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Home My WebLink About01-06515 >~, ~~ ,~< ~""'- . "~I J*lJ J ,~"""'_ ,~ fit "" "'-'~li~~,-~, , HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERL Y DUNCAN in her own right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 0\ - fe,,:;I-S C(o'~lT~ CIVIL ACTION - LAW vs. JOHNNY K'S, INC., JOHN KRITIKOS, individually and t/d/b/a JOHNNY K'S, Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Johnny K's, Inc. 6437 Carlisle Pike Mechanicsburg, P A 17055 -and - John Kritikos, individually and t/d/b/a Johnny K's 6427 Carlisle Pike Mechanicsburg, PAl 7055 -and- 50 Hoover Road Carlisle, P A 17013 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 Plaintiffs. You may lose money or property or other rights important to you. Document #:219712.1 . - ~ ".. I, , ~ ~.~"" ~ ~ j "",'- ~. . """~.,,., ,,' '~~--,~,,-q,,' YOU SHOULD TAKE TIllS 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, P A 17013 (717) 249-3166 or (800) 990-9108 Document #:219712.1 ~"""'liI>b,"~<,,",,> .~ ~ o . .~~~~..~ =~", ~ " I, -- .1 "lRm1 "',' ~ ~"' [L!.Jjl~d~;j#p'~C~ HALlE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- ~[;!S Cw~L J-0"Lf CIVIL ACTION - LAW vs. JOHNNY K'S, INC., JOHN KRITIKOS, individually and t/d/b/a JOHNNY K'S, Defendants JURY TRIAL DEMANDED CIVIL COMPLAINT 1. Plaintiff Kimberly Duncan is an adult individual residing at 321 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff Kimberly Duncan is the mother and natural guardian of minor Plaintiff Halie Duncan, who resides with her and who is 15 years old, having been born on December 9, 1985. 3. Minor Plaintiff Halie Duncan has selected Plaintiff Kimberly Duncan, as her mother and natural guardian, to represent her interests in this action. 4. Defendant Johnny K's, Inc. is a Pennsylvania corporation with a principal place of business at 6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. Defendant John Kritikos is an adult individual who resides, on information and belief, at 50 Hoover Road, Carlisle, Cumberland County, Pennsylvania 17013. 6. Defendant John Kritikos owns the property at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055 and trades and does business as Johnny K's. Document #: 219712.1 "'mn,.... ~ << I." " ~~~~" ~~ __~ ,.l " ,~ ,_.~ lli~ ~~' '~MI.ltBif;~fl'.':'",,~,', 7. On August 19, 2000, Plaintiff Halie and Kimberly Duncan were involved in a two-car accident caused by Joel Cummings on the Carlisle Pike (U.S. 11 North) in Hampden Township, Cumberland County, Pennsylvania. 8. The accident occurred when Defendant Joel Cummings swerved into the right lane in an attempt to pass the vehicle in front of him in the left lane and crashed into the rear of adult Plaintiffs vehicle pushing her vehicle into the rear of a third vehicle, which then was pushed into the rear of the fourth vehicle. 9. Following the collision between the vehicles, Joel Cummings fled the scene ofthe accident, failed to stop for steady red lights and eventually was apprehended by the Silver Spring Township Police. 10. Joel Cummings was visibly intoxicated when he was apprehended and was placed under arrest and charged with numerous offenses, including driving while under the influence of alcohol, accidents involving death or personal injury, violation of traffic control signals and other offenses. II. Following his arrest, Joel Cummings was administered a breath alcohol test with a result ofa 0.162% blood alcohol content. 12. On February 20, 2001, Joel Cummings, with representation by counsel, pled guilty to driving under the influence of alcohol and accidents involving death or personal injury and was subsequently sentenced for these offenses on April 3, 2001. 13. On April 24, 2001, Plaintiffs filed a Civil Complaint against Joel Cummings which is pending in the Court of Common Pleas of Cumberland County at Civil Action - Law, Docket No. 2001-2398. -2- Document #: 219712.1 ~ ~ ,-",- ~~ ~ ~ - ~.~~ I~J ='=-. ~ J " r~' ~;~',", ," """.., 0" " f.n!jj&\,!,-tbi)tiF.;.,Q;'i 14. On September 11,2001, Plaintiffs' counsel took the telephone deposition of Joel Cwnmings, in the presence of his counsel, to, in part, verify his identity and to investigate the issues of his alcohol consumption and intoxication. 15. During the aforesaid deposition, Joel Cummings testified that he was consuming alcohol at a bar located on the Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania on the date of the accident but didn't remember the name of the bar. 16. On October 22, 2001, in Cwnmings' Response to Plaintiffs' Second Set of Interrogatories, Cummings further specified that he was consuming alcohol at Defendant establishment ("Johnny K's") located at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania on August 19, 2000. 17. During the aforesaid deposition, Joel Cummings testified that he was consuming alcohol from approximately 3:00 p.m. to 5:00 p.m. on the date of the accident on August 19, 2000. 18. During the aforesaid deposition, Joel Cummings testified that he had consumed on the date of the accident "one too many." 19. During the aforesaid deposition, Joel Cummings testified that he cut himself off because he was getting blurred vision. 20. Shortly after he left Johnny K's, Joel Cummings caused the aforesaid accident. - 3 - Document #: 219712.1 ,c",.."',.~"~"'~ .~ =".~~, - "' -..~~~ I.., , ~idl'jil ""~' c.. , di:1.il~t.: COUNT I - NEGLIGENCE Plaintiff Halie Duncan v. Defendants 20. Paragraphs 1 through 19 hereof are incorporated herein by reference as if fully set forth. 21. At all relevant times hereto, the Defendants were in the business of furnishing liquor, malt and/or brewed beverages, and on information and belief were licensed to do so, to customers and clientele at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 22. The Defendants individually and/or acting through their employees, servants and/or agents, sold, furnished and/or gave the aforementioned liquor, malt and/or brewed beverages to Joel Cummings and/or permitted the aforesaid beverages to be sold, furnished or given to Joel Cummings while he was visibly intoxicated. 23. The Defendants acts in selling, furnishing and/or giving liquor, malt and/or brewed beverages to Joel Cummings while he was visibly intoxicated violates the Liquor Code including 47 P.S. g4-493(1) and g4-497 (hereinafter "Dram Shop Act") and constitutes negligence per se. 24. The Defendants acts III selling, furnishing and/or giving liquor, malt and/or brewed beverages to Joel Cummings also were negligent in that they should have known based on his condition that he should not be served with such alcohol and/or based on the knowledge that he would be operating a motor vehicle after leaving the establishment: 25. As a direct and proximate resultofthe violations of the Dram Shop Act and/or the negligent acts of Defendants individually and/or acting through their employees, servants and/or -4- Docuf1lent #: 219712.1 ~",,=,,--,," .""'~-~- -- . ,~ , ,. ,,,-- ""iUj _.~...-- ';l'.i~~*"",="""''''J, agents, acting within the scope of their authority, Plaintiff Halie Duncan suffered the following injuries and/or damages: (a) Personal injuries some of which are or may be permanent, which are or may be an aggravation and/or exacerbation of pre-existing conditions and which include, but are not limited to, the following: (1) Trauma and injury to her back; (2) Trauma and injury to her neck; (3) Trauma and injury to her arm; and (4) Trauma and injury to her head. (b) Past, present and future physical pain, mental pain, discomfort, inconvenience, distress, embarrassment and humiliation, present, past and future loss of her ability to enjoy the pleasure's of life and limitations in her pursuit of daily activities. WHEREFORE, Plaintiff Halie Duncan demands judgment in her favor and against the Defendants, either individually and/or jointly and severally, for the aforesaid damages, which exceed the limits for compulsory arbitration in Cumberland County and demands costs, interest and/or damages for delay against Defendants as allowed by law. COUNT II - NEGLIGENCE Plaintiff Kimberlv Duncan v. Defendants 26. Paragraphs 1 through 25 hereof are incorporated herein by reference as if fully set forth. 27. At all relevant times hereto, the Defendants were in the business of furnishing liquor, malt and/or brewed beverages, and on information and belief were licensed to do so, to customers and clientele at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. - 5 - Document#,2197/2,/ "', ~~""~-" - ~ ~ "~~_........""""'- L~ L",,'<ti-' - v"". :i.'~'l!'~k,~i.( 28. The Defendants individually and/or acting through their employees, servants and/or agents, sold, furnished and/or gave the aforementioned liquor, malt and/or brewed beverages to Joel Cummings and/or permitted the aforesaid beverages to be sold, furnished or given to Joel Cummings while he was visibly intoxicated. 29. The Defendants' acts in selling, furnishing and/or giving liquor, malt and/or brewed beverages to Joel Cummings while he was visibly intoxicated violates the Liquor Code including 47 P.S. g4-493(1) and g4-497 and constitutes negligent per se. 30. The Defendants acts in selling, furnishing and/or giving liquor, malt and/or brewed beverages to Joel Cummings also were negligent in that they should have known based on his condition that he should not be served with such alcohol; and/or based on the knowledge that he would be operating the motor vehicle after leaving the establishment. 31. As a direct and proximate result of the violations of the Dram Shop Act and/or the negligent acts of Defendants individually and/or acting through their employees, servants and/or agents, acting within the scope of their authority, Plaintiff Kimberly Duncan suffered the following injuries and/or damages: (a) Personal injuries some of which are or may be permanent, which are or may be an aggravation and/or exacerbation of pre-existing conditions which include, but are not limited to, the following: (1) Trauma and injury to her neck; (2) Trauma and injury to her back; (3) Trauma and injury to her left shoulder and arm; and (4) Trauma and injury to her head. (b) Medical bills and expenses for the diagnosis, treatment and care for her injuries and further bills and expenses in the future; -6- Document #: 219712.1 '" """-"- ~~- ~ ~ '.... ,-<'-~. '~~' ~-'=" ,'1 I -+~~ ~'" "...!....,-- 'l--'~""""" ~"'-'"";C-"""'""~~I";"i;; I (c) Medical bills and expenses for the diagnosis, treatment and care for her daughter Halie Duncan's injuries and further bills and expenses in the future; (d) Loss of earnings, partial, total and/or permanent disability, impairment, loss of productivity and/or loss of earning capacity; (e) Past, present and future physical pain, mental pain, discomfort, inconvenience, distress, embarrassment and humiliation, present, past and future loss of her ability to enjoy the pleasure's of life and limitations in her pursuit of daily activities; and (f) Incidental costs associated with the injuries including the use of medical appliances and medications. WHEREFORE, Plaintiff Kimberly Duncan demands judgment in her favor and against the Defendants, either individually and/or jointly and severally, for the aforesaid damages, which exceed the limits for compulsory arbitration in Cumberland County and demands costs, interest, and/or damages for delay against Defendants as allowed by law. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~~~~ Clark DeVere, Esquire ~ Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dared: November 14, 2001 -7- Document #: 219712.1 , ,_.-. ~~' ~'~ ,~ ~ 1 -' ]---. liU"]Ii'lii:~.ciI.~",,~.-c VERIFICATION I, Kimberly Duncan, hereby certifY that the following is correct: The facts set forth in the foregoing Civil Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Civil Complaint is that of counsel and not my own. I have read the Civil Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Civil Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Civil Complaint are made subject to the penalties of 18 Pa C.S.A. 94904 relating to unsworn falsification to authorities. Dated: 11/14/01 ~~~ . berly D can . Document #:219712.1 ~ - "-,-~-" ~,....I .~ ,--,'" .'ii" '->,O~ i1~'l!!~',b VERIFICATION I, Kimberly Duncan, as parent and natural guardian of minor PlaintiffHalie Duncan, hereby certify that the following is correct: The facts set forth in the foregoing Civil Complaint are based upon infonnation which I have furnished to counsel, as well as upon infonnation which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Civil Complaint is that of counsel and not my own. I have read the Civil Complaint, and to the extent that it is based upon infonnation which I have given to counsel, it is true and correct to the best of my knowledge, infonnation, and belief. To the extent that the content of the Civil Complaint is that of counsel, I have relied upon such counsel in making this Verification. 'I hereby acknowledge that the facts set forth in the aforesaid Civil Complaint .are made subject to the penalties of 18 Pa. C.S.A. 114904 relating to unsworn falsification to authoritie . Dated: 11/14/01 can, as parent and natura1 alie Duncan Document #:219712.1 r 1'~iii~~j;,l:ffif;"-~li\irlli;~I;~["'i~t4~.d~~ill&iiiH1L~;'l0-;li;-:i.il!ir;:0'i!)fj%WJ,i>i~,.~.~I~';H&,,!'i,~''''',~:ilih'4%. ~~i'ilM~liIlil\;;1; "",SlI!_~ < ;;, ,"'" HIllln.J tll~.~:uti ~.r ' '.'''~~ '-our -lllI~, ~ (-:l 0 C) c (') ~ -uS: ~J': --n ~ ~ J)~ C::J ",_I ~" .~~ i'i~:~ zc ~~C> (f)' ~ ?~:: <n r::j ~ - [f&~ ~c; '-___, i ~ :J~ -u ' : l,.> ~ ZCl ",' -- ::I;: ...!_....:....: g )>u ~,~~ f t1 --0 I ()r C L0 Z ~) ....... I =<! '::::> 5-~~ ()I FYJ r" :0 -< J't "]IIL".,__~ - -. .,",~ ~ ,-. "'''''','.",, .."",,- '__1,,"-==,~.,~ "'~,_~_ ',,",-'\'~'~"'""""~"'''-'''~A'''~' ~_ --. ,,o,,,,r,-,,', ',=.. "-,\ ,r, n' ">, --""",";";;;"'" u. - "'''-~I = '1lf'll"""'" I i ~~ , . _, _~ 0," " 'lliti1~&I~~' SHERIFF'S RETURN - REGULAR ~ 'C~SE NO: 2001-06515 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNCAN HALlE ET AL VS JOHNNY K'S INC ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JOHNNY K' S INC the DEFENDANT , at 0015:38 HOURS, on the 21st day of November, 2001 at 6437 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to LISA SPRAGUE (BARTENDER) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof_ Sheriff's Costs: Docketing Service Affidavi t surcharge So An;;~~~~~.