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HomeMy WebLinkAbout99-05562J,9 ?T . =a , a 21 Hoffer ANGELA J. KEFFER, : IN THE COURT OF COMMON PLEAS Individually, SAMANTHA : CUMBERLAND COUNTY, PENNSYLVANIA KEFFER, by and through Her mother and natural Guardian, Angela J. Keffer, and KYLE KEFFER, by and through his mother: and natural guardian, 99-5562 CIVIL TERM Angela J. Keffer, Plaintiffs V GREG M. RIOLO, IN TRESPASS (M.V.) Defendant IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Hoffer, President Judge, on Wednesday, June 21, 2000. In this auto accident case, Richard A. Sadlock, Esquire, represents the plaintiff; and George H. Eager, Esquire, will be appearing for trial on behalf of the defendant; Dennis Reinaker, Esquire, appears for Mr. Eager at the pretrial conference. Mr. Reinaker represents that the defendant will be admitting liability since he ran through a stop sign and flashing red sign and struck plaintiffs, vehicle, who had the right-of-way. Mr. Sadlock indicates that all the claims of the children in the vehicle have been settled and resolved; only the claim of Angela J. Keffer remains. Angela suffered scarring on her right knee, and a fracture 99-5562 Civil Term Page 2 of the right patella, among other lacerations and contusions. This trial is estimated to take a day to a day and a half to try. Doctor Lynch, plaintiff's treating physician, is scheduled for deposition on June 30, 2000, and he will be presented at trial by videotape. Mr. Reinaker represents that defendant will be offering no medical testimony and, in fact, will not have any witness whatsoever at the trial of the case. Plaintiff's last demand in this case was $26,500.00, which has come down considerably from prior requests; while defense counsel only has authority for $20,000.00 at this point, the court requests defense counsel to review the situation in light of the nearness of resolution of this case. By the Court, Richard A. Sadlock, Esquire For the Plaintiff .Mtf r: or of er, J. George H. Eager;•'EscG Dennis Reinaker, Esq. For the Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA J. KEFFER, Individually; SAMANTHA KEFFER,: By and Through Her Mother and : NO. 99-5562 Natural Guardian, ANGELA J. KEFFER; and KYLE KEFFER, By and Through His Mother and Natural Guardian, ANGELA J. KEFFER, Plaintiffs V. JURY TRIAL DEMANDED GREG M. RIOLO, De f endant DEFENDANT'S PRE-TRIAL MEMORANDUM I. BASIC FACTS AS TO LIABILITY: On February 11, 1999, Defendant Greg Riolo was travelling westbound on West Lisburn Road. Plaintiff Angela Keffer was travelling southbound on William's Grove Road. Defendant Greg Riolo approached the intersection of the two roads and failed to stop at a posted stop sign, causing a collision with Plaintiff Angela Keffer. The cases of Samantha Keffer and Kyle Keffer have been settled. II. BASIC FACTS AS TO DAMAGES: Angela Keffer has cited severe back pain, neck pain, left arm pain, right wrist pain, fractured right knee, 3-4 inch laceration of the right knee and abrasions. Other than the ongoing pain and suffering as listed above, Angela Keffer has stated that she has missed six III weeks from work, but her records only show that she missed two to three weeks. In her deposition, she indicated that she is not making a claim for lost time from work. PRINCIPAL ISSUES OF LIABILITY AND DAMAGES: Causation and severity of injuries sustained by the Plaintiff. IV. VEN OF W ESSES: f da Gr R' to to VEXHIBITS: A B C D E The medical records of Angela Keffe ; The employment records of Angela Kef er; Deposition transcript of Angela Keffe Defendant reserves the right to identi 1 A • as in this matter any document or tangible item properly identified by any other party to this action as a potential exhibit. Additionally, Defendant reserves the right to identify as an exhibit on damages any medical records, treatment records or consultation reports relating to the care or treatment provided to Plaintiff prior to the accident, subsequent to the accident and currently. F. Plaintiff has no admissible medical expenses or wage loss. G. Plaintiff makes no lost earning capacity claim. In this regard, it is noted that no vocational expert has been identified for Plaintiff to date and no statement or calculation of any porported lost earning capacity claim has been provided. VI. COPIES OF WRITTEN REPORTS OF EXPERT WITNESSES: None. VII. STIPULATIONS OF THE PARTIES REQUESTED: None. VIII. