excess of any jurisdictional amount requiring compulsory arbitration. 8 COUIIT xv a.hle. Koel..d. a .fllor. hY her a.rent. and Datural auardian.. Paul and Diane McC1ead v. Huaane Society of Barri.bura. Inc. 42. Paragraphs 1 through 32, and Counts I, II and III are incorporated herein by reference. 43. Ashley HcClead, age eight, witnessed the dog attack on her little brother, and she immediately experienced increased and pounding heart rate, faintness and shortness of breath consistent with overwhelming terror at seeing a close family member mauled. 44, Ashley has experienced nightmares, anxiety and revulsion/refusal to be near Paul, Jr, and his wounds as a result of witnessing the attack on her brother. 45. It was foreseeable to the Defendant that the relative of a victim the dog attacked would experience contemporary sensory perception of the attack and resultant physical manifestations. WHEREFORE, Ashley McClead, a minor by her parents and natural guardians, Diane and Paul HcClead, demands judgment against the Defendant in an amount of compensatory damages in excess of $25,000 and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM I Paul lIaCl..4. Jr.. a .fllor. bv hi. aarelit. ana Datural auardiall.. niall. AluS Paul lIoel..d. aDd DiaD. aIlel Paul lIael..4. individuallY v. au.ane Society of Barri.bura. InG. 46. Paragraphs 1 through 32 and Counts I, II, III and IV of the Complaint are incorporated herein by reference. 9 47, Plaintiff Paul HcClead, Jr., has been advised and therefore avers that the aforesaid injuries he suffered are or may be permanent in nature, and claim is made therefor, 48. As a result of said injuries, Plaintiff Paul HcClead, Jr, has undergone and in the future will undergo great mental and physical pain and suffering, great inconvenience in carrying out his daily activities and loss of life's pleasures and enjoyment, and claim is made therefor, 49. As a result of said injuries, Plaintiff Paul HcClead, Jr. has suffered permanent disfigurement, and, therefore, has been and in the future will be subjected to great humiliation and embarrassment, and claim is made therefor. 50. At the present time, it is unknown whether all of Paul HcClead, Jr's injuries will heal and/or can be further reduced by future surgeries; if such healing does not occur and future surgeries do not minimize his permanent scarring, he may incur future medical expenses and suffer a permanent impairment of earning power and earning capacity, and claim is made therefor. 51. As a result of said injuries, Plaintiff Paul HcClead, Jr. has experienced psychological injuries including nightmares, regression and extreme terror of dogs. WHEREFORE, Plaintiff, Paul McClead, Jr., a minor by his parents and natural guardians, Diane and Paul McClead, demands judgment against the Defendant in an amount of compensatory damages in excess of $25,000 and in excess of any jurisdictional amount requiring compulsory arbitration, as well as punitive damages. 10 . CLAIM II Diane and Paul Nce1ead v. Humane Societv of Harrisbura. Inc. 52. Paragraphs 1 through 32, Counts I, II, III and IV, and Claim I are incorporated herein by reference, 53, By reason of the aforesaid injuries sustained by their son, Paul, Jr. and daughter, Ashley, Plaintiffs Diane and Paul HcClead have been forced to incur liability for medical treatment, medicine, hospitalization and miscellaneous expenses in an effort to restore their children to health, and because of the nature of their injuries Plaintiffs are advised and therefore aver that they mayor will be forced to incur additional expenses in the future, and claim is made therefor, WHEREFORE, Plaintiffs, Diane and Paul McClead, demand judgment against the Defendant in an amount of compensatory damages in excess of $25,000 and in excess of any jurisdictional amount requiring compulsory arbitration, as well as punitive damages, CLAIM III Diane McC1ead v. Humane Societv of Harrisbura. Inc. 54, Paragraphs 1 through 32, Counts I, II, III and IV, and Claims I and II are incorporated herein by reference. 