~ 18.00 6.50 .00 10.00 .00 34.50 R. Thomas Kline 11/26/2001 METZGER, WICKERSHAM Sworn and Subscribed to me this ~qle-: day of before By: l'Lc-~ :J.ov ( A.D. ~h a Ind~~-1~' rothonotary ,ii,~,~*",""cl~. ~,~~ ~'=" ......, I i_ L ~ J ~_ . ~ 'to ",-,,, ">'~"'~:i,", SHERIFF'S RETURN - REGULAR .,." 'C","SE NO: 2001-06515 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNCAN HALlE ET AL VS JOHNNY K'S INC ET AL CPL. TIMOTHY REITZN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KRITIKOS JOHN the DEFENDANT , at 0015:38 HOURS, on the 21st day of November, 2001 at 6437 CARLISLE PIKE MECHANICSBURG, PA 17055 LISA SPRAGUE (BARTENDER) by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So ?~._~~~ R. Thomas Kline 11/26/2001 METZGER, WICKERSHAM Sworn and Subscribed to before By: '"'-' me this (1'1 ~ day of ~ .1,"....,1 A.D. ~O_rn'DO-'~'~' Prothonotary . . "Ul<1~"".,,.l...=~--,. ~-= , . ~ ," ~ ._J~""h ..','; .' ..li.~l!;'d; SHERIFF'S RETURN - REGULAR " .~SE NO: 2001-06515 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNCAN HALlE ET AL VS JOHNNY K'S INC ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KRITIKOS JOHN T/D/B/A JOHNNY K'S the DEFENDANT , at 0015:38 HOURS, on the 21st day of November, 2001 at 64~7 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to LISA SPRAGUE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~ ~.{~" "7 \: R. Thomas Kline 11/26/2001 METZGER, WICKERSHAM Sworn and Subscribed to before By: Y;.~~ v t~pu erlff "-' me this J'/- day of Ju,.,UM.. ,...J .:2w1 A.D. q. ,'u.- tL ~ ~ ~rothonotary c ;>"",~_",,,,,,.'.,,' ,~, ~~ " - I.. ~~~..L....... ' , ,,~o-, '.i' ,;":,,, ,',' ! ~}~~< , HALlE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 01-6515 Civil Term CIVIL ACTION - LAW vs. JOHNNY K'S, INC., JOHN KRITIKOS, individually and tld/b/a JOHNNY K'S, Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Johnny K's, Inc. and John Kritikos, individually and tld/b/a Johnny K's c/o William P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street P.O. Box 261 Carlisle, PA 17013-0261 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 Plaintiffs. You may lose money or property or other rights important to you. Document #:223335.1 "=<~" "'"....."".~ ~ - C_' I" I ~"" ~""'--'-"k;~{i";i' YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cwnberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 or (800) 990-9108 Document #:223335.1 - ~. L'uu"'....... ". "')'" ,". """,'1icW'~"l HALlE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERL Y DUNCAN in her own right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6515 Civil Term CIVIL ACTION - LAW vs. JOHNNY K'S, INC., JOHN KRITIKOS, individually and tld/b/a JOHNNY K'S, Defendants JURY TRIAL DEMANDED AMENDED CIVIL COMPLAINT 1. Plaintiff Kimberly Duncan is an adult individual residing at 321 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff Kimberly Duncan is the mother and natural guardian of minor Plaintiff Halie Duncan, who resides with her and who is 16 years old, having been born on December 9, 1985. 3. Minor Plaintiff Halie Duncan has selected Plaintiff Kimberly Duncan, as her mother and natural guardian, to represent her interests in this action. 4. Defendant Johrmy K's, Inc. is a Pennsylvania corporation with a principal place of business at 6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. Defendant John Kritikos is an adult individual who resides, on information and belief, at 50 Hoover Road, Carlisle, Cumberland County, Pennsylvania 17013. 6. Defendant John Kritikos owns the property at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055 and trades and does business as Johrmy K's. Document #: 213335.1 " ,'.-.......~--~ 1 I J tlIil.~'- ~ '" -- j' 1iiW" 7. On August 19, 2000, Plaintiff Halie and Kimberly Duncan were involved in a two-car accident caused by Joel Cummings on the Carlisle Pike (U.S. 11 North) in Hampden Township, Cumberland County, Pennsylvania. 8. The accident occurred when Defendant Joel Cummings swerved into the right lane in an attempt to pass the vehicle in front of him in the left lane and crashed into the rear of adult Plaintiffs vehicle pushing her vehicle into the rear of a third vehicle, which then was pushed into the rear of the fourth vehicle. 9. Following the collision between the vehicles, Joel Cummings fled the scene of the accident, failed to stop for steady red lights and eventually was apprehended by the Silver Spring Township Police. 10. Joel Cummings was visibly intoxicated when he was apprehended and was placed under arrest and charged with numerous offenses, including driving while under the influence of alcohol, accidents involving death or personal injury, violation of traffic control signals and other offenses. II. Following his arrest, Joel Cummings was administered a breath alcohol test with a result ofa 0.162% blood alcohol content. 12. On February 20, 2001, Joel Cummings, with representation by counsel, pled guilty to driving under the influence of alcohol and accidents involving death or personal injury and was subsequently sentenced for these offenses on April 3, 2001. 13. On April 24, 2001, Plaintiffs filed a Civil Complaint against Joel Cummings which is pending in the Court of Common Pleas of Cumberland County at Civil Action - Law, Docket No. 2001-2398. -2- DOCliment #: 223335.1 "" ., -,~ u- ~ ' ~.j-"'_I~' '.':JI" ~"~~, "~~*'~_,";, 14. On September 11,2001, Plaintiffs' counsel took the telephone deposition of Joel Cummings, in the presence of his counsel, to, in part, verify his identity and to investigate the issues of his alcohol consumption and intoxication. 15. During the aforesaid deposition, Joel Cummings testified that he was consuming alcohol at a bar located on the Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania on the date of the accident but didn't remember the name of the bar. 16. On October 22, 2001, in Cummings' Response to Plaintiffs' Second Set of Interrogatories, Cummings further specified that he was consuming alcohol at Defendant establishment ("Johnny K's") located at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania on August 19,2000. 17. During the aforesaid deposition, Joel Cummings testified that he was consuming alcohol from approximately 3:00 p.m. to 5:00 p.m. on the date of the accident on August 19, 2000. 18. During the aforesaid deposition, Joel Cummings testified that he had consumed on the date of the accident "one too many." 19. During the aforesaid deposition, Joel Cummings testified that he cut himself off because he was getting blurred vision. 20. Shortly after he left Johnny K's, Joel Cummings caused the aforesaid accident. - 3 - Document #: 223335.1 ~=-_l'"~ -~',~ j ~ ~ .~ ~ " ~. ~iIliw~',,,, "~~~I*:4.~~,>; COUNT I - NEGLIGENCE Plaintiff Halie Duncan v. Defendants 21. Paragraphs 1 through 20 hereof are incorporated herein by reference as if fully set forth. 22. At all relevant times hereto, the Defendants were in the business of furnishing liquor, malt and/or brewed beverages, and on information and belief were licensed to do so, to customers and clientele at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 23. The Defendants individually and/or acting through their employees, servants and/or agents, sold, furnished and/or gave the aforementioned liquor, malt and/or brewed beverages to Joel Cummings and/or permitted the aforesaid beverages to be sold, furnished or given to Joel Cummings while he was visibly intoxicated. 24. , The Defendants acts in selling, furnishing and/or giving liquor, malt and/or brewed beverages to Joel Cummings while he was visibly intoxicated violates the Liquor Code including 47 P.S. g4-493(1) and g4-497 (hereinafter "Dram Shop Act") and constitutes negligence per se. 25. The Defendants acts in selling, furnishing and/or giving liquor, malt and/or brewed beverages to Joel Cummings also were negligent in that they should have known based on his condition that he should not be served with such alcohol and/or based on the knowledge that he would be operating a motor vehicle after leaving the establishment. 26. As a direct and proximate result of the violations of the Dram Shop Act and/or the negligent acts of Defendants individually and/or acting through their employees, servants and/or -4- Document #: 223335.1 , ~~- ." - I,.., L' "LI L~ Ii '- " , .~- , ~~,:a;;>,';'tu"'~,- agents, acting within the scope of their authority, Plaintiff Halie Duncan suffered the following injuries and/or damages: (a) Personal injuries some of which are or may be permanent, which are or may be an aggravation and/or exacerbation of pre-existing conditions and which include, but are not limited to, the following: (1) Trauma and injury to her back; (2) Trauma and injury to her neck; (3) Trauma and injury to her ann; and (4) Trauma and injury to her head. (b) Past, present and future physical pain, mental pain, discomfort, inconvenience, distress, embarrassment and humiliation, present, past and future loss of her ability to enjoy the pleasure's of life and limitations in her pursuit of daily activities. 27. The Defendants, on information and belief, served persons who were visibly intoxicated on prior occasions and received citations for doing so from the Pennsylvania Liquor Control Board. Despite receiving prior citations, the Defendants have again served a visibly intoxicated person, to wit Joel Cummings, resulting in injuries to Plaintiffs and others. Plaintiffs are entitled to punitive damages for the continued indifference and disregard of the law and safety of persons and for their willful, wanton and reckless conduct. WHEREFORE, Plaintiff Halie Duncan demands judgment in her favor and against the Defendants, either individually and/or jointly and severally, for the aforesaid damages, which exceed the limits for compulsory arbitration in Cumberland County and demands costs, interest, damages for delay and/or punitive damages against Defendants as allowed by law. - 5 - Document #,223335,/ ,~'~ -~..... ~ __ ,I ~ l~ ~~~ "I!~':;,!i.'&<W.i:l@> COUNT II - NEGLIGENCE Plaintiff Kimberly Duncan v, Defendants 28. Paragraphs I through 27 hereof are incorporated herein by reference as if fully set forth. 29. At all relevant times hereto, the Defendants were in the business of furnishing liquor, malt and/or brewed beverages, and on information and belief were licensed to do so, to customers and clientele at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 30. The Defendants individually and/or acting through their employees, servants and/or agents, sold, furnished and/or gave the aforementioned liquor, malt and/or brewed beverages to Joel Cummings and/or permitted the aforesaid beverages to be sold, furnished or given to Joel Cummings while he was visibly intoxicated. 31. ,The Defendants' acts in selling, furnishing and/or .giving liquor, malt and/or brewed beverages to Joel Cummings while he was visibly intoxicated violates the Liquor Code including 47 P.S. ~4-493(1) and~4-497 and constitutes negligence per se. 32. The Defendants acts in selling, furnishing and/or giving liquor, malt and/or brewed beverages to Joel Cummings also were negligent in that they should have known based on his condition that he should not be served with such alcohol; and/or based on the knowledge that he would be operating the motor vehicle after leaving the establishment. 33. As a direct and proximate result of the violations of the Dram Shop Act and/or the negligent acts of Defendants individually and/or acting through their employees, servants and/or agents, acting within the scope of their authority, Plaintiff Kimberly Duncan suffered the following injuries and/or damages: -6- Document #: 223335.1 ,;,""---"""'.........~ '....~,-, ~ ~~ ^b'. '~-'~f~ii.~\!L~~l'''''"';,,'_ (a) Personal injuries some of which are or may be permanent, which are or may be an aggravation and/or exacerbation of pre-existing conditions which include, but are not limited to, the following: (I) Trauma and injury to her neck; (2) Trauma and injury to her back; (3) Trauma and injury to her left shoulder and arm; and (4) Trauma and injury to her head. (b) Medical bills and expenses for the diagnosis, treatment and care for her injuries and further bills and expenses in the future; (c) Medical bills and expenses for the diagnosis, treatment and care for her daughter Halie Duncan's injuries and further bills and expenses in the future; (d) Loss of earnings, partial, total and/or permanent disability, impairment, loss of productivity and/or loss of earning capacity; (e) Past, present and future physical pain, mental pain, discomfort, inconvenience, :distress, embarrassment and humiliation, present, past and future loss of her ability to enjoy the pleasure's oflife and limitations in her pursuit of daily activities; and (f) Incidental costs associated with the injuries including the use of medical appliances and medications. 34. The Defendants, on information and belief, served persons who were visibly intoxicated on prior occasions and received citations for doing so from the Pennsylvania Liquor Control Board. Despite receiving prior citations, the Defendants have again served a visibly intoxicated person, to wit Joel Cummings, resulting in injuries to Plaintiffs and others. Plaintiffs are entitled to punitive damages for the continued indifference and disregard of the law and safety of persons and for their willful, wanton and reckless conduct. WHEREFORE, Plaintiff Kimberly Duncan demands judgment in her favor and against the Defendants, either individually and/or jointly and severally, for the aforesaid damages, which -7- Document #: 223335.1 "'" -~ ~~ , ~ .. ''Soilll' _'o'd ~-i.i""';'''"''''',,,"-i.-~''i,,',, exceed the limits for compulsory arbitration in Cumberland County and demands costs, interest, damages for delay and/or punitive damages against Defendants as allowed by law. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~__~I..? Clark De V ere, Esquire Attorney LD. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: I ~ 2- -0 Z-- - 8 - Document #: 223335.1 . ~, ~~~ ...,., ~ ~ ' 1"_.1. j,,- ~'" , ~i:;S<~i@i:, VERIFICATION I, Kimberly Duncan, hereby certify that the following is correct: The facts set forth in the foregoing Amended Civil Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Amended Civil Complaint is that of counsel and not my own. I have read the Amended Civil Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Amended Civil Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Amended Civil Complaint are made subject to the penalties of 18 Pa. C.S.A. g4904 relating to unsworn falsification to authorities. Dated: III U I D' ~ ~.JuJtaA-J . berly can Document #:223335.1 -~.,-..