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS: The Plaintiff has demanded the sum of $32,500.00 to settle her case. The last offer made by Defendant to settle this matter was $15,000.00. IX. OUTSTANDING LEGAL ISSUES: None. EAGER, REINAKER & SPINELLO Y: or H. Eag Esquire A orney for efendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF RVICF I HEREBY CERTIFY that I am this day serving a copy of the foregoing Defendant's Pre-Trial Memorandum to the person and in the manner indicated below. Service by Federal Express: Richard Sadlock, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 EAGER, REINAKER & SPINELLO DATE : 9 0?OOO y ; ?:G 2 ge H. Ea er, Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELA J. KEFFER, Individually, SAMANTHA KEFFER, by and through her mother and natural guardian, ANGELA J. KEFFER, and KYLE KEFFER, by and through his mother and natural guardian, ANGELA J. KEFFER, Plaintiffs V. GREG M. RIOLO, Defendant CIVIL ACTION - LAW NO. 99-5562 Civil JURY TRIAL DEMANDED PLAINTIFF'S PRE-TRIAL MEMORANDUM 1. STATEMENT OF CASE The instant action arises out of a February 11, 1999 motor vehicle accident. The accident occurred at the intersection of West Lisburn Road and Williams Grove Road, Monroe Township. While operating a 1992 Ford Explorer, Defendant Greg Riolo ignored a stop sign and a flashing red traffic signal and pulled directly into the path of Plaintiff's vehicle. II. DAMAGES As a result of the accident, Plaintiff sustained multiple bruises, contusions, and scrapes. Plaintiffs most significant injuries included a fractured right patella and large laceration on her right knee. Plaintiffs right knee is permanently scarred. ,a3 214913.1\RAS1MLB Ill. MINUSES 1. Plaintiff, Angela J. Keffer; 146 South Second Street, Dillsburg, Pennsylvania; 2. Defendant, Greg Riolo, as on cross-examination; Todd Fields, 146 South Second Street, Dillsburg, Pennsylvania; 4. Plaintiff's children, Caitlyn, Samantha and Kyle Keffer; and 5. Scott A. Lynch, M.D., Hershey Medical Center, Hershey, Pennsylvania, via videotape deposition. Plaintiff will supplement this list, if necessary, in a reasonable time prior to trial. IV. B? V VII. 1. Police Accident Report; 2. Photographs of Plaintiffs and Defendant's vehicle; and 3. Photographs of Plaintiffs scar. Plaintiff will supplement this list, if necessary, in a reasonable time prior to trial. Dr. Lynch's July 22, 1999 report is attached as Exhibit A. Defendant has admitted liability. LENGTH OF TRIAL 1 % days. S.A4 N 300 jlw%? % 4W 314915.11RASIMLB VIII. SCHEDULING PROBLEM Plaintiff's counsel is currently scheduled for a discovery conference before The Honorable Judge Clark in Dauphin County on July 10, 2000 at 1:30 p.m. IX. EMENTIARY ISSUES None anticipated. X. SETTLEMENT Plaintiffs current demand is $40,000, Defendant's last offer is $15,000. ANGINO & ROYNEiICp.C. / I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: June 12, 2000 214913.1%AS1MLB V ¦ ¦ PennState Geisinger Health System July 22,1999 Mr. Richard Sadlock Angino and Rovner 4503 North Front Street Harrisburg, PA 17110-1708 RE: Angela Ke.ffer MSHMC: 0973373 Dear Mr. Sadlock: Orthopaedics and Rehabilitation M.S. Hershey Medical Center P.O. Box 850, MC H089 Hershey, PA 17033 Phone: (717) 531-4806 Fax: (717) 531-7583 This letter is m- response to your request for information on Angela Keifer. Angela was involved in a motor vehicle accident on February 11, 1999. She was life-flighted to Hershey Medical Center, where she was evaluated in the Emergency Room. Her initial orthopaedic complaints were of right knee pain and left forearm pain and neck pain. X-rays of her spine were normal as were X-rays of her left elbow, wrist and forearm, except for some mild soft tissue swelling. She was noted to have a small fracture of her patella on the right. There was a very small laceration over the anterior aspect of her knee. She had an irrigation and debridement of this and she was placed in a knee immobilizer for the patella fracture. The following day, she also complained of some right wrist pain with some mild swelling and tenderness. X- rays of the right wrist were normal. She was placed in a splint for the wrist. She was allowed to weight bear as long as her knee was in full extension in the immobilizer. I saw her again on February 22,1999 following discharge from the hospital, which occurred on February 12,1999. At that time, it was noted that her laceration on the knee had healed. Her left arm pain was no longer an issue. Repeat right wrist films were normal. She was to continue with the knee immobilizer and only remove it a few times during the day to perform range of motion exercises of her knee. She also continued to wear her wrist splint at night to help treat some carpal tunnel-like symptoms. At her next follow-up visit on March 8,1999, her knee pain was improved and her right wrist pain had also improved significant. Right wrist films were normal. X-rays of the knee showed healing of the patella fracture. At that point, I allowed her to discontinue the knee immobilizer and begin to resume activities as tolerated for the both the knee and the wrist. I last saw the patient on June 7,1999. At that visit, she was doing very well. Her right wrist pain had completely resolved and she was having no further difficulties. The only problem she reported was some mild weakness in the knee with deep squatting. At that time, I allowed her to return to her normal activities and advised her that she should continue on a home exercise program to regain her strength. Her prognosis is excellent and I do not believe any further treatment will be required. She is scheduled to follow-up with me one more time. RE: Angela Keffer MSHMQ 0973373 July 22, 1999 Page 2 I do believe that all of the above noted injuries were related to her automobile accident. If I can be of further assistance, please feel free to contact me. Sincerelyf ScOttA. Lynch, M.D. Assistant Professor Department of Orthopaedics and Rehabilitation/Sports Medicine SAL:sas CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S PRE-TRIAL MEMORANDUM on the following via postage prepaid, first class United States mail, requested addressed as follows: George H. Eager, Esquire Eager, Reinaker& Spinello 1347 Fruitville Pike Lancaster, PA 17601 I % Marcy L. B mes!