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JOHN CRAWFORD, a Minor by and
Through his Mother and Natural
Guardian, KA,!oHLEEN POZIEMSKI,
Plaintiffs
IN ,!oHE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA,
CIVIL ACTION - LAW
v,
NO. 97-6324 CIVIL TERM
WILLIAM G, COWELL and
WILLIAM H. COWELL,
Defendants
JURY TRIAL DEMANDED
PROOF OF DEPOSIT
In accordance with Pennsylvania Rule of civil Procedure 2039,
attached is a photocopy of a Certificate of Deposit Record issued
on 1/2/99 from Harris Savings Bank to Kathleen Poziemski as
Guardian for John Crawford, Jr., Minor, as proof of deposit of the
settlement proceeds.
No withdrawal can be made from any such account unt il the
Minor attains majority, except as authorized by a prior Order of
Court.
ANGIN?/~/ P:C,
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~~/ "
Michael E. Kosik, Esquire
I.D. No. 36513
4503 North Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiff
Date: 1/18/99
lJ9078/MMM
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POBox 1711
Harrisburg, l' A 171l15.4().11
A""oullt Numb," CD # 100000'JOlU
Ccrtificatc of Dcposit Hecdpt
D,lte Op"lIed: 01/01/'l'l
T"rIIl: 'I Month.
M.lturlty D.lll': 0'l/01/'l'l
IlIt.restl~"t,,: 5,1.1
APY: 5.20
A"ruulltTYJ."': 'I Month Spedal CD Mlllilllulll 1I..I.lI1n' Ill"lulwlI""'t: $IO,OOO,110
Int,',.stl','ym"lIt M"thod: Seml.Annual
Pelhllty: 'Ill Day.
F""'Ul'IICY of Compoullding: Semi-Annual P"'p.lred lIy: fVmGINIA SUlTON
KAT! II.EEN POZIEMSKI GUAfHlIAN FOil
JOliN C1~A\V!:Olm )It MINOIl
Select the appropriate lIer:
.. .. $10,000,00. 2,~,999.99
.., $25,000,00.49,999,99
..)!:, .. $50,11110 011 +
724 nOSI.FR A VI:.
I.EMOYNE,I'A 170.13
$ 7t,OOO,OO
Opening Deposit
9 Month Special Cerllflcate of Deposit Account Disclosure
FIXED RATE ACCOUNT: The Interest r.lte on this .\Ccountls rhed. You will be 1",ld this r.,t" until the nlolturity dolt" of
th~ ccrtifictltc.
COMPOUNDING AND CREDITING: Inte,est will be compoullded and credited semi.anllu.,lIy .md credited at
nhltu rity,
MINIMUM BALANCE REQUIREMENTS: A minimum deposit of $tO,OOO is needed to opellthe ."count Ollly funds
currently not on deposit with H.trris S.\Vings Cdll be used to open this account.
BAlANCE COMI'UT 1\ nON METHOD: The d;tily ba' "",' Illethod will be u,"od to c.lleul.,t" IItte,..t on you, account.
This method ilpplies il daily pHiudk r.lte to the princlp~.1 in ,hcdccounll'.lch ddY,
ACCRUAL OF INTEREST: Interest begins to accrue no loll," th.lI1the business ,t.,y we receive credit for non.cash items
(for e,ample, checks),
TRANSACTION LIMIT ATIOI\S: Additlon,,1 deposits m ':' nOlt be 111.,d,' Into thi.. ."counl.
N
WITHDRAWAL OF INTEREST I'Rlorl TO MATUIUTY: 'I'll., .lIInual p..",'ntage yield disclosed in
the r,lte sllctitlll .1S!iUnWS inh.'fl'st will rerl1l1in on dl.'posit until nlt\turity, Any withdrdwal will reduce
c<\rnings,
EARLY WITHDRAWA\.: Any withdr.tw.,1 nf principal from thi, ."count prior to the initial maturity
.lat., will re,ult in a pel",lty "'Iualto 90 d.,ys eMuiugs on th., ,\lnount wilhdrawn at the rate being paid
on thl' .1((()llllt.
AUTOMATIC RENEWA\. OF ACCOUNT: AI maturity, your ,\Ccouotwill ,.utomatically renew for 12
nwul,h" .Itth., r"I<' .md tcrm, io effect at lI",t time, You will h,w., 7 caleud", day' after the maturity date
N. to WIt:,,,,.,., y<llH fu",I, without b.'lng choltg..d., p"'Mlty
for addillonallnformat\o/l, please refer to your Rulu of
(Jel'oslt Accounts brochure.
Member FllIe
SAIl! I" (1m!,
,.~ ..
JOliN CRAWFORD, a minor by
and through his Mother and
Natural Guardian, KA'l'IILEEN
POZIEMSKI,
Pla.intiffa
V.
WILLIAM G. CO\~ELL and
WILLIAM II. COWELL,
Defendants
AND NOW, this
'd~
I IN TilE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I
I
I
I
I NO. 97-6324 CIVIL TERM
I
I
I
I
ORDER OF COURT
day of DECEMBER, 1998, a hearing on
the Supplemental Petition for Approval of Minor's Compromise is
scheduled for Wednesday, December 16, 1998, at 10:15 a.m. in
Courtroom # 5 of the Cumberland County Courthouse. The Court is
specifically interested in a breakdown of the time expended by
Plaintiff's Counsel in the prosecution of these claims.
Michael E. Kosik, Esquire
For the Plaintiffs
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NOli ~ 5 1998
. ,
ORIGINAL
.JOHN CRAWFORD, a Minor by and
Through his Mother and Natural
Guardian, KATHLEEN POZIEMSKI,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
v,
NO, 97-6324 CIVIL TERM
WILLIAM G. COWELL and
WILLIAM H. COWEI,L,
Defendants
JURY TRIAL DEMANDED
AND NOW, this
Q..A. 0 E R
day of .
, 1998, it
is hereby ORDERED and DECREED that the Petition of Kathleen
Poziemski, as parent <md natural guardian of the minor, John
Crawford, seeking approval of the minor's settlement, is GRANTED in
accordance with P.ennsylvania Rule of Civil Procedure 2039 as
follows:
1. The settlement of the underinsured motorist's claim of the
minor, John Crawford, against Allstate Insurance Company for. the
sum of $100,000,00 in exchange for a Release, is hereby APPROVED as
fair and equitable, given the fact that it constitutes the pa)ment
of the full underinsured motorist's limit available under his
mother's policy at the time of the accident.
2. The distribution of the settlement proceeds in the amount
of $100,000.00 is hereby directed as follows:
(a) Cash for the establishment of a
minor settlement account in
Members First Credit Union
$ 70,000,00
(bl Angina & Rovner, P.C., legal fees,
reimbursement of costs expended
Expenses
30,000,00
TOTAL AMOUNT or SETTLEMENT:
$100,000,00
,
3, It is further directed that Angino & Rovner will return
the escrow contained in the previous settlement pursuant to this
COllrt's Order of August 31, 1998 to the minor Plaintiff for deposit
in the previously-established account for the minor at the Members
First Federal Credit Union.
4. Upon payment of the $100,000.00 the Petitioner, Kathleen
Poziems)ti, as parent and natural guardian for the minor, John
Crawford, is hereby authorized to provide Allstate Insurance
Company a good and sufficient Release, discharging Allstate from
any further liability for underinsured motorist's benefits under
their policy.
5. It is understood that this settlement in no way effects
Allstate's obligation to pay continuing and future medical expenses
arising out of the motor vehicle accident and which would be
covered by their first-party medical coverage,
6. The Release attached to the Petition is approved.
BY THE COURT:
J.
"
JOHN CRAWFORD, a Minor by and
Through his Mother and Natural
Guardian, KATHLEEN POZIEMSKI,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
v,
NO. 97.6324 CIVIL TERM
WILLIAM G. COWELL and
WILLIAM H. COWELL,
Defendants
J'URY TRIAL DEMANDED
~LEMENTAL PETITION FOR APPROVAL OF MINOR'S COMPROMISE
SETTLEMENT PURSUANT TO PA, R.C.P. 2039
AND NOW, comes petitioner Kathleen Poziemski, as parent and
natural guardian of the minor Plaintiff John Crawford, by and
through his attorneys, Angino & Rovner, P.C., and presents this
Petition pursuant to Pennsylvania Rule of civil Procedure 2039 and
respectfully represents:
1. petitioner Kathleen Poziemski is the mother and natural
guardian of the minor Plaintiff, John Crawford, and resides at 724
Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania.
2. .John Crawford, the minor Plaintiff, was born on January
24, 1982, and resides with his mother at 724 Bosler Avenue,
Lemoyne, Cumberland County, Pennsylvania. He is currently 16 years
old.
3. Your petitioner previously fil,ed a petition seeking this
Court's approval for settlement of the underlying liability claim
for $100,000.
A copy of that Petition is attached hereto as
Exhibit A.
l'11l2Hl/MMM
<I. The Honorable JUdge Guido of 'rhis Court previously
approved the settlement for the liability limits in an Order dated
August 31, 1998, which is attached hereto as Exhibit 8.
5. Since the time of filing and obtaining court approval on
the previOlls petition, the minor Plaintiff has continued to be
treated by Dr, Edward Schwentker at the Hershey Medical Center, and
his most recent medical records concerning his condition are
attached hereto as Exhibit C.
6. As evidenced by the medical records, the minor
Plaintiff's condition is not improving, this prognosis is confirmed
by enclosed report prepared by Dr. Schwentker which is attached
hereto as Exhibit D.
7. At the time of the accident, petitioner Kathleen
Poziemski, as parent and natural guardian for the minor, Plaintiff
John Crawford, had available through her personal automobile
policy, underinsured motorist's coverage which provided a non-
stackable underinsured motorist's limit of $100,000 per person on
the day of the accident. See declaration page attached hereto as
Exhibit E.
8. Petitioner Kathleen Poziemski is not aware of any other
applicable underinsured motorist's coverage that would provide
coverage to the minor on the day of the accident.
9. Allstate InsllI'ance Company has agreed to tender its
2
policy limits as evidenced by a letter from Patricia Dicello, the
handling claims adjuster dated October 15, 1998, attached hereto as
Exhibit F. The proposed Release for payment of the underinsured
motorist's coverage does not release Allstate's obligation to pay
continuing and future medical expenses under its first-party
medical coverage on the minor John Crawford. See proposed Release
attached hereto as Exhibit G.
10. petitioner Kathleen Poziemski has reviewed the
possibility of utilizing a structured settlement as a means of
investing the funds received from the underinsured motorist's
settlement but has decided against the structured settlement and
seeks to place tne funds in a Certificate of Deposit as was done
with the first funds from the liability settlement,
11. petitioner Kathleen Poziemski has retained the ),?,W firm
of Angina & Rovner, P.C., to prosecute this action and has entered
into a contingency fee with said attorneys, whereby the attorneys
are to receive, for professional services, 30\ of any amount
recovered before filing suit and 35\ of any amount recovered after
suit is filed.
12. petitioner Kathleen Poziemski has agreed, subject to the
approval of your Honorable Court, to pay Angino & Rovner, P. C., t.he
sum of $30,000 as legal fees, which represents an attorneys' fee of
approximately $30%-.
3
13, Angino & Rovner, P,C, has incurred additional expenses
since the previous settlement primarily for obtaining medical
records and is willing to waive those expenses,
14. Angino & Rovner, P.C. escrowed $1,000 of the previous
settlement towards further expenses anticipated in the pursuit of
the underinsured motorist's claim against Allstate.
15. Angino & Rovner seeks to return the $1,000 escrow to
petitioner Kathleen Poziemski on behalf of the minor for deposit in
one of the restricted accounts.
WHEREFORE, petitioner Kathleen Poziemski, as parent and
natural guardian of the minor Plaintiff John Crawford, requests
approval of the settlement, as set forth in the attached Order.
AnG , 1V~".~.~'
/ /
,/ //
" ./
chae . Kosik, -Esquire
I. D. No. 36513
4503 North Front Street
Harrisburg, PA 17110-1799
(717) 238-6791
Dated: '/u"'lJ. '-0. (1Cffr'
,
Counsel for Plaiptiffs
4
,',j
VE:RIPICATION
I, KATHLE:E:N POZIE:MSKI, Plaint.iff, ,fOHN CRAWPORP, a minqr, have
read the foregoing PE:TITION and do hereby swear or affirm that the
facts set forth in the foregoing are true and correct to the best
of my knowledge, information and belief, I understand that this
Verification is made subject to the penalties of 18 Pa.C.S .A,
Section 4904, relating to unsworn falsification to authorities,
WITNE:SS:
O?$~
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KAT LEEN POZ~E SK~
DATED:
7I542/PJM '
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JUL 2 0 1998\'~
'.J.J
,
JOHN CRAWFORD, a Minor by and
Through his Mother and Natural
Guardian, KATHLEEN POZIEMSKI,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA,
CIVIL ACTION - LAW
v,
NO, 9'7-6324 CIVIL TERM
WILLIAM G. COWELL and
WILLIAM H, COWELL,
Defendants
JURY TRIAL DEMANDED,
o R D.....E..-.B
AND NOW, this
.' 1998, it
day of
is hereby ORDERED and DECREED that the petition of Kathleen
Poziemski, as parent and natural guardian of the minor, John
Crawford, seeking approval of the minor's settlement, is GRANTED in
accordance with PennElylvania Rule of Civil Procedure 2039 as
follows:
1. The settlement of the liability claims of the minor John
Crawford against william G. Cowell for the sum of $100,000.00 in
exchange for a Release, is hereby APPROVED as fair and equitable,
given the fact that it constitutes the payment of the limits of
liability covering William G. Cowell at the time of the accident,
2. The distribution of the settlement proceeds in the amount
of $100,000.00 is hereby directed as follows:
(a) Cash for the establishment of a
minor settlement account in
Members First Credit Union
$ 68350,00
(b) Angina & Rovner., P.C., legal fees,
reimbursement of costs expended
Expenses
29970,20
679,00
(c) Angina & Rovner, P.C., escrow
for expenses incurr~d in pursuit of
underinsured motorist's case
1,000,00
$100,000,00
TOTAL AMOUNT OF SETTLEMENT:
3, Upon payment of the $100,000.00 the ~etitioner, Kathleen
Poziemski, as parent and natural guardian for the minor, John
Crawford, is hereby authorized to provide William G. Cowel~ and his
insurance company, State Farm Mutual Automobile Insurance Company,
a good and sufficient Release, discharging William G. Cowell, his
heirs, assigns, and insurance carrier from any claim, demand, right
or cause of action arising from the injuries sustained by John
Crawford.
4. The claim against Defendant William H. Cowell for
negligent entrustment of the vehicle is hereby dismissed with
prejudice.
5. The Release attached to the petition is approved.
6. petitioner Kathleen Poziemski is authorized and directed
to discontinue with prejudice the action against Defendant William
G. Cowell upon payment of the above settlement amounts,
BY THE COURT:
J.
JOHN CRAWFORD, a Minor by and
Through his Mother and Natural
Guardian, KATHLEEN POZIEMSKI,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA,
CIVIL, ACTION - LAW
v.
NO. 97-6324 CIVIL TERM
WILLIAM G. COWELL and
WILLIAM H, COWELL,
Defendants
JURY TRIAL DEMANDE~
PETITION FOR APPROVAL OF MINOR'S COMPROMISm-
SETTLEMENT PURSUANT TO PA. R.C.P. 2039
AND NOW, Gomes Petitioner Kathleen Poziemski, as parent and
natural guardian of the minor Plaintiff John Crawford, by and
through his attorneys, Angina & Rovner, P.C., and presents this
Petition pursuant to Pennsylvania Rule of Civil Procedure 2039 and
respectfully represents:
1. petitioner Kathleen Poziemski is the mother and natural
guardian of the minor Plaintiff, John Crawford, and resides at 724
Bosler Avenue, Lemoyne, Cumberland Cou.nty, Pennsylvania.
2. John Crawford, the minor Plaintiff, wa~ born on January
24, 1982, and resides with his mother at 724 Bosler Avenue,
Lemoyne, Cumberland County, Pennsylvania. He is currently 16 years
old.
3. Defendant William G. Cowell, d minor individual, was born
on February 6, 1980, who resides at 128 16th Street, New
Cumberland, Cumberland County, Pennsylvania.
4. Defendant William H. Cowell, in an adult individual and
l27031/LC2
the father and natur,al guardian of minor Defendant William G,
Cowell, who also resides at 128 16th Street, New Cumberland,
Cumberland County, Pennsylvania.
5. The facts and occurrences upon which the cause of action
is based took place on August 23, 1996 at approximately 10:38 p,m.
,
at the intersection of 5th Street and Geary Avenue, New Cumberland,
Cumberland County, Pennsylvania.
A copy of the New Cumberland
police report is attached as Exhibit "A".
6. At that time and place, Plaintiff John Crawford was a
right front seat passenger in a 1990 Ford Mustang being driven by
Defendant William G. Cowell heading north on Geary Avenue.
7. At that time and place, Defendant William G. Cowell drove
through a stop sign on Geary Avenue at a high rate of speed,
directly into the path of the Wintermyer automobile which collided
with the right passenger side where minor Plaintiff John Crawford
was seated,
8. The violent impact caused Defendant William G, Cowell's
vehicle to flip over onto its side and slide up onto the curb at
the north-west corner of the intersection.
9. Plaintiff John Crawford was pinned underneath the car as
a result of the automobile being flipped over onto its side and
suffered severe injuries set forth hereinafter.
10. Plaintiff John Crawford sustained painful and severe
2
injuries which include, but are not limited to, closed head
injuries, right femoral neck fracture, wi th the development of
avascular necrosis, right superior ramus fracture, bilateral
sacroiliac joint widening, small hepatic nerve contusion, multiple
rib fractures , pelvic fracture, femur fracture, and contusion of
the liver.
\
11. The insurance policy which provided coverage on the car
which Defendant William G, Cowell was operating provided a
liability limit of $100,000, as evidenced by the Declaration Sheet,
which is attached hereto as Exhibit "SO.
12. Although not admitting liability on behalf of its
insured, State Farm Automobile Insl.1rance Company has agreed to
tender its policy limits of $100,000.00 in exchange for a release.
State Farm does question the use of the proposed joint tort feasor
release rather than a general release and would like to preserve
this issue for resolution at the hearing in this matter.
13 . A negligent entrustment claim was filed against Defendant
William H. Cowell who was the owner of the vehicle being driven by
his son and because Defendant William G. Cowell was only 16 years
old at the time of the accident.
14. Since the filing of the Complaint, Plaintiffs have
confirmed that Defendant William G. Cowell has a valid Pennsylvania
drivers license and had only one prior motor vehicle violation on
3
his driving re~ord, Based upon this information and recognizing
the legal requirements of establishing a prime facia case of
negligent entrustment, Plaintiffs are agreeable to dismissing the
claim against Defendant William H. Cowell with the Court/s
approval.
,
15. Plaintiffs have conducted a preliminary assets check on
property owned by William G. Cowell and have obtained an Affidavit
from William G, Cowell indicating that he had no other excess
insurance which would provide coverage for this claim, nor does he
have any substantial assets. See, Affidavit, signed by William G.
Cowell, attached hereto as Exhibit "CU.
16. Petitioner Kathleen Poziemski / as parent and natural
guardian for the minor Plaintiff John Crawford, by and through his
attorneys, Angino & Rovner, P.C. / has determined that there is
under.insur.ed motorist coverage
through
Kathleen and
Paul
Poziemski / s policy, which provides a non- stackable underinsured
motorist limit of $100/000 per person through Allstate Insurance
Company on the date of the accident.
17. Petitioner Kathleen poziemski, through her counsel, has
obtained the consent to settle from Allstate Insurance Company as
evidenced by the letter from patricia DiCello of Allstate dated
March 17/ 1998 attached hereto as Exhibit "D."
18. Allstate Insurance Company, although consenting to the
4
settlement, have requested that the settlement be completed
utilizing a joint tortfeasor release which is attached hereto.
Allstate's adj uster has advised that in spite of this request,
Allstate does not plan to obj ect to the underinsured motorist's
claim by raising an issue of exhaustion of coverage. See
\
Plaintiffs' counsel's letter of Mar<:h 23, 1998 to Allstate's
adjuster, patricia DiCello confirming this understanding attached
hereto as Exhibit "E."
19, petitioner Kathleen Poziemski has sought to protect any
pote",tial claims against any health care providers for treatment
provided to the minor Plaintiff John Crawford by including language
to preserve said claims in the Release to be utilized in this case,
however, at this time, no medical negligence claims are known to
exist or are contemplated.
See, attached copy of the proposed
Release, attached hereto as Exhibit "F."
20. The minor Plaintiff John Crawford continues to receive
treatments and may require surgery in an effort to improve his
condition.
21. petitioner Kathleen Poziemski has retained the law firm
of Angino & Rovner, P.C., to prosecute this action and has entered
into a contingency fee with said attorneys, whereby the attorneys
are to receive, for professional services, 30% of any amount
recovered before filing suit and 35% of any amount recovered after
5
suit is filed.
22. In this case, a Complaint was filed against the
Defendants <:Ind served on 12/4/97, after which a tender of the
limits was received from State Farm Automobile Insurance Company.
23. Petitioner Kathleen Poziemski has agreed, subject to the
\
approval of your Honorable Court, to pay Angino & Rovner, P. C ., the
sum of $29,970.20 as legal fees, which represents an attorneys' fee
of approximately $30%.
24. Angino & Rovner, P.C. has incurred expenses amounting to
$679.80 in prosecuting the act ion and obtaining medical records and
request recovery of those fees,
25. Angino & Rovner, P. C, would seek approval to escrow
$1,000 toward further expenses anticipated in the pursuit of the
underinsured motorist's claim against Allstate.
26. petitioner Kathleen Poziemski had considered placing the
majority of the settlement proceeds in a structured settlement,
which would pay benefits on a scheduled basis, however, because of
current interest rates and the uncertainty of the minor Plaintiff's
future needs, which could substantially change, a structured
settlement was rejected because of its lack of flexibility.
27. petitioner Kathleen Poziemski is
considering the
establishment of a trust and financial guardianship for the minor
Plaintiff, which would permit more latitude in investments, which
6
would be available for investment of the minor Plaintiff's funds,
However, at the present time, Petitioner is requesting that the
funds be placed in a Certificate of Deposit or Federally-insured
savings account with Members First Credit Union.
WHEREFORE, petitioner Kathleen Poziemski, as parent and
,
natural guardian of the minor Plaintiff John Crawford, requests
approval of the settlement, as set forth in the attached Order.
ae . Kosik, Esquire
I. D. No. 36513
4503 North Front Street
Harrisburg, PA 17110-1799
(717) 238-6791
Dated:_~""\,, IJ", HH
I <
Counsel for Plaintiffs
7
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'ARKIO? PLATR PARKB01 PLATS 7 2
J'.'A TITLB OR 41303793102 3~J. FA TITLU OR 48917983
otlr-O'.STATB VIN OUT-OP-3TATB VIN
.
4Q,OWNliR llII.lREEN M, CL1IRK 40,OWtlBR WILI,IJ\M H, ffi'IELL
41,OWNBR 606 BEAmN HILL ROAD 41,OWNSR 128 16TH S'IREFJI'
MORR.'S ADOR83S
" . CITY. BTATO NEW O:MBERLI\ND PA 17070 .u ,CI't'i, STATB NEW ctMBERLI\ND PA 17070
" ZIPCOO" I " ZUCOOR
U. yltAR 1989 f44 ,HAAS BUICK , ",10M 1990 ~AAi FORD
is .HOOSL-tHOT REGAL 1".IN1&I 0 is ,HOOB;.-INOT MUSTI\N3 1",I~'l&J NO UNKD
100'1 T'iIi'B) y N UNKO BODY TYPal
r@~BOO'i 02 ~;"JPSCIAJ., 0 ~~il"ICLB 1 [<tY:~OO'i 02 ~~PBCIAL 0 @~SH1CLB 2
T'iPi USAOB l.1WNDRSH n T'iPD USAGB OWNiRSHIP
r~lHlTIAL IHPAC1' CgJ. V&H1CLB 0 (g). 'rRAVSL 25 \ig). INITIAL IMPACT (u).VBHJCLi 0 \W TRAV'L 99
POI lIT 12 STATUS SPBBD palm' 03 STA'rUG spue
[(gi'VlHlcU 1 I~DR1V" r 1 I (u). ORIVBR 9 1~~iHICt.B 1 ~VRIVRIt I 1 I IU'DRIVIR 9
ORAD I 1N'l' PRU8NCB CONDITION GRAnUNT lIRBSIINCi CONDJTION
51, DRIVBR 21 485 4'19 157, STATS PA 56,DRIVUR 25 ~22 412 I S1,S1'ATII PA
NUHI1BR NUMBSR
U.ORIvn WIIJ,IJ\M H. WINrERMYER 5lI.DRIVBR NII.LIAM G, c:ckIELL
""'" N"""
... ~~~~::. 606 BEl\CXJN lULL ROAD 5~,ORIVGR 128 16TH SIREEJr
MORUSS
'O.CI1"l.B~ATO NEW aMlERIJ\ND PA 17070 dO,CIt:t,STA'1'1i NEWaJ.1BER1AND PA 17070
II :II 'CODS I ... ZIPCOOB ' I
f1'Mlt I U .OA1'1 0' 07/14/67 I n .1IIiO~IB 61,:111X -f 6:;1, DAl'S 01 02/06/80 I ".,1I0N8 541
IU/lTH 717 770-0191 M BJR'fll 717 774-65 8
'4 '~(!1H~V~r'S .ORIVBR I U,ORIVIilR u';rr',v~' TIU,ORIVBR I U,ORIVIR
':( N Ct.A.SS Y }I CLA.1!1 BBI
"I -
n. CAJlRIIR n ,CAJlRI8R
U,CAARIlil\ iii. CMIUSA.
ADORIIJ.1 MORBSS
U,eIfY,STATI - -
U,CIT'(,STA'rB
... U'COOII ... IUCOtll
lQ,U",OOT . Ice It .uc It 70, U:JOOT It I(:c . tue It
!WVOH, f{Ur CMIlO 71 ,OIfWR rw. ViH. lW CAROO 7'1,QVWR
~l. .00'1 T'IPII CONPIa, ~OO'l T'UR
1:1. NO, 0' ~HAtAADOU!J ~1,R'LRASI 0' ~\~ MAr 11.tl0. 0' - €"!l HAZAR OOU:J I"":W";:'NY' :':Cr
A..U.U MA1'IIR I Al.S YQ N IX]: UN~L AX~R:j '-,. MA1'IRIAl.11
-.- - - -,
"'(l" 1 . 11
'---~ C'I Jubtt r'r
caNTU ~OR ...II1QHWAY 'Al21 (
.(,)E' rT.(', 0 r '/
{J&5S L
.- -. ----.--.- ..- INC:fDllN'l' II:
n ,RlllfOtlUHlQ Iil/UI AOlitll...... SbiE NAJ.uwrlVE 96.103
, ----------.-,------'.,-- 1\CCTUHN'l' DA'l'll: 08/24/96
~-;''''''Hlilc'AL I'ACILlTY SEE Nl\RRA1'IVB
~fIZOPj.-1Ii lHi'OHHATIOII 0 NAM" .MlIHOiUlJ " I J K L "
A8COI.. ,
01 1 M 29 3 1 0 WIll,IlI/<1 H, WINI'ERMYER, 606 ElFACON HILL RD, NEW Ctwl, 3 9 9 B 9 1
~ :I F 31 3 2- 0 r.J\UREE1</ /<1, WrNIERMYm, 606 BP.J\CON HUJl RD" NEW aMl, 3 9 9 B 6 1
-
02 1 /<1 16 3 2 0 WIU':UI/<1 G, mlELL, 126 16'lH SI', NEM aMlERlJ\ND 3 9 9 B 4 1
02 3 M 14 3 2 0 JOHN CRAWFORD, 104 CU\RK'I1JN <XlURT, U,M)YNE 2 97 9 C 4 2
I(Y.ILLll>lIlIATlON ~ ~. WIIATIlIilR [IJ U. DIAGRAM
0
:
@RO^" .""'ACO ~ :
It, PBNNSYLVANIA SCllooL CUTRICl'
(IP APPLICABLS) , ,
. . . , , , , . , "...' "'"'''''''''' """
.., """"."",."",.""".."""",.,.""""""
. ,
.I,DIZSCRIPTIOtl Of DAHA08D "ROPIRTi "
:
DAMI\GE 'IO GRASS IN YARD SEE ATTACHED DIAGRAM
, '-
,,,,,,,,,,....,,, """"""....".""",".."M.""'."""""..",,.",."""", ....".
I~'ffi'~ I
I ~Dl.0~'fI.I
NEW a.MllERLAND, PA 17070 : :
"."" , , , . , , , , , , ....,. ..,."",..""""".",.", ...",.." ".." ..'
. ~~,!\,o 7~n_n~11 ~ :
.7.NARRATIVS-IOBNTl'Y PRBCIPITATINa Bvunrs, CAUSATION FACTORS, a.QUiNcUS Of iVRlns, WITHSBS STATBHBtnS, AND PROVIDR ADDITIONAL
DRTAU.5, UKI INSlJRANCII INfORMATION NiD LOCATION OP 10WID ViHIC:t.IS, 1P KNOWN,
UNIT 1 WAS 'IRAVELIN3 WFSI' IN'IlIE 400 BWCK OF 5'Il1 Sl'" UNIT 2 WAS '1RAVELmJ NJR'!H IN
'n1E 400 BLCXY. OF GF.ARY AVENUE. EOlH UNITS WERE APPRClI\CHlN3 'n1E INI'ERSECTION OF 5'Il1 Sl', &
GEARY AVE., UNIT 1 HAD N:) '!RAFFIC ('ONIROL DEVICES ('ONIROLLmJ ITS M:)VEMEN!', UNIT 2 HJ\D A
S'IOP SIGN. ,
UNIT 1 S'lRUCK UNIT 2 BROJ\DSIDE IN 'Il1E RIGHr lXXlR. 'IlIIS CAUSED A SERIES OF EVENTS
WHIOI LED TO UNIT 1 SPtNNIN:l AROUND 180 DillREES AND CCMIN3 'I1J RFSI' ON
'n1E NJR'IllWFS1' <XlRNER OF 'n1E INI'ERSECTION. UNIT 2 SLID SIDEWAYS OVER 'n1E CURB, 'tOPPLED A
S'IOP SIGN J\ND CAME TO RFSI' ON ITS LEFr SIDE.
'!lIE PASSEl'J3ER IN UNIT 2, JOHN CRAWFORD, WAS PARTIALLY PINNED UNDERNFA'IH 'IlIE RIGHI'
SIDE OF 'n1E VEHICLE J\ND WAS EX'IRICATED WI'Ill 'n1E HELP OF CITIZENS mo HEARD TilE aWlH, nlE
OPERA1lJR OF UNIT 2, WILL,'[JIM caIRLL, WAS HELPED FReN 'IlIE VEHICLE BY 'UIESE SlIME CITIZENS,
nlE OPERATOR OF UNIT 1, WILLIAN WINl'ERNYER, APPJ\RENTLY 00l' 001' OF lUS VEHICLE WI'IlOOl' HELP
J\ND illS WIFE, lllllREEN WINrnR/oflER, WAS REM:lVED FRCN 'IlIEIR VEHICLE BY J\MElUlllNCE PERSOONEL
mlERE SIIE REMAINED DUE '10 PAIN.
CPL. SMEE ARRIVID FIRST ON 'lllE SCENE AND I ARRIVED SOON AFI'ER nlAT. WHEN I ARRIVED
NEDICI\L AID ~lJ\S IN PROORESS Wlnl 'Il1E INJURID PARTIES AND I WAS UNJ\ElLE 'IO SPEAK 'IO nlEM "1'
nlAT TIME. FIRE DEPAR'IMENI' PERSONNEL WERE ALSO STI\BILIZOO UNIT 2 J\ND DIS<XlNNEX.:TINJ nlE
INSlIRAHC:I CWrri IN:HJRANCII C:OHrAlft
INPORMATION INPO!tHATlON , FARM MUIUAL AUfO ,INS CD.
UNIT ~~~ NO _nl1?<:, H <mlT 'OLJ~YQ"~'7':'7 ~n' -38]
1 -31- 4 6 i I -8 2- I,
"AMO .._,~.~~- 411 MnJEr/i~" NF.W ...- 0" 717 770_0~H~~/
II ,
NITNB,SSU lWtl ,MJORI.U :rHONII
",,. t, VIOLATIONB INDICA'fiD 'oJ, SlCTION NIJHIllRa (ONLY Ir eBARaID) TC mc
WIT ), N/A 00
1----- . 00
UN" I S'IOP SIGNS & YIElD @IGNS, ~lS DRIV 3323 B, 3736
[.."'I'tlIIROIAllLI \;!,Y,"Pi ,.'u." , ,"OA'.O .1:"" IV! '''ULTO · .11N..nQA~IO"
c...:..- U"" rUT ~O TOj" U'O ...., ~rl'" CO","n..
uNiT I 0 0 0 . \ ...~:::: Vim, _,_~_____ ~..__O. _ \ ...~= _~C
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2
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C:IN'1'lIR rOil IIHltfWA'I 'U"Y
".
