HomeMy WebLinkAbout97-05369
6. Immediately before the subject motor vehicle
accident, the Defendant stopped at the stop sign on Creekside Ro~d
and planned to turn left onto Center Street and travel in a south
direction on Center Street.
7. The Defendant pulled ft'om the stop sign area on
Creekside Road, directly into the path of Mrs. Howell's vehicle,
causing a collision,
8. The foregoing accident and all of the injuries and
damages set forth hereinafter sustained by Plaintiffs are the
direct and proximate result of the negligent, careless, wanton and
reckless manner in which Defendant Rader operated his motor vehicle
as follows:
a, failure to yield the right'of-way to Mrs,
Howell's vehicle;
b. failure to keep a proper watch tor traffic on
Center Street;
c. failure to keep proper and adequate control
over his vehicle; and
d, driving his vehicle upon the highway in a
manner endangering persons and property and in a reckless
manner with careless disregard to the rights and safety of
others and in violation of the Motor Vehicle Code of the
Commonwealth of Pennsylvania.
CLAIM I
Amanda Gordon, a minor, bv and throuqh her Mother and
Natural Guardian. Kim Howell v. Samuel C, Rader. Jr,
9. Paragraphs 1 through 8 of the Complaint are
incorporated herein by reference,
10. PIa inti ff Amanda Gordon sustained painful and severe
injuries which include but are not limited to facial lacerations,
2
ear pain, left knee trauma causing an aggravation of a pre-existing
condition, and left patellofemor.al pain and subluxaticn,
11. By reason of the aforesaid injuries sustained by
Amanda, her mother was forced to incur liability for medical
treatment, medication, emergency room care, physical therapy, and
similar miscellaneous expenses in an effort to restore her daughter
to health, and claim is made therefor.
12. Because of the nature of her injuries, Amanda and
het mother have been advised and, therefore, aver that Amanda may
be forced to incur similar expenses in the future, and claim is
made therefor.
13. As a result of the aforementioned injuries, Amanda
has undergone and in the future may undergo further physical and
mental suffering, inconvenience in carrying out her daily
activities, loss of life's pleasures and enjoyment, and claim is
made therefor,
14. As a result of the aforesaid injuries, Plaintiff
Amanda has been and in the future may be subject to humiliation and
embarrassment, and claim is made therefor.
15. Amanda continues to be plagued by left knee pain and
limitation and, therefore, avers that her injuries may be of a
permanent nature, causing residual problems for the remainder of
her lifetime, and claim is made therefor,
3
CI,AIM II
Kim Howell v. Samuel C. Rader. Jr,
16. Paragraphs 1 through 15 of the Complaint are
incorporated herein by reference.
17. Plaintiff Kim Howell sustained painful and severe
injuries which include but are not limited to a left hand injury
causing the development of a cyst formation at the base of her left
thumb, eventually necessitating removal of a ganglion cyst on July
25,1996.
18, Mrs, Howell also sustained a partial tear of the
ulnar collateral ligament and dorsal capsule of the left thumb MP
joint as a direct result of the motor vehicle accident.
19, By reason of the aforesaid injuries sustained by
Mrs. Howell, she was forced to incur liability for medical
treatment, medication, surgery, and similar miscellaneous expenses
in an effort to restore herself to health, and claim is made
therefor.
20. Because of the nature of her injuries, Mrs. Howell
has been advised and, therefore, avers that she may be forced to
incur similar surgical expenses in the future, and claim is made
therefor,
21. As a result of the aforementioned injuries, Mrs.
Howell has undergone and in the future will undergo further
physical and mental suffering, inconvenience in carrying out her
daily activities, loss of life' 8 pleasures and enjoyment, and claim
is made therefor.
4
22. As a result of the aforesaid injuries, Mrs. Howell
has been and in the future will be subject to humiliation and
embarrassment, and claim is made therefor.
23. As a result of the aforementioned injuries, Mrs.
Howell has sustained work loss, loss of opportunity, and a
permanent diminution of her earning power and capacity, and claim
is made therefor.
24. Mrs. Howell continues to be plagued by persistent
pain and limitation of her left thumb and, therefore, avers that
her inj uries may be of a permanent nature, causing residual
problems for the remainder of her lifetime, and claim is made
therefor.