--....~> ~- . I. J , ~_.., I ,~~. , .,'," --' VERIFICATION I, Kimberly Duncan, as parent and natural guardian of minor Plaintiff Halie Duncan, hereby certifY that the following is correct: The facts set forth in the foregoing Amended Civil Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Amended Civil Complaint is that of counsel and not my own. I have read the Amended Civil Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Amended Civil Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Amended Civil Complaint are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Dated: l2!lt/OI ~'-fY1.J1JfY'ajV mberly D can, as parent and natural guardian to Halie Duncan Document #:223335.1 ", "~"~~' '':~.i,"(-i !,~~- ~ " , ,_ _~ w.' ,'< A "~~ ~~>",,":i;t, CERTIFICATE OF SERVICE AND NOW, I, Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs, hereby certify that I served the foregoing document this day by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Johnny K's, Inc. and John Kritikos, individually and t/d/b/a Johnny K's c/o William P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street P.O. Box 261 Carlisle, PA 17013"0261 ~~~ Clark De Vere, Esquire Dated: January 2, 2002 Document #: 223716.1 f.Iii~~"'~""~~~1<r;,;!!&'_4h~!~"I\II,;aj.~lli"'~iIIoill-j~" ~\ t .C"'."'~';"~_''c:",'" y;" :;:,,~,;f],<-,-'-;)i ";''''_';''-ll,:;ijj~i~.iij;!~iil~~lbr'r:ill~~ 1':1:" "~"v_ '," <"~"!"""'" ~=,,__,~n__:",T=' ~"",;, "e',' ,",~.J""O",?,]tl"~,~G,~,,~ ~~"'S;",., ,'c,<'i .->','-~ -B'~. ,,,-,"~,IJL<,,....~, 0.. "_~_ - ,,~,," 0',',' ~-"~fu"^ ' ~~ ,~, '--'- ~,' ~ ~,~ "~,~"", I"'~'~ () s:: .~~~: '-'Q': [Dp, ;f?' 1~~; <;;::: ~-, .J>......,. ,- ~ :.n -- ..!;~ C) I'\..: -" ,-, -Ii ~ :ii:: I C.) ::::" -J': ," - ~ _' 1 I ~ ~ ']]1:' '~" "~~~i .t.' , " WILLIAM P. DOUGLAS, ESQUIRE ATTY. I.D. # 37926 DOUGLAS, DOUGLAS & DOUGLAS 27 WEST IDGH STREET P.o.B. 261 CARLISLE, P A 17013 TELEPHONE 717-243-1790 ATIORNEY FOR DEFENDANT HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian, and KIMBERLY DUNCAN, in her own right, IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A CML ACTION - LAW Plaintiffs NO. 01-6515 CML TERM VS. JOHNNY K'S, INC., JOHN KRITIKOS, individually and tl d/b I a JOHNNY K'S, Defendants JURY TRIAL DEMANDED ANSWER TO AMENDED CIVIL COMPLAINT AND NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. After reasonable investigation, the defendant is without knowledge as to the truth of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. R.c.P. 1029(e). 8. Denied. After reasonable investigation, the defendant is without knowledge as to the truth of the averments and strict proof ~ereof lt~~ " . ~ . .. is demanded. Defendant denies the averments generally under Pa. RCP. 1029(e). 9. Denied, After reasonable investigation, the defendant is without knowledge as to the truth of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. RCP.1029(e). 10. Denied. Aft~r reasonable investigation, the defendant is without knowledge as to the truth of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. RCP. 1029(e). 11. Denied. After reasonable investigation, the defendant is without knowledge as to the truth of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. RCP.1029(e). 12. Denied. After reasonable investigation, the defendant is without knowledge as to the truth of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. RCP. 1029(e). 13. Admitted. 14. Admitted. 15. Denied as stated. The deposition transcript speaks for itself. However, with respect to the truth or veracity of the content of the averments, after reasonable investigation, the defendant is unable to determine same and strict proof thereof is demanded. 16. Denied as stated. The deposition transcript speaks for itself. However, with respect to the truth or veracity of the content of the averments, after reasonable investigation, the defendant is unable to determine same and strict proof thereof is demanded. 17. Denied as stated. The deposition transcript speaks for itself. However, with respect to the truth or veracity of the content of the averments, after reasonable investigation, the defendant is unable to determine same and strict proof thereof is demanded. 18. Denied as stated. The deposition transcript speaks for itself. However, with respect to the truth or veracity of the content of the averments, after reasonable investigation, the defendant is unable to determine same and strict proof thereof is demanded. 19. Denied as stated. The deposition transcript speaks for itself. However, with respect to the truth or veracity of the conten~ of the .' ,- -"-~''-,1 ~~~ J. ~ ~~ _,_ 1,- ",-'- "'-'i'...j,;''''f'''f'S~ averments, after reasonable investigation, the defendant is unable to determine same and strict proof thereof is demanded. 20. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. RCP. 1029(e). COUNT I - NEGLIGENCE Plaintiff Halie Duncan v. Defendants 21. The responses to paragraphs 1 through 20 are incorporated herein and reference is made thereto. 22. Denied. Defendant Johnnie K's, Inc., was the licensee who was in the business in question. 23. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. RCP. 1029(e). 24. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally underPa. RC.P. l029(e). 25. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. RCP, l029(e). 26. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. RCP. 1029(e). 27. Denied as stated. It is denied that plaintiff is entitled to punitive damages. It is specifically denied that plaintiff is entitled to any damages from the defendant, pursuant to Pa. RCP. 1029(e). WHEREFORE, it is prayed that the Plaintiff's Amended Complaint be dismissed. . ~ .'. I ~ I, ~' . ~ I i>o!:"-_.~-W;" '~~'t LHJ1' ~",~: COUNT II - NEGLIGENCE Plaintiff Kimberly Duncan v. Defendants 28. The responses to paragraphs 1 through 27 are incorporated herein and reference is made thereto. 29. Denied. Defendant Johnnie K's, Inc., was the licensee who was in the business in question. 30. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. RC.P. 1029(e). 31. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. RC.P. 1029(e). 32. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. RC.P. 1029(e). 33. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. RC.P. 1029(e). 34. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. RC.P.1029(e). WHEREFORE, it is prayed that the Plaintiffs Amended Complaint be dismissed. .Ji NEW MATTER ~ ~ 35. The defendant hereby pleads release as an affirmative defense. DOUGLAS, DOUGLAS & DOUGLAS By Attorney for Defendant -"",',. " ..".",,~"" ':, 'r''''~~;' s - ~ . I.. ~" ~- L :_~, ~ i..';:'~l~'Mr~ COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. VERIFICA nON I verify that the statements made in the foregoing document are true and correct, to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. liJ...-~ c;- 0 Vi.. Date f1 o\~f1 ).~~ John Kritikos ~~~tii!1Ci; ;>,'~"'- "~;~__*rj:~:!tIr~"" '~i~iW.~i;j~;;hHf~l~iM:tr",,",",'-"h'1'-"~ifljj>lr"H~';llmm[~llllli '~'~;'~'iir"'> - "~,,,,,",.,",,^,'''''',,~,, _~ ".,~"~"<,"> ~,~">~H-""",, ""--,_>,~,~,,.,,_~ '.~'~ ,- iir"'~~"";"'; , . - - " ""","""",,"".',~~~- C) '::0 C) C f'-' " s: ::r.:: ""'O("XJ ~,,, , 't: nll--~; ;".J ~- ~,-', 1 L~~ ~-! 0..-; en -<..L ~C! ::r;T" )>C -'I; , ZC) -,:.. 5 c: Pc _m-l "7 :,'v ,",~ ~ 5:J .-J -< 0' '1,- ,I. -,~ oL -~' ,- -, ~ "~.' --' ",,- :":;',j .. HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERL Y DUNCAN in her own right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6515 Civil Term CIVIL ACTION - LAW vs. JOHNNY K'S, INC., JOHN KRITIKOS, individually and t/d/b/a JOHNNY K'S, Defendants JURY TRIAL DEMANDED PT,ATNTTFFS' RF,PT,V TO fiFFFNfiANTS' NFWMATTFR 35. Conclusion of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Plaintiffs did not release any claims against Defendants. WHEREFORE, Plaintiffs demand that Defendants' New Matter be dismissed and that judgment be entered in their favor as requested in the Amended Complaint filed in this action. METZGER, WICKERSHAM, KNAUSS & ERE, P.C. By: ............0_?>,~ Clark De V ere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated; 3-.1 f. 0.2.- "! - -,1"'.1.', .' ". ~'^.- ~---~, .. Vli',RlFlf: A. nON I, Kimberly Duncan, as parent and natural guardian of minor Plaintiff Halie Duncan, hereby certify that the following is correct: The facts set forth in the foregoing Plaintiff's Reply to Defendants' New Matter are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter, The language of the Plaintiff's Reply to Defendants' New Matter is that of counsel and not my own. I have read the Plaintiff's Reply to Defendants' New Matter, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Plaintiff's Reply to Defendants' New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Plaintiff's Reply to Defendants' New Matter are made subject to the penalties of 18 Pa. C.S.A. g4904 relating to unsworn falsification to authorities_ Dated: 3/28/02 can, as parent and natural alie Duncan Document #:230105.1 , "~';'I,'~;:, '. ~~ r_~" "..;;l-a~ '~'~. ~ .. .. ~ VRRTFTC:ATTON I, Kimberly Duncan, hereby certifY that the following is correct: The facts set forth in the foregoing Plaintiffs Reply to Defendants' New Matter are based upon infonnation which I have furnished to counsel, as well as upon infonnation which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiffs Reply to Defendants' New Matter is that of counsel and not my own. I have read the Plaintiffs Reply to Defendants' New Matter, and to the extent that it is based upon infonnation which I have given to counsel, it is true and correct to the best of my knowledge, infonnation, and belief. To the extent that the content of the Plaintiffs Reply to Defendants' New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Plaintiffs Reply to Defendants' New Matter are made subject to the penalties of 18Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Dated: 3/28/02 ~'fY)~, j K mberly D an Document #:230105.1 , '. - ,""',,'-1'.1..\--";-,: "' ~"~ ,- '~L L - ~~ '- ,~ -~~'~'-'-. .'~":lli:;- . . CRRTTFWATR OF SRRVTCR AND NOW, I, Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs, hereby certify that I served the foregoing Plaintiffs' Reply to Defendants' New Matter this day by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Johnny K's, Inc. and John Kritikos, individually and t/d/b/a Johnny K's c/o William P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street P.O. Box 261 Carlisle, PA 17013-0261 ~--------s::V- Clark De Vere, Esquire Dated: 3 - 0< 9-0,,2... Document #:J30105.1 _~it ';if :'I"~'~'-"-~~~xhl~.lj:.atDj~[~ii~~~~ii.mt:~\W~:~~i;iri:.~01llM.Uj,ilIir0lo.lMltbailIIiall'~ r _jlU ,. "~'~"""-'''''''''' ',,',~~,<, <-~"'","""'" -- '" ,~, . r'o (::~' '-'0-" ~ -". -.--1 r',:',-,I ; \: f", ,;-~~' ::,'.-... II') ':'",,=,~L ,~~ ~.~ " HALlE DUNCAN, a minor, by KIMBERL Y DUNCAN, her mother and natural guardian and KIMBERL Y DUNCAN in her own right, Plaintiffs Ys. JOEL CUMMINGS, Defendant ,~' ~' ~ ""L. ! oU. ", ,- ~ " -,', -" ,', " 'M ~lil!:@[~";'f''7.&.'r.i~,--" AUG 1 9 20tJ2 C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2398 CIVIL ACTION - LAw JURY TRIAL DEMANDED * * * * * * * * * * * HALlE DUNCAN, a minor, by KIMBERL Y DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs vs. JOHNNY K'S, INC., JOHN KRITIKOS, individually and t/dlbla JOHNNY K'S, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6515 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO SHOW CAUSE , V';JV'# ,/.-' AND NOW, this ~ day of , 2002, upon motion of Plaintiffs, Halie Dlillcan, a minor, by Kimberly Duncan, her mother and natural guardian, and Kimberly Duncan in her own right, to consolidate, a Rule is entered upon Defendant, Joel Cummings, and Defendants, Johnny K's, Inc., John Kritikos, individually and t/d/b/a Johnny K's, to show cause, if any they have, why the relief req, uested in said Motion should no, t, be ,granted. . /1~ ' " . , "', L':> ~,\pA-f~ ~." 2L-U 'V!-. N"~ ~V~ Rule returnable tWLd) ~6) d<., 0 f.vm sel ,.~i: Wt~-all procecdillg~ to ,lay, , ..lnle. // BYTHE~OUR~, ~// /' f/( If., '_I..~V ;/ J. Fl!_'AY- c \.t,C-i':'-~ .A,/,,-JL. ,J\,.WiA/Oj)~ ~/1 ,'~i," ~1,..... ,~.,.... \,,?<.//Wl/~ d"''OJ Y /v)?/ . 7 , ~' . . cc: All Cfunsel '\ If{lU-D .f\\ 6,~ . -3-.;20-0.;1. ~ ~)\.s Document #: 239230./ eo; O,:ttu. DOl.l;9hs o Le h rr) Cl.rJ Oe.Ve.R€.. 1 \ " " :.,....,'-<1 ..- ~-~. ' .1. l... ~,.,~,~- . ., ~'I,. "'...~i; Ava 1 9 2001 ~ HAllE DUNCAN, a minor, by KIMBERL Y DUNCAN, her mother and natural guardian and KIMBERL Y DUNCAN in her own right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2398 CIVIL ACTION - LAW vs. JOEL CUMMINGS, Defendant JURY TRIAL DEMANDED * * * * * * * * * * * HALlE DUNCAN, a minor, by KIMBERL Y DUNCAN, her mother and natural guardian and KlMBERL Y DUNCAN in her own right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6515 Civil Term CIVIL ACTION - LAW vs. JOHNNY K'S, INC., JOHN KRITIKOS, individually and Vd/b/a JOHNNY K'S, Defendants JURY TRIAL DEMANDED ORDER AND NOW, this _ day of , 2002, upon consideration of the Motion of Plaintiffs, Halie Duncan, a minor, by Kimberly Duncan, her mother and natural guardian, and Kimberly Duncan in her own right, and the response of Defendants hereto, it is hereby ordered that the above captioned actions are consolidated for purposes of discovery and trial under Cumberland County Civil Action No. 01-2398, which shall hereinafter have a combined caption as set forth above. BY THE COURT: 1. cc: All Counsel Document #: 239230./ tiilj;l:;=l ~, , - " ",J,.~ ~. ;..,h":" --"_0 > ~ ill.;iIlmll",~~,"~''''''' HALlE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2398 CIVIL ACTION - LAW vs. JOEL CUMMINGS, Defendant JURY TRIAL DEMANDED * * * * * * * * * * * HALlE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6515 Civil Term CIVIL ACTION - LAW vs. JOHNNY K'S, INC., JOHN KRITIKOS, individually and tld/bla JOHNNY K'S, Defendants JURY TRIAL DEMANDED PLAINTIFFS' MOTION FOR CONSOLIDATION Plaintiffs, Halie Duncan, a minor, by Kimberly Duncan, her mother and natural guardian, and Kimberly Duncan in her own right, by their undersigned counsel, respectfully requests this Court enter an Order under Pennsylvania Rule of Civil Procedure No. 213(a) consolidating the above captioned actions for the purpose of discovery and trial and in support aver as follows: I. On April 24, 2001, Plaintiffs commenced the above captioned action against Joel Cummings by filing a Civil Complaint. 