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HomeMy WebLinkAbout01-03259 ," -~ ~ . ,j, i.' ~, ., c.. ' ~, ~, , .. ,JAN 1 4 2002 M-- MORGAN & MORGAN, P.C. BY: MELISSA MERRITTS RIVERA, ESQUlRE IDENTIFICATION NO. 70303 120 SOUTH STREET HARRlSBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER,RYANSNYDERand JESSICA SNYDER, Minors, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-3259 Civil CIVIL ACTION - LAW v. JURY TRIAL DEMANDED JOHN P. SULLIVAN and FRANK J. SULLIVAN Defendants ORDER AND NOW this day of , 2001, the within petition is approved, and is hereby ordered and decreed that the subject settlement is approved for the sum of $160,000.00, which shall be distributed as follows: A. $1,526.53 to Morgan & Morgan, P.C. to be used to reimburse it for advances made on behalf of Plaintiff; B. $40,000.00 to Morgan & Morgan, P.C. as compensation for professional services rendered; C. $45,960.08 to Jessica Snyder, which sum of money shall be placed in a federally insured interest be;rring savings account or other approved institution pursuant to 42 Pa. C.S.A. 2039 and payable upon Order of Court or when Jessica Snyder reaches majority. The account will be marked accordingly. Jessica's social security number is 201-72-4565. ~" ~ ,~'-'~ "" on' , .. . D. $46,059.60 to Ryan Snyder, which sum of money shall be placed in a federally insured interest bearing savings account or other approved institution pursuant to 42 Pa. C.S.A. 2039 and payable upon Order of Court or when Ryan Snyder reaches majority, pursuant to 42 Pa. C.S.A. 2039. The account will be marked accordingly. Ryan's social security number is 167-72-1582. E. $23,418.63 to Christopher Snyder, which sum of money shall be placed in a federally insured interest bearing savings account or other approved institution pursuant to 42 Pa. C.S.A. 2039 and payable upon Order of Court or when Christopher Snyder reaches majority, pursuant to 42 Pa. C.S.A. 2039. The account will be marked accordingly. Christopher's social security number is 175-68-7686. F. $3,035.16 to Donald Snyder, parent and guardian of the minors named in this petition, for medical bills paid out of pocket. Plaintiff, Donald Snyder, parent and guardian of minor Plaintiffs, is hereby authorized to execute a release to the Defendant and its liability insurance carrier on behalf of Jessica Snyder, Ryan Snyder and Christopher Snyder. BY THE COURT: J. , Il ~= ,. - '0'<"' ,~ ".~ .-.~" ~~'" ~ . ,,^-,,-"'-", --~'" "'''''"~ ,,' "0 v"""""',' '-<>""""" "-~ <' __'to'.", ." ,-'. . '", '.'..:.?j POST & SCHELL, P.C. BY: AMY L. CORYER J.D. # 82718 240 GRANDVIEW AVENUE CAMP HILL, P A 17011 (717) 731-1970 JUN22~ ATTORNEYS FOR DEFENDANTS JOHNP. SULLIVAN FRANK J. SULLIVAN DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 01-3259 v. CIVIL ACTION - LAW JOHN P. SULLIVAN and FRANK J. SULLIVAN JURY TRIAL DEMANDED Defendants. ORDER AND NOW this day of ,2001, upon consideration of Preliminary Objections in the Nature of a Demurrer of Defendant Frank J. Sullivan to Plaintiffs Complaint, it is hereby ORDERED that said Objections are granted. It is further ORDERED that Counts II, IV and VI of the Plaintiffs Complaint are dismissed and all Plaintiffs claims against Defendant Frank J. Sullivan are dismissed, with prejudice. BY THE COURT, J. - 0' ~_~_ "',d -~,~v,,'-,'~,'^'''' ,.", "-",,-__,~,~,""^;,~,~,, _;;,;. "L';", '~-'0""'~'-'''';~-''''('~~;':';':'- -", ' '-:~f ;'rr' ORIGINAL POST & SCHELL, P.C. BY: AMY L. CORYER !.D. # 82718 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS JOHN P . SULLIVAN AND FRANK J. SULLIVAN DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs, NO. 01-3259 v. CIVIL ACTION - LAW JOHNP. SULLIVAN and FRANK J. SULLIVAN JURY TRIAL DEMANDED Defendants. PRELIMINARY OBJECTIONS OF DEFENDANT FRANK J. SULLIVAN TO THE COMPLAINT OF PLAINTIFF IN THE NATURE OF A DEMURRER Defendant, Frank J. Sullivan, by and through his attorneys, Post & Schell, P.C., hereby asserts Preliminary Objections to Plaintiffs Complaint and avers, in support thereof, as follows: 1. Plaintiff, Donald Snyder, Individually, and as Parent and Natural Guardian of Christopher Snyder, Ryan Snyder and Jessica Snyder, Minors, filed an action in negligence against the Defendants on or about May 29,2001. A true and correct copy of the Complaint is attached hereto as Exhibit "A." 2. Plaintiffs Complaint was served upon the Defendants on or about May 31,2001. 3. The Plaintiff alleged in the Complaint that Defendant John Sullivan was the permissive operator of a vehicle owned by Defendant Frank Sullivan and that the Plaintiffs' injuries <' ~ .' = <_ r, _'J'"'~''' ""'"'.' ,,~. . ,_,,'h' -i ' - . .' '_'''','''Y'''~;.",~~''.a,,~'.,"', .- , '~:UY >:~ were due to "the negligence, carelessness and recklessness of Defendant" John Sullivan. See Complaint attached as Exhibit "A", '\['\[5, 11, 13, 18 and 23. 4. The Plaintiff further avers in his Complaint in Counts II, N and VI that the Defendant, Frank J. Sullivan, was negligent for "[a]llowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was an incompetent driver" and "[a]llowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was unable or incapable of safely operating a motor vehicle at all times material hereto." See Complaint attached as Exhibit "A", '\['\[14, 19 and 24. 5. Plaintiff purports to allege in Counts II, N and VI of his Complaint a claim of negligent entrustment against Defendant Frank J. Sullivan. 6. The Complaint is devoid of any factual allegations which could support a claim of negligent entrustment against Defendant Frank J. Sullivan. 7. Plaintiffs claims of negligence against Defendant Frank J. Sullivan, as owner ofthe vehicle being operated by Defendant John P. Sullivan, are legally insufficient. 8. Preliminary objections may be filed by any party to any pleading for legal insufficiency of a pleading (demurrer). See Pa.R.C.P. gl028(a)(4). WHEREFORE, Defendant, Frank J. Sullivan, respectfully requests this Honorable Court enter an Order sustaining his Preliminary Objections in the nature of a demurrer and dismissing Plaintiffs claims against him, namely Counts II, N and VI of the Plaintiffs Complaint. -~, ~'-~ -'Y ,",'=' <'"''''~ - ~~'" '-,,"0' ,-,,;";';~C_\' "";";H~,'~'~~-;';': ;Gc:-i<";:';'Ni.:;;'~j,'~"~'; '''';~;;{%iii'l.':'~ ,,~,', R Respectfully submitted, POST & SCHELL, P.C. DATE: ~ Qm~ 7- 0 (itJA AMY L. DRYER, SQUIRE Counsel for Defendant Frank J. Sullivan -& _'" ''',.'" - ",...,-, __, _', -' ~O, "0'" ,'"0",, "'~'.',"~ ,,,,_,, ,~,-s,"' --"-"~~\' ~-'<-i""~';-. ,&"" , "'''' _.,:0,* -d:~':-~1 VERIFICATION AMY L. CORYER, ESQUIRE, states that she is the attorney for the party serving the foregoing document; that she makes this affidavit as an attorney because she has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; that time is of the essence in the filing of this document; and that this statement is made subject to the penalties of Pa. C.S. 94904, relating to unsworn falsification to authorities. ~~ ;i Q~~~r~ AMYL. ORYER, QUIRE DATE: c. I, q /oJ -<" ~, . ."," '.' '",--' "'; -= "".i> ". ,-~ _,~~ "'n';.i;:,,':~-;'~/P<i~.'_c,,:'. - . ,_ CRRTIFICA TR OF SRRVICR I, Shany Semans, an employee of Post & Schell, P.C. do hereby certifY that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following addressees) by sending same via United States mail, first-class, postage prepaid: Steven R. Williams, Esquire 508 North Second Street P.O. Box 845 Harrisburg, P A 171 08-0845 DATE: (,//1/01 . fM~~ Shany Seman ,..'" ~"r'lfl~'ifu':; . ~O/~~/~O~~ ~~;44 (~{~.=l~t4.=lO IYIUKI.;l"""I'l & IYIU""I.;l"""N, t""'1..,. r'A'-'t:. tl~ MORGAN & MORGAN, P.C. BY: SCOTI W. MORGAN. ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG. PA 17101-1210 (717) 236-7959 ATIORNEYS FOR PLAINTIFF DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, 341 West IJ1' Avenue Apache Junction, AZ 85220, Plaintiffs IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. ()I - -3 :Lf' ~ CIV1L ACTION - LAW v. JURY TRIAL DEMANDED JOHN P. SULLIVAN 84 Broad Street Montgomery, PA 17752 and () (:" ~~.::: -., i !l"; , . . ',.. ( . ~.i: f:::' (, .. . '. .' .. : -.. ; .. - '.J ..' - FRANK J. SULLIVAN 1718 Josiah Chowning Way New Cumberland, PA 17070, Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR JUN 18 2001 16:00 7172317436 PRGE.02 ~"_.""""'~" ~...k~.llll W!a~~;h!'_",,,,,~~<i,,,,*;:~, . 05/18/2001 15:44 71 7231 7435 MORGAN & MORGAN, PC PAGE 03 TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 A VISa Le han demandado a usted en la corte. Si usted defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decodor a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usred puede perder dinero 0 sus propiedades u oeros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TlENE ELDINERO SUFlCIENTE DE PAGAR TAL SERVICO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~ JUN 18 2001 16:00 7172317436 PAGE. 03 ~ " , " ......'-"~~"" - ~,' .' , ,>~ --':~~ . t::JO/..LOI-'Ot::JJ. J.;:J; '+4 (J. '''::;.:1..1.14.;10 IVIUr:;:\,;li-lI'l 01 IYIUro;;OI-lI'l, r....... rI-ll.;lt:. t::J4 MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAlNTIFFS DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, 341 West 17'" Avenue Apache Junction, AZ 85220, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. CIVIL ACTION - LAW v. JURY TRIAL DEMANDED JOHN P. SULLIVAN 84 Broad S lIeet Montgomery, PA 17752 and FRANK J. SULLIVAN 1718 Josiah Chowning Way New Cumberland, PA 17070, Defendants COMPLAINT Plaintiffs, by and through their attorneys, Morgan & Morgan, P.C., hereby complain against Defendants and avers as follows: 1. Plaintiff is an adult individual, and parent and guardian of his minor children identified above and residing at the above address. 2. Defendant John Sullivan is an adult individual residing at the above address. 3. Defendant Frank Sullivan is an adult individual residing at the above address. JUN 18 2001 16:01 7172317436 PAGE. 04 . 06/18/2001 15: 44 71 7231 7436 .'. _I '1 J\lb;.,,~ - . . J...,' j ~ ~ ~" ; ',"' . ;;"'W4<t~'"mi!ilHR: MU~~AN ~ MU~~AN, ~G ;-A~t:. ~O 4. On or about December 25, 2000, minor Plaintiffs were passengers in a vehicle being operated by their mother, Donna Snyder, traveling north on Route 11-15 in East Pennsboro Township, Cumberland County, PA. 5. At the same time and location, Defendant John Sullivan was operating a vehicle owned by Defendant Prank Sullivan south on Route II-IS, and Defendant John Sullivan caused a coli ision with the Snyder veh icle, resulting in death and serious bodily injuries. 6. As a result of the collision, caused by the negligence of Defendants, individually, jointly and/or severally, minor Plaintiffs' mother, Donna Snyder, suffered severe injuries causing her death. 7. As a result of the collision, each of minor Plaintiffs suffered severe and disabling injuries, including but not limited to, injuries to their nerves, bones, muscles, joints and fascia, pain and suffering, mental and emotional distress, which are continuing. 8. As a further result of the collision, and the injuries to and death of their mother, which were witnessed by the minor Plaintiffs, each minor Plaintiff suffered severe emotional distress, which is continuing. 9. As a result of their injuries, the Plaintiffs have incurred medical bills for treatment, care, rehabilitation and transportation, and minor Plaintiffs may have suffered loss of potential earning capacity, and have suffered loss of life's pleasures and diminution of daily activities, which are continuing. 2 - JUN 18 2001 16:01 7172317436 PRGE.05 ~b/lb/~~~l 1~:44 111~jl14jb ~~ ,,;,,1, ~ -- -0'" _"",",,~-IPi'~' MUK~AN ~ MUK~AN, ~C PAGE 06 COUNT I PLAINTIPF. DONALD SNYDER PARENT OF CHRISTOPHER SNYDER v. DEPENDANT JOHN P. SULLIVAN 10. Plaintiffs incol'porate herein by refecence the allegations of paragraphs 1 through 9. as if fully set forth at length. 11. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Traveling at an unsafe speed; B. Failing to have his vehicle under proper control; C. Operating a motor vehicle while asleep; D. Failing to warn Plaintiffs of an unreasonable risk of harm; E. Failing to keep a proper lookout; F. Opecating his vehicle on the wrong side of the roadway; G. Entering the opposing lane of traffic without due regard to the rights and safety of oncoming vehicles; H. Violating state laws and local ordinances relative to the above allegations of negligence. WHEREFORE, Plaintiffs demand judgment against Defendant, individually. jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 3 JUN 18 2001 16:02 7172317436 PAGE. 06 . ~O/~O/~UU~ ~~.~~ 1....1~,J~f~,JO .," ., ' i j'IU"UHI'l O! jVIU"'..;l:I-'II'l, r..... ol.<1iIb '- "_ :,.'~0ilJ;m;.'I~I:!t~,; ri-l'..;l:~ t::l( COUNT II PLAINTIFF. DONALD SNYDER. PARENT OF CHRISTOPHER SNYDER v. DEPENDANT PRANK 1. SULLIVAN 12. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 13. Defendant owned the vehicle operated by Defendant John Sullivan, and granted permission to said Defendant to operate the vehicle at all times material hereto. 14. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should bave known that Defendant John Sullivan was an incompetent driver. B. Allowing Defendant Jobn Sullivan to operate bis motor vehicle when Defel\dant Prank Sullivan knew or sbould have known that Defendant John Sullivan was unable or incapable of safely operating a motor vehicle at all times material hereto. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 4 JUN 18 2001 16;02 7172317436 PAGE. 07 "'.~ l~,";~ ~ - ~ll,~' iiJ1.t.i6.icl~,.;',H"J'., '-"--"-'-"-,-,,,,,,~'-'.'" 06/18/2001 15:44 71 7231 7436 MORGAN & MORGAN, PC PAGE 08 COUNT III PLAINTIFF. DONALD SNYDER. PARENT OF RYAN SNYDER v. DEFENDANT JOHN P. SULUVAN 15. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 16. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Traveling at an unsafe speed; B. Failing to have his vehicle under proper control; C. Operating a motor vehicle while asleep; D. Failing to warn Plaintiffs of an unreasonable risk of harm; E. Failing to keep a proper lookout; F. Operating his vehicle on the wrong side of the roadway; G. Entering the opposing lane of traffic without due regard to the rights and safety of oncoming vehicles; H. Violating state laws and local ordinances relative to the above allegations of negligence. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 5 .~ JUN 18 2001 16:02 7172317436 PAGE. 08 . 06/18/2001 15:44 71 7231 7436 .," ' ",- ~",J '~ ;''''^''''''Wlii,,-~~.@l1\i=':: MORGAN & MORGAN, PC PAGE 09 COUNT IV PLAINTIFF. DONALD SNYDER. PARENT OF RYAN SNYDER v. DEPENDANT FRANK J. SULLIVAN 17. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 18. Defendant owned the vehicle operated by Defendant John Sullivan, and granted permission to said Defendant to operate the vehicle at all times material hereto. 19. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was an incompetent driver. B. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was unable or incapable of safely operating a motor vehicle at all times material hereto. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 6 JUN 18 2001 15:03 7172317435 PAGE.09 ~. . 05118/2001 15: 44 7172317435 "." ., ",,- ". bf, ~. ~~ _00, ,,~ ,:"':;o<~ MU~(;iAN Ii< MU~(;iAN, r'(; PAGE 10 COUNT V PLAINTIFF. DONALD SNYDER. PARENT OF JESSIE SNYDER v. DEFENDANT JOHN P. SULLIVAN 20. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 21. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, joindy and/or severally, including: A. Traveling at an unsafe speed; B. Failing to have his vehicle under proper control; C. Operating a motor vehicle while asleep; D. Failing to warn Plaintiffs of an unreasonable risk of harm; E. Failing to keep a proper lookout; F. Operating his vehicle on the wrong side of the roadway; G. Entering the opposing lane of traffic without due regard to the rights and safety of oncoming vehicles; H. Violating state laws and local ordinances relative to the above allegations of negligence. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, joindy and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 7 JUN 18 2001 16:03 7172317436 PAGE. 10 . 06/18/2001 15: 44 ~ --' , , ~:t,~" ~ ~ ''''''"""!,,,~,;;.-r+''''%'''''hljfji 7172317436 MORGAN & MORGAN, PC PAGE 11 COUNT VI PLAINTIFF. DONALD SNYDER. PARENT OF JESSIE SNYDER v. DEFENDANT FRANK J. SULLIVAN 22. Plaintiffs incorporate herein by reference the allegations of paragraphs I through 9, as if fully set forth at length. 23. Defendant owned the vehicle operated by Defendant John Sullivan, and granted permission to said Defendant to operate the vehicle at all times material hereto. 24. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Prank Sullivan knew or should have known that Defendant John Sullivan was an incompetent driver. B. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Prank Sullivan knew or should have known that Defendant John Sullivan was unable or incapable of safely operating a motor vehicle at all times material hereto. 8 JUN 18 2001 16:03 7172317436 PAGE. 11 ~c - -," "- , IVIUt'(l.;l~f'l & l"IUl"'(l..:l~f'l, i',-, , ~, "- '~I'1il~"Ja~~;,": ~bll~/4~~1 lO:qq flfL.:Ilfq.:lO I""'AI.:lt. J.~ . . WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. MORGAN & MORGAN, P.C. DATED: ~pi'ij' /~-, 2001 BY~~ S ott . Mor an squire A orneys for Plaintiffs 9 JUN 18 2001 16:04 7172317436 PRGE.12 ~b/1~/~~~1 lo:qq 11 Uj1/Qjb ~, ~ ~~ MU~~RN ~ MUKbAN, ~~ ";"< l" ,""" liIIuiIliJ;jl'~.~:, I-'Ai:l!:. U VERIFICATION Donald Snyder states that he is Plaintiff in this matter, and parent and guardian of minor Plaintiffs, and that the statements made in the foregoing Complaint are true and correct to the best Clfhis knowledge, information and belief. He understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. ~.it) (?, Sff:!~ Donald Snyder, Parent and ardian of Minor Plaintiffs --- JUN 18 2001 16:04 7172317436 PRGE.13 ~~t ','-" 1 '-ij'm!1i~Ifjj;jmliiiit!ilMllt~,~Thi~!'i.i~"-4;;"A;);d:1m'MiiK';' ":"'i'_'':-:,"'_'''b''~,"^@',~~lK7,,,,,,,i!el;',,"il!l'''$i~~!]:~m~..,@J.'<r;;;~,*"i$iijiiiw.\ill;*d.<;/l~ ,~. '~ I bll1lt!<ll:i1l'H.ill~iIP" - -'Ii 0 C:J 0 C s:: -n -, f~c: ~ !,,: ., I ni C.:! .--.. ;~ --:~ , ., ~_.::. r"_) "'- T~ en C:,-, .J r:= .. , , ,. ; - , , ., > ; . , C [\.,) -, ;-.:--:.. '. . :__n .. =< (51 -=:'l -< --"",_ 0"- ~ "~.~ <".~".,,""~..,;,' ,,' ,-"-,;.,~-,~,. ---,-. - ~ ,~.~ <-,..,~ ""~,- " '" . ", . '~,~~ .,~ "~ L """,, l"" iJ:','J POST & SCHELL, P.e. BY: AMY 1. CORYER I.D. # 82718 240 GRANDVIEW AVENUE CAMP HILL, P A 17011 (717) 731-1970 JUN 2 2 2001 ATTORNEYS FOR DEFENDANTS~ JOHN P. SULLN AN FRANK J. SULLIVAN DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 01-3259 v. CIVIL ACTION - LAW JOHN P. SULLIVAN and FRANK 1. SULLIVAN JURY TRIAL DEMANDED Defendants. ORDER AND NOW this day of ,2001, upon consideration of Preliminary Objections in the Nature ofa Demurrer of Defendant Frank J. Sullivan to Plaintiffs Complaint, it is hereby ORDERED that said Objections are granted. It is further ORDERED that .! Counts II, N and VI of the Plaintiffs Complaint are dismissed and all Plaintiffs claims against Defendant Frank J. Sullivan are dismissed, with prejudice. BY THE COURT, J. "n_ "~I b,,,,,,,,,~ ~ '.dii ~~l'tllili.llW"'."l.:\', POST & SCHELL, P.c. BY: AMY L. CORYER J.D. # 82718 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 JUN 2 2 2001rt ATTORNEYS FOR DEFENDANTS JOHN P. SULLIVAN FRANK J. SULLIVAN DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 01-3259 v. CIVIL ACTION - LAW JOHN P. SULLIVAN and FRANK J. SULLIVAN JURY TRIAL DEMANDED Defendants. ORDER AND NOW this day of ,2001, upon consideration of Preliminary Objections in the Nature of a Demurrer of Defendant Frank 1. Sullivan to Plaintiffs Complaint, it is hereby ORDERED that said Objections are granted. It is further ORDERED that .. Counts II, IV and VI of the Plaintiffs Complaint are dismissed and all Plaintiffs claims against Defendant Frank J. Sullivan are dismissed, with prejudice. BY THE COURT, J. . :~' t y,' t ~ i~ '~ I I \;- }' j ,':(' = ,. :R; '~ 1} I , ., !~ j f ~, 'f, 'T ., -~ f ,f.' ~ I , %1 ~ ~ I 1 l \ '>i'''',',';1h-<;;'jS1:,'if:i'p;ff):,',!;t;;I"i,1:::,i'''; ,,;;.8Gi!i'{tgj~,03.SLTj';Q+~(t?:""\t;,'~, ;<,~ ,] (,4 1 :1 ., ... ~,,' .... ... -.,..... C"'" '! .. 00 0 . It, ...., ....... . I ~ If!'"" ..... .... N . $ N OJ ~m'~ 8 .. .. . t'lle;) N ,lii~~ ! ~1:: ! t~ Nf'1 0- ft" '...'" '" .........."'N - ~,~- ..;> ~= [1)8 ~~ UI"l I"l~ z~ ~~ -<I"l ....= [1)[1) I"l-< "'= -<I"l ....'" 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U ~ ~ . 0) ~~~ o[!lI ,~> Q I.(J ;- 0 ~ f- <( ~ < [J) (lJo o a. l" '",~" , l.tl: e """-= .~ ~ ~ -= r~E 00-: ......... 0 = u)"cz) ~....: a"8 ..... = ,;:! 0 ...... -: ,....., u ........._ ;;::::(l)l.tl.c......: ~r/l~ <>6= . ~ x S :: P=:1io..o-: g Z ~.~ = >ooO<a-: e o~."'"' = t:l)l.tl_i-L-!_ ,<"w'" "',' ~'{i'!2:~ '0<z';i'!t?'~ffi),q~!f%R',;kff"~f;~~,~J~~j,:~~+,;w;.~?i:,t.::~~Yr;1;SW.<'J ,i ~ '.. h. ,; - ',-,"d '~~\ti;,. , MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, 341 West 1']'1' Avenue Apache Junction, AZ 85220, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 6/- -32-S?i ~ CIVIL ACTION - LAW v. JURY TRIAL DEMANDED JOHN P . SULLIVAN 84 Broad Street Montgomery, P A 17752 and FRANK J. SULLIVAN 1718 Josiah Chowning Way New Cumberland, PA 17070, Defendants TRtJE ("Opy FROM RECORO In T8Sl\lhOfty WIl8f8Of, I h8I'e unto set my bancl and thII of said at CaI1Ist8~Pa r hJ I NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR :,,,'~~ ~ . .', ~~"~ "<~' ~ ~~~~ ' TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la corte. Si usted defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plaw al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decodor a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERlGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 .'~' . - - -"~,~, ".""''',t: MORGAN & MORGAN, P.C. BY: SCOTT W, MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFFS DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, 341 West 1'J'h Avenue Apache Junction, AZ 85220, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. CIVIL ACTION - LAW v. JURY TRIAL DEMANDED JOHN P. SULLIVAN 84 Broad Street Montgomery, P A 17752 and FRANK J. SULLIVAN 1718 Josiah Chowning Way New Cumberland, PA 17070, Defendants COMPLAINT Plaintiffs, by and through their attorneys, Morgan & Morgan, P.C., hereby complain against Defendants and avers as follows: 1. Plaintiff is an adult individual, and parent and guardian of his minor children identified above and residing at the above address. 2. Defendant John Sullivan is an adult individual residing at the above address. 3. Defendant Frank Sullivan is an adult individual residing at the above address. L ~ < - = i , " "ie' 4. On or about December 25,2000, minor Plaintiffs were passengers in a vehicle being operated by their mother, Donna Snyder, traveling north on Route 11-15 in East Pennsboro Township, Cumberland County, PA. 5. At the same time and location, Defendant John Sullivan was operating a vehicle owned by Defendant Frank Sullivan south on Route 11-15, and Defendant John Sullivan caused a collision with the Snyder vehicle, resulting in death and serious bodily InJUrIes. 6. As a result of the collision, caused by the negligence of Defendants, individually, jointly and/or severally, minor Plaintiffs' mother, Donna Snyder, suffered severe injuries causing her death. 7. As a result of the collision, each of minor Plaintiffs suffered severe and disabling injuries, including but not limited to, injuries to their nerves, bones, muscles, joints and fascia, pain and suffering, mental and emotional distress, which are continuing. 8. As a further result of the collision, and the injuries to and death of their mother, which were witnessed by the minor Plaintiffs, each minor Plaintiff suffered severe emotional distress, which is continuing. 9. As a result of their injuries, the Plaintiffs have incurred medical bills for treatment, care, rehabilitation and transportation, and minor Plaintiffs may have suffered loss of potential earning capacity, and have suffered loss of life's pleasures and diminution of daily activities, which are continuing. 2 :..,,_n_~ " ....,. .~-~.~~ ~~ _I. . J h,. '''-~~'';~'l .'-'. '1;'- , - COUNT I PLAINTIFF. DONALD SNYDER. PARENT OF CHRISTOPHER SNYDER v. DEFENDANT JOHN P. SULLIVAN 10. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 11. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Traveling at an unsafe speed; B. Failing to have his vehicle under proper control; C. Operating a motor vehicle while asleep; D. Failing to warn Plaintiffs of an unreasonable risk of harm; E. Failing to keep a proper lookout; F. Operating his vehicle on the wrong side of the roadway; G. Entering the opposing lane of traffic without due regard to the rights and safety of oncoming vehicles; H. Violating state laws and local ordinances relative to the above allegations of negligence. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 3 . - '''~~~~''1 "' ',- . ,~ '> ~~ ~2; COUNT II PLAINTIFF. DONALD SNYDER. PARENT OF CHRISTOPHER SNYDER v. DEFENDANTFRANKJ. SULLIVAN 12. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 13. Defendant owned the vehicle operated by Defendant John Sullivan, and granted permission to said Defendant to operate the vehicle at all times material hereto. 14. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was an incompetent driver. B. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was unable or incapable of safely operating a motor vehicle at all times material hereto. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 4 -"<-..<.-. ~; ~' '~ p ~ " '~~.""'~J COUNT III PLAINTIFF. DONALD SNYDER. PARENT OF RYAN SNYDER v. DEFENDANT JOHN P. SULLIVAN 15. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 16. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Traveling at an unsafe speed; B. Failing to have his vehicle under proper control; C. Operating a motor vehicle while asleep; D. Failing to warn Plaintiffs of an unreasonable risk of harm; E. Failing to keep a proper lookout; F. Operating his vehicle on the wrong side of the roadway; G. Entering the opposing lane of traffic without due regard to the rights and safety of oncoming vehicles; H. Violating state laws and local ordinances relative to the above allegations of negligence. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 5 - ~ " .0 r i -~ =11 ''''-''''-jr!lll:M>l:!;'\;;'-'-' COUNT IV PLAINTIFF. DONALD SNYDER. PARENT OF RYANSNYDERv. DEFENDANT FRANK J. SULLIVAN 17. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 18. Defendant owned the vehicle operated by Defendant John Sullivan, and granted permission to said Defendant to operate the vehicle at all times material hereto. 19. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was an incompetent driver. B. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was unable or incapable of safely operating a motor vehicle at all times material hereto. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 6 ''''-~ ~ < "b' ~, ~ ""1',-; COUNT V PLAINTIFF. DONALD SNYDER. PARENT OF JESSIE SNYDER v. DEFENDANT JOHN P. SULLIVAN 20. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 21. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Traveling at an unsafe speed; B. Failing to have his vehicle under proper control; C. Operating a motor vehicle while asleep; D. Failing to warn Plaintiffs of an unreasonable risk of harm; E. Failing to keep a proper lookout; F. Operating his vehicle on the wrong side of the roadway; G. Entering the opposing lane of traffic without due regard to the rights and safety of oncoming vehicles; H. Violating state laws and local ordinances relative to the above allegations of negligence. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 7 ~ ~-~ ~- > - -~ - ".' -;;,. ,'" - ~' .. '. "},' i1',; " . COUNT VI PLAINTIFF. DONALD SNYDER. PARENT OF JESSIE SNYDER v. DEFENDANT FRANK J. SULLIVAN 22. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 23. Defendant owned the vehicle operated by Defendant John Sullivan, and granted permission to said Defendant to operate the vehicle at all times material hereto. 24. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was an incompetent driver. B. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was unable or incapable of safely operating a motor vehicle at all times material hereto. 8 " - ',e, '~,:;'," -t '. . WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. MORGAN & MORGAN, P.C. DATED: ~Z1lf I'~, 2001 9 ',f.'.. ~ "" " ..' _;,_, 'H..,-';"','.' ". _. 'c/ .~' .~:!. . , " . VERIFICATION Donald Snyder states that he is Plaintiff in this matter, and parent and guardian of minor Plaintiffs, and that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief He understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. ~. U ~, S~~ Donald Snyder, Parent and ardlan of Minor Plaintiffs ,~lii:~il'illiqp.,,",l!~~jjh"'!i-Jfi.l!'\!if>i,.,,,,;qH~..i<t.lI...\li";"'''''''~~'''';~'C<fJ,,l''''""'~,~o"""',"""''W'''''''i,W,,""l!l;mO'''~~~__)'1''~-' ~l--' ,.- \;' I ~.!'d ,t" ---'-1- \ C LJ ~i!' 'l,.J ,; ~ 0; " ; . ,"",,; j \ : , __I . ,; In Ii \ en C' lH Yw ....'. C. U"f,O~ ""'1Ji3il>t <:;:, <G..~ kp ,l,,^,"'-;-,,,,",C__ .> ~ ~~~. .,"" 6Z U" ! itil"jCl-B ::W, ~'~;i,jjt} .~~',~'~',~", . "-"h., ,< ',_,f'>"","" _ ~,~""" ~~ ,",,,..,q'''^~ < ,~., -li:~~' -. ",;:.1:1 ~~ ~ ~::, <0;, ~'~ .. 0., . -d"" , '-'.-o'c,- "r , '~:"" ' , ., '.' ,; .' C_ ,'~',-~, ~__', '<; - ,h '!i~, , ... .. . POST & SCHELL, P.c. BY: AMY 1. CORYER J.D. # 82718 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS JOHNP. SULLIVAN F~J.SULLrvAN DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 01-3259 v. CrvIL ACTION - LAW JOHNP. SULLrvAN and F~ J. SULLrv AN JURY TRIAL DEMANDED Defendants. _c ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendants, John P. Sullivan and Frank J. Sullivan, in connection with the above-captioned matter. Respectfully submitted, POST & SCHELL, P.C. DATE:--.LJ l'il' 10 I ~(I -d_ O~~/ AMY 1. 'CORYE ESQUIRE j , .1--_" ._, ^ -"'I ""'~~~4::i .- # CRRTTFICA TR OF SRRVJCR I, Kelley A. Spangler, an employee of Post & Schell, P.C. do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same via United States mail, first-class, postage prepaid: Scott W. Morgan, Esquire MORGAN & MORGAN, P.C. 120 South Street Harrisburg, PA 17101-1210 DATE: Lo-l ~ -0 I ",',.": "'",,, ,",' .'",..-&,- "",,~~,.,,,c^, '>'<lII:"~~ U ; -', ',', , ,>,:.c,',,'>,,:,' ~;;;'":;':;'~'''"'-~lii.ff 'iiiqll~l.~illll '{illi'~~r'!;' ~", '::"~dl.If.iJW;~'~ - ;',,"," '"- " ,;'~' >o~ _ ,. ,.". ",',^'" '''''".~.". ,. n ' .' ~ ~_.; % .. (") 0 r-'~ C -""'~I ~~:. ~ V G"; , n-I r. ; -~ -, ;Tl '7~ (~ ,~ (j~ u:: ; -<. ~:.~ le-':; ~"-::J C i:'j )> C; ~, ts rn C :..:.., Z ::.> C> =< ::,rJ (Jl -< ;' ~,.......';., - "~, nj_~ Jr '. MORGAN & MORGAN, P.C. BY: SCOlf W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, 341 West 1']'1' Avenue Apache Junction, AZ 85220, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. (j{ - j .1-61 C~ CIVIL ACTION - LAW v. JURY TRIAL DEMANDED JOHN P. SULLIVAN 84 Broad Street Montgomery, PA 17752 and FRANK J. SULLIVAN 1718 Josiah Chowning Way New Cumberland, PA 17070, Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR . ~"""-"'- ~~ - ,- -- ~~ """~ '-~ " ". ~'. " "~. ^'"~F, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 A VISO Le han demandado a usted en la corte. Si usted defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puede continuer ia demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decodor a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u OtrOS derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 - ....~"~, ~' ~-~ ~ ~ " ~" . , , . -'r' jiJ',. MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFFS DONALD SNYDER, Individually, and as Patent and Guardian of CHRISTOPHER SNYDER,RYANSNYDERand JESSICA SNYDER, Minors, 341 West 1"]'1> Avenue Apache Junction, AZ 85220, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. Of-- 3,259 ~/.u-- CIVIL ACTION - LAW v. JURY TRIAL DEMANDED JOHN P . SULLIVAN 84 Broad Street Montgomery, PA 17752 and FRANK J. SULLIVAN 1718 Josiah Chowning Way New Cumberland, PA 17070, Defendants COMPLAINT Plaintiffs, by and through their attorneys, Morgan & Morgan, P.C., hereby complain against Defendants and avers as follows: 1. Plaintiff is an adult individual, and parent and guardian of his minor children identified above and residing at the above address. 2. Defendant John Sullivan is an adult individual residing at the above address. 3. Defendant Frank Sullivan is an adult individual residing at the above address. ~ ",;---;:' "'"II - ..- . iIi'iliI'lil!:.li, 4. On or about December 25,2000, minor Plaintiffs were passengers in a vehicle being operated by their mother, Donna Snyder, traveling north on Route 11-15 in East Pennsboro Township, Cumberland County, PA. 5. At the same time and location, Defendant John Sullivan was operating a vehicle owned by Defendant Frank Sullivan south on Route 11-15, and Defendant John Sullivan caused a collision with the Snyder vehicle, resulting in death and serious bodily InJUrIes. 6. As a result of the collision, caused by the negligence of Defendants, individually, jointly and/or severally, minor Plaintiffs' mother, Donna Snyder, suffered severe injuries causing her death. 