(?r Date: June 12, 2000 214915.PRAMM1,8 ANGELA J. KEFFER, Individually; SAMANTHA KEFFER, By and Through Her Mother and Natural Guardian, ANGELA J. KEFFER; and KYLE KEFFER, By and Through His Mother and Natural Guardian, ANGELA J. KEFFER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. qJ - 65(pa Uqt?z- v. GREG M. RIOLO, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 t v.... .. ..:yr .. ..... ". ANGELA J. KEFFER, Individually; SAMANTHA KEFFER, By and Through Her Mother and Natural Guardian, ANGELA J. KEFFER; and KYLE KEFFER, By and Through His Mother and Natural Guardian, ANGELA J. KEFFER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. V. GREG M. RIOLO, Defendant JURY TRIAL DEMANDED NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ANGELA J. KEFFER, Individually; SAMANTHA KEFFER, By and Through Her Mother and Natural Guardian, ANGELA J. KEFFER; and KYLE KEFFER, By and Through His Mother and Natural Guardian, ANGELA J. KEFFER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW NO. CH - S 5i? a (? 9TerrY1 V. GREG M. RIOLO, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Angela J. Keffer is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 26 West Factory Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff Samantha Keffer is a minor Plaintiff, who was born on August 21, 1991. 3. Plaintiff Kyle Keffer is a minor Plaintiff, who was born on December 7, 1992. 4. Minor Plaintiffs Samantha and Kyle Keffer have selected their mother and natural guardian, to represent their interests in this matter. 5. Minor Plaintiffs Samantha Keffer and Kyle Keffer reside at 26 West Factory Street, Mechanicsburg, Cumberland County, Pennsylvania, with their mother, Plaintiff Angela J. Keffer. 6. Defendant Greg M. Riolo is an adult individual, citizen of the Commonwealth of Pennsylvania and resides at 18 Charisma Drive, Camp Hill, Cumberland County, Pennsylvania. 154577/LAM 7. The facts and occurrences hereinafter related took place on or about February 11, 1999 at approximately 7:23 a.m., on West Lisburn Road near its intersection with Williams Grove Road, Monroe Township, Cumberland County, Pennsylvania. 8. At that time and place, Plaintiff Angela J. Keffer was operating a 1990 Volkswagen Passat GL and was travelling south on Williams Grove Road at its intersection with Lisburn Road, Monroe Township, Cumberland County, Pennsylvania. 9. At that time and place, minor Plaintiffs were back seat passengers in the vehicle being driven by Plaintiff Angela J. Keffer. 10. At that time and place, Defendant Greg M. Riolo was operating a Ford Explorer and was travelling west on Lisburn Road at its intersection with Williams Grove Road, Monroe Township, Cumberland County, Pennsylvania. 11. At that time and place, traffic travelling west on Lisburn Road is controlled by a stop sign and a red flashing light. 12. At that time and place, Defendant Greg M. Riolo's vehicle failed to stop at the posted stop sign on Lisburn Road, and suddenly without warning, slammed into the left front portion of Plaintiff Angela J. Keffer's vehicle forcing it approximately 66 feet across the roadway, through an electric fence into a field before coming to rest. 13. Upon impact, Plaintiff Angela J. Keffer and minor Plaintiffs Samantha Keffer and Kyle Keffer were violently thrown about in the vehicle. 2 14. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Angela J. Keffer, and minor Plaintiffs Samantha Keffer and Kyle Keffer, by and through their mother and natural guardian Angela J. Keffer, are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Greg M. kiolo operated the Ford Explorer as follows: (a) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) failure to stay within his lane of travel; (d) failure to apply his brakes in sufficient time to avoid striking Plaintiffs' vehicle; (e) failure to travel at a safe speed; (f) failure to yield the right-of-way to Plaintiff's vehicle; (g) failure to keep a proper watch for traffic on the highway; (h) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (i) failure to keep proper and adequate control over his vehicle; (j) failure to stop at a posted stop sign and red flashing light; and (j) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 3 CLAIM I ANGELA J. KEFFER v. GREG M RICLO I5. Paragraphs I through 14 of Plaintiffs' Complaint are incorporated herein by reference. 16. As a result of the aforementioned accident, Plaintiff Angela J. Keffer sustained painful and serious injuries which include, but are not limited to a laceration to her right knee, right patellar fracture, and multiple contusions and abrasions. 