2. The Plaintiffs' Complaint alleges that they sustained personal injuries when Defendant, Joel Cummings, swerved his vehicle into the right lane in an attempt to pass the Document #: 239230. J ,,~'" , -, . '1Iid:>..~~I!l~ - ,,0,,', ,,""",-0 oi,"",- ..j'~ vehicle in front of him in the left lane and crashed into the rear of Plaintiffs' vehicle, pushing that vehicle into the rear of a third vehicle which was then pushed into the rear of a fourth vehicle on August 19, 2000, on the Carlisle Pike (U.S. II North) in Hampden Township, Cumberland County, Pennsylvania. 3. Plaintiffs allege that their injuries were caused by the negligence of Defendant, Joel Cummings, including driving while under the influence in violation of 75 Pa.C.S.A. Section 3731 and applicable law. 4. At the accident scene, Defendant, Joel Cwnmings, after causing a multi-vehicle collision, fled the scene of the accident, failed to stop for steady red lights, and eventually was apprehended by the Silver Spring Township Police. Defendant, Joel Cwnmings, was visibly intoxicated when he was apprehended and was placed under arrest and charged with numerous offenses including driving while under the influence of alcohol, accidents involving death or personal injury, violation of traffic control signals, and other offenses. Following his arrest, Joel Cwnmings was administered a breath alcohol test with the results revealing a .162 percent blood alcohol level. 5. On February 20, 2001, Joel Cummings, with representation by counsel, pled guilty to driving under the influence and accidents involving death or personal injury and was subsequently sentenced for these offenses on April 3, 200 I. 6. The parties have exchanged written discovery and one deposition has been taken. 7. After the aforesaid Complaint was filed, Plaintiffs conducted discovery including the deposition of Defendant, Joel Cummings. He testified that he was consuming alcohol in a bar which was later identified to be Johnny K's located at 6427-6437 Carlisle Pike, - 2- Document #: 239230./ '" < ~ .,"'~' . d ~ "L_",- ,2'" '''~~~~"'j;.''i' Mechanicsburg, Cumberland County, Pennsylvania, from approximately 3:00 o'clock p.m. to 5:00 o'clock p.m. on the date of the accident on August 19, 2000. In addition, during the aforesaid deposition, Defendant, Joel Cummings, testified that he consumed three beers at the establishment and that he had not had any alcohol in three months. He further testified that he had cut himself off from drinking because he felt that he had had one too many and because he felt that his vision was starting to become blurred. Shortly after he left Johnny K's, Joel Cummings caused the aforesaid accident. 8. On November 16,2001, Plaintiffs commenced a separate civil action by filing a Civil Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, against Johnny K's, Inc., and John Kritikos, individually and t/d/b/a Johnny K's at Docket No. 01-6515. 9. An Amended Complaint was filed against Johnny K's, Inc., and John Kritikos, individually and t/d/b/a Johnny K's on January 3,2002. 10. The Complaint against Johnny K's, Inc., and John Kritikos, individually and t/d/b/a Johnny K's alleges that the Defendants violated the Liquor Code including 47 P.S. Section 4-493(1) and Section 4-497 by selling, furnishing, and/or giving liquor, malt, and or brewed beverages to Defendant, Joel Cummings, while he was visibly intoxicated. II. The Complaint further alleges that the Defendants' acts of selling, furnishing, and/or giving liquor, malt, and or brewed beverages to Defendant, Joel Cummings, also was negligent and that they should have known based on his condition that he should not be served with such alcohol; based on the knowledge that he would be operating a motor vehicle after leaving the establishment; and/or based on the knowledge of his prior alcohol consumption at the establishment and intoxication. - 3- Document #: 239230.1 ""~. "M =" . L.~.........,..,o ~" ,'-",'-, " ~'~,~MIl~ 12. In addition, the Complaint further alleges that Johnny K's, based on information and belief, served persons who were visibly intoxicated on prior occasions and received citations for doing so from the Pennsylvania Liquor Control Board and despite receiving these prior citations, the Defendants have again served a visibly intoxicated person, Defendant, Joel Cummings, resulting in injuries to Plaintiffs and others. 13. On or about March 5, 2002, Johnny K's, Inc., John Kritikos, individually and t1d/b/a Johnny K's, filed an Answer to the Amended Civil Complaint with New Matter. On April 2, 2002, Plaintiffs filed a Reply to Defendants' New Matter and the pleadings are now closed. 14. The parties to the second action have exchanged written discovery but have not yet taken any depositions. 15. Both actions involve the same set of facts and arise from the Plaintiffs' accident on August 19, 2000. 16. Consolidation of the cases will avoid duplication of expense both in additional discovery and trial to the benefit of the parties and the Court. Consolidation will also avoid the necessity of calling the same lay and expert witnesses in two trials, including the parties, medical witnesses, the investigating police officer and toxicologist. 17. Also, Plaintiffs want to assert their right to claim joint and several liability against the aforesaid Defendants at trial. 18. Counsel for Defendant, Joel Cummings, has agreed to stipulate to consolidation; counsel for Defendants, Johnny K's, Inc., John Kritikos, individually and t1d/b/a Johnny K's, has not agreed to stipulate to consolidation. -4- Document #: 239230, I ~~g ~~" ~ "" ~ _'~...... I I"., .I~" ~,~, ,'".-,\.-,"', - -+'^'>',.)~C".";";~~, WHEREFORE, Plaintiffs, Halie Duncan, a minor, by Kimberly Duncan, her mother and natural guardian, and Kimberly Duncan in her own right, respectfully request that this Court consolidate both actions brought by them as a result of the motor vehicle accident on August 19, 2000, under Cumberland County Civil Action No. 01-2398 and that the actions be consolidated from this point on for the purposes of discovery and trial. METZGER, WICKERSHAM, KNAUSS & ERB, P.e. By: ~ ~d""~U-:;:; Clark DeVere, Esquire Attorney LD. No. 68768 Andrew C. Spears Attorney LD. No. 87737 32 I I North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Dated: /h-'J'UJj... /\",", Zooz.. - 5- Document #: 239230.1 ~\j ''\j'i!JL'' - -~ ~ < ~ ",_""L ....~-'""- ,~' ~-" " V,"-,"'- ..~ CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law finn of Metzger, Wickersham, Knauss & Erb, P.c., hereby certifY that I served a true and correct copy of the foregoing document with reference to the foregoing action by first class mail, postage prepaid, this 15th day of August, 2002, on the following: Joel Cummings c/o Andrew Lehman, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PAl 7110 Johnny K's, Inc. and John Kritikos, individually and t/d/b/a Johnny K's c/o William P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street P.O. Box 261 Carlisle, PA 17013-0261 ~ Clark 15e Vere, Esquire Document #: 239230,[ '-" . ~- - "' 1. __, , . HAllE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, PLAINTIFFS V. JOEL CUMMINGS, DEFENDANT ,,' "J ,'~ ._" "' ~l.........' , ',- '. ,',- ~';"'."" ~~fJi-;;;;l",oi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-2398 CIVIL TERM HAllE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, PLAINTIFFS V. JOHNNY K'S INC., JOHN KRITIKOS, individually and t1dlbla JOHNNY K'S, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER OF COURT AND NOW, this ~ day of September, 2002, following a review of plaintiffs' motion for consolidation of the above-captioned cases, and the objection of defendants, Johnny K's Inc., John Kritikos, individually and t1dlb/a Johnny K's, to consolidation for purposes of trial, the Rule to show cause entered on August 20, 2002, is made absolute. The suits at No. 01-2398 and 01-6515, ARE CONSOLlDATED.1 ,/ I See Terwilliger v. Kitchen. et al.. 781 A.2d 1201 (Pa. Super. 2001). 1\ ~~"=>J"- .. " , , I /9lark DeVere, Esquire For Plaintiffs ~.- -, ~I (William P. Douglas, Esquire For Johnny K's, Inc. and John Kritikos, individually and tld/b/a Johnny K's / Andrew Lehman, Esquire For Joel Cummings :saa , . - ,,: ~ljWlf ,~~~,: , HAllE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, PLAINTIFFS . V. JOEL CUMMINGS, DEFENDANT I 1- .,c - .1 " ,-', ", '-': '<"""",,;JJj~T' ,~ 'iflt'~'ib,,"il>'f,,,^:- " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-2398 CIVIL TERM HAllE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, PLAINTIFFS V. JOHNNY K'S INC., JOHN KRITIKOS, individually and t1dlb/a JOHNNY K'S, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6515 CIVIL TERM / ORDER OF COURT AND NOW, this 1\ s r day of March, 2003, upon consideration of the Petition for Approval of Minor Plaintiff's Compromise Settlement, it is hereby ORDERED AND DECREED that the settlement for the gross sum of Two Thousand Five Hundred and 00/100 ($2,500.00) Dollars is APPROVED. Counsel fees and expenses are found to be fair and reasonable and also approved as set forth below. The distribution is directed as follows: (a) The sum of $1 ,784.09 shall be placed in a federally insured interest bearing account in the name of Halie Duncan, born December 9, 1985. The account shall ,/. contain the following notation: NO WITHDRAWAL SHALL BE MADE BY HAllE ~ / ./ . ,~ , ,'=,,_.' ,~~.:>",I,,-,' ~" ~ >- ,.,' 'I'-'C'. ".: '.~""~"''''-'''"~, ; .. DUNCAN BEFORE SHE OBTAINS HER MAJORITY UNLESS BY ORDER OF A COURT OF COMPETENT JURISDICTION. (b) To be paid to Metzger, Wickerhsham, P.C., for counsel fees, the sum of $625.00. (c) To be paid to Metzger, Wickersham, P.C., for expenses, the sum of $90.91. (d) Counsel for plaintiff shall file proof of said deposit with the Prothonotary with a copy to be forwarded to chambers. Clark DeVere, Esquire For Plaintiffs William P. Douglas, Esquire J For Johnny K's, Inc. and John Kritikos, individually and Ud/b/a Johnny K's ~ ~ 3/310.3 Andrew Lehman, Esquire For Joel Cummings :sal 9-. ..:-'~ ~" ~~ n''''_ "__~~~ ,__~ "",,- _ < - ", ,~'N -~ ,_ ~ "~'J",,, _",.,~ ."~,'_ .. OF r, fJ1E/)'/1,'" li-,'" "'," ,-"r/-/('v:: J,.. i-'::r}~-: I-,,~~"I_ '-',:,..',r,,/r\>Tlf' ";/u-/Y 03/Un? ' Ij '-'I IIf/JO: I, 7 . c., " l'" -',~ "'v'loi-u, ,', p'...I,'!....,.<.'{"" 'ENi\jS~z.:CIJ CO; 1/\ '7"\ I 'lANt('!I/ , " ,-". ~,~!ffI ; iIl1. ,_ _1iI(fIIlil'~?\11~1'~..~,~,~~ "J~")N(1<1\ll1!Jll~II~~,~_~~~''-'-i"'~i'j'~T''-''':>';''- -,t';:'~"'f"~:E''6?P';~n-~~Ji-,,'f;Jj>);-iIJ1!!~ij'W)l'Wl!fi*\--',,~. - " I ","-,_ _ ,,' 'L ~, ~"-'>' ":~,,;-,\:<~' '; -.',' ',",'v - ll"'~' '-;9~' . , HALlE DUNCAN, a minor, by KlMBERL Y DUNCAN, her mother and natural guardian and KlMBERL Y DUNCAN in her own right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01"2398 CIVIL ACTION - LAW vs. JOEL CUMMINGS, Defendant JURY TRIAL DEMANDED * * * * * * * * * * * HALlE DUNCAN, a minor, by KlMBERL Y DUNCAN, her mother and natural guardian and KlMBERL Y DUNCAN in her own right, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 01-6515 Civil Term / CIVIL ACTION - LAW vs. JOHNNY K'S, INC., JOHN KRITIKOS, individually and t/d/b/a JOHNNY K'S, Defendants JURY TRIAL DEMANDED PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT Pursuant to Pa.R.C.P. No. 2039, Kimberly Duncan, as parent and natural guardian of Halie Duncan, files this Petition for Court Approval of Minor Plaintiff's Compromise Settlement and in support thereof avers the following: 1. Petitioner, Kimberly Duncan, is an adult individual residing at 321 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Petitioner, Kimberly Duncan, is the parent and natural guardian of minor Plaintiff, Halie Duncan, who resides with Petitioner, Kimberly Duncan, and who is 17 years old, having been born on December 9,1985. - 1- Document #263049 " ~ - o'~[; ,,- ",;," >' '1..< ._ ",~ "'",' _"r '.""~;" i ~,. ~'~~ , f . 3. Minor Plaintiff, Halie Duncan, has selected Petitioner, Kimberly Duncan, as her parent and natural guardian, to represent her interest in this Petition. 4. Defendant, Joel Cummings, is an adult individual who resides, on information and belief, at 12 Valley Street, Duncannon, Perry County, Pennsylvania. 5. Defendant, Johnny K's., Inc., is a Pennsylvania corporation with a former place of business at 6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 6. Defendant, John Kritikos, is an adult individual who resides, on information and belief, at 50 Hoover Road, Carlisle, Cumberland County, Pennsylvania, 17013. 7. Defendant, John Kritikos, formerly owned the property at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055, and formerly did business as Johnny K's. 8. On August 19, 2000, Plaintiffs, Halie and Kimberly Duncan, were involved in a multi-car accident caused by Joel Cummings on the Carlisle Pike, in Hampden Township, Cumberland County, Pennsylvania. 9. The accident occurred when Defendant, Joel Cummings, swerved into the right lane in an attempt to pass the vehicle in front of him in the left lane and crashed into the rear of adult Plaintiff's vehicle pushing her vehicle into the rear of a third vehicle, which was then pushed into the rear of the fourth vehicle. A true and correct copy of the police accident report is attached hereto as Exhibit "A" and incorporated herein by reference. 10. On April 24, 2001, Plaintiffs commenced the above captioned action against Joel Cummings by filing a Civil Complaint which was docketed at Cumberland County Action No. 01-2398. - 2- Document #263049 '2,& , ~,I;- t..." ";:,',, . <,,:';';"'i ,'," ';;";'~'O:'~''''''''>:''.'''' """, ~['" '~-'~J2~1 , 11. Plaintiffs allege that their injuries were caused by the negligence of Defendant, Joel Cummings, including driving while under the influence, a violation of 75 Pa. C.S.A. Section 3731 and applicable law. 11. On February 20, 2001, Joel Cummings, with representation by counsel, pled guilty to driving under the influence and accidents involving deaths or personal injury and was subsequently sentenced for these offenses on April 3, 2001. 