7. As a result of the collision, each of minor Plaintiffs suffered severe and disabling injuries, including but not limited to, injuries to their nerves, bones, muscles, joints and fascia, pain and suffering, mental and emotional distress, which are continuing. 8. As a further result of the collision, and the injuries to and death of their mother, which were witnessed by the minor Plaintiffs, each minor Plaintiff suffered severe emotional distress, which is continuing. 9. As a result of their injuries, the Plaintiffs have incurred medical bills for treatment, care, rehabilitation and transportation, and minor Plaintiffs may have suffered loss of potential earning capacity, and have suffered loss of life's pleasures and diminution of daily activities, which are continuing. 2 -~~-'~ "' ~~ ~ , , ~ ' "'"-"'" .1ij~~""1h COUNT I PLAINTIFF. DONALD SNYDER. PARENT OF CHRISTOPHER SNYDER v. DEFENDANT JOHN P. SULLIVAN 10. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 11. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Traveling at an unsafe speed; B. Failing to have his vehicle under proper control; C. Operating a motor vehicle while asleep; D. Failing to warn Plaintiffs of an unreasonable risk of harm; E. Failing to keep a proper lookout; F. Operating his vehicle on the wrong side of the roadway; G. Entering the opposing lane of traffic without due regard to the rights and safety of oncoming vehicles; H. Violating state laws and local ordinances relative to the above allegations of negligence. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 3 ,'.'........ ~~~ ~, '- "- ~ ~~""'Il<~ COUNT II PLAINTIFF. DONALD SNYDER. PARENT OF CHRISTOPHER SNYDER v. DEFENDANT FRANK J. SULLIVAN 12. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 13. Defendant owned the vehicle operated by Defendant John Sullivan, and granted permission to said Defendant to operate the vehicle at all times material hereto. 14. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was an incompetent driver. B. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was unable or incapable of safely operating a motor vehicle at all times material hereto. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 4 ~. ~M_~ - ., , c' __~, , .~ 1~ '_"""lk", COUNT III PLAINTIFF. DONALD SNYDER. PARENT OF RYANSNYDERv.DEFENDANTJOHNP.SULLIVAN 15. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 16. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Traveling at an unsafe speed; B. Failing to have his vehicle under proper control; C. Operating a motor vehicle while asleep; D. Failing to warn Plaintiffs of an unreasonable risk of harm; E. Failing to keep a proper lookout; F. Operating his vehicle on the wrong side of the roadway; G. Entering the opposing lane of traffic without due regard to the rights and safety of oncoming vehicles; H. Violating state laws and local ordinances relative to the above allegations of negligence. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 5 . ---. -. ~ =J ~.L .'<', ~,~~- !iil,.~ -, " "ir COUNT IV PLAINTIFF. DONALD SNYDER. PARENT OF RYANSNYDERv. DEFENDANT FRANK J. SULLIVAN 17. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 18. Defendant owned the vehicle operated by Defendant John Sullivan, and granted permission to said Defendant to operate the vehicle at all times material hereto. 19. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was an incompetent driver. B. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was unable or incapable of safely operating a motor vehicle at all times material hereto. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 6 ~ -~'~ - - COUNT V PLAINTIFF. DONALD SNYDER. PARENT OF JESSIE SNYDER v. DEFENDANT JOHN P. SULLIVAN 20. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 21. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Traveling at an unsafe speed; B. Failing to have his vehicle under proper control; C. Operating a motor vehicle while asleep; D. Failing to warn Plaintiffs of an unreasonable risk of harm; E. Failing to keep a proper lookout; F. Operating his vehicle on the wrong side of the roadway; G. Entering the opposing lane of traffic without due regard to the rights and safety of oncoming vehicles; H. Violating state laws and local ordinances relative to the above allegations of negligence. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 7 . :l!i!k~~' ,~~~~ . " .~_'~. I l~. " , .~ - ~. -' ~ . .. '.......>i,.- COUNT VI PLAINTIFF. DONALD SNYDER. PARENT OF JESSIE SNYDER v. DEFENDANT FRANK J. SULLIVAN 22. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 23. Defendant owned the vehicle operated by Defendant John Sullivan, and granted permission to said Defendant to operate the vehicle at all times material hereto. 24. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was an incompetent driver. B. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was unable or incapable of safely operating a motor vehicle at all times material hereto. 8 c. ~ ~ - ~ ~Jh!i, WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. MORGAN & MORGAN, P.C. DATED: ~1if I'S", 2001 By ~... S ott . M r an squire A orneys for Plaintiffs 9 1 _u ~. ~~ ~ I ~ . ,C'__,;;r ,,,~ "~ ''"= '.",,' -~, VERIFICATION Donald Snyder states that he is Plaintiff in this matter, and parent and guardian of minor Plaintiffs, and that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief He understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. UC). lJ~, Srf!~ Donald Snyder, Parent and ardian of Minor Plaintiffs -. '~~t!'h~:},fu:iWe1ll"'f}!J.k&"~...,,,';:.li^,i~;~~~Jh"1l~_j\,*,!i'<i~'","'1i~iigIi,d)c,}";,},";j.;""',;i'"""L""!<",,,--,-;!,,,~,t'!~",*~i,~W_dH&~_~i~~~N!~iiUfjoc_114li1fIE~~"'i1i' '" ~ ,1,&L.r>Y~"". ~~._~~= - - ~"__,~ ,.. ,"" 0__." '~."~'_,._"~' ,~ " ~".. ~ g~ ~ - ~ t I:'"" "", <.).' ~. I:.}v \..)J " 0 t; 'i'1 -0 1"'(1 ~~ , "~' 7' r,-.l (fJ u:) ~~ -< ) r.;: , '--.' ::-:-': ."", ~~ '".' J'", ).> ~~ . ) '- :?~ ~ -< .,.J - -" ;::..\J ~ ~ ~ ~ ~ ~"'" t:' ""M' -:':i I i I I I I I !~ ~t ~ L $:'t- "1J: ~ ~~b O~;;;o1 I: z;.. . l/l: . -j: o )>~ -I -I"" ~ cht. -< ~~ -- ~ - "" MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUlRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ....J """'. - . it ~. . ATTORNEYS FOR PLAINTIFF DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, 341 West 1r Avenue Apache Junction. AZ 85220, Plaintiffs v. JOHNP. SULLIVAN 84 Broad Street Montgomery, PA 17752 and FRANKJ. SUllIVAN 1718 Josiah Chowning Way New Cumberland, P A 17070, Defendants : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : NO. 01-3259 Civil : CIVIL ACTION - LAW : JURY 1RIAL DEMANDED PRAECIPE TO REINSTATE COMl'LAINT TO THE PROTHONOTARY: Klndly reinstate the Complaint in the above-captioned matter. DATED: July /d...., 2001 MORGAN & MORGAN, P.C. ,. " "., '_ ..~~, __. .".. 0' '0;.... _ " '_n "^"'r - ,~~" " - ,'" ~ .,,;C~ -,'- ., oft' ~;j POST & SCHELL, P.C. BY: AMYL. CORYER I.D. # 82718 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 ATTORNEYS FOR DEFENDANTS JOHNP. SULLIVAN ANDFRANKJ. SULLIVAN DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA i' " Plaintiffs, NO. 01-3259 11 ., v. CIVIL ACTION - LAW JOHNP. SULLIVAN and FRANK J. SULLIVAN JURY TRIAL DEMANDED ;,1 I Defendants. ANSWER AND NEW MATTER OF DEFENDANT JOHN P. SULLIVAN TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, John P. Sullivan, by and through his attorney, Post & Schell, P.c., and for his Answer to Plaintiffs' Complaint, states as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. ,,^ -" --,-',- - - - ~"",- I" '.'~O' -<' - , ,,'j;'~:;,'" .-ii', ~;~ .~ 5. Denied. The corresponding allegations are denied as conclusions oflaw to which no response is required. All allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. 6. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Furthermore, the corresponding allegations are denied as conclusions oflaw to which no response is required. All allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. 7. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Furthermore, the corresponding allegations are denied as conclusions oflaw to which no response is required. All allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. 8. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Furthermore, the corresponding allegations are denied as conclusions oflaw to which no response is required. All allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. 9. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Furthermore, the corresponding allegations are denied as conclusions oflaw ~;'~', I " '~ - -".,'+'. , . . _~ 'I -_ <!>',;J ,~. " ~ f,c; to which no response is required. All allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. COUNT I Plaintiff. Donald Snyder. Parent of Christopher Snyder v. Defendant John P. Sullivan 10. Answering Defendant incorporates herein by reference the averments contained in paragraphs one through nine of the foregoing Answer as if fully set forth herein. II. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Furthermore, the corresponding allegations are denied as conclusions of law to which no response is required. All allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. It is specifically denied that Answering Defendant was negligent, careless or reckless. WHEREFORE, Answering Defendant, John P. Sullivan, respectfully requests that this Honorable Court grant judgment in his favor and against the Plaintiff on the Complaint, together with costs and expenses. COUNT II Plaintiff. Donald Snyder. Parent of Christopher Snyder v. Defendant Frank J. Sullivan 12. Answering Defendant incorporates herein by reference the averments contained in paragraphs one through eleven of the foregoing Answer as if fully set forth herein. 13. Admitted. 14. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth ofthe allegations and, accordingly, all such ., - .~ I. -.'_'"' c"" ,c" ---" '_'''v''.;'_:''i''_" - ~ c" allegations are denied. Furthermore, the corresponding allegations are denied as conclusions oflaw to which no response is required. All allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. It is specifically denied that Answering Defendant was incompetent or unable or incapable of safely operating a motor vehicle. WHEREFORE, Answering Defendant, John P. Sullivan, respectfully requests that this Honorable Court grant judgment in his favor and against the Plaintiff on the Complaint, together with costs and expenses. COUNT III Plaintiff. Donald Snyder. Parent of Ryan Snyder v. Defendant John P. Snllivan 15. Answering Defendant incorporates herein by reference the averments contained in paragraphs one through fourteen of the foregoing Answer as if fully set forth herein. 16. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Furthermore, the corresponding allegations are denied as conclusions oflaw to which no response is required. All allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. It is specifically denied that Answering Defendant was negligent, careless or reckless. WHEREFORE, Answering Defendant, John P. Sullivan, respectfully requests that this Honorable Court grant judgment in his favor and against the Plaintiff on the Complaint, together with costs and expenses. ill '--^ ."",;, _I," C,C ~,__, ,,' '<', ,-- "-~ ~' :; ~--' COUNT IV Plaintiff. Donald Snyder. Parent of Ryan Snyder v. Defendant Frank J. Sullivan 17. Answering Defendant incorporates herein by reference the averments contained in paragraphs one through sixteen of the foregoing Answer as if fully set forth herein. 18. Admitted. 19. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Furthermore, the corresponding allegations are denied as conclusions of law to which no response is reqnired. All allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. It is specifically denied that Answering Defendant was incompetent or unable or incapable of safely operating a motor vehicle. WHEREFORE, Answering Defendant, John P. Sullivan, respectfully requests that this Honorable Court grant judgment in his favor and against the Plaintiff on the Complaint, together with costs and expenses. COUNT V Plaintiff. Donald Snyder. Parent of Jessie Snyder v. Defendant John P. Sullivan 20. Answering Defendant incorporates herein by reference the averments contained in paragraphs one through nineteen of the foregoing Answer as if fully set forth herein. 21. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Furthermore, the corresponding allegations are denied as conclusions oflaw , ..~-" '",-, ~'''~~~.. . " ~ 1,_ -- ,.-~. .-'J, _''-___<;,,_;; ~0 to which no response is required. All allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. It is specifically denied that Answering Defendant was negligent, careless or reckless. WHEREFORE, Answering Defendant, John P. Sullivan, respectfully requests that this Honorable Court grant judgment in his favor and against the Plaintiff on the Complaint, together with costs and expenses. COUNT VI Plaintiff. Donald Snyder. Parent of Jessie Snyder v. Defendant Frank J. Sullivan 22. Answering Defendant incorporates herein by reference the averments contained in paragraphs one through twenty-one of the foregoing Answer as if fully set forth herein. 23. Admitted. 24. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and, accordingly, all such allegations are denied. Furthermore, the corresponding allegations are denied as conclusions oflaw to which no response is required. All allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof thereof is demanded at trial. It is specifically denied that Answering Defendant was incompetent or unable or incapable of safely operating a motor vehicle. WHEREFORE, Answering Defendant, John P. Sullivan, respectfully requests that this Honorable Court grant judgment in his favor and against the Plaintiff on the Complaint, together with costs and expenses. . ---' - ~ - '" - ,.,~,,', -- ,,- ^ " "~ ,- - ',. - ~ .,- ~;;".i-,> '-j['-'j,," NEW MATTER The Answering Defendant hereby raises the following New Matter: 25. Answering Defendant incorporates herein by reference the averments contained in paragraphs one through twenty-four of the foregoing Answer as if fully set forth herein. 26. The Plaintiffs may have failed to state a cause of action upon which relief can be granted. 27. Answering Defendant was not negligent. 28. Any acts or omissions of the Answering Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiffs. 29. Answering Defendant, John P. Sullivan, was not acting as an agent of the Defendant, Frank 1. Sullivan, at the time the subject accident occurred. 30. At the time the subject accident occurred, Answering Defendant, John P. Sullivan, was not acting in furtherance of the affairs and/or business of the Defendant, Frank J. Sullivan. 31. Answering Defendant, John P. Sullivan, and Defendant, Frank J. Sullivan, had not engaged in, agreed upon, or actively participated in carrying out a joint enterprise of a business or other non-social nature for mutual gain or profit which led to Defendant, John P. Sullivan, having been involved in the subject motor vehicle accident. 32. The incident and/or damages described in Plaintiffs' Complaint may have been caused or contributed to by the Plaintiffs. 33. The negligent acts or omissions of other individuals and/or entities may have constituted intervening, superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiffs. - -, ,,-~---- .,-=--"-' - -" ,j.,-" -----"" - -- - ,'-' ;;.~ -- -; -, -'-', ",' ,,'~-"; 34. The Plaintiffs may have assumed the risk. 35. The Plaintiffs may have been contributorily negligent. 36. The incident, injuries and/or damages alleged to have been sustained by the Plaintiffs were not proximately caused by Answering Defendant. 37. Plaintiffs may not have properly mitigated their damages. 38. Plaintiffs may be bound by the limited tort option, and, as their injuries may not be considered "serious," non-economic damages would not be recoverable. WHEREFORE, Answering Defendant, John P. Sullivan, respectfully requests that this Honorable Court grant judgment in his favor and against the Plaintiffs on the Complaint, together with costs and expenses. Respectfully submitted, POST & SCHELL, P.C. Date: 7/'''110 I . Oh)'t -i ~~'<f AMY L. ORYER, SQUIRE ill #82718 Counsel for Answering Defendant JohnP. Sullivan ",1 :1 , I i ~ i ] I i I ,] . . ~ ~, :1 1 J I 1 ;;j ':"j '11 :"; . ;:j J J :J :-j !,j " I: i-1 "-, -, ' - ~, " ',',--.,,' I' '--,',,0:'''-'':'',0,'' ,--____'.. "~'__,._/ -J,u"."