17. By reason of the aforesaid injuries sustained by Plaintiff Angela J. Keffer, she was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 18. Because of the nature of her injuries, Plaintiff Angela J. Keffer has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 19. As a result of the aforementioned injuries, Plaintiff Angela J. Keffer has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 20. As a result of the aforesaid injuries, Plaintiff Angela J. Keffer has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 4 21. As a result of the aforementioned injuries, Plaintiff Angela J. Keffer has sustained uncompensated work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 22. Plaintiff Angela J. Keffer continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 23. As a result of the aforesaid accident, Plaintiff Angela J. Keffer has sustained scars which will result in a permanent disfigurement, and claim is made therefor. CLAIM 11 SAMANTHA KEFFER, BY AND THROUGH HER MOTHER AND NATURAL GUARDIAN. ANGELA J. KEFFER v GREG M RIOLO 24. Paragraphs I through 23 of Plaintiffs' Complaint are incorporated herein by reference. 25. Minor Plaintiff Samantha Keffer sustained painful and severe injuries, which include, but are not limited to, an abrasion to her right cheek and nightmares about dying in a car crash. 26. As a result of the aforementioned injuries, minor Plaintiff Samantha Keffer has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 27. Minor Plaintiff Samantha Keffer continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. CLAIM III KYLE KEFFER, BY AND THROUGH HIS MOTHER AND NATURAL GUARDIAN. ANGELA J. KEFFER v GREG M RIOLO 28. Paragraphs I through 27 of Plaintiffs' Complaint are incorporated herein by reference. 29. Minor Plaintiff Kyle Keffer sustained painful and severe injuries, which include, but are not limited to, a frontal contusion, contusions and abrasions to the right and left hips and nightmares. about dying in a car crash. 30. As a result of the aforementioned injuries, minor Plaintiff Kyle Keffer has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 6 31. Minor Plaintiff Kyle Keffer continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. WHEREFORE, Plaintiff Angela I Keffer and minor Plaintiffs Samantha Keffer and Kyle Keffer, by and through their mother and natural guardian, Angela J. Keffer, demand judgment against Defendant Greg M. Riolo in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of jurisdictional amount requiring compulsory arbitration. Date: September 9, 1999 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs VERIFICATION I, ANGELA J. KEFFER, Individually, and as parent and natural guardian of SAMANTHA KEFFER and KYLE KEFFER, minors, have read the foregoing PLAINTIFFS' COMPLAINT and do swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A., Section 4904, relating to unworn falsification to authorities. ess -Wii Angela . Kefgrj Date: 761/ j 154669/MLB `.. c V rn `.J \J SHERIFF'S RETURN - REGULAR CASE 110: 1999-05562 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEFFER ANGELA J ET AL VS. RIOLO GREG M TIMOTHY REITZ , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon RIOLO GREG M the defendant, at 1808:00 HOURS, on the 14th day of September 1999 at 18 CHARISMA DRIVE CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to GREG M. RIOLA a true and attested copy of the COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 8.00 m i ROVNER ` by /;, 247, u y Sworn and subscribed to before me this J6- a, day of 19 49 A. D. (\ '? y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA J. KEEFER, Individually; SAMANTHA KEFFER,: By and Through Her Mother and Natural Guardian, ANGELA J. KEFFER; and KYLE KEFFER, By and Through His Mother and Natural Guardian, ANGELA J. KEFFER, Plaintif f s v. GREG M. RIOLO, Defendant NO. 99-5562 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of the Law Firm of Eager, Reinaker & Spinello as attorney of record on behalf of Defendant Greg M. Riolo, in the above captioned action. EAGER, REINAKER & SPINELLO BY: Geor a H. Eager Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Richard Sadlock, Esquire Angino & Rover 4503 North Front Street Harrisburg, PA 17110 DATE:Oq Iaa)9Cj EAGER, REINAKER & SPINELLO BY: George If. Eager, quire Attorney for De endant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 2 90-7971 a ??; ::. ? c., ? i ? n. ? > ??r , I ?'?= M L z ? Q z ii := U 6 ';l F=? N 2 ?C;, ? U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA J. KEFFER, Individually; SAMANTHA KEFFER,: By and Through Her Mother and : NO. 99-5562 Natural Guardian, ANGELA J. KEFFER; and KYLE KEFFER, By and Through His Mother and Natural Guardian, ANGELA J. KEFFER, Plaintiffs V. JURY TRIAL DEMANDED GREG M. RIOLO, Defendant ANSWER AND NOW COMES DEFENDANT, BY AND THROUGH HIS ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: 1.- 14. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in his favor and against Plaintiffs on all claims set forth in Plaintiffs, Complaint. CLAIM I ANGELA J. KEFFER v. GREG M. RIOLO 15. Paragraphs 1 through 14 inclusive above are incorporated herein by reference and made a part hereof. 16. - 23. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in his favor and against Plaintiffs on all claims set forth in Plaintiffs, Complaint. CLAIM II 24. Paragraphs i through 23 inclusive above are incorporated herein by reference and made a part hereof. 25. - 27. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in his favor and against Plaintiffs on all claims set forth in Plaintiffs' Complaint. CLAIM III KYLE KEFFER, BY AND THROUGH HIS MOTHER AND NATURAL GUARDIAN, ANGELA J. KEFFER v. GREG M RIOLO 28. Paragraphs 1 through 27 inclusive above are incorporated herein by reference and made a part hereof. 29. - 31. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in his favor and against Plaintiffs on all claims set forth in Plaintiffs' Complaint. EAGER, REINAKER & SPINELLO BY: /2 George H. Eager Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ;t VERIFICATION ,', I, GREG M. RTOLO, hereh-j v,nri.Fy that I am r,he Defendant in the foregoing action, and that t'ne averments of the foregoing ti Answers to Plaintiffs' Complaint are true and correct to the beat of my knowledge, information and belief. To the extent that any ., of the averments of -he Answers `c the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. l$ I understand that I am subject to the penalties of 18 f, Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. 2z- 2. GREG M. OL Dated: " L- 9 - 9 ? CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Richard Sadlock, Esquire Angino & Rover 4503 North Front Street Harrisburg, PA 17110 EAGER, REINAKER & SPINELLO DATE: IU?OL199 BY: G George H. Eager, squire Attorney for Defendant Z.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 Cn .7 cry i? r ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA J. KEFFER, Individually; SAMANTHA KEFFER,: By and Through Her Mother and Natural Guardian, ANGELA J. KEFFER; and KYLE KEFFER, By and Through His Mother and Natural Guardian, ANGELA J. KEFFER, Plaintiffs V. GREG M. RIOLO, Defendant NO. 99-5562 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Richard Sadlock, Esquire Angino & Rover 4503 North Front Street Harrisburg, PA 17110 DATE: ID (J EAGER, REINAKER & SPINELLO BY: George H. Eagerf Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 } i L C h_ 1 in (ti l J% C: !a li. Ol r_j <aY 1 f'1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA J. KEFFER, Individually; SAMANTHA KEFFER,: By and Through Her Mother and Natural Guardian, ANGELA J. KEFFER; and KYLE KEFFER, By and Through His Mother and Natural Guardian, ANGELA J. KEFFER, Plaintiffs v. GREG M. RIOLO, Defendant NO. 99-5562 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Richard Sadlock, Esquire Angino & Rover 4503 North Front Street Harrisburg, PA 17110 EAGER, REINAKER & SPINELLO DATE: IOJ10(o/q9 BY: ?? George H. Eager, Esquire Attorney for Defendant =.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 U T cr, CJ r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA J. KEFFER, Individually; SAMANTHA KEFFER,: by and through her Mother and : Natural Guardian, ANGELA J. KEFFER; and KYLE KEFFER, by and through His Mother and Natural Guardian, ANGELA J. KEFFER, Plaintiffs V. GREG M. RIOLO, Defendant NO. 99-5562 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certify that: (1) a notice of intent to serve toe subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE : -ui rf-+-/-- George H. Ea'er, Esqu' Attorney for Defenda I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 2 90 -7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANGELA J. KEFFER, Individually; SAMANTHA KEFFER,: By and Through Her Mother and Natural Guardian, ANGELA J. KEFFER; and KYLE KEFFER, by and Through His Mother and Natural Guardian, ANGELA J. KEFFER, Plaintiffs VS. GREG M. RIOLO, Defendant NO. 99-5562 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT GREG M. RIOLO, intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. DATE: (? I 1. GEORGE H. AGER, SQUIRE ATTORNEY FOR D NDANT I.D. NO. 27740 1347 FRUITVIL E PIKE LANCASTER, PA 17601 (717) 290-7971 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA J. KUPER, Individually; SAMANTHA , KEFFER, by and through her Mother and Natural Guardian, ANGELA J. KEFFER: and KYLE KUPER, by and through His Mother and File No. 99-5562 Natural Guardian, ANGELA J. KEFFER, Plaintiffs VS. GREG M. RIOLQ, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: A.G.I. Fundraising Sales, 140 Salt Road, Enola, PA 17025 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all employment records or reports, etc. and any other information pertaining to Plaintiff Angela J. Keffer (SSN: 207-42-3091) (DOB: 6/17/64) At 1347 Fruitville Pike, Lancaster, Pennsylvania, 17601. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. H you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with iL THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire; Eager, Reinaker & Spinello ADDRESS: 1347 Fr„itville Pike Lancaster. PA 17601 TELEMONE: (717) 290-7971 SUPREML COURT ID # 27740 ATTORNEY FOR: Defendant DATE: BY THE COURT: Prothonotary/Clerk, Civil Division Seal of the Court Deputy COMMON-WEALTH OF ff-M-§YLVAINIA COUNTY OF CUMBERLAND ANGELA J. KEFFER, Individually; SAMANTHA KEFFER, by and through her Mother and Natural Guardian, ANGELA J. KEFFER: and KYLE KEFFER, by and through His Mother and F"de No. Natural Guardian, ANGELA J. KEFFER, Plaintiffs vs. GREG M. RIOLO, Defendant ' 99-5562 SUBPOENA TO PRODUCE DOCIMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 United Restaurant Equipment, 2980 Jefferson Street, Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all employment records or reports etc. and any other information pertaining to Plaintiff Angela J. Keffer -42-3091 DOB: 6/17/64) at 1347 Fruitville Pike, Lancaster, Pennsylvania. 