13. After the aforesaid Complaint was filed, Plaintiffs conducted discovery, including the deposition of Defendant, Joel Cummings. He testified that he was consuming alcohol in a bar which was later identified to be Johnny K's located at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, from approximately 3:00 o'clock p.m. to 5:00 o'clock p.m. on the date of the accident on August 19, 2000. 14. In addition, during the aforesaid deposition, Defendant, Joel Cummings, testified that he consumed three beers at the establishment and that he had not had any alcohol in three months. He further testified that he had cut himself off from drinking because he felt that he had had one too many and because he felt that his vision was starting to become blurred. Shortly after he left Johnny K's, Joel Cummings caused the aforesaid accident. 15. On November 16, 2001, Plaintiffs commenced a separate civil action by filing a Civil Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, against Johnny K's, Inc., and John Kritikos, individually and tJd/b/a Johnny K's, docketed at No. 01-6515. 16. An Amended Complaint was filed against Johnny K's, Inc., and John Kritikos, individually and tJd/b/a Johnny K's, on January 3, 2002, alleging that the Defendants violated the - 3- Documen1 #263049 ., '. ,1 ''''-",1,. -_,,' ,~"""~ ,'~,' ;, ,:'; ">' .~ '';, .', L-i ' '~;i(~~ Liquor Code including 47 P.S. Section 4-493(1), and Section 4-497(1), and Section 4-497, by selling, furnishing, and/or giving liquor, malts, and/or brewed beverages to Defendant, Joel Cummings, while he was visibly intoxicated. 17. On August 15,2002, Plaintiffs filed a Motion for Consolidation for the purpose of discovery and trial on the basis that both actions have the same set of facts and arise from the Plaintiffs' accident on August 19, 200, and that consolidation of the cases would avoid duplication of expense, both in additional discovery and trial, to the benefit of the parties and the Court and that Plaintiffs wanted to assert their right to claim joint and several liability against both sets of Defendants at trial. 18. Counsel for Defendant, Joel Cummings, agreed to stipulate to the consolidation; counsel for Defendants, Johnny K's, Inc., and John Kritikos, individually and t/d/b/a Johnny K's, declined to stipulate to consolidation. 19. On September 5, 2002, the Honorable Edgar B. Bayley consolidated the two cases for purposes oftrial. 20. As a result of the aforesaid accident, minor Plaintiff, Halie Duncan, suffered trauma injury to her back, neck, ann, and head. Halie treated at Holy Spirit Emergency Room on August 19,2000. She was diagnosed with musculoskeletal back pain and was discharged home with head injury precautions. Halie treated with her family doctor, Karen Campbell, MD. at the Mechanicsburg Family Practice Center on August 24, 2000. Dr. Campbell diagnosed Halie with a cervical and thoracic strain secondary to motor vehicle accident. Halie has not treated since and has recovered. A true and correct copy of her treatment records are attached hereto as Exhibit "BOO and incorporated herein by reference. -4- Document #263049 , J "' , "'. ;"'.' . ~ ' ~',,: ; '.' .' . '"_""''''''''l.'J*'~'"j 21. Minor Plaintiff, Halie Duncan's medical bills in the amount of $323.25 have been processed for payment under Petitioner's automobile policy with Erie Insurance and there are no outstanding medical bills to her knowledge. 22. Minor Plaintiff, Halie Duncan, was not employed at the time of the accident and there is no wage loss claim in her name at this time. 23. Defendant, Joel Cummings' liability insurer has agreed to pay Two Thousand Five Hundred and 001100 ($2,500.00) Dollars in full and final settlement of minor Plaintiff, Halie Duncan's claims against both Defendants. A true and correct copy of the offer letter from Progressive's attorney, Andrew Lehman, is attached hereto as Exhibit "C" and incorporated herein by reference. 24. Petitioner believes that the acceptance of the offer in settlement of the liability claim against Defendants would be fair and in the best interest of the minor Plaintiff, Halie Duncan because of her limited injuries and treatment. 25. Counsel was retained by the Petitioner to represent the minor Plaintiff on a contingency basis of twenty-five (25%) percent, which fee is fair and reasonable for the time and effort expended on behalf of the minor Plaintiff, Halie Duncan. A copy of the Fee Agreement is attached hereto as Exhibit "D" and incorporated herein by reference. Counsel has also incurred the following expenses on behalf of the minor Plaintiff: Medical records, Fast Photocopy. Postage. Long distance phone calls. Court related expenses. TOTAL. $ 66.24 10.11 5.56 9.00 $ 90.91 - 5- Dl)CUment #263049 : ',I". ~'4 _" c' _ "0'..1..:,;.. ' ,0', ' , '~ " ,'~ , ';,,}.\~,;;; 26. Petitioner respectfully requests that this Honorable Court approve the compromise settlement of this claim in the gross amount of Two Thousand Five Hundred and 00/100 ($2,500.00) Dollars, which Petitioner will receive directly for the benefit of the minor. 27. On approval, the Petitioner will sign the Settlement Agreement and Release, a copy of which is attached hereto as Exhibit "E" and incorporated herein by reference. 28. Upon approval of the minor compromise settlement, the Petitioner also desires to discontinue the action filed against Joel Cummings and Johnny K's, Inc., John Kritikos, individually and t/d/b/a Johnny K's, upon receipt of the $2,500.00 to be paid on behalf of Defendants. 29. All Defendants concur with the filing of the Petition and also seek approval of the minor compromise settlement under the terms set forth above. WHEREFORE, the Petitioner respectfully requests that this Honorable Court approve of the minor Plaintiffs compromise settlement and enter an Order distributing the funds as follows: (a) To be paid to Kimberly Duncan, who is appointed guardian of Halie Duncan for the purposes of this Petition, the sum of $1,784.09 for the immediate benefit of Halie Duncan; (b) To be paid to Metzger, Wickersham, P.C., for counsel fees, the sum of $625.00; and (c) To be paid to Metzger, Wickersham, P.C., for expenses, the sum of $90.91. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: c'~~ ;;U Clark De ere, Esquire Attorney J.D. No. 68768 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: 3-~b-03 - 6- Document #263049 ~ ,-<~ , -.J , :1, '~.' " ,,- ~" c' ....L;.'",'""b.~~1 ~-/ ' --- l~,;"~~)\'~~S~~:lrl ~~E~~R T? 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LIKE INSURANCE INFORMATION AND LOCATION OF TOWED VEHICLES, IF KNOWN. VI ~ i<<..Avf:;WN1"? ~(I1-SJ IN~ / --'. - { ^ ,...- ~ '71I-t ~t<'L-6 PI/L6' (vs. LI NoL<-..t) - ~J,o-o @vo-c.~<-. V2. ~ STt;f"f'Ev I N T~ (Z.H::,Irl-T L.4-r-f:6 o-r=- ~ c...A-R..L..-LS u:::, PI K€. $2.. w-..A--& (3,t;;.t+t N:P \f3. $J l+1 C+\ ~ B,0t-!-1 N'h V Lf , \J 3. i V4 WttZ,E Il--l.-So g--~%D. . w 11~ Y6LT'f $Tl'l-~i:> -.. I ^ - I \f I 'S~\N6D 1 N"rO Tl-i-G e,\61:1-1 L.~ IN A-N ~"....- -,-c g-M6 TftE', \JEL-h c..Lk: l N F~J CYP l-hM. r+o-w~\J61Z., !-\-€ MP~Tl::!:I Dit;>rJT ~gE~ TH-'+"J TtVtF"F,(- IN il-hS /Z-lbHl L-.-'Jo-:l~ t.....M-:'S STMP6-P. VI ~t+G1::> f~ rf-}-t (26ft-(L f>-.F \12-, Fo~ Nt::, \[2- IN-ro nk: ~ o--F v3~D Tt-/ErJ \/3 ' LNTO J1.~ ~It-(L trPV4, V l Th6tJ Fu.:;-D IliE $.c.EN'C 6-F --n~ AC--c-ll>6rSf'; vJ I TN6SS FEGI'-f ',J}, J :-Mf/Tr3J:> "TD FoLJ...,.Ow V I. INSURANCE COMP~_/, n .-_",',_'''- INSURANCE COMPANl-a/r":" j_'( ,-v INFORMATIONI""ILlJ"".<-=S,,,,,,,,,,,, INFORMATION ~Jlc.. <::; '~O>. r-;r-; UNiT po~gY G,c ss-<o .eN 3, _), UN~T po~gY Q II S- J l::i772 <if H NAME , ~, ' ADDRESS, ' , ' PHON\;. 88. 5\1-Aur-\ Fe,-., n:n. SGGv6f1-.'1 tlR, Jv\t:t.H-A-NI C-Sts...."I2k, pA lion- <:O'i 1-'is"S""39 WITNESSES ~~~'1"-i2~...ee. 1.3::' ko,)....BId2-~'1 ~~E~Gl.t:f,q.;..IC.::,lSu-eh PA nuSS-' P~Ijf'_Og-8'7 89 VIOLATIONS INDICATED 90. SECTION NUMBERS10NLY IF CHARGED) TC NTC . ',' " UNIT 1 'Du.J:",J\C'-'I'C6NTS IN'J"O/.)/'f\JG p~.".JA-L lj..,;r-~ "S"7"l.I)3'<{"2...: "3112 "',<.;.... 93.)RESULTS ONOTEST~l" PROBABLE ~ 0 REFUSE USE o.J.k%o UNK UNIT2 D ' 92.) TYPE ~ TEST '2- , , 92.)TYPE ../ TEST DO DO o ~RESULTS ~NOTEST 94.1NVESTIGATION , 0 REFUSE COMPLETE 7 '0'_-%0 UNK YES ~ NO 0 AA-45 (7/98) 3273021 PAGE: ~ PcnnDor - BHSTE ~- 1 ~ ; I ~~ ~'" '-,",I~ ,,"" " - '"'-.'~"~-" ',""''''''' ""'" ',", ' '- ""r..i.~ ':1-?litil .,X)"..</I".<bl , . m. COMMONWEALTH OF PENNSYLVANIA 'l:J! 'pOLICE ACCIDENT REPORT Xl( REFER TO OVERLAY SHEETS REPORT ABLE tiKi NON - REPORTABLE 0 PENNDOT USE ONLY :~;!~~~~~i~\i\~ihi~t~BOPI9~~R()#M6Iid~:.~;1{!'.J~t~~~~~~: ",'~i~1i(.Aq,q(Q~~I'LOCJi.:fIO~,:?~~~0 .'." , ' NUMBER ' 17 o-~ G-fl.. L.4-N D '2:t 2.~~~~CY ifI4v>1PZ;>I:3t0 I'->P PDuc.61/ef/ 21.MU CIPALpDG-J T.......f c~3 3~~~~~T 4~~~~OL Sw 'PRINCIPAL ROADWAY INFORMATION 5INVESTIG(1-,OtM . $ r-1 'I D6t2.... ~~~~~ J q -II 22 ~~~~N~~: V S 1/ ~ 6, APPROVED BY BADGE 23. SPEED L '0 NUMBER LIMIT 7 0 CONTROL 7'~:itIGATIOrtz_ ''1 -0-0 8.~~~VAL 1'1 D I INTERSECTING ROAD: ~~tlKf~~ct!oENriINfft;RMAf;roN'~~ 26. ROUTE NO. OR ,.i.. ,_ ,,,<;'.. "_",~i~;,,_, ""l..,.~"..-.,;.._"" ,<~::"~.~_,"',,.,"')I-,,c,._>-,_,~..---',o-,,<.,~ STREET NAME 9. ACCIDENT 0 J q ~ 10. D!\:( OF WEEK ' 27. SPEED DATE l) ~ -LA--' :::...4--""Tt.>-I?-t;.."A- LIMIT 11.TIMEOF I 0--<-1 12. NUMBER II DAY " 0 () \..,::I OF UNITS' } 13. # KILLED 4.# INJURED 15. PRIV. PROP. yON!VI" o ACCIDENT lJ"-i. 16. DID VEHICLE HAVE TO BE 17. VEHICLE DAMAGE CD REMOVED FROM THE SCENE? II O. NONE UNIT Jl!3 I UNITj( 3 UNIT,K., 1-L1GHT rVr )Q'\ 2. MODERATE ~ yON'A yON ~ 3-SEVERE UNITJl'Lf~ 18. HAZARDOUS 0 IV1 19. PENNDOT MATERIALS Y N lJ6.I PROPERTY yO .r"""''"''''i''';'''iil1>,''t:->!~g~~i.a:,,"'''''"'''W,<0~ ""!!I,+ai>';"":ii'~,'" :~gl~~;i!:'~i')1f~~~~~~p~J~~~r~~3t~~i~,~:'<'ifu~~,' ~6. LEGALLY Y N 37. REG. -0 Il 07C 38. STATE PARKED? 0 PLATE pW , 0' A- ~9. PA TITLE OR OUT-OF-STATEVIN 3'ble'6 QS-2,o 40. OWNE'\,CM M 6 L..-- S ifoleL v"1 &v<1, I/J C . 41. OWNER 2"''''' .1 ,I Y ~ ADDRESS I:>,;;> UN'C-o"l...-l" TTW C 42. CITY, STATE L -r-;~ n fl ^ ..., ( ...., & ZIPCODE 1>cN~ I l::; 1'- r".,. \ 1...0 L-- 43, YEAR I '6 (., 44. MAKE C 1\-61/ 45,MOOEL-(NOT '" __ -12 n __ BODY TYPE) L--8!--E,<:>'c,' I 47. BODY 0 II 48. PECIAL TYPE '""f USAGE 50. INITIAL IMPACT 51. VEHICLE POINT STATUS 53. VEHICLE ..., 54. DRIVER GRADIENT &- PRESENCE 66 ~~~~~R 2..S-~ (r; D s-s- 9 58. ~~~~R S~N ,M. If I L.L 59. DRIVER , AODRESS 30-0 ,JvtUMPGfL l-N. 60. CITY, STATE ~ I t..L-S '" . n I n ^_ & ZlPCODE V -0v-1"-10 t' rr 61.SEXM 62. DATE OF 2 "''' ()o 0 BIRTH - <.-;:,- D 64. COMM. VEH. 65. DRIVER /1 Y D N CLASS L- 67. CARRIER 30. CROSS STREET OR SEGMENT M,4.RKER 31. DIRECTION FROM SITE N S E 33. DISTANCE WAS 28. TYPE 9. ACCESS HIGHWAY CONTROL - IF NOT AT INTERSECTION: .5' fl-t.Gvt CH-v-l2.Lff (<:b . 32. DISTANCE Ii 3 too' FROM SITE 70FT. MI. @CONSTRUCTION 20NE MEASURED [2g @TRAFFIC CONTROL DEVICE EST'MJ\TEO o PRINCIPAL [Q] INTERSECTING EJ UNKD UNKD 2. 68, CARRIER ADDRESS 69. CITY. STATE &ZlPCODE 70. USDOT # ICC # PUC# 68. CARRIER ADDRESS 69. CITY, STATE & ZIPCODE 70. USDOT# PUC# 72. VEH. CONFIG. 75. NO, OF AXLES AA-45 (7/96) 74. GWIR 72. VEH. CONFIG. 77. RELEASE OF HAZMAT 75. NO. OF yON 0 UNKO AXlES 74.GWIR 3273022 77. RELEASE OF HAZMAT YONDUNKO Pel1nDOT . BHSTE '~ 'I.~ -, , ,~' '. ~~_W""J",~~.-' 30A,/:;2.:;.g " , Co ;0 78. ReSPONDING EMS AGENCY .4--MBt/.,. 'Z,{n 2 INCIDENT #: ItO 00 79. MeDICAL FACILITY . l-tu L,,'1 SP, R-IT H--0'5PIrA-L ACCIDENT DATE: 'if-l'i-o-o ~eOPLE INFORMATION , BCD E 'F G NAME ADDRESS H I J K L M , , See YG2 , , , @ ILLUMINATION 1 2-1 @ WEATHER I 01 86. DIAGRAM i 0 @ ROAD SURFACE [J] i 84. P~NNSYLVANIA SCHOOL DISTRICT ._--_......._..~.-- ........I..~h... . ....- ............._._......~+........._;--,._..._.._._........_.. ..".........,,-.- '--'....i--'-"- ...--_............ (IF APPLICABLE) i Stir; Pb L , 85. DeSCRIPTION OF DAMAGED PROPERTY ' ' ._..._..........._.._._*-~.__..j i ......_-_...._......_~.__._..._..,...-...'- .'.-.....'..--.......-.......'......!-.-.-... -........-.-.,..*,..---..-..--....-.,,-...-- ..---.- . ....,...---,~ , OWNeR i i ADDRESS .-.- .......,....-.- ..........,...~._.~._...._.".._._._._._- ..,.----.-.......,.. '-"'-..--...". ..-..-.-.-.-.-...----.-....- ..........--.--.-.-..- ...-.-....- ..., i , PHONE i , 8T. NARRATIVE -IDENTIFY PRECIPIT~TlNG EVENTS, C~US~TION F~CTORS, SEQUENCE OF EVENTS, WITNESS ST~TEMENTS, AND PROVIDE MlDITIONAL D~AILS; LIKE INSURANCE INFORMATION AND LOCATION OF TOWED VEHICLES, IF KNOWN. B,v-r V( ~\L-G-D Tb 'STUf' f+t2- ~TGA-'b y -f2..hD L-lbt-h~ A-0JD II B6c.I"\-M~ \l' N 5) A--F'"~ F&lZ. WI1!'~S -HSL.:r-f To ./=6 ~ . VI ~ L..4--""T1212-- -z,-ro-PPGD. I}-T /9n /-kl.-S. '3'1 $bT- SA-bL-E::(C e PrLv'V/ , 1<( L- V-U(. c:rr S ~12.. S-Ptz...l~bT~H-vP Pe-z.....l~. IFI 6G-i C- \-!- v-A--u...-E'1 I L.v'c Cl-b of ~ CfHl-L..-ISL-t Pi 1Lt;; II N $//..-vG-fL '$ffZ-[r'~~ T~J. iA.HTAJGs.S, r-'~r7 10.. ES,' Wv4\-"S ~ TGi:;> TO 'Tth:=": S~ of="" ~J 'HZ-.4+=p( c... S tr::rP . w 1t6ru;; c.. t'J II =S i('6S 1.1\1"61--'-1 JDGI-->7/ r:=:-le?::> b f?-6R- \/1 . cy;~ VI ~ \flS,1 S\.,--'-f tN~1 ~ AtvD 0kS C> LlJ-c.G-p uN't>~ ~.., fW.. ~V'r-. .'~ rA.96N-n lNVot-~ 'P~ S--(L pQU,oNA-'-- /, NT ()-{t, '-1 . J.l-,--li::>'~(C- ~v-rz..c-L. S ~&N-kLS. /k; w-A-:5 TlfGN TI2.~ P-.>-a:lG=-b 'TO 11f-G wG':,r st;f&12.6 ~~Tf2..A<... ~c..e5SLNb' w!fG/L~ INSURANCE comfl.,lc..-1-N 6""1 p '-01 G{t.::, ,,,,So Co. INSURANCE COMPAN;4t.;LS TlrrE" trJbGM,NII'1 Ui. INFORMATION INFORMATION u~.:J 3 POLICY .4:vJ"Z. c., t.J- Lf I UN~ I.}. POLICY NO , NO NAME ." ADDRESS l'A pJ";:r D %' I 03. (?, [;{HON~ . 68. S\kJ.R.L..1 N r~1>6S 1"2..7'1 I A AN€ w..'l>€1-J 'Ss<,. a,IA - 07'12 WITNESSES NAME , ADDRESS PHON~ ,,' 89. VIOLATIONS INDICATED 90. SECTION NUMBERS (ONLY IF CHARGED) TC NTC UNIT 1 0 0 , DO UNIT2 ~ROBABLE ~:;VPE ..::JRESULTS GllfNO TES:WROBABLE ~TYPE ~RESULTS ~OTEST 94.1NVESTIGATION USE TEST o REFUSE USE TEST " REFUSE C~~ETE ? uNiTtI () 0 0'_-%0 UNK UNIT 0 .. 0 0'_-%0 UNK YES 1;0 0 AA.4S (7/98) PAGE: L/. PennDOT . BHSTE 3273022 '," , ./'!.''''TlI~ m -" ;,'"",-~,I;'o.,,;' . COMMONWEAL TH OF PENNSYL VANIA PAR CONTINUA TlON SHEET .,,7,'_, .3<J-'/t'.;;b'i' ~''''''''''"''''''M-..~U''''';;;''~ (xX:) REFER TO OVERLAY SHEETS ",' REPORTABLE u.m NON.REPORTABLE 0 PENNDOT USE ONLY '''~ of .