55. By reason of contemporaneously perceiving the attack on her son and the physical manifestations that she suffered, Plaintiff Diane McClead has undergone and in the future will undergo great mental and physical pain and suffering, and claim is made therefor. 11 56. Hrs. HcClead has experienced psychological injuries including nightmares, anxiety and feelings of over-protectiveness and claim is made therefor. WHEREFORE, Plaintiff, Diane HcClead, demands judgment against the Defendant in an amount of compensatory damages in excess of $25,000 and in excess of any jurisdictional amount requiring compulsory arbitration, as well as punitive damages. CLAIM IV Ash1ev McC1ead. a minor. by her aarents and natural auardians. Diane and Paul MoC1ead Y. HUmane Sooiety of Rarrisbura. Ino. 57. Paragraphs 1 through 32, Counts I, II, III and IV, and Claims I, II and III are incorporated herein by reference. 58. By reason of contemporaneously perceiving the attack on her little brother and the physical manifestations she suffered, Plaintiff Ashley HcClead has undergone and in the future will undergo great mental and physical suffering, and claim is made therefor. 59. Ashley has suffered psychological injuries including nightmares, anxiety and revulsion/refusal to be near Paul, Jr. and his wounds as a result of witnessing the attack on her brother, and claim is made therefor. WHEREFORE, Plaintiff, Ashley McClead, a minor by her parents and natural guardians, Diane and Paul McClead, demands judgment against the Defendant in the amount of compensatory damages in excess of $25,000 and in excess of any jurisdictional amount 12 requiring compulsory arbitration, as well as punitive damages. Respectfully submitted, ANGINO & ROVNER, P.C. ?~f.J(~ Pamela G. Shuman, Esquire I, D, No. 41696 4503 North Front street Harrisburg, PA 17110 (717)238-6791 Counsel for Plaintiffs DATED: october), 1995 13 VERIFICATION I, DIANE HCCLEAD, hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pat C.S. 14904, relating to unsworn falsification to authorities. WITNESS: ?~H~ ~JJ1'o,L 1\1 C((blJ Dane McClead DATED: October 3, 1995 ~I VERIFICATION I, PAUL MCCLEAD, hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pat C.S. 14904, relating to unsworn falsification to authorities. WITNESS: ?~)j.S~ 1h1f!?~ P ul HcClead DATED: October 3, 1995 4666O/lJ1 -. PAUL McCLEAD, JR" A MINOR, BY HIS PARENTS AND NATURAL GUARDIANS, DIANE AND PAUL McCLEAD; ASHLEY McCLEAD, A MINOR, BY HER PARENTS AND NATURAL GUARDIANS, DIANE AND PAUL McCLEAD; AND DIANE AND PAUL McCLEAD, INDIVIDUALLY, Plaintiffs : 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . V, . . HUMANE SOCIETY OF HARRISBURG, INC. , Defendant CIVIL ACTION - LAW NO. 95-5295 CIVIL TERM IN RE: PRETRIAL CONFERENCE At a pretrial conference held Wednesday, June 19, 1996, before the Honorable Harold E. Sheely, President Judge, neither trial counsel was present. A copy of an order which is attached hereto was presented indicating that Jefferson J. Shipman, Esquire, is directed to be at jury selection in Lebanon County commencing Monday, July 8th, 1996, at 