-'~"_' '_';~;';'~&'_:'~,F____; 'm- tlt~ VERIFICATION I, John P. Sullivan, do hereby swear and affirm that the facts and matters set forth in the Answer and New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE: &/30/0 I I ' fti~Ji~ , '.. -., ,_';~__ 'e- . ; -~o'" ,-;;.",.., -, ,- -,' ~' '" '__ I" -- ~,' - ' ,->,C',-,'-,i.;;, "~', ,--, :' ,;_;~ ":j Ii I: i I; CERTIFICATE OF SERVICE I, Kelley A. Spangler, an employee of Post & Schell, P.C. do hereby certify that on the date listed below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same via United States mail, first-class, postage prepaid: Melissa Merritts Rivera, Esquire MORGAN & MORGAN, P.C. 120 South Street Harrisburg, PA 17101-1210 DATE:l-19 -(] I l~~o CfcmtOpJ) Kelley A. Sp gler ", ",' " - '.-' " --" :",/~ iI-.,i,;k, _~-" '~'-' ~'.lilil'tilii~";";-";<-,- c:o"<:4-:'~ :=''';';'';;'''~~~~~l-~~1ili~I~''-'' . ,", ,'. <,-- < ~~p = "-'~ '"",oW %,' ;'",-,,;:'.',", .''; -'. ,^, --~~' '-"- ~,'--' 'I I. -~~-' ~_ J ~!, iT "" MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFFS DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-3259 Civil CIVIL ACTION - LAW v. JURY TRIAL DEMANDED JOHN P. SULLIVAN and FRANK J. SULLIVAN Defendants PLAINTIFFS' REPLY TO NEW MATTER Plaintiffs, through their attorneys Morgan & Morgan, P.C., hereby responds to New Matter of Defendants, and aver as follows: 25-38. The allegations of these paragraphs are denied as conclusions oflaw to which no answer is required. WHEREFORE, Plaintiffs request that New Matter be dismissed and judgment entered in their favor. Respectfully submitted, MORGAN & MORGAN, P.C. DATED: July a 2001 J ~ " ..l..... ........ "~~ .... ~ VERIFICATION Scott W. Morgan, Esquire states that he is counsel of record for Plaintiffs in the within action, is authorized to take this Verification on their behalf, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. He understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. \l ~~ Scott W. M a Esquire . w-~~b, ~'it>!1i~ ","~ - .,''- , " 'f'I,,.~,,,, '. , CERTIFICATE OF SERVICE I, Scott W. Morgan, Esquire, hereby certify that service of the original within Plaintiffs' Reply to New Matter was made on this ~bI<day ofJuly, 2001, to the persons below named, by First Class United States Mail, postage prepaid. Amy Coryey, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Steven Williams, Esquire 508 North Second Street Harrisburg, P A 171 0 I MORGAN & MORGAN, P.C. &~ 120 South Street Harrisburg, PA 17101-1210 (717) 236-7959 Attorneys for Plaintiffs ~~ )"~,;,:',Jt~\JJ__;,, ,;", JltU,U1J] L~,=~ ~,w = "~--,,,,',;A"'f,' ~,"ii,id-:Ji:'it~~_M~~~~-~"""'"""'"""'.""J~~'~"~L1~!iMLL n!i~lYI'iii'.i''''' n ~~ 1-;'),- )'""' t..:, .", .,~, " ~'_" "''-''''", _ ,," 'r'n", ~1" ~ ~__ ",' ,. ".' Ilt, ...."1. " ,~ - ,-"~ ..' , ~ ~ ,,' ", ,," ~' ~'. '=""..,4... SHERIFF'S RETURN - REGULAR ""~ ~ASE NO: 2001-03259 P 1 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER DONALD ETC VS SULLIVAN JOHN P ET AL TREVOR KENT , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SULLIVAN FRANK J the DEFENDANT , at 1900:00 HOURS, on the 31st day of May , 2001 at 1718 JOSIAH CHOWNING WAY NEW CDMBERLAND, PA 17070 by handing to JOHN SULLIVAN, ADULT SON OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.54 .00 10.00 .00 38.54 ~~~-f.41 R. Thomas Kline Sworn and Subscribed to before 08/17/2001 MORGAN & MORGAN By, ---:;AU ~ tt- \ Deputy S eriff me this I '? ~ day of ~~ .ho~ .A.D. r;~-;ffhOr!o.t?:yLip,.. i ~ '''-,><~ ., .~ ~ ",~ = . ',- -- >; ',.",,~, . '-W~",""",~,i SHERIFF'S RETURN - REGULAR CASE NO: 2001-03259 P , COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER DONALD ETC VS SULLIVAN JOHN P ET AL :'! BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SULLIVAN JOHN P the DEFENDANT , at 1845:00 HOURS, on the 8th day of August at 1718 JOSIAH CHOWNING WAY , 2001 NEW CUMBERLAND, PA 17070 by handing to JOHN SULLIVAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Additional Comments SHERIFF OF LYCOMING COUNTY WAS DEPUTIZED ON 5/29/01 TO SERVE DEFT., JOHN P. SULLIVAN. THEY RETURNED COMPLAINT "NOT FOUND," DEFT. CAN BE SERVED IN CUMBERLAND COUNTY. Sheriff's Costs: Docketing Service Out of County Surcharge Lycoming County 6.00 11.05 9.00 10.00 28.00 64.05 So Answers: ~~V~~J R. Thomas Kline 08/17/2001 MORGAN AND MORGAN Sworn and Subscribed to before tL- me this 17 - day of 4 .u-a-L A.D. .'-'./ Q /'vt,OOLJ ~ . P othonotary . . By: Deputy Sheriff - b'. ..~"' ~ -< ~=, ~,' v ""'<~'''"'-)-i,: ~ In The Court of Common Pleas of Cumberland County, Pennsylvania nak'j Snyder, Ind/Prnt/Grdn of Christopher, Ryan & .Jessica Snyder, minors VS. John P. Sullivan etal No. 2001 3259 civil Now, May 30, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Lycaninq County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. '~~<:~R Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made lmown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ ~r ~J"" "- ~.,~~".: c~,-.."" ~__o _.; ,""'~-'"",~,.~,, <<ii' In The Court of Common Pleas of Cumberland County, Pemnsylvania Donald Snyder, Ind/Prnt/Grdn of Christopher, Ryan & Jessica Snyder, minors YS. John P. Sullivan etal SERVE: John P. Sullivan r' No. 2001 3259 civil Now, July 18, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Lycominq County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .~~.~ ~i (lS ta-teJ Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made lmown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ h~ ~, .' --"llll"illl,o;;,llli.ll;jj> ". . SHERtFF'S RETURN - NOT SERVED 'CASE NO: 2001-03259 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF Lycoming DONALD SNYDER & ET AL VS JOHN P SULLIVAN & ET AL Charles T Brewer , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: SULLIVAN JOHN P & ET AL but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT SERVED , as to the within named DEFENDANT , SULLIVAN JOHN P & ET AL NOT SERVED DEFENDANT IS STAYING WITH HIS FATHER IN CUMBERLAND COUNTY FOR THE WEEK OF AUGUST 6TH. Sheriff's Costs: Docketing Service Affidavit Surcharge Mileage So answers: 9.00 .00 2.50 .00 16.50 28.00 CY1 G~J'-.}- , . - , Charles T Brewer, Sheriff 00/00/0000 Sworn and subscribed to before me this 1< day of ~~ ~\ A.D. \ ~~i~u~ Notar ~ WILLIAM J. SURD Prothonotary & Clerk of Courts Wllliamsporl. Lycoming County My Commission Expires Jan. 2, 2004 ,"'. . "~ ~~" 'J i!bi~ .ci:l'"l\ii'''''''~: '. ..... . I MORGAN & MORGAN, P.C. BY: SCOTTW. MORGAN, ESQillRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 TRUE COpy FROM RECORD IA T :><:Wnooy whereof, ! herlll unto S8t my h!fId Mil hil!j ~ 01 s<wJ Coo.1 at Carl., Pa. ~::~rf~~ I ,!, ATTORNEYS FOR PLAINTIFF DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, 341 West 1'J'h Avenue Apache Junction, AZ 85220, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. ~. ,(j NO. 0/- :3~~7 ~ CIVIL ACTION - LAW v. JURY TRIAL DEMANDED JOHN P. SULLIVAN 84 Broad Street Montgomery, PA 17752 and o ~ Q:E" ""--- : :<-:1--- ~!:'~ ~\:",- - ',"" c-- '-_.' FRANK J. SULLIVAN 1718 Josiah Chowning Way New Cumberland, PA 17070, Defendants "',-' I,.c i~ ,.< "'_1 -, NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR -- , ,~--,-,~',"~, ~ " ---.i,;.,l:.;ii , .. ':. TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 A VISO l.e han demandado a usted en la corte. Si usted defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dias de plazo a1 partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, ia corte tomara medidas y puedc continuer ia demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decodor a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFI<I:INA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 . MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ,~". ' " '"''''''" ' --~ ", k c ',' h~1 ATTORNEYS FOR PLAINTIFFS DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, 341 West 17lh Avenue Apache Junction, AZ 85220, Plaintiffs v. JOHN P . SULLIVAN 84 Broad Street Montgomery, P A 17752 and FRANK J. SULLIVAN 1718 Josiah Chowning Way New Cumberland, PA 17070, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT Plaintiffs, by and through their attorneys, Morgan & Morgan, P.C., hereby complain against Defendants and avers as follows: 1. Plaintiff is an adult individual, and parent and guardian of his minor children identified above and residing at the above address. 2. Defendant John Sullivan is an adult individual residing at the above address. 3. Defendant Frank Sullivan is an adult individual residing at the above address. - ." . ' " ,- , " '11~( , 4. On or about December 25,2000, minor Plaintiffs were passengers in a vehicle being operated by their mother, Donna Snyder, traveling north on Route 11-15 in East PennsboroTownship, Cumberland County, PA. 5. At the same time and location, Defendant John Sullivan was operating a vehicle owned by Defendant Prank Sullivan south on Route 11-15, and Defendant John Sullivan caused a collision with the Snyder vehicle, resulting in death and serious bodily injuries. 6. As a result of the collision, caused by the negligence of Defendants, individually, jointly and/or severally, minor Plaintiffs' mother, Donna Snyder, suffered severe injuries causing her death. 7. As a result of the collision, each of minor Plaintiffs suffered severe and disabling injuries, including but not limited to, injuries to their nerves, bones, muscles, joints and fascia, pain and suffering, mental and emotional distress, which are continuing. 8. As a further result of the collision, and the injuries to and death of their mother, which were witnessed by the minor Plaintiffs, each minor Plaintiff suffered severe emotional distress, which is continuing. 9. As a result of their injuries, the Plaintiffs have incurred medical bills for treatment, care, rehabilitation and transportation, and minor Plaintiffs may have suffered loss of potential earning capacity, and have suffered loss of life's pleasures and diminution of daily activities, which are continuing. 2 ,.., '. ~ - "" 1ii'~~" '&~, , .. COUNT I PLAINTIFF. DONALD SNYDER. PARENT OF CHRISTOPHER SNYDER v. DEFENDANT JOHN P. SULLIVAN 10. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 11. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Traveling at an unsafe speed; B. Failing to have his vehicle under proper control; C. Operating a motor vehicle while asleep; D. Failing to warn Plaintiffs of an unreasonable risk of harm; E. Failing to keep a proper lookout; F. Operating his vehicle on the wrong side of the roadway; G. Entering the opposing lane of traffic without due regard to the rights and safety of oncoming vehicles; H. Violating state laws and local ordinances relative to the above allegations of negligence. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 3 - J', ;,< ~__J"';~' ._1__"",-~ -~,. . ~ ',J COUNT II PLAINTIFF. DONALD SNYDER. PARENT OF CHRISTOPHER SNYDER v. DEFENDANT FRANK J . SULLIVAN 12. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 13. Defendant owned the vehicle operated by Defendant John Sullivan, and granted permission to said Defendant to operate the vehicle at all times material hereto. 14. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was an incompetent driver. B. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John . Sullivan was unable or incapable of safely operating a motor vehicle at all times material hereto. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 4 - , ^'-' '~, ' ',C ,".'- """~'.. . -,'~ COUNT III PLAINTIFF. DONALD SNYDER. PARENT OF RYAN SNYDER v. DEFENDANT JOHN P. SULLIVAN 15. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 16. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Traveling at an unsafe speed; B. Failing to have his vehicle under proper control; C. Operating a motor vehicle while asleep; D. Failing to warn Plaintiffs of an unreasonable risk of harm; E. Failing to keep a proper lookout; F. Operating his vehicle on the wrong side of the roadway; G. Entering the opposing lane of traffic without due regard to the rights and safety of oncoming vehicles; . H. Violating state laws and local ordinances relative to the above allegations of negligence. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 5 " I -- ,I, - '~....,'. "<,dl~Rl> . COUNT IV PLAINTIFF. DONALD SNYDER. PARENT OF RYANSNYDERv.DEFENDANTFRANKJ.SULLIVAN 17. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 18. Defendant owned the vehicle operated by Defendant John Sullivan, and granted permission to said Defendant to operate the vehicle at all times material hereto. 19. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was an incompetent driver. B. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was unable or incapable of safely operating a motor vehicle at all times material hereto. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 6 J ". ,,'1. ,> " -','" .-,,~ . "l.. COUNT V PLAINTIFF. DONALD SNYDER. PARENT OF JESSIE SNYDER v. DEFENDANT JOHN P. SULLIVAN 20. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 21. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Traveling at an unsafe speed; B. Failing to have his vehicle under proper control; C. Operating a motor vehicle while asleep; D. Failing to warn Plaintiffs of an unreasonable risk of harm; E. Failing to keep a proper lookout; F. Operating his vehicle on the wrong side of the roadway; G. Entering the opposing lane of traffic without due regard to the rights and safety of oncoming vehicles; H. Violating state laws and local ordinances relative to the above allegations of negligence. WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. 7 , ..~, ',', "" l.~,,,,,",'Ci,"', , """""'~;"'-J~;'i . u.. COUNT VI PLAINTIFF. DONALD SNYDER. PARENT OF JESSIE SNYDER v. DEFENDANT FRANK J. SULLIVAN 22. Plaintiffs incorporate herein by reference the allegations of paragraphs 1 through 9, as if fully set forth at length. 23. Defendant owned the vehicle operated by Defendant John Sullivan, and granted permission to said Defendant to operate the vehicle at all times material hereto. 24. The Plaintiffs' injuries and damages were due to the negligence, carelessness and recklessness of Defendant, individually, jointly and/or severally, including: A. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was an incompetent driver. B. Allowing Defendant John Sullivan to operate his motor vehicle when Defendant Frank Sullivan knew or should have known that Defendant John Sullivan was unable or incapable of safely operating a motor vehicle at all times material hereto. 8 ,^ '" " ~, L " .,{__. <,'.i''';'l, " ",""'- -'_ir,', . q... WHEREFORE, Plaintiffs demand judgment against Defendant, individually, jointly and/or severally, in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. MORGAN & MORGAN, P.C. DATED: 1\;;11' /_", 2001 9 J ~'. l' ,:..;., , .',;".' ~",--,j -<' I ,., "'~,,!.. ~f ~ "",I, . VERIFKATION Donald Snyder states that he is Plaintiff in this matter, and parent and guardian of minor Plaintiffs, and that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief He understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities, U<k-~JJ ~, SlVfl~ Donald Snyder, Parent and ardlan of Minor Plaintiffs ~M&~i1~"~iiW;;K~,,QiJ!i.f:t'li''-'''MH~1';';;;;'"'''''',''.'I,,;~:;:).-1;'''' '>',"",.,'C,' "i,,",,~1!'<'hq ~ :I ';J \ \:'<11\-: ,\ '; N H:1 d ,,':.... ,j IG. \\~ Of. 1\ 8\ lnr ;.l~('Cu"n~ .fifll:'lW, 3', 1'" 3c)\HO ,~== --- ". ..,,,~~, - "~ to~"c~j~ jj;_li_]~ilfi1f'ii!ii: ~,;Mg_1lo ..-,","' -' :Iil ,~ '. I..... I~ .,., , . . nL .~} 'f\B= ~. . ~~ ~ -l' , :r:. '. : : 0, . >~ ~l o~ ...... ',,' - ,,, "~",',' ;r',~"-",,~~,,,~ ~^", <,I ( ., , , DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER, and JESSICA SNYDER, Minors, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOHN P. SULLIVAN and FRANK I. SULLIVAN, Defendants NO. 01-3259 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of January, 2002, upon consideration of Plaintiffs' Petition for Court Approval of Minors' Settlement, a hearing is scheduled for Monday, February 25, 2002, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. DEFENDANT'S COUNSEL has indicated that she will not be attending the above hearing but has no objections to Plaintiff Donald Snyder, parent and guardian of the minor children, testifying by telephone. BY THE COURT, ~elissa Merritts, Esq. 120 South Street Harrisburg, PA 17101-1210 Attorney for Plaintiffs ., L~-rr);! () / ";;1/ -Od--. 'K: -::!j~~r:~~~Ii)OOW!llWlMl,,,,,,:ili!!if~:!mi~iiH_l!!'&f~~hN!l'~!4.ll,i;~!:~;;H';'~~i~I,~~_< " ," ) , 'tIINVAlASNN3d AlNnOO (1I\1'<n-!j8\~no U :2 i,~d ;1 Z Nvr 20 '!:lI{'C"'""""'" .' ^ ,1 'l\l_)[':)"\--,'~'.] 3:~L-I:IC}"{]:JTj ~,~. ~~ ,-"- M', .. -'" .::]'...1 ,j: . ~ . ..'C "' - ~-- '.',"c,'n, ",--:-, '. <'" '-"-;jii ( , ~ L. Coryer, Esq. 240 Grandview Avenue Camp Hill, PA 17011 Attorney for Defendants :rc Ii ~~&EmIMll<i1M>!W<\ii~MjIJ.~ilIli~.I!OO.0k~;t"~.hf$*',~I!