1 601. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party nuking this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TEE FOLLOWING PERSON: NAME: George H. Eager, Esquire; Eager, Reinaker 6 Spinello ADDRESS: 1347 Fruitville Pike Lancaster, PA 17601 TELEPHONE: (717) 290-7971 SUPREME COURT ID 27740 ATTORNEY FOR: Defendant DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUM$ERL AND ANGELA J. KEFFER, Individually; SAMANTHA , KEFFER, by and through her Mother and Natural Guardian, ANGELA J. KEFFER: and 99-5562 KYLE KEFFER, by and through His Mother and File No. Natural Guardian, ANGELA J. KEFFER, Plaintiffs VS. GREG M. RIOLO, Defendant SUBPOENA TO PRODUCE DOCUMENT OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To:_Myerstown Familv Practice Associates, P.C. 431 W. Lincoln Avenue, Myerstown, PA 17067 Within, twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all first consultation reports office notes, MRI, CT and x-ray films & reports, test results, physical therapy reports, nurses' %00a; vvv-vr•?L?o/ km m: o/zi/vl); (( Kyle Ketfe at 1347 Fruitville Pike, Lancaster, I?ennsy vania, 17601. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. V you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a coma order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire; Eager, Reinaker & Spinello ADDRESS: 1347 Fruitville Pike Lancaster, PA 17601 TELEPHONE: (717) 290-7971 SUPREME COURT ID # 27740 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Keffer /7/92) Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA J. KEFFER, Individually; SAMANTHA KEFFER, by and through her Mother and Natural Guardian, ANGELA J. KEFFER: and KYLE KEFFER, by and through His Mother and File NO. 99-5562 Natural Guardian, ANGELA J. KEFFER, Plaintiffs VS. GREG M. RIOLO, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Bowmansdale Family Practice, 1 Kacey Court, Suite 101, Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all first consultation reports, office notes, MRI, CT and x-ray films S reports, test results, physical therapy reports, nurses' Keff er kbws: yy7-yi-sL?o) kuun: a/zi/vi); Kyle Kate at 1347 Fruitville Pike, Lancaster, ennsy vania, 17601. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TBE FOLLOWING PERSON: NAME: George H. Eager, Esquire; Eager, Reinaker S Spinello ADDRESS: 1347 Fruitville Pike Lancaster, PA 17601 TELEPHONE: (717) 290-7971 SUPREME COURT ID k 27740 ATTORNEY FOR: Defendant DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA J. KEFFER, Individually; SAMANTHA KEFFER, by and through bar Mother and Natural Guardian, ANGELA J. KEFFER: and KYLE KEFFER, by and through His Mother and File No. Natural Guardian, ANGELA J. KEFFER, Plaintiffs VS. GREG M. RIOLO, Defendant 99-5562 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Elaine S. Rissinger, Ed.D., Mazzitti & Sullivan, 3544 N. Progress Avenue, Suite 202 Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all first consultation reports, office notes, MRI, CT and x-ray films & reports, test results, physical therapy reports, nurses' 1347 Fruitville Pike, (Address) Lancaster, Pennsylvania, 17601. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by thus subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George H. Eager, Esquire; Eager, Reinaker & Spinello ADDRESS: 1347 Fruitville Pike Lancaster, PA 17601 TELEPHONE: (717) 290-7971 SUPREME COURT ID # 27740 ATTORNEY FOR: Defendant DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day served a true and correct copy of the foregoing Notice of Intent to Serve a subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 upon the persons and in the manner indicated below. Service by First Class Mail, addressed as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 (Attorneys for Plaintiffs) EAGER, REINAKER & SPPINELLO BY: / George H. Eager, E uire Attorney for Defe0ant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 Dated I'M CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 (Attorneys for Plaintiffs) DATE : 1( /17 11 EAGER, REINARER & SPINELLO BY: George H. Eager, uire Attorney for Def dant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 !;72 t_ := . u0 co co a ?a fv N Z • (?Z 2 ?0. PRAECIPE FOR LISTIN rA FOR TR A (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JURY trial at the next term of civil court () for trial without ajury CAPTION OF CASE (entire caption must be stated in full) ANGELA J. KEFFER, Individually, SAMANTHA KEFER, by and through her mother and natural guardian, ANGELA J. KEFFER, and KYLE KEFFER, by and through his mother and natural guardian, guardian, ANGELA J. KEFFER, Plaintiffs V. GREG