~ IfilCIDENT I/D-OO I ACCIDENT $(- - I q 00 COUNTY z..I I MUNICIPAL 10"3, NUMBER DATE -- CODE CODE ~~RSON INFORMATION - USE OVERLAY # 2 SHEET FOR CODES BCD E F G NAME, ADDRESS H I J K L M , , " , , .... , 87.~R~~ 7'r;;sr~ IfVt\MN"VSTGrl...6b. -rk IZGSua5 frl:::". ~ . : . . -Tt?5 r 0~ O. i (.. 2- 70 Mf!... , . . ~ fZ,y VI .~ ~f?. "Th- f'J6w r.i. l,..J GS-'TD>"0 .~ ~ ' , , . :'. ~ ' , ' . . . \(2- W-A6 ~ (& 'I (ID ~'~1~c ~ iGeS cJ6 ' . , .. APGit vz. 'f NCi2....- V3 0-6 () ?: ~ ~9da..T8i> 12,<"'1 i\ " f2 . .A ..:rLP , Iftn.-L/ sPt-f2.../T ~ITA1 '-h:) . . . . ' . .- -c , : .. 89. DESCRIBE VIOLATIONS 90. SECTION NUMBERS (ONLY IF CHARGED) Te NTe . ..' , , , 0 0 UNIT 1 , UNIT 2 0 0 i}.ii~l ~~OBABLE .:Q:PE VESULTS DNOTES:~ROBABLE ~;E ~ESULTS D NO TEST 94. INVESTIGATiON USE' TEST D REFUSE ,'.." .. USE ; TEST 0.__% 8 REFUSE COMPLETE ? UNIT 1 O. % 0 UNK UNIT2 UNK YES ONOO AA-45C (1192) PAGE.-.r CENTER FOR HIGHWAY SAFETY ~~ ........ ) ) "" ~" " - ~ "I~, ,,- : . CERTIFICATION - _ '" 0... '<"'-,,,, ~""I......". ';.;;; _ _ ~ ',; ~":"", AJ'i>.<I;"""",,.:'-"'i~~; The copIes of records for which this certification is made are true and complete reproductions of the original or microfilmed medical records which are in the offices of the Holy Spirit Health System. The original records were made in the regular course of business at or near the time of the matter recorded. The certification is given pursuant to 42 Pa.C.S. Ch. 61 Subch. E (relating to medical records) by the custodian of the records in lieu of his or her personal appearance. Patient: SSN: DOB: Halie Duncan 166-68-4040 12/09/85 Medical Record No.: Number of Pag . Dated: cr, g-),tV S~~<.j~ed and @:v2f1.1 tp before me ~dayof~OOO. Notary Public LfYlltl..o.ili4 My commission expires on: N!llarial Seal '"elle L. Stouffer. NoterY Public 1!1\ BoRl, Cumberland CounlY ,~.\on Expires Oac, 11. 2000 Document #; 185090.1 ytvJ of Holy Spirit Health System ~~ ""L~'..-~.,..I.""' - ~ -:...- . ".,--'.-.,' , .'-- :,~-; ",j';- ,.-~ ~k; .. - . - ~ - ...... t.: . ') ) fISH lR fDI.m m.b OA1L: 01.1/19/00 NAm: lllJNGAN ,llAl IL J APUR~GG: 321 HDGEblUWN RDHU filfllllD?lIL' ll'lO'l/I'lU:' ?H,L' L r1PLUYCR: UNLHf'lOYI.LJ ~)tJ{)nl. (>':.J ~ U1UI,<..t-l: I,ClNMU11 ~ 20-36 f-'I*: 15~ID1DO MHI: 20171.13 58 #: 166 68-4040 /HI:.LHANI(;SI.JURG /f-'AlI70S::> I'HlI: 717-697--:;;33~; 14 :.!CX: I" lIS: J kACI:.: 1 &EO: D(;(,UF'A1ICJN: UNL/SfULJlNI / l f'llll: l t,ONE I'll'll.;: NHNl: AOOH~St) ~ LM1.flGlNCY LONl I'll. 1 1 NF ORMAllON I)UNGAN ,KltlllLl~lY ,1:I:::L ro P\~ l\ WORK \'H *: '=l;::l HUC,ES1UWN [,DAti /HLOtANll"l.;lJI<6 Ir'A/1'lO~'> 1-'1: *: '/li'-6~'/'-3<:;33 NilML: AL'<lJ.RE..SL: HU. 10 PI: 110M 11 DR: 1 BOO I B Ll) ?,IINU I)H: \t)I)l)ll) LO llE.l Ul lJR: IwHtl nx: Lj))lj>LAl NT ~ NU..K AND BALK PA 1 N AMB !J1~1 ] N IJ)': I tltiNLN 1 : l , , WU1~K I'I-! II: ~'Il If: IN! OllMAllON f~l:& ~,OUHU_: lU f ATII:..N-I 11'f'1:..: I:.. nusI--' Sfl<V: [J<l I INANCIAL CLS: I VISII LLINIC LUuE: lHI leD? 1.),{: lJHl IN lJ)': A11l:J ALU UUll I loll UHMA'I ION )Ir /1 (~ll : 1)8/19/1)1) I'J:l::1 Ace fNO: H JOB RFLArI:,1.): N IAbUlI Pl ] ON: MVA PASSCNGlH- [RONl blAl -ioU, I HA I NlIJ LOCAl ION: ~I'lHl : )lmHl ',',: MrLOYU~: :lllMl ',', ~ LUll, J , r RANc.l S J<? 1 HOOlS IOWN JlLlAO DVCRN I GHT rr,UCloI I Nl> GUM/AN I 011 I Nf URMA I ION f'l P[ L 1 0 BUAr~: 0 /HI:.CllHNll.l.'-SURG /[>1'11 1 ll):;5 (,ON I AU NIlHL: bb #: I~H #: ,'1? 69~l-3..J.:)9 I / 1 FH I: "] ?lN II~SUf.1IlN('l CUG HLL l'e. I 1 Nr OfiMA11 ON PUlll_Y If vr { lAH!.I I'Rf"lLHT/AUTll ~ GROUP It FRl:.lLR'1 rHONl:.. It IN' ,IJI :ANO:, <;0 ~Uf:lSCHI [JE[, I ~Iu I AU I 0 I N'"UI(?)W'I:. I /U UUNCAN ,KIMULRLY ~I,.HIR' O()I~l'J':l: Z (J AUMP,US HLlII l'lIS/Pi-'O t. IIH ,I l~ANC [:; lNf.,\lP,AI'UI,U.>S: ['0 BUX 8C\1'iJ 1.1 y N u VLW,o("'040 " y G 8LU1:.. BLLL ['A 1'/4<':<: , " ~'1,,1 E~d,l ~i'S 1 NbUK, AlJ[![lLbb: 4 1 NSUH, A[)I)[~L ss : lNHOl1 '" ~ I 110 HEel! . AM I 'HACT t CI:: .l, t lLN J NAML: tJP..)lt Hl. \) U'i: L'UNCAN , HAL I L J CtlS\Kl \o\)11'd) .S>. 1 'lit: C~ \1/'1, ~<l 0 I 00 131:__~!.."'\_" Uf'\1s:__~1'1 "-NO Mlllt: l::OI'l88~ Ol lItlCUMc.NI V ..,.n....j fHt..'1<l.. rl1n ~ PI\~ Uf,l''-' ~ 1'1 r f ~ I ~ ,--," ,,,. ",", I i< 'ok . ;;'.~.i.L,-,"'~~.."- '",; ,., '_1Io.f_Yc , ' - CONSENT TO MEDICAL TREATMENT ') I HEREBY CONSENT AND AUTHORIZE Holy Splnt Hospital, Its agents, and employees, to the rendenng 01 methcal care, whICh may Include . routine diagnostic procedures and such medICal Ireatment as my attending or consulting physiCian conSiders to be necessary' also under- stand IllS cuslomary, absent emergency or extraordinary CIrcumstances, that no subst.nlJal procedures WlU be performed upon me unless or until I have had an opportunity to diSCUSS Ihem WIth e phySICian or other health care prolesslonalto my sabslaatlon "I am a competent adult I have the fight to consent or refuse 10 consent I understand that the pract,ce of med.Clne and surgery IS not an exact sCience and that d.agn~. SIS and treatment may Involve flsks of Injury or even death and acknowledge that no guaranlee hes been made to me as to the rasuns 01 any exammallon or trealmanl.n thiS Hospital I understand many 01 the physlCl8I1S on the staff 01 Holy Splnt Hospl1al are not employees or agents of the Hospital, but ralher are .ndependent contractors who have been granted the prIVIlege 01 uSing these facl~tles for the care and trealment of their patients Further, I rea~ze thiS Hospital.. a teachlng Hospital and at the Hospital are heahh care personnel In t/llmlng who. unless expressly requested oth9lWlse, may pal1lcipate or may be present dunng my care as part 01 their education Stili or motion pictures and closed CIrcUIt monrtonng 01 pat.ent care may also be used for educational purposes, unless I expressly request otherwise I understand that m order to ensure a safe enVIronment for pallents, vIsitors and staff all property on the premises of Holy SP'r;:.HOSPltalls subject to reasonable search and/or seIZure at any lime Without rurther nOltce I \ I / , nllas ~ RELEASE OF MEDICAL INFORMATION I authOrize Holy SPlfll Hospital 10 release to requesting health Insurance carner(s), their representatives and auditors, and any ref.mng health care providers, such dlagnostlo and therapeutic mlormatJon (mcludlng any mrormatlon relating 10 treatment for alooha' and RubstFmce aOORe andlor treatment 01 DsyehlatrlC disorders and/or conhdenbal HlV related .nformal/on. as maybe necessary for them to determine benelltanll- tlement, to process payment clallns for hea<<h Oare selVlC&s prOVided dUring thIS hospltal,zatlooltrealment eplsode, and for continUIng careltrealment A photocopy or carbon copy of thiS aulhonzallon shall be conSidered as effective and valid as the Original The underslgn~d also authonzes Med.care, when applicable, to raleasa to anoth~r Insurance carrier, upon their ".quesl, medIcal Information needed to make payment upon that claim I understand and consent that the manufacturer 01 any Implantable daYlce Inserted by my phySICIan dunng the course 01 my sU~pr;>cedure may be provided With my Identification Informal/on, ,"cludlng sOClal secunty number, as mandated by Federal Law Initials ~ " INSURANCE ASSIGNMENT OF BENEFITS I authorIZe paymenlolrectly to Holy SPirit Hospital and my treatong phYSICians 01 all benehts payable under my Insurance po~cles y.,~st~ I am responSible to the Hospital and physiCians for all charges not covered by thiS assignment IrIIl/als ~ '-- ) STATEMENTTO PERMIT PAYMENT OF MEDICARE BENEFITS TO PROVIDERS, PHYSICIANS AND PATIENT I request payment of AuthOrized MedicaTe benefits to me or 00 my behalf lor any sel1l1c&s lum.shed me by or In Holy Spin! Hospllallncludlng phYSICian services I authorize any holder 01 medical and other ,nlormatlon about me, to release to Medicare and Its agencies any Information needed to determine these benefIts lor related seNIC&S Imllals MEDICAL ASSISTANCE RECIPIENT My Signatures cerllftes that I received a selVlee or Items Irom Holy Splnt Hospital and Dr on the date ~sted below I understand that payment for thiS service or Ilem WIll be Irom Federal and State funds, snd that any talse olalms, statements, or documents, or concealment 01 matenal may be prosecuted under applicable Federal and State laws I understand that certa", lasts and procedures may not be reimbursed by Federal and State lunds and that I may be responSible for non covered charges Also, I agree that d at the lime of ""Mce, II I alll not e~glble for Medical Assistance, t Will be responSIble for balances owed to Holy Sp"'t HospItal Initials I have read and understand each 01 the eecllons contained above, I understand that by aillRlng Dlts document, I am agreeing and providing the authorlzlltlonf consentcontalnad In each of the above seetlons wh my fnlllals.al'8locate.d. I heve had the opportum- ty to ask qUllS ns I'el/ardlnll each at these s""tlons and all such questions a v been answered to my satlsfactlon. Signature Witness Date ]'/ / ( I . Time HOLY SPIRIT HOSPITAL, CAMP HILL, PA CONSENT FOR TREATMENTI RELEASE OF INFORMATION INSURANCE ASSIGNMENT -, \... M' ZO 1783 E f, ::. ~ .. \.. I E J .8' "I ,~'f.$lll\lll ~l)lO .... ."'I:\~,1<G 1'117055 " If!'1S 6q1-3133 ~~~-,~-.O.? [0 ~~O~P ~'.Cl~ . (i1 till I 0" "/O~ ,I 1 ) MEDkHC 166ED (Itm) CHART COPY .1 .- I"., ,-", '''-'-'-'''-''-:--- ".,~-~.,,,. ,,~~"' 'illkl _~~~ . ' ADM. DATE: 08/19/2000 CHIEF COMPLAINT: Motor vehicle accident wrth thoracIc back pain HISTORY OF PRESENT ILLNESS: 14-year-old who was restrained nght front seat passenger rear-ended by another vehIcle The vehicle she was dnvlng In then struck another vehicle Their air bags were not deployed The child did ambulate after this event She IS complaining of mu:lthoraclC back pain She has no other complamts CURRENT MEDICATIONS: None PAST MEDICAL HISTORY: EnVironmental allergies Allergy to Penicillin, causes anaphylaXIS VITAL SIGNS: Nurse's notes reVIewed REVIEW OF SYSTEMS: Constitutional No weight loss, weight gain, fever, or chills Eyes No VISion loss, eye pain, double VISion, glaucoma, or cataracts ENT. No VISion loss, earache, dizziness, nosebleeds, SinUS trouble, or sore throat Cardiovascular No chest pam, palprtabons, swelhng of feet, or heart murmur Respiratory No cough, sputum production, wheezing, or coughmg up blood Gastrointestinal No naUSea, vomltJng, diarrhea, constipation, abdommal pam, or rectal bleedmg Genitourinary No blood In unne, painful Urination, or frequent unnatlon Musculoskeletal Mldthoraclc back pain Skin No rashes, lumps, dryness, ItchinesS, or sores Neurological No dizziness, blackouts, seIZUres, paralysIs, numbness, or tingling CONSTITUTIONAL: In general thIS IS a very pleasant 14'year-old female who was Initially sitting In a chair when I first evaluated her EYES: ConJuncbva Without discharge or injection uds Without leSIOns. PERRL HOLY SPIRIT HOSPITAL Camp HIli, PA 17011 EMERGENCY ROOM REPORT Page 1 of 3 NAME Duncan, Halie J MR# 201783 ROOM ER1 DR NOELLE ROTONDO, 0 0 ORIGINAL "'j " -;t..i~"~~'-"':'_, .~ _,.f,t>4,-ilikL NAME: MR#: Duncan, Haire J 201783 ) ENT: Ears Tympamc membranes WIthout perforation, inJection, or bulging Mouth LIPS, teeth, and gums normal Throat Oropharynx without lesions or exudate Airway patent Nose Nasal mucosa normal Sinuses No SLnus tenderness NECK: Supple, symmetrical, non-tender, no lymphadenopathy Trachea midline Thyroid n,w palpable LUNGS: Normal respiratory effort Breath sounds equal No rales, rhonchi, or wheezes CARDIAC: Regular rate and rhythm wrthout murmurs, ed:opy. rubs, or gallops No pedal edema GlfABDOMEN: S<lft, non-tender, normal bowel sounds, no masses No hepatosplenomegal'l SKIN: Normal color and turgor No rashes or leSions EXTREMITIES: Patient With T7 and T6 midline tenderness to palpation NEUROLOGICAL: Alert and onented to person, place, and time Cramal nerves Intact Sensory and motor function normal, Reflexes symmetncal DIAGNOSTIC PLAN: My plan IS to obtain thoraCIC spine films, although climcally I believe the patient's symptoms are more likely musculoskeletal In nature She was In the emergency ) department With her mother I will be gIVIng her head Injury precautions DIAGNOSTIC RESUl T8: C-spme films are negatIVe MEDICAL DECISION MAKING AND COURSE IN THE EMERGENCY DePARTMENT discharged the patient home with head injUry precautions I believe the etiology of her symploms are most likely secondary to a thoraCIC strain as a result of the motor vehicle aCCIdent and IS most likely IS musculoskeletal In nature DIAGNOSTIC IMPRESSION: back pain 1 Status post motor vehicle accident With muscu\oskelel~1 DISCHARGE INSTRUCTIONS: 1 Head Injury precautions ) HOLY SPIRIT HOSPITAL Camp HIli, PA 17011 EMERGENCY ROOM REPORT Page 2 of 3 NAME Duncan, HailS J MR# 201783 ROOM ER1 DR NOELLE ROTONDO, D 0 ORIGINAL "] , .. ~;,. . NAME: MR#: Duncan, Halle J 201783 ) NRllb DOC # 77398 o 08/19/2000 T 0612112000 558 P 009373 ) . I . ~ ~ ". ':-- l~ ",'I."" '-, " ,- _",.w.~.'IDA'- NOELLE ROTONDO, D 0 Page 3 of 3 ) HOLY SPIRIT HOSPITAL Camp HIli, PA 17011 EMERGENCY ROOM REPORT NAME Duncan, Halie J MR# 201783 ROOM ER1 DR NOELLE ROTONDO, D 0 ORIGINAL ~~ ~ Initial Lab & X-Ray Ordars: LIIb8IUrlflfl~ I ] AcetamlnophiEln [ ] ESR ( ] Ak:ohol [ ] Glucose I ] Amylase/Lipase [ 1 HCGS [ [ 1 APTT 1 Lwef [ ( J Blood Cultures Profile l [ IBMP jLyte, I [ jCBCP IPTP I [ I CMP I Salicylate I ( I CAPl 1 Serum Acetone [ [ J Dlgoxtn ] Theaphyllne [ ] Dllantm J ThyroId ProfIle Radiology [ ] Ab~tr Sanas i lAnld1lt { 1 C1a.."c1e [ I Cerv Spine Lateral ! ] CelV Spine Aoutm& [ I yhElst Fan / Port I TPA IIEbow R L I IFBelal [ I Femur I I F'ngOf I I Foot [ I Forearm [ IHand [ IHrp [ J Humer... [ //<no. I 100he, R R R R R R R R R R ] T(lx Screen [ ] Unne Tox Screen 1 ThrOl'l'1bo1ybc labs ~ Type. &. CrQ55 _# of urnt's ] Type & Screen I UJA jUnneC&S ] Workman s Camp Drug Screen 1 Other L L I ]KU8 I 1 LIS Sp"', [ J ...nd.... { J Nasal [ IO"'~ [ ] PelVIS { I Pyelogram IVP [ IRm A L { I Should.. A L I I Skull [ ]St6l'num P{l TISpine Sh' yYlrJA I ITlbIF,b R L []T<ls_A L [IWnst A t R L L L L L L L t t '1..5] TIl'I1AJt':RTllnt SJ1flC/ll/~_. UIIr__ ] AbdDrTlen I Duplex Doppler lG",lbIa<ld<lr I ]P9IVIC Culture. ] Beta Strep N3 {Culture I CeNIC", I CIlla._ 1 GC Cuft\m~ I CT Scan of IVQScan l~er Billing CI_lflcatlon: [ J.J.-II [ I Follow up 'iAlfNel" 1 ~Carsel I I L....IIII [ IL....,IV ( ] Level V T1mRICRTllnt ] SpuwmC&S ISloolC&6 1 SIOOIO &P I 51001 C Drfflclle )WoundC&S [LA' ~C1dent I l....."'