>fi,;ijI.;j;i;,/"@,;i~~liiliJljjUM~ ilm'M[o~~~'~~~~, """" , ~~ H !L mIrIJ~~LU~".J.u ",1~l~:,\,-","1 ,",\\o~,~~,_. _,?-"",^~,,"~,"~~~~~~.l "'", , - ~ "'-'-, _,TO" 'tdi! , , ,~,~ "~<"~". ,I il II , r . ~0_ "_">,,?,.""_, ., ,", '<1M:' ~~ = '. ~,,,, ~-" ~. ~ d 'L ""'" ~ ~"~,- -- f~'", ", .".'i! ,lAN 1 4 2002 ~ MORGAN & MORGAN, P.C. BY: MELISSA MERRITTS RlVERA, ESQUIRE IDENTIFICATION NO. 70303 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. : NO. 01-3259 Civil CIVIL ACTION - LAW v. JURY TRIAL DEMANDED JOHN P . SULLIVAN and FRANK J. SULLIVAN Defendants PETITION FOR COURT APPROVAL OF MINORS' SETTLEMENT Plaintiffs, by their attorneys, Morgan & Morgan, P.C., hereby petition the Court to approve this minors' settlement, and aver the following in support thereof: 1. Plaintiff, Donald Snyder, is the parent and guardian of Christopher Snyder, who is 15 years old and was born on December 13, 1986, Jessica Snyder, who is 10 years old, and was born on July 6, 1991, and Ryan Snyder, who is 11 years old, and was born on May 1, 1990. 2. On December 25,2000, Plaintiffs Christopher, Ryan and Jessica Snyder were injured when an automobile in which they were passengers, being operated by Donna Snyder Adams (deceased), their mother, was involved in a head-on collision with another vehicle being operated by John P. Sullivan. Mr. Sullivan was operating a vehicle owned by his father, Frank J. Sullivan. .,'''''' ""." """.,',," .'.t__ ", -'. . . . 3. At the time of the accident, Christopher Snyder was 14 years old, Ryan Snyder was 10 years old, and Jessica Snyder was 9 years old. 4. As a result of the accident, Christopher Snyder suffered injuries in the nature of a broken femur of the left leg and a broken thumb on the right hand, bruised spleen, liver and kidney. 5. Jessica sustained an injury to her head which involved scalp repair and brain damage. The right side motor skills were affected, as well as her speech. She also sustained a broken left femur. 6. Ryan sustained a broken right clavicle and right wrist. He sustained a serious injury to his head, including a shattered forehead and brain damage, which involved a partial lobectomy. Attached to this petition are Exhibits A - I, medical reports outlining the diagnosis, treatment and prognosis for each child. 7. Minor Plaintiffs Christopher Snyder, Jessica Snyder and Ryan Snyder have substantially recovered from the above injuries. 8. Defendants, through their liability insurance companies, AllState and USAA, have agreed to pay $145,000.00 to the three children in exchange for a general release. The under insured motorist company, Motorist Mutual Insurance, has agreed to pay $15,000.00 to the children, in exchange for a general release, for a total of $160,000.00 to be divided among the three minor children. The remaining $120,000.00 in policy limits is being paid to the Estate of their mother, Donna Snyder Adams, who died as a result of this automobile accident. The children will receive a portion of the proceeds which will go to the Estate. Plaintiffs are in agreement with the funds being paid to the Estate. , " ,:.:- i " ..- ,j-" ~.. r"o~, ."..' 9. The settlement is beneficial to each Plaintiff because (1) most medical bills have been paid for, there remain some outstanding co-pay through their current insurance, and (2) Plaintiffs appear to have made a very good recovery. 10. Plaintiffs retained the law firm of Morgan & Morgan, P.C. to represent them in this regard, and signed a contingent fee agreement providing for one-third fee to be deducted from the gross amount recovered. Morgan & Morgan, P.C. has reduced it's fee to 25% in accordance with Gilmore v. Dondero, 399 Pa. Super. 599 (1990). The reduced fee is $40,000.00. 11. Settlement proceeds payable to Christopher Snyder, minor Plaintiff, will be $23,418.63. Proceeds payable to Jessica Snyder, minor Plaintiff, will be $45,960.08, and proceeds payable to Ryan Snyder, minor Plaintiff, will be $46,059.60. 12. The proceeds payable to minor Plaintiffs, Christopher Snyder, Jessica Snyder and Ryan Snyder will be deposited into federally insured interest bearing accounts in their names, with the appropriate notation that no withdrawals may be made except upon Order of Court or until the minor attains their majority. 13. Settlement proceeds payable to Donald Snyder, parent and guardian of the minors named in this petition, for medical bills paid out of pocket will be $3,035.16. Proof of payment is attached as Exhibit "J." 14. Plaintiff, Donald Snyder, parent of Christopher, Jessica and Ryan Snyder, believes this settlement to be reasonable and in his children's best interest. His statement of consent to settlement is attached as Exhibit "K." 15. Upon approval of this settlement, minor Plaintiffs' natural parent and guardian, Donald Snyder, on behalf of minor Plaintiffs, Christopher Snyder, Jessica Snyder ~ "" ~,.+" . ,'" , ~ ' .:"~;: ~ ,. and Ryan Snyder, will be required to sign a release discharging Defendants, and their liability insurance carrier, and under insured motorist carrier, from further liability relative to this accident. WHEREFORE, Plaintiffs request this Court to enter the attached Order approving the minors' settlement. Respectfully submitted, MORGAN & MORGAN, P.C. By M is a Merritts Rivera, Esquire Attorneys for Plaintiffs, Christopher, Jessica and Ryan Snyder DATED: December II ,2001 Ii" ""'-'_. I ~~ May-IS-OI 04:31P - ..-.... ',. "" , To: 'Gi (I r Pakl, MI~' ~ '. L.{fO C1$1 - /S(aO (hfYl1', Lf tD - ) I 't - 1\f- 5/-1 :,.\ From: Richard Shindell M.D., P.e. 333 E. Osborn Rd. Ste. 255 Phoenix, Arizona 85012. *EncJosed is a COllY of our currellt dictation. Thank you for your referral. If you have any complications with this trallsntillllion Illease callus at 602-604-8941. Thank You!!!! ,_._,----- -.-.-" JESSICA SNYDER 05-09-01 Jessica is ,}een in folloW-UP of a femoral fracture - She is ambulatory wi thout any pain and does not appear to h;,ve any deformity clinically alt.hough we know radiographicallY '3he has approltimately 200. She shows no deformity on the l\.l' film. The lateral film io; unfort.unat.ely inadequate to evaluate tllis but she still does have a slight deformi.t.y which is as anti." ip;;ted. 1 believe she wi 1.1 remodel this wit.h growth. she wi 11 be leaving for t.he summer and I would like to see her when she ret.urns in approximatel Y two months _ lU Richard L. Shindell. I";: D ./pb ~\-<)U\ \ 1 EXHIBITS "A-I" ... ~2&!"'_.' P.OI ,", " ~- j' ~' "'.:-:~~ "<-;.~--;;j,-,y, ..\" PENN STATE !IS The Milton S. Hershey Medical Center ., The College of Medicine Health Infonnation Services HU24 P.O. Box 850 Hershey. PA 17033-0850 DISCHARGE SUMMARY PATIENT NAME: SNYDER, JESSICA PATIENT NUMBER: 1117582 LOCATION: SEX: F DATE ADMITTED: 12/26/00 DATE DISCHARGED: 12/29/00 DATEOFBIRTH: 07/06/91 REFERRING PHYSICIAN: Kym A. Salness, M.D. SENIOR RESIDENTS ON SERVICE: Richard J. King, M.D. and Michael D. Diodato, M.D. ADMISSION DIAGNOSIS: Multiple trauma with a closed head injury. PRINCIPAL DIAGNOSES: I. Right frontal subarachnoid hemorrhage. 2. Left skull fracture with pneumocephaly. 3. Left parietal scalp laceration. 4. Left femur mid-shaft fracture. OPERATIONS OR PROCEDURES: 1. Repair of the open/depressed skull fracture and scalp laceration on 12/26/00. 2. Repair of the left femur fracture on 12/28/00. HOSPITAL COURSE: This is a 9-year-old white female involved in a motor vehicle accident, backseat passenger, possibly unrestrained, with positive loss of consciousness and positive amnesia, transported via LifeLion to Hershey Medical Center and admitted under the Pediatric Surgery service for multiple traumas consisting of: (1) Right frontal subarachnoid hemorrhage, (2) left frontal fracture with pneumocephaly, (3) left parietal scalp laceration, and (4) left femur fracture at the shaft. The patient was taken to the operating room by Neurosurgery for repair of the head traumas on 12/26/00. The patient tolerated this procedure well and without complications. The patient was later taken on 12/28/00, by Orthopaedic Surgery service for repair ofthe left femur fracture; again, the patient tolerated this procedure well without complications. The patienfs vital signs had always remained afebrile, normal and stable within normal parameters. The patient started awakening around 12/29/00, and was withdrawn to pain. The patient will be discharged to relocation to continue her treatment at that location. DISCHARGE MEDICATIONS: 1. Zantac 50 mg IV every eight hours. 2. Morphine 1 to 3 mg IV every hour as needed for pain. 3. Tylenol 650 mg orally or per rectum every four hours as needed. \"1 ' 4 '''''(\~ e~ \ I\'l', Page 1 of 2 An Equal Opportunity University ~...-. . , . ,,-.;' i::"'~~" "', ;.: " "",-" ~_ud-"__ PATIENT NAME: SNYDER, JESSICA PATffiNT NUMBER: 1117582 4. D5 normal saline with 10 mEq ofKCl running at 60 cc per hour. DISCHARGE INSTRUCTIONS: 1. The discharge instructions were reviewed with the Rehabilitation Center and with the patient's parents. 2. The patient's parents may call at (717) 531-8521 or page the Pediatric Surgery Resident on-call with any questions or concerns. 3. The patient was discharged on a diet as per Speech Rehabilitation Pathology, Dr. Ramer. 4. The patient was discharged on activities as tolerated. 5. The patient's approximate pre-admission weight is 40 kg. DICTATING MD: Anthony Conde, M.D. ATIENDING M.D. Peter W. Dillon, M.D. Division of Pediatric Surgery AClall D: 12/29/00 T: 01103101 dm 113 c: WPClerk-3l5221 *** Dictated but NOT Read *** Page 2 of 2 "'0 ,~ "~'..&'\:'N:~ " PE:NNSTATE !!S The Milton S. Hershey Medical Center .. The College of Medicine Health Information Services HU24 P.O. Box 850 Hershey, PA 17033-0850 DISCHARGE SUMMARY PATIENT NAME: SNYDER, JESSICA PATIENT NUMBER: 1117582 LOCATION: SEX: F DATE ADMITTED: 12/29/00 DATE DISCHARGED: 01/19/01 FINAL DIAGNOSES: 1. Closed head injury. 2. Left femur fracture. mSTORY OF PRESENT ILLNESS: Jessica is a 9-year-old girl who was injured in a motor vehicle accident on 12/25/00. She was unconscious at the scene with a Glasgow Coma Scale of 7 on admission to the emergency room. Her injuries included a left femur fracture, status post flexible nail placement on 12/27. She had a left parietal scalp laceration, left hip abrasion and right knee abrasion, in addition to the closed head injury. A CT scan showed a questionable right frontal subarachnoid hemorrhage, a left parilital skull fracture which was depressed out with pneumocephaly, and some effacement of basal cistern. She was intubated and sedated upon admission and extubated successfully on 12/26, She underwent elevation of the left parietal fracture on 12/26 without complication. She has had daily improvement of neurological status with vocalizations mostly crying, intermittent following of commands, purposeful movement of the left arm, and occasional head nod, yes or no. Some agitation as well but this settles quickly. PAST MEDICAL mSTORY: Past medical history shows that she is healthy with no chronic problems. She attended third grade with reportedly honor roll grades. PHYSICAL EXAMINATION: On admission to Rehabilitation, her examiner showed a heart rate of 100 to 120, respirations 18 to 24 and weighed about 40 kg. General exam showed that her eyes were open. She is easily agitated. HEENT exam showed a well-approximated scalp wound on left parietal region. The area was dry. There were no other abnormalities. Neck had full range of motion without pain. Chest was clear. No wheezes or rales were noted. Heart rate was regular. Normal S I and S2. No murmurs. Abdomen was obese and full but apparently non-tender. Bowel sounds were present. There was no enlargement of liver or spleen. External genitalia were Tanner stage 1. Extremities showed multiple bruises and abrasions. Left thigh with an ACE wrap dressing present and was somewhat swollen compared to the right thigh. Neurological exam showed that she was arousable than alert. She follows commands about 50% of the time. There were purposeful movements of the left arm. She vocalized but was easily agitated. Cranial nerve exam showed that she had visual fix and follow in all quadrants. She shifted gaze from one speaker to another. Pupils were equal, round and reactive to light. She had equal facial strength from right to left. Gag, cough and tongue movements were intact. Tone was decreased on the right arm with positive movements observed. It was slightly increased in the 'Jr.N :i 0 ,,- Page 1 of 3 An Equal Opportunity Univer~i(y ;fj~' ~ ~ . .t'&I~"31";: PATIENT NAME: SNYDER, JESSICA PATIENT NUMBER: 1117582 right leg but normal on the left side. Strength exam showed that she moved the left arm and leg against gravity. There were few right arm movements noted on admission. She was able to weightbear on her hands when sitting. This was more apparent on the left than the right, and was able to sit without support but very briefly. HOSPITAL COURSE: Jessica made continuous progress and neurologic recovery. She experienced resolution of the right arm weakness. Measured grip strength were within 1/2 pound of each other. She learned stand and pivot transfers but initially required a great deal of support because of the non-weightbearing status on the left side. She improved in gait. She did some walking with a platform walker. But because of complications from the left femur and need for spica cast by the time of discharge, she was not ambulating independently. She initially had a great deal of agitation which was shown by crying out, frequent request to be moved and to go to the bathroom. Ultimately, she was treated with c10nidine in a dose of 0.5 mg three times a day. With resolution of these symptoms, she resumed her previous temperament which was pleasant and cooperative. There were occasional periods of crying or agitation toward the end of the stay but these were minimal and she was quite re-directable. There was some anxiety as well. Her cognitive skills improved markedly. By the time of discharge, higher level language skills were the only deficit, along with minor degree of word-finding difficulty. Her academic skills were around the third grade level but scattered from late second grade in to early fourth grade. Left femur fracture. Jessica had some intermittent discomfort over the left femur fracture site. By January 12th, there was swelling and siguificant discomfort over this area. At that time, a venous duplex Doppler was performed to exclude DVT as the origin of the swelling. An x-ray showed some angulation at the fracture site. It was decided to place her in a hip spica cast which was accomplished on 01/17/01. After the hip spica cast, she had experienced some pain for the first 24 hours, but this improved markedly thereafter. She was able to learn bed mobility and was able to be transferred to car by her family. ' CONDITION ON DISCHARGE: Good. DISCHARGE MEDICATIONS: Clonidine 0.05 mg t.i.d. to be continued for approximately one month then weaned by a physician in Arizona. FOLLOW-UP CARE: Follow-up care will include need for physical therapy once per week while in cast and then two to three times per week thereafter. Occupational therapy one to two times per week and speech therapy three times per week. Page 2 of 3 ;'&i;_,~-~ ,. " "' " ~ ~<"'."~~'\' PATIENT NAME: SNYDER, JESSICA PATIENT NUMBER: 1117582 These were all arranged in Arizona. She will be on homebound instruction for one month and then begin part-time school placement. No follow-up was arranged here because of the move to Arizona. DICTATINGMD: ~ud I-~~ "'P Jeanette C. Ram;;.i1.D. Department of PediatricsIPediatric Genetics JRllua D: 01/19/01 T: 01/23/01 dm 1/23 c: WP Clerk - 331743 F AMIL Y MEDICAL CENTER OF MARYSVILLE 506 SOUTH STAlE STREET MARYSVILLE,PA 17053 *** Dictated but NOT Read *** Page 3 of 3 , ~, .'," ~, "It flk: Ma. y._..lS-O.'. 0 _ ~ .. 4: 32P P.Ol To: tr (i r PakJ I M I~). tM'. (fW - qg) - 15(00 fh/rJ. ~ Iff{).:; I D' J-('fC{ From: Riehard Shindell M.D., P.c. 333 E. Osborn Rd. Ste. 255 Phoenix, Arizona 85012 "'I<:ndosed is H copy of ollr current dictation 'l'hallk '- ti I If . you .or your ~:I:::HI;t (jf}i~~,~~~~~ ~~y cumplications wit" this trallsmission please Thank You!!!! -- - - -" -...~. -- .-.-.--..'-.'. .-- CHRISTOPHER SNYDER 05..09-01 Christoph(,r j s doi ng well. He ambulates without i~ li.mp. He has no obvious p<:1j.n or defor.mity. I would like t.o see hi" fI;'\cture li ne disappear complet.ely before returning him to full sport:" Ttlere is abundant callus but the fracture line is visible "nteriorJy. lie has no pain and ambulat.es without. a limp. He will be leaving for t.he summer. We will see him upon his return in r.wo months. Richard L. Shindell. M.D./pb ,v 'tcLs1,<t)6J --'~- - , " , ,~,,',.'