25. As a result of the aforementioned accident, Mrs.
Howell has suatained scars of her left thumb, resulting in
permanent disfigurement, and claim is made therefor.
CLAIM III
Dale A. Howell v. Samuel C. Rader. Jr.
26. Paragraphs 1 through 25 of the Complaint are
incorporated herein by reference.
27. As a result of the aforementioned injuries sustained
by his wife, Plaintiff Kim Howell, ~laintiff Dale Howell has been
and may in the future be deprived of the care, companionship,
consortium, and society of his wife, all of which will be to his
great detriment, and claim is made therefor.
5
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4, Admitted,
5, Admitted.
6. Admitted.
7. Denied, It is specifically denied that Mr. Rader
pulled his vehicle from the stop sign at Creekside Road directly
into the path of Mrs, Howell's vehicle. To the contrary, as Mr,
Rader wae stopped on Creekside Road at its intersection with
Center Street, a car traveling northbound on Center Street
indicated its intention and began to turn right onto Creekside
Road. As this occurred, Mr. Rader commenced turning left onto
southbound Center Street. The vast majority of Mr. Rader's car
had completely passed over the northbound lane of Center Street
when the Howell vehicle suddenly accelerated from behind the
vehicle making the right'hand turn onto Creekside Road in an
attempt to pass by said vehicle. In doing so, the Howell vehicle
entered into the southbound lane of Center Street, colliding
broadside into Mr. Rader's vehicle.
8. (a), (d) Denied. The averments of this paragraph
and subparagraphs of the Plaintiffs' Complaint recite legal
conclusions to which no response is required. To the extent that
a response is indicated, however, Mr, Rader avers that at all
times and for all purposes relevant to the subject motor vehicle
accident, he operated his vehicle in a careful and prudent
, 2 .
"
CLArM II
Kim Howell v. Samuel C. Rader. Jr,
16, Mr. Rader incorporates herein by reference his
answers to paragraphs 1 through 15 of the Plaintiffs' Complaint
as if the same were set forth in their entirety.
,17,25. Denied. The averments of this paragraph of the
Plaintiffs' Complaint recite claims of damages, after reasonable
investigation of which, Mr. Rader is without knowledge or
information sufficient to form a belief as to their truth and,
therefore, said averments are denied. It is averred, however,
that Mr, Rader did not negligently cause any injury or damage to
Plaintiff, Kim Howell.
CLAIM III
Dale A. Howell v. Samuel C. Rader. Jr.
26. Mr. Rader incorporates herein by reference his
answers to paragraphs 1 through 26 of the Plaintiffs' Complaint
as if the same were set forth in their entirety.
27. Denied. The averments of this paragraph of the
Plaintiffs' Complaint recite claims of damages, after reasonable
investigation of which, Mr. Rader is without knowledge or
information sufficient to form a belief as to their truth and,
therefore, said averments are denied. It is averred, however,
that Mr. Rader did not negligently cause any injury or damage to
Plaintiff, Dale Howell.
~
, 4 '
WHEREFORE, Defendant, Samuel C. Rader, Jr.. demands
judgment in his favor and again.st PlaintiE fs,
NEW MATTER
28. Mr. Rader hereby incorporates by reference h.i.a
answer to paragraph 7 of the Plaintiffs' Complaint as if the same
was set forth in its entirety.
29. To the extent currently applicable a~ to the
extent that it may lat<;'!r prove to be appl icable, Mr. Radf;lr hereby
pleads the statute of limitations to preserve thLI affirmative
d~fense for the record.
30. Plaintiff, Kim Howell was contributorily negligent
and/or assum~d the risk.
31. At all times and for all purposes relevant to the
events of the subject motor vehicle collision, Mr. Rader was
operating his motor vehicle in a careful, safe and prudent.
fashion and he in no way negligently caused Ot' negligently
contributed to cause any injury or damage to Plaintiffs.
32. To the extent that Plaintiffs have any of the
injuries they allegE! in their Complaint, it is averred that, in
whole or in part, any such inj uries or damages are not CilulIlIlly
related to the subject motor vehicle accident.