11,
~I
(J C):::'-'i[ 1//.3 7
COMMON\VliAI.1'JI Of1 PlfNNSY1.VANIA
PAil CON1'JNlIA'I10N !iI1lIHl'
ltU1'OI{TAlJI.U [X] tlOt!-RUL'ORTAULI:I D
"liUHOOT USB ONLY
@.RIlPBrt TO Ol/WRLAY 811UUTIJ
-
'HCIOHlIT 96-103 I ACCIDUtrr OR 1:7.4/96 I coutrrY I HUtlIClPAL
HUH UIi R DATU CODH :7.1 COOH , 407
r~~ P1iR4011 ItWORHATION-U:JU OVWRI.AY II tJlllHrr IIOR COUlW
ABC D H , Q t1AHH AnlJ'UUJn " I J K L H
. -
",HARRATIVR
8I\TI'ERIES OF rom VEHICLES,
AT APPROXIMATELY 2257 HRS. o:MEIL WAS 'IRANsroRTED BY AMBULl\NCE 69 FRCM 'IllE DEFENSE
DIS'IRIBUTION REl3ICN EAST BllSE TO HARRISBURG HOSPITIIL, AT APPROXIMATELY 2303~, rnAWroRD
WAS 'ffiANSroR'I'ED BY ~lCFD AMBULl\NCE 10 'IO HILLSIDE ELEMENI7\RY SOIOOL WHERE A IN3 ZONE
WAS SE:!' UP roR LIFELION. rnAWFORD WAS AIRLIFI'ED TO HERSHEY MEDICAL CENTER. AT
APPROXIMATELY 2307 HRS, WEST SHORE AMBULl\NCE SERVICE 'IRANsroRTED 'IllE WINI'ERM'lERS TO HOl,Y
SPIRIT HOSPITAL,
Ol'IEIL AND HIS PARENTS CAME 81\0< 'IO TIlE SCENE AT APPROXIMATELY 0030 HRS. ON 8/24.
cnIELL HI\D BErn 'IREATED AND RELEASED FRCM TIlE HOSPITIIL, CPL. SMEE AND I WERE JUST LEA1l'Im
'llIE SCENE AND TIlE aMELt.S JlL;REED TO o:ME BACK TO TIlE SI7\TION so I CDUID SPEAK WI'IH
WILLIAM.
WILLIAM SAID TIIAT HE S'rOPPED Kr TIlE S'rOP SIGN BUT DIDN'T SEE TIlE an-IER CAR
APPROAOUN3, lIE SAID 'IlIAT WHEN lIE DID SEE TIlE OIlIER CAR IT WAS CCMIN3 "SUPER FASl''' AND
FSI'IMl\TED TIS SPEED AT 65 'IO 70 MPH. WILI,IAM SAID llE lilT TIlE ACCELERlI'IOR TO GET OUT OF' 'llIE
WAY Bur IT WAS TOO LATE, WILLIAM AlSO SAID 'ilIAT TIlE an-IER CAR WAS ONLY ABOUI' 50 IT lMAY
WHEN HE SAW IT, 'IllE NEXT 'IHIN3 lIE REMEMBERS IS TIIAT CRAWFORD WAS UNDERNEATII HIM AND
SCMEX)NE HELPED lITM our OF TIlE VEHICLE, WILLIAM 'IHEN IAID ON TIlE SIDEWALK UNI'IL FIRE
DEPI'/MEDICAL PEXlPLE CAME TO HIM. BECAUSE OF TIlE CIR~lCES OF 'Il1E ACCIDENt' AND MY
BELIEF THAT HIS FSI'IMATICN OF UNIT l'S SPEED WAS UNREALISTIC, I PRESSED HIM ON 'IllE rornr
THAT HE CAME TO A <XMPIEIE S'fOP AT 'IllE S'fOP SIGN, WILLIAM CONCEDED TIIAT lIE "ROLLED"
TIIROU3H 'Il1E STOP. SIGN BUT 'IlIAT HE WJ.\.'l 'IRAVELIN3 AT A IJJ;I RATE OF SPEED,
WILLIAM SAID 'illAT HIS MAJOR CCMPIAINl' OF PAIN WAS FRa<! laS HEAD. HIS EJ:..rooI, FIN3ERS
AND HIP HURT AIEO.
00 8/24 I CONI'ACI'ED TIlE WINI'ERMYERS FOR TIIEIR. VERSICN OF TIlE ACeIDEN!', MR. WINI'ERM'iER
FSI'IMATED HIS SPEED AT APPROXIMATELY 20 TO 25 MPH. AND lIE SAID llE WAS LOOKIN3 SIRAIGUI'
AHEAD WA'IOlIN3 'IllE ROAD, llE SAID llE BEGAN 'IO IlIl.GI AND HIS WIFE ASKED WHAT lIE WAS IJ\l.l3HIN3
AT. TIIEN SllE SAID "BUL, LOOK (){JI''' AND llE S1RUCK 'l'llE OIlIER CAR, HE SAID HE NEVER NJrICED
'tHE IlEADLIGUrs OF TIlE an-IER VEHICLE AND NEVER HAD A OlANCE TO lilT TIlE BRAKP..s BEFORE
IMPJICI', MR.. WINI'ERMYER BELIEVES THAT UNIT 2 DID N:1I' S'rOP AT THE S'fOP SIGN. AS SI7\TED
EARLIER, UNIT 1 HAD 00 '!RAFFIC CONIROL DE-VICES AND WAS CN TIlE 'IlIROU3H RCfN:MAY.
MR, WINI'ERMYER stJFFERID A STIFF NECK, A BU<lP. ON TIlE LEFl' SIDE OF 'IllE HEAD AND A
BRUISE ON TIlE LEFI' 'IlUGH. MR., WINI'ERMYER WAS KEPI' FOR OBSERVATION AT I,OLY SPIRIT
OVEmfIGlIT . "
MRS, W1NI'Ii.'RMYER SAID TIIAT SHE ASKED HER HUSBAND wtlAT fIE WAS IAU3HllO AT. JUST AS }lE
Ba3AN TO SPEAK, BilE SAID "BILL, WATCH our" AND TIIEN TIlE'{ S'IRUCK TIlE aIllER. VElUCLE, MRS.
WlNI'ERM'lER SAID 'UIA'I' SllE SAW TIlE HEADLIG!ITS AS IT WAS ENI'ER.IN] TIlE INrnRSEmON AND 'IlIAT
'Il1F. . ~ Wl\Q FJI.<n' 'Illl'! NF.XT ' Q<r<' " WJ.\.<: 'IlIF. ('AR QpnTl'.rnn 1IN11
, , U, VXOLA1'tONS INDtCATIiD 90, S.C1'ION trtJHBlilU iONL'i U f:KAROBLl) TC tn'l;
. oq_
Utl11' 1
UNI1 J 00
.,', IItVo ,'R"UAt.1J [(l.lh... ~, '.'VLT,' I ~ II, ,"0"L7 n"-'L: "'ULU R ~H'I"'''0A1100
0" 1'113'1' ~ 00 TH'" ImH T.'" "0 TU C(JM'UTl~ [
UNIT 'I RIIVU:JlI utl11':I .."UIII 1m
UNI< tJWK U.t NO
-- --. ---- - .
."",.~
C.NrIR rOR HIOHW^Y .AlITY
,
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PAll CON'J1NUA'f10N SIIHfl1'
6 ()S-<&-/II J ~
~ NIU'IIR 1'0 oYIIRLA'i 8t!BHTB
RU.,ORTABLB 00 J1~"HUII'ORTA!lLB D
PlitltlDOT USH OrlLY
UiCllllIHT 96-103 I ACCIDIW'l' 08/24/96 fcourrr'l I HUIlICU'AJ..
tMlB'R DATU COOO 21 CODa 407
~ Uk801l ItIIlORHATI0U.UUM OVHHLA'i j:Z dlllHi'f .'OR coon
. C D II P Q HAM" AOOllBlltJ " I J . L "
-
'7,NAARATIVB
THEN PEOPLE WERE AROUND CHECI<lNJ ON THEM.
MRS. WINI'ERMYER WAS 'TREATED AND RELEASED FRCM 'mE IDSPITI'IL 'mAT M:lRNlN], SHE
a:MPI.J\INED OF A liMP DEVEl1JPIN3 ON HER SHOUlDER BLIIDE, A cur ON HER RIGlIT l<tlEE AND A
BRUISE ON HER WAIS!'/STCW\CH J\REA FRCM TIlE SEA'IBELT,
ON 8/25 I ASKED OFFICER SAM M:lRG!\N OF 'IllE I.OOER ALLEN roLICE DEPAR'IMENI' 'IO GIVE HIS
OPINION ON 'IllE rosSIBLE SPEEDS nNOLVED PRIOR 'IO IMPACI' AND ANY allIER OBSERVATIONS HE
CXlUlD MAKE AFI'ER 'IlIE FACI', OFFICER M:lR(',AN IS 'IRAINEIl IN ACeIDEN!' REOJNS1RtJC.TION. 'IO
SlM<1I\RIZE HIS OPINIONS, OFFICER M:lRG!\N FELT 'mAT BllSED ON TIlE J:.CO'\TIONS OF 'lllE VEHICLFS
WIlEN '!HEY CAME 'IO FINAIo RES!' AND 'IllE MAAKIN3S ON '!HE ROlII:WIY, TIlAT WHILE UN1T 2 WAS
'I'RAVELIN3 FASTER TIIAN UN1T 1 .ruS!' BEFORE IMPACI' '!HERE WI\..'lN'T A SIGNIFICANl' DIFFERENCE rn
'IllEIR SPEEDS, USIN3 'lllE FSI'IMATED SPEED OF UN1T 1 AS 25 MPH, OFFICER mRG!\N FELT TIlAT UN1T
2 WAS 'IRAVELnn AT APPROXINATELY 35 'IO 40 NPH PRIOR 'IO IMPJ\CI',
ON 8/25 I sroKE 'IO KATIlY roZIEMSKI, WIro IS JOHN CRAWFORD'S MJIllER, JOHN WAS STILL rn
TIlE INI'ENSIVE CARE UNIT AT HERSHEY MEDICAL CENTER, ffilE SAID TIlAT JOHN HAD '!OLD IIER SCME
'IHIN3S AEOUI' TIlE ACCIDENl' AND I EXPrAINED TIlAT I \'KlUlD NEED 'IO INIERVIEW HIN WIlEN HIS
roIDI'l'ION PERMITfED. NS roZIEMSKI WAS ABLE '!O GIVE INFORW\TION RELATED 'IO JOHN'S MEDICAL
CDNDITION, JOHN SUFFERED A CDNCUSSION, BROKEN RIBS, FRACIURIID PELVIS, BRUISED LIVER,
RECEIVED STnOlFS rn HIS HF.AD AND HAD A rosSIBLE TEAR IN HIS AOIm\. llE HAD ALREADY
UNDEI<GJNE SURGURIES FOR HIS VARIOUS INJURIES, roZIENSKI' S HeME PHONE NT.:MBER IS 774-1947.
ON 8/26 I sroKE '10 BERNADETTE KCWALCZYK. KCMALCZYK WAS Wl\LKnn IIER ax::; ON TIlE GEARY
AVE. SIDE OF 522 4'IH sr. AT TIlE TIME OF TIlE ACeIDEN!'. 522 4TIr sr. IS J:.CO'\TED ON '!HE
SOU1HFAST CDRNER OF THE INI'ERSECl'ION. TIIERE ARE m HED3ES OR ornER OBS'IROCTIONS IN 'IHIS
J\REA AND KCWILCZYK w:JUll) IlAVE HAD A GXlD VIEW OF TIlE INI'ERSECI'ION AT TIlE Tll<lE OF 'IllE
ACeIDEm' .
KCWAI.CZYK SAID 'IllAT SHE OBSERVED UN1'r 2 a:MIN3 tIP GEARY AVENUE AT WIlAT SHE cnISIDERID
'IO BE AN EXCESSIVE RATE OF SPEED, SllE FELT '!'HAT tNIT 2 MAY IlAVE BEEN ronn OVER 40 MPH AS
IT PASSED HER, SHE REMEMBERS TI[[NJ{nn 'UIAT TIlE DRIVER OF UNIT 2 WA.'l AN "IDIaI''' AND SHE
TIJJl.l3IIT "OH MY 000, SLCM La-/N". AS SllE WAS VISUALLY FOLI.aiIN3 TIlE PROORESS OF UNIT 2 SllE
OB.SERVED UNIT 1 <XMIN3 SI.C:MLY UP 5TIr SI:. KCWALCZYK SAID 'UlAT EVERY'IlIIN3 SEFMm '!O IlAPPEN
so FAST AT 'IHAT roINI'. KCWU.CZYK SAID 'UlAT SllE DID tPI' SEE TIlE BRAKE LIGHIS O~' UN1T 2
IULMINATEUNl'IL IT WAS ENI'ERIN3 TIlE INI'EPSECl'ION AND UNIT 1 WAS APOUr 'IO JUT IT. SHE SAID
TIlAT UNIT 2 DID NJI' !''TOP AT TIlE mDP SIGN.
ON 9/5/96 I sroKE 'IO TIlE PASSEN:JER OF UN1T 2, JOlIN CRAWFORD, AT laS I(MB WHERE HE IS
RECUPERAT'.IID FR.CM ms INJURIES. JOI-IN ~l1\S UNABLE '!O RE1<1EMBER ANYnIIN3 DIRECI'LY RElATED 'IO
TIlE ACeIDEN!' Bur WAS ABLE 'IO GIVE DF:IAIIB CDNCERNIm CJ:WELL'S rosSIBLE S'I1I'IE OF MIND AND
fOSSIBLE CARELESS DRIVIN3 ON 3RD sr, JUsr BEFORE TIlEY 'fURNED ONIO GEARY AVENUE WHlC'H WAS
~~ 'In on"" ACCIDRNT,
"i/, ." VIOLATIONS INDICATID '0. SSCTION NtJMBIUtS -(ONLY 1P CKARORD) TO mo
UHU 1 00
UNJ.r:l 00
tlI ~'O.""La 1\;!'lJ.~m IW, .a'ULTS I HI"OABLa {ul.::"a (;U.l '.'ULTO ~ ~t,lNVU1'IQ"'10N
'.' UO. TU1' ~ nO T"" U:JII TII.'J1' NO 115" C:"fX1;': n
liNU' RJUU~ll1 UN11' :3 RIfUSI
utI. UlIK YU NQ
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PAll CONl1Nl/A11ON SllH/rr
{J .x s-S- /113 ?
@,RMP"1t TO OVIiRLAY IJ!HiHT/J
RUPOR1'ABLR [X] 1/0U.RIUl(JR'tMlLH D
nmlDOT Uti.. ONLY
lHCJDWtrr 96-103 I ACCIDIiIHT 08/24/96 I COUHT't I HIJ1l1ClPAJ~
HUHBliR OATS COD. 21 COD. 407
1~"IRtJOH IHVORHATIOH'Utlli OVIiRLAY U BHiiT I'OR COOlUJ
BCD iii V Q UAl'Ii ADDR.51S H 1 J . L H
- '- -. -
-
n .HMAATIVa
'llIE CAUSE OF 'IHIS ACeroEN!' WAS 'Il1B FAIWRE OF UNIT 2 TO a::ME TO A c:J:W>I.m'E S'IOP AT
'I'HE STOP SIGN AND YIEID 'llIE RIGm' OF WAY TO OO-cx:Ml:N3 'rnAFFIC. IT IS MY OPINION '!HAT 'Il1B
SUSPECrED SPEED OF UNIT 2 AS IT WAS CROSSIN3 'I'HE INl'ERSIOC.TION cnmuat1I'ED 10 ~ SEVERI'IY
OF 'mE ACeroEN!'.
"
.
,
"
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'.......t....'.. " VtOr..A'1'ION.t .,."uCATID , .0. ..C'I' .ON _.... wH.' .. <......w.O, TO Hra
UN1'rl 00
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UNl1! 1 U'UIJlI UNIt:l ...u.. Yilt [!lm 0
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elm I. rOlt HJQI'Wl'\W wnw
@,RIFIIIl TO OVIIRLAV 8lilSlT8
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).,lNClClilrr 96-103 t ,ACCIDilrf 08/23/96 10.DA\' 0" HIIDK FRID/\.Y
H\JHnR OATH
:I.MINCY NEW CtWlI':RU\ND roLICE DEPT, l1.TIMB 0" 2238 ),:I.NUMDIIR 02
_. DAY OP UUlT/J
J.STATION/ NEW aMlERLI\ND I .. :~~:OL 01/13 lJ, It KILLdD Ii ,It ltlJ UIH10 11'1, PItIV. PROP, yO lID
I'RlClNCT 4 ACCIDDtrr H
· .IHV"tlmT~~M n .ADO' , ;'6 10.COUNT'i coo'21
aMlERU\ND
, ,API'ROVID D't BACas 21.MUUICIPALITY CODIl
NEW awlERLAND 407
UNIT II; . COMPLETE ONLY INFORMATION THAT HAS CHANGED SINCE ORIGINAL REPORT
J'. LaOALL~ tJ f!, r)7 .RSO, I J8,ATATD lI.cR1YDH
PAR-KIDi' PLATII HAll. --
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to.OWHIiR ilO,ClTV,B'rATU
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BODY TYI1I) ACORUS
([1) ~ODY \!!J.~PBCIAL f.t!J. ~BHICLB U, CITY, STATS
TY" USAOB O~nRSIUP " Z1 PCOl:iB
~~NITI.\.L IMPACT ~VBHICLlI ~Y.TAAVBL i'O,USDOT If Ice" fue .
POI'" STATUS SPSBD
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H\JHBBR AXLDS HATBRIALB yO H UHlt
17. twtAATIYB - IDDtrl'IP'i PRlil.:nITATINO iVlitrrS, CAUSATION PACTORS, SSQUStlCR OP BVBN'l'S, WITNiSS STATHHBNTS, AND PROYIDB ADOllI0NA.L
DITAILS
" I MADE AN ERROR ON 'IllE DAY AND DATE LISTI'D ON THE REroR'TS, 'TIlE ACeIDEN!' <XXlJRED ON
FRIDAY, 8/23/96 AT 2238 HRS, lllSI'EAD Of!' SA'IURDAY, 8/24/96 AT 2238 HRS, AS ENrnRED IN '!HE
INITIAL REf()RI', 'IlIE CAUSE OF TIlE ~':RROR CENI'ERS AROUND OUR S(llEDULE IN WHIOI I WAS
SOIIDUIED 'IO Billlll \>lY SHUff AT 2300 HRS, ON 8/23 Bur ON MY PA'IROL LCG I WAS LISTID AS
~orkin9 on 8/24/96,
,
I N:lUltANCI COH'AH'I ,..INV.:l7JGA~IOH CQft.L.,ll
IH'''RHAlION'
UNIT 'OLla - 00 1100
NO HO YI4
COMMONWlJAI.11/ OF PlINNSYI.VAiVIA
POUCH ACC1lJlIN1' SlfPl'l.l!MlIN'/'AI.
PAl1I1I_..P_
ellll'flR ,Olt H IOKW"" 'AlI'IV
07l13/.NL 14 '96 02'36PnT4 ZlIO
5T^TJl f'AIllI CLAIII
r,3 '3 IIJUU~
CE~TIrICA~E or COVERAGE
Tb. undeweigno4 i. a Team Managar tor the State Farm
Mutual A~tomobil. Insurance co~any of Bloomington. XL .
~ilClG:rt.itieB that polioy nwnl:ler 6J90-767-EOil-38t. 003 ~, oovarin,<<1 .
1990 F04 MUstllng
~ was lS$UA~ to william H. Bnd Bonni. A. cowel1-, and
wee in effeat on the ao014.nt datA of 08-a3-1P~'.
Tho coverage ~d limite of
l1abl11t:Y'for this policy on the ,date were A 100/300/100, C~ 10,000. C.
1I. U-BI 50/100, F 1500. Y 5000. W 50/100. Z. L~lted Tort.
01.-,r..~.
.... .. '..'1" ..... '.--
-,
stat. of P.nnlylva~la
l
lis.
l
county of Yor~
Sub.~ib.d and .worn to bafore me this 9th day of July
, Year 111118
~~€ ~~
.........:.::..,,:;.......... .
.0' ..: ,.", ....
My C~~9i\i~l~BI ,
~fW:d
-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Q.~ ~ ~ , 01 r-4
SS,
I, WILLIAM G. COWELL residing at 128 16th Street, New
Cumberland, Cumberland County, Pennsylvania, hereby SWEAR and
AFFIRM that the following information is correct:
\
I, WILLIAM G, COWELL was covered by an insurance policy with
State Farm Mutual Automobile Insurance Company that provided
$100,000 in liability coveraDe aff.orded on policy number 639 0767-
E02-38L issued to WILLIAM H. COWELL which was in effect on August
29/1996,
I, WILLIAM G. COWELL did not have any other automobile
insurance coverage that would be applicable to this accident, nor
was I covered by any oth'.lr additional policies of insurance,
includi.ng excess or umbrella coverage / which would provide coverage
for the accident on August 24, 1996, nor do I have any homeowners,
renters or excess liabil ity cov," rage whi.ch wouln pr(lVi (1.e CQverage
over and above the State Farm Mutual Automobile Insurance Company
policy.
I, WILLIAM G. COWELL do hereby further state that I have no
substantial personal assets, bank accounts or securities.
121343!MMW
t ~ hJn:fC
The facts Bet forth in the foregoing are true and correct to
the best of WILLIAM G. COWELL'S knowledge, information and belief,
I understand that this Affidavit is made subject to the penalties
of 18 Pa.C,S.A, Section 4904, relating to unsworn falsification to
authorities,
\
,I
Sworn to and subscribed
before me this ~ day
o~. ,"".
Notary Public
--~...-.._. ~,>.~......"......-
, Mt:~:,:rl;;l SI,.~1
, '.' .... ._, .~, PLOolic
\'~JIi1l3m,D. \"j,.;I'....,,,,, ''''''''-:'''1 d Co n~
' 'r'I,~")"':-~~fl"I"A f"".'rT'r.~3an. ~
- ':" r' I '.~' 10 2IJO
'o'"n"I".:.lor, ~:(':h~~' ~;1,..I, ,
.'iv""...... ~_..._- r\$S
I. ~,lemb~r P:no!W~J1\~ jl';;'<;I::.,:lJHun of ~lola
MAF:, 17, 1998 U3FM
ALLSTATE IriS
Hb g, F I, 17112
1I0,rJ02-F,2
MARkET ClAIM Of'IC
'345 n"NK DRlVt SUI'. , .040
, JlARR~BlIRG P4 I7JU
PHONE NUMBER, 717.$4007500
OPrlCE 1I0URS, MONIlA Y.PRI/M Y ',0Oo4i10
Allstate.
You're In fOod bandt,
Much 17. 1998
MICHAEL E. kOSIK, ESQUIRE
4503 N FRONT StREET
HAARIS!lJRG I>A 17110
Allstate Inaurance Company
Claim Number: 1552492421 828
Our Inlured, XATI~EN MARrE POZIEHSKI
Dat. of Lo.,: AUGUST 23, 1996
Re: Jonathon Crawford
,
Dur Hz. Kosic:
Pleale be advised thst I consent to the proposod lettlement offered by Stete
Farm under the Cowsll auto policy lor tbe policy limits of $100,000,00 for Hr,
Crawford', bodily injury claim.
I request that you utilize a Joint Tort roesor release in this Matter.
I do aaree to waive OUr subroaation rights over both William H, & William G.
Cowell in this Uftderinsured motorist matter.
1 do reserve all other policy defense..
8incerely,
PATRICIA A, DICELLO CCLA
Allstate Property.C.lullty Claim Service Oraanl,ation
8H0610/01/l
G52.j
IOSEP/I M, MELIU.O
TERRY S. /IYMAN
DAVID L LUTl:
~nCllAEL E, KOSIK
rhMELh O. S/lUMAN
R1C1WU> A. ShIlLOCK
Angino
D Rovner
LISTED IN
NI/OLE C, Ol.SO~
MICHAEL J, NAVOSKY
IOSEP/I M. DORIA
DUhNE S. DARRICK
IMJl!.1 DICINTI
DAVID S. WISNESKI
TIlE BF.ST LAWYERS
-IN--
AMERICA
R1CIWlD c. hNOINO
NEIL I. ROVNER
March 23, 1998
Ms, Patricia A. Dicello, CCLA
Claims Adjuster
Allstate Insurance Company
6345 Flank Drive
Suite 1000
Harrisburg, PA 17112
.
RE: Claimant: John Crawford
Your Insured: Kathleen Poziemski
Your Claim No.: 155-24924 21 K33
Date of Accident:AuGust 24, 1996
Dear Patty:
Please allow this le,tter to serve as a follow up to our
telephone converastion of March 18, 1998, concerning your fax of
March 17. r indicated to you that I was concerned over your
request for a joint tort feasor release, since I did not want to be
faced with the argument that we had not exhausted the liability
coverage for all of the motor vehicles involved in the accident,
It was my understanding that this ~/as not your intention for
requesting a joint tort feasor release but to look into the
possibility of a claim against the driver of the other vehicle for
the purposes of subrogation,
I explained to you that I attended the district justice
hearing on the charges against the Cowell boy, and that based upon
the testimony that was presented at that hearing, both from William
Wintermyer and his wife Lauren, as well as the eyewitness
Bernadette Kowalczyk, I did not see any potential for a claim
against Mr. Wintermyer.
.'
I will check and see if there was an actual transcript of the
district justice hearing, as I know Mr. Cowell was represented by
counsel. I believe that this would help you il1 making a deoision
as to whether subrogation may be a possibility against them. I
explained to you that given your assurance, I will go ahead and
10H33/0MR
4S03 NORHI FRom STREET, 1IARRlSDURCl. PA 17110,1708
r1l7) 23B'87~ I
FI\)((717) 23.J.5810 ~~'~
Allstate Insurance Company
Attn: Ms, patricia A. Dicello, CCLA
March 23/ 1998
Page 2
file the Petition seeking court approval of the settlement with Mr.
Cowell for the underlying liability limits and will advise you as
to that outcome,
Should you have any additional questions, please do not
hesitate to contact me,
MEK:mmp
'"
rs,
"
"
JOINT TORTFEASOR RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That I, KATHLEEN POZIEMSKI, Mother and Natural Guardian, for
JOHN CRl\.WFORD, a minor (hereinafter referred to as "Releasor"), for
and in consideration of ONE HUNDRED THOUSAND DOLLARS ($100,000.00)
\
being of lawful age, and J:'ealizing that there is doubt and
uncertainty as to the nature and extent of the injuries, losses,
and damages, whether to person or to property, and realizing that
the operative facts are in dispute, do hereby for John Crawford and
his heirs, executors, administrators, successors and assigns
release, acquit and forever discharge WILLIAM G. COWELL AND WILLIAM
H. COWELL, (hereinafter referred to as "Releasees") and their
insurance carrier, agents, servants, successors/ heirs, executors,
and administration from any and all claims, actions, causes of
action, demands, rights, damages, costs, loss of services,
expenses, compensation and all other consequential damages on
account of, by reason of, or in any way growing out of, any and all
known and unknown personal j.njuries or propert.y damages resulting
from a motor vehicle accident which occurred on or about the 23rd
day of Aug',lst, 1996 at the intersection of 5th Avenue and Geary
Avenue, New Cumberland, Cumberland County, Pennsylvania, including
specifically, but not limited to, all claims of any kind, character
or description which have been or may be asserted against the
la9922/MMP
er~J
Relea~ees or their insurer.
The right is reserved to the Releasor herein to continue to
make claims against any and every other person or other entity,
including William H, Wintermyer and any healthcare provider which
may be responsible for the injuries and damages sustained by the
Releasor herein, together with the right to make the claim that
\
such other persons and entity, and not the Releasee, is solely
liable to the Releasor herein for any injuries, losses and damages
as hereinabove set forth.
It is UNDERSTOOD and AGREED that this settlement and Release
do not in any way release or discharge Allstate Insurance Company
or any other insurance company for any underinsured motorist
coverage for which John Crawford may be entitled for injuries and
danger arising out of the above-referenced ~ccident.
It is further AGREED in the event that Releasees are found by
judicial determination to be joint tortfeasors with any person or
entity in causing injury or damage to the Releasor, the Releasor
hereby releases that portion or share of the cause of action which
the Releasor has against the Releasees and discharges any and all
damages attributable to the Releaseess in such cause of action,
without in any way discharging or releasing the portion of the
cause of action attributable to the non-settling tort feasor who has
caused injury to the Releasor herein.
The Releasor does hereby
credit and satisfy that portion of the total amount of damages to
the Releasor which has been caused by the negligence, if any, by
the Releasees as hereinafter may be determined in future trial, and
Releasor does hereby release and discharge that fraction, portion,
and percentage of her total cause of action and claims for damages
against the Releasees which shall hereinafter, by future trial be
determined to be the sum of that portion, fraction or percentage of
causal negligence as determined pursuant to the Comparative
\
Negligence Act of Pennsylvania (42 Pa, C,S.A, 7102(b)), for which
the Releasees are found to be liable:
And it is AGREED between the Releasees and the undersigned
Releasor, that if the claims of the Releasees and/or the Releasor
are ultimately settled against any and all other persons or other
entities accused of having been negligent or guilty of liabili~y-
producing conduct, prior to the liability of said other persons or
entities having been determined as a result of, a verdict, that
Releasees will not seek contribution from any other such person or
entity. However, in the event that the liability of any and/or all
other persons or entities as established by a verdict of any court
of competent jurisdiction, then the Releasees reserves the right to
seek contribution from any and/or all persons or entities whose
liability is thereby established to the extent that the payment
herein may exceed the percentage share of liability of the
Releasees herein released,
In further consideration of the aforesaid payment to the
Releasor for damages, injuries and claims of the Releasor, the
Releasor agree to satisfy any claim, judgment or award ultimately
recovered by the Releasor or by any person or entity against the
Releasees for contribution or otherwise, by satisfying such
percentage of any claim or judgment against the Releasees as the
negligence of the Releasees bears to all the causal negligence or
fault of all tortfeasors having liability by reason of this
occurrence,
\
It is the intention of the parties to this Release that this
Release be in accordance with the Pennsylvania law relating to the
Uniform Contribution Among Joint Tortfeasors Act in conjunction
with tbe Pennsylvania Comparative Negligence Act and shall
constitute a pro rata share release,
Any other language contained in this Release notwithstanding,
the parties declare that they intend to consummate a joint
tort feasor settlement that embodies the holding and reasoning set
forth in Charles v, Giant Eaqle Markets, 513 Pa, 474, 522 A,2d 1
(1987), and William H. Wintermyer and any healthcare provider shall
remain liable for the full amount of their proportionate share of
any jury verdict,
It is further UNDERSTOOD and AGREED that this is a settlement
and compromise of a doubtful and disputed claim and that the
payment of the consideration hereinbefore mentioned is not to be
considered as an admission of liability and such admission of
liability is expressly denied.
This Release contains the entire agreement between the parties
hereto and the terms of this Release are contractual and not a mere
.'
recital,
Releasor, by execution of this Release, further acknowledges
that she has examined and read the terms of the within Release and
had the content and import explained to her by her counsel,
Releasor further acknowledge that she executed the wi thin
Release of her own free act without reliance on representations of
\
any kind made by the Releasees, Releasees' counselor insurer,
other than the representations contained herein.
By execution of the within Release, Releasor warrants that she
is each over the age of eighteen (18) years, competent and sui
juris,
IN WITNESS WHEREOF, the undersigned has hereunto set her hand
and seal this
day of
, 1998.
CAUTION I READ BEFORE SIGNING
Witness
"
~
I, KATHLEEN POZIEMSKI, Plaintiff, have read the foregoing
PETITION FOR APPROVAL OF MINOR'S COMPROMISE SETTLEMENT PURSUANT TO
PA,R,C,P. 2039, and do hereby swear or affirm that the facts set
forth in the foregoing are true and correct to the best of my
knowledge, information and belief,
\
I understand that this
Verification is made subject to the penalties of 18 Pa.C,S,A.
Section 4904, relating to unsworn falsification to authorities,
WITNESS:
07J;!u Ltt\ )1{ g, L4\/'-..