\ [ J "'_1 Non-emeruancy Holy Spirit Hospital Camp HiU, PA John R Deetz Emergency Cen1er PhYSICian Order Sheet ~ECVAEV 11199JO BR MD CHART COpy .- , . - Ii.;;" '0 " ,_-<(. - ~ -- ~ . Card/lID I I Monrtor I J EKG pago<! .. I )02 ''''''n I l 02 S1IlIlllllion Rup/ndmy [ I ABG~ paged at { ] Peak Flows 8eb'eIAfter Reap Tl( ( ] REllSPlratoryTx --,' ..c-~~_' q~~ ffl; Time Seen: Madlcatlona I lV's I Adcllllonal Ordars Time IV: NSSI OSWI LRI 0SI.45NSI DUNS Infuaa at cclhour. ] Obtain old records. ... tv-.. Initlala: Initials: Initials: Inltla.s: Signature: Signature: Signature: Signature: Signature: Oete: (20...... . I~ ., M~~ r ~ CI . 'LIE J ~., '_r$TO~N 'oar ERI :.t'I~S.'1:; PA 170$5 '."1'/11Q5 ~q7-Hn I ,', - ,. . 40 4 ~ [C G qQ U P :~ ,~I~ "AI nHI1/0Q r . OatafTlmeAnt , RN RN '4 j - If, ~"""~~', Age: 1<1 Log-In Time Tnage rime Time to ElCllm Room Tllne returned from Tna - - . ) . Command I J WhoelchBlrlCamed ~ ..., Place Injury occumKt Inlarmallon obtained from" ,"",:1 [ I Homo [ ] Industry [ ] Rec.....llon MV'" [ ] Othor lonl [ I FomllylS 0. I ] Record [] ~MTJPoromocllc Temp q'{;;. 3.pu1se, q -z. A-plraUons: 1..-0 BJP. A/lerglesIReacllolls: Late. allergy ~ [ ] y ImmunlZatlons UTD [I N [ ] Y LasITelan....: LMP WeIgh!' _ ecol"'OSU""'le III "","nont) Has pa~enl been exposed In Ihe pjlst month to measles, chickenpox orf~ [ ] Y [ JUNK Are there Advanco D"ectlve~ NIA [ ] N I ] Y Are COpies available? [ ] NJA [ ] N [ ] Y (Attached [] N [ ] Y) Extremity Evaluation: Tnoged to radiology lar Deformity Yes I No Sldn'remp Wann I Cool Distal Putull Present' Absent Edema Yes I No SldnColor Pmkl Cyatw)tK: I Mottled Pain (1-1D) Pared1.a. Present/Absent EcchymQIII. Yes/No Capillary refit Normal/ Delayed Inte~n.lon V,suel AcuIty: ObJOctlve 0.0. os o U. _Corrective Lenses kin temperature & color WNL h\; J.......- ~'-( o ~Respllatlons Symmetrical" ) , Vital signs MedicationS [ IOxygen [J NC I] Mask _UMln I J IV Soln Gaugo edlClitlonIDoselFre uen ImmobiliZAtIOn [ ] CIO [ ] Backboard I J C.CoIlar [ 1 Splint []A"way []N...I []Oral [JET. Site Las Dole u Past MedlcallSurglcal History: Holy SpirIt Hospital Camp Hill, PA John R. Dietz Emergency Center ECU Nursing Assessment CHART COpy R.N MA DestInation: I ] Urgl [1 ER I Triage assessment completed al AdmlSSton Called r ] AdmiSSIon [ J Observation Report Called Admitted 10 at DispoSitIOn r)m Hq~. ~MA [1 R 01 DISCharged "2> J , OIseha Instructions [ ] Clottllng sheet completed at by at .",..hf:S - , 1 2 J "83 [ '.$"'~ " I ( : 'I ~ 1 ,~ _ l '";.. ("o.d~ , t -:..: !,,~ . "1 j'1.. , ) J" 1 ')... 4 j 4 '1 : J I ~ '. ZOl ECU 1119971tlAiWWlMc MO cs ~ , I , .... l ~ t\ "Ole Ell ~A 17055 bQ7-J.B3 r:; :;qo'JI' ~ ~ I 1 ''''' ,', ". ". I""",,,", "",~,-.'~~ Efrt.~ 1d"'-fr'tf/ - Date: . A_ment' TIme: . ) VIIal 81gns MOnitor Physician Assessment 02 Saluratlon lung Assessment Visual Acuity DlognoollCll eKG -' labs PCXAlPort C-Splne Sent to Aachology Aeturned from Aadlology Procedutts Besplratory Treatment ' ," lea Foley Insertion NG Insertion Wound Care SpllnUOCUShnolCrulCh.s MlsceUaneous: Pam SCale (0-10) ',-, Level of ConsCiousness S.derslls Intake & Output Patient education 1010 other ) ~~~ ;rlOO ," '"','~ ';15 '- ."", .' ~ ." db L- .'""'.~ 4'. --- ~ ~~"l!.' ctllll"'~~{-lUl,;., --;. L.. LU' '('r~ ''1llr 1,""-( "'- 10.. hr- <> 1\ " IV Therapy Rale Date Time Amount Salullon Cathete. Slta Rate Control Condition AIt.......ta 10111.18 CondlUon Code. o-No lnflamatlOn 1-Edema 2A.Erylhema 2B-Ecchymosls 3.Peln 4-Ha.dness S.Warmth Aate Conl.ol 1-MI 2-8tatMaater Initial Im\la\ Initial Intt,al Signature S'llnatur. Slllnatu.a:Ftt Slgnatura CHART COPY , K~ 2:11783 E . r . \ Ll E J ... ' I ~ . l. :; , 1),.1l "0 l [) [I I "I' ; I C ~ . ~ qG P' 17055 I {~) 'II ", .17-H33 \n",'-~H:) r~ G'lOUP : 1 \ ," ~ 'I'll , ~. I';! OC ~.,,' " .. Holy Spirit Hospital Camp Hill, PA Emergency PatIent Documentallon ~ 205 ECU Rav'88d 5196 JO, BR, MO I l<I>l-"'iID',",' ) PATIENT. MR#; SOC SlOe ORD DR, PT TYPE; ADM DATE. LOCATION' Holy $plrlt f10spltal Department of Radiology and Diagnostic Imaging Camp Hili, Pennsylvania 17011 (717) 763-2600 DUNCAN, HAllE J 201783 166-68-4040 ED GROUP M D E 08/19/2000 ER1- DICTATION DATE: Aug 202000 952A TRANSCRIPTION DATE: Aug 20 2000 11 11A ARRIVAL DATE: HOSP SERVICE' ER1 "'""Final Report""" EXAMINATION: THORACIC SPINE 72012. Aug 19 2000 COMMENTS INDICATION - back pain follOWing MVA Exammabon of the thoracIc spine reveals no eVidence for fracture Alignment IS normal There IS no abnormality of the paras pinal soft tIS$UeS CONCLUSION. Normal thoracIc spine DICTATED BY; BARBARA KUNKEL M D J OLG DATE OF EXAM: Aug 192000 SIGNED BY' BARBARA KUNKEL M 0 DATEFTIME: Aug 20 2000 344P M 0 ;0 0 Imaging Servlqes Consultation Page j !i., B";""W!.l'I~ f U.N11!Il URGI CENTBK (717) 763.2316 ~ (717) 763-2424 '1lle eK.Utunatl{m lUtd ~flffCIlt you iiIlve reCCI~ 111 lli.c Emt.-gcooy Center have been ~ cmagcncy basiS only, and ue (lOt UltellOed to be II- wbaatull!: for or an effort to provnie Ollmplete medlcal CIllC If)'ou dc:vdop new problems or compllcab.ons conlact YOUI' PhyIlCr.aa.... &ner.genc)' ('-enler FoLWW 1liE .lNS1llUCTlONS CHECKEO BELOW Pa"",llnf<l_. PaIlent Inlonnetlon e_ COlnlllln I"""'rblnt I~OI\ 10 ....vI.... and keop o Abdom"ot po'" {) COIl)UIl"'''''.' {l F_/?o. Foli... () l"",,_ {l Ak:ohol ......"" {l CaPO {l Au ON""" Slto", ( ) AllergIC nilactlon ~ ) Cornel abraslon/POl'&Jgn bocty ( ) Fracture ( ) NQMbfeed o ....!hlll. 0 C"",plbronchl" () HeaOacho I ) 00lIe Me... ( ) ~ck pam ( ) Crutcn wa~ng ( ) tiead Injury ! ) PedllIltnc HElad InJu'Y ( } B1tes-Humlil'VAt'llfflaVlnsect { J Olarmell a~ YomltfngfP<<I Vol'ftltmg ( ) Hyperten!lIOll , J Pecbtrfc:: URI () Bum (}OruglAlootloJ abuseladdlGbon () Irnml.lfll.UltlorvTetanus ()PIOND I ) Chest Pom , ) !'E""'" C",""",,,,,, ( ) Kldnoy 8/00" ( } Roall ~I";-I . . -'"' l.lll !Ii~""'-l:eilF.;;,} DISCHARGE INSTRUCtlONS ) WOUND CARE { J May gently wash over wound In 24 hours. with soap and water or perCOOde 00 not soak In w-attH ( ) Chango dr.....g _11mes dolly Redf... _ Ba<:lIr8WIlNoospoon and sterJle dr6S$lrlg ( ) KllOp wOl1l1d eleen. dry. _orad ()Tetanue/Dlptft&no Boosto' given SPRAINS. STRAINS, BRUISES, FRACTURES ( I Sl&vale tlte Injurad palt for_days to reduco aW&ibng ( ) Aoply Ice pa"'" Inta!tttltt&l>Uy tor _day. to .-00 &Welling ( ) ""'" wrap lor .uppon for _d&yll ( ) Wear splmt {) At an times- unlit toI\ow-up I ) For SOlIVIty .. _ ( ) Use sling for suppolt ( ) u.. _. (I As needed. _ot bean..... \OW.~ ( ) At 011 It""", NO WEIGHT BSAAING tIECK!\lACK ( ) Woar cerw;o/ collar for .uppalt for _d.ys { ) _, evod bending. hl!Jng, strenUoUS actIVity lor _d.ys ( ) Apply mollt h&<<t for mm"'.. .""'" dolly b&gmnlng .n hoUf'S ADDITIONAL INSTRUt;;T10NS ( ) Of! _school from to ( ) l1ght Duty ull.1 RestrictIOnS ( ) No lJ)'lTlisports unlll ( ) Follow mstcucbons on Workmen's CompensatIon FORO ( lWooroyoplllchfor l\OOra ( )" """" bleed '''''''18. Pinch nOSil ~rmly for S rnIntJI.. continuously, (SlUm tf b/eedmg not oontrolled ( ) The pt6scobed anbbtotJo may redUce th" atf$cbveness of ntodlcabon you ore cu<<&nt!y laktng Check paoko1l8 InsltI..1etIons {)I' eons.uli: wrth Pham'\llC1$'l ( ) The If"Iterpretabon of your X-Rays are preliminary reading Your films Will be reviewed by a rad.Jo~lst You or your p~101M Win be oonta:cted If 1h\1re 19 e. ohange In tile dtagnoste Ad<lttlOOallnstl\lCllOt'ltl (i)+\ftJ -I ,,') V{I j~ I( ea. v~ j\\~ /'''- J.?;P'Ki - --.d- g h;;tr-, ( ?) (/I (\ ~c. I ''''-9 '\]( ~*' I \!\WCIi~ l\~ I 1.;l}f't1 f\1~ HOLY SPIRIT HOSPITAL {}:s.tzIJfO \) Sora Thro&l I ) $prwna. ana Strams i ) Threatened Mtscamage o ToOthache ( ) URI and Cor.. ( ) UTI and Pvelonephntla OOlf1or MEDICATIONS ( ) OoItbnUo pmont modt_ o><c&pt { I u.. Mvtl (lbuprof&n) or Tylonol os _ for pa"'. \&ve' eccordl"ll fo peelutge lnotructtons 10, age. weight ( I Use the follOWIng rnedlClllO' "",o<<llng 10 paoi<eg. II'l.StructlOfll!; \ 2 3 { ) The foRo'NJnllr medicines may C8US9 dtOWSlll8SS DO NOr ORIVE Of! OPERATE MIICHfNERY WHIlE. TAKlNG FOlLOW-UP This IS our l'eCOmmendailOn for fallow-up if your II1OUranoo (HMO) mqu... e p/1)I8lcIan _110, ."..,.ny consurlollon, IT 18 YOUR RESPONStBIUTY TO DeTAIN HIE NECSSSARY APPROVAL I ) Follow-up Wlltt III ( ) UI1l' Center ( ) Fenuly DO<(Or ( IWorl<Net daysfcr ( )F_-up ( ) StilU,e remov.1 ( I CoIl os soon .. poostbl<t lor &pllClI<\lmQJlt ( ) Pick up your X'~ 1""" lh& Rodlology O&p&t1m&nt pnor to your follow-up appolf1trnent call 763-289Ei to have hlms "'ed)' ( ) See \'Our p/lylllCl8t1 or "l'OCIOla' ~ oat """"vod In ...... ( ) Aelurn to 8ne!g&ncy Cont.r d you feel yoor ccnd11um IS W<lIlWIIJl9. ospec18lIy ~ ( } Your bklod pt8BSUre we fivated PlHse hall9 It ",chocked by YOU' ptl\'$J","" . ( ) Test _he.. boon 91V81l '" you T....tItom WlltIyou to Ihe ',,"ow.up oppolntm&f1l Tost _ gtVOfI DCBC DCMP lJEKG DX-FlAY COPY o IlfIlP [J ASCORDS COPY CHAFlT 0 GUJC ( I PATII!HT VERBAIJZfS UNllElUlTANllING H'"....,.,..~ I'OOOIptOfltt&.. _uoItons.end u_nd Ihom ,_ \t\oi I ""'" hod Bt1tOf\lOIlCII _ 2DIx and 1hot 1 may be _ b&for& 011 Of ITt}' meebest prat>>ems are known or trend 1 WIll ammge tor tolt(lw-up care as 1 have beep lntlructecl It IS Yl)IJr respon-- slbllrty ro notify your pnmar'c,? Ph~I?B" Qf thIS \111 f S1GNATIJIIE ,,1~~JJ..It~t:., r'.J)11 r(~ 't / I/" P. I or portStble P . D.lo I llIGNATUllE: (1- Ph.,...""" M 0 10 0 l'lulsa RN 'OLY SPIRIT HOSPITAL IlMERGENCY CENTER "'~ NORTH 21ST STREET CAMP HlLL, PA 17011.2288 (7m 763.2316 ) 'V anltha Abtaham. M D OJ884QL ( ) Robert Hynr'k. DO OS OOI4OO.L . ) _ Aldoo, M D Ol7075E , ) Ricltanl Luley, M D 029960-.5 ) S&lVal:ore Alfano, M D 025502b ( 1 PhlIhp MagUIre, M D Ol5063~E ) Ramesh Alura, M D 0l6727E ( ) Lawrence Paul. M D m9S24-L ) Gl<. Dauglnry, DO OS006776E ( ) Pca&k Prcc"fho, M D 00364J-E ) J<m. Dub.n, D 0 OS 00699lL ( ) Howard RU~n1ck.. M D ()4OS62-l..aeI -- - l ) R.anJana Sharma. M 0 031265-E ( ) David Spomer, 1>1 D OZ350Z-E l J Alan Tepbs. MD 010018.E t ) B!ame TbaUner. MD 057303~L ....... Do...d Zunmennon. M D 0056J6-E 'I, ,<,'i", _<.'?'_ '__';" ___ , ., . ., . " .,~,';' i..' .-, I!~J;';""""hib..nil-.; ( I Elevato tt\o .nJ'lred PM lor_day. to "'"""" _"'n<;! ( ) Apply "'" packs mtemllltently'lor _day. to """'''''_g ( ) Aoe wrap tor support for _doyo ( ) Woor sp/Int I) At oIlfm1e$lJIllIllol/ow-up ( ) For actIVity a. noa<lod ( ) U.. oIong for ouppofl ( ) U.. CIU1chos () As needed, ""!gin beal!ng as tel........ I ) lit llII limo. NO WEIGHT IlEl\AING 2 3 ( ) The tolkJWlng medlcmM may cause d1'oW8l1'\El$S DO I'IDT DRIVE OA OPERATE MACHINERY WHILE TAKINCl NEeKI8ACK I )Wesr_OOllsrtorsuppo<ffar_<Ioys ( I Aoot, avoid bondlng, IIftmg, .....nuo"" actIVity for _days I ) Apply IlIOIst heal tor mlllUl6s _. dO'Y beginning In hours IIDDI11DNAL INSTIlUeT10NS ( ) Off worklschoollrom 10 ( ) l<!/1' Duly <mill fteMn.d:lOn6 ( ) No gymIopo.... u",1I ( ) Follow m81rucoons on Workmen's C~on Form ( l W.... aye patoh 10t .ou.. ( ) It nose blood rewtO, pinch rrOso ftrmJy tor 5 mmutes oontlnuoualy, ...wm d IlI8adIng not contI'OlIe<I ( ) Thf!!; p~bed &nt1Dlotic may reduce the efleclNeneae. of medical10n you .... currenuy lakin.9 Chock packogs _o""",_W1IIlPhaIlllllClSl ( ) Th6 mlarpretallOn of Y"l<< X-Rays "'" prollmmary ...a<ling YO\lr fUme win be f9VleW8d by a radlOlogtst Voo or your ptI~l8.n WIll bQ c::onta(:ted "'there IS a change U1 th$ dl8gn08l! FOLLOW.oVP Thts IS our T9CQmml!lndatlOn for fQUow-up If yOur .",....""" (HMQ) roqIlI..... ph_ Alfarralf<>r_tty COM_Oil, IT 15 YOUA RESPONSIBILITY TC) OBTAIN TtlE NECESSARY APPROVAL ( ) Fo""",.up '""" III ( JUrgl Con'''' ( )F.tIlIly Dooror I lWor1cN01 day.sfar I )_'''\1 ( I Suturo romoval ( } Cat! as $OCIn as poSSftiJe for appamtment ( ) I'lcIc up your X-Rays lrom the I'!adIoIogy Dopartmont pnor 10 your follow-up _ 0111 763-261161o.1Ml hlrm mody ( ) See your phySIOWl 01 $pect911St If not Impmved in days ( ) Return to Em&tgency Center If ytJU faai' your condrtwn 18 WOfsenmg, oopoClolJylf ( ~ Your ~ood presslQ W8e elevated ~ 'hl;lVft It reehOcked by yo., phys1ClS/\ { ) Test resutls have been QJv&n to yoo Ta)(e them WIth you 10 the foI/oW'''\1 Oppolntmenl Teat_gwen C1CBC C1CMP DEKG DX,RI\YCOPY OBMP ORECORDS COI'YCHART OClLllC ( l PAl1ENT \IElIIIALIUS UNllEllSTAllP\NG I heJllllV .cknQwlodgoa ""'""" 0/ _ ,n_oM IlI1d Ullde""'"<llhom I ._nd 1ha11 have hod emergen<Y troalmenllllllx IlI1d lI1all may be roleased bolo... all ot my _I probloms Olll _ '" _ I Wlfl.......ge tor foilow-up care as I ha~~ IMtnJcted it IS vour I'IHPOfl" Slbllfly(OnotJfy~r P~7Ca Ph~anofttlla\l', SIGNATURE, ' f' ant Of Adct1\lolTllllnsfructJons cI'>+\ful '(I)')\Jltlj v((-n:^.;\I\\~ (j) \~ I f\ \~ lx<<1C1l\--;.., t:R ~'/ ~ ' ) 'VU,'N\J \$tNroI \j~~'aJ _AtuIlE PhY$lcloll MO 10C) Nu"",RN HOLY SPIlUT HOSPITAL EMl!IitGENCY CENTER 503 NORTH 21ST STREET CAMP HILL, PA 17011-2288 {717) 763-2316 ( ) Van,thi>Abra11am. M 0 038840L ( ) Robert Hymek. 0 0 OS 004400-L l ) Tho.... AIdo,,", M D 011015E ( ) IUehan\ Luley, M n 029%O-E I 'Solv'- ...lfOllo, M D OZS502E( 1 PIu1l1p MogUl"', MD 01506J-E ( ) Ramesh. Arora.. M D 0l6127E ( ) Lawrence"Paul, MD 009524-L ( ) Glen Dougbtry, 00 0SlJ06116E ( ) Frank Pro<op.o, M 0 OD:l64J-G I I Jon Dub," DO OS 00699tL ( ) How.ro Rudmok, MD 040862- DATE ~ , ) Ran)"". Sharma, MD O~126S.E ( HlllV,d Spurner, M n 023502.E l ) Alan 1'epllll. M. D 030018~E ( ) Elame Thallner. M D 057~L , nOwd Zannierman, M D OOS636-E SIGNATURE DEA# REFILL TIMES Il"l ()ROM FOR A BRAND NAME PRoor..cr TO BE DlSPENS8D. TfJB PltESCRfBBSl MUST HMID Wllrm 'BllAND ~ESSARY" OR "BRAND MEOICAU. Y NBCBSSAaY" IN 'tHE SPAt"R B'eLOW ~ OSUBSTIIUTION Pl!IOOSS1BLB t ,.. " 14 1, - - 1 I 1 : ') h ~ 2 () I 783 E . ',' , "Cl'.'HIEJ ?l vO~ES10WK ~(HO ui"'j ~";"" lC~'J~G PA 11055 ZIJ~/I~~~ 4q7-ll11 ~~1 ,~-~q-~J~O EO cnoup ~.., " C \', . K I ~ " 8 1 q/l'l/OO , ' l19 15m) - , ,"'..>I ) ) ~". ,"." ,I",,,,,,, ""<"",',;:, -co ,~~,., '."~"L"'. "'<'~lf"'l" , . MECHANIC8BURG FAMILY PRACTICE CENTER DUNCAN, HAllE DOB: 12/09/1985 88#: 166-68-4040 00210054851 08/24/2000 8: Patient was the passenger in the front seat of a motor vehicle and underwent an accident on 8119100 when car was hit from the rear by a drunk driver and pushed in the car in front of them. Their car was stopped at the time. Patient did not have any head injury and does not recall any loss of consciousness. Patient's primary concern is stiffness in her neck and her back. 0: Musculoskeletal: Tender to palpation over the right side of her neck and cervical area and also tenderness along the thoracic spine. Full range of motion of the neck, although she complains of discomfort when turning to the right side. Neuro: Cranial nerves II through XII grossly intact. Grip strength is weak on both sides. A: Cervical and thoracic strain secondary to motor vehicle accident. P: Patient advised to use ibuprofen, 3 tablets 3 x a day consistently for 1-2 weeks or Aleve, 2 b.Ld. 2. Given an Rx for Flexeril. 