33. Plaintiffs' claims are barred in whole or in part
by application of the provisions of the Pennsylvania Motor
. 5 '
Vehicle Financial Responsibility Law, Act of February 12, 1984,
75 Pa. C"S,A. U701, e.t lil..e.Q., as amended.
COUNTERCLAIMS IN ACCORDANCE WITH
PENNSYLVANIA RULE OF CIVIL PROCEDURE 1031 AND 2252
,
COUNTERCLAIM I
34. At the location of the subject motor vehicle
accident, Center Street is a two,way roadway with travel lanes
for north and southbound traffic.
35. No passing is permitted on Center Street at the
location of the subject motor vehicle accident.
36. Mr. Rader herein incorporates by reference the
facts s~t forth in paragraph 7 of this Answer as if the same were
set forth in their entirety.
37. To the extent Plaintiff, Amanda Gordon, sustained
any injury or damage as a result of this motor vehicle accident,
wnich is specifically denied, any such injury or damage was
directly and proximately the result of the negligence of
Plaintiff, Kim S. Howell, in that she:
(al Negligently attempted to pass another
vehicle at a location on the roadway where it was not
permissible to do so and where it was unsafe to do so;
(b) Failed to keep a proper lookout and watch
for vehicles properly entering onto Center Street under
the circumstances which were then presented;
,6,
(c) Negligently failed to maintain her
vehicle at a proper speed and otherwise keep her
vehicle under proper and adequate control to avoid
endangering persons and property along the roadway.
38. To the extent that Plaintiff, Amanda Gordon, has
sustained any injury or damage resulting from the subject mot.or
vehicle accident, which is specifically denimI, Plaintiff, K.im S.
Howell is alone liable to Plaintiff, Amanda Gonion, fot' ilny ouch
injury or damage, liable over to Defendant, Mr. Rnrhn" , or is
joint.ly or severally liable to Plaintiff, Amanda Gonion,
WHBRBFORB, Defendant, Samuel C, Rader, Jr., demands
judgment in his favor on this Counterclaim against
Plaintiff/Additional Defendant, Kim S. Howell,
COUNTERCLAIM I I
39. Defendant, Samuel C. Rader, Jr" incorporates
herein by reference paragraphs 34 through 38 above as though the
same were set forth in their entirety.
40. The motor vehicle which Mr. Rader was operating at
the time of the accident was a 1986 Chevrolet Cavallf,lr two,door
coupe and was owned by him with a vehicle .identification number
42821854005.
41. As the result of the subject motor vehicle
accident, Mr. Rader's aforesaid motor veh.icle WIIS damaged beyond
repair and had to be towed from the scene ~t an expense to Mr.
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111 ~ II
AMf\NDA GORDON, 11 Minor, by :
I1nd through her Mother I10d
Naturl11 OUlll'dil1O, KIM S.
HOWELL, I10d DALE A.
HOWELL I10d KIM S. HOWELL,
Individually,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 CIVIL 5369
Plaintiffs
v.
JURY TRIAL DEMANDED
SAMUEL C, RADER, JR.,
Defendl10t
NOTICE TO PLEAD
TO: Samuel C. Rader, Jr" Defendl10t
c/o Michael M. Badowski, Esquire
REYNOLDS & HAVAS
101 Pine Street
P,O. Box 932
Harrisburg, PA 17108-0932
YOU ARE HEREBY NOTIFIED, that the New Maller set forth herein contains averments
against you to which you are required to respond within twenty (20) days after service thereof.
Failure by you to do so may constitute 110 admission. .
Respectfully submilled,
THOMAS, THOMAS & HAFER
.--.--
By:
k, Esquire
. 27758
305 North ront Street
P.O. Box 999
Harrisburg, P A 17108
(717) 237-7100
Allorney for Counterclaim Defendl10t
Kim S. Howell
.
Dated: November 21, 1997
such costs, el<penses and attorney's fees as authorized by law and which the court deems
necessary, just and flpp,opriate under the circumstances.