~ PENN STATE !S The Milton S. Hershey Medical Center . The College of Medicine Health Information Services HU24 P.O. Box 850 Hershey, PA 17033-0850 DISCHARGE SUMMARY PATIENT NAME: SNYDER, CHRIS PATIENT NUMBER: 1117586 LOCATION: SEX: M DATE ADMITTED: l2f2j/00 DATE DISCHARGED: 12/31100 DATE OF BffiTH: 12/13/86 ADMISSION DIAGNOSIS: Motor vehicle accident with multiple trauma. DISCHARGE DIAGNOSIS: 1. Grade I to II splenic hematoma. 2. Left renal hematoma. 3. Left femur fracture. 4. Right proximal thwnb fracture. OPERATIONS OR PROCEDURES: 1. CT scan of head, abdomen and pelvis on December 25th. 2. Cervicothoracic and lwnbar spine x-rays, and right hand x-rayon December 25th. 3. Left femur fracture repair with nail on December 27th. HOSPITAL COURSE: The patient is a 14-year-old male who was an unrestrained passenger in a motor vehicle accident on December 25th. The patient was one of the four occupants of a passenger vehicle that was brought to the Hershey Medical Center Trauma Bay. The patient was evaluated and noted to have a grade I to II splenic hematoma, left renal hematoma, left femur fracture, and a right thwnb fracture. The patient was admitted for observation of his neurological and intra-abdominal status with serial examinations and hematocrits, The patient's CT scan was within normal limits at the time of admission. The patient was also admitted for repair of his left femur fracture and splinting of his right thwnb fracture. The patient's hospital course was otherwise unremarkable, with gradual improvement of his neurologic status. The patient's abdominal exams were unchanged, and his hematocrits were stable at the time of discharge. The patient underwent repair of his left femur fracture on December 27th without incident by Orthopaedics, and splinting of his right thwnb fracture by Plastic Surgery. The patient's blood pressures were within a normal range during his hospitalization, and his renal injury was considered to be stable. The patient had Physical Therapy and Occupational Therapy consultation and Rehabilitation Medicine evaluation. The patient improved with physical therapy and non-weightbearing on his left leg. On the day of discharge, the patient was tolerating a regular diet and functioning well with transfers and mobility, and non-weightbearing on his left leg. The patient's neurologic status was fol1owed by Neurosurgery. His cognitive and motor function was intact on the day of discharge, JAN 1 2 2001 Page 1 of 2 An Equal Opportunity University ~ J . , < ~, '-'= ~, ,""--'".," , ~L -~. u"h' PATIENT NAME: SNYDER, CHRIS PATIENT NUMBER: 1117586 DISCHARGE MEDICATIONS: I. Tylenol With Codeine one to two tablets p.o. q.6h. as needed for pain. 2. Colace 100 mg p.o. b.i.d. while on Tylenol No.3. The parents were instructed that the patient could have Tylenol 650 mg p.o. q. four to six hours as needed for pain in lieu of Tylenol No.3 DISCHARGE INSTRUCTIONS: The patient and his family were instructed that he should have a regular diet as tolerated and to be non-weightbearing on left leg as per Orthopaedics and Physical Therapy. The patient was advised to keep his right wrist splint in place until follow-up with Plastic Surgery. The patient was advised to call the Pediatric Surgery Resident on-call with any questions or concerns at 531-8521. The patient and his family were instructed-to seek immediate medical attention should he develop headache, nausea, vomiting, increased abdominal pain, visual changes, or any change in his mental status. The patient and his family verbalized understanding of the discharge instructions, and the patient was discharged home in improved condition. The patient and his family were advised that he should be under "house arrest", meaning that he should remain indoors for the next two weeks with limited movement about the house. This should continue until follow-up with Pediatric Surgery in two to three weeks. FOLLOW-UP: The patient's follow-up appointments were to be with Pediatric Surgery in two to three weeks with a repeat CT scan to be scheduled then, Plastic Surgery with Dr. Hauck in two weeks, and Orthopaedic Surgery with Dr. Wallach in 10 to 14 days. DICTATING MD: Richard J. King, M.D. ATTENDING MD: Peter W. Dillon, M.D. Department of Pediatric Surgery RK/imbD: 12/31/01 T: 01/03/01 dm 1/3 c: WPClerk-316l11 ... Dictated but NOT Read ... Page 2 of 2 , , "-~---'~~~'" "'- _i:" PENNSTATE B The Milton S. Hershey Medical Center . The College of Medicme EMERGENCY MEDICINE CENTER P.O. BOX 850 HERSHEY, P A 17033-0850 7175318333 TEL EMERGENCY DEPARTMENT NOTE PATIENT NAME: SNYDER, CHRIS L PATIENT NUMBER: 0362834 SEX: M DATE OF SERVICE: 12/26/2000 DATE OF BIRTH: 12/13/1986 HISTORY OF PRESENT ILLNESS: This is a 14-year-old who was involved in a head-on motor vehicle accident at a high rate of speed. There was a significant amount of damage to the vehicle. The patients were entrapped for an extended period of time. There were multiple trauma patients from this accident arriving to the Emergency Department at the same time. Because of that, both the pediatric and adult trauma attending physicians were present. He has an obvious deformity to his femur. He also had some wrist pain. He is alert and oriented with a Glasgow Coma Scale of 15. He recalls most of the events. He has a little bit of belly pain. His vital signs were stable. Care was turned over to the trauma team. See their note for more complete details. DICTATING MD: Jeffrey Orledge, M.D. f}/;VVtA--- JO/clm D: 12/26/2000 T: 12/26/2000 20:19 Page 1 of 1 =, ~.z. ," , " '" ~ ^,' :~W'" 84/1&~81 18:37:84 RightFAX-) &82 981 15&3 RightFAX Page 8112 _PHoENIX _t~~:S TM NeurOlUl'lery Depll'tmml S. David Moss, MD March 13,2001 Kirit Patel, M,D. 1056 S. Val Vista Dr., #2 Mesa, AZ 85204 RE: SNYDER, RYAN MR#: 02-26-29 DOB: 05/0111990 Dear Dr. Patel: It was my pleasure to see Ryan in Neurosurgery Clinic today. Ryan was involved in a motor vehicle accident in Pennsylvania, and he WIIS treated for his head injury in a local hospital. He has had evaluation of a frontal skull depressed fracture as well lIS contusion of the left frontal lobe. He recovered very well. Now he has some problem with the memory and cognition. He is not complaining of any headache, nausea or vomiting. There is no history of seizure. He is not on any medication. His recent CT scan of the head is suggestive of the postop changes in the frontal region with a small infarcted area on the left frontal lobe. His slcull wound hIlS already healed nicely. However, there are a few scars without any discharge. We have reassured the father, and we are going to see him again in six months' time. Dictated by Mohammad Jalaluddin, MD Sincerely, S. David Moss, MD Pediatric Neurosurgeon cc: Parents of Ryan Snyder 341 W. 17th Ave. Apache Junction, AZ 85220 ~ ~\'1 SDM/959/DD:03113/200 1 10:38:26/DT:03113/200 1 11 :09:06/J :744128/D: 78668 98'}E..t Bri/l-SlrM~ I'hoenbt, AZ IlS00h(6&2r 23Nllllth-Fu: (6M}2s..- nll2 "' "ilit'1e_ 02-07-01 RYAN SNYDER REFERRING PHYSICIAN: KIRIT N. PATEL, M.D. CHIEF COMPLAINT: FRACTURE RIGHT RADIUS, CLAVICLE AND HEAD INJURY RIGHT HISTORY: Ryan Snyder is a 10-1/2-year-old who child who was injured in a motor vehicle accident in Hershey; pennsylvania on 12-25-00. His mother unfortunately did not survive;' He was hospitalized for head injury for which he has had surgical care with a long incision on the right temporal region. He has a right clavicular fracture as well as a fracture of the right distal radius. He is doing well at this point and appears perfectly appropriate. He has multiple well healed lacerations over the forehead as well as a curvilinear surgical incision at the right temporal region. His cast is removed from his right wrist and he is nontender at the fracture site without obvious deformity. The range of motion is limited as anticipated with a fresh removal. He has a palpable mass at the right midshaft clavicle. He is minimally tender with compression and is not wearing a sling or protective brace. i ..I Radiographs demonstrate a completely healed fracture of the distal radius with dorsal angulation of the joint line by approximately 100 to 150. This is checked against his original films and there was a comminuted distal radial fracture with approximately the same degree of angulation. This should be of no consequence and should remodel quite easily. The clavicular fracture is healing with a large but barely visible fracture ,callus holding bayonet apposition to the fracture fragments. IMPRESSION: Motor vehicle accident with fracture right clavicle and right forearm as well as head injury. PLAN: . From the orthopedic standpoint, it appears that Ryan is doing quite well. His wrist fracture does have some angulation but this should be taken care of simply with his growth. I would like to see him in follow-up in four weeks at which time we will not obtain x-rays. Richard L. Shindell, M.D./pb c: Kirit N. Patel, M.D. \~~\o, ~J lib -~"""_iJ..i....-"~ " ~ " < '.,"",-,-.," ~"'''''''~d ~ PennState Geisinger . Health System The Milton S. Hershe Medical Center '121-} /<,.1 I o 5/0 III " '.; t.~, ~ t \) 30 (;1~ ) ;, ^ c"'A f.) b2 8.H ev.)IZ! n~ 5'd[)(R RYAN DAY OF DISCHARGE FORM .... ""j!! i!!~ .Gl:l z.. So: ~8 H .. -i...- .... "z 0:2 ""ll "'0 0_ ..0 Q~ -> GO wZ l!~ "'lil lilE .. z 0- 13~ II 0;f ilia 0- l5 '1 if. .) Referring Physician .. , .Iv Primary ;1N4 ~Fa"""""",, Principal Diagnosis .r /IT ~ ~A-1/L ('J.B= 2. S'><.v Ii ,ht~1<E $>. 'I.,!,I..T ('(."1-" Ide c 77 ~r ,..,,- Brief Course .;;.. ... , ~1'L. /o//ff. Narne/Dosage/Route/Frequency Name/Dosaga/RouIe/Frequency /. e. ~ Nursing Care Aide/Homemaker PhysicalThempy Respiralol)l1herapy OccupaiionaIThempy Speed\ Therapy SOOaI Services Nutritional Care HOspice Care I -S>Z-t ~ h.-"..J 'J'FW IN? 7>"6>4:l0t5 f/v ?:>~. FOLLO~P APPOINTMENTS Retum~, 'i"k... KI4-N('If @ 1/ fOe III b sA/5 ,,-i<'io At C""3/- .9f:>'2>, At am/pm On On {.,.// h C",?/.7r am/pm """ .N. Date /2.:dJ TIme J1.:OU am/pm Dale 16.b~~m'" ~......._-- ..--m:-tiMC-,;,;y.'cfon _....-_,_ Signature MR 48B REV 3184 DAY OF DISCHARGE FORM ilil ~" .~ " ~ ". c.' , Jill.' ~, ~ '~n" ililif:. ' P 'd fS P l' t D t fS Ch Am roVl er 0 emce alen aeo emce ame ount Dr. Shindell Jessica 04-11-01 co-pay $40.00 Dr. Shindell Jessica 05-09-01 co-pay $20.00 Dr. Shindell Jessica as of 09-21-01 not paid by ins. $119.40 Dr. Shindell Jessica 09-12-01 co-pay $20.00 Dr. Shindell Christopher 04-11-01 co-pay $40.00 Dr. Shindell Christopher 05-09-01 co-pay $20.00 Dr. Shindell Christopher as of 09-21-01 not paid by ins. $113.20 Dr. Shindell Christopher 09-12-01 co-pay $20.00 Dr. Shindell Ryan 04-11-01 co-pay $20.00 Dr.Patel-AZ A1l3/ Acc# Total owed as of not paid by ins. $92.88 Inst. OfMed& A3343 10-01-01 Ped Dr. Patel Ryan 10-17-01 co-pay $20.00 Dr. Moss Ryan 09-10-01 co-pay $20.00 Dr. Moss Jessica 09-10-0 I co-pay $20.00 Dr. Moss Jessica& Ryan 20% of co-pay $168 Balanceof $840 East Valley Christopher acc# 06002509 not paid by ins. $82.88 Diag. Phx Child. Host. Ryan 09-25-01 co-pay $20.00 Dr. Wodrich Phx Child. Host. Jessica 09-25-01 co-pay $20.00 Dr. Wodrich Phx Child Hosp Jessica 03-07-01 not paid by ins. $788.90 Phx Child Hosp Ryan 03-07-01 not paid by ins. $788.90 Ama! Jabra Jessica . 05-09-01 not paid by ins $33.00 I\.)O"PlIl<l <-at b' Ct. I'^.~",..!) -e.~AI\.) 7..-B-e( f-)U+ 1',,;<3 ~ ,,0> ot. Me:):') ;Se"'5~r" "2. - ))' - () I <.8. TOTAL ~ijlC~ 1~ ~ 3035. Il.. EXlllBIT "f' ,',~"o>~- - ._~~...,,~-- ,~=- I. I , "' ~ . i~ ~" .1.'1<" PHOENIX CHILOREN'S OP CENTER POBOX 92579 PHOENIX,AZ 85072 Acct: A34574 Date: 09/28/01 (602)322.1878 From: 02/08/01 Thru: 09/10/01 DONALD SNYDER 341 W 17TH AVE APACHE JUNCTION.AZ 85220 Svc Date Pt Name Physician Description CPT /IC09 Insurance Patient Acct 8a1 02/08/01 RYAN MOSS.S OFFICE CONSULTATION 99245/854.00 284.00 0.00 JESSICA MOSS.S OFFICE CONSULTATION 99245/854.00 284.00 0.00 03/13/01 RYAN MOSS.S OFFICE OUTPATIENT VISIT EST 99215/800.10 146.00 0.00 04/30/01 RYAN INSURANCE PAYMENT 79.00- 0.00 RYAN' CONTRACTUAL INSURANCE ADJ 47.00- 0.00 03/13/01 JESSICA MOSS.S OFFICE OUTPATIENT VISIT EST 99215/800.09 146.00 0.00 0'1/30/01 JESSICA INSURANCE PAYMENT 79.00- 0.00 .JESSICA CONTRACTUAL INSURANCE AOJ 47.00- 0.00 C9/14/01 JESSICA INSURANCE PAYMENT 16.00- 0.00 JESSICA CONTRACTUAL INSURANCE AOJ 4.00- 0.00 09110/01 RYAN MOSS.S OFFICE OUTPATIENT VISIT EST 99215/959.01 146.00 0.00 RYAN fl0SS.S TRANSFER TO GUAR FOR 09/10/01 /959,01 20.00 20.00 RYAN MOSS.S CASH PAYHENT /959.01 20.00- 0.00 JESSICA MOSS.S OFFICE OUTPATIENT VISIT EST 99215/959.01 146.00 0.00 JESSICA MOSS.S TRANSFER TO GUAR FOR 09/10/01 /959.01 20.00 20.00 JESSICA MOSS.S CASH PAYMENT /959.01 20.00- 0.00 Insurance pending: 840.00 Account balance : 840.00 Pay this amount--> 0.00 ''''-=i:",''_.~....,._. _~." JriJ<.:l~c "~~ " *iliii~~ ,... ~::'''~i DATE: 09-12-2001 RICHARD SHINDELL, M.D., P.C. TlCKET# .&723.2 333 E. OSBORN, SUITE 255 t PHOENIX, ARIZONA 85012 [ MESA OFFiCE (&02) &04-8941 [ j SCOTTSDALE OFFICE Tax i.D. # 8&-0&34209 ** ************************************************************************************************************************* PATiENT NAME: JESSICA SNYDER DOB: 07-0&-1991 ACm 1&710 INSURANCE: AMERICA'S CHOICE HEALTHPLANS COPAY $ 0.00 AUTH: ***********************************************************************************************************************f**f* RETURN VISITS *** RADIOLOGY H* FEE [J 72090 Scoliosis 2 V $ o 99212 Limited $__ [J 73000 Clavicle 2 V $_ [J 72220 Sacrum/Coccyx 2+ $_ ~9213 Intermediate $_ [] 73070-52 Elbow 1 V $_ [] 72080-52 T-L Spine 1 V $_ () 99214 Extended $_ [J 73070 Elbow 2 V $_ [J 72080 T-L Spine 2 V $_ o 992t5 Comprehensive $_ [] 73080 Elbow 3+ V $_ [] 72010-52 T-L Spine lnf $_ CONSULTATlONS[] 73550 Femur 2 V $_ [] 736&0-~:C Toes 1 V $_ o 99241 Brief $_ [] 73100-52 Finger 1 V ,_ [] 73&&0 Toes 2+ V $_ o 99242 Limited $_ [] 73140 Finger 2+ V $_ [] 73590-52 Tibialfibula 1 V $_ () 99243 intermediate $_ [] 73090 Forearm 2 V $_ [] 73590 Tibia/Fibula 2 V $_ o 99244 Extended $_ [] 73620 Feet 2 V $_ [] 73100-52 Wrist 1 V ,_ SECOND OPiNION [] 73&30 Feet 3+ V $_ [] 73100 Wrist 2 V $_ o 99271 Limited $_ [] 73540-52 Hips/Pelvis 1 V $ [] 73110 Wrist 3+ V $_ o 99272 Intermediate $_ [] 73540 Hips/Pelvis 2+ V ,_ o 99273 Extended $_ [] 73500 Hips 1 V $_ o 99274 Comprehensive $_ [] 73510 Hips 2 V UnDat $_ n 99275 Complex $_ [] 73120-52 Hand 1 V ,_ OTHER PROCEDURES [] 73120 Hand 2 V $_ () FX Reduction/Manipulation {} 73130 Hand 3+ V $_ [] 73650 Heel 2+ V $_ [] 73050 H'lmerus 2+ V $_ [J 735&0-52 Knee 1 V $_ [] 73560 Knee 2 V ,_ [] 735&2 Knee 3 V $ [] 76040 Long Leg/Scanogr ,_ [] 73592 Lower Ext / 2+ V $_ [] 72100 L-S Spine 2-3 V $_ [] 72110 L-S Spine 5 V $_ [] 72170 Pelvis! V ,_ [] 71101 Ribs 3+ V 1_ [] 73010 Scapub ~~ V $_ [] 72200 S-1. Joint L 3 V $_ [] 73020 Shoulder 1 V $_ [] 73030 Shoulder 2+ V $_ [] 71130 Sternoclav 3 V $_ [] 71120 Sternum 2+ V $_ [] 72090-52 S~oliosis 1 V $ **********************************************************************************f***************************************** DIAGNOSIS: PREViOUS BALANCE ,14.40 REFERRiNG DR: PATEL, KIRIT M.D. *** RADIOLOGY *** [] 73050-52 A-C Joint, 1 side $ [] 73050 A-C Joint BDat I_ n 73500-52 Aiikh~ 1 V ~_ [] 73&00 Ankle, 2 V $_ [] 73&10 Ankle, 3+ V ,_ [] 7&020 Bone Age Studies $_ [] 72040-52 C-Spine 1 V $_ [] 72040 C-Spine F /E 2 V ,_ [] 72050-52 C-Spi ne 3 V $_ [] 72050 C-Spine 4+ V ,_ r -f;o C0 ( . , PHONEif 480 21lS 0870 *** CASTlNS *** [] 290&5 Long Arm Cast [] 29075 Shart Arm Cast [] 29450 Clubfoot Cast [] 29345 Long Leg Cast [] 29405 Short Leg Cast [] 29740 Wedging Cast *.* SUPPLIES ff* [] Plaster [] Synthetic [] Other: [] Cast Sandal [] Ace Wrap [] A". S! i np [] Knee I~iobilizef [j Cock-Un wrist Splint [I Air Sb'I'UP Splint [] Other: FEE $- $- $- '- $- $- FEE i_ $- $- $- i_ 1- $- $- '- ,- i- '- $ 1G~ A~10UNT PAID I {j -p ~ ck #__/ cash / visa /.c / TODAY'S CHARSES .. 41 BALAt~~ , $ -- i Jo.-... Co,,- P A'~'f" j"~*~n.'t-*).*,.\L. P,,,":..'" ~,<1;~.~*....", ****HH*****************HH**********************************************h**\H;ri\lf. .~ ofT-,;- f:i-XA.". -x7i"7:,?;:,.".h"" ^ '*"' ^ Ton.. . . \1\ C::-J .~ ~ - ~ I ~-" ", "",- "~r:.;-- DATE, 09-12-2001 RICHHRD SHINDELL, M.D., P.C. ncKET# 6724.2 333 E. OSBORN, SUliE 255 t PHOENIX, ARIZONA 85012 -SA OFFICE (6021 604-8941 [ ] SCOTTSDALE OfFICE Tax I.D. * 86-0634209 . *****************************************************************************************************,***ff.