5 - I <g - 9Cf
,.;>1 .1< t.J.lSl->,,-(=1'-~'"O-k '
'_, ~~LEEN POZIEMSKt'
-----
DATED:
7lS42!PJM
"
C'"
lU
,
"
I
JOliN CRAWFORD, a Minor by
and Through his Mother and
Natural Guardian, KNrllLEEN
POZIEMSKI,
Plaintiffs
IN TilE COURT OF COMMON PLEAS OF
CUMBERT.lIND COUNTY, PENNSYLVANIA
V,
WILLIAM G. COWELL and
WILLIAM II. COWELL,
Defendants
NO. 97~6324 CIVIL TERM
ORDER OF COURT
AND NOW, this 31st day of August, 1998, it is
hereby ORDERED and DECREED that the Petition of Kathleen
Poziemski, as parent and natural guardian of the minor, John
crawford, seeking approval of the minor's settlement, is GRANTED
in accordance with Pennsylvania Rule of civil Procedure 2039 as
follows:
1. The settlement of the liability claims of the
minor, John crawford, against William G, cowell for the sum of
$100,000.00 in exchange for a Release, is hereby APPROVED as
fair and equitable, given the fact that it constitutes the
payment of the limits of liability covering William G. Cowell at
the time of the accident.
2. The distribution of the settlement proceeds in the
amount of $100,000.00 is hereby directed as follows:
(a) Cash for the establishment ~f a
minor settlement account in
Member's First Federal Credit Union
to be placed in the minor's name in
a federally insured account, said account to
be restricted so that no withdrawals
may be made prior to January 24, 2000,
without further order of this court,
proof of deposit into such account
shall be promptly filed of record
(b) Angino & Rovner, P.C., legal fees,
reimbursement of costs expended
Expenses
(c) Angino & Rovner, P.C., escrow
for expenses incurred in pursuit
of under insured motorist's case
TOTAL AMOUNT OF SETTLEMENT:
$68350.00
$29970.20
$679.00
$1,000.00
$100,000.00
3. Upon payment of the $100,000.00, the Petitioner,
Kathleen Poziemski, as parent and natural guardian for the
minor, John Crawford, is hereby authorized to provide william G,
cowell and his insurance company, State Farm Mutual Automobile
Insurance Company, a good and sufficient Release, discharging
William G. Cowell, his heirs, assigns, and insurance carrier
from any claim, demand, right or cause of action arising from
the injuries sustained by John Crawford,
4. The claim against Defendant William H. Cowell for
negligent entrustment of the vehicle is hereby dismissed with
prejudice.
5. The Release attached to the Petition is approved.
6. Petitioner Kathleen Poziemski is authorized and
directed to discontinue with prejudice the action against
Detendant william G. Cowell upon payment of the above settlement
amounts.
'Edward E, Guido, J.
"
"
")i.fhael E. Kosik, Esquire
FO~he Plaintiffs,
:lfh\
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PENNS1ATE
.,- -:------.-l:.~I~_;;:;fMl,'ill~'II;~- --------
UniH:r~il~ UtJ~lljlill'('hjldn:n\ Hmpll,lI
Tht' Mlltorl S. IIl.:r\hl..')' l\h.'lIil.'llll'cIIll.'r
PROGRESS REPORT
.
PEDlA'fRlC ORTHOPAEDIC CLINIC
nill PENN STATE GEISINGER lillALTH SYS1'EM
CRAWFORD, JOlIN
MSHMC# 302373
December 23. 1097
PROBLEM: Avasculal' necrosis, right hip.
ASSESSMEN'l': John sustained a right femoral neck fractul'e on August,24, 1996. This was
treated with screw fixation. We have been following him with serial radiographs looking for the
possible developmsnt of the complication of avascular nscrosis. Since I last saw him, hs has bscoms
quits symptomatic in ths right lower sxtrsmity and pain in ths thigh and down around the knse.
His radiographs show early collapss of his femoral head with subcondylar fracture.
I sxplained the situation to the family, and I havs suggested that ws plnce this young man on 500
mg N aprosyn b.i.d. with food. I hnvs also rscommsnded that he go back on his crutches using
touchdown weightbearing 3.8. I will rs.evaluate him in two months' time and reps at the x.ray at
that time.
Clinical evaluation and medical dscision making dsscribed in this dictated nots were performsd t:.y
Dr, Edwards P. Schwentker.
Dictated by:
Edwards P. Schwsntksr, M.D.
Profsssor, Department of Orthopaedics and Rehabilitation
Msdical Dirsctor of Rehabilitation
EPS/rda
0: 12/23/97 '1': 12/24/97
cc: Jerome Korinchak, M.D., Orsen Hill Family Practice, 503 Bridge Strset, New Cumbsrland,
P~ 17l}70
~ichasl E. Kosik, Esquire 4503 North Front Street, Harrisburg, PA 17110-1708
Fils copy
MR 0,1 R.v. 8/90
PROGRESS REPORT
PENNSri\rE
. c_____..,._._...,_......._,___,._. _..._ ._.
. l'tllkHC'lfli\l~dll,;illl.'
lJ{Il\Ct..II) IJmp",II,Childrl'n\ 11'''1'",11
rhl.: MilllllI S. Ilcr~h...~ i\lcdll,.'111 t'cl1l~'r
PROGRESS REPORT
I'EDlA'l'IUC OIll'1I0l'AEDlC CLINIC
THE PENN STATE GEISINGEIl IIEAloTII SYSTEM
CRAWFORD, JOlIN S.
MSUMcn 302373
Febl"Uury 23, 1998
PROBLEM: Avascular necrosis, right hip.
ASSESSI.\1'ENT; John sustained a fracture of the right femornl neck in August 1996. He has gone
on to develop avascular necrosis despite the intemal fixation of his hip and Its healing. Since the
last time we saw him, his symptom.~ remain fairly stable. He has had very little in the way of
collapse and hopefully, this will stabilize with time. No other intervention is indicated at present,
but I would re-evaluate him again in three months.
Clinical evaluation and medical decision making described in this dictated note were performed by
me personally.
Dictated by:
~L44~;,,~
Edwards P. Schwentker, M.D. (
, Professor, Department of Orthopaedics and Rehabilitation
Medical Director of Rehabilitation
EPS/cla
D: 02123/98 T: 02124/98
cc: Jerome KoriMhak, M.D., 503 Bridge Street, New Cumberland, PA 17070
...-Michael E, Koslek, Esquire, 4503 North Front Street, Hanisburg, PA 17110-1708
~'ile copy
1.111 8,1 11... .,-ge
f'ROORESS FlEPORT
PENNS1AfE
______.___.., ,_ '..........___. .,,-.,___,_,0, _
.. ('lIlk~c tl' ,\kdl~lrh:
Ufll~.:r~lty 11\I~Pllill.('l1lldlL'n\ II'l~l'll.lt
The 1\.1111'111 S "c,\h~')' ~1L'dll'.JIl'~'l\rL'r
PROGRESS REPORT
PEDIATRIC ORTHOPAEDIC CLINIC
urn PENN STATE GEISINGEU IrnAL1'H SYSTEM
CRAWFORD, .JOIIN
MSHMC# 302373
May 19, 1998
PROBLEM; Avascular necrosis, right hip.
ASSESSMENT: This boy had an avascular necrosis of his right hip complicating a fracture which
he sustained in August 1996. He is showing some progressive bony collapse, but his symptoms
actually arc less today. He no longer hus the discomfort he had in the past after sitting for a while
and getting up, His gait is fairly normalized. He has an excellent range of flexion and extension
from the 25 degreo floxion controcturo to full floxion, but little abduction, and only a jog of rotation.
I will continue to monitor him expectantly with the radiographs repeated in three months' time. He
is to continue to ambulate as tolerated. I am hopeful that this will stabilize to the point where he is
rolatively symptom. free for many years.
Clinical evaluation and medical decision making described in this dictated note were perfonned by
me personally.
Dictated by:
;::.> / /IJ>' I ' / ".
~ A~...~:...... -- / '-f-.....'l.r.n;;~~t y
Edwards 1'. Schwentker, M.D. r
Professor, Department of Orthopaedics and Rehabilitation
Medical Director of Rehabilitation
EPS/gee
0: 05/19/98 1': OS/20/98
"
cc: Jel'ome Korinchak, M.D., 503 Bridge Street, New Cumberland, PA 17070
Michael E. Kosik, Esquire, 4503 North Front Street, Harrisburg, PA 17110-1708
File copy
Mil 8,1 1Iev. 8/98
PROGRESS REPORT
PROGRESS REPORT
nil MILTON S. HIRSHn MlDICAI. (INTlI ..
00302313
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PFlOORE99 REPORT
!S PennSlale Udsil1g~
. Ileall" Systl'llI
Edwards P. Schwontkor, M,D,
Modlcal Director, Rehebllltelion
500 University Drive
M.C. H002
Hershey, PA 17033
(717) 531.7312
Seplember 9, 199M
Mlchuell!. Kosik
Angina und Rovner
"~():l Nonh Pronl Slreel
lIurrlsburg, PA t7110.170K
RE: John Cnlwford
MS!lMC#302:l73
DOD: t/24/H2
U/A: K/24196
Deur Mr. Kosik:
I am wriling in response 10 yoor leller to me of Seplember 2, 199M concerning John Cruwford. Since my
lust report 10 you in August of 1997, I buve seen Ihis now 16 yeur old boy on severul occasions. I nole thut
my dictaled clinic notes have been copied 10 you.
John wus doing well on October 21, 1997, und showed no evidence for complicalions from his injury. lie
reluroed on Decembcr 23, 1997, curlier Ihnn scheduled, wilh n cUnlplninl of pain In the ureu of the rlghl hip.
Rudiographs ut thuI lime gave us our Iirsllndiculion thuI he had dev.loped uvuseulur necrosis of the of the,
cupilul femonll epiphysis, Those mdiogruphs showed un early collapse of Ihe femoral heud wilh a
subcondral fnlclure line, 1 pl.lced him on unli-Inflammiltory medicalious, Ilasl snw John on AugusI 24,
199M, Al that time his x-mys showed progrcssive eYSlic chans.,s wilhin the femorutneck and funher
collupsc of the f~l1lorul hellO, He had mainlnincu II good range of tlcxion U1H.I extension, hut h~ had
developed an udduction contracture. In onJcr to stand with slIch n contracture, it is necessary to tilt the
pelvis which Ihen genemles u secondary npparellllimh leuglh discrepancy, I eleeled to provide John wilh a
1/2 inch shoe lifllo help compensale for Ihis pelvic tilt aud the secondary upparenllimb lenglh discrepancy.
Avascular necrosis is a common rccognilcd complication associated with u remonll neck fruclUrc in nil ngc
groups, The incidence of this compliealion has hecn estimilled al approximalely 40 percenl.
Blood supplJlhat feed$lhe femoral head runs along the neck which accounls for the mechanism by which
this blood vessel is injured at the time of the fracture, Ouce Ihe hlood supply is cui off, Ihe femoral head
dies, but it is seve rut months afler Ihis insult Ihat Ihe complicalion eun be delecled by a "andard x-my. A
progressive coliapse of the femoml head occurs ,lccondary to nn accumulalion of microf"clures in the dead
bone, In living bone, these microfruelures ore repuired. but in Ihe dead hone, Ihe}' cnnnot and consequently
Ihe spherical shape of Ihe femorul hend hecomes nltered, The change in shupe of Ihe fcmoral head lends 10
pain from Ihe distorled joinl surface,
It is too carly 10 delermine the Iinal oulcomo with nny ubsolule eerlainly for John Crawford. At best, he
will he left wilh a hip Ihut cun flex and eXlend adequalely, bUllhal will have liule movement in rolation or
movement from side to side, lie is ulready stuck with the hip adducled in nn unacceplahle POSilion so thaI
even if he rctains puinless nc,ion und c.'Hcnsion. he will rC(luirc un opcrali'fc pro,"cdurc to fe-olign hi3
femur so thuI it exlends direclly downwnrd from the hip joint. a silualionlhal currenlly docs not exist. The
worst possible oulcome for John Crawf",d's hip is Ihat he willlo,e all motion in Ihe hip and be lefl with u
painful silualion which inlerferes wilh weigh I hearing, The enrly solution 10 Ihat panicular pmblem would
he a hip fusion in nn acceptable posirion, A hip fusion in ahoy ullows fairly normal amhulalion nnd siuing
2
fUIIClioll nnll should clilllinnlc pnlll. l\.tovclllcnl thut wuuld otherwise (Iccur lit the hip joinl, then Ol,;curs
Ihrough Ihe lower purl of the splue. l.ong lenn, pUlients who hnve had their hips fused IHlve u fuirly high
incidence uf dc~cncrutiull of klll:C Joint function un tlHlL side IIl1d the development of low huck problems us
well seeoudnry 10 Ihe lllhled slre,"es Ihullhe hip fusion poses on Ihe low spine und Ihe Ipsllulernt knee jolu!.
In 1111 ohler ngc gruup, hip fusloll$ ell" he cOl1wrtcd to lolul joint rcphH~Clllcnts in u huge pcrccnlugc of
pUlienls, TOlul jollll replucellleul is 1101 un optioulu u 1(, yeur old hoy us unonilidul joinl woulllnol stund
lip 10 the vigors IlIIposl:d hy u teeuager's uCllvliy.
In sumnltlry Ihe slluullon fllr John Cruwfmd is serious. We eUn expecl u slgniliculll level of disubllity 10
occur frollllhc complicution of nvusculllr necrosis which, to u rCllsollllhlc (h.'grec of mcrJit:nl certainly, we
cun usslgnto Ihe frncture of the femornlneck lhnl occurred Inlhe ncddent of Angusl24, 1996.
Unqnesllonubly, lhis boy will re'iolre III leusl one, nnd probahly IIIme Ihan one lIIajor opernllve procedure
hi denl wlih this problem, Under Ihe besl of clreumslances we cun anllclpnle lhul Johu Cruwford will be
left wlih n slgnllicnnl permanent physlenl dlsubllliy.
Please contact me if you require 1I1lY ndditiollul informution concerning this patient. The opinions I have
expressed inlhis t~lIer concerning Ihe dingno"is and Irentmenl of John Crnwford nre expressed with a
rensonnble degree of medleal certainly,
Siucerely,
~~~?
Edwnrds p, Sehwenlker, M.D.
Professor of Orihopaedles and Rehnbil ilalion
Medicnl Direelor, Rehahllitallon
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AII.I~IO In.ur.n.. ComprlnV
Mlrkll Clolm Olllco
Gatawav Corpora" C.nl.r
6346 Flank Dr., SII, 1000
HIII/abu'g, f'A 17112
But: 717.540.7800
Allslahr
You're ID IOOd baDdt,
jij';.pIV. pl.;;o ,of or 10
DATE September 28, 1887
ell 1m II: 1852482421 828
Il'1SUl'ld: Kathleen & Paul Pozlemald
We have received your request for a policy declaration she.t. The original Is
C\impuler generated and no dupllcete Is kepI. In fact, there's no phyalC81 policy file,
Klthle.n & Paul Pozlemakl are Insured with Allstate Insurance under policy
"0288341148 with Bodily Injury Llabllily Umlls of $100,000.00 per peraon and
S300,000,OO per occurrence. Medical coveraga of $100,000,00 per occurrence, wag.
coverage o( maximum $1,1100,00 monthly and 128,000.00 per occurrence and
nonstaekeble Uninsured Motorist coverage at $100,000.00 per person and
$300,000,00 per occurrence. Insured has chosen stecklilble coverage for their polley
bul only have one vehicle on Ihelr policy allhls time. limited tort applies to this
policy. Altaehed Is a copy of a computer prlnloullhal confirms Ihe above,
Sincerely,
- 4'''''-':___
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Michael Smoluk
Cllualty Unit Manager
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POLNUM: 02!lH34546 LOBBPT: BB/33/19Y6 ~rFDr: 02/~4/1VY6 NDTICE01':
PRINT DA1'El 09/26/19'7 PRINT TIME: It '4J ~M
,fN,WR/rn, KIITlILEf.<'I MIH,W ~ PAUL PUi:f.I;M.~KI,
~I])R: 104 (~I.N\I(J'ON CC)URT (;1. TY: 1.r::MOYNri ST: PA :r.IF'; 1704:?i:!01 j
HOH!! PIHlNI:: 71",'''"1",'/1-1''' V WmlK 1"t!OrH,: 'It '/..nH)"Vl1 I, UN!':: f 0 fIlJTn-VOI.UiHIIRY
.AGENT: GLENN A KRlrniER f~ONE: 717-795-ge0~ ORI'1.NAL YR, as
NIIRRIITIVE, ""II ADDITIONAL COVERAGE STICKER PHINT PER DESK BAS 111111
LPC NAME: FORD CREDIT TITLING TRUST
I\Df:: p 0 llOX ~j4MI eny, HOME sri G/I 7.!P: 31>162
VEHICLE YR: 94 MAKE; ECONO VIN; tFDEE14N6RHA44324 TYPE: 10 STAN~~RD
DPTION(S): LIHITEO TORr
For,M, AlII37"':'
"OI1H: 1\(1 t 900-:1
r--(lRH: AL/l66
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su 1~0,000/J.e,00u -
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AUTO POL,ICY
P!:NNSYLVAN1.1l
LOSS F'~IYAIIL./~
f"fIGE 1
UIC: i '~'5i>
(l6/:H>1 t \11'(,
AUTOHODILE AMENDATORY ENDORS~MENT
GI.AUSr:: F.Nl>CmSF.MI::NT
POLICY DATA PRINT
"it..
PAGE :!
I.OC:: I :5~0
NOTlCEDT: 0U/3'/f'9~
OPE:NAIILE: COV twre:
Y f>7/f7/96
Y 071 li'/96
Y OUI'/196
'I' '~/~'4/~11;
Y ~17 1 t 'tI9(,
Y 0U24,196
y 0;U;!4/9(,
'I' OU24/96
Y f)Ut "119(,
\~l.AIM NUH: nl:S::!4924:.!1 .IIIH
ADJUS TE:R: Ii.!tl
POLNUN: 820034546 LOSSDr:
COVEr~AGe:I/"IMnS
All IU',OOU/3UU,BOB
Iill 'O,OO()
CC I IIi) . OUO
CF :!. 500
j)D .. :l011
,~'"
00/23/19Y6 EFror: 02/24/1996
IlE:sc:r;: I F'T rem
IIOJ>ll. Y lNJI.lHY
F'RCU:'ERlY DAMAC;~:
HEIHr.lIl, PIIYH!(NT S
FUNI;:r~AI., I'E:Nr::F r T
r:m.l.1 S!:ON
C:OMF'REHti:NS IVI;:
STIICKA>>LE UNINSURED MOTORIST
STI~C:I(M)Lf:~ UNDEIUNSLlRF.:ll MOHlIUST
INCOME DrSADILITY
MAIIKt:... ('j,AIM Offl<:t:
.,\4~ tl,ANK III11Vt: SUITt: 11l1l1l
IIAltltlSIIUIW I'A 11111
1'1I0Nt: NIIMllt:III 717.s.l1)'7~1l1l
OffiCi: 1I0UIIS: MONIIAY.t'UIIIAY N:0<)..l,11l
Allstate'
Yclll'~ in l((lOlI handN,
October 15, 1998
MICHAEL E, KOSIK, ESQUIRE
4503 N FRONT STREET
HARRISBURG PA 17110
Allstate Insurance Company
Claim Number: 1552492421 B28
Our Insured: KATHLEEN MARIE POZIEMSKI
Date of Loss: August 23, 1996
Re: Under insuredMotoris t
Dear Atty. Kosic:
As per my earlier voice mnil, enclosed please find the pertinent release for
the policy limit and some structured settlement quotes.
Please let me know if the structure is of interest,
If you are not going to utilize a structured settlement, please then forward
the court order to me showing how I make the check payable.
Thank you.
Sincerely,
~~-~~ (d~>
PATRICIA A. DICEI.LO CCLA
Allstate Property-Casualty Claim Service Organization
SM06/0/0l/1
2 Enclosures
<:\52,1
.
. -, .
ALls'rATE INSURANCE CONPANY
(hereinafter referred to as Allstate)
CLAIH NO,l55249242lb28
RECEIPT AND RELEASE UNDER
UNDER INSURED MOTORIST INSURANCE ---COVERAGE SU
SUBROGATION AGREENENT
In consideration of the paYlent of ONE HUNDREDRED THOUSAND Dollars($IOO,OOO,OO)pald hy Allstate, the
receipt of which Is hereby acknowledged, the undersigned hereby foreVer releases and discharges
Allstate frol any and all liability and frol any and all contractual obligations whatsoever under
the coverage designated above for Polley No, 028834546 Issued to KATHLEEN HARlE & Paul POZIEHSKI by
Allstate, and arising out of bodily injuries sustained by JOHN CRAWFORD due to an accident on or
about the 24th day of August 1996,
KATHLEEN HARlE & PAUL POZIEHSKI hereinafter referred to as the Trustee further agrees In
consideration of said paYlent by Alls~ate as Beneficiary to hold for the Beneficiary all rlghts,
clall8, and causes of action which the Trustee has or lay have against any person or persons/
organization, association or corporation other than the Beneficiary because of bodily Injury and/or.
property da.age which Is the subject of the cia I. lade against the Beneficiary, **
The Trustee agrees to take, through any representative designated by the Beneflclary, sur.h action as
lay be necessary or appropriate to recover the damages suffered by the Trustee frol any person or
person" organilatlon, association or corporation other tha.1 the Beneficiary who lay be leqally
liable therefor, such action to be taken In the nale of the Trustee, the Beneficiary to pay all
costs and elpense In connection therewith, It is further agreed that any lonies recovered by the
Trustee as the reeult of jUdqaent, settlement, or otherwlse, will be held in trust by the Trustee
and paid to the Beneflclary, provided, however, any SUI recover~ in elcess of the total alount paid
by the Beneficiary to the Trustee under the terls of the above-mentioned policy, shall be retained
by the Trustee for his own use and benefit.
IN WITNESS WHEREOF I have hereunto set .y hand this ____ day of / 1998,
(seal)
witnesses:
(Insured or Parent or Guardian
or Surviving Spouse I
Accepted: ______
By
4'1..... - a.n.'lol..y
** It is understood and agreed that this Release is not to be
Interpreted as a release of John Crawford's first-party claim
for medical and wage benefits,
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JII.'iHIIM MFI,1I(1)
IHUl)' 'i IIYMM~
"AV II I I, I \lT/.
MlcIIAt:1. F. KOSIK
I'MtFl-A 0, SilliMAN
HU'lIARn A ~Anl_l)(:"
Angino
It Rovner
"AVID Ii WI.'iNI'_!'iKI
NIHIU',(' 1l1.'inN
MICIIAH, J NAVITSKY
JOSEI'll M IH)I(IA
IHIANI;. S, IIAllR"'K
'AMES III'l'INTI
Enclosed please find another copy of the updated chronology of time and
activity which my office prepared, including our hours since the previous settlement,
Apparently my secretary did not put a total at the end of the one supplied with my
original cover letter.
I
{!XUlBIT
Yl~_
FAX 1"1> 238.!!eIO
L1.'iTn) IN
THE BEST LAWYERS
.---IN ._----,
AMERICA
JUCIIAIU> l'. ANOINO
Nlm. J HOVNEll
December 14, 1998
The Honorable Edward E. Guido
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Cumberland County Civil Action No: 97.6324
Poziemski v. Cowell
Dear Judge Guido:
MEK:mmm
Enclosure
123246/lRJ
4503 "o~nl F~o"r SrMEl', >lA~RlS~U~a, PA 11110,1108
1"') 238,eml
CHRONOLOGY OF ACTIVITY AND ATTORNEY TIME
KATHLEEN POZIEMSKI for JOHN CRAWFORD
DIA 08/24/96
DATE DESCRIPTION TIME
09/04/96 Ir,itial client interview at Mrs. Poziemski's home 2,00
-
09/04/96 Initial data request and le',ter of representation 1.00
09/18/96 Receipt and review of Police Accident Report .30
09118196 Review letter from State Farmlupdate State Farm .50
09/20/96 Telephone call from clientlreturn call ,25
09/25/96 Review materialslbills etc. received from client .20
--
09/25/96 Letter to client ,20
09/27/96 Review bill from Capitol Healthcare - wheelchair .20
09/27/96 Letter to State Farm , .20
10/03/96 Memo to Paralegallprepare summary of medical bills .10
10/09/96 Letter to Allstatelfirst party payment summary ,20
10/23/96 Review letter from State Farm .10
10/23/96 Letter to State Farm with updated medical records .20
10/23/96 Review denial of transport bill received by client .10
11/07/96 Telephone call with Allstate .20
11/11/96 Letter from Allstate acknowledging UIM ,10
claimlenclosure Affidavit of Residency
11111196 Letter to Allstate .20
11/11/96 Letter to client with Affidavit ,20
11118/.:l6 l.etter to Holy Spirit Hospital ,10
11118/96 ' Receipt and review of medical records from Hershey .50
Medical Center
-
11/19/96 Letter from State Farm .10
11/19/96 Letter from client with signed Affidavit and bills .10
137678/LAM
DATE DESCRIPTION TIME
1111 9/96 Letter from Allstate .20
11119/96 Letter to Stata Farm enclosing medical records and ,25
demand policy limits
11/25/96 letter from client with collection notice and letter from ,20
Allstate denying transportation costs
11/25/96 Research transportation issue 1,00
11/25/96 Memo to Paralegal re: medical research ,20
11/25/96 Letter to Allstete re: transportation costs ,20
12/02/96 Letter from State Farm .10
12/02/96 Attend District Justice Hearing in D.J. Clements
off;ces; meet with client/meet with Polica Officer
afterward 2,00
12/02/96 Letter to State Farm .50
1 2111 /96 Second request letter to Holy Spirit Hospital fa/ medical
records ,10
12/12/96 Letter from Allstate re: transportation costs .10
12/12/96 Letter to client advising of Allstate decision ,20
12/17/96 Letter from State Farm .10
12/17/96 Review medical research 1.00
12/18/96 Letter to State Farm with medical research and
discussion of injury .50
12/19/96 Letter to Allstate with bill for transportation .20
01/15/97 Receipt and review medical records received from
Polyclinic Medical Center .50
01/15/97 Letter to client with records/request update on John
.20
01/17/97 Letter to Hershey Medical Center requesting outpatient
medical records and bills .20
01/20/97 Bill from client re: Hershey Medical Center/call to
Hershey Medical Center ,30
01/21/97 Telephone call to Hershey Medical Center ,20
01/24/97 Letter from State Farm advising of limits/review file .50
DATE Dl:SCRIPTION TIME
02/24/97 Receipt and review of outpatient records from Her~hey
Medical Center .20
03/01/97 Letter to client requesting updete ,20
03/04/97 Letter from State Farm requesting update ,10
03/04/97 Latter to State Farm with updated records and status
,20
03/25/97 Memo to Paralegal re: update medical bill and
treatment summaries .20
03/27/97 Letter from State Farm requesting additional .10
information
03/28/97 Telephone call with client ra: update ,20
03/28/97 Letter to State Farm re: update ,20
04/02/97 Letter to Allstate requesting updated First Party
Summary ,10
04/11/97 Receipt and review of letter from Allstate with
summary .50
04/11/97 Memo to Paralegal re: summary ,10
05/02/97 Letters requesting additional records
(West Shore ALS, Kreamer Medical, Professional Home Health Carel .30
05/19/97 Receipt and review of West Shore ALS records .25
05/19/97 Letter to client/status/condition update ,20
05/19/97 Letter to State Farm enclosing updated records .20
05/30/97 Telephone call with client .20
05/30/97 Memo to the file .10
05/30/97 Letter to Hershey Medical Center requesting updated
medical records ,10
05/30/97 Latter to Or. Schwentker requesting report .20
05/30/97 Receipt and review of Professional Home Health Care
records .30
06/02/97 Letter to State Farm enclosing updated medical records ,30
06/02/97 Memo to Paralegal re: prepare treatment summary .10
06/02/97 Memo to file I'll: UIM claim .10
DATE DESCRIPTION TIME
06/10/97 Letter from State Farm requests additional records and
report ,10
06/24/97 Second request letter to Kreemer Medical ,10
07115/97 Second request letter to Dr. Schwentker .10
07/15/97 Second request letter to HMC outpatient records .10
08/07/97 Receipt and review of Dr, Schwentker's report/records ,50
08/07/97 Letter to State Farm enclosing report/will forward
evaluation ,20
08/12/97 Receipt and review of outpatient records from Hershey ,
Medical Center .30
08/12/97 Review file at Attorneys' meeting ,50
08/12/97 Letter to State Farm enclosing records and demand of
policy limits .20
08/29/97 Telephone call to State Farm ,10
09/02/97 Telephone call to State Farm/will review ,10
09/15/97 Telephone call to State Farm .10
09/16/97 Letter from State Farm requesting tort selection .10
-
09/16/97 Letter to client requesting tort selection and update .30
-.
09/29/97 Letter agent re: client's auto coverage .20
10/02/97 Fax from Allstate re: coverage ,10
10/03/97 Letter from Allstate/hard copy of coverage ,10
10/03/97 Letter to State Farm with coverage confirmed ,20
'10/15/97 Letter from State Farm/will honor economic loss only .10
10/15/97 Draft Complaint 1,50
10/15/97 Letter to client with Complaint .20
10/28/97 Telephone call with client/re: status/Complaint .20
10/28/97 Memo to file .10
-
10/28/97 Memo to Paralegal re: additional medical research .10
-
10/28/97 Letter to Hershey Medical Center requesting updated
outpatient notes .10
11/06i97 Received Complaint and Verification finalize .50
DATE DESCRIPTION TIME
11113/97 Complaint flled/leUer re: service .20
11/13/9" Letter to State Ferm enclosing Complaint ,20
11/20/97 Lettar to Prothonotary ,10
12/02/97 Lettar to Hershey Medical Centar requesting additional
records ,10
12/15/97 Sheriff's return ,20
12118197 Letter from defense counsellEntry of Appearance and
Defendants' Discovery ,30
12/20/97 Plaintiff's Discovery to Defendants .25
--
12/29/97 Receipt and review of additional mudical records from
Hershey Medical Center .20
01/02/98 Received Deposition Notice for 02111198 .10
01/02/98 Letter to client enclosing copy of Deposition Notice .10
01/05/98 Request for Driving Record to Defense ,20
counsel/discovery
01/06/98 Received Defendants' Answer With New Matter ,20
01/06/98 Letter to Defense counsel closing updated medical
records; issue in case ,20
01/06/98 Draft Reply to Answer and New Matter 1.00
-
01/06/98 Letter to client with Reply to New Matter and
Verification .20
01112198 Letter to Defense counsel with updated X,ray report .20
01/12/98 Letter to Allstate enclosing updated records and
medical research on UIM claim ,30
01114198 Letter from Defense counsellNotice of Deposition .10
01/14/98 Letter to client with New Notice of Deposition ,10
01/18/98 Letter to State Farm with updated First Party summary ,20
01/18/98 Telephone calls with Defense counsel re: tender limits .20
02/05/98 Letter to Defense counsel confirming telephone call, .40
draft Affidavit
02/18/98 Letter to Allstatelupdated First Party summary .10
DATE DESCRIPTION TIME
02/23/98 Letter from Defense counsel confirming tonclor and
enclosed release .30
02/23/98 Letter to client canceling deposition/update on tender .30
02/23/98 Receipt and review of updated medical records from
Dr. Schwentker .30
02/23/98 Letter to Allstate with tender ,20
03/04/98 Letter from Defense counsel with Cowell Affidavit .20
03/04/98 Letter to Allstate with Affidavit/request consent to
settlo .10
03/17/98 Consent to settle from Allstate and request for Joint
Tortfeasor Release .30
03/18/98 Telephone call to Allstate .10
03/18/98 Letter to Defense counsel with Allstate consent .20
03/18/98 Request missing record from Horshey Medical Center ,10
03/18/98 Letter to Kreamer Medical requesting updated records .10
03/18/98 Review notes from District Justice Hearing .50
03/18/98 Telephone call to District Justice requesting name of
court reporter .10
03/30/98 Letter to Patrick Lauer re: court reporter at District
Justice Hearing .20
04/07/98 Letter from client with bills .20
04/07/98 Letter to client re: bills .10
04/1 0/98 Draft Petition for Court Approval 1.50
--
04/10/98 Draft Joint T ortfeasor Release 1.00
--
04/15/98 Letter to client with draft .20
04/21/98 Fax from Allstate re: updated medical records .10
05/06/98 Letter to client re: status ,20
-
05/06/98 Telephone calls to Defense counsel re: Exhibit .30
06/11/98 Letter from Defense coonsel/Defendant's driving record .20
06/25/98 Fax from Defense counsel ",lith coverage ,20
06/25/98 Telephone call to Defense counsel ,10
DATE DESCRIPTION TIME
07114/98 Fax from Defense counsel with covorage of ,20
confirmation
07114/98 Finalize Petition 1,00
07/14/98 LeUer to Allstate enclosing Petition and update .20
07/14/98 LeUer to Court filing Petition .10
07/29/98 Order from Court selling Hearing ,10
07/29/98 LeUer to client enclosing Order ,10
07/29/98 Leuer to Allstate enclosing Order ,10
07/29/98 LeUer to Defense counsel enclosing Order ,10
08118/98 LeUer from Allstate re: UIM claim ,20
08/18/98 Review expenses with Accounting Deportment .50
08/18/98 Review time record and activity log/draft Exhibit 2.00
08/24/98 Finalize Exhibits 1.00
08/24/98 LeUer to Court w/Exhibits, Time/Correspondence and
Expenses .20
TOTAL HOURS 44.50
9/2/98 LeUer to Kroll enc. signed Order approving settlement; .20
enclosing release and requ'lsting check
9/2/98 LeUer to Allstate enclosing Order and copy of Release ,20
and discussing further seulement and client's condition
9/2/98 Leuer to Dr. Schwentker at Hershey Medical Center .10
requesting updated records and 0 report.