COUNTERCLAIM II
39. Counterclaim Defendant, Kim S, Howell. incorporatcs by refllrence lIS if set out
in full her answers to paragraphs 34 to 38 above,
40. As the police report refers to the Rader vehicle as a 1995 Chevrolet Cavalier, the
answering party is without knowledge as to whether it was a 1986 or whether it was a two-door
coupe, but thc remaining averments of paragraph 40 arc admitted.
41. After a ,easonable investigation, the answe,ing Defendant is without knowledge
or information sufficient to fo,m a belief as to the truth of the ave,ments of this paragraph and
the same are therefore denied and proof thereof demanded,
42. After a ,clISonable investigation, the answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the ave,ments of this paragraph and
the same arc therefore denied and proof thereof demanded,
43, After a ,easonable investigation, the answering Defendant is without knowledge
or information sufficient to form a belief as to the truth of the ave,ments of this paragraph and
the same are therefore denied and proof thereof demanded,
44. Denied pursuant to Rule 1029(e),
WHEREFORE, Counterclaim Defendant demands that the Counterclaim be dismissed and
judgment entered in her favor and against the Defendant without cost to her but together with
such costs, el<penses and attorney's fees as authorized by law and which the court deems
necessary, just and appropriate under the circumstances.
NEW MATTER
I, Kim S, Howell incorporates by refcrence as if set out in full her Complaint against
Mr, Rader as if the same we,e set forth in its entirety,
2, Those defenses which need not be pleaded and are raised automatically are so
2
raised, any liability or responsibility on behalf of the answering party being hereby expressly
denied.
WHEREFORE, Counterclaim Defendant demands that the Counte,c1aim be dismissed and
judgment entered In her favor and against the Defendant without cost to her but together with.
such costs. expenses' and attorney's fees as authorized by law and which the court deems
necessary, just and appropriate under the circumstances,
Respectfully submitted,
THOMAS, THOMAS & HAFER.
By:
"'\...
Timothy I. ar Esquire
Attorney !.D. #1 58
305 North Front Street
P.O, Box 999
Harrl sburg. P A 171 08
(717) 237-7100
Attorney for Counterclaim Defendant
Kim S. Howell
Dated: November 21, 1997
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301 NOATH 'AONT STAUT
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HAR"IS.URO. "14.11108
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GORDON/HOWELL
File No.
97-CIVIL-5369
RAPER
SUBPOENA TO PROOUCE DOClJoBn'!: OR TH I NGS
FOR DISOOVE:RY PlR!:llAWl' TO IM.E 4009:22
TO: ____~USTODIAN OF RECORDS FOR: SEIDLE MEMORIAL HOSPITAL
- (N.,., of Person 01" Ent ity)
Within twenty (20) days after service of this subpoena, you are OI"dered by the CXlUrt to
prociJce the following docunents 01" things: ___ SEE ATTACHED
at ____~.E MCS GROUP, INC., 1601 MARKET STREET SUITE 800. PHILADELPHIA PA 19103
(Address)
You /My deliver or mail legible copies of the docunents or produce things requested hI
this subpoena, together with the certificate of o:rrpliance, to the party _king thi!
request at the address 1 isted lIbove. You have the right to seek in advance the reasonablf
cost of Pl'"ll9aring the copies or producing the things sought.
I f you fail to produce the docunents 01" things requirod by this subpoena within twenty
(20) oays after its serv~ce. the party serving this subpoena may sCtek a court order
CXIllHlll ing you to a:rrp Iy with it,
THIS SUBPOENA WAS ISSUED AT THE REQUEST ~ 1lE FOLLQIIING PERSON:
NAME: MICHAEL M. BADOWSKI, ESQUIRE
AOORESS: 10I PINE STREET PO BOX 932
HARRISBURG PA 17108-032
215-246-0900
'TELEPH:lNE:
Sl*,R&E exulT
ATTORNEY FOIl:
10 II
nRFFNTlANT
DATE: \'\\C\('l" \, \ 1.0 '8:lli
Sea I of the Oourt
BY 1lE OClU'lT:
t (i f\.L) Q. t~~
Prothonotary/Clerk, C Yi! Division
'Aha ~A
Deputy
"Eft. 7/97)
COMMCINWI':AI.'J'J-1 OP' l'I':NNf-;YI,VAN rA
GOUN'I'Y 011' C:UMBt!:HI.ANt>
IN THE MATTER OF,
l;OUR1' 01' COMMOII PLF.M,
GORDON /HOWELI.