9:30 a.m. and also for trial commencing Wednesday, July 10th, 1996, at 9:00 a.m. It is clear, therefore, that Mr, Shipman was attached in Lebanon County since February 27th, 1996, and cannot be here in CUmberland County for our trial date which starts on Monday, July 8th, 1996; therefore, the Court directs that the case be continued until the September term of civil trials which will commence on Monday, September 16th, 1996, and also that the parties appear for another pretrial conference on Wednesday, August 28th, 1996, at 9:00 a.m. ~- ~"._~'., -~ ~:-,.;" ." '" . ".. "~-"~>'~::' ~. I did not conduct a pretrial conference today .ince neither trial counsel was present and it seems clear that the case will not be tried here during the civil term of court. By the Court, Pamela G, Shuman, Esquire For the Plaintiffs Jefferson J, Shipman, Esquire For the Defendant :lfh I . , :'Jr"\ IN THE COURT OF COMMON PLEAS 011' LEBANON COON'l'Y PENNSYLVANIA CIVIL ACTION - LAW PAMELA J. KENNEDY, Parent : and Natural Guardian of . . NICOLE WILKE . . : .. v. . . . . BRICA L. STEWART . No. 94-01122 . . . v. . . : RALPH SAUDBR GOOD and . . TOWNSHIP 011' 8~~~ . . ORDER OF COURT AND NOW, to wit, this 27th day of February, 1996, following a pretrial conference, the above matter is scheduled for jury selection commencing Honday, July 8, 1996 at 9:30 a.m. and trial commencing Wednesday, July lO, 1996 at 9:00 a.m. in Courtroom No. 3 before the Honorable Samuel A. Kline. BY THE COURT , ,P.J. BR~. . cc: Jefferson L. Shipman, Esquire Timothy J. Huber, Esquire J. Michael Flanagan, Esquire Hilan K. Mrkobrad, Esquire ':,~ ~~n"\'.'11 . .. ~ \,H' . r ['I'Li:' 236 ,.,: II \\ \ ..... '\J ... .' A ""'''~ .-.. r\~t'II('1 ,; - '. \13:; bee ~-, I . ....:' . ; case. 1 , 96. '" 6ft 01 /,Z IJJ 0311;1 ~ Gli.l31N) -- 0' ::-: b; It: " I-- I...,; luf.:" hJ l... L'.' - - j~ f"< . ./... '. 9;: J~ (""l'.. - "J L..}4l. C"- --... --:1, - In) f". '0.. r- - " ,t. .:5 0 '-'. u *' COMMONWEALTH OF PENNSYLVANIA OEPARTMENT OF PUSLlC WELFARE BUREAU OF FINANCIAL OPERATIONS TPL SECTION. CASUAL TV UNIT P.O. BOX 8488 HARRISBURG.PA 17105 september 23, 1996 PAMELA SHUMAN ESQ ANGINO ANO ROVNER 4503 N FRONT ST HARRISBURG PA 17110 REI C/RI 0/11 CISI HcClead, Paul 21-00604BO-PS2 6-24-95 800109307 Dear Attorney Shuman, Thie letter will confirm my conversation with Connie of your office wherein I had adviaed that the Department of Public Welfare'a file will remain cloaed, and we will be aeeking no additional payments. Thank you for giving ua the opportunity to check for any additional chargea that may have been paid eince laat September. \ \., /:;? h. o!::~1 Donna H. Fries Claims Investigation Agent (117) 772-6612 CERTIFICATE OF SERVICE I, Barbara J. Smith, an employee of Angino & Rovner, P,C,/ do hereby certify that I have served a true and correct copy of the foregoing Supplemental Submission in support of Approval of Hinors' Settlements upon counsel for Defendant by placing same in the united States mail, postage prepaid on the olS- day of September, 1996, addressed as follows: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P. O. Box l268 Harrisburg, PA 17108-1268 Au,., if rf..__-dJ Barbara J. Smith , ~ PAUL MCCLBAD, JR., a minor, : by his parents and natural : guardians, DIANE and PAUL : HCCLBAD, ASHLEY MCCLEAD, : a minor by her parents and : natural guardians, DIANE : and PAUL MCCLBAD, and DIANE : and PAUL MCCLBAD, Individually: : V. I I HUMANE SOCIETY OF HARRISBURG, : INC. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5295 CIVIL TERM CIVIL ACTION - LAW AND NOW, this ~I pER OF COURT -- day of OCTOBER, 1996, upon consideration of Plaintiffs' Petition for Approval of Minors' Settlements, the Court being satisfied of the propriety of the settlements and that they are in the best interests of the parties, IT IS ORDERED that in accordance with the provisions of Pat R.C.P. 2039 of the Rules of Civil Procedure: (1) the settlement of the minors' claims in the amounts of $65,000 for Paul McClead, Jr. and $5,000 for Ashley HcClead are hereby approved as fair and equitable, (2) the distribution of the settlement funds of the minor Plaintiffs are directed as follows: Paul McClead, Jr., a minor $41,406.74 22,750.00 843.26 $65,000.00 $ 3,185.95 1,750.00 64.05 $ 5,000.00 Angino & Rovner, P.C. - legal Proportionate share of costs TOTAL Ashley HcClead, a minor Angino & Rovner, P.C. - legal Proportionate share of costs TOTAL . . ~"'I ,\~1" ~ ,)J\d 't ~ ~V-7~ >- ff ~F :: I "- ~t- ~ ft!,. 'r- f.'" 15 ,.... ~ (: ," ;~-;;~ 2;~ .,~ .:..J .>- :,~,~ ,.:;;~ : 't!3 _.!.:t,: -~ :j U ~ l- t..) C. ~ Jafferaon J. Shipman, laquira I.D. 151785 COLDIIllRQ, 1tA'l'DlAN " SHII'IIAN, P.C. 320 Xarkat Stra.t P. O. Box 1268 Harriabur;. PA 17101-1268 (717) 23.-4161 Attomaya for Defendant PAUL MCCLEAD, JR., a minor, ~ his parents and natural guardians, DIANE and PAUL MCCLEAD, ASHLEY HCCLEAD, a minor,' ~ her parents and natural guardians, DIANE and PAUL MCCLEAD, and DIANE and PAUL MCCLEAD, Individually, Plaintiffs THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 95-5295 CIVIL TERM v. HUMANE SOCIETY OF HARRISBURG, INC., Defendant JURY TRIAL DEMANDED 1>Rlt.1ll"IPB TO THE PROTHONOTARY: Please mark the above-captioned matter settled and discontinued. Respectfully submitted, ANGINO " ROVNER Date: IO'~\-'fL. By:~H,~ PAMELA G. SHUMAN, ESQUIRE 4503 North Front Street Harrisburg, PA 17110 Attorney for plaintiff ~ co ~ C"'; ~~ .. :_)....' - ~.. ) -,:} '. --~ Ci: . <~ '~.J ~r .'5'. ("' :~ U) t ..... -'. (Y'; ;/~ .-... t- '- ...-- U' 'c.IUJ -L U .C:::l., f- Q ..... u. \0 :::::"i 0 Cj\ G . JOSl:I'lI M_ MH.lLUJ TICRRY S IIYMAN DAVID I.. I.Irrl MICIIAEI. E. KIlSIK PAMEI.A O. SilliMAN RICIIARII A SAIII.IK'K IIAVlll S. WISNI"~KI ANGINO & ROVNER, P.C. NIJOU; c. UI~'\(}N MICIIAEI.J NAVITSKY I.AWRliNCIi I' IIARIlNli llAWN I.. Jf.NNINOS STf.I'IIEN R l'liIlERSEN sOIllMIlN 7_ KREVSKY IOSm'1I M. lXlRIA I.ISnUIN TIlE BEST LAWYERS -IN- AMERICA RICIIARIJ (' ANGlNO NULl RIlVNliR November 15, 1996 Lawrence E. Welker, Prothonotary County of Cumberland CUmberland County Courthouse One Courthouse square Carlisle, PA 17013 Re: Paul HcClead, Jr., et al. v. Humane society of Harrisburg, Inc. No. 95-5295 Dear Hr. Welker: Per Judge Sheely's Order of October 31, 1996, enclosed for filing please find proof of deposit of minors' settlement funds. Thank you for your cooperation in this matter. Very truly yours, I I , I I I '~D.~ Pamela G. Shuman cc: Jefferson J. Shipman, Esquire (with enclosure) Enclosures /bjs 102539I1JS 4503 NORTH FRONT STREET. HARRISBURG. PA '1110.'108 I I I 11111238-6191 FAX 1111) 238-5&10 C,,,,.,,,: fr. CO) : - ~ ..:2 .. \'?:'l: ~s N ';~ lEC CC .. . >. ~r-: .::..1 C .--.- "- co "en u.. '2: f'f!;. :>- ~2: Iti] .. c:: .~ 0- ,- -,- - u. l.D j a 0' (..) NOV-14-96 THU 12:27 PM DAUPHIN DEPOSIT GIA~T FAX NO. 7172406737 - - ---.. ~AJ. v~u D~I''U\ ANU lKUST COMPAIVV . M_AFi.lC P. 04 NUMBER: 8140580961 TYPE: 860 CERTIFICATE OF DEPOSIT ACCOUNT INFORMATION DATE: 11/12/96 AMOUNTf _ 3,186.95 .... 1.- AIlHUY R MCCI.IAD '.... ..,.;..-;.-.;_. ... WHISkEY RIM RO APT C 188.C1C1.oo72 11/1 1/88 711."10 .11;. 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