9/9/98 LeUer from Allstate requesting information before any ,10
further seulement
9/9/98 LeUer from Kroll enc. check ,20
-
9/17/98 Received report from Dr. Schwentker; reviewed report .20
9/18/98 LeUer to Allstate enclosing a report from Dr. .20
Schwentker; discussing seulement and demanding
$100,000 policy limit
-
9/23/98 Bill paid by accounting department for Schwentker 1.00
report 1$250.00)
DATE DESCRIPTION TIME
9/28/98 Letter to client enclosing court approval Order und .30
check along with distribution sheet confirming
distribution of settlement
9/30/98 Letter to Allstate enclosing updated medical records .10
concerning client's condition
Telephone call with Allstate discussing settlement and .20
eventlJal tender of the policy limits
10/14/98 Letter to Prothonotary filing Proof of Deposit from First .10
Settlement
1--.
10/15/98 Faxed letter from Allstate tendering policy limits and .10
enclosing release and strllctlJre quotes
10/15/98 Review ralease and structure qlJotes .10
10/20/98 Drafting of Petition for Court Approval 1.00
10/21/98 Letter to client explaining structured settlements .75
enclosing the draft of the Petition and Verification for
her signatlJre
10/21/98 Bill paid by accounting department for updated Hershey .25
Medical Center records and bills ($37.78)
11/4/98 Letter to client to retlJrn the draft and verification or .20
call if there are problems.
11/12/98 Client returned Petition - Research and review potential 1.00
for court ordered trust to permit investments in stocks
and mutual funds as requested by John Crawford
11/20/98 Letter to Dicello enc. copy of Petition for Approval of .10
Settlement
11/20/98 Letter to Court filing Petition for Approval .10
12/7/98 Progre~s report from Dr. Schwentker - review report .20
12/8/98 Letter to client enc. Order and advising of meeting .10
location and time prior to hearing
12/8/98 Telephone call to Members First Credit Union, Yvonne .40
Lossing, re: insurance on deposits and CDs
GRAND TOTAL 53.70
. -AcU"lt and Time La I does not contain most time s ent In tele[)hone
y 9 P P
conversations with client. counsel. insurance compenles and health care
providers. An estimate of 5 hours ovor the past two years would be a
conservativa estimate.
JOSEPII M MEUI.I 0
TERRY.'i WYMAN
DAVID L Llrrl
MI(,IIAEL Eo KOSIK
flMlFl.A 1I. SIIUMAN
RI('IIAIW A S,\LlU)('K
Angino
It Rovner
IJAVIU~. WISNI'Skl
NUll!.!: (' OlSON
MIC'IIAIiI. J NAVnSKY
Jml_;I'IIMIKlttIA
IHJANt:. S, UAf{RI('K
lAMES o"eINTI
USIHllN
THE BEST LAWYERS
-.-IN--..-.-
AMERICA
RICHARD ('. ANClINO
NEIL J. IUlVNElt
December 10, 1998
The Honorable Edward E. Guido
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Cumberland County Civil Action No: 97-6324
Poziemski v. Cowell
Dear Judge Guido:
Enclosed please find an updated chronology of time and activity which my
office prepared, including our hours since the previous settlement. I am also enclosing
the medical records and report which we received from Dr. Schwentker concerning
John Crawford's condition.
I also want to bring to your attention John Crawford has requested the ability
to invest some of the funds in stocks and mutual funds rather than having the money
tied up solely in certificates of deposit or federally insured savings accounts until his
18th birthday. The changes that were made to Pennsylvania Rule of Civil Procedure
2039 in 1996 do permit the establishment of a trust with a corporate fiduciary. I
previously went through the process of having a trust established for a young boy
who developed cerebral palsy as a result of an accident here in Dauphin County,
however, since this involves expertise in trust law, it is not something which our office
routinely handles.
In the previous case, we had the client retain separate counsel to establish the
trust, which I believe costs somewhere around $1,000. Since John will be 17 years
old on January 24, 1999, and it probably would take at least a month or two to have
the hearing approving the establishment of the trust and then the actual establishment
of the trust, I am not sure that the effort of establishing a trust for a time period of
123246/LRJ
'~OJ NOAnl FRONT S TREE r. HAAFIISBURCl. ~A 11110.1I0Q
(1l1)2:!B.eml
FAX (711) 238.5810
I " , J,f ...-... ... "',. .. t'
~
less than a year is cost effective. This is something I will discuss with the clients but
believe we should also discuss it informally or during the course of the hearing.
If the Court and client still believe the trust is a good idea, I wanted to advise
you that om office has always done the work necessary for filing subsequent Petitions
to the Court in a minor's settlements without any fee, as we believe that this is
encompassed under our contingency foe agreemont.
I also wanted to advise you that the client will have to select a new bank or
credit union for this deposit. The previous settlement funds were placed in Members
Federal Credit Union. However, the insurance limits for a credit union are the same
as for a bank, and only secure deposits up to $100,000. The share deposit or CD
which was purchased with the previous funds falls within this coverage. Another
option would be to purchase a treasury bill or some other government security which
is not included in the limit. I will discuss this with the client prior to the hearing.
r/-"'-'
MEK:mmm
Enclosures
9 PennSlatc Ucisingcr
.. H~alth Syst~1I1
Edwards P. Schwenlker, MD.
Medical Director, Rehabllilalion
500 University Orlve
M.C. H092
Hershey, PA 17033
(717) 531.7312
S~ptember 9, 1998
Mlehuel E. Kosik
Anglno und Rovner
4503 North Front Street
Harrisburg, PA 17110.1708
REi: John Crawford
MSHMCI/302373
008:1/24/82
01 A: 8/24/96
Dear Mr. Kosik:
lum writing In response to your leller to m~ of Sept~mber 7., 1998 concerning John Crawford. Since my
last reporlto you In August of 1997, I have seen Ihls now 16 year old boy on several occasions. [note Ihat
my dictated clinic noles have been copied to you. '
John was doing well on October 21,1997, and showed no evidence for complications from his injury. He
returned on December 23, 1997, earlier than scheduled, with u complaint of pain in the area of the right hip.
Rudiographs al that lime gave us our first indication that he had developed avascular necrosis of the of the
capit~1 femoral epiphysis. Those radiographs showed an early collapse of Ihe femoral head with a
subcondral fracture line. [placed him on antl.inllammatory medical Ions. I last saw John on August 24,
1998. At thai lime his x.rays showed progressive cystic churoges within the femoral neck and further
collapse of Ihe femoral head. He had maintained a good range of nexion and eXlension, but he had
developed an adduction contracture. in order to stand with such a conlracture. it is necessary 10 tilt Ihe
pelvis whieh then generates a secondary apparent limb length discrepancy. I elected to provide John with a
1/2 inch shoe lift 10 help compensate for this pelvic lilt and Ihe secondary apparent limb leugth discrepancy.
Avascular necrosis is a common recognized complication associated wilh a femoralaeck fracture in all age
groups. The incidence of this complication has been estimated at approximately 40 percent.
Blood supply Ihat feeds the femoral head runs along the ncck which accounts for thc mechanism by which
this blood vessel is injured allhe time of Ihe fraclUre. Once the blood supply is cut off, Ihe femoral head
dies, built is several montbs after this insult thallhe complicallon can be detected by a slandard x.ray. A
progressive collapse of the femoral head occurs secondary to an accumulation of mierofractures in the dead
bone. In living bone, Ihese mierofructu",s are repaired, but In Ihe dead bone, they cannot and consequently
the spherical shape of the femoral head hecomes altered. The change in shape of the femoral hcad leads 10
pain fromlhe distorted joint surfa~e.
II is too early 10 determine Ihe I1nal oalCOllle wilh any absolule certainly for John Crnwford. Al hest, he
will be left wilh a hip that ~an flex and e.'t~nd adequately, bUlthat will hllve lillle mov~lllenl in rOlation or
movemenl from side 10 ,ide. He i, already stuck with the hip adduclcd in nn u",,,"ceplable po,ition so Ihat
even if he retains painless f1e>tion and eXlenslon, he will rcquire nn operntive Pl'ocedure 10 re.align his,
femur,o Ihat il e>tlend, directly downwnrd from the hip joinl, a situalion thaI currently doe, 1101 exist. The
worst possible outcnme for John Crawford', hip i, Ihlll he will lose all motion in Ihe hip and he left wilh a
painful sltualion whkh interfere, with weighl bearing, The early ,olution to that particular problem would
he a hip fusion in it" l\l:\,'~ptahl~ pu,'iitiun. ^ hip fUiion in a boy al1ow'i fairly IhlrnHl1 .IIT1hulathm and ~itting
2
function und should climlnilttJ pain. Muvclllcnllhul would otherwise occur at the hip juint, then occurs
through Ihe lower part oflht' spine. Long lernl, patienls who have had Ihelr hips fused hn\e u fuirly high
incidence of degeneration of knee joint funelion onlhat side and the development of low hack problems as
well secondary 10 tbe added stresses tbatthe hip fusion poses on the low spine und the Ipsllnleral knee Jninl.
In nn older age group, hip fusions CUll he converted to Iota) joint replacements in n lurgc percentage uf
patients. TOlal joint replacement is not un option In a 16 yeur old hoy us un art;lkiul joint would not slund
up III Ihe vigors imposed by u leenager's aetivlty.
In summary Ihe situation for John Crawford is serious. We eun expect u significant level of disnbillty to
Occur from the compllcntion of uvascular necrosis which, 10 a rensonable degree of medical certainty, we
can assig~ to Ihe fraclure of Ihe femoral neck that occurred Inlhe accident of August 24, 1996.
Unquestionably, this boy will require at lenst one, nnd probnbly more Ihan one major operative procedure
to deal with this problem. Under the best of circumstances we can anlicipate that John Crawford will be
left wilh a significant permanent physicnl disability.
Please COlllact me if you require any ndditional information concerning this patienl. The opinions I have
expressed in this Ie Iter concerning the diagnosis and trelllment of John Crnwford arc expressed with a
reasonable degree of medicnl certainty.
Sincerely,
~L~
Edwards P. Schwentker, M.D.
Professor of Orthopaedics and Rehabilitation
Medical Director, Rehabililation
..
PennState Geisinger
Health System
The Milton S. Hershey
Medlcel Center
PROGRESS REPORT
PEDIATRIC ORTHOPAEDIC CLINIC
TIm PENN STA'l'E GEISINGER ImAIJI'lI SYSTEM
CRAWFORD, JOlIN S.
MSIIMC# 302373
November 18, 1998
eROBLEM: Avascular necrosis, right hip.
ASSESS~ John continues to have increasing pain in his right hip. He felt that this has got
somewhat out ef control and comes back to clinic early because of these symptoms. The shee-lift;
.which he ebtained is about a quarter of an inch and is an inside shoe-lift, and is not compensating
for his very eignific,mt adductiol\ contracture. Radiographs taken today document further collapse
of the dome of hie femoral head. Joint space is narrowar than it was in the past.
The options for treatment were agsin discussed at length with John. Prebably, the most sensible
alternative is that of a hip fusion. I have discussed what this entails in considerable detail with
John, and lI1'ged him to obtain a second opinion os well. We will otherwise see him back in three
months'time. I havo given him 0 prescription for an outside shoe-lift to be applied to the sole of the
right shoe.
Clinical evaluation and medical decision making described in this dictated note were performed by
me personally.
D~L&~~,/J>.
Edwards P. Schwentker, M.D.
Professor, Department of Orthopaedics and Rehabilitation
Medical Director of Rehabilitation
EPS/srd
D: 11118/98 'r: 11118/98
cc:
G.leenhill Family Health Center, 503 Bridge Street, New Cumberland, PA 17070
..Michael E. Kosik, Esq., 4503 North Front Street, Harrisburg, PA 17110-1708
File copy
MA 8.\ Aov. 8/98
PROGRESS REPORT
CHRONOLOGY OF ACTIVITY AND ATTORNEY TIME
KATHLEEN POZIEMSKI for JOHN CRAWFORD
DIA 08/24/96
DATE DESCRIPTION TIME
09/04/96 Initial client Interview at Mrs. Poziemski's home 2.00
09/04/96 Initial data request and letter of representation 1.00
09118196 Receipt and reviaw of Polica Accident Report .30
09/18/98 Review letter from State Farmlupdate State Farm .50
-
09/20/96 Telephone call from cllentlreturn call .25
09/25/96 Review materialslbills etc. received from client .20
09/25/96 Letter to client .20
09/27/96 Review bill from Capitol Healthcare . wheelchair .20
09/27/96 Letter to State Farm .20
-
10103/96 Memo to Paralegal/prepare summary of medical bills .10
10109/98 Letter to Allstatelfirst party payment summary .20
10/23/96 Review letter from State Farm .10
10123/96 Letter to Stata Farm with updated medical records .20
10/23/96 Review denial of transport bill received by client .10
11107/96 Telephone call with Allstate .20
11/11/96 Letter from Allstate acknowledging UIM . .10
c1aimlenclosure Affidavit of Residency
11/11/96 Letter to Allstate .20
11/11/96 Letter to client with Affidavit .20
11/18/96 Letter to Holy Spirit Hospital .10
11118196 Receipt and review "f medical records from Hershey .50
Medical Center
11/19/96 Letter from State Farm .10
11119196 Letter from client with signed Affidavit and bills .10
137678/LAM
.
DATE DESCRIPTION TIME
11119/96 Letter from Allstate .20
11119/96 Letter to State Farm enclosing medical rocords and .26
demand policy limits
-
11/25/96 latter from clien\ with collection notice and letter from .20
Allstate denying transportation costs
11/25/96 Research transportation issuo 1.00
-
11/25/96 Memo to Paralegal ro: medical research .20
11/25/96 Letter to Allstate re: transportation costs .20
-
12/02/96 I.etter from State Farm .10
12/02/96 Attend District Justice Hearing In D.J. Clernents
offlcas; meet with client/meet with Police Officer
afterward 2.00
12/02196 Letter to State Farm ,60
~. --
12/11/96 Second request letter to Holy Spirit Hospital for medical
records .10
-
1 211 2/96 Letter from Allstate re: transportation costs .10
12/12/96 Letter to client advising of AlIstato doclsion .20
- -
12/17/96 Letter from State Farm .10
--.- .-..._-.
12117/96 Review medical research 1.00
12/18/96 Letter to Stalfl Farm with medical research find
discussion of Injury .60
12/19/96 Letter to Allstate with bill for transportation .20
0______ --------.
01/15/97 Receipt and review medical records received from
Polyclinic Medical Center .60
- .---,.....-- .-
01/15/97 Letter to client with records/request update on John
.20
- "-'-_0_'*_" -_._0._____-
01/17/97 l.etter to Hershey Medical Center requesting Olltpntlent
medical records and bills .20
._-_._---~- -----
01/20/97 Bill from client re: Hershey Medical Center/cfllI 10
Hershey Medical Center .30
.-.-.-.~ --
01/21/97 Telephone call to Hershey Medical Center .20
~-'----'----" .-----.
01/24/97 Lotter from State Farm advisinu of Iirnlts/rovlow filo ,60
. .-._-.----.._-~~--..__.._......- -,..-._......~-.._..
;
.,
.
DATE DESCRIPTION TIME
-
02/24/97 Receipt and review of outpatient records from Hershey
Medical Centar .20
03/01/97 Letter to c1iont requesting update .20
03/04/97 Letter from State Farm requesting update .10
-
03/04/97 Letter to State Farm with updated records and status
.20
03/25/97 Memo to Paralegal re: update medical bill and
treatment summaries .20
03/27/97 Letter from State Farm requesting additional .10
information
03/28197 Telephone call with client re: update .20
.
03/28/97 Letter to State Farm re: update .20
04/02/97 Letter to Allstate requasting updated First Party
Summary .10
04/11/97 Flecelpt and review of letter from Allstate with
summary .50
-
04/11/97 Memo to Paralegal re: summary .10
05/02/97 Letters requesting additional records
(West Shore ALS. Kreamer Medical, Protesslonal Home Health Carel .30
05/19/97 Receipt and review of West ShOl'e ALS records .25
05/19/97 Letter to clientlstatuslcondition update .20
05/19197 Letter to State Farm enclosing updated records .20
05/30/97 Telephone call with client .20
05/30/97 Memo to the file .10
05/30/97 Letter to Harshey Medical Center requesting updated
medical records .10
05/30/97 Letter to Dr. Schwentker requesting report .20
05/30/97 Receipt and review of Professional Home Health Care
records .30
06/02/97 Letter to State Farm enclosing updated medical records .30
06/02/97 Mamo to Paralegal re: prepare treatment summary .10
06/02/97 Memo to file re: UIM claim .10
~I~
DATE DESCRIPTION TIME
06/10/97 Letter from State Farm requests additional records ond
report ,10
-
06/24/97 Second request letter to Kreamer Medicol .10
07115/97 Second request letter to Dr. Schwentker .10
._-_.-.-.
07/15/97 Second request latter to HMC outpatient rocords ,10
.- -~-~~~
08/07/97 Receipt and review of Dr. Schwentker's ropor~/rocords ,50
.----
08/07/97 Letter to State Farm enclosing roport/wlll forwnrd
evaluation ,20
u_,._._. ._-
08/12/97 Receipt and review of outpatient records from Hurshoy
Medical Center ,30
.-....--.--..".-.,. ..-.-_._._._~-
08/12/97 Review file at Attorneys' meeting .!i0
_, .__..._. __..-.~ _~.,nn ,___ ..-...-,....--..
08/12/97 Letter to State Farm enclosing rocords und dll/llllrlll 01
policy limits ,20
~.__,_...._ ._~_n_. ,n~',~_,_ _..
08/29/97 Telaphone call to State Farm .10
._~.-.,....-.._-~.- .......,.w.._.._
09/02/97 Telephone call to State Farrn/wlll roview ,10
-- . ._..__.___....__n.r_... -.-.--.-------...;-
09/15/97 Telaphone call to State Farm .10
..--.---- ----.
09/16/97 Letter from State Farm roquesting tort nelllc:llolI ,10
,_._.___,.._~h~_~_ .
09/16/97 Letter to client requesting tort selection und lIpdlllll .30
..~-
09/29/97 Letter agent re: client's auto COVllro\JO .20
~__"__,_,__,,_,,,,_'_h..,_ _
1 0102/97 Fax from Allstate re: covfJrago .10
.- ,~---..........
10/03/97 l.etter from Allstatelhard copy of coverll\Je .10
-. "~'-"'~---"'--'- -.
10/03/97 Letter to State Farm with cover aile confirmed .20
--_._--~-~~--~-,~-- .-.
10/15/97 Letter from Stata Farmlwill honor oc:ollomic: 1085 only .10
-~,.
10/15/97 Draft Complaint 1.50
_.,___.__w._..,._..______ --
10/15/97 Letter to client with Complnillt .20
'~____'_A""'_~_"'-
10/28/97 Telaphone call with cliont/ro: 51/1tus/Complllint .20
-----.._~,-~- -
10/28/97 Memo to 1110 .10
_._......__,_._.______L_.___,__~_~.___._____~__
10/28/97 Memo to f'llr al 011 II I Ill: IIddltionol lIH1dlclll HI90nrch .10
>--------~._--~--....--_.
10/28/97 Lotter to Hershey ModiclIl ClIlltm roqllllstlllllllpdllted
outpatient notes .10
._..w._.__~~~'M_______
11/06/97 Received Complaint IHld VorlliclIllOlI flnillilO .50
..____~ ._+_.~+_..._... .~... _....._....._ nO.. ~,
r I . > ____ --:-.._.,
. .
DATE DESCRIPTION TIME
11/13/97 Complaint filedlletter re: service .20
1111 3/97 Letter to State Farm enclosing Complaint .20
11/20/97 Letter to Prothonotary .10
12/02/97 Letter to Hershey Medical Center requesting additional
records .10
--
12/15/97 Shariff's return .20
12118197 Letter from defense counsel/Entry of Appaarance Bnd
Dafendants' Discovery .30
12/20/97 Plaintiff's Discovery to Defendants .25
12/29/97 Racelpt and review of additional medical records from
Hershey Medical Center .20
01/02/98 Received Deposition Notice for 02/11/9B .10
01/02/98 Letter to client enclosing copy of Deposition Notice .10
01/05/98 Request for Driving Record to Defense .20
counsel/discovery
01/06/98 Received Defendants' Answer With New Matter .20
01/06/98 Letter to Defense counsel closing updated medical
records; issue in case .20
01/06/98 Draft Reply to Answer and New Matter 1.00
01/06/98 Letter to client with Reply to New Matter and
Verification .20
01/12/98 Letter to Defense counsel with updated X-ray raport .20
01/12/98 Letter to Allstate enclosing updated records and
medical research on UIM claim .30
01114198 Letter from Defense counsel/Notice of Daposition .10
01/14/98 Letter to client with New Notice of Deposition .10
01118198 Letter to State Farm with updated First Party summary .20
---
01118/98 Telephone calls with Defense counsel re: tender limits .20
02/05/98 Letter to Defense cOllnsel confirming telephone call, .40
draft Affidavit
02/18/98 Letter to Allstatelupdated First Party summary .10
-
DATE DESCRIPTION TIME
02/23/98 Letter from Defonse counsol confirming tender and
enclosed rolease .30
02/23/98 Letter to client canceling deposltion/updato on tender .30
02/23/98 Receipt and reviow of updated medical racords from
Dr. Schwentker .30
02/23/98 Letter to Allstate with tender .20
03/04/98 Letter from Defense counsel with Cowell Affidavit .20
03/04/98 Letter to Allstate with Affidavitlrequest consent to
settle .10
03/17/98 Consent to settle from Allstate and requast for Joint
Tortfeasor Release .30
03118/98 Telephone call to Allstato ,10
03/18/98 Letter to Defense counsel with Allstate consent .20
03118/98 Request missing record from Hershey Medical Centar .10
03118/98 Lotter to Kreamer Medical requesting updated records .10
03118/98 Review notes from District Justice Hearing .50
1--.
03/18/98 Telephone call to District Justice requesting name of
court reporter .10
03/30/98 Letter to Patrick Lauer re: court reporter at District
Justice Hearing .20
04/07/98 Letter from client with bills .20
04/07/98 Letter to client re: bills .10
04/10/98 Draft Petition for Court Approval 1.60
0411 0/98 Draft Joint T ortfeasor Release 1.00
04/15/98 Letter to client with draft .20
04/21/98 Fax from Allstate re: updated medical records .10
--
05/06/98 Letter to client re: status .20
05/06/98 Telephone calls to Defense counsel re: Exhibit .30
06/11/98 Lotter from Defonso counsel/Defendant's driving record .20
06/25/98 Fax from Defense counsel with coverage .20
06/25/98 Telephone calllo Defense counsel .10
DATE DESCRIPTION TIME
-
07114/98 Fax from Defense counsel with coverage of .20
confirmation
07114/98 Finalize Petition 1.00
-
07/14/98 Letter to Allstato enclosing Petition and update .20
07/14/98 Letter to Court filing Petition .10
07/29/98 Order from Court setting Hearing .10
07/2'<)/98 Letter to client enclosing Order .10
07/29/98 Letter to Allstate enclosing Order .10
07/29/98 Letter to Defense counsel enclosing Order .10
08/18198 Letter from Allstate re: UIM claim .20
08/18/98 Review expenses With Accounting Department .50
08/18/98 Review time record and activity logldraft Exhibit 2.00
08/24/98 Finalize Exhibits 1.00
08/24/98 Letter to Court w/Exhibits, Tlme/Correspondence and
Expenses .20
TOT AL HOURS 44.50
8/31/98 Meeting with client prior to hearing and hearing on 2.00
court approval
9/2198 Letter to Kroll enc. signed Order approving settlement; .20
enclosing release and requesting check
9/2/98 Letter to Allstate enclosing Order and copy of Release .20
and discussing further settiement and client's condition
9/2/98 Letter to Dr. Schwentker at Hershey Medical Center .10
requesting updated records and a report.
9/9/98 Letter from Allstate requesting information before any .10
further settlement
9/9/98 Letter from Kroll enc. check .20
9/17/98 Fleceived report from Dr. Schwentker; reviewed report .20
9/18/98 l.etter to Allstate enolosing a report from Dr. .20
Schwentker; discussing settlement and demanding
$100,000 policy limit
9/23/98 Dill paid by accounting department for Schwentker 1.00
report ($250.00)
-
DATE DESCRIPTION TIME
9/28/98 Letter to client enclosing court approval Order and .30
check along with distribution sheat confirming
distribution of settlement
9/30/98 l.etter to Allstate enclosing updated medical records .10
concerning client's condition
Telephone call with Allstate discussing settlement and .20
eventual tender of the policy limits
10/14/98 Letter to Prothonotary filing Proof of Deposit from First .10
Settlement
10115/98 Faxed letter from Allstate tendering policy limits and .10
enclosing release and structure quotes
10/15/98 Review release and structure quotes .10
10/20/98 Drafting of Petition for Court Approval 1.00
10/21/98 Letter to client explaining structured settlements .75
enclosing the draft of the Petition and Verification for
-. her signature
10/21/98 Bill paid by accounting department for updated Hershey .25
Medical Canter records and bills ($37.78)
11/4/98 Letter to client to return the dr aft and verification or .20
call If there are problems.
11/12/98 Client returned Petition - Research and review potential 1.00
for court ordered trust to permit investments in stocks
and mutual funds as requested by John Crawford --
-
11/20/98 Letter to Dicello enc. copy of Petition for Approval of .10
Settlement
11/20/98 Letter to Court filing Petition for Approval .10
12/7/9B Progress report from Dr. Schwentker . review report .20
12/8/98 Letter to client enc. Order and advising of meeting .10
location and time prior to hearing
12/8/98 Telephone call to Members First Credit Union, Yvonne .40
Lossing, re: insurance on deposits and CDs --
.AoO
~ d.1.D /
. ActiVity ana lime LOll does not cont~1n most time spent In telePh'l ne
conversations with client, counsel, Insurance companies and health c~e
providers. An estimate 01 6 hours over the past two years would be a
conservative ostlmate.
JOHN CRAWFORD, a Minor by and
Through his Mother and Natural
Guard.ian, KATHLEEN POZIEMSKI,
Plaintiffs
IN THE COUR'l' OF COMMON PLEAS
CUMBb1RLAND COUNTY, PENNA.
v.
CIVIL ACTION - LAW
NO. Q?-t.J ;).(1 OU\'( '-f01....J>}
WILLIAM G. COWELL and
WILLIAM H. COWELL,
Defendants
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set fot'th in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or r'elief
requested by the Plaint iff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS ~APER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator, 4th Fl.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
240-6200
JOHN CRAWFORD, a Minor by and
Through his Mother and Natural
Guardian, KATHLEEN POZIEMSI<I,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL AC'l'ION - LAW
v.
NO.
WII,LIA.\! G. COWELL and
WILLIAM H. COWELL,
Defendants
JURY TRIAL DEMANDED
NOTICIA
Le han demandado a usted en la corte. si usted quiere defenderse
de estas demandas expuestas en las paginas siquientes, usted tiene
viente (30) dias de plazo al partir de la fecha de la demanda y la
notificacion. Usted debe presentar una apariencia escrita 0 en
persona 0 por abogado y archivar en la corte en forma escrita sus
defensas 0 sus objectiones alas demandas en contra de su persona.
Sea 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 peticion de demanda.
Usted puede perder dinero 0 sus propiedades 0 otros derechos
importantes para usted.
LLEVE E8TA DEMANDA A UN ABODAGO INMEDIATAMENTA. 81 NO TIENE
ABODAGO 0 81 NO TIENE EL DINERO 8UFICIENTE DE PAGAR TAL SE;RVICIO, VAYA
EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA E8CRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
,
Court Administrator, 4th Fl.
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
240-6200
JOHN CRAWFORD, a Minor by and
Through his Mother and Natural
Guardian, KATHLEEN POZI8MSKI,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMB8RLAND COUNTY, P8NNA.
CIVIL ACTION - LAW
NO. Q:z:.I....,~.:J.(1 ~.L.'. (7r ~J' /
v.
WIL,LIAM G. COWELL and
WILLIAM H. COWEL,L,
Defendants
JURY TRIAL DEMANDED
C 0 M P L A I N T
1. Plaintiff ,John Crawford is a minor Plaintiff who was born
on January 24, 1982, and resides at 724 Bosler Avenue, Lemoyne,
Cumberland County, Pennsylvania.
2. Plaintiff Kathleen Poziemski is the mother and natural
guardian of the minor Plaintiff John Crawford and resides with him
at 724 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania.
3. Defendant William G. Cowell, is a minor individual, born
on February 6, 1980, who resides at 128 16th Street, New
Cumberland, Cumberland County, Pennsylvania.
4. Defendant William H. Cowell is an adult individual and is
the father and natural guardian of minor Defendant William G.
Cowell, who also resides at 128 16th Street, New Cumberland,
Cumberland County, Pennsylvania.
5. The facts and occurrences her0with related took place on
August 24, 1996, at approximately 10:38 p.m. at the intersection of
5th Street and Geary Avenue, New Cumberland, Cumberland County,
Pennsylvania.
121221/MMP
6. At the locat ion of the uccident, Geary Avenue is a
residential street with a speed limit of 35 miles per hour and is
controlled by iI stop sign for traffic traveling north at its
intersection with 5th Street.
"/. At the locution of the accident, 5th Street is a
residential street with a speed limit of 35 miles per hour and
which has no traffic control at its intersection with Geary Avenue.
8. At that time and place, PlaintJ. f f John Crawford was a
right frent seat passenger in a 1990 For.d Mustang being driven by
Defendant William G. Cowell, heading north on Geary Avenue.
9. At that time and place, William H. Wintermyer was
proceeding west on 5th Street in a 1989 Buick Regal.
10. At that time and place, Defendant William G. Cowell drove
through a stop sign on Geary Avenue at a high rate of speed,
directly into the path of the Wintelmyer automobile, which collided
with the right passenger side where minor Plaintiff John Crawford
was seated.
11. The violent impact caused Defendant William G. Cowell's
vehicle to flip over onto its side and slide up onto the curb at
the north-west corner of the intersection.
12. Plaintiff John Crawfor.d was pinned underneath the car as
a result of the automobile being flipped over onto its side and
suffered severe injuries set forth hereinafter.
13. Minutes prIor to the accident, Defendant William 0.
Cowell was drIving in a lawful manner and did not provide Plaintiff
.John Ct-awfol'd any 1'1~aBOn to be concerned about De fendant / s
operation of the car.
14. As Defendant William G. Cowell drove past his ex-friend' s
house, his manner of driving changed when he observed his ex-
girlfriend get into another automobile.
15. Defendant William G. Cowell began to drive erratically,
and he proceeded to chase the automobile at a high rate of speed
without regard for his passenger/ Plaintiff John Crawford.
16. At that time and place, Defendant William G. Cowell knew
or should have known that his conduct in operating his vehicle at
a high rate of speed in a residential area constituted reckless
indifference to the rights of others and created a grave risk of
harm to his passengers, including plaintiff John Crawford.
17. Plaintiff John Crawford sustained painful and severe
injuries, which include but are not limited to, closed head
injuries, right femoral neck fracture, right superior ramus
fracture, bilateral sacroiliac joint widening, small hepatic nerve
contusion, multiple rib fractures, pelvic fracture, femur fracture,
and contusion of the liver.
18. Plaintiff John Crawford sustained serious impairment of
bodily function due to the aforesaid injuries.