TERM, 0000
.VS-
CASE NOI 97-CIVIL,~3~9
RADER
NO'l;lCI,L9l" _IN'l'EN'l' 'J;Q. SEI{YE ^ Sl!!!!,.Q.IllltL'!~ftJ'''~OJ;&.c,;~J?-OCUMEN'I'S
JOHN C. STONER, M.D.
HOLY SPIRIT liDSI'
ORTHO. INST1TUTE OF PENN
SEIDLE MEMORIAL HOSP1TAL
ROBERT J ~~URER M,D,
HEDICAL RECORDS & XRAVS
1.IEDICAI, AND X,RAY(S)
~IEDICAL RECORDS & XRAVS
HEDICAL AND X,RAY(S)
IIEDICAL RECORDS & XRAVS
TO, TIMOTHY HAHK ESQ
DAVID L. LUTZ. ESQUIRE
MCS on behall III ttl<;!!~ADOWSf;I~~U}B.!L___ intellds to serve a sohpoPIl.
identical to the olle that iR at toched to L1lis not ice, \'IIU have twenty (20)
day. from the dote !Jated I,plllw ill whll'h to lile of '''';I.rd and s"rve upon th"
undersigned 811 ohjectinn to the suup"ellll. If 110 o:'j", lion is lIIa<.l.. the subpoell.
may ue serveu pursuant tu the applicahle' Penn.ylvanin Rul"s of Civil Pr",,,'dllle
4009.24. Compl"te cupies or any repruuucpu reco..18 may h.. ordered at YOUI
expense uy cumpleting the attal'hed cllulls,,1 csru anu l!'turning 8ame to MCS Ill'
uy contactinl\ our locol MCS office.
DATE. 3/18/98
MCS on behaH of
mCtlAEL' BADOWSKI, ESQUIR~___
Attorney for DEPENDANT
CCI MICHAEL BADOWSKI, ESQUIR\!',
- 37981
Any questions rel\srding this matter, cnntact
'rNE MCS GROUP, INe.
1601 MARKET STREET
N600
PIItLADELPHIA PA lQl03
(;!15) 2/,6,0900
IJW~,060808 !",3:L 2 9 - C ('I '"
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c.:OMMONWl':AI,.'I'H OJ:" Pt1:NNr-;YJ,VAN-J A
COUNTY Of!' GUMBf1:RJ.AND
III THE MATTER 01' I
COUR'I' OF COMMON PI.M~
GORDON I HOWELl.
,VS.
1'ERM, 0000
CASE NOI 97.CIVIL.,536Q
RADER
NO'l'IC!LOl',__!.N'l'EN'l' '1'0 ~E~.Y_L!.\:.JillBI'Q.E~/L'!,.Q I'I!QI?UCE:__I:>.Qt::!l!1liN.!~
JOHN C. STONEH, M.D, MF.DICAL REcorms & XRAY~
HOLY SPIRIT 1I0SP MEDICAL HECORDS & XRA YS
ORTHO, INSTITUTE OF PENN HED1CAL. HEGORtJS & XRA YS
CENTRAL PENN PIIYSICAL THERAPY HEDICAL. RECOHDS & XRAYS
DR. KEITH ZELIGER HELJICAL RECORD:; r. XHA','S
TO, TIMOnlY ~IARK ESQ
DAVID L. LUTZ. ESQUIRE
MCS on behal t or HlCHAEL B_^DOW~K},~f!.gUll\!,__..__ l11I..IId, to BHve a Buhpllell"
identical to the line that ili attached t.1I thin Ill,l.Jep, \'lIU have twenty (20)
days from the date listed helow in which tll filp of ,"cllrd and serve upon t.he
uodersigned no ohject.ion t.o t.he Rubpoella. If no OhJ"ll illn is made the Ruhpllella
may be served pursuant to the appLicablp Pp.nn"ylvan In RlII~a lIf Civil Prucpdlll'e
4009.24. Complf.te copiea of any reproducpd reclIrda may he ordered at your
expenBe by completing the att.ached clIullael cud and tetllrniOI\ Ba",.. to, MCS or
by contactiny, 0111' local MCS llffiee.