M. RIOLO, Defendant (check one) () Assumpsit () Trespass M Trespass (Motor Vehicle) ( ) Other The trial list will be called on June 13, 2000. Trials commence on July 10, 2000. Pre-trials will beheld on June 21, 2000 (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) No. 99-5562 Civil Indicate the attorney who will try case for the party who files this praecipe: Richard A. Sadlock, Esquire, Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110, (717) 238-6791 Indicate trial counsel for other parties if known: George H. Eager, Esquire, Eager, Reinaker & Spinello, 1347 Fruitville Pike, Lancaster, PA 17601,(717)290-7971 This case is ready for trial. Signed: Print Date: April 10, 2000 Attorney for Plaintiffs _ s, ?. ? = .. (. )' LL_' - ` 'I 1' i 7 ' ' ?in .. of . i J , ?. u._ I'- n ' i L' C? ::? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA KEFFER, by and through her mother and natural guardian, ANGELA J. KEFFER; and KYLE KEFFER, by and through his mother and natural guardian, ANGELA J. KEFFER, Plaintiffs CIVIL ACTION - LAW NO. 99-5562 Civil V. GREG M. RIOLO, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this Is day of 2000, upon presentation and due consideration of the foregoing Petition for Approva f Minor Plaintiffs' Compromise Settlement and Distribution of Proceeds, it is hereby Ordered and Decreed in accordance with the provision of P&R-C.P. 22 J6 that the Petition is GRANTED. Payment of fees and expenses as listed in the Petition is approved and payment of One Thousand Three Hundred Ten and 00/100 Dollars ($1,310.00) to Minor Plaintiff Samantha Keffer and payment of One Thousand Three Hundred Ten and 00/100 Dollars ($1,310.00) to Minor Plaintiff Kyle Keffer is directed to be made and deposited in a Bank, a depository which is insured by the Federal Government, and no withdrawal will be made from such account until the Minor Plaintiffs attain majority, except as authorized by Order of Court. BY BY THE 2030 34.MAS\MLB ')i44Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA KEFFER, by and through her mother and natural guardian, ANGELA J. KEFFER, and KYLE KEFFER, by and through his mother and natural guardian, ANGELA J. KEFFER, Plaintiffs CIVIL ACTION - LAW NO. 99-5562 Civil V. GREG M. RIOLO, Defendant JURY TRIAL DEMANDED The Petition of Samantha Keller and Kyle Keller, by their parent and nahrral guardian, Angela Keller, respectfully represents: 1. Samantha Keffer, the minor Plaintiff, is the daughter of Angela Keffer, Petitioner, herein. Samantha Keffer is 8 years old having been born on August 21, 1991. 2. Kyle Keffer, the minor Plaintiff, is the son of Angela Keffer, Petitioner, herein. Kyle Keller is 7 years old having been bom on December 7, 1992. 3. On February 11, 1999, Samantha Keffer sustained an abrasion to her right cheek and nightmares as a result ofa motor vehicle accident. 4. On February 11, 1999, Kyle Keffer sustained a frontal contusion, contusions and abrasions to the right and left hips and nightmares as a result of a motor vehicle accident. 202074.nRAa\MLB 5. Minor Plaintiffs were restrained passengers in a vehicle being driven by her mother, Angela J. Keffer. 6. A copy of the Police Accident Report is attached hereto as Exhibit A. 7. Defendant Greg M. Riolo was covered by an insurance policy with State Farm Insurance Company. 8. The Defendant driver and his insurer have agreed to pay and to compromise the claims arising from the injuries to Samantha Keller and Kyle Keffer for the sum of One Thousand Five Hundred Dollars ($1,500.00) each, subject to the approval of your Honorable Court. 9. Petitioner considers this to be a fair, just, and equitable settlement and to be in the best interests of Samantha and Kyle Keffer. 10. Should the Court deem it necessary to schedule a hearing to approve the settlement, and if a hearing is scheduled, Minor Plaintiffs, their mother, and Plaintiffs' counsel will be present at the hearing. 11. Your Petitioner has retained the law firm of Angino & Rovner, P.C. to prosecute this action and has entered into a contingency fee agreement with said attorney whereby said attorney is to receive, for professional services, 35% of any amount recovered after filing suit, plus reimbursement of expenses. However, Plaintiffs' counsel has agreed to reduce his fee to approximately ten percent (10%) or One Hundred Fifty Dollars ($150.00) for each settlement. 12. To date, Plaintiffs' counsel has incurred expenses totaling Forty-one and 01/100 Dollars ($41.01) in pursuit of Plaintiff Samantha Keffer's claim. 701054.1%AS\MLB 13. To date, Plaintiffs' counsel has incurred expenses totaling Forty-two and 00/100 Dollars ($42.01) in pursuit of Plaintiff Kyle Keffer's claim. 14. Petitioner understands that the remainder of the settlement, One Thousand Three Hundred Ten and 00/100 Dollars ($1,310.00) is to be held in trust for Samantha Keffer and the remainder of the settlement One Thousand Three Ten and 00/100 Dollars ($1,310.00) is to be held in trust for Kyle Keffer in an account which is insured by the Federal Government and that no withdrawal be made therefrom until Samantha and Kyle attain majority or authorized by Court Order. WHEREFORE, Petitioner respectfully requests your Honorable Court to approve the Minors' compromise settlements and authorize the payment of attorney's fees from the fund due the minors and direct payment due to the minors to be deposited in a bank in trust for Samantha and Kyle Keffer. ANGINO & ROVNER P.C. . No. 47281 4 03 No ront Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Petitioner Date: May 17, 2000 202054.IVMASULB , t f?'