19. By reason of the aforesaid injuries
plaint if f John Crawford, he was forced to incur
medical treatment, medications, physical therapy,
3
sustained by
liability for
and similar
miscellaneous expenses in effort to restore himself to health, and
claim is made therefore,
20. Because of the nature of his inj uries, Plaint.if f John
Crawford has been advised, and therefore, avers that he may be
forced to incur similar expenses in the future, and claim is made
therefore.
21. As a result of the aforementioned injuries, Plaintiff
John Crawford has undergone, and in the future will undergo, great
physical and mental suffering, great inconvenience in carrying out
his daily activities, loss of life's pleasures and enjoyment, and
claim is made therefore.
22. As a result of the aforementioned injuries, Plaintiff
John Crawford has been, and in the future will be, subject to great
humiliation and embarrassment, and claim is made therefore.
23. Plaintiff John Crawford continues to be plagued with
persistent pain and limitation and therefore, avers that his
injuries may be of a permanent nature, causing residual problems
associated with the injury for the remainder of his lifetime, and
claim is made therefor.
COUNT I - NEGLIGENCE
JOHN CRAWFORD V. WILLIAM G. COWELL
24. Paragraphs 1 through 23 of the Complaint are incorporClted.
herein by reference.
25. The foregoing accident and all of the injuries and
damages set forth hereinafter sustained by Plaintiff John Crawford
4
are the direct and proxImate result of the neglIgent, careless,
wanton, and reckless manner In whIch Defendant WIllIam G. Cowell
operated hIs 1990 Ford Mustang as follows:
(a) FaIlure to keep alert and maIntaIn a proper watch
for the presence of other motor vehIcles on the
highway;
(b)
Failure to have
to, be able to
distance ahead;
his vehicle under such control as
stop within the assured clear
(c) Failure to apply his brakes in sufficient time to
avoid impact with the Wintermyer's vehicle;
(d) Failure to keep alert and maIntain a proper watch
for the presence of other vehicles on the highway;
(e) Failure to yield the right-of-way to the Wintermyer
vehicle;
(f) Failure to maIntain a safe speed;
(g) Failure to stop for the stop sign controlling
traffic in his direction of travel; and
(h) Dr1 ving his motor vehicle upon the highway in a
manner endangering persons or property 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.
WHEREFORE, plaintiff prays for judgment against Defendants in
an amount in excess or Twenty Five Thousand ($25,000) Dollars,
exclusive
of interest and costs,
and in excess of any
jurisdictional amount requiring compulsory arbitration.
COUNT I I
JOHN CRAWFORD V. WILLIAM H. ~
26. Paragraphs 1 through 25 of the ComplaInt are incorporated
herein by reference.
27. The foregoing accldent and all of the injuries and
damages sustaIned by PlaIntiff John Crawford as set forth
hereinafter are the direct and proximate result of the Defendant
William H. Cowell for entrusting the 1990 Ford Mustang to minor
Defendant, William G. Cowell, as follows:
(a) Permitting Defendant William G. Cowell to operate
the Ford Mustang, al though he knew or should have
known that Defendant William G. Cowell did not have
the proper training, experience, and judgment to
adequately control and operate the vehicle:
(b) Permitting Defendant William G. Cowell to drive the
Ford Mustang, although he knew or should have known
that Defendant W11 1 iam G. Cowell was careless or
reckless in the operation of the vehicle;
(c) Permitting Defendant vlilliam G. Cowell to drive the
Ford Mustang, although he knew or should have known
that Defendant William G. Cowell was not physically
or emotionally responsible to the degree necessary
to operate and control the vehicle upon the
highway.
WHEREFORE, Plaintiff prays for judgment against Defendants in
an amount in excess of Twenty Five Thousand ($25,000) Dollars,
exclusive of
interest and costs,
and in excess of
any
jurisdictional amount requiring compulsory arbitration.
. ael E.' Kosi, Esquire
I . D. No, 36513
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for PlaIntiffs
Dat.ed: 'I/Ov'cm IJ{~ I:!) /<)'1 'l
~
r~-Ktu.:t;~~n~
KA'PHERHIE POZ! MSK!
#;l-i/J/u n
VERIFICATION
.Ie! WlL, \~v,
!, kATHElitlNE POZIEMSKI, Mother and Natural Guardian of JOHN
CRAWFORD, Plaintiff hdve read the foregoing COMPLAINT and do swear
or affirm that the facts set forth in the foregoing are true and
correct to the best of~,u!' knowledge, infer-maticn and belief We
understand that this Verification is made subject to the penalties
of 18 Pa.C.S.A., Section 4904, relating to unsworn falsification to
authorities.
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MI('IIA1!J. J NAVITSKY
JOSI:"II M rXHtlA
IWANE S, ItARIUCK
J^MI~~ D~.CINTI
THE BEST LAWYERS
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AMERICA
IW"MRIH' ANtjlNO
NHL J RlIVNI:R
August 24, 199B
Hon. Edward Guido
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Cumberland County civil Action No: 97-6324
Poziemski v. Cowell
Dear Judge Guido:
I am enclosing an activity and tIme log which I have prepared
based upon my review of the file. The hours contained in the
exhibit are not from time slips maintained contemporaneously with
the activity but is my best estimate of the time involved for the
documents in the file. I believe that the estimates for time spent
on most of the activities are relatively conservative and would
expect that the actual time spent in working up the file would be
somewhat higher. As the exhibit also notes, most of my telephone
calls on the fi.le al"e not reflected except for those which are
summarized by correspondence or memos to the file, which I was able
to review. I am also providing you with a mail log which is
m.;li.ntained by my cf f ice showing both incoming and outgoing mai.l, as
well as an expense printout prepared by our Accounting Department.
I am supplying these document3 as requested in your Order of
July 27, 199B. I would be happy to answer any questions you have
concerning them at. the time of the hearing which is scheduled for
Monday, August 31, 199B. Thank you for your at tent ion to this
mat ter.
1 \)-'SO!SC
~IEK/ sc
Enc lOSUl"eS
PLAIN'Tt...I' .
I EXHiBn'
__1-.
4~03 NORnt FRONT STREET. flARRISBURO. PA 11110.1108
(111) 238.em.
FAX 1717) 238.eetO
..
CLIENT: J?OZIEMSKI. Katherine for John Crawford V. DEFBNDANT: ni 11 Cowell
ADDRES3: 724 Bosler AvenuE!
ADDRESS: Lemoyne, PA 17043
PHONE: 730-9211 (~loved as of 3/28/97)
DOB: John Crawford - DOB: 1/24/82
SS#: 196-62-6090
EMPLOY: Mother works at HBg Hosp in Med Raes
D/A:
I/O:
SiLo
pIA:
8/24/96
9/4/96
8/24/2002 (2 years after age 18)
5th & Geary Sts. in New Cumberland
FACTS:
Minor PL was passenger in ear driven by Bill Cowell
DAMAGES: Concussion/fx pelvis, ribs, hip/bruised heart & liver
REFERRAL: TV
FILE#: 96-343
DATE OF ORIGINATION
1:Q F.R.QM
9/13/96
"
"
"
"
9/18/96
9/23/96
9/25/96
9/25/96
9/27/96
9/27
10/3/96
10/9/96
10/23/96
10/30/96
11/11/96
11/13/96
"
11/19/96
11/19/96
11/20/96
11/20/96
11/22/96
"
11/25/96
9ae60/DMR
DESCRIPI.l.Q.l::I
RESPONSE
It lianne (hmc) - rea all recs/out-pat orth 11/18
(9/23 - fee $28.75)
It univ phys - rea all drs bls 10/24/96
(10/8 - req pp fee $7.50)
lt hoso illiL - rea all hasp bls ?
(reed 9/26 - fee $7.50)
It new cumb pol - enc/ck $15 & req par 9/18/96
(12/6 -reed suppl)
It wolfberg (sf) - will send med recs asap
It hoffman (allst) - re poss under cl
If wolfberg - has adequate pol limits
It wolfberg - john had xrays of hip/back to school
reed fr el - hmc bl for john
It cl - enc/poa & par
reed fr cap hlth - bl whchr $39
It wolfberg - ene/par re wlm crowell at fault
mm to !,AM - prepare med bill summaries ?
lt hoffman - req 1st prty pymt sum ?
If wolfberg - req meds
It wolfberg - enc/hmc bls & will send meds
If dicello (allst) - enc/residency affd
It dicello - will send affd asap
It cl - enc/affd for sig ok
If wolfberg - req meds
It holy ~ hos~ - req r~~ on broken wrist/to~ ?
(12/4 - no recs)
(12/11 - resent & req recent info) ?
(12/19 - req pp fee $20.12) (reed 1/15/97)
If cl - ene/sign affd & enc/bls
It dicello - enc/affd & hmc $60 xray bl
1 t wolfberg - enc/hmc recs & req tend if. not over
$100,000 & will accpt liab
campI form to nCilS
If cl - enc/nciHI fotOm & !lalinger Iu' reo t.rans
L
~
11/25
12/2/96
12/3/96
12/9/96
12/12/96
12/17/96
12/19/96
"
1/2/97
1/17/97
"
"
1/20/97
1/21/97
1/24/97
1/29/97
3/3/97
3/4/97
3/5/97
3/25/97
3/27/97
4/2/97
4/4/97
4/11/97
5/2/97
"
"
5/19/97
5/23/97
6/2/97
"
"
6/10/97
"
mill to Ii [Ia - n!v lime t."E!cn & ollt ort.ho toxt. ?
If wOlflll'l"! 'johll cl"awford' fJ bod ill.J e1 under cm/(!ll
pol [, han 1'IloucJh covol"acJe
It nalillgC1l' - Hi I refuflal to pay trmlElp couts
It wolfberg - re dj hrg
If williallls (allclt) - req bl for trans fr hasp
If wolfberg - will not waive liab defenses
It wolfberg - enc/med research lit on el'fl inj
It e1 - allclt will pay john' fJ amb transp
1t willian\f.l - ene/hme transport b1 for reimbur
It hme (miller) - req all out-pat reefl 2/27
(1/29 . pp fee $8.75)
1t univ pb:ilL- req all .911l~121.fLfor out-pat trmt :y.n
(2/26 - req pp $7.50)
It-pos9 inq (brown - req all hosp bls for out-pat ?
(reed 2/28 - req pp $7.50 - provided SS & DaB)
reed fr el - hme pat inquiry - reI bl $709.39
It el - ene/poly meds & req clarif on john's inj
If wolfberg - sf pol lims 100/300
It kovaes (hme) - reo transport bl should be pd by
allst
It el - req up on john's cond & resp to 1/21 ltr
If wolfberg - req addl meds
lt wolfberg - ene/hme rees & john has appt 4/97
email to lisa - req rev univ hosp/phys bls
4/23/97
If wOlfberg - req eompl meds/photos/el's fut prog
lt wolfberg - will get photos if nee & addl meds
lt williams (allst) - req 1st p pay sum
lf terry (allst) - ene/"
w sh adv life supp - req amb trip sht
~amer med - req all r/bls
(no rees as per lisa 6/25)
It prof home hlth - reg all r/n/bls
It el - req john's eond
It wolfberg - ene/w sh life sup rees
It wolfberg - will write to HMe & dr sehwentker
It dr sehwentker -~ecr rpt & r/n/~
7-24-seeond request
It hme (lianne) - req all out-pat rees
7-24-seeond request
It wolfberg - ene/prOf home hlth rees
fee $15
~
6/18 (2 pgs)
5/30/97
?
reed rpt 8/7
real 8/12
email lisa - rev prof hlth rees & do trtmt sum
/.
8/12
8/15
9/18
9/29
10/9
10/20
10/28
11/13
11/14
11/20
12/02
12/30/97
1/5/98
1/5/98
1/9/98
1/12/98
1/13 /98
1/13/98
1/19/98
2/18/98
2/20/98
2/23/98
2/23/98
2/25/98
3/11/98
3/23/98
3/23/98
3/24/98
3/30/98
4/15/98
4/15/98
5/6/98
6/16/97
If bOllni" (flf :lnl) - roC! ar]dl rptll/lto
It bellnl" uncI flchwuntkur'n rnpt
It bennio enel liMe rocdfl/valllo of eiHle $100k
If bennie .. wlll revw and oval chnd
If bennle - reo tort seleetlon
It elt - tort selection - flllng Dult ete
It krieher pI prov w/dee sht
fx fr/ aIls tate answer reg f/pol doc sheet - included
lnfo and comp prlntout
If dieello enel ins eov
It bennie enel ins eov info - filing emplt if deny evg
If bennie reevd tort Bel proof
It clts ene! draft c/o & verifs for sign l' e t n d
It hme req llpdateueQilll 6/2 to prst recvd 11/06
(one progress note)
LT PROTH -- FILED C/O (COMB CTY)
It bennie encl cc of complaint
It proth sending addtl copy of c/o
It hmc radloloqv req xrav f/10/21 vlsit 12/29/97
SHERIFF'S RETURN AND REFUND CHECK
If kroll ene. ENTRY OF APPEARANCE FOR BOTH DEFS.
P ROGS & RFP TO DEF.
progress note from orthop. clinic (12/23/97)
MAILED DE PO NTS FOR DEFS. 2/11/98 1 PM HERE
It kroll enc. penndot form for driving recd
If kroll enc. DEF. ANS, & NM
It kroll clt will get over threhold of Imtd tort
reo avascular necrosis condo
It kroll enc. ortho. outpat vst note and articles
It clt enc. draft of nm for review
It dicello/allstate update on condo enc. all meds;
research
If kroll enc. DE PO NTS FOR PS 2/11/98 @ 1 PM
It clt enc. nts of depo
It salinger/all state reg. first pty summary
It terry/alls enc. first pty summary
If kroll ene. release; aff'd fwd to cowell
It clt deps cancelled; will have to get court approval
on settlement
If schwentker-pediatric orthp clinic-progress note
It dieello/allstate ene. tender Itr; reg. return
of aff'd.
If kroll ene. cowell's aff'd.
It dicello/all enc. cowell aff'd.; reg. consent to
settle
It kroll enc. consent to sett Itr; she wants joint
tort feasor release
It dicello/all joint tort feasor reI okay; will file
pet. for approval
~hmc for specific recds 6/2/98
It kreamSlr med 'or 1'& b3--30-98 spec. r~
It lauer reg. who they used as steno at dj hrg.
If poziemski enc. bills that need submitted
It clt providlng claim number for submlssion of bills
It clt enc. draft of pet. for approval & verif
fax from dicello/allstate reg. post -12/23/97 visit
reeds
It elt to return draft pet. for approval and verif.
clt returned petltion for approval and vetif
lf kroll ene. driving reed for def
9/2
9/16
10/2
10/3
10/15
12/15/97
12/18/97
1/2/97
1/6/98
1/14/98
2/23/98
3/4/98
4/7/98
4/21/98
5/20/98
6/11/98
7/15/9H
7/16/90
7/29/90
7/29/9B
7/29/98
It dIcollo elle. pet tOt' approval of flettl.
It pIerce enc. pet for approval of nettl.
It clt hrg wIll be 8/31/98
It kroll hrg wIll be 8/31/98
It dicello/alltate hrg will be 8/31/9B
SIGNED ORDER APPROVING SETTLEMENT
8/3/98
..
,
,
,
,
PRKPARjD. 2/12/9B
'AGaI
1
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An'Jillu" HOlJnllt, l).~.
.. CIWI!/ACCOUIi'r1NtJ JU:;tJIUl'l::l\ ..
'ILK IiUHB2It............1 96]4]
CI.IBNT..~............. .1
DATI HlorFIcK.........1
POI lEHBKI ,
9/03/96
^
)lATIlLEJEIi
TYPI or CAlII...........1
DIFIHDANT(8)...........1 DILL COWKLL
A1'TORNEY IN CHAROI.. . . . 1 IiIK
fORWARDBR............. .1
RlPIMAL.............. .1
SPICIAL HO'l'BI8)........1 JOliN CR,AwrOIU)-SON 0' 'KATULllN
... 'ILl IXPINSIS ...
DEaCRIPTIOH
MEK .. EXPBNSES
rAST PRltIt'
K!K .. EXPBNSES
DATI OUANTITY UN1T/PRlCI
u/U/96
12/12/96
1/03/91
P/llI.ION
AIlOUNT
4.20
3.75
!Ii.QO
UPPSI Tn. TOTALI INVlEBTIOATION BXPENS!
,!C.ts .
LONG DISTANCE
2/12/08
s.oo
-......-.......,.-......
UUNS! TYPB TOTALI LONG DIS1'ANCE
s.co "
PHOTOCOPIES
2/12/9B 592.00
.2'
148.00
.)(PIliSI Tn. wrALI PIIOTOCOUES
141.00.
POSTAGB
2/12/"
30.0'
.XPENIII Tn! TO'rALI POSTAOI
30.0' .
.............
IU8_TarAt
200.00 ..
..-........------------------..---....--..---..............-----....-...._----_......._~.._-...._.._..__...._----..-----_.._..__.._--
... CUlctt IltPENII' ...
DIICI\IP'1'IOH DO'\'ll CIIICIC' AHOUIrJ
lfIN CUKBIIUAltD POLIC. Din. 9/1:1/U 22149 lS'~Ol)
UIUWR4ITY HOSPITAt '/H/" ,H9S1 21."
UlfIVlUl1lY HOSPI'l'ALB 10/0J/U HUO 1.50
UNJVDlI1"I ,INllelAHI 100U/ll 2.))011 '.'0
RCC 1/0)/91 24581 20.12
uNlVlltlITV HOSPITAL 210~,toJ1 251()1 1.15
.11 .......
An'JllllJ , /toVllttr, v.e.
.. CNJI:!/I\f.:COLJrl'!'ltllJ IU::lJlli'1'~ll ..
PREl'AR~DI 2/12/90
,U.8 HUHbEll............. '6Hi)
I'MI'
Cl.IIN'f.................1 POZIt!H8)(I, .ItA'l'IlLEIl:H
R_________________.______________._________.____..___________________________________________________
UHIVIRIIITY tlcdVITALS 3/04/97 HU8 7. ~Q
UH IVIR8 1'l'Y PIlYDlcIAHB ]/Oe/'7 Hen 7. ~o
UNIVERSITY 1I0fIPITALB 3/2e/'7 2~'6It 1.~o
WIlT sHOIUI IHXnOI!:NC'Y ~/14/fJ7 26822 1~.OO
IDWAIlDQ P. 8CIIWJr:NTklm, H.O. 8/14/97 2UU 2~O.OO
RlCORDIX BI!:/lVtcU, IHe 8/14/97 2UU 11.04
RKCORDIX UIWICIlJ, tHe 11/12/fJ7 29861 9.ao
PROTU or CUH/JIIU.AIID COUjfI'Y 11/13/91 29897 .~.50
BIIERI" or CUMDERLAND COUHt'Y l1/lJ/n 29898 100.00
............
SUB-Tcn'AL 541.:16 ..
............
TOTAL IXP!HfJE:B 741.26 ...
RECEtPTD
.....
.....
HOURCI
SHID.t,r or CUMBERLAND
RlABON
DAn
12/24/97
AMOUNT
61.4a
--
RlCBtPTS TOT.\L
61.46
............
RECIIPTS AJiD OISBURBIHENTS TOTAL..
679.80-
--------------------------------------------------------------------------------------------.-------
'1 BHD or rILl ..
,
.
CHRONOLOGY OF ACTIVITY AND ATTORNEY TIME
KATHLEEN POZIEMSKI for JOHN CRAWFORD
D/A 08/24/96
~
DATE DESCRIPTION TIME
09/04/96 Initial client interview at Mrs. Poziemski's homo 2,00
09/04/96 Initial data request and letter of reprosentation 1.00
09/18/96 Receipt and reviow of Police Accident Report .30
09/18/96 Reviow lotter from State Farm/updato State Farm .50
09120/96 Telephone call from c1iantlreturn call .25
09/25/96 Review materials/bills etc. received from client .20
09/25/96 Letter to client .20
09/27/96 Reviaw bill from Capitol Healthcare - wheelchair .20
09/27/96 Letter to State Farm .20
10103/96 Memo to Paralegal/prepare summary of medical bills .10
10109/96 Letter to Allstate/first party payment summary .20
10/23/96 Review letter from State Farm .10
10/23/96 Letter to State Farm with updated medical records .20
10/23/96 Review denial of transport bill received by client .10
11/07/96 Telephone call with Allstate .20
11/11/96 Letter from Allstate acknowledging UIM .10
claim/enclosure. Affidavit of Residency
11/11/96 Letter to Allstate .20
11/11/96 Lettor to client with Affidavit .20
11/18/96 Letter to Holy Spirit Hospital .10
--
11/18/96 Receipt and review of medical records from Hershey .50
Medical Center
11/19/96 Letter from State Farm .10
11/19/&6 Letter from client with signed Affidavit and bills .10
137678/LAM
DATE DESCRIPTION TIME
11/19/96 Leller from Allstate .20
11/19/96 Letter to State Form enclosino medical records end .25
demand policy limits
11/25/96 leller from client with collection notice end latter from .20
Allstate denying transportetlon costs
11/25/96 Research transportation Issue 1.00
11/25/96 Memo to Paralegal re: medical research .20
11/25/96 Lellar to Allstate ra: transportation costs .20
12/02/96 Letter from State Farm .10
12/02/96 Attend District Justice Hearing In D.J. Clements
officas; meet with clientlmeet with Police Officer
afterward 2.00
12/02/96 Letter to State Farm .50
12/11/96 Second request letter to Holy Spirit Hospital for medical
records .10
12/12/96 Letter from Allstate re: transportation costs .10
12/12/96 Letter to client advising of Allstata decision .20
12/17/96 Letter from State Farm .10
12117196 Review medical research 1.00
1 2118196 Letter to State Farm with medical research and
discussion of injury .50
12119/96 Letter to Allstate with bill for transportation .20
01115197 Receipt and review medical records received from
POlyclinic Medical Center .50
01/15/97 Letter to client with recordslrequest update on John
.20
01/17/97 Letter to Horshey Medical Center requasting outpatient
medical records and bills .20
01/20/97 Bill from client re: Hershey Medical Centerlcall to
Horshey Medical Center .30
01/21/97 Telephone call to Hershey Medical Center .20
01/24/97 Leller from Stole Farm advising of Iimitslreview file .50
DATE DESCRIPTION TIME
02/24/97 Receipt and raviow of outpatient records from Hershey
Medical Conter .20
-
03/01/97 Letter to cliant requesting update .20
03/04/97 Letter from State Farm requesting update .10
03/04/97 Lettor to State Farm with updated records and stetus
.20
03/25/97 Memo to Paralegal re: update medical bill and
treatment summaries .20
03/27/97 Letter from State Farm requesting additional .10
information
03/28/97 Telephone cell with client re: updete .20
03/28/97 Letter to State Farm re: updete .20
04/02/97 Letter to Allstate requesting updated First Party
Summary .10
04/11197 Receipt and review of letter from Allstata with
summary .50
-
04/11/97 Memo to Paralegal ra: summary .10
05/02/97 Letters requesting additional records
(West Shore ALS, Kreamer Medical, Professional Home Health Care) .30
05/19/97 Receipt and review of West Shore AI.S racords .26
05/19/97 Letter to clientlstalllslcondition update .20
05/19/97 Letter to State Farm enclosing updated records .20
05/30/97 Telephono cell with client .20
05/30/97 Memo to the file .10
05/30/97 Letter to Harshey Medical Center requesting updated
medical records .10
05/30/97 Letter to Dr. Schwentker requesting report .20
05/30/97 Receipt and review of Professional Home Health Care
records .30
-
06/02/97 Letter to State Farm enclosing updated medical records .30
06/02/97 Memo to Paralegal re: prepare treatment summary .10
06/02/97 Memo to filo re: UIM claim .10
---
DATE DESCRIPTION TIME
06/10/97 Letter from State Form requests additional records and
report .10
06/24/97 Second reqllest letter to Kreamer Medical .10
07/15/97 Second request letter to Dr. Schwentker .10
07/15/97 Second request letter to HMC outpatient records .10
08/07/97 Receipt and review of Dr. Schwentker's reportlrecords .50
08/07197 Letter to State Form enclosing report/will forward
evalllation .20
08/12/97 Receipt and review of outpatient records from Hershey
Medical Center .30
08/12/97 Review file at Att"rneys' meeting .50
08/12/97 Letter to State Farm enclosing records and demand of
policy limit~ .20
08/29/97 Telephone call to State Farm .10
09/02/97 Telephone call to State Farm/will review .10
09/15/97 Telephone call to State Farm .10
09/16/97 Letter from State Farm requesting tort selection .10
09/16/97 Letter to client requesting tort salection and update .30
09/29/97 I..atter agent re; client's auto coverage .20
10/02/97 Fax from Allstate re: coverage .10
10/03/97 Letter from Allstatelhard oopy of coverage .10
-
10/03/97 Letter to State Farm with coverage confirmed .20
-.-
10/15/97 Letter from State Farm/will honor economic loss only .10
10/15/97 Draft Complaint 1.50
--
10/15/97 Letter to client with Complaint .20
10/28/97 Telephone call with client/re: status/Complaint .20
10/28/97 Memo to file .10
10/28/97 Memo to Paralegal re: additional medical research .10
---.
10/28/97 Letter to Hershey Medical Cenler requesting updated
olltpatient notes .10
11/06/97 Received Complaint and Verification finalize .50
- ....
DATE DESCRIPTION TIME
11/13/97 Comploint flled/letter re: service .20
11/13/97 Letter to State Farm enclosing Complaint .20
11/20/97 Letter to Prothonotery .10
12/02/97 Letter to Hershey Medical Center requesting edditional
records .10
-
12/15/97 Sheriff's return .20
12/18/97 Letter from defense counsel/Entry of Appearance and
Defendants' Discovery .30
12/20/97 Plaintiff's Discovery to Defendants .25
12/29/97 Receipt and review of additional medical records 'rom
Hershey Medical Center .20
01/02/98 Received Deposition Notice for 02/11/98 .10
01/02/98 Letter to client enclosing copy of Deposition Notice .10
01/05/98 Request for Driving Record to Defense .20
counselldiscovery
01/06/98 Received Defendants' Answer With New Matter .20
01/06/98 Letter to Defense counsel closing updated medical
records; issua in case .20
01/06/98 Draft Reply to Answer and New Matter 1.00
~
01/06/98 Letter to client with Reply to New Matter and ,
Verification .20
01/12/98 Letter to Defense counsel with updated X-ray report .20
01/12198 Letter to Allstate enclosing updated records and
medical research on UIM claim .30
01/14/98 Letter from Defense cO\JI1sel/Nolice of Deposition .10
01/14/98 Letter to client with New Notice of Deposition .10
01/18/98 Letter to State Farm with updated First Party summary .20
,
01/18/98 Telephone calls with Defense counsel re: tender limits .20
-
02/05/98 Letter to Defense counsel confirming telephone call, .40
draft Affidavit
02/18/98 Llltter to Allstate/updat<.ld First Party summary .10
-
DATE DESCRIPTION TIME
02/23/98 Letter from Defense cOllnsel conlirrnlng tender and
enclosed release .30
02/23/98 Letter to client canceling depositionlupdate on tender .30
02/23/98 Receipt and review of updatod medical records from
Dr. Schwentker ,30
02/23/98 Letter to Allstate with tender .20
03/04/98 Letter from Defense counsel with Cowell Affidavit .20
-
03/04/98 Letter to Allstate with Affidavit/request consent to
settle .10
03/17/98 Consent to settle from Allstate and request for Joint
Tortfeasor Ralease .30
03/18/98 Telephone call to Allstate .10
03/18/98 Letter to Defense counsal with Allstate consent .20
03/18/98 Reqllest missing record from Hershey Madical Center .10
03/18/98 Letter to Kreamer Medicul reqllesting updated records .10
03/18/98 Review notes from District Justice Hearing .50
03/18/98 Telephone call to District JlIstice requesting name of
court reporter .10
03/30/98 Letter to Patrick Lauer ra: cOllrt reporter at District
Justice Hearing .20
04/07/98 Letter from client with bills .20
04/07/98 Letter to dient re: bills .10
04/10/98 Draft Petition for Court Approval 1.50
04/10/98 Draft Joint Tortleasor Release 1.00
04/15/98 tetter to client with draft .20
04/21/98 Fax from Allstate re: lIpdated medical records .10
05/06/98 Letter to client re: status .20
-
05/06/98 Telephone calls to Defense cOllnsel re: Exhibit .30
-
06/11/98 Letter from Defense counsel/Defendant's driving record .20
06/25/98 Fax from Defense counset with coverage .20
06/25/98 Telephone call to Defense counsel .10
-
.
DATE DESCRIPTION TIME
07/14/98 Fax from Defense counsel with coverage of .20
confirmation
07/14196 Finalize Petition 1.00
07/14/98 Letter to Allstate enclosing Petition and update .20
07/14/98 Letter to Court filing Petition .10
07/29/98 Order from Court setting Hearing .10
07/29/98 Letter to client enclosing Order .10
07/29/98 Letter to Allstate enclosing Order .10
07/29/98 Letter to Defense counsel enclosing Order .10
08/18198 Letter from Allstate re: UIM claim .20
06/18/98 Review expenses with Accounting Department .50
08/18/98 Review time record and activity logldraft Exhibit 2.00
08/24/98 Finalize Exhibits 1.00
08/24/98 Letter to Court w/Exhibits, Time/Correspondence and
Expenses .20
TOTAL HOURS 44.50
Activity and Time Log does not contain most time spent in telephone
conversations with client, counsel, Insurance companies and health care
providers. An estimate of 5 hours over the past two years would bo II
conservative estimate.
.
I
PENN STATE
;;
._.________m.__(; olle ~.C(,(~ic~~~i 11~ ......--------...-....---... -..--..
LJl1i\'~n,ily I lospillll , Childr~I1's Ilospillll
Th~ Millol1 S. H~rsh~y M~dkl1l ('~l1t~r
Ed\\Ul'lls P. SI,:hn....ulkl.'I., 1\1.1),
~klil\,'lIl Dirt:l.'I\H'
l!lli\l.'r~IIY Ih"pililllh'l1ahilitillitlll (\"1111.'1'
,
p,O, UII' K~11
U"r,ho), 1'""",)1,""1" 1711,1.\
17171 ~,1I.7.\12
August 4, 1997
Michael E. Kosik
Allorney at Law
Angino und Rovner, P.C.
4503 North Front St.
Harrisburg, PA 17110
RE: John CrawfOl'd
MSHMC# 302373
DOA: 8/24/96
DcaI' Mr. Kosik:
I'm writing in rcsponse to your leltcr to me of June 2, 1997 requesting a full and complete report
concerning my treatment of John S. Crawford.
I first saw this boy on August 24, 1996. He arrived in the Emergcncy Department of the Milton S.
Hershey Medical Center following a motor vehicle accident. I received the history that he had been
an unbelted front scat passenger of a sport utility vehicle and in the accident, the patient was
partially ejected from the vehicle. He was admilled to the trauma service of Robert Cilley, M.D.,
and I was requested to evaiu<lte his orthop<ledic injuries. I will confine my commcnts concerning
this p<ltient's injuries to his musculoskelct<ll injuries. I would refer you to Dr. Cillcy for a report
concerning the nl<magement of uny other injuries he sustained in this accident.
My clinical examination and by radiograph evaluation we determined th<ltthis patient hud sll:\tained
a fracture through the neck of the right femur. fracture of the right pubic bone of the pelvis, a
fracture of the ula of the S2 portion of sacrum. There were also fractures noted of the right 8th. 9th
and 10th ribs and of the left 9th rib.
I determined that the patient's pelvic fracture was stable and did not require interventional
treatment. The main orthopaedic concern was fructure of the right femoral neck. After the patient
was stabilized and <lfter appropriate consent h<ld been obtained, the patient was taken to the
operating room on the 24th of August. 1996 where the femorul neck frncture was stabilized with 2
cannul<ltr.d screws under x-ray control. During the remainder of his six day hospitalization he
recovered from his injuries in genemlto the point that he was able to ambulate with crutches. He
was discharged on August 29, 1996.
PLAINTIFF'S
J EXHIBIT
__L.
,\111 'l"ullll1('l'(llltlit\ , lit \ ~I ,11:.
Pagc 2
(RE: John Cl'llwfonl)
1 rc.cvalu(l(cd this paticnt on Scptcmbcr 12, 1996 in Ihc outpaticnt clinic arcn. His incision wns
found to bc hcallng wcllnnd his sutlll'CS wcrc rcmovcd. Hc was Instructcd in 3-pola\ crutch
ambulationto allow for minimal wcight bcariag oathc l'ightlowcr cxtrcmity. Hc was ncxt sccn in
thc orthopacdlc c1lnie on Octobcr 22, 191)6. Rndlogmphs Ul thattlmc showcd fructurc hcaling wcli
and Ihe screws to bc npprorl'iately placcd. The paticnt was instructcd that hc could progress to
weight bcaring as tolemte\ and discontinue using his cnllchcs whcn comfortablc. Hc was told to
avoid athlctlc activities fur six mOl'c wccks nnd to rcturn In six months for rcasscssmcnt.