************** PATIENT NAME: CHRISTOPHER SNYDER DOD: 12-13-1986 ACm 16708 INSURANCE, AMERICA'S CHOICE HEALTHPLANS COPAY $ 20.00 AUTH, ******************************************************************************************************f*i******************* RETURN VISITS *** RADIOLOElY *** FEE tJ 72090 Scoliosis 2 V $ n 99212 Limited ,_ [] 73000 Clavicle 2 V ,_ tJ 72220 Sacrum/Coccyx 2+ 1_ ~213 Intermediate $_ [] 73070-52 Elbow 1 V $_ [] 72080-52 T-L Spine 1 V $_ n 99214 Extended $_ tJ 73070 Elbow 2 V 1_ [] 72080 T-L Spine 2 V ,_ n 992t5 Comprehensive $_ [] 73080 Elbow 3+ V $_ [] 72010-~<2 T-L Spine lof 1_ CONSULTATIONS [] 73550 Femur 2 V i_ [] 73660-52 Toe, 1 V 1_ o 99241 8rief $_ [] 73100-52 Finger 1 V $_ tJ 73660 Toes 2+ V 1_ o 99242 Lioited $_ [] 73140 Finger 2+ V $_ [] 73590-52 Tibia/fibula 1 V 1_ o 99243 Intermediate $_ [] 73090 Forearm 2 V 1_ [] 73590 Tibia/Fibula 2 V ,_ o 99244 Extended ,_ [] 73620 Feet 2 V $_ [] 73100-52 Wt'lst 1 V 1_ SECOND OPINION [] 73630 Feet 3+ V $_ [] 73100 Ilri,t 2 V 1_ o 99271 Umited $_ [] 73540-52 Hips/Pelvis 1 V , [] 73110 Wrist 3+ V $_ o 99272 Intet'oediah $_ [] 73540 Hips/Pelvis 2+ V $_ o 99273 Extended $_ tJ 73500 Hips 1 V ,_ o 99274 Comprehensive $_ [] 73510 Hips 2 V Unilat $_ n 99275 Complex 1_ [] 73120-52 Hand I V ,_ OTHER PROCEDURES tJ 73120 Hand 2 V $_ n FX Reduction/Manipulation {} 73130 Hand 3+ V ,_ [] 73650 Heel 2+ V $_ n 73050 Humerus 2+ V $_ [] 73560-52 Knee 1 V $_ [] 73560 Knee 2 II $_ [] 73562 Knee 3 V $ [] 76040 Long Leg/Scanogr $ ~ [] 73592 Lower Ext/ 2+ V $_ [] 72100 L-S Spine 2-3 V $_ [] 72110 L-S Spine 5 V $_ [] 72170 Pelvis j V $_ [] 71101 Ribs 3+ V 1_ [] 73010: Scapula 2 II $_ [] 1220\1' S-1 joint L 3 V $_ [] 73020 Shoulder 1 V $_ [] 73030 Shoulder 2+ V $___ . [] 71130 Sternoclav 3 V $_ [] 71120 Stel'num 2+ V 1_ [] 72090-52 Scoliosis 1 'I $__ **************************************************************************************************************************** PREVIOUS BALHNCE $38.20 DHLANCE $ $ ,.:) (;) Co,,; {) ~ ~m' ~*~,'\"~...,,yJ***~)*I**"O*f\**.. ~~,~2. . *****f***************HH***H*****************************l********""fH-1:fh"l'."Hf 1>'t7:~.. 'il"'t'h1:' ... ~ 'lt~. 1H- ^ -;;-",\' .. ~ r--) (\~, ~ 1, I ............. ' f VIIo/I '- REFERRING DR: PATEL, KIRIT M.D. *** RADIOLOGY *** [] 73050-5:? [] 730-50 [J 73600-52 [] 73600 [] 73610 [] 75020 [] 72040-52 [] 72040 [J 72050-52 [] 72050 A-C joint, 1 side $ A-C joint Bilat 1_ Ankl', ' 'i . Ankle, 2 V 1_ Ankl" 3+ V $_ Bone Age Studies 1_ C-Spin, 1 II $_ e-Spin, FIE 2 'I 1_ C-Spine 3 V 1_ C-Spine 4+ V $_ DIAGNOSIS: }J --& c9 , TODAY'S CHHRGES AMOUNT PAID $ ck i ! cash I vi sa I II~ PHONE* 480-288-0870 *** CASTING *** [] 29065 Long Ar. Cast [] 29075 Short Arm Cast [] 29450 Clubfoot Cast [] 29345 Long Leg Cast [] 29405 Short Leg Cast [] 29740 Wedging Cast m SUP"llES *** [] Plaster [] Synthetic [] other: [] Cast Sandal [] Ace l.rap [] HI'm Sli np [] Knee Immobilizer [] Cock-Up Wrist Spiint [] Air Stirrup Splint [] Othen $ fj'Y)52. ;zr 1v ~. 7~:::-:':; FEE $- 1- $- I- I- I FEE $- '- $- $- I_ I- 1- . '- I_ I- I $- 1- .,C'.cCi'.'- -, ..~~~,..", 1" ~. ...., IC' '., ",.-~~"''',' Select Medical Corporation p.o. Box 60432 King of Prussia, PA 19406 Explanation of Benefits 1"1"1,1",1,1,.1,111,.,1",1,1.1",,11,11,,,1.,1,,,111.1.. SNYDER,SUSAN 341 West 17th Avenue Apache Junction AZ 85220 Groun and Provider Information Master/Group # 2000.2049 Group Name SELECT MEDICAL EPO PHCS Location Insured and Patient Information Insured Name SNYDER, SUSAN Address 341 West 17th Avenue City, St Zip Apache Junction AZ 85220 Provider Provider ID Provider Network AMAL JABRA 99.0036159 PHCS.PRIVATE HEAL THCARE SYSTEM Social Sec # Patient Name Patient Acct # 177 .50-6269 Jessica Snvder 316356 Iltllf.lllifllltl'illl,IrFnlllliIJlll.,IIIII.,IIIlllfllllfIIJli1~11111'lllrJllil'lll!il! DUPLICATE CLAIM 5/9/01 5/9/01 $56.00 $23.00 $33.00 36 0 $0.00 *Remarks 36 THISCLAIMALREADYCONSIDERED Check Number: Check Date: Claim Number: Benefits Payable To: Check Amount: o Monday, October 15, 2001 1127701700 AMAL JABRA $0.00 TOTAL AMOUNT CHARGED $56.00 AMOUNT NOT COVERED $33.00 ELIGIBLE AMOUNT $23.00 TOTAL DEDUCTIBLE TAKEN $0.00 DEDUCT. REMAINING IN NET. $0.00 DEDUCT. REMAINING OUT OF NET $0.00 COB AMOUNT $0.00 TOTAL DISCOUNT AMOUNT $23.00 Total Plan Payment $0.00 Employee Responsibility $33.00 Note: This is not a bill. 10172001/5291/5588 H2001276183220660:040:0 In accordance with the provision afyaurPlan, you mayaskto have your claim, ora potIion afyourc/alm raconsldersd, ra:wh~ you belwllO bene/it$ havebeenemmeous/y denied basedonlimltalioos andlorexcluslcns irI yourbenefil book, S~ltyourraque.st m writing alangwith any sllppOltinQ documentatioll, wIlhin sixly (SO} ditys af receipt to AmelIca's Choice Appeals Department POBox 60432, King af Prussia, PA 19406. A rosponselo your appeal wi/I be made, irI writing withm 30 days of the Plan's receipt af such. If you have a question regarding this claim, please contact America's Choice Hea/thp/ans at 1- 800-633-4226 or visit our website at www.ACHon/ine.com "'"",""..~~~""',;.~--~.~ .~'~~ " " . "-- "'t>lil~~':&'1 Select Medical Corporation p.o. Box 60432 King of Prussia, PA 19406 Explanation of Benefits 1..I..IIIIl.I.II.I.III...I'JlII'.lu..I'lllnil!!II..III.I.I SNYDER,SUSAN 341 West 17th Avenue Apache Junction AZ 85220 Groun and Provider Infonnation Master/Group # 2000.2049 Group Name SELECT MEDICAL EPO PHCS Location Provider Provider I D Insured and Patient Information Insured Name SNYDER, SUSAN Address 341 West 17th Avenue City, St Zip Apache Junction AZ 85220 PHOENIX CHILDREN'S 99.1912668 Social Sec # Patient Name Patient Acct # 177 .50.6269 Ryan Snyder 180043778 Provider Network Network Benefits Are Not Applicable To This Claim OUTPATIENT DIAG. 3/7/01 3/7/01 $581.05 $0,00 $581.05 4 0 $0.00 OUTPATIENT OLAG. 3/7/01 3/7/01 $20785 $0,00 $207 85 4 o $0.00 *Remarks 4 EXPENSENOTCOVEREOBYYOURP1.AN Check Number: Check Date: Claim Number: Benefits Payable To: Check Amount: o Thursday, October 11, 2001 1126900095 PHOENIX CHILDREN'S $0.00 TOTAL AMOUNT CHARGED $788.90 AMOUNT NOT COVERED $788.90 ELIGIBLE AMOUNT .$0.00 TOTAL DEDUCTIBLE TAKEN $0,00 DEDUCT. REMAINING IN NET. $0.00 DEDUCT. REMAINING OUT OF NET $0,00 COB AMOUNT $0.00 TOTAL DISCOUNT AMOUNT $0.00 Total Plan Payment $0.00 Employee Responsibility $788.90 Note: This is not a bill. 10122oo1/S348/S701 U2001239181650139:040:0 In accordance with th8 provision af your Plan, JIlW may ask Ie have )'CUTe/aim, or a pcnlon of your claim mconsidervd, for. whic~ you believe benefits have been erroneously denied based on limitations and/or exclusions in )'CUT benefit bock. Submit your request m .writmg a/DnI! with any suppc1l1ng documenlatron, wRhltl s/Jdy (60) days of mceipt 10 America's Choice Appeals Department, P 0 Bex 60432, Kmg of Pross/a, PA 19406, A r&$pCfIse 10 yourappealwfll be made, In wrIt1ngwlthln 30 days oflhe Pl8n';s mceiptof such. If you have a question regarding this claim, please contact America's Choice Healthplans at 1- 800-633-4226 or visit our websita at www.ACHonUne.com -~ ~~", " ,'~ '~o"r;';';" , " .:S~~. ~~;",-- Select Medical Corporation P.O. Box 60432 King of Prussia, PA 19406 Explanation of Benefits 1"I"I,I",I,I.,I,III".I."I,/,I",.I/,II."I...!i.,/lI,I., SNYDER, SUSAN 341 West 17th Avenue Apache Junction AZ 85220 Groun and Provider Information Master/Group # 2000.2049 Group N<:::rr.e Location Provider Provider ID Provider Network SELECT t.,~EDlCAL ::PO PHC3 Insured and Patient Information Insured Name SNYDER, SUSAN Address 341 West 17th Avenue City, 5t Zip Apache Junction AZ 85220 PHOENiX CHiLDREN'S 99.1912668 Network Benefits Are Not Applicable To This Claim Social Sec # Patient Name Patient Ace! # 177 .50.6269 Jessica Snvder 180043779 DUPLICATE CLAIM 3/7/01 3/7/01 $207.85 $0.00 $207.85 36 0 $0,00 DUPLlCA1E CLA'M 3/7 /01 3/7/01 $581.05 $0,00 $581.05 36 o $000 'Remarks 36 THISCLAIMALREADYCONS/DERED Check Number: Check Date: Claim Number: Benefits Payable To: Check Amount: o Thursday, October 11, 2001 1127000652 PHOENIX CHILDREN'S $0.00 TOTAL AMOUNT CHARGED $788.90 AMOUNT NOT COVERED $788.90 ELIGIBLE AMOUNT $0.00 TOTAL DEDUCTIBLE TAKEN $0.00 DEDUCT. REMAINING IN NET. $0.00 DEDUCT REMAINING OUT OF NET $0.00 COB AMOUNT $0.00 TOTAL DISCOUNT AMOUNT $0.00 Total Plan Payment $0.00 Employee Responsibility $788.90 Note: This is not a bill. 10122001/5345/5701 U2001269051560353:040:0 In accordan(:tlf with thfJ provision of your Plan, you may asle 10 have your c~lm, Of a portion (If JfrJur claim recom;kJered, for Whl~~ JfrJu believe benefits have been eflt.>lltKlUsly denied based on UmllBtigf/s and/or exclusions In your beMlfit book. Submlf your t8quast In writing along with any sUpPOrting cJocumanl/llion, wlthinsixly (60) days ofracsJptloAmeric:a's Choice ~ppea~s Depalfment, POBox 60432, King of Prussia, PA 194Q6,.A response Ie your appel3J wlU be made; in wrilJng within 30 days of the Plans receipt ofsuch. If you have a question regarding this claim, please. contact Amenca's Choice Healthplans at 1~ 800-633-4226 or visit ourwebsite at www.ACHonlme.com """"""",""",,,..,",, ti .~-.~ ~~ (' ~ "<> ... --' ~ !'> ~ ;;- " o ~c $~ ,.g . ~, go ;= g ~ . ~ e<.. ~~~ ~~~ -- ~~ ~ ag ~~ - = CO , ..'",f[ ~ ,:Jt~,', a a - ~ ."",,i~~ ...~~a 'J1.'5':',' :;rfi;;; t+ '- .. g..~!S) ~= ;r:=,....~ = ~ I - ~ ii: &i .', ,., "~ . >> <!l -N iU tiim(l)~ CI)'P:>'~~ III '" ~_ t---~~<:~ , -~ to OOm~1T1 Slil;)>>'ij =~O ~3 -m r;;iS ~ z di'ib... ....;~~ "<&"' ~, '"~:'; ~,F"!l\'ik_,,~k~ ~" ' - tiL << "~~Th0i RICHARD L. SHINDELL, M.D. 333 E. OSBORN RD, #255 PHOENIX, AZ 85012 602-604-8941 S TAT E MEN T PREPARED September 21, 2001 ACCOUNT #: 16710 DONALD SNYDER 341 W 17TH AVE APACHE JUNCTION AZ 85220 Amount Enclosed TO ENSURE PROPER CREDIT TO YOUR ACCOUNT ------------------<--,PLEASE RETURN TOP PORTION WITH PAYMENT-------------------- SERVICE 02-07-01 03-08-01 03-13-01 03-14-01 03-29-01 04-11-01 04-19-01 04-20-01 04-26-01 05-08-01 05-09-01 05-10-01 05-15-01 05-22-01 06-20-01 06-21-01 PATIENT JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA JESSICA CODE DESCRIPTION AMOUNT 99244 73550 73090 INS ax 99213 AUTH INS 99213 COCHK ax PHCS PHCS BX INS ax ax 99213 COCHK PHCS BX BX ax PHCS PHCS BX ax Balance Forward COMPR. CONSULT-NEW FEMUR, 2V FOREARM, 2V DOS:2.7.01 POLICY HA DOS:2.7.01 REaLD. WI INTERMEDIATE O.V. 37593 DOS:3.14.01 DENIED F INTERMEDIATE O.V. #2216 DOS:3.14.01 RESUBMIT DOS:3.14.01 CONTRACT ADJ. D08:2.7.01 DUPLICATE COVERAGE HAVE BEEN E D08:4.11.01 DEDUCTIB CONTRACT ADJU8TMENT INTERMEDIATE O.V. #2218 DOS:4.11.01 D08:2.7.01 DUP CLAIM D08:2.7.01 DUP CLAIM DOS:4.11.01 PREVIOUS DOS:5.9.01 CONTRACT ADJ. DOS:2.7.01 CONTRACT ADJUSTMENT 0.00 245.00(2) 75.00(2) 60.00(2) 0.00 0.00 75.00 0. 00 ( 1) 0.00 75.00(2) -40.00 0.00 -21. 00 -34.00 0.00 0.00 0.00 -19.00 75.00 -20.00 -21. 00 0.00 0.00 0.00 -21. 00 -34.00 -197. &0 -133.00 Continued ~" L . ^,'. "'<;~ '"'lIllil;;Jf'&M~JlJl;ji1 .. RICHARD L. SHINDELL, M.D. 333 E. OSBORN RD, #255 PHOENIX, AZ 85012 &02-&04-8941 S TAT E MEN T PREPARED September 21, 2001 ACCOUNT #: 1&710 DONALD SNYDER 341 W 17TH AVE APACHE JUNCTION AZ 85220 Amount Enclosed TO ENSURE PROPER CREDIT TO YOUR ACCOUNT --------------------PLEASE RETURN TOP PORTION WITH PAYMENT-------------------- SERVICE PATIENT CODE DESCRIPTION AMOUNT ------- ------------ ------.------ -------------------- --------- 06-21-01 JESSICA BX DOS:3.14.01 -&0.00 08-20-01 JESSICA COCHK NEED TO APPLY TO DIF 0.00 09-04-01 JESSICA CHECK CK#9489 MORGAN & MOR -27.00 MR COPIES OF MED. RECOR 27.00 09-12-01 JESSICA 99213 INTERMEDIATE O.V. 75. 00 ( 1 ) 09-14-01 JESSICA COCHK ALLOCATION OF PREVIO 0.00 JESSICA PHCS ALLOCATION OF PREVIO 0.00 09-19-01 BX BX DUP PMT DOS:3. 14. 40.00 ------------------------------------------------------------------------------- BALANCE: Cu>'.'ent 75.00 30 Day &0 Day 90 Day 120 Day 44.40 TOT A L 119.40 ------------------------------------------------------------------------------- (1) - This item has been filed for insurance (2) - This item has been denied by insurance ---------------~---------------------------------------------------------------- PAYMENT IS DUE UPON RECEIPT. THANK YOU. PLEASE PAY THIS AMOUNT -) 119.40 RICHARD L. SHINDELL, M.D. 333 E. OSBORN RD, #255 PHOENIX, I'll 85012 602-604-8941 S l' ATE MEN T PREPARED September 21, 2001 ACCOUNT 'II: 16708 DONALD SNYDER 341 W 17TH AVE APACHE JUNCTION I'll 85220 Amount Enclosed TO ENSURE PROPER CREDIT TO YOUR ACCOUNT --------------------PLEASE RETURN TOP PORTION WITH PAYMENT-------------------- SERVICE 02-07-01 1213-07-1211 03""08-01 1213~14-01 03-29-01 04-11-01 04-19-01 04-20-01 05-08-01 05-09-01 05-15-01 1215-22-01 06-01-1211 1216-19-01 1216-2121-1211 1216-21-01 1219-1214-'211 PATIENT CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CHRISTOPHER CODE DESCRIPTION AMOUNT 99243 73550 73140 BX INS 99213 AUTH INS 99213 COCHK BX PHCS PHCS BX BX 99213 COCHK BX BX BX PHCS BX BX INS INS BX CHECK Balance Forward EXT. CONSULT-NEW FEMUR, 2V FINGER, 3V DOS:2.7.01 BILL OTHE DOS:2.7.01 POLICY HA INTERMEDIATE O.V. 37599 DOS:3.14.01 DENIED F INTERMEDIATE G.V. :1*2216 00S:3.14.01 RESUBMIT 00S:3.14.01 CONTRACT ADJ. 00S:4.11.01 DEOUCTIB CONTRACT AOJUSTMENT INTERMEDIATE O.V. #2Z1B 00S:2.7.12I1 DUP CLAIM DOS:2.7.01 DUP CLAIM DOS:4.11.01 DUP CLAI DOS:4. 11. 01 DOS:2.7.12I1 CONTRACT ADJUSTMENT DOS:5.9.1ZI1 INSURANCE ADJUSTMENT DOS:3.14.1ZI1 CK# 9489 MORGAN & MO 121.00 175.00(2) 65.00(2) 50.00(2) 0.0121 0.0121 75.0121(2) 0.00(1) 0.1210 75.00 -40.00 0.00 -21.00 -34.00 0.00 -19.00 75.00 -20..00 0.00 0.00 0.00 -21..121121 -152..80 -99.00 -21.00 -34.1210 -60.00 -27.121121 Continued ",,,-_""'1" , ~-~~ ""' " ."~tilill>_ ~m"1~C RICHARD L. SHINDELL, M.D. 333 E. OSBORN RD, #255 PHOENIX, AZ 85012 602-604-8941 S l' ATE MEN l' PREPARED September 21, 2001 ACCOUNT #: 16708 DONALD SNYDER 341 W 17TH AVE APACHE JUNCTION AZ 85220 Amount Enclosed TO ENSURE PROPER CREDIT TO YOUR ACCOUNT ------.--------------PLEASE RETURN TOP PORTION WITH PAYMENT-------------------- SERVICE PATIENT CODE DESCRIPTION AMOUNT ------- -----------..... ----.....------- -------------------- --------- 09-04-01 MR COPIES OF MED REC TO 27.00 09-12-01 CHRISTOPHER 99213 INTERMEDIATE o. v. 75.00(1) 09-19-01 BX ALLOCATION OF BX & P 45.00 ------------------------------------------------------------------------------- BALANCE: Current 75.00 30 Day 60 Day 90 Day 120 Day 38.20 l' 0 ,. A L 113. 20 (1) - This item has been Tiled Tor insurance (2) - This item has been denied by insurance -~------------------------------------------------------------------------------ PAYMENT IS DUE UPON RECEIPT. THANK YOU. PLEASE PAY THIS AMOUNT -} 113.20 . . RICHRRD L. SHINDELL, M.D. 333 E. OSBORN RD, #255 PHOENIX, AZ 85012 602-604-8941 S TAT E MEN T PREPARED September 21, 2001 ACCOUNT #: 16709 DONALD SNYDER 341 W 17TH AVE APACHE JUNCTION AZ 85220 Amount Enclosed TO ENSURE PROPER CREDIT TO YOUR ACCOUNT --------------------PLERSE RETURN TOP PORTION WITH PAYMENT-------------------- SERVICE 02-07-01 03-07-01 03-08-01 03-14-01 03-29-01 04-11-01 04-12-1211 05-15-01 05-22-01 06-04-01 06-20-1211 09-04-01 BALANCE: PATIENT CODE DESCRIPTION AMOUNT RYAN RYAN RYAN RYAN RYAN RYAN RYAN RYAN RYAN RYAN Balance Forward EXT. CONSULT-NEW CLAVICLE, 2V FOREARM, 2V D08:2.7.01 REBLD. WI DOS:2.7.2001 EXHAUST INTERMEDIATE O.V, 37597 D08:3.14.01 DENIED F #221& D08:3.14.01 CONTRACT ADJUSTMENT FIRST PARTY COVERAGE DOS:2.7.01 DUP CLAIM DOS:2.7.01 PREVIOUSL DOS:2.7.01 CONTRACT ADJUSTMENT DOS:3.14.01 ALLOCATION OF PMT CK# 9489 MORGAN & MO COPIES OF MED TO ATT '" 0.00 175.00(2) 55.1210(2) 6121.00 (2) 0.121121 0.00 75.00(2) 0. 00 (1 ) 0.0121 :"'20.00 -47.00 -23.00 0.00 0.00 0.00 -189.0121 -81.0121 -21. 1210 16.00 -27.00 27.00 RYRN 99243 731211210 73090 BX IN8 99213 AUTH INS CHECK BX BX INS BX BX BX ax INS ~1I SC CHECK MR RYAN RYAN RYAN RYAN RYAN C'~rrent 120 Day l' 0 TAL 0.121121 r,;~' 30 Day 60 Day 90 Day .:::' (1) This item has been filed for insurance (2) - This item has been denied by insurance (::: t:::: ~:':':':': AYMENT IS DUE UPON RECEIPT. THANK YOU. PLEASE PAY THIS AMOUNT -) 0.0121 ~,o ~ , '"'''llll~~n ~l ',,'.- "~'''~'l'l-~~:{" S TAT E MEN T ARIZONA INSTITUTE OF MEDICINE & PEDIATRICS 1056 SOUTH VAL VISTA DR STE 2 (480)981-8650 Account No.: A3343 Statement Date: 10/01/01 DONALD SNYDER 341 W 17TH AVE APACHE.JUNCTION 85209 Date Patient Description OFFICE OUTPAl lENT VISIT NEW 05/08/01 Billed to patient $176.00 06/21/01 BCBS INS PAYMENT $91.52 06/21/01 BCBS CR ADJ $61.60 06/21/01 Billed to patient $22.88 Page 1 of 2 Billed to Charges OTHER 176.00 Pat Resp. 22.88 C1/29/01 JESSICA ~~~ ~ ~ ~ ~~ ~ ~ ~ ~W~,,___ ~ ~_~w~ _~__~~__~_~ ~ ~ ~ ~_ ~www~_~__~~~ ~__~~~__~ ~~ _M ~ ~ ~~ ~ ~~ ~ ~~ ~ ~~ ~ ~M _~ ~~~~ ~~ ~ ~ ~~~~ 01/29/01 CHRISTOPH OFFICE OUTPATIENT VISIT NEW 05/08/01 Billed to patient $176.00 06/21/01 BCBS INS PAYMENT $109.40 06/21/01 BCBS CR ADJ $61.60 OTHER 176.00 5.00 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - ~ - ~ ~ ~ ~ _ ~ ~ * _ _ ~ ~ ~ ~ ~. ~ ~ ~ ~ ~ _ ~ _.. ~ ~ M _ _ ~ _ ~ w ~ ~ w ~ ~. _ ~ M ~ ~ ~ ~ _ _. ~ ~ _ _ _ ~ _ ~.. ~ _ ~ ~ _~. ~ ~ _ _ ~ ~ ~ ~_ 01/29/01 RYAN OFFICE OUTPATIENT VISIT NEW 05/08/01 Billed to patient $176.00 OS/24/01 BCBS INS PAYMENT $109.40 OS/24/01 BCBS CR ADJ $61.60 OTHER 176.00 5.00 03/02/01 JESSICA OFFICE OUTPATIENT VISIT EST 05/18/01 OTH INS PAYMENT $21.00 05/18/01 OTH CR ADJ $33.00 05/18/01 Billed to patient $20.00 OTHER 74. 