. ? itMb???x ?S ??t + 1? ? n 1 i n a F+ ??x t,?ti??! ? ?y, M'?+?,P e? frr?i } i ?" ri ? 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' Ate/ COMMONWEALTHOFPENNSYLVANIA ANGINO & ROVNER, P.C. 4501 NORTH FRONT STREET RICHARD C. ANOINO DAVID S.VAV a HAPIUMURO, PA 17110-1708 NEILJ•ROVNER NOOLe C. OLmm JOSEPH M. MEDLIO MICNAW.J• NAVnWT 717/7166791 TERRY S. HYMAN JOSEPH M. DORIA PAX717/ZM6IO DAvID L. Lure DVANE&BARMac MICHAEL E HOSIK JAMN DECIwn W WW.W09KHtOVNER.COM RICHARD A. 6ADL0f.'K BMAN RSADLOOK®AHOD40ROVNER.COM May 17, 2000 Mr. Kevin S. Jones 309 Erdman Drive Dauphin, PA 17018 Dear Kevin: Enclosed is a copy of the defense attorney's May 15, 2000 confirming the IME scheduled for you on June 2, 2000 at 10:00 a.m. at Dr. Perry Eagle's office. Also, enclosed are directions to Dr. Perry Eagle's office and a document titled Guidelines far the Independent Medical Examination. Thank you for your continued cooperation in this matter. Should you have any questions, please do not hesitate to contact me. RAS/mlb Enclosure 209464.IXWIMLB VERIFICATION I, ANGELA J. KEFFER, as parent and natural guardian of SAMANTHA KEFFER and KYLE KEFFER, minors, have read the foregoing PETITION FOR APPROVAL OF MINOR PLAINTIFFS' COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS and do swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A., Section 4904, relating to unsworn falsification to authorities. Witness Date: S / yt/l/i Angela J. effer 200699.I\RAS\MLB CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PETITION FOR APPROVAL OF MINOR PLAINTIFFS, COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS on the following via postage prepaid, first class United States mail, requested addressed as follows: Ms. Jackie Ravenel State Farm Insurance Company P.O. Box 257 New Cumberland, PA 17070 Claim Number: 38-JI72-850 George Eager, Esquire Eager, Reinaker & Spinello 1347 Fruitville Pike Lancaster, PA 17601 M c L. Srymess r Date: May 17, 2000 201054.1utAS\MLa Cl) C UJC ?' • 1 ? _ . ?y FI. C_. ilf.1 Y?. Ki F: - O o ?? MAY 1 8 20? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA KEFFER, by and through CIVIL ACTION - LAW her mother and natural guardian, ANGELA J. KEFFER; and KYLE KEFFER, by and through his mother and natural guardian, NO. 99-5562 Civil ANGELA J. KEFFER, Plaintiffs V. GREG M. RIOLO, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2000, upon consideration of the within Petition, a hearing is scheduled on the day of 2000, at _.m. at the Cumberland County Courthouse in Courtroom Number BY THE COURT: J. 2020343TAWALB T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA KEFFER, by and through her mother and natural guardian, ANGELA J. KEFFER; and KYLE KEFFER, by and through his mother and natural guardian, ANGELA J. KEFFER, Plaintiffs V. GREG M. RIOLO, Defendant CIVIL ACTION - LAW NO. 99-5562 Civil JURY TRIAL DEMANDED ORDER AND NOW, this day of 2000, upon presentation and due consideration of the foregoing Petition for Approval of Minor Plaintiffs' Compromise Settlement and Distribution of Proceeds, it is hereby Ordered and Decreed in accordance with the provision of Pa.R.C.P. 2206 that the Petition is GRANTED. Payment of fees and expenses as listed in the Petition is approved and payment of One Thousand Three Hundred Ten and 00/100 Dollars ($1,310.00) to Minor Plaintiff Samantha Keffer and payment of One Thousand Three Hundred Ten and 00/100 Dollars ($1,310.00) to Minor Plaintiff Kyle Keffer is directed to be made and deposited in a Bank, a depository which is insured by the Federal Government, and no withdrawal will be made from such account until the Minor Plaintiffs attain majority, except as authorized by Order of Court. BY THE COURT: 202034.IVtAMMLB I- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA KEFFER by and through her mother and natural guardian, ANGELA J. KFFFER; and KYLE KEFFER, by and through his mother and natural guardian, ANGELA J. KEFFER, Plaintiffs V. GREG M. RIOLO, Defendant CIVIL ACTION - LAW NO. 99-5562 Civil C> Fs_ J JURY TRIAL DEMANDED r.? 0 tP r, The Petition of Samantha Keffer and Kyle Keffer, by their parent and natural guardian, Angela Keffer, respectfully represents: 1. Samantha Keffer, the minor Plaintiff, is the daughter of Angela Keffer, Petitioner, herein. Samantha Keffer is 8 years old having been born on August 21, 1991. 2. Kyle Keffer, the minor Plaintiff, is the son of Angela Keffer, Petitioner, herein. Kyle Keffer is 7 years old having been born on December 7, 1992. 3. On February 11, 1999, Samantha Keffer sustained an abrasion to her right cheek and nightmares as a result of a motor vehicle accident. 4. On February 11, 1999, Kyle Keffer sustained a frontal contusion, contusions and abrasions to