Thc paticnt wus last sccn on April I. 1997. lit thatlimc his x-mys showcd a solid fracturc hcallng
of thc fcmornlncck! The two cannuhllcd scrcws rcmaincd in placc. Thcrc was no cvldcncc for
nvascular nccrosls of thc fcmorul hcad. Thc paticnt was givcnno physical rcstrictlons nt this tlmc
but was instructcd that he should rcturn In six months time for rcpcat films as thcrc was stili a
possibility that thc complication of avascular ncr:rosls of thc fcmOl'nl hcad might yct bccomc
apparent. Hc has not y(~t bccn sccn sim:c that April, 191)7 visit.
At this point In lime John Cruwford nppears to haw rceuvered from his fmctures that he sustaincd
in the mOlor vchiclc accldcnt of August 23. There Is still a possibility that he may havc suffcred nn
intcrl1lption of the blood supply to thc I:apltnl femoral cpiphysis, th~ ball of the ball and sockct joint
of thc hip. This Injury is a notuncolllmon complication of thc fructurc of thc fcmorulncck and
may not bc apparcnt for up 10 I 1/2 years following the fmcture. [I' avascular nccrosis should
occur, collapsc of the hone structllrc of thc fcmoral head can dcvclop with the mpid dcvelopmcnt of
thc disabling arthritis. Thcrc was no cvldcnce I'lli' avascular nccrosis seven months following thc
fmcturc and It is unlikely that this complicntion will devclop, but wc must wait for 18 months to bc
ccrtaln. If the paticnt docs not dcvelop nvasculm nccrosis, his prognosis Is cxccllcnt for normal
function. Thcrc is IIttlc IIkcllhood that h(~ would havc additional problcllls from his injuries for thc
remalndcr of his IIfc. IIis pelvic fmcturcs have hcalcd unevcntfully and thesc should causc no
scquelac cithcr.
[I' the patlcnt has the complication of avascular necrosis, thcn It is potcntialiy possible that damagc
to the hip joint nmy becomc quitc sevcrc that he would rcqulrc one or morc future operative
proccdures. Treatmcnt of avascular nccrosis of thc hip in this agc group Is best accomplished with
a hip fusion which may bc followcd in later lifc with a convcrslonto a total hip arthroplasty. The
surgical fce for a hip fusion is approximatcly $4600.00 nnd for a complcx total hip replacement, it
is over $7200.()(J. Additional costs would Include hospitalization charges, the cost of surgical
Implaats, and anesthesia fees. [would emphasizc oncc again that [ think It unlikely that the
complication of lIvasclllar necrosis is prcsent or thllt it wili devclop.
It Is my opinion, to II rCllsonllble dcgree of medlclll ccrtlllnty, thatthc injuries for which [ trcllted
this patient me dircctly rclated to the motor vehicle m:c1dent of AlIgus\ 23, 1996.
[ am II salllricd employee of the Penn Statc Geisinger Hell1th System lInd the Milton S. Hershey
Center. A1\ billing is IIccompllshed through our Professional Rilling office and I would IIsk you 10
contact them directly for any stlltements YOll require on charges generuted or pllyments made.
PE~NSTAn:
.-l/III'~;"'1l';;~~:i.'~:},~'!,~'::~I,::~, 1""""'"
') ha: 0\11111111 Sill:, \111.')- ,\lcdl~'i1ll'l.'llrl'r
PROGRESS REPORT
PEDIATRIC ORTHOPAEDIC CLINIC
TIlE PENN STATE GEISINm;R m:ALTH SYSTEM
CRAWFORD, JOlIN
MSIIMC# :102:17:1
May 19, J998
eBODLEM; Avascular necrosis, right hip.
ASSESSMEESlj This boy hod an avascular ntlcresis of his right hip complicating 0 fracture which
he sustained in August 1996. He is shoNing some progressive bony collapse, but his symptoms
actually are less today. He no longer has ths discomfert he had in the post after sitting for a while
and getting up. His gait is fail'ly Mrmalized, He has an excellent range of flexion and extension
from the 25 degree nexion contracture to full flexion, but little abduction, ond [)nly a jog of rotation.
I will continue to monitor him expectantly with the radiographs repeated in three months' time. He
is to continue to ambulate as tolerated. I am hopeful that this will stabilize to the point where he is
relatively symptom.free for many years,
Clinical evaluation and medical decision makiag described in this dictated note were perfermed by
me personally.
Dictated by:
.... - . ,:
::"'-,- ~. "11.'-',1/ / ",
. ",.' '..' .. ,( L 1. .', -,....
'.... ,,,~....f' ."<. ",,'~,o.{ '<"""");r;o;~"~'i .( "-
Edwards P. Schwentker, M.D. Y
P,'ofessor, Deportment of Orthopaedics and Rehabilitation
Medical Director of Rehabilitation
E PS/gee
0: 05/19/98 T: 05/20/98
co: Jerome Korinchak, M.D., 503 Bridge Street, New Cumberland,PA 17070
Michuel E, Kosik, Esquire, 4503 North Frent Street, Harrisburg, PA 17110-1708
File copy
,
MR 8.1 nlv. 8/98
PROGRESS REPORT
PENNSTNE
t __.._...... .__.. .~.____. _.'__ ._ ...__.__ n_" .. --,
., C.:IlIh:V~ lit' .\I~'dh':llll"
I)m~~r~ll) 111)'1'11,11- r1llldn:n\ I r,'~pl[,d
'Ihr.: J\ldlllll S, t1cr,hlt) ~ll,,'dll'lll (\:nrl'l
PROGRESS REPORT
Pk;DlA'l'IUC OIlTIlOPAEDlC CLINIC
TilE PENN STA'l'E GEISINGEH I1I~AI:l'II SYSTEM
CRAWFORD, JOHN 8.
MSIIMCII :10237:1
February 23, 1098
PRODLE:Mj Avascular necrosis, right hip,
ASSESSMENT: John sustained a fract.ure of the right femoral neck in August 1996, He has gone
on to develop avascular necrosis despite the internal fixation of his hip nnd its healing. Since the
last time we saw him, his symptoms remain fairly stable. He has had very little in the way of
collapse and hopefully, this will stabilizo with time. Ne other intervention is indicated at present,
but 1 weuld re-evaluate him again in three months.
Clinical evaluation and medical decision making described in this dictated note were performed by
me personally.
Didated by:
~,t4J,-I.:4i ~(~
Edwards P. Schwentker, M.D. y-
Professor, Department of Orthopaedics and Rehabllitatien
Medical Director of Rehabilitation
EPStcla
0: 02123/98 T: 02124/98
cc: Jerome Korinchak, M.D., 503 Bridge Street, New Cumberland, PA 17070
.--Michael E. Kosick, Esquire, 4503 Nerth Front Street, Harrisburg, PA. ~7110.1708
File copy
'I
MFl e.1 Aov. lII'.le
PROGRESS REPORT
.
PROGRESS REPORT
.j" u he/" I} k1-ttJ ( d
PROGRESS r,JTES (Include Name. Title)
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PROGRESS REPORT
.' . \ I ~, ;k:....~ "-.,~_. -.._..~ .,~ .
. , .
JOHN CRAWFORD, a Minor
by and through his mother
and natural guardian,
KATHLEEN POZIEMSKI,
Plaintiffs
1 IN THE COURT OF COMMON PLEAS OF
1 CUMBERLAND COUNTY, PENNSYLVANIA
1
1
1
1
1
1
1 NO. 97-6324 CIVIL TERM
1
1
1
V.
WILLIAM G. COWELL AND
WILLIAM II,COWELL,
Defondants
AND NOW, this
ORDER OF
a1~
COURT
day of JULY, 1998, a hear,ing on the
Petition for Approval of Minor's Compromise Settlement is
scheduled for Monday, August 31, 1998, at 10100 a.m. in Courtroom
# 5, Cumberland County Courthouse.
Plaintiff's counsel is directed to submit a summary of
services performed and hours expended in the pursuit of this
claim on behalf of minor plaintiff as well as a breakdown of the
coste and expenses for which reimbursement is sought.
BYt~
Edward E. Guido, J.
Michael E. Kosik, Esquire
For the Plaintiffs
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,
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JOHN CRAWFORD, a Minor by and
Through his Mother and Natural
Guardian, KATHLEEN POZIEMSKI,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
I.'
v.
CIVIL ACTION - LAW
NO. 97-6324 CIVIL TERM
~ I
'''i
"
WILLIAM G. COWELL and
WILLIAM H. COWELL,
Defendants
JURY TRIAL DEMANDED
!LlL.lL1LR
AND NOW, this
day of
, 1998, it
,.
,
I
is hereby ORDERED and DECREED that the petition of Kathleen
,
i
I
f!
I
I'
Poziemski, as parent and natural guardian of the minor, John
follows:
Crawford, seeking approval of the minor's settlement, is GRANTED in
accordance with Pennsylvania Rule of civil Procedure 2039 as
1. The settlement of the liability claims of the minor John
Crawford against william G. Cowell for the sum of $100,000.00 in
exchange for a Release, is hereby APPROVED as fair and equitable,
given the fact that it constitutes the payment of the limits of
liability covering william G. Cowell at the time of the accident.
2. The distribution of the settlement proceeds in the amount
of $100,000.00 is hereby directed as follows:
(a) Cash for the establishment of a
minor settlement account in
Members First Credit Union
$ 68350.00
(b) Angina & Rovner, P.C., legal fees,
reimbursement of costs expended
Expenses
29970.20
679.00
(c) Angina & Rovner, P.C., escrow
for expenses incurred in pursuit of
underinsured motorist's case
1,000.00
$100,000.00
TOTAL AMOUNT OP SETTLEMSNT:
3. Upon payment of the $100,000.00 the Petitioner, Kathleen
Poziemski, as parent and natural guardian for the minor, John
Crawford, is hereby authcrized to provide william G. Cowell and his
insurance company, State Farm Nutual Automobile Insurance Company,
a good and sufficient Release, discharging William G. Cowell, his
heirs, assigns, and insurance carrier from any claim, demand, right
or cause of action arising from the Injuries sustained by John
Cra~lford .
4. The claim against Defendant William H. Cowell for
negligent entrustment of the vehicle is hereby dismissed with
prejudice.
5. The Release attached to the petition is approved.
6. petitioner Kathleen Poziemski is authorized and directed
to discontinue with prejudice the action against Defendant William
G. Cowell upon payment of the above settlement amounts.
BY THE COURT:
J.
,
.JOHN CRAWFORD, a Minor by and
Through his Mother and Natural
Guardian, KATHLEEN POZIEMSKI,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUN'!'Y, P,ENNA.
CIVIL ACTION - LAW
v.
NO. 97-6324 CIVIL TERM
WILLIAM G. COWELL and
WILLIAM H. COWELL,
Defendants
JURY TRIAL DEMANDED
PETITION FOR APPROVAL OF MINOR'S COMPROMI~
SETTLEMENT PURSUANT TO PA, R.C.P. 2039
AND NOW, comes petitioner Kathleen PoziemsJd, as parent and
natural guardian of the minor Plaintiff John Crawford, by and
through hie attorneys, Angina & Rovner, P.C., and presents this
petition pursuant. to Pennsylvania Rule of Ci.vil Procedure 2039 and
respectfully represents:
1. petitioner Kathleen Poziemski is the mother and natural
guardian of the minor Plaintiff, John Crawford, and resides at 724
Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania.
2. John Crawford, the minor Plaintiff, was born on JanualY
24, 1982, and resides with his mother at 724 Bosler Avenue,
Lemoyne, Cumberland Count.y, Pennsylvania. He is currently 16 years
old.
3. Defendant William G. Cowell, a minor individu3.l, was born
on February 6, 1980, who resides at 128 16th Street, New
Cumberland, Cumberland County, Pennsylvania.
4. Defendant William H. Cowell, is an adult individual and
L,nO"N/LC..!
~
the father and natural guardian of minor Defendant William G.
Cowell, who also resides at 128 16th Street, New Cumberland,
Cumberland County, Pennsylvania.
5. The facts and occurrences upon which the cause of action
is based took place on August 23, 1996 at approximately 10:38 p.m.
at the intersection of 5th Street and Geary Avenue, New Cumberland,
Cumberland County, Pennsylvania. A copy of the New Cumberland
police report is attached as Exhibit "An.
6. At that time and place, Plaintiff John Crawford was a
right front seat passenger in a 1990 Ford Mustang being driven by
Defendant William G. Cowell heading north on Geary Avenue.
7. At that time and place, Defendant William G. Cowell drove
through a stop sign on Geary Avenue at a high rate of speed,
directly into the path of the Wintermyer automobile which collided
with the right passenger side where minor Plaintiff John Crawford
was seated.
8. The violent impact caused Defendant William G. Cowell's
vehicle to flip over onto its side and slide up onto the curb at
the north-west corner of the intersection.
9. Plaintiff John Crawford was pinned underneath the car as
a result of the automobile being flipped over onto its side and
suffered severe injuries set forth hereinafter.
10. Plaintiff John Crawford sustained painful and severe
2
injuries which include, but are not limited to, closed head
injuries, right femoral neck fracture, with the development of
avascular necrosis, right superiOr ramus fracture, bilateral
sacroiliac joint widening, small hepatic nerve contusion, multiple
rib fractures, pelvic fracture, femur fracture, and contusion of
the liver.
11. The insurance policy which provided coverage on the car
which Defendant William G. Cowell was operating provided a
liability limit of $100,000, as evidenced by the Declaration Sheet,
which is attached hereto as Exhibit "B".
12. Although not admitting liability on behalf of its
insu.red, State Farm Automobile Insurance Company has agreed to
tender its policy limits of $100,000.00 in exchange for a release.
State Farm does question the use of the proposed joint tort feasor
release rather than a general release and would like to preserve
this issue for resolution at the hearing in this matter.
13. A negligent entrustment claim was filed against Defendant
William H. Cowell who was the owner of the vehicle being driven by
his son and because Defendant William G. Cowell was only 16 years
old at the time of the accident.
14. Since the filing of the Complaint, Plaintiffs have
confirmed that Defendant William G. Cowell has a valid Pennsylvania
drivers license and had only one prior motor vehicle violation on
3
his driving record. Based upon this information and recognizing
the legal requirements of establishing a prime facia case of
negligent entrustment, Plaintiffs are agreeable to dismissing the
claim against Defendant William H. Cowell with the Court's
approval.
15. Plaintiffs have conducted a preliminary assets check on
property owned by William G. Cowell and have obtained an Affidavit
from William G. Cowell indicating that he had no other excess
insurancd which would provide coverage for this claim, nor does he
have any substantial assets. ~,Affidavit, signed by William G.
Cowell, attached hereto as Exhibit "CO.
16. petitioner Kathleen Poziemski, as parent. and natural
guardian for the minor Plaintiff John Crawford, by and through his
attorneys, Angino & Rovner, P.C., has determined that there is
underinsured motorist coverage through Kathleen and Paul
Poziemski's policy, which provides a non-stackable underinsured
motorist. limit of $100,000 per person through Allstate Insurance
Company on the date of the accident.
17. petitioner Kathleen poziemski, through her counsel, has
obtained the consent to settle from Allstate Insurance Company as
evidenced by the letter from patricia DiCello of Allstate dated
March 17, 1998 attached hereto as Exhibit "D."
18. Allstate Insllrance Company, although consenting to the
4
, --_..!- ....-.. ~ ,
settlement, have requested that the settlement be completed
uti li zing a joint tort feasor release which is attached hereto.
Allstate' B adj uster has advised that in spi te of this request,
Allstate does not plan to object to the underinsured motorist's
claim by raising an issue of exhaustion of coverage. See
Plaintiffs' counsel's letter of March 23, 1998 to Allstate's
adjuster, patricia DiCello confirming this understanding attached
hereto as Exhibit "E."
19. Petitioner Kathleen Poziemski has sought to protect any
potential claims against any health care providers for treatment
provided to the minor Plaintiff John Crawford by including language
to preserve said claims in the Release to be utilized in this case,
however, at this time, no medical negligence claims are known to
exist or are contemplated. See, at tached copy of the proposed
Release, attached hereto as Exhibit "F."
20. 'l'he minor Plaintiff John Crawford continues to receive
treatments and may require surgery in an ef fort to improve his
condition.
21. petitioner Kathleen Poziemski has retained the law firm
of Angino & Rovner, P.C., to prosecute this action and has entered
into a contingency fee with said attorneys, whereby the attorneys
are to receive, for professional services, 30,," of any amount
recovered before filing suit and 35\ of any amount recovered after
5
suit is filed.
22. In this case, a Complaint was filed against the
Defendants and oerved on 12/4/97, after which a tender of the
limi ts was received from State Farm Automobile Insurance Company.
23. Petitioner Kathleen Poziemski has agreed, subject to the
approval of your Honorable Court, to pay Angino & Rovner, P. C., the
sum of $29,970.20 as legal fees, which represents an attorneys' fee
of approximately $30%.
24. Angino & Rovner, P.C. has incurred expenses amounting to
$679.80 in prosecuting the action and obtaining medical records and
request recovery of those fees.
25. Angino & Rovner, P. C. would seek approval to escrow
$1,000 toward further expenses anticipated in the pursuit of the
underinsured motorist's claim against Allstate.
26. Petitioner Kathleen Poziemski had considered placing the
majority of the settlement proceeds in a structured settlement,
which would pay benefits on a scheduled basis, however, because of
current interest rates and the uncertainty of the minor Plaintiff's
future needs, which could substantially change, a structured.
settlement was rejected. because of its lack of flexibility.
27. Petitioner Kathleen Poziemski is considerin.g the
establishment of a trust and financial guardianship for the minor'
Plaintiff, which would permit more latitude in investments, which
6
would be available for investment of the minor Plaintiff's funds.
However, at the present time, petitioner is requesting that the
funds be placed in a Certificate of Deposit or Federally-insured
savings account with Members First Credit Union.
WHEREFORE, petitioner Kathleen Poziemski, as parent and
natural guardian of the minor Plaintiff John Crawford, requests
approval of the settlement, as set forth in the attached Order.
ae . Kosik, Esquire
I. D. No. 36513
4503 North Front Street
Harrisburg, PA 17110-1799
(717.) 238-6791
Dated:..h\.. /S', IH ~
r .
Counsel for Plaintiffs
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POLICE INFORMATION
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--. ILNCIDBN'l' II: 96-103
", MII:J~OtlDUlO liMB AOII~CY SEE NAHHA'rrvE
,- ,-__M ,,"CCIDBN'l' myru: Q8/24/96
~"~JiU"1't!^L lIACILlTV SEE NARRATIVE
1ijJ."PSOPLII It'l/OHHA'rIOtl 0 NNiB . AllU}tIHU' It I J " L "
ADCDIV
01 1 M 29 3 1 0 WILI,IAM H. WINl'ERMYER, 606 BE'.I\CXN HILL RD, NEW (U\1B. 3 9 9 B 9 1
- --
01 3 F 31 3 1 0 LAUREEN M. WINrERMYER, 606 BE'.I\CXN HILL RD.. NEW aMl. 3 9 9 B 6 1
- -
02 1 M 16 3 2 0 WILLIAM G. o::.wELL , 128 16'!l1 sr. NEW aMlERUIND 3 9 9 B 4 1
02 3 ~ 14 3 2 0 JOHN CID\WFORD, 104 CLARlcrON CXlURl'. LEM:>YNE 2 97 9 C 4 2
tU). lLLUlIlNATION 0 illi), WBATNB' ~ U. DIAOIU\J1
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DBTAILS, LIKS INStJRANCS INPORMATIOtl AltO LOCATION 0' Tawse VSIUCLSO, n KNOWN,
UNIT 1 WAS 'IRAVELIID WFSI' IN '!lIE 400 BrOO< OF snr ST. . UNIT 2 WAS 'IRAVELIID N:>R'IH IN
'!lIE 400 BLOCK OF GEARY AVENUE. BCIIH UNITS WERE APPROACI-lIN} '!lIE INI'ERSECrION OF snr ST. &
GEARY AVE.. UNIT 1 HAD N:> 'ffiAF'FIC CDNrnOL DEVICES CONI'ROLLIID ITS MJVEMEN1'. UNIT 2 HAD A
SlOP SIGN.
UNIT 1 smUCK UNIT 2 BROADSIDE IN TIlE RIGHI' rxxlR. '!HIS CAUSED A SERIFS OF EVENI'S
WHICH LED 'IO UNIT 1 SPrnNINJ AROUND 180 DffiREES AND <X:MIN3 10 RFSl' ON
'!lIE N:>ImIW&."T CORNER OF '!lIE INrERSECl'ION. UNIT 2 SLID SIDEWAYS OVER '!lIE CURB, 10PPLED A
SlOP SIGN AND CAME 'IO RES!' ON ITS LEF!' SIDE.
'!lIE PASSOOER IN UNIT 2, JOHN CRAWFORD, WAS PARTIALLY PINNED UNDERNEAnr '!lIE RIGHI'
SIDE OF 'nlE VEHICLE AND WAS EX'IRICATED WI'Il! 'IllE HELP OF CITIZENS wm HEARD '!HE ClASt!. '!lIE
OPERA'IOR OF UNIT 2, WILLIAM ro-IELL, WAS HELPED FRCM '!lIE VEHICLE BY '!lIESE SAME CITIZEllS.
'!lIE OPERA1OR OF UNIT 1, WILLIAM WINI'ERMYER, APPARENrLY 00l' our OF HIS VEHICLE wrrn:x.1l' HELP
AND HIS WIFE, UlUREEN WINl'ERMYER, WAS REMlVED FRCM 'IllEIR VEHICLE BY AMBULI\NCE PERSONNEL
WHERE S~IE REMI\INED DUE 10 PAIN.
CPL. SMEE ARRIVED FIRSI' ON nlE SCENE AND I ARRIVED SOON AFI'Ef.l. 'IHAT. WHEN I ARRIVED
MEDICAL AID WAS IN PRCGRESS WI'!ll '!lIE INJURED PARI'IFS AND I WAS UNABLE 10 SPEAK 10 '!l1EM AT
'!lfAT TIME. FIRE DEPAR'IMENI' PERSONNEL WERE ALSO SI1II3ILIZIID UNIT 2 AND DIS~ TIlE
-
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UNIT 1 N/A
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u,. 10'" 8 NO TBcI" U:III Td:J'r NO T'" COfI,Lnu
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--
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NUHUIUI DATU COPD 21 COON 4 7
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-
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17 . HAARATJVB
BA.TI'ERIES OF rom VEHICLES.
A:r APPROXIMl\:I'ELY 2257 fIRS. ~ELL WAS 'IRANsroRI'ED BY AMBULANCE 69 F'RCN 'IlIE DBFENSB
DIS'IRIBurION RIDlON EASI' BASB 'TO HARRISBURG HOSPITIU,. AT APPROXIMATBLY 2303 HRS. CRAWFORD
WAS 'llWlSroRTED BY NCID AMBULI\NCE 10 'TO HILLSIDB ELEMENI7\RY SCHXJL WHERE A Ll\NDoo ZOOE
WAS SlIT UP FOR LIFELION. CRAWFORD Wl'$ AIRLIFI'ED 'lO HERSHEY MEDICAL CENTER. AT
APPRO.'GMATBLY 2307 HRS. WFSr SHORE Ar-1BUI1\NCE SERVICE 'ffiANsroRTED '!HE WINI'ERMYERS 'TO OOLY
SPIRIT HOSPI~.
roIELL AND ms PI\RENrs CAME: BACK 'TO 'TIlE SCENE AT APPROXIMATELY 0030 HRS. ON B/24.
o:::wELL HAD BEEN 'IRE'A'I'ED AND RELFJ\SED F'RCN 'IlIE HOSPI~. CPL. SMEB AND I WERE JUsr LEl\.VIN3
'alE SCENE AND '!HE ro-IELLS JIJ3REED 'TO co.1E BACK 'IO 'lllE SThTlON so I OJUT.D SPEAK WI'll!
WILLlAM.
WILLlAM SAID 'IlIAT llE SlOPPED AT 'IlIE SlOP SIGN BUT DIDN'T SEE 'lllE OIlIER CAR
APPROAOIIN3. HE SAID 'IlIA'r WHEN llE DID SEE 'alE alllER CAR IT WAS CCMIN3 "SUPER FAST" AND
ESTIMATED ITS SPEED AT 65 'TO 70 MPH. WILLlJI.M SAID llE HIT 'IlIE ACCELERA'TOR 'TO GEl' oor OF 'IHE
WAY Bur IT WAS TOO LA'I'E. WILLIAM ALSO SAID 'alAT 'alE GillER. CAR WAS ONLY AOOUT 50 FI' AW.Y
WHEN llE SAW IT. '!HE NEXT 'IlIoo llE REMEMBERS IS 'alA'I' CRAWFORD WAS UNDERNEA'al HIM AND
~ HELPED HIM OUT OF 'THE ~nCLE. WILLIAM 'IlIEN lAID ON 'alE SIDEWALK UNTIL FIRE
DEk'l'/MEDICAL PEX:lPLE CAME 'TO HIM. BECAUSE OF 'alE CIRaMS17\NCES OF '!HE ACCIDENT AND MY
BELIEF 'IHAT ms ESTIMATION OF UNIT l' S SPEED WAS UNREALIsrIC, I PRESSED HIM ON 'alE roINr
'IHAT flE CAME 'TO A CCMPIEI'E SlOP AT 'lllE S'IOP SIGN. WILLIAM CONCEDED 'alAT llE "ROLLED"
'alROll'Jll 'alE SlOP SIGN BUT 'IHAT HE WAS 'IRAVELIN3 AT A Ia.1 RA'I'E OF SPEED.
WILLlAM SAID 'alAT HIS Ml\.JOR CCMPlAINl' OF PAIN WAS ffiCM lUS HEAD. HIS EI..B::W, FIN3ERS
AND mp HURT ALSO.
ON 8/24 I CXNI7\.CI'ED 'alE WllITERMYERS FOR 'alEIR VERSICtl OF 'alE ACeIDEN!'. MR. WlNI'ERMYER
SSI'IMA.'IID HIS SPEED AT APPROXIMATELY 20 'TO 25 MPH. AND flE SAID llE WAS I1.X)KIN3 S'IAAIGfi'
J\HEI\D WATOIIN3 'alE ROAD. llE SAID llE BElJAN 'TO LAmH AND ms I-IIFE ASKED WHAT llE WAS lJ\l.GIIN3
AT. 'a1EN SHE SAID "BILl" LCX.)K OUT" AND llE S'IRUCK 'alE GItIER CAR. HE SAID flE NEVER IU1'ICED
'IlIE HEADLIGHI'S OF 'alE GillER. VEHICLE AND NEVER HAD A OlANCE 'TO HIT 'alE BRAKES BEFORE
IMPAc:r. MR. WINI'ERMYER BELIEVES 'I1-lAT UNIT 2 DID IU1' SVlOP AT 'alE SlOP SIGN. AS S'I1\.'I'ED
EARLIER, UNIT 1 HAD N) 'IRAF'FIC Cl:lNrnOL DEVICES AND WAS ON 'IlIE 'alROll'Jll ROAOtIAY.
MR. WINfERMYER SUFFERED A STlf'F NECK, A BlMP ON 'alE LEIT SIDE OF 'alE HEAD AND A
BRUISE ON 'alE LEFI' 'alIGI. MR. WINTERMYER WAS KEPI' FOR OBSERVATION AT n:JLY SPIRIT
OVERN"mIT .
MIlS. WlNI'EI<MYER SAID 'alAT SHE ASKED HER HUSBAND WHA'r llE WAS LAU::n1IN3 AT. JUb"'I' AS tlE
BEGAN'IO SPEAK, SHE SAID "BILL, WATOlOUT" AND 'a1EN 'a1EY S'IRUCK 'alE GillER. ~lICLE. MRS.
WINrERMYER SAID 'alAT SflE SAW 'alE llEADLIGlrs AS IT WAS Em'ERIN3 'alE INI'ERSFXTIOO AND 'alAT
~m . - M1\C! .~..rr-n 1'1\<:'1' "'IR NRJ('"!' ~rI~n <:~m W1\<: ~lE ('l\~ 1\""
". VIOLATJONtl INOICAtiO 00. aaCTlON NUH8BRS I~NLY Ir CHAAQQD) TC IITC
-- Q.O __
Utllr l
-- -
UNU .) DO
~l"oDMr'=rlTm II:!.Y. ",IULr> _. 11:!.Y."~@'lY," i;!.y....UL." ~ ,..,""OS"OA'''O.
_ UIJI1 TW.'J'f 8 ." "'I' WID .,." . NO 1'1:)'1 COMIi'LI'rll
lJNJ1' 1 RlPUIJIl UNlr.) R.iItUIIS ~
UN1< [~ UNt( 'illS NO
-- -
Ii'JWII:2-~~
CHl'f'rHIt 'OR HIGHWAY SAJ'B'f't
'.
,.
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~
COMMONW/!Al:111 OF PHNNSYI,VANIA
PAil CON11NIfA 110N SllIiHT
6 OS-g--/I! J ~
@RIIIWR TO OVIUlLA't SHUTa
~UPORTABLD fXJ NON. klH10lnAlH.U 0
>>utlIfUQ'r uaw olll.V
It/CIDitIT 96-103 I ACCILlUNT 08/24/96 I coutrl''i I HUNICIPAL
troHBliIl VATII COOH 21 COD_ 407
~ URSON INPoRMATloN.uaw OV.liRLAY N~ lJUIIU'1' 110R (OfJlilJ
BCD II P a N.\M1l AI1P1UHHJ II I J " L H
--
-f-
I? twlRATIVB
'IHlli PEDPLE WERE AROUND 0IECKIN3 ON'lllFM.
MRS. WINI'ERMYER I'UIS 'IRFATED AND RELEASED FRa.! 'llIE HOSPI'I7\L '!llAT MJRNIl'l3. SHE
o::MPlAINED OF A llMP DEVELOPIN3 ON HER SHOULDER BLADE, A cur ON HER RIGHI' KNEE AND A
BRUISE ON HER WAIsr/S'I'CW\OI AREA F'RCt>1 '!lIE SEA'IDELT.
ON 8/25 I ASKED OFFICER SAM MJRGAN OF '!lIE LOWF.R ALLEN OOLICE DEPAR'IMENI' 'ill GIVE HIS
OPINION ON 'llIE rosSIBLE SPEEDS INVOLVED PRIOR 'ill IMPACT AND ANY OilIER OBSERVATIONS HE
CXlUlD MI\KE AFl'ER 'llIE FACr. OFFICER MJRGAN IS 'IRAINED rn ACCIDENT RECXlNS'IRUCrION. TO
stM-II\RIZE HIS OPINIONS, OFFICER MJRGAN FELT '!llAT BASED ON 'llIE I.O:CATIONS OF 'llIE VEHICLES
WHEN '!llEY CAME TO FINAL REST AND '!lIE MARKIN3S ON 'llIE RCJ.l\CWAY, 'lllAT WHILE UNIT 2 W1\S
'rnAVELIN3 FASTER 'lllAN UNIT 1 JUST BEFORE IMPACI' '!l1ERE WASN'T A SIGNIFICANI' DIFFERENCE IN
'!lIEIR SPEEDS. USIN3 TIlE ESI'IMATED SPEED OF UNIT 1 AS 25 MPH, OFFICER MJRGAN FELT 'llIAT UNIT
2 I'UIS 'rnAVELIN3 AT APPROXIMATELY 35 'ill 40 MPH PRIOR 'I'O IMPACT.
ON 8/25 I SOOKE 'ill KA'lHY roZIEMSKI, WU) IS JOHN CRAWJ..'URD'S M:JIlIER. .JOHN I'UIS STILL rn
'!lIE INrnNSIVE CARE UNIT AT HERSHEY MEDICAL CENl'ER. SIIE SAID 'lllAT JOHN HAD 'I'Oill HER sa<lE
'!lUN3S AOOlJI' '!lIE ACCIDENT AND I EXPIAINED '!llAT I 1'KlUl1) NEED 'I'O INl'ERVIE.W !-UM WHEN ms
CXJNDI'I'ION PEI1MITI'ED. MS OOZIEMSKI I'UIS ABLE 'I'O GIVE INFORMATION REUlTED 'I'O JO!-IN' S MEDICAL
CXJNDITION. JO!-IN SUF'FERID A CONCUSSION, BROKEN RIBS, FRI\CIURED PELVIS, BRUISED LIVER,
RECEIVED ::H'l'!CH&S IN !-US !-lEAD AND !-IAD A rosSIBLE TEAR rn HIS AOR'I7\. !-IE !-IAD ALREADY
UNDEro::tlE SUliGURI&S FOR HIS VARIOUS INJURI&S. OOZIEMSKI'S !-D:ME PHONE Nl.MlER IS 774-1947.