00 20.00 03/02/01 CHRISTOPH OFFICE OUTPATIENT VISIT EST 05/18/01 OTH INS PAYMENT $21.00 05/18/01 OTH CR ADJ $33.00 05/18/01 Billed to patient $20.00 OTHER 74. 00 20.00 Account No. A3343 Date 10/01/01 Pat i ent Balance CONTINUED PLEASE PAY THIS AMOUNT--> CONTINUED FOR QUESTIONS. CALL LYNN AT 480-981-8650 X 232 IF MEDICARE CALL BEFORE PAYING SECONDARY BALANCE. YOUR ACCOUNT IS SERIOUSLY PAST DUE. WE WOULD APPRECIATE PROMPT PAYMENT. Please M3!! p":n;, \.tbetk Toti,,;J ~! S TAT E MEN T ARIZONA INSTITUTE OF MEDICINE & PEDIATRICS 1056 SOUTH VAL VISTA DR ST[2 (480)981-8650 Account No.: A3343 Statement Date: 10/01/01 DONALD SNYDER 341 W 17TH AVE APACHE,JUNCTION 85209 Date Patient Description Page 2 of 2 Billed to Charges Pat Resp. 03/02/01 RYAN OFFICE OUTPArIENT VISIT EST 05/18/01 OTH INS PAYMENT $21.00 05/18/01 OTH CR ADJ $33.00 05/18/01 Billed to patient $20.00 OTHER 74.00 20.00 Account No. A3343 Date 10/01/01 Patient Balance 92.88 PLEASE PAY THIS AMOUNT--> 92.88 FOR QUESTIONS , CALL LYNN AT 480-981-8650~X 232 IF MEDICARE CALL BEFORE PAYING SECONDARY BALANCE. JOUR ACCOUNT IS SERIOUSLY PAST DUE. WE WOULD APPRECIATE PROMPT PAYMENT. Please Mail 'lotir \ Check Tod:iW ~! f:"' r:: -~-""~-"'~ ' =.... , ~ , "~ .- ~ " F-AST VALLEY DIAI3i\IO~iTIC IiVIAt:iIW;J PO BOX 52555 f'HOEN I X (.~ Z 8::-iO 7~'2 . (480) 54~5,ww9779 O~=t/~28iO:i. f:~C:COUi\iT NUr"lBER:; Ob00:2509 B?\LANCE DUE: $82.88 AMOUNT F:Er1 ITTED_,,__,____ F'LEf.~SE: Cl--.!E:C!{: _ww_MASTERCARD ___VISA Cf:\RD NUt1BEFi: ;; ___.__...____.____ EXPIRATION DATE CARDHOLDE:T~ N{~f\'fE : .__________. ~1 ICif-.!t~\ TUi=\;E: : CHRISTOPHER SNYDEr;: 34i. ~i i. 7TH AVE APr~CHE .JeT ~~z !-J~5:;220 F'ATIENT:: CHF\:ISTOPHEfo\: Si\IYDER FDF~ SERVICES F-;:ENDERED AT :!;P~~CHE .JeT.. !r"lAGING CTR _.....~_,.__ ~~._....M_ ..____..~. M'~"'_"'~___"____~~'" ~..._ __w _"M'M_"_.~_.... _'_"__"__'~M' _.__ _"_"'_M...___ __.. .WM_.. __..__ "__'_M_M__ ___._ ~ !THIS IS VOUH FINAL NOTICE!: :::;:::::~:::::::::::::::::_.:::::::::::::::::::::;::::::::-~7.::;:::;;::::::~;::::::::::::::::~':::::::::::::::=:::::=::::::::'~ OUR RECORDS INDICATE: THf~T THE ABOVE: {~CCOUNT WILL BE SENT TO r.:; COLLECTION AGENCY IF (.oJE no NOT RECEIVE IM~lEDIATE PAYMENT. THIS) MAY AFFECT YOUR ABILITY TO 013T,!\IN FUTURE CREDIT. WI:". UF~GE YOU TO CONCLUDE THIS ['i,HTER BY PAYING THE BALANCE DUE ON YOUR ACCOUNT IN FULL WITHrr..., TEN (10) DAV8.. YOUR ACTION !\lOW {.LJ!L.L CERTAINLY EL.IMIN0lTE FUTURE COL.L.ECTION j:~CTIVITV~ ~ ~FINA.L f''\tOTICE! ~ ::::: :::;:::::: :::::::::: :::::==::::::::;:::::::::::~:::::: =~':.~::::: EAST V:!-iLLEV DIAGNOSTIC 1:t"If7~GI!\I(:':; EI\!T~ CHF\;!STCiPHf.::Fi; SI\fYDER PO BOX 52555 ACCOUNT~ 0600:2509 PHOEi"-.tIX ~:xz 8507'.2.B?\LANCE DUfi~:~ $8:;;:':..88 CLi8TOt"1EH SERVICE HOUREi: OFFICE PHONE: 9:00 A..M. - 3:00 P..M. (480) 545--977<1 [-10N -, FR I ~" -~"",_,,~Zdl"'_l ....J ~'"~ _~~l1Irt ." Select Medical Corporation P.O. Box 60432 King of Prussia, PA 19406 Explanation of Benefits 1..1..1,1",1.1"1,111..,1.,,"',1..,,11,11,..1,,1..,111.1,, SNYDER,SUSAN 341 West 17th Avenue Apache Junction AZ 85220 Grou and Provider Info ation Master/Group # 2000.2049 GiOUp Nama SELECT MEDICAL E?O PHCS Location Provider Provider 10 Insured and Patient Information Insured Name SNYDER, SUSAN Address 341 \^Jest 17th Avenue City, St Zip Apache Junction AZ 85220 Provider Network S 0 MOSS 99.1932214 PHCS.PRIVATE HEAL THCARE SYSTEM Social Sec # Patient Name Patient Acct # 177 .50.6269 Jessica Snvder P022630963 PRIMARY CARE OFF 9/10/01 9/10/01 $146,00 $47.00 $0.00 '>>~:~;:f((IIIJI 1;1._III~'!til;11111Iflll_Jlll1'11f1111"'~~lllf'IIII'1:~ 15 100 $79,00 *Remarks 15 MEMBER'S COPAY APPUED Check Number: Check Date: Claim Number: Benefits Payable To: Check Amount: 37464 Thursday, October 04, 2001 1127601172 S D MOSS $79.00 TOTAL AMOUNT CHARGED $146.00 AMOUNT NOT COVERED $0.00 ELIGIBLE AMOUNT $146.00 TOTAL DEDUCTIBLE TAKEN $0.00 DEDUCT. REMAINING IN NET. $0.00 DEDUCT. REMAINING OUT OF NET $0.00 COB AMOUNT $0.00 TOTAL DISCOUNT AMOUNT $47.00 Total Plan Payment $79.00 Employee Responsibility $20.00 Note: This is not a bill. 10052001/3581/3873 H2001274182210032:040:0 In BCCMtance wIfh the provision of your Plan, you may inN to have yourc/alm, or II potfion ofyourc/aim roccm$idered, forwhkh you believe b6n6Iits haveb6ene~d9n1ad ba~don limillllionB ilndIorexclU$/oM inyourbenetitbook. Submityaurroque#1n wriling lllongwith Ilnysuppofting documentation wilhlnsbdy (60) daysofIBCSipttoAmerica's Cho/ceAppellls Departmsnf. POBox 60432, KlngofPrussfll, PA 194C8. A respome to your 1l"Pm1 wiN be made, In wr/IJng y{ilhln 30 days of the Pllln's recsipI. of such. If you have a question regarding this claim, please contact Americas Choice Healthplans at 1M 800-633-4226 or visit our webs<<e at WWW.ACHonUne.com ~ ~.=.".,~.d"'" - ^. I "~ Select Medical Corporation P.O. Box 60432 King of Prussia, PA 19406 Explanation of Benefits 1..1..1,1..,1,1..1,/11".1,..1.1.1..,,11,11...1.,1..,/11,1.. SNYDER, SUSAN 341 West 17th Avenue Apache Junction AZ 85220 Groun and Provider Intannation Master/Group# 2000.2049 Group Name SELECT MEDICAL EPO PHCS Location ^ Insured and Patient Intannation Insured Name SNYDER, SUSAN Address 341 West 17th Avenue City, SI Zip Apache Junction AZ 85220 Provider Provider ID Provider Network S D MOSS 99.1932214 PHCS.PRiVATE HEAL THCARE SYSTEM Social Sec # Patient Name Patient Acct # 177 .50.6269 Ryan Snyder P022629967 9/10/01 9/10/01 $146.00 $47.00 $0,00 ,'illllll.,:.., 15 100 $79.00 *Remarks 15 MEMBER'S COPAY APPUED Check Number: :;heck Date: :Iaim Number: ~enefits Payable To: :heck Amount: 37465 Thursday, October 04, 2001 1127601173 S D MOSS $79.00 TOTAL AMOUNT CHARGED $146.00 AMOUNT NOT COVERED $0.00 ELIGIBLE AMOUNT $146.00 TOTAL DEDUCTIBLE TAKEN $0.00 DEDUCT. REMAINING IN NET. $0,00 DEDUCT. REMAINING OUT OF NET $0.00 COB AMOUNT $0.00 TOTAL DISCOUNT AMOUNT $47.00 Total Plan Payment $79.00 Employee Responsibility $20.00 Note: This is not a bill. 10052001/3579/3873 ;,' H200127 4182210031 :040:0 if' scco<<JafICfJ wl/hthg provisiDII ofyourPll1n, you msyaJ1ktohava your~ ~a portionofyour(J/a(m tsCOnsidered, tor,Whk;hyou believa )nefif$ have bean fWOMOU:1Iy fIenled basedon limiIalicns amllorexcluSlal/$ If1 your benefit book. Submlf your mquest /f/ w1itJng alongwllh $1lpPCftill\1~ wilhIn$iJ(fyi6<l.l dBy$ofAlCelp!loAmeti<<t~ChdiceAppaaIsDepallment, PO Box ti0432, KingofPrussla, PA ~. A nnp(}nJ1lJ to yourappealwllJ be made,/n wtiting witt1In 30 days of the Plan'J1 frJC6/ptofsucfl. you have a question regarding this claim, please contact Ametics's Choice Healthplans at 1- ?D-633-4226 or visit our webs<<e at www.ACHonUne.com .' , " < .'". . _,,1 ~; ~~~'...r-' ~~!:: ~I".i -;1$ P2 ~~ ~ji l:!~ ..~ ~. ~ t; r~ ',~~~ G;' ~~i\~~~l ';;;:1 f:",~ ~i::: 1;",";1 ~..~.:.- .,...... ._1, ....... 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":'-i <~ ..t3 r,~-;l ~.:r ;'::l" :~3',~~ ,,"::: c.t'~ I~,m- ~,<\ ;~: . ;-;,.<1 O:~:, ,-' ?>'%t:i ' ~ ;:jr.=~ '~:~~ ;ff~~ 1.01:..1 ,- ~i'i. ...~ : ~'" ..... .Zl,-Io::.... ,t~ ~~~, ~~, l.:,<. .:~;:: ,rr.;, ~' , ~5 '1::1- (~ r,::Ct' r~~' ~'"El .~ n:~ g; (".;-~ ,"'>:C., ~'!;U "L'i;;,' 1...... ,..., .~~... -',-\ ,~~ '..JC";:""" ,,~;<.~ I:~.J , '~',::! .gs. ~~: ~-:;s :~i; IS;;, ''.I''J, 'f?J !-:, 5~~\::::' ~i ~~ \~, .t~~.,: :f.;: (.,,- ,~".. L.l..' \:...:' VC: V- f.~ l...... "."-' .;;~"~~ i~; ,~' I~i .-.x;; 1.:..'.,."1 1-" ~_ ~~,',: 1~M\ ,:,~1~ !i: ,::;;;. .t..r.,i. ~::~ r3 ..:.;:;; ""..:;' :;:: ~'~2' ~,I~~ ~, f~Is ~}~~ ,,:r.:: ~-=~~}; .,,\ ".1~'; -0"" l'(~1 'i~:; : ~,;~~ . "' .,..l '(,C - ;""" ,.f.,,' \..... ".:::;r ...J ~:t. ;;~ I~ ,-" ~o''''' ~. .tJ. f'5 ;:g t~,f5 ;a2 ,~E ;~ ..:.-:"X; :?' ~~~t::; c::;:t l_>"l.::::':l ..-,:~t L,-I !~^~ q.::> ;,.>.J1:.r.;';'':: ~:;::~, ~;~21-'- ~~ I;;';' f:~5.: i~ ~;'f1,[ti: ;_~ !"_ \0Ll. ,:'J:.:: '.::.;,;:;' ;;~:_", ~::&;fu1i ~ ~~ \i1 ;:...:>;\\::' ";"->1 ;,:;;::~, ,~,_\ '5 ,- \R' , >- 1;:1- .::> , ,r..:.~ ~ ~~;:: ~ :::=.c ,~ i= ,\): g C1' tic 'i :fE 'i :~ (l~~ !f~ ._Qi' i2 ~[ , .,i.~.g;~ ___.i}.~f~ ~;_:1 , ' :) v;, ~~~~ ! "\ , I i l ~ .'~ , t, . ~ \ ~~ , ,;...;, ; ,,;.... . l:::L_ I I::::> :,: .l.f ~; \~ ['~,rl'r ' f.:::;l I j>,j ,';'c) .'\.,,- \' '~' , \ ~, ..' . ~l~:hf:} ~~';j~ .,,~~'f:s '. ~:~ ~~,' , C"-.l '.''''': [-,:.,. : .~ -,;:'k~.~,,,,,,,-,,,,,,~"-" ",...~-'~-=~~.."""""~" 0, ~-~ ~"""~ ~='= '" , . - ~ l' !ll.mil~""i INTERWEST HOME MEDICAl Cl'lRPORATB BILLING OFFICE 235 E 6100 S SALTLAKECl1Y, UT 84107-7349 (800)444-0900 (gOI) 261-7144 VISA D ffi) D .. D [-"'.'~'''''I D -- ::~.,." STATEMENT CARDHOLDER SIGNATURE 09/28/01 12465 0.00 INTERWEST HOME MEDICAL - AZ 2606N16mS1RBET X PHOENIX, AZ 85006-1403 (602)253-4116 PRINTED NAME ON CARD EXPIRATION DATE.. / / 3-148 ............AUTO..3-DIGIT 852 ADAMS, JOHN 341 W 17TH AVE APACHE JUNCTION, AZ 85220-7516 11"1"1,1",1,1"1,111",'".1,1,1,,,.11,11,,.1,,1,,,111,1,,1 PLEASE REMIT TO: INTERWEST HOME MEDICAl- ARIZONA 2606 N 16TH STREET PHOENIX, AZ 85006-1403 11"1.,1,1.11,.,11",.11"",11,1"111,.,,,11.11,,,,1'"1,,,11 PLEASE REMOVE AND RETURN THIS PORTION WITH YOUR PAYMENT 01/22/01 097599 RENT BED SEMI ELEC W/S RAIL & MA 161.00 161.00 NAME:SNYDER, JESSICA 01/22/01 097599 RENT WALKER FOLDING W/WHEELS 25.00 25.00 NAME:SNYDER, JESSICA 01/22/01 097599 RENT WLCHR REC DETATCH ARM FTRST 165.00 165.00 RECLINER DETATCH ARMS FOOTRESTS NAME:SNYDER, JESSICA 01/24/01 097602 RENT STATIONARY COMMODE 26.00 2.6.00 098046 NAME:SNYDER, JESSICA 02/22/01 RENT WLCHR REC DETATCH ARM FTRST 165.00 165.00 RECLINER DETATCH ARMS FOOTRESTS NAME:SNYDER, JESSICA ao-DAYS 0.00 0.00 90-DA YS 542.00 0.00 542.00 0.00 09/28/01 This statement is for your records. If applicable. your insurance provider has been invoiced. Please follow up with your inSllmnce company to insure proper payment. If we have nol received paymenl within 90 days from the dale of service,. you are expected to pay the full amoum. ~!IIIIIII~ ....,..,...,."..,'.....,..,..,..... .'..:...'................'.......'.........'.....',.,...,.,.,.,. 0.00 I ~- , I ." . . I Home Care Equipment & Supply [ I',' " ~., " I Proje.\'sionals Who Care , ~""'""""';"_^"' ~,.- ~,,-,~ ,. ' Wl>>l- - ~~, ~~ ,- '~, P'"" _0....,.,.__.""""""" -~.." ""<<:l~ait"W~0iJi:Ii!lt\WJ;;.&J0-"'-'''' ~TERWEST HOME MEDICAL uuRPORAlE BILIJNG OFFICE 235 E 6100 S SALT LAKE CITY, UT 84107-7349 (<<06)444-0900 (801)261-7144 VISA 0 P.:A:Sl 0 mmm 0 l"'"-''''''' I 0 ~ __ ,':~'''.b T CREDIT CARD NO. STATEMENT CARDHOLDER SIGNATURE 09/28/01 12814 0.00 INTERWEST HOME MEDICAL.. AZ. 2606 N 16TH STREET PHOENIX,AZ 85006-1403 X (602)253-4II6 PRINTED NAME ON CARD EXPIRATION DATE.. / / 3-150 ----AUTO-3-DIGIT 852 ADAMS, JOHN 341 W 17TH AVE APACHE JUNCTION, AZ. 85220-7516 11"1"1,1",1,1"1,111",1,,,1,1,1"1',11,11,,,1,,1,,,111,1,,1 PLEASE REMIT TO: INTERWEST HOME MEDICAL - ARIZONA 2606 N 16TH STREET PHOENIX, AZ. 85006-1403 11"1"1,1,11",11""11"",11,1,,111,,,,,11,11,,.,11,.1",11 PLEASE REMOVE AND RETURN THIS PORTION WITH YOUR PAYMENT 01/24/01 097608 RENT WLCHR SANDARD DET ARM FTRST STANDARD DETATCHABLE ARMS FTRSTS NAME:SNYDER, CHRISTOPHER I 11_....:......:.:.........,.....,...........,........ .....,...................i..~.........~.,.:.........,~....:......~\;l:lj:l:.iE..~,........,~...........r............:......i............. iliil'i~I ............'''N... 63.00 63.00 60-DA YS 0.00 0.00 90-DA YS 63.00 0.00 63.00 0.00 09/28/01 This statement is for your records. If applicable, your insurance provider has been invoiced. Please foIl_ up with your insumnce company to ins"m proper payment. If we have not received payment within 90 days from the date of service, you are expected to pay the full amount. I....... ~&l.M ....., :;;::::;;:;:;:;m;m:;;;:;:;:;:;;;:: :::::::::H:~~:;;::::':::::::: 0.00 I l ~~ I ~. . Home Care Equipment & Supply I IllJ11 1'1', II,.,', . Prqfessionals Who Care . ,~ " , I, L"'" , "~"",j!: , . CONSENT TO SET1LEMENT Donald Snyder states that he is Plaintiff and parent and natural guardian of minor Plaintiffs Christopher Snyder, Ryan Snyder and Jessica Snyder in this matter, and that the statements made in the foregoing Petition for Approval of Minors' Settlement are true and correct to the best of his knowledge, information and belief He understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. :>' ~. Donald Snyder, Pa t Natural Guardian of Christopher Snyder, Ryan Snyder and Jessica Snyder, Minors EXHIBIT "J!!' ,",' ~~'-liJ"'- 'lil~.MIi~i1Q\~1JjmTj'b!i1>"r'liii;:_;;~&t&;;'~~iO~~ffi,r~_.ii1t~M_-~' ""'-':llldWli .k~,"~,;,"~,....",o""c-"-,,,,' 1lP :JJ1 k,~l'!!.4i' ~ 0 ~ ~_J!IL._. II J " ,~, ,. ==.-,,". ,~, ~ '-, ,~, ~.~_." ."," ~," '. ,~ '~,,~. . . Q C'~ ~;-,-.; !~ -, rp J 1 ;~, L; .-~-' ) ~ , (f.i f ., 5i ~ -.:;e- \. .."'-. .-"--,- (=',' ~- c ~-? u ;.~~ ~. -.-1 ,:11 -<. {,..-.J -<. . . . ., ~ .," -, '<"', '..,', -x'.' '~<l'(,i~: MORGAN & MORGAN, P.e. BY: MELISSA MERRITIS RIVERA, ESQUIRE IDENTIFICATION NO. 70303 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYAN SNYDER and JESSICA SNYDER, Minors, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-3259 Civil CIVIL ACTION - LAW v. JURY TRIAL DEMANDED JOHN P. SULLIVAN and FRANK J. SULLIVAN Defendants ORDER AND NOW this "'l~tI. day of -1.-c.1a , 2002- , :=r, the within petition is approved, and is hereby ordered and decreed that the subject settlement is approved for the sum of $160,000.00, which shall be distributed as follows: A. $1,526.53 to Morgan & Morgan, P.C. to be used to reimburse it for advances made on behalf of Plaintiff; B. $40,000.00 to Morgan & Morgan, P.C. as compensation for professional services rendered; C. $45,960.08 to Jessica Snyder, which sum of money shall be placed in a federally insured interest bearing savings account or other approved institution pursuant to 42 Pa. C.S.A. 2039 and payable upon Order of Court or when Jessica Snyder reaches majority. The account will be marked accordingly. Jessica's social security number is 201-72-4565. eo,"""' ~'"'"~ ''1i~li4il:ill1~Jli!~~'''i~lm4.""",'N:ill<lij~~,;g;;HWf.!';&'~1mj:l!lr._~~~ ..' <~,~, .~~!f.FJ1~IJii:t'" i -rt o . -p r f ~~ t , ~ "" , \.> ~ 1l""~",__,,-..,.,,,,~,_~~ - - ,.- ,,~ ~.,.."<- '-^","'~,~ ,~& ~, , lip i \ L~ '.! \tii\:\/j\-U,--'3i\!N:id : ;~; :UI ! ,;\' , ,!',I ", ) , ~ilIiIiili ~" ~ 1 " ~"' "'-.~ , J . ';', , '-- ,,~,'., k' '~$&'~" D. $46,059.60 to Ryan Snyder, which sum of money shall be placed in a federally insured interest bearing savings account or other approved institution pursuant to 42 Pa. C.S.A. 2039 and payable upon Order of Court or when Ryan Snyder reaches majority, pursuant to 42 Pa. C.S.A. 2039. The account will be marked accordingly. Ryan's social security number is 167-72-1582. E. $23,418.63 to Christopher Snyder, which sum of money shall be placed in a federally insured interest bearing savings account or other approved institution pursuant to 42 Pa. C.S.A. 2039 and payable upon Order of Court or when Christopher Snyder reaches majority, pursuant to 42 Pa. C.S.A. 2039. The account will be marked accordingly. Christopher's social security number is 175-68-7686. F. $3,035.16 to Donald Snyder, parent and guardian of the minors named in this petition, for medical bills paid out of pocket. Plaintiff, Donald Snyder, parent and guardian of minor Plaintiffs, is hereby authorized to execute a release to the Defendant and its liability insurance carrier on behalf of Jessica Snyder, Ryan Snyder and Christopher Snyder. , t " III p, o.crf cJ tl.. J "Ir~.t~ "1'" ).tt'&.d "-e,)cuJ)d., .c.~ ( be. ~"'-ff", f.I,J w,~ ftf. l...u~. , . . BY THE COURT: J. ~"-"lM""",,,_"'~'~'~~.~~ ~. MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 '..; ",~,,' """ ""^',~ '~~"itil!k'" ATTORNEYS FOR PLAINTIFFS DONALD SNYDER, Individually, and as Parent and Guardian of CHRISTOPHER SNYDER, RYANSNYDERaoo JESSICA SNYDER, Minors, Plaintiffs v. JOHN P. SULLIVAN and FRANK J. SULLIVAN Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 01-3259 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter settled, discontinued and ended upon payment of your costs, only. DATED: April 16, 2002 MORGAN & MORGAN, P.C. ~~~",W-~M~"'~4i!!~,,!~,' ""~i,:i1";i:j:~~'bJo;;";""',","'J.);'it",,"",,,'~;,~'-l-",,,, ""~";;!' "_,'&".i;,,>~;j~~,,;,,';;,i,~~~)ij-(-';';;jj:;~~~i~i'l~~!/j;;~*,,,"~*,,:M-%1tljJ~~~ o c: :<"" -oct mr-r-: 2::.C ~~; '- . :2:c ~C< Pc Z ::(l ~~r Hlj !, ~~"~ Cl "'-' "'" '.", :;;>;1 9, ',', ,_)1--, <~~,~-:J "~~ 7'("') OfTl 11 :n -< -.J ---:i W ,:::> c.n m