3. Follow up p.r,n. DO: 08/24/2000 DT: 08/25/2000 10:06 A/rrh 0#: 703956 KARE~' M.D ) 1? Jtt I. ,'I ,;~" ,Ii ~.;..,' ~ ~, , ~'""~, ~~ '~~; NEALO~{6! . GOVER, PL. i ATTORNEYS AT LAW i ___------J . NO\! 1 ~ 2002 2411 NORTH FRONT STREET HARRISBURG, PA 17110 TELEPHONE (717) 232-9900 FACSIMILE (717) 236-9119 ANDREW C. LEHMAN alehman@nealon-gover.com November 7,2002 Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Re: Halie Duncan, a minor, by Kimberly Duncan, her mother and natural guardian, and Kimberly Duncan, in her own right v. Joel Cummings Docket No.: 2001-2398 Dear Clark: Regarding the above matter, where do we stand regarding discovery, trial and/or settlement? I note Progressive previously reached an agreement with you to settle this law suit against Joel Cummings for $14,000.00 on behalf of Kimberly Duncan and $2,500.00 on behalf of Halie. I recognize the dram shop issue has complicated this matter, however I was wondering since the Court has consolidated the two cases if there has been any movement on the dram shop side of this action. Please advise at your earliest convenience. I look forward to hearing from you. Until then, I remain Very truly yours, NEALON & GOVER, P.C. .---- Andrew C. Lehman ACL/lbs cc: Tyeddie L. Desmarais, Progressive (Claim No.: 005212090) ., " -","'''' '._~L_"", ~ ._ ~ ~. 'r-I!ii:.:~;iJ~:" CONTINGENT FEE AGREEMENT 1,_1< 1~r/1 D Xlt'aJ'! individually and as parent and natural guardian of 4alll ~ ^"CP1 ' retain and authorize the law firm of Metzger, Wickersham, Knauss & Erb, P.C" to do whatever they deem necessary or desirable in order to . represent my daughter in all claims for compensation and reimbursement for personal injuries, wage loss, and economic and other damages resulting from an accident that occurred on A'{Soh~l- IGl . Z(J()O I 1. Attornev'sFees: The fee of the attorneys shall be contingent as follows: (a) Thirty-three and one-third percent (33 1/3%) of gross recovery; (b) SHOULD THERE BE NO RECOVERY BY SUIT OR SETTLEMENT, SAID ATTORNEYS DO NOT HAVE ANY CLAIM AGAINST ME OF ANY KIND FOR LEGAL SERVICES RENDERED. 2. Expenses of Litigation: Actual expenses incurred on the business of the client shall be borne by the client and my attorney shall be reimbursed out of the balance, after deduction of attorneys fees, of any recovery for all legal expenses incurred in the prosecution of this claim which have not already been paid by me. I do hereby agree to pay all expenses incurred by my attorney in the preparation and presentation of this case and do understand that these expenses include, but may not be limited to, costs of medical reports and records, stenographic expenses connected with depositions, expert witness fees, photocopying charges, and mileage charges connected with the rendering of legal services. I understand that I am responsible for payment of these expenses regardless of the eventual outcome ofthe case and further understand that if my attorney deems it necessary, I may be asked to advance these costs prior to the incurring of any such expenses or the scheduling of any deposition. Document #: 182430.1 , . .-.'~ ~, J '~; .'".;'1,,;;.,; , "-.-:J'-', -~~,~"~,,--~ '\ ~,,-, ~AA',*,.!C' 3. I hereby further agree that my attorney may charge me reasonable additional compensation if it is necessary to try the case more than once, if the case is appealed, or if proceedings in other courts are necessary because of the change of circumstance of a party or for other reasons. 4. I hereby further agree that my attorney is hereby authorized to bring suit or to settle and compromise the claim, to execute aU documents pertaining thereto, and to do all lawful acts requisite for effecting the claim on my behalf. 5. I further authorize my attorney to payout of any proceeds of settlement or trial any unpaid medical bills for treatments or services made necessary by the injuries sustained in this accident and any workers' compensation liens, 6, I agree that my attorney accepts this employment on the' condition that he will investigate this claim, and if it appears to be a recoverable claim, he will proceed to handle the claim; but if, after investigation, the claim does not appear to be recoverable, said attorney shall then have the right to rescind this Agreement. 7. I hereby further agree that if I decide to terminate this authority before any settlement is offered or any award is obtained the firm shall be entitled to reasonable compensation for all work done on the case up to that point. I agree that reasonable compensation for Clark De Vere, Esquire, or any other attorney involved in the handling of this case, shall be One Hundred and Thirty-Five Dollars ($135.00) per hour, or such higher rate as shall constitute his standard billing rate at the time that the work is performed. 8, I agree that my attorney may withdraw from this case at any time after reasonable notice to me, and I agree to keep him advised of my whereabouts at aU times and to cooperate at all times in the preparation and trial of this case, to appear upon reasonable notice for depositions and Court appearances, and to comply with aU reasonable requests made of me in connection with the preparation and presentation of this case. Document #: 182430.1 - 2- ~, , .~.:..: ',_,d__'.' '-'.' -',jC';;i '-~,,,;;', ',--; ,",,-, '; ;." '",. ;{,,, -nt']~,~,: , , IN WI1NESS WHEREOF, I have signed below on this t5'ray of August, 2000. . ~t 0), ~~ /<' C IENT: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. -c;-- ~ ATTORNEY: Clark De Vere, Esquire Document #: 182430.1 - 3 - :; T " ' ... , , RELEASE OF ALL CLAIMS AND SETTLEMENT AGREEMENT Adult and Minor For the consideration as outlined below which is hereby acknowledged and also for future acknowledgment, I!we release and discharge, and for myself/ourselves my/our heirs, representatives, executors, administrators, successors and assigns, do hereby remise, release and forever discharge Joel Cummings, Johnny K's, Inc., John Kritikos, individually and tJd/b/a Johnny K's hereinafter referred to as the releasee(s), hislher/their/its heirs, executors, administrators, liability insurers, successors and assigns, of and from any and all causes of action, suits, judgments, claims and demands of whatsoever kind, in law or in equity, known or unknown, which IIwe now have or may hereafter have, and/or which a minor Halie Duncan, now has or may hereafter have arising from the claimed legal liability of releasee(s), which liability releasee(s) expressly deny(ies), arising from or by reason of any and all bodily or personal injury and/or property damage known and unknown, foreseen and unforeseen which heretofore haslhave been or which hereafter may be sustained by me/us or the minor aforementioned arising out of the accident on or about August 19, 2000, at or near the Carlisle Pike (US 11 North), in Hampden Township, Cumberland County, Pennsylvania, I/We agree that the consideration set forth below is specifically applicable to and paid to me/us with respect to any and all damage to any property, either real or personal, of mine/ours or the minor aforementioned, and with respect to any and all personal or bodily injury of mine/ours or the minor aforementioned, whether presently known or unknown, foreseen or unforeseen or which may subsequently develop and the consequences thereof, all as arising from the aforementioned accident, I/We further agree that the consideration set forth below is specifically applicable to and paid to me/us with respect to any right of contribution the I/we or the minor aforementioned may have against the releasee(s), hislher/their/its heirs, executors, administrators, insurers, successors and assigns relative to claims of others that may be brought against me/us or the minor aforementioned by reason of said accident. I!We further agree that the consideration set forth below is specifically applicable to my/our agreement that I/we or the-minor aforementioned will not join nor attempt to join the releasee(s), hislherltheir/its executors, administrators, insurers, successors and assigns in any capacity, in any action that may be brought against me/us or the minor aforementioned arising out of said accident. Should it appear that two or more persons or entities are jointly and severally liable for the said injuries to person or damage to property arising out of said accident, the consideration for this release shall be received in complete satisfaction to the full extent of the fault of releasee(s), whether proportionally allocated or total, as ultimately determined under the law and for which releasee(s) are found liable. In consideration of the below payment, I/we for myself/ourselves and my/our heirs, representatives, executors, administrators, successors, and assigns do hereby: Pagel 013 Document #: 262188.1 ~ ..;.l.~' "~ .~ 1 l' -,/,.,, '.,;--,'1-""., h"'l<_,""'.o,,'J', ciS",,,,,-,,-:,:;,,, ^,~','~' '~-""'=!iil'~t, . c, ) (1) agree to indemnify and hold forever harmless the releasee(s) and his/her/its/their representatives, administrators, or assigns, against loss from any and all further claims, demands or actions that may hereafter be made at any time or brought against the releasee(s) by me/us or the minor aforementioned, or by anyone in our behalf for the purpose of enforcing a further claim, for which this release is given; Upon execution and delivery of this Release and Settlement Agreement to releasee(s) representatives, Progressive will deliver on behalf of Joel Cummings the sum of $14,000.00 for Kimberly Duncan and the sum of $2,500.00 for Halie Duncan. In addition, Johnny K's, Inc. and John Kritikos, individually and t/dIb/a Johnny K's will deliver the sum of $10,000.00, said sums to be delivered to counsel for the Duncans, at his Harrisburg office address, within 10 days of the delivery of the signed Settlement Agreement and Release. Within 10 days of delivery of the settlement amounts, the Duncans' counsel will discontinue the civil actions fIled against releasee(s) as a result of this accident. I1We specifically preserve and do not remise, release or discharge any claim and/or action I, he, she or they may have against any medical provider for any treatment or lack of treatment, including malpractice, and any claims, actions and/or right I, he, she or they may have for medical payments coverage, first party benefits, income benefits, health insurance, disability benefits or other similar benefits from any entity, but specifically excluding the releasee(s) and their liability insurers. The parties acknowledge that Kimberly Duncan has received the sum of $25,000.00 from her underinsured motorist carrier Erie Insurance ExchangelErie Insurance Company. In addition, Progressive has paid a prorated portion of the Duncans' property damage. The monies received from Erie and Progressive are in addition to the sums set forth herein and there will be no offset, deduction or reduction from the amounts due herein for the amounts paid by Erie and Progressive, The payments totalling $26,500,00 constitutes damages on account of personal injury or sickness in a case involving physical injury or sickness within the meaning ofIRC ~104(a)(2). This Release is executed in accordance with the Court Order dated _, 2003, in the Court of Common Pleas of Cumberland County at Docket No. and will be interpreted consistent with that Order, A copy of the Order is attached hereto as Exhibit "A" and incorporated herein by reference. This Release shall be interpreted in accordance with Pennsylvania law, Page 2 of3 Document #: 262188.1 - -' <iil,'~", ,;, : ",;~"" .~~": . (" , . Intending to be legally bound thereby, WI1NESS my/our hand(s) and seales) this _ day of ,2003. WI1NESS Kimberly Duncan, individually and as parent and natural guardian of Halie Duncan (Seal) Page 3 of3 Document #: 262188.1 ",,',1--., ~' .,,0';- '<.i.,,--h'i ,"'~;' ,_ ,.__,. -~..;'" , """ , ~'r,\;" , " '. J VERIFICATION I, Kimberly Duncan, individually and as parent and natural guardian of Halie Duncan, have read the foregoing Petition for Approval of Minor Plaintiff's Compromise Settlement and do swear or affirm that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Dated: 1/ Jt-/ I ()~ I , as parent and natural e Duncan Document #263049 >"i _,_nc._ ~ . ","--[,-,-"- ".l~i,~"'""-~;''- '-".t "--"'0-:"'''' """"~~-li:- ( I" ,.. } VERIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, Halie Duncan, by Kimberly Duncan, parent and natural guardian, and that the facts in the foregoing Petition for Approval of Minor Plaintiff's Compromise Settlement are true and correct to the best of his knowledge, information and belief, and that said matters relating to the Petition for Approval of Minor Plaintiff's Compromise Settlement are as known to the undersigned as to the clients, Plaintiff, Halie Duncan, by Kimberly Duncan, her parent and natural guardian, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa, C.S.A. 94904 relating to unsworn falsification to authorities. <.:.-" "..-)~ ~'7::> Clark D€vere, Esquire Dated:...) ~ ~<O -03 Document #263049 1 ,~"- .' "~ I., , -' " ", ~- i-JI ~ .- .- ~~~~;~; . " .. "'., . CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P,C., hereby certifY that I served a true and correct copy of the forgoing document with reference to the foregoing action by first class mail, prepaid postage, this 26th day of March, 2003, on the following: Joel Cummings c/o Andrew Lehman, Esquire Nealon & Gover, P,C. 2411 North Front Street Harrisburg, P A 1711 0 Johnny K's, Inc., and John Kritikos, individually and tld/b/a Johnny K's c/o William P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street P,O. Box 261 Carlisle, PA 17013-0261 ~--:Z~----=:> ~ ~ Clark De V ere, EsqUIre -----...... Document #263049 ---"--~~'''''''-'''''''-'''--U,flliil&l1i!ljii'aTh\!ijr1ll4~,iit:ro'i?.t;1o-t''K;~i'L'~le;l''<U;;Jjl@L";"~:"'-'l'..<(~~;.,j., ,~..'B._ '-,;....~iliiit ','~~~'~' IIiIR'ict?' ~ .., ~ ~~""", '''<;''''''']'i>S_;."~,,",,. 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