DATE, 3/2~/96
MCS on beha if 0 f
I,.
MICHAEL BADOWSKI, ESQUIRE
At,torney for DEFENDANT
CCI MICHAEL BADOWSKI, ESQUIRE
. 37981
Any questions re~ardin~ this matter, contact
TIll': MCS GROUP. LNC.
1601 MARKET S'rRI':I':T
'800
PHILADELPHIA PA 19103
(215) 246,0900
DElI2,OGl246 53202-C02
c:nJvlMONWJi:AI.,'I'H 01:1' pn:NI'Jfl....I.,VAN.1 ^
COUN'I'Y OJ:" CUMBn:HI.AND
IN TIlE MA'f'J'ER 01' I
GORpON /UOWELI.
COUP,T OF CfJMHON PLI':Ar.
,YS,
'l'ERH, 0000
CASY. NOr 97.CIYIL-')~64
RADF.R
NO'!'X CE . OJ'.!!IT!t~1'_:rQ_ SF;IW!L~.J3U!!l~OI':!llL ~!~,l'~O.L>Yc~, DO~,;.!!!1!~.N.~l~
JOliN C. STONER. M,O. HEDICAL RECORDS & XRAYS
HOLY SPIRIT "asp "'EDleAL RECORDS {, XIlAYS
ORTHO. INSTITUTE OF PENN I1EDICAL RECORDS {, XRAYS
CENTRAL PENI~ PIIYS;CAL 'f1/ERAPY 11EDICAL P.ECORlJS b XRAYS
DR, KEI TH ZELlGER I1EDICAL RECORDS {, XRAYS
Tal DAVID L, LUTZ, ESQUIRE
TIMOTHY ~IAHK ESQ
MCS on uehalf of tllCIIAEL BilDOWe.I:l~g!!.I1,E __,_, i"leli~r, \'Cl serv'e a UUbpCl<!I1A
identical tu thp one that i. Attached to thiB notice, Yo" have twenty (20)
days from thl> ~Ate liste~ !I,dov. in which 1.1) file ',If tl'('I,nl Anu s..rve ul"'" Ih-
undersign..d an ohjection'to the "uhpo.no. If lIO IIhjen {on iR made the Auhp"."A
may be Berved pursuant tu tI,. Applicable l'ellllHylvania 1l1l1p.B or Civil Pr"","dlll.
4009.24. Complete cClpieB or Any l'eprouul'l'U records lIlay be ordered at y"ur
expell~e by cOlllpleting the Attad",u cou"sel CAn] and returning Bailie tll MCS "I'
by cuntacting our lucal Mer. [Iff [':..,
DATEI 3/25/98
MCS on behalf of
'~AEL BADOWSKI, ESQU1RE
AU orney fur DEFENDANT
CC, MICHAEL BADOWSKI,' ESQUIRE
- 37981
Any queatIun" regarding this malter, cuntact
THE MCS GROUP. INC,
1601 .~RKET STREET
1800
PHILADELPHIA PA J~10]
(215)' Z46,0900
lJE01,Or,1245 .5 3 2 02 - CO '.I
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5. At the time of the accident, Defendant Samuel Rader
had been traveling west on Creekside Road, approaching the
intersection of Creekside Road and Center Street,
6, Immediately before the subject motor vehicle
accident, the Defendant stopped at the stop sign on Creekside Road
and thereafter proceeded to turn left on to Center Street,
attempting to travel south on Center Street,
7, In a Complaint filed in the Court of Common Pleas of
Cumberland County, the Plaintiffs alleged that the Defendant pulled
from the stop sign area on Creekside Road, directly into the path
of Mrs. Howell's vehicle, causing a collision.
B. As a result of the accident, a claim was brought
against Defendant Rader.
9, The Defendant, by and through State Farm Insurance
Company, Mr, Rader's liabil i t Y insurance carrier, has agreed to
pay, subject to approval of Your Honorable Court, a compromise of
Amanda's claim in the sum of $13,500,00,
10. In view of the uncertainty of securing a verdict in
excess of $13,500.00, your Petitioner believes that it is in the
best interest of Amanda that the proposed settlement be accepted
and approved.