ON 8/26 I SOOKE 'ill BERNADETI'E K.CWIl.CZYK. KCWALCZYK I'UIS WALKIN3 HER C03 00 '!lIE GEARY
AVE. SIDE OF 522 4'll1 sr. AT 'llIE Tll-1E OF '!lIE ACCIDENI'. 522 4'll1 sr. IS l.()"'.ATED 00 'IlIE
SOOIlIEI\ST CORNER OF 'llIE INIERSECrION. '!llERE ARE N) HElXJES OR OIHER OBSIRUCrIONS rn 'IlIIS
AREA AND KCWAI.CZYK WJUlD !-lAVE HAD A ax:o VIE.W OF '!lIE INI'ERSECI'ION AT 'llIE TIME OF 'llIE
ACCIDENT .
KCWAI.CZYK SAID 'lllAT SIIE OBSERVED UNIT 2 CCMIN3 UP GEARY AVENUE AT WHAT SIIE CONSIDERED
'ill BE AN EXCESSIVE RATE OF SPF.ED. SIIE FELT'lllAT UNIT 2 MAY HAVE BEEN roIN3 OVER 40 MPH AS
IT PASSED llER. SHE REMEMBERS 'llIINKIN3 'IlIAT 'llIE DRIVER OF UNIT 2 I'UIS AN "IDIOT" AND SHE
'llUGrr "OH MY GOD, SW.-I rx:.wN". AS SHE I'UIS VISUALLY roLJ:.aorIN3 '!lIE PRCGRESS OF UNIT 2 S!-IE
OBSERVED UNIT 1 <XMINJ SWlLY UP 5'!l1 sr. K.CWIl.CZYK SAID '!llAT EVERi"IlIIN3 SEEMED 'ill HAPPEN
SO FAST AT 'lllAT mINI'. KCWAI.CZYK SAID '!llAT BIlE DID IDI' SEE 'llIE BRAKE LIGUrs OF UNIT 2
Ir..r.u-tIW\TE UNTIL IT WAS ENl'ERIN3 TIlE INI'ERSECTION AND UNIT 1 I'UIS ABOlTl' 'I'O HIT IT. SIIE SAID
'!llAT UNIT 2 DID IDI' SlOP AT 'llIE S"IOP SIGN.
ON 9/5/96 I sroKE 'I'O '!lIE PASSEN3ER OF UNIT 2, JOlIN CWIWFORD, AT HIS !-!::ME WllERE lIE IS
RECUPERATIN3 FRCM !-US ImtJRI&S. JOlIN I'UIS lJNABLE 'I'O REMEMBER AN'lIllIN3 DIRECI'LY RF.LI\TED 'I'O
'!lIE ACCIDENI' Bur WAS ABLE 10 GIVE DETI\ILS c:alCERNIN3 c:nIELL'S rosSIBLE STI\'m OF MIND AND
.~.;.lllI.EJ ~&SS DRIVIN3 00 3RD sr. JU&'T BEFORE TIlEY 'IURNID 0Nr0 GEARY AVENUE WlUQI WAS
, 'Tn'" UV"OT"""TP
d'. Vl~ION~ INDICA~8D ~O. SiCTI~N NUMBSRS (ONLY I~ CHARGDe) TC me
--
UNI'r 1 DO
--
UNa) DO
~ PltCBABLII r- 1(0). U:JUL'I':J W. i'RO,\B L8 @T1'''-r'ULlO ". I.vU'''"ATION
u,. 1'1I:J.'r I ~NoT.,.r U:JB TUT B Nt) TII:51 COHPLI'U1
UNIt' , R11I'Udll UNlt' J. RIIPU:JI ~~L
UNI< ..-_ n UNK Y"13 N~
PAmll~._..
CBN'ralf 'OR HIGHWAY '.\lI'rV
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(.'OMMONWlfAJ.111 OF PHNNSYI,VANIA
PAil (.'ON11NlfA'J10N SIIIiH'J'
l) 0< S-S- /1/39
@RIIUR TO OYIiIRLAY Blinn
JUl~OItTMLB CXJ tIOtl;RDfORTMLB D
PiNHOOT usa ONLY
WC[D.1lI' 96-103 l,\cCIUUtl'T OR 124 196 I courrrv I ~UtllCIPAL
HUHUDR DATU COD' 21 COD' 407
~ PURSON ItHlORHATIOII-UdB aVill:!"V III 811UUT 1I0R l'O(}lW ADORlla/J It [ , K L "
ABC 0 a p 0 HAHU
-
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n. tWllATlVB
'IHE CAUSE OF '!HIS ACeIDEm' WAS 'mE FAIWRE OF UNIT 2 'IO co.1E 'IO A a::MPlBl'E S'!OP AT
'mE srop SIGN AND YIEID 'mE RIGHI' OF WAY '1'0 CN-a:MnO '!RAFFle. IT IS MY OPINICN '!HAT 'IlIE
SUSPEcrED SPEED OF UNIT 2 AS IT WAS CROSSIN'> 'lHE INrERSOCTION aJNIRIBUI'ED 'IO 'lHE SEVERIT'i
OF '!lIE ACeIDEm',
.
,
,
. t. VIOt.A:tlON.s INDlCATID ,G. "CT,"H _.... "'HLY " CIIAllOlOI TC tlrC
VNlT 1 00
UNIT 2 00
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,MOBAaLB I \:I.lI.!"" lW ...uc'" ~ :!J,l ,"OAllCS IIoW 11.. Iul...uc.. ~ ~i.INV.SlIQATlON
~, un . TI:rf "'0 TI!J'f U:JI TU'f NO Tur COM'r....CIP
IJNtT\ l!iPUtJlI lJHIl' 2 U'U:JII '11:1 rxlNO n
lIHK lIHK
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currlR ,Olt HIQHWAY ..u1'1"1
@RIIPWR TO OVURLA'i' .1I....T5
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~
COMMONWllAL 11/ OJ! PIINMiYJ.VAi'IIA
POLICH ACCII JIlN1' SlfPI'I,IIMIIN1'AI,
... POI,ICB INFORMATION ACCID.l3NT TIMB & LO~TION ,
1.IUCIDIINT 96-103 9,AC:CIDwr 08/23/96 11.1 .lJAY OJ.' WlIWK FRIIlAY
HlJHIIIIR DATU
:I.MINCY NEW ctMBERI.lIND roLICE DBPI'. 11.TIHII 011 2238 l;l.tllJMIJUI( 02
""". DAY 011 UHITfJ
]. STATIONI NEW awlERLJ\ND 1,.:~~~OLOl/13 1)." I<ll.Idll 114," ,ftIJUIOHJ a.PkIV,P~l)P. yO 00
PRae lHcr ACCIOlltrr H
&,INVlltJTIQATOR IlADOU :lo.CQutrr'i <00'21
WILLIAM G. WFAVER 6 CU\1BERlll.ND
,. APPROVIIO UY DAD!)U :ll.HUHlCIPALIT,{~W aJv1BERLJ\ND C;ODIi
407
UNIT It: - COMPLETE ONLY INFORMATION THAT HAS CHANGBD SINCB ORIGINAL RBPORT
J6,LBOALL~ ~~IJ1.RSQ, I lit ,BTATU 51.0IUVIUt
PARKBD1 PLATR HAA.
J'. Ph TITLB OR &9.0RIVBR
OUT-Oi-STATK VIH AVORISS -
40,OWNlIR 60.CIT'{,flTA'ru
" ZI PCOOR
41.0WNIiR U,QIiX I'J.OATDOP Ii). PIIOHB
ADORIiI/JS BIRTIt
U.CIT't,BTA1'B Ii.;~ ~ V~II U. ORIViR I U .DRIVBR
" 11 PCOOH Y H CLMG ...
41. YBAA -, H,MAXS n.CAARIBR
45 ."oOaL~ (NOT T"""b 0 0 U.CAARIIiR
8r,lO't TYI'S) 'i tl UNI< AOORBsa
~BODY <to). ~PBCIAL ~ VIiHICLB U,CITY,STATB
T'tP1I UdAi'Ji OWNBRIlIII P " ZI PCOOi
(W INITIAL IMPAc:r ~VIiHICt.f1 tgI, TRAVU 70,U:lD01' If Ice ,. PUC "
PO I tn' STATUS SPUD
ifu).VBHICLIiI -cur. ORIVliR @~DRIVRlt \"llfVBH. I \W- CAAClO -
c=J 74.QVWR
GRADIBN'f PRB3BNClI CONDITION CONPIQ. BODY T'iPB
U.ORIVIIR I 51. STATB 7S.NO. OP I \[y, HAZARDOUS 17..BLIlASBnP HA~nAT
NVMBBR AXLU HATYRIALS yO N UHI<
'1. NARRATlVB . IDBUTIP'i PRIiCIPITATIUO SVIiN'rS, CAUSATION PA~~ORS, SBQUBUCB Olf BVBNTS, WITNB~S sTATBMBN1'S, AND PROVIO; ADDITIONAL
DBTAILS
...... I MADE AN ERROR ON 'IllE DAY AND DATE LISTED ON 'IHE REroR1'S. 'IHE ACeIDEm' OC'CURID ON
FRIDAY. 8/23/96 AT 2238 HRS. INS'TEAD OF SAWRDAY, 8/24/96 AT 2238 HRS. AS Em'ERED ill 'IllE
INITIAL REfORT. TIlE CAUSE OF '!lIE ERROR CEN1'ERS AROUND OUR SOIEDULE IN WHICH I WAS
SCHEDULED 'TO sroill MY SHIFT AT 2300 HRS. ON 8/23 BUr ON MY PA'ffiOL r.ro I WAS LISTED AS
~orking on 8/24/96.
,
,
/".IHVUTlO"UON COIInnll -
UI:JURANCII COMllml
INVORMATJON
Uf'4I1' -.-
,Of..U:V
.., NO mOO NOD
-
,OiPORTA>>LfI [X) tION.RIU'OH'rMLU D
PlIt-mUOT U/JII CHLY
PM8 _L._
CINTIR 'OR HIGHWAY .~t1V
I
..
.
o7/13/NL l-l '98 02t38pr'l74 Zl1~
STATE FARX CLAlk
P.33 ,.,UU
CERTIFICATE or COVERAGE
Th. undew.i9nod i. a Team KanI9.~ tor the StatQ ra~
Mutual Automobil. tn.urene.
Co~.ny ot aloominqton. ~w
Th11 cert1t1AB that pOlicy number GJ90-7e7-Eoa-3IL 003
.' Qoverinv a
1990 rod MU.tlnq
we. 1,sued to W~~li.m H. Dna Bonnie ~. Cowe~l I and
wal in etteot on the accident detR of 08-a3-1994.
ThQ coverav. and limit. at
liability for thi_ pOlicy on the data wire A 100/300/100. C, 10.000. D.
ll. !,J-DI !50/100J r 1500. Y 11000. W SO/100. Z. Limited Tort.
-
~:~!J/~f.i#ft: oJ---. ..
state of ~!nneYlvani.
_I
I n.
I
CQunty of York
8~b.~ib.d and .worn to bet~. me thil 9th day at ,~lY
, Year 1111ll
~~€ A~
.........:.::::.........
.0' '" ,: .'~ '..
My CQ:~~Qn::.#.ft~.1
~
'...~. ~ ~....
-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF or IJ. m ~ ~ ) (;\ t'L
SS.
I, WILLIAM G. COWELL residing at 128 16th Street, New
Cumberland, Cumberland Count y, penneyl vania, hereby SWEAR and
AFFIRM that the following informaticn is corre~t:
I, WILLIAM G. COWELL was covered by an insurance policy with
State Farm Mutual Automobile Insurance Company that provided
$100,000 in liability coverage afforded on policy number 639 0767-
I
E02-38L issued to WILLIAM H. COWELL which was in effe~t on August
29, 1996.
I, WILLIAM G. COWELL did not have any other automobile
insurance coverage that would be applicable to this accident, nor
was I covered by any othp.r additional policies of insurance,
including excess or umbrella coverage, which would provide coverage
for the accident on August 24, 1996, nor do I have any homeowners,
renters or excess liabi 1 ity cov'.; l"age wh i"h \,'oulri provi de coverage
over and above the State Farm Mllt4al Automobile Insurance Company
policy.
I, WILLIAM G. COWELL do hereby further state that I have no
substantial personal assets, bank accounts or securities.
127J4)/MM~
The facts set forth in the foregoing are true and correct to
the best of WILL~AM G. COWELL'S knowledge, information and belief,
I understand that this Affidavit is made subject to the penalties
of 16 Pa.C.S.A. Section 4904, relating to unsworn falsification to
authorities.
Sworn to and subscribed
before me this 2 f:JOh day
o~. ,"".
Notary Public
----...--..-'.. . '." ,.'- ..,.....-.-...
r "'I,'I'~~: i SI \-Jl
. "1. .u.' "","-"y F'LiO!jC
: \,11118f11 ,~"....,' "~. ':'-l'\ndCountl
~'X:"i'~,i;I:':i'~':.,f"1~:,:. ,,' ~'~'~~I'~';~~ lli, 20lJIJ
\,l::n't"r F'!nf'')~/;n~;:;;;GUlln or NI)t.Jr1.tl:!
052.1
Hbg, F a I: 111
MARUT CLAIM 0"1('
. '34' PUNK DillY': SUI'. .000
IIARllSBVla P4 I11U
PHON! NUMBER. 11M4o.?$OO
O"ICE If OURS: MONIlW.PRIIM V .,O~'JO
Allstate'
You'wt In IOOd handl,
March 17, 1998
MICHAEL E. kOSIK. ESQUIRI
4503 N FRONT STRlET
HARRISBURG fA 17110
All.tate Insurence Company
Clsim Number: 1552492421 B28
Our Insured: KATHLEEN KARlE POZJEHSKr
Oat. of to..: AUGUST 2S, 1996
R.: Jonathon Crawtord
Dear 1Ir. Kosie:
Pl.a.. be advi.ed that r con.ent to the propo.ed .ettle~ent ottered by State
Farm under tho Cowell .uto policy lor thl policy limits of $100,000.00 fOr Mr.
Crawford'. bodily injury claim.
I r'quI.t that you utili., I Joint Tort r..lor relel.e in thi. matter.
I do Sire' to wlive Our subro,stion riahts ovsr both William H. & Willia~ G.
Cowell in this und.rinaured motori.t matter.
I do reserve sll other policy det.n....
Sincere ly,
PATRICIA A. DICILLQ CCLA
Allstat. Prop.rty'Caluall, Claim S.rvice Oraani'alion
SM06/0/01/1
~
~
s
.
"
JOSEPII M. MElilLO
TERRY S. IIYMAN
DAYlD l. llJ17.
MICIIAEL E. KOSIK
PAMELA O. SIIUMAN
R1CIIAIID A. SADlOCK
Angino
It Rovner
NIJOlE Co Ol.'lON .
MICIIAEll. NAVIT5KY
JOSEPII M. OORJA
DUANE S. DARRICK
lAMES D.CINTI
DAVID S. WISNESKI
1.15T/;[) IN
THE BFST LAWYERS
-IN-
AMERICA
RICIIAIID c. ANOINO
NEil J. ROVNER
March 23, 199B
Ms. Patricia A, Dicello, CCLA
Claims Adjuster
Allstate Insur.ance Company
6345 Flank Drive
Suite 1000
Harrisburg, PA 17112
RE: Claimant: John Crawford
Your Insured: Kathleen Poziemski
Your Claim No.: 155-24924 21 K33
Date of Accident:Auqust 24. 1996
,
Dear Patty:
Please allow this letter to serve as a follow up to our
telephone converastion of March 18, 1998, concerning your fax of
March 17. I indicated to you that I was concerned over your
request for a joint tort feasor release, since I did not want to be
faced with the argument that ~Ie had not exhausted the liability
coverage for all of the motor vehicles involved in the accident.
It was my understanding that this was not your intention for
requesting a joint tort feasor release but to look into the
possibility of a claim against the driver of the other vehicle for
the purposes of subrogation.
I explained to you that I attended the district justice
hearing on the charges against the Cowell boy, and that based upon
the testimony that was presented at that hearing, both from William
Wintermyer and his wife l,auren, as well as the eyewitness
Bernadette Kowalczyk, I did not see any potential for a claim
against Mr. Wintermyer.
I will check and see if there was an actual transcr.ipt of the
district justice hearing, as ! know Mr. Cowell was represented by
counsel. I believe that this would help you in making a decision
as to whether subrogation may be a possibility against them. I
explained to you that given your assurance, I will go ahead and
l02433/DMR
4503 NORTH FRONT STREET. HARRISDURCI. PA 17110.1708
[71/) 23D.8/S1
FA-X (717) 2311-I810
Allstate Insurance Company
Attn: Ms. Patricia A. Dicello, CCLA
March 23, 1998
Page 2
file the Petition seeking court approval of
Cowell for the underlying liability limits
to that outcome.
the settlement with Mr,
and will advise you as
Should you have any additional questions, please do. not
hesitate to contact me.
MEK:mmp
rs,
,
~ TORTFEASOR RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That I, KATHLEEN POZIEMSKI, Mother and Natural Guardian, for
JOHN CRAWFORD, a minor (hereinafter referred to as "Releasor"), for
and in consideration of ONE HUNDRED THOUSAND DOLLARS ($100,000.00)
being of lawful age, and realizing that there is doubt and
uncertainty as to the nature and extent of the injuries, losses,
and damages, whether to person or to property, and realizing that
the operative facts are in dispute, do hereby f.or John Crawford and
his heirs, executors, administrators, successors and assigns
release, acquit and forever discharge WILLIAM G. COWELL AND WILlrIAM
H. COWELL, (hereinafter r~ferred to as "Releasees") and their
insurance carrier, agents, servants, successors, heirs, executors,
and administration from any and all claims, actions, causes of
action, demands, rights, damages, costs, loss of services,
expenses, compensation and all other consequential damages on
account of, by reason of, or in any way growing out of, any and all
known and unknown personal injuries or property damages resulting
from a motor vehicle accident which occurred on or about the 23rd
day of AUgUBt, 1996 at the intersection of 5th Avenue and Geary
Av~nue, New Cumberland, Cumberland County, Pennsylvania, including
specifically, but not limited to, all claims of any kind, character
or description which have been or may be asserted against the
129922/MMP
Releasees or their insurer.
The right is reserved to the Releasor herein to continue to
make claims against any and every other person or other entity,
including William H. Wintermyer and any healthcare provider which
may be responsible for the injuries and damages sustained by the
Releasor herein, together with the right to make the claim that
such other persons and entity, and not the Releasee, is solely
liable to the Releasor herein for any injuries, losses and damages
as hereinabove set forth.
It is UNDERSTOOD and AGREED that this settlement and Release
do not in any way release or discharge Allstate Insurance Company
or any other insurance company for any under insured motorist
coverage for which John Crawford may be entitled for injuries and
danger arising out of the above-referenced accident.
It is further AGREED in the event that Releasees are found by
judicial determination to be joint tortfeasors with any person or
entity in causing injury or damage to the Releasor, the Releasor
hereby releases that portion or share of the cause of action which
the Releasor has against the Releaaees and discharges any and all
damages attributable to the Releaseess in such cause of action,
without in any way discharging or releasing the portion of the
cause of action attributable to the non-settling tort feasor who has
caused inj ury to the Releasor herein. 'rhe Releasor does hereby
credit and satisfy that portion of the total amount of damages to
the Releasor which has been caused by the negligence, if any, by
the Releasees as hereinafter may be determined in future trial, and
Releasor does hereby release and discharge that fraction, portion,
and percentage of her total cause of action and claims for damages
against the Releasees which shall hereinafter, by future trial be
determined to be the sUm of that portion, fraction or percentage of
causal negligence as determined pursuant to the Comparative
Negligence Act of Pennsylvania (42 Pa. C.S.A. 7102(b)), for which
the Releasees are found to be liable;
And it is AGREED between the Releasees and the undersigned
Releasor, that if the claims of the Releasees and/or the Releasor
are ultimately settled against any and all other persons or other
entities accused of having been negligent or guilty of liability-
producing conduct, prior to the liability of said other pereons or
entities having been determined as a result of a verdict, that
Releasees will not seek contribution from any other such person or
entity. However, in the event that the liability of any and/or all
other persons or entities as established by a verdict of any court
of. competent jurisdiction, then the Releasees reserves the right to
seek contribution from any and/or all persons or entities whose
liability 1s thereby established to the extent that the payment
herein may exceed the percentage share of liability of the
Releasees herein released.
In further consideration of the aforesaid payment to the
Releasor for damages, injuries and claims of the Releasor, the
Releasor agree to satisfy any claim, judgment or award ultimately
, , , . I nil. """,,:,~ ..... ..
recovered by the Releasor or by any person or entity against the
Releasees for contribution or otherwise, by satisfying such
percentage of any claim or judgment against the Releasees as the
negligence of the Releasees bears to all the oausal negligence or
fault of all tortfeasors having liability by reason of this
occurrenoe.
It is the intention of the parties to this Release that this
Release be in accordance with the Pennsylvania law relating to the
Uniform Contribution Among Joint Tortfeasors Act in conjunction
with the Pennsylvania Comparative Negligence Act and shall
constitute a pro rata share release.
Any other language contained in this Release notwithstanding,
the parties declare that they intend to consummate a joint
tort feasor settlement that embodies the holding and reasoning set
forth in Charles v. Giant Eaqle Markets, 513 Pa. 474, 522 A.2d 1
(1987), and William H. Wintermyer and any healthcare provider shall
remain liable for the full amount of their proportionate share of
any jury verdict.
It is further UNDERSTOOD and AGREED that this is a settlement
and compromise of a doubtful and disputed claim and that the
payment of the consideration hereinbefore mentioned is not to be
cor.sidered as an admission of liability and such admission of
liability is expressly denied.
This Release contains the entire agreement between the parties
hereto and the terms of this Release are contractual and not a mere
recital.
Releasor, by execution of this Release, further acknowledges
that she has examined and read the terms of the within Release and
had the content and import explained to her by her counsel.
Releasor further acknowledge that she executed the within
Release of her own free act without reliance on representations of
any kind made by the Releasees, Releasees' counselor insurer,
other than the representations cdntained herein.
By execution of the within Release, Releasor warrants that she
is each over the age of eighteen (18) years, competent and sui
juris.
IN WITNESS WHEREOF, the undersigned has hereunto set her hand
and seal this day of / 1998.
CAUTION I READ BEFORE SIGNING
Witness
VERIFICATION
I, KATHLEEN POZIEMSKI, Plaintiff, have read the foregoing
PETITION FOR APPROVAL OF MINOR'S COMPROMISE SETTLEMENT PURSUANT TO
PA.R.C.P. 2039, and do hereby swear or affirm that the facts set
forth in the foregoing are true and correct to the best of my
knowledge, information and belief.
I understand that this
Verification is made subject to the penalties of 18 Pa.C.S.A.
Section 4904, relating to unsworn falsification to authorities.
WITNESS:
1
~/llj ,i', Ll.1 ) J( /1.(' ( " \/
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,~.t k11 LV---' '- I (, if ~ '1'1""-"--1.. '
KA HLEEN POZIEMSK
DATED:
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--'
CASE NO, 1997-06J24 P
COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF CUMBEBLAND
CRAWFOlllL1SJIIN ET AL
VS.
COWELL WILLIAM G ET A!.
...llMOTHY REITZ
CUM8ERLAND County, Pennsylvania, who
to law, says, th" within COMPLAINT
upon . COWELL WILLIAM G
defendant, at 1315;111111 HOURS, on thE' --1!Jl day of December
1997 at 128 16TH STREET
. Sherif! or Deputy Sheriff,o!
being duly sworn according
wall served
NEW CUMBERL~ND, PA 1707~
County, PE'nnsylvania, by handing to WILLIAM H.
CHARGE
a true and attE'sted copy of the COMPLAINT
together with NOTICE
and at the same time directing !:Lu.. at.tention to the contents there[)!,
---' CUMBERLAND
COWELL. ADULT IN
Sheriff's Costs;
Docketing
Service
Affidavit
Surcharge
18,00
10.54
.00
2,00
s~nJl~;.ra; . /..:;>~..
f ~~#,.(. ( .~~
R. Thomas KIlne. Sherl!!
$30.54 ANGINO AND ROVNER
12/1111/1997 ___ .~~
by d~/p .'
- D)'l'utT" er
Sworn and subscribed to beforE' me
j "t... 1 ,) /
t h 1 fl .~~ day 0 f fUi(......-w"-"
lCj.~..A.D.
~ * .
'- L<.. "h1 ' II, d ':!/5
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CASE NO: 1')")'/..0(,].>1 P
COMMUNWEALTII OF f'r.NN~,YI.VANIA:
':OllNTY OF CUMBERLAND
CRAW.fOfl.[1 JOHN ET AI.
VS.
~OWELL WILLIAM G ET AL
TIMOTHY REITZ
CUMBERLAND County, P~nnsylvania, who
to law, says, the within COMPLAINT
, Sheriff or o~puty Sheriff of
b~ing duly sworn according
was served
upon COWELL IU1.LIAM H
defendant, at 13.15:00 HOURS, on the --1.!;h day of D",cO?mbel-
1997 at 128 15TH STREET
the
flEW CLJMBER!-At{Q~ 17070
County, P",nnsylvania, by h'lI1ding to ~ILLIAM H. COWELL
a true and attested copy of the COMPLAINT
together with NOTICE
and at the samO? time direct1ng His attentlon to the contents therO?of.
,CUMBERLAND
ShO?riff's Costs:
Docketing
Service
Affidav..t
Surcharge
5.00
. '1)0
.00
2.00
So answf';;;:,;., /'" rr-Y/
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I .
R':-' Tho m ,iS1{T1'i1"e,----Sn e r 1 .
v8.00 ANGINa AND ROVNER
12/10/1997
by
._-/
,.J.
I.
Sworn and subscribed to b",fore me
~ .
this ID ,.' day of ilt..u.,....k--
19 'I -, A.D.
\..1..,.... /t.~'-'-'_.~.
----~ rothonotar~---
IIOLI' Ii. KI\OLL, IiSQUllIIi
Pa. Sup~~ Cou~t 1.0. No. 47243
R1iYNOr..os , JlAVAlI
101 Pine St~..at
P~.t Ottice Box 832
N.~~iabu~q, Pennaylvania 17108-0032
Telephone,
Fax,
[7171 236-3200
[717 J 236-6863
Atto~ney to~ Detendant.,
IIILLIAN Q. COIlliLL and IIILLIlIN H. COIlliLL
IN THE COURT OF COMMON P~EAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-6324 CIVIl, TERM
JURY TRIAL DEMANDED
PRAECIPE TO ENTER APPEARANCR
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
JOHN CRAWFORD, a Minor by and :
Through his Mother and Natural:
Guardian, KATHLEEN POZIEMSKI,
Plaintiffs
v.
WILLIAM G. COWELL and
WILLIAM H. COWELL,
Defendants
Kindly enter my appearance as counsel for Defendants,
William G. Cowell and William H. Cowell.
/:' ,
DATE: / 2/Ju/} I
By:
REYNOLDS " HAVAS
A Pro~es~ional Corporation
} , ; 7
1 ,/. // / ,/
I ~1 ///
R L
1.0. #47243
Attorneys for Defendants,
WILLIAM G. COWELL and
WILLIAM H. COWELL
101 pine Street
Post Office Box 932
HarriSburg, PA 17108-0932
. (717) 236-3200
. ~,
. ... '_4'1
. .
CERTIPICATB OP SERVICE
I HEREBY CERTIFY that I have served a true and oorreot
copy of the
record this
fo~ng document upon all counsel and parties of
--I-L ~day of -r>l t.. , 1997, by placing
the United states First Class Mail, postage prepaid,
t.he same in
at Harrisburg, Pennsylvania, addressed as follows:
Miohael Kosik, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110-1799
"
,
f),Ac_ y--. ~
11V~ra L. Hamm
,
. .
.
,
JOHN CRAWFORD, a Minor by and :
Through his Mother and Natural:
Guardian, KATHLEEN POZIEMSKI,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-6324
v.
WILLIAM G. COWELL and
\lILLIAN H. COWELL,
Defendants
JURY TRIAL DEMANDED
P RAE C I P E
TO THE PROTHONOTARY:
Please mark the docket in the above-captioned action
settled, satisfied, and
ended Wit~:~d~.~
~' ~l~:-, /
~Mi~ael E. Kosik, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
Date: ,~//~/Y7'
Attorney for PLAINTIFFS
'.
CERTIFiCATE OF SER~QD
I HEREBY CERTIFY that I have served a true and correct
copy of the
record this
the same in
foregoing document upon all counsel
~y of ---=:IlLV\ . ,
the united statesJFirst Class Mail,
and parties of
1999, by placing
postage prepaid,
at Harrisburg, Pennsylvania, addressed as follows:
Michael Kosik, Esquire
Angina & Rovner, P.C.
4503 North Front street
Harrisburg, PA 17110-1799
'f:#-
~bora L. Hamm
-
"
. .
ROLF E. KROLL. ESQUIRE
PA Attorney 1.0. No. 47243
REYNOLDS 1\ HAVAS
A Prot"ulolllJl CorplJruliolJ
101 Plno Slroot
Po", Offico Box 932
HlIrri,buru, PontlnylvlJniil 17108.0932
17171 238.3200
Attorney for Dolondunhi
WILLI.AM r,. COWELL and WILLIAM H. COWELL
JOHN CRAWFORD, a Minor by and :
Through his Mother and Natural:
Guardian, KATHLEEN POZIEMSKI,
Plaintiffs
IN THE COUR'l' OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTJ.ON - LAW
NO. 97- 6324
v.
WILLIAM G. COWELL and
WILLIAM H. COWELL,
Defendants
JURY TRIAL DEMANDED
NOTICE TO PLE~O NEW MATTER
TO: JOHN CRAWFORD, a Minor by and through his Mother
and Natural Guardian, KATHLEEN POZIEMSKI (PLAINTIFFS)
c/o their counsel,
Michael E. Kosik, Esquire
Angina & Rovner
4503 North Front Street
Harrisburg, Pennsylvania 17110-1708
You are hereby notified to file a written response to the
enclosed New Matter within twenty (20) days from service hereof
or a default judgment may be
en"zr.9jJt?J. <Y.>> /)
. c1< l J,?g/iY/
ROlJ E. KR LL .'
PA Attorney I.D. No. 47243
Date:
/ /ffJ/
'/
REYNOLDS & HAVAS
A Professional Corporation
101 pine Street
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for DEFENDANTS
ROLF E. KROLL. ESQUIRE
PA AllofflUY 1.0. No, 47243
REYNOLDS Ilo HAVAS
A PrOltllUiil)nll1 CurJ-lorllllllll
lOt Pino Sluwt
POMI Offlco Box 932
HurrilibulU, P,mntiylvlIflill 17108.0932
17171 236.3200
AlImnay 'll' Oohwdunt,
WilliAM G. COWELL and WilLIAM H. COWEll
JOHN CRAWFORD, a Minor by and :
Through his Mother and Natural:
Guardian, KATHLEEN POZIEMSKI,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-6324
v.
WILLIAM G. COWELL and
WILLIAM H. COWELL,
Defendants
JURY TRIAL DEMANDED
DEPENDANTS' ANSWER WITH NEW MATTER
~PLAINTIPPS' COMPLAINT
AND NOW, comes Defendants William G. Cowell and William H,
Cowell, by and through their counsel, Reynolds & Havas, a
professional corporation, to answer the Complaint of Plaintiffs
John Crawford, a minor, by and thorough his mother and natural
guardian, Kathleen Poziemski, as follows:
1. Denied.
2. Denied.
3. Admltted.
4. 23. Denied.
COUNT I . NEGLIGENCIiI
JOHN CRAWFORD v. WILLIAM G. COWELL
24. Paragraphs 1 - 23 of thls Answer wlth New Matter are
incorporated by r.eference as if set forth in their entirety,
25. Denied.
WHEREFORE, Defendant William G. Cowell demands judgment in
,
hl~ favor and against Plaintiffs, with costs of suit assessed to
Plaintif fs.
cmm~
JOHN CRAWFORD v. WILLIAM H. COWELL
26. Paragraphs 1 - 25 of this Answer with New Matter are
lncorporated by reference as if set forth in their entirety,
27. Denied.
WHEREFORE, Defendant William H.Cowell demands judgment in
his favor and against Plaintiffs, with costs of suit assessed to
Plaintiffs.
NEW MATTER
28. Plaintiffs have failed to state a claim upon which
relief can be granted.
29. Plaintiffs' claims are barred by the doctrines of
contributory and comparative negligence.