11. Should Your Court deem it necessary to schedul.e a
hearing to approve the settlement, and if a hearing is scheduled,
Amanda, Ms. Howell, and Plaintiffs' counsel will be present at the
hearing,
2
12. Your Petitioner has retained the law firm of Angino
& Rovner, P.C., to prosecute this action and has entered into a
contingency fee contract with said attorneys whereby said attorneys
are to receive, for prOfessional services, 35't of any amount
recovered after filing suit.
13. Petitioner has agreed, subject to approval of Your
Court, to pay Angino & Rovner, p,c., the sum of
or 25't (minus $4,05 fee conceSsion) of the gross
Honorable
$3,370,94,
settlement.
14, Petitioner has agreed, subject to approval of Your
Honorable Court, to reimburse Angino & Rovner, P.C" the sum of
$2,914,05 incurred in prosecuting this claim. It should be noted
that the case settled on the Friday before a Monday trial and
consequently, the expenses included the costs incurred to have the
case ready for trial.
15. Petitioner avers that the remainder of the
settlement, $7,215.00, is to be placed in the Harris Savings Bank,
provided that no withdrawal will be made therefrom until Amanda
Gordon reaches majority, except as authorized by Court Order.
WHEREFORE, Petitioner requests Your Honorable Court to
approve Amanda Gordon's settlement and authorize the payment of
attorney's fees and out-of-Pocket expenses. The Petitioner
requests that Your Court order that $7,215,00 be deposited in the
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NO POSTAGE NECESSARY,
POSTAGE HAS BEEN PREPAID BY
ANGlNO & ROVNER PC
4503 NORTH FRONT STREET
HARRISBURG PA 17110
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AMANDA GORDON, a Minor, by
and through her Mother and
Natural Guardian, KIM S,
HOWELL, and DALE A. HOWELL
and KIM S, HOWELL,
Indi vidually,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiffs
NO. 97-5369
vs.
SAMUEL C, RADER, JR"
Defendant
~
vs, ~
~
KIM S, HOWELL, ~
Additional Defendant~ JURY TRIAL DEMANDED
PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISED
SETTLEMENT AND DISTRIBUTION OF PROCEEDS
The petition of Amanda Gordon, a minor, by Kim S. Howell, her
mother and natural guardian, respectfully represents:
1. Amanda Gordon, the minor Plaintiff, is the daughter
of Kim S. Howell, Petitioner herein, Amanda is 17 years old,
having been born on December 15, 1960,
2. On July 13, 1996, Amanda sustained left knee
injuries after being involved in a motor vehicle accident.
3. At the time cf the accident, Amanda was a passenger
in her mother's vehicle,
4. Kim Howell had been traveling north on Center
Street, approaching the intersect ion of Center Street and CI'eekside
Road, Cumberland County, Pennsylvania.
141380/MTG
1
5. At the time of the accident I Defendant Samuel Rader
had been traveling west on Creekside Road, approachin~ the
intersection of Creekside Road and Center Street,
6. Immediately before the subject motor vehicle
accident, the Defendant stopped at the stop sign on Creekside Road
and thereafter proceeded to turn left on to Center Street,
attempting to travel south on Center Street,
7. In a Complaint filed in the Court of Common Pleas of
Cumberland County, the Plaintiffs alleged that the Defendant pulled
from the stop sign area on Creekside Road, directly into the path'
of Mrs. Howell's vehicle, causing a collision.
6, As a result of the accident, a claim was brought
against De!endant Rader,
9. The Defendant, by and through State Farm Insurance
Company, Mr. Rader's liability insurance carrier, has agreed to
pay, subject to approval of Your Honorable Court, a compromise of
Amanda's claim in the sum of $13,500.00.
10. In view of the uncertainty of securing a verdict in
excess of $13,500.00, your petitioner believes that it is in the
best interest of Amanda that the proposed settlement be acc~ptp.d
and approved.
11. Should Your Court deem it necessary to schedule a
hearing to approve the settlement, and if a hearing is scheduled,
Amanda, Ms. Howell, and Plaintiffs' counsel will be present at the
hearing.
2