30. Plaintiffs' claims are barred by the doctrine of
assumption of risk.
31. Defendant William C. Cowell was confronted with a
sudden emergency not of his own creation to which he responded
reasonably under the circumstances.
32. Plaintiffs' claims are barred by the applicable statute
of limitations.
-2-
33. The named insured of the automobile insurance policy
covering Plaintiffs elected coverage under the limited tort
option offered under that policy in accordance with the terms of
the pennsylvania Motor Vehicle Financial Responsibility Law.
34. Plaintiffs' claims are barred in whole or in part by
the terms and conditions of the Pennsylvania Motor Vehicle
Financial Responsibility Law, Act of February 12, 1984, 75 Pa.
Cons. Stat., ~ 1701 ~ ~, as amended. Specifically,
Plaintiffs' claims for medical expenses and/or wage loss may be
barred in whole or in part by 75 Pa. Cons. Stat., ~ 1722.
Moreover, Plaintiff's claim for non-economic damages ma.y be
barred by virtue of an election of the limited tort option of
Plaintiffs' motor vehicle insurance policy.
WHEREFORE, Defendants William G. Cowell and William H.
Cowell demand that judgment be entered in their favor and against
Plaintiffs, with costs of suit
Date: IjM {l
No. 41243
REYNOLDS & HAVAS
A Professional Corpor.ation
101 Pine Street
Post Office Box 932
Harrisburg, Pennsylvania 17108.0932
(717) 236-3200
Attorney for Defendants
WILLIAM G. COWELL and
WILLIAM H. COWELL
".J
- 3-
VERIFICATION
I, WILLIAM G. COWELL, state that I am a defendant in this
action, and verify that the facts set forth in the foregoing
ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT are true and
correct to the best of my knowledge, information, and belief.
I understand that my statbments are made subject to 18 Pa.
Cons. Stat. ~ 4904, providing for criminal penalties for unsworn
falsification to authorities.
Date:
11h?/9i
/
~~ ~ ~)
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.~ . ..-:~; ;
WILLIAM G. wiLr
--
(3859)
:llB.BInCATION
I, WILLIAM H. COWELL, state that I am a defendant in this
action, and verify that the facts set forth in'the foregoing
ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT are true and
correct to the best of my knowledge, information, and belief.
I understand that my statements are made subject to 18 Pa.
Cons. Stat. ~ 4904, providing for criminal penalties for unsworn
falsification to authorities.
/J . /" .,..? rdy"
Date: A/'.;' -;.../ 't'//"
/:. (//
,/ ~ . , ~
<' ~ :./.......~~....~ # <".>(' A
WILLIAM H. COWELL
(3859)
I
,
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
foregoing was served upon counsel of record on January.e{ 1998,
i
by forwarding eame by United States First Class Mail, postage
prepaid, at Harrisburg, Pennsylvania, addressed as follows:
Michael E. Kosik, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110-1708
(Attorney for PLAINTIFF)
/'
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REYNOLDS & HAVAS
A Professional Corporation
(3859)
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JOHN CRAWFORD, a Minor by
and Through his Mother and
Natural Guardian, KATHLEEN
POZIEMSKI,
Plaintiffe
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
WILLIAM G. COWELL and
WILLIAM H. COWELL,
Defendants
NO. 97-6324 CIVIL TERM
ORDER OF COURT
AND NOW, this 31st day of August, 1998, it is
hereby ORDERED and DECREED that the Petition of Kathleen
poziamski, as parent and natural guardian of the minor, John
I
Crawford, seeking approval of the minor's settlement, is GRANTED
in accordance with Pennsylvania Rula of civil Procedure 2039 as
follows:
1. The settlement of the liability claims of the
minor, John Crawford, against William G. Cowell for the sum of
$100,000.00 in exchange for a Release, is hereby APPROVED as
fair and equitable, given the fact that it constitutes the
payment of the limits of liability covering William G. Cowell at
the time of the accident.
2. The distribution of the settlement proceeds in the
amount of $100,000.00 is hereby directed as follows:
(a) Cash for the establishment of a
minor settlement account in
to be placed in the minor's name in
Member's First Federal Credit Union
"
a federally insured account, said account to
be restricted so that no withdrawals
may be made prior to January 24, 2000,
without further order of this court,
proof of deposit into such account
shall be promptly filed of record
(b) Angino & Rovner, P.C., legal fees,
reimbursement of costs expended
Expenses
(c) Angino & Rovner, P.C., escrow
for expenses incurred in pursuit
of under insured motorist's case
$68350.00
$29970.20
$679.00.
$1,000.00
TOTAL AMOUNT OF SETTI,EMENT:
$100,000.00
3. Upon payment of the $100,000.00, the Petitioner,
Kathleen Poziemski, as parent and natural guardian for the
minor, John Crawford, is hereby authorized to provide William G.
Cowell and his insurance company, State Farm Mutual Automobile
Insurance Company, a good and sufficient Release, discharging
William G. Cowell, his heirs, assigns, and insurance carrier
from any claim, demand, right or cause of action arising from
the injuries sustained by John Crawford.
4. The claim against Defendant William H. Cowell tor
negligent entrustment of the vehiole is hereby dismissed with
"
prejudice.
5. The Release attached to the Petition is approved.
6. Petitioner Kathleen Poziemski is authorized and
directed to discontinue with prejudice the action against
Defendant William G. Cowell upon payment of the above settlement
amounts.
Edward E. Guido, J.
Micha.el E. Kosik, Esquire . ((Pf;!~1 LlJlldY/<adft. d.:.& ~.. '1'./' 9'.f"
For the Plaintiff. I, ,- ? /--
:lfh
,-
JOHN ClI.J\WF'orW, fA Minor by <lntl
'1'hrough hili MOIIII,'~' unci Natural
r;uru"dian, KATII/.mlN [JO?.tIlMSI<I,
P1nilltHtll
IN TIm COtJlt'l' Oil COMMON l'L.HAS
CUMUBRI.AND COUNTY, PENNA.
CIVII. AC'l'lON - [,AW
v.
NO, 97-6321 CIVlI. THnH
WIL.LIllM 0, COWI'l1.L and
WII,I.rllM H. C<.lW1H.["
nc!.tndants
Junv TRIAL DEMANDED
AND NOW, thill
I "ir\
!LIUI f1 R
day of ~
----.--------.---
, 1998, it
i9 hc:reby ORDIlRllD .llld DF.CRI;;ED tll.lt. !:tIC: l'ntiLior. of KaLhlliull
Poziemski, un l'"..mL illl.' oat.ut'al guardiA" of the minor, John
Crawford. 'H.'(.'k.ill~l i.1pproVnl or. the! nlnor'll ~(:t.t.l"'ll\ent. iH GRAN"r!;;D in
,W(,!Ox'dllnc,e with l'ennsyl"i;lnin Rule of c1,,11 Procedut.o 2039 us
follows,
1, Thc settlement of the lI11u'lrinsured motoriot' II claim of thfl
minoL', John crawf,'n.!, against AIIstilt,n Insurance Company fOl' the
sum of $100.000.00 in oJ(chang<> for a Release, is h"rehy APPROVED all
flljr O'nd equitable. given the fact that it constitutes the payment
01: the full lIndc.insured motorist" >; Umic available under his
mother's policy at the L i Ill" of the accident.
2, The distI'ihut: j on of the settlemont. procfileds in tho dlllount
of $100,000 00 is hereby directed as follow..,
(a) Cash for the cHtablishment of <l
Illinor Elet.tlement account in
/larris Saving3, TIll" iH"Cl)Ullt iR
l-estricted with no wit hdr/.\waiH uut il
thfl minor 1.11[11'" 18 all Janual'Y
~1. 2000, $ 70,000,00
(b), Anqino & ROVllfll', P.CO, leyal fees,
reimbul'llement ot COIH,n I1xpended
Expenlltols
30,000.00
TOTAL AJIlOUI'C'!' OJ' 9In'TLDDlNT:
$100,000,00
1
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.1, It i'l f\H'thtlH' directed thilt. AIlYlno ,. Rovm.'r will Hilum
t.he (!scrow ()(mt/llruld in Lhll prcv!ollfJ RH'I' I emell\, pUl'uUilllt. to thio
Court'c Order of AU'lUElt JJ. 1~911 to tho minor l'l\lint,iff tor depIJliit
in the pr(!viollul y-,u,ltabli'll""Hl u(:c:ount frJI:' t,h., minol ul'. Harrill
Savlnytl,
4, Upon paymnnL of the $100,O()(),OO lht! Petitioner, K\lthleclI
I'()~il.!mul~i, all purimL IIml ""t.lIr"l 9Uill"diiln tor. tho minor, ,John
Crawfor'd, .in IIl:n~hy ilutho('i",m) t.o provi<.lc Allstato Infllll,llICe
Company ..t YU(1(\ ilnd uU(fi,,!ont Re I1llWO , dillch'llyin9 AllHtiltc from
,illY turther lii;lbili.ty tor un<.lcrimiulHd m(llodnl'/J b{JncfiUJ under
t.htllJ" po Uey,
5. rt iEl Undfll"n,or,Il.l that this settlement in no way e(Cl!cts
All'ltate's "!JUgut ion to pay cont inuing and future medi c:~l expenses
rlt i~ing out of tl", motor vchicle accident dud whiGh would be
covered by their. Urot.p"rty medical L:ovftray,.!,
6, '('he Rcleaue ntt<'lchf:cl to lhO! Petition is approved,
lIY
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.
JOHN CRAWFORD, a Minor by and
Through his Mother and Natural
Guardian, KATHI,EEN POZIEMSKI,
Plaintiffs
IN THE COURT OF COMMON Pl,EAS
CUMBERLAND COUNTY, PENNA,
crVIL ACTION - LAW
v.
NO. 97-6324 CIVIL TERM
WILLIAM G, COWELL and
WILLIAM H. COWELL,
Defendants
JURY TRIAL DEMANDED
PROOF ...Ql.. DEPOSIT
In accordance with Pennsylvania Rule of Civil Procedure 2039,
attached is a photocopy of a Cel'tj,ficate of Application and
Disclosure issued on 10/5/98 from the Members Federal Credit Union
to Kathleen Poziemski for John Crawford, a Minor, as proof of
deposit of the settlement pr.oceeds,
No withdrawal can be made from any such account until the
Minor attains majority, except as authorized by a prior Order of
Court.
-,-",..--'
Date: 10/14/98
ll~07ij/MMM
" .'
Members.
I' EIlEIl^ I, ell EIlIT II N ION
CERTIFICA TE
APPLICATION AND DISCLOSURE
DO NOT WRITE ABOVE LINE
l!We hereby .pplV lor. Memb.r.1.t Certlflcata In tha MATURITY DATE: ()' III)~~<-)
.mount.nd tarm flstad balow. I ' _,- ,,,
, ACCOUNT" -+-L \ 2 '0'
Ple..a Print lJ/ III , I) _ -I,', (I r 1 SOCIAL ,C; . yo '()L
MEMBERS NAME: .J.JW1.JlliL~ 11'!!l,~~LIlJh[).,___ MLli1AUl-;il_lbJ'..LI~ SECURITY", '-"l:.:1:.1...!J. tkft.;'lo
~ ,. '
ADDRESS: .,.1J._':I___b~J..U.LAILL-_,_L___ CITY: __~,I}]!!y'''<:'__,o____ STATE: ~ ZIP CODE: I 70 '/3
HOME PHONE NUMBER: it)- " ,t)- 9,:l, lL WORK NUMBER: __.,_ _'_'o___
JOINT OWNER(S) NAME:
c:(;lEASE DEPOSITS h:), 3(1) -
o PLEASE TRANSFER S
CDA
IN THE FOllOWING MANNER
FROM ACCT. NO,
CERTIFICATE TERM
3 MONTH CERTlFICATI
6 MONTH CERTIFICATE
12 MONTH CERTIFICATE
18 MONTH CERTIFICATE
30 MONTH CERTIFICATE
4 VEAR CERTIFICATE
I VEAR CERTIFICATE
METHOO OF DlVIOENO OISPOSITION
PLEASE ACCOUNT
CHOOSE NUMBER
ON~
OESC, ACC
$ AMOUNT ABBR, COOE
3MO ' 8
21W 7
---~
lVR '8/22
IBM 9
30M 10
4VR 15
IVR 11
SUFFIX
OFFICE USE ONLY
ANNUAL
PERCENTAOE
VIELO
OIVIOENO RATE
SUFFIX I
1. 'f(
.,,'
1LQ...
. Oiv, Paid at Maturlly
Branch:
('rt/~
Employ..
~---
___ _,~ME ACCOUN~ ,OEPOSIT BACK TO CERTIFICATE (1)
,OEPOSIT TO SAVINOS ACCOUNT (2)
,OEPOSIT TO CHECKINO ACCOUNT (2)
,OEPOSIT TO INVESTMENT SAVINOS ACCOUNT (2)
,MAIL ME A CHECK (3)
/ /., ) f 'I 1 t 1(7-5'-("1[/
MEMBERS SIGNATURE: I 1/,\ III' L <. ,,-_.1L1u.!1.\,,d~c .Jrl,_ _, t:_',,-~:--Uu.!..lcL~L ('1, DATE:' _ __
Thl' I' 10 corllly Ihar Iho abova namod porson(s) are Ihe owners 01 a Ccrllllcale accounl 'I Members I Sf Foderal Credit Union, ThIS cerllllcale may be redeemed al melurlly, Tho
di,ldond rale and Annu,1 Percenlage Vield are shown above The Annual Percenlall' Vield 'nd dl,ldend rille assume Ihallhe dl,jdend I' added 10 Ihe prlnclpalollhe cerllllrAle,
This account 16 sub]nCllo alllorms and condllions st.lled In the Cerlilic,lltJ Account Disclosure, as they may be arT1ondotJ horn lime 10 lime, and Incorporale the sarno bV reference
Inlo Ihls agreumenl.
Dividendo are based on lha credit unlon'~ earnings alllll! and 01 a dl\lltlencJ period allll cilnnol ha ljlliJrill1llllld
A 'lllbst.mli.ll penal", IS IrnpoJOO If cer1lfiC,Jlti fWldU art! Withdrawn bl;fnr~ lnalwlty d,II\3. Tho penalty ml1vresulf In In"lJsinn of princinal when funds are withdrawn prior totha matlliry
d"le 01 Ih., cerllficata, The penalty 10' cortlllc.le, purch.1Sed belo,e Janu.", " 1996 will b.: It Ih. nml""lY nllha carllfic"la" mmalhon o"a year, Ih. lorfellurel, equal
!o 180dilYs diVidend, bl1sed on the dlv!dfJnJ r;Jte bfllllg paid un tlil? cerllflcllltlwh':!lher e,ullud or not. The fIJlh:ltlJr~ I~i c,llcu/nlcd nl the sunplolnlere,t rale being plld on the certificate
reomdhns c;t hQIN ,long the fund:l h,lI/a retl1illl1l~d III the accounl, The penalty '01 c.ertificales Ilu,chaS8d after December 31. 1994 will be: If the certificate is one yea,
orles~, thapenillty 1:1 i1lctfl.!llure of <Ill ammJllt elllHl1 to!]O rJill/S dIVlrh:llrl:i. bd:il]rj on tllll dlVldlJ!1(j r .ll~ bl.111lJ pilIIllltllhl! cotlflcilllJ whllthr.r cmllltd [( not. Thepenaltyfa cer1iftcafes
wltl\ m,1tuntlfis of more than ono reilr '101111 P.1llwlthp. dllfflrel1cr. bulwf:lm th,: nuw dlVIIJllIuJ r .1It) f!lf lhl) lerrlLlulllllJ PtHI!)IJ IJI 11m!) ilnd thl} €X1Sllny cortlficale dividend rate diVIded by
3G5 mliltlplied by the f,ICS valul! I) the Cl~rhfl(:,ltd ilnd rlHlltlpllml by UII) IHllnbl.'lUf dilY'i 11;llltlllllll(j l)ll th!! I!XI'itlll\) cj-~rlillciltj-J 111lJ flllillllllml plmnlty WIll tJe the greater oflhls tCfOlJltl
I." shlJWn belowi or $25.00.
Penallv ' (New Rate' hlsllna Ral~l X Certificate Face Value X Days Remaining
365
ThO tlredlt union will give you ,111035120 UIIYS nohr.o prior to milllJrll~ Tht! Cl!rlillCLlIll will ilUhJl11i1l1Cillly ho renoworl for <1rHJlhor lorrn ilt Ihl! clll!ill 01 hwUntlss on lh.lnlllal matu,lty
dall) or malurltv dall) of any ronawallorm unlo~5 11.1.1 rOrlUIlllllHJ wllflln 5rjljllll (/) r:dhtndM dilV~1. Thl! r.lltl 01 eilrf\jn(I~1 for illlY runawa! lorm ~hill1 ho <.Illhe ralll lho credit union I.
paying allhaf time on now r.orllflcalos 0' Ihallllrm
In Iho evant ollho dualh 01 1M Cllrllflcalo OWlIor, ilIa corlUll;,llll willllll 'iIJrf!t!\lli1tfHl wllho!l! II1c1rrrillljlllll cMly withllrdwal prHlally
MBRS l' 98,,35
Rev 06/98
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DHARRIS--. ~T"::- /\ 'RRIS
'0 SAVINGS BANK 1 lr1. i ','
, VirglniaSuttoll , , SAVIN(;S BANK
lOlllnlunlty Uanklng HcprC8en~U\'c
Camp Hill OUke, 1832 Mnrket Street
Camp Hill, Pcnnllylvunla i701!
717!761,44GlJ' 7l7!7lJl,4462 ~i\X
Calllp lIill Orne'l'
IH:l~ ~I,nkel Street
IIlIp llill, Pennsylvania 17011
'1l717lil"I,ltiO
.JHnuary 25, 1999
Mr, Michael E. Kosik
ANGINO & ROVNER
4503 North Front Street
Harrlsbnrg, PA 17110.1708
fiE: Kathleen PozlemskJ, Guardian for John Crawford Jr., Minor
Account #1000009003
Dear Mr. Kosik:
This is In reply to your letter of JanuQry 21,1999 (a copy of which is attached for
your convenience), Your concern Is appreciated, so please be assured that:
1. The above-referenced account is a restl'icted account and no withdrawals are
authorized until January 24, 2000.
2, A copy of Judge Guido's Order dated December 16, 1998 has been included In
the account filc.
3. The maturity date of thc Certificate Of Deposit Is September 2, 1999; however
no witbdrawal is authorized on that date, and the funds must be "rolled over",
per Judge Guido's court order,
4. The appropriate document in the account file and computer records have been
annotated to show the withdrawal restriction.
It is hoped thllt this letter is sufficient for your purposes, Should you have any
questions, please do not hesitate to contact me at 717-761-4460,
Sincerely,
11 MPjt'..:.1. )~J/bvv
Virginia Sutton
Community BankJng Rep.
~
,
.'
, ,
ANGINO & ROVNER, P.C.
4503 NO.RTH PRONT STREET
HARRISBURa, PA 17110
L-
I
"
(717) ,23lHl781
.
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.,.~'"
r'
. ,
JOliN CRAWFORD, a Minor by and
Through his Mother and Natural
Guardian, KATHLEEN POZIEMSKI,
Plaintiffs
IN TilE COURT OF COMMON PLEAS
CUMBF.RLAND COUNTY, PENNA,
v,
CIVIL ACTION - LAW
NO. 97-6324 CIVIL TERM
WILLIAM G. COWELL and
WILLIAM II, COWELL.
Defendant.s
.lORY TRIAL DEMANDED
AND NOW, this
ORDER
day of
, 1999,
'l'his Honorable Court schedules a hearing on the Petitioners'
petition pursuant to Pa,R,C.P. 2039 for the withdrawal of funds
from the minor settlement account on
, 1999,
BY THE COURT:
.1,-
JOHN CRAWFORD, a Minor by and
Through his Mother and Natural
Guardian, KATHLEEN POZIEMSKI,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA,
CIVIL ACTION - LAW
v,
NO. 97-6324 CIVIL TERM
WILLIAM G, COWELL and
WILLIAM H, COWELL,
Defendants
JURY .'l'RIAr, DEMANDED
o R D,...L.R
AND NOW, this
3t;/
, 1999,
~
day of
This Honorable Court hereby approves the Petitioners' request for
the withdrawal of funds from the minor's settlement account for the
purchase of a motor vehicle for the minor Plaintiff to provide
transportation to and from school, as well for the purposeH of
lool<ing for employment, The Court hereby approves the request up
to the amount of $ fiS-oo. D~ I ~ ~ ..;r C4- he ~
...,.4-t f"r" g r ...-l"'~ ~.
:;--.-~
J,
r:1 l~ ~J"('i ::. .:~r
(JI" ',"" : JrNW
99 ,JlJN - J 1'1~1 9: 05
CUMEitl1L/oJ 'U GOUN1Y
PENNSYLVANIA
~
"
JOHN CRAWFORD, a Minor by .md
Through his Mother and Natural
Guardian, KATHI.EEN POZIEMSKI.
Plaintiffs
v,
IN THE COURT Ot" COMMON PI/EAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
NO. 97-6324 CIVIL TERM
WILLIAM G, COWELL and
WILLIAM H, COWELL,
Defendants
JURY TRIAL DEMANDED
PETITION TO WITHDRAW FUNDS FROM A IUNOR' S
SETTLEMENT ACCOUNT
AND NOW. comes petitioner Kathleen Poziemsl<i, as parent and
natural guardian of the minor Plaintiff John Crawford, by and
through his attorneys, Angino & Rovner, P.C,. and presents this
petition pursuant to Pennsylvani.a Rule of Civil Procedure 2039 and
respectfully represents:
1, petitioner Kathleen Poziemski is the mother and natural
guardian of the minor Plaintiff, John Crawford, and resides at 25
North 17th Street, Camp Hill, Cumberland County, Pennsylvania,
2. John Crawford, the minor Plaintiff, was born on January
24, 1982, and resides with his mother at 25 North 17th Street, Camp
Hill. Cumberland County, Pennsylvania. He is cUrI'ently 17 years
old,
3, This Court previously was presented with two Petitions
f.or Approval of a Minor's settlements, which were approved by Judge
Guido on Allgllst 31, 1998 and December 16, 1996. A copy of the
Courts Orders are attached hereto as Exhibit A.
l'\'JOll:"I/MMM
... ' ~ -.. - . .
4. The Sett lomont funds on behalf of the m.inor John Crawford
are currently being held by Members First Cred.it Union in the
amount of $68,350 and Harris SavIngs Bank in the amount of $71,000,
5. Your PetitIoner, Kathleen Poziemski on behalf of the
minor, John Crawford, is seeking permission from the court to
obtain an early distribution of part of the funds which have been
placed in a Certificates of Deposit.
6. The minor ,Tohn Crawford currently attends Camp Hill High
SChool which provides no bus transportation to the school. See
letter from Thomas J. Walton, Jr., Chairman of Student Services
dated April 15, 1999 attached hereto as ExhIbit B.
7, The minor's home is currently located 1 mile from the
school which distance creates a hardship given the injuries he
sustained in the accident and his continuing deteriorating medical
condition,
8, The minar, John Crawford. currently tries to obtain a
ride from his mother, however, this has not proved to be
satisfactory because of the different in time which she is to begin
work and the time which he is to be at the school for the start of
school,
9, The mInor, John Crawford, also does not have a means to
get home and has on numerous occasions had to walk which creates a
hardship for him given the condition of his hip.
2
10, The lack of transportation has also prevented the minor,
John Crawford, from seeking emploYment because he is limited to
places near his home,
11, petitioner would like to purchase a used car and is
requesting the approval of Your Honorable Court to wi thdraw between
$6,000 to $10,000 to purchase a car, A copy of John Crawford's
letter dated April 15, 1999 is attached hereto as Exhibit C.
12, petitioner, Kathleen Poziemski has no objection to the
Court approving the withdrawal of these funds, especially given the
fact that John Crawford will turn 18 in less than a year and have
access to the money at that time,
13, Petitioner, Kathleen Poziemski, as the mother of the
minor, believes that the purchase of the vehicle would represent a
good use of the settlement funds and is not something which she is
financially capable of purchasing for the minor,
14. Petitioner, Kathleen Poziemski, and the minor would ask
the Court to set up a hearing for approval of the funds and the
minor Plaintiff will obtain specific vehicles within the range of
the amount requested for the Court to consider at the time of the
hearing, Should the Court require any additional information, the
minor and petitioner will attempt to comply with any l'equestB by
the Court,
WHEREFORE, Plaintiff, Kathleen Poziemski and the minor, John
3
Crawford, request Your Honorable Court to establish a hearing to
consider the Petitioners' request for a distribution of part of the
proceeds of the minor settlement for the purchase of a personal
automobile,
chael E. Kosik, Esquire
I.D. 36513
4503 N, Front Street
Harrisburg, PA 17110
(717) 238-6791
Attorneys for Plaintiffs
4
JOlIN ClI.J\WF'OIW, II Minor by .1IJd
'1'hrough hili Mot/wE' unci Natural
r;ullrctian, KATlII,mlN P07.IIlM9I<I,
Plaint it to
IN TIm COUlt'L' 0[1 (;OMMON I'LBI\I3
CUMlIBIlIJ\ND COUNTY, PBNNA.
CIVI!. AC-rlON - [,AW
v,
NO, 97.6321 CIVIl. TllnM
WILLrllM (J, COWEl,L and
WIl,r.rllM H, C'OWELt"
De!endants
(b) Angina & Rovner, p,c., legal fees,
reimbllrsement of costE; expended
ExpeClucs
30,000.00
..-'
1998, it
JURY 'rRIAL DEMANDED
AND NOW, thill
I """
o Xl D. fL.R
day of ___~_,
is hereby ORDERBD and DECREED that the Petition of I<nthll!en
Poziemski, us parent and natural guardiall of the minor, John
Crawford, [l('eking approval oC the ,ainor's settlement:, i" GRANTI;;o in
accordance with I'ennsylvania Rule of civil I'rocUdul'C 2039 as
follows,
1, The settlement of the 1Illd(!rinsurcd motoriat':J claim of the
minor. John Crawford, i1gilinst I\llstato Insurance Company fot' the
sum of :;;100,000,00 in exchange for a Release, is hercby APPROVED aD
flljr and equitable, given the fact that it constituteo the payment
of the full lInderinsured motorist' IJ limit available under his
mother's policy at the time of the accident,
2, The distribution of the settlement. proceeds in the amount
of $100,000,00 is hereby directed as follow6:
(a) Cash for the establishment of a
minor sIlttlement account in
Harris Savings, This account is
restricted with no withdrawals until
the minor tunltl 18 on January
24, 2000, $ 70,000.00
TOTAL AMOUNT 0)1' SBTTLDlENT,
$100.000,00
3. It it! fUt'thcl' dil'ectcd th,lt Angtno & Rovnct' will rotun)
t,he escrow containod in the previOUll nett lemen~ PUI'lIUant to thill
Court'o Order of August 3J, ]990 to tho tn.\nor l'lilintiff tor dcpoBil
in the pr(!viouulY-.Hltal>liElhod account fot' the minor lit lIarrin
SavingB,
4, Upon payment of the $100,000,00 the Potj,tioner, Kathleen
Pozicrnol~i, au parent llnd lIaLural guardian for tho minor, John
Crnwford, io h'!L,t!oy iluthol'i2ed to provide Allstato InSlH'imcE!
Company II good and llufficiont Release, discharging Allstate from
.my further liabil ity for undcrinsured motorist's benef,its under
thair poLicy.
5, rt iv underntood that this settlement in no way ef fects
',lllltilte's obligation to pay continuing and future rnedicllI expenses
arisIng out of thE! motor vehicle accident and which would be
cover.ed by their firot-party mE!dical coverage,
6, The Release attached to the Petition is approved.
1I'i
.1,
JOHN CRAWFORD, a Minor by
and Through his Mother and
Natural Guardian, KATIILEEN
POZIEMSKI,
Plaintiffs
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
WILLIAM G, COWELL and
WILLIAM H, COWELL,
Defendants
NO. 97-6324 CIVIL TERM
ORDER OF CQ.!J.IIT
AND NOW, this 31st day of August, 1998, it is
hereby ORDERED and DECREED that the petition of Kathleen
poziemski, as parent and natural guardian of the minor, John
crawford, seeking approval of the minor's settlement, is GRANTED
in accordance with Pennsylvania Rule of civil Procedure 2039 as
follows:
1. The settlement of the liability claims of the
minor, John crawford, against William G. cowell for the sum of
$10~,000.00 in exchange for a Release, is hereby APPROVED as
fair and equitable, given the fact that it constitutes the
payment of the limits of liability covering William G. Cowell at
the time of the accident.
2, The distribution of the settlement proceeds in the
amount of $100,000,00 is hereby directed as follows:
(a) Cash for the establishment of a
minor settlement account in
Member's First Federal Credit Union
to be placed in the minor's name in
a federally insured account, said account to
be restricted so that no withdrawals
may be made prior to January 24, 2000,
without further order of this Court,
procf of deposit into such account
shall be promptly filed of record
(b) Angina & Rovner, P.c" legal fees,
reimbursement of costs expended
Expenses
(c) Angino & Rovner, P.C., escrow
for expenses incurred in pursuit
of under insured motorist's case
TOTAL AMOUNT OF SETTLEMENT:
$68350,00
$29970.20
$679,00
$1,000,00
$100,000.00
3, Upon payment of the $100,000.00, the Petitioner,
Kathleen Poziemski, as parent and natural guardian for the
minor, John crawford, is hereby authorized to provide William G,
Cowell and his insurance company, State Farm Mutual Automobile
Insurance Company, a good and sufficient Release, discharging
William G, Cowell, his heirs, assigns, and insurance carrier
from any claim, demand, right or cause of action arising from
the injuries sustained by John Crawford.
4. The claim against Dofcndant William II. Cowell for
negligent entrustmont of the vchicle is hereby dismissed with
prejudice,
5, The Release attached to the Petition is approved,
6, Petitioner Kathleen Poziemski is authorized and
directed to discontinue with prejudice the action against
Defendant william G. Cowell upon payment of the above settlement
amounts,
Edward E. Guido, J.
"
")'i,fhael
FO~he
:lfh\
E, Kosik, 'Esquire
Plaintiffs
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CAMP HILL HIGH SCHOOL
100 South 24th Strcct
CUl11p Hill, PA 17011-4()98
Coul1scling Dcpartmcnt
(717) 901-2551
FAX (717) 9()1-2614
Thomas J, Walton, Jr,
Chainnan of Student Services
,
April 15, 1999
To Whom it May Concern:
Re: John S, Crawford
25 North 17'h Street
Camp Hill, PA 17011
DaB: 1/24/85
John has asked me to write this brief statement regarding the bus transportation at Camp Hill
School District. John is enrolled and matriculating as an junior in good standing at Camp Hill
High School. Traditionally, Camp Hill has not and there are no plans for the school district to
provide bus transportation to and from the school. Students walk, drive personal automobiles or
are transported by parents to school.
April IS, 1999
Michael E. Kosik, Esq,
Angino & Rovner
4503 North Front Street
Harrisburg, PA 17110-1708
Dear Mr, Kosik,
I am writing in referral to my reque$t to take money out of one of my CD's that I
currently have at the bank. The reason thaI I 11m requesting to take money out of one of the
accounts is so that I have transportlltion to and from school. It is a burden for my mother to drive
me every morning because she leaves earlier in the morninglhan I do,
Currently my mother has been driving me to school but, it is not working because she
needs to be at work by a certain time I also have no transportation home from school. What I
have been doing is walking, which simply just is not working out for me because the pain that I
have in my right leg. Also for me to get a job so I do 110t have to depend on my mother for
transportation to and from a job. Once again I canl10t walk to II job bccallse of the problems with
my right leg.
I was hoping to buy a used car and pay it oIl' all at once. I am petitioning to lake out 6 to
10 thousand dollars. The reason that I am asking for this amount is because I want to get a
vehicle that I will not have any problems with. I appreciate your time and consideration in this
malter.
Sincerely,
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John S Crawford
VERIFICATION
I, KATHLEEN POZIEMSKI, do hereby swear and affirm that the
facts set forth in the foregoing petition are true and correct to
the best of my knowledge, information and belief.
I understand
that this verification is made subject to the penalties of the
Rules of civil Procedure relating to unsworn falsification to
authorities.
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Dated -:-ntCCf j ~, /99 C)
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K THLEEN POZIE KI
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YERIFICATION
I, JOHN,POZIEMSKI, do hereby swear and affirm that the facts
set forth in the foregoing petition are true and correct to the
best of my knowledge, information and belief. I understand that
this verification is made subject to the penalties of the Rules of
Civil Procedure relating to unsworn falsification to authorities,
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J POZIEMSKI
Dated: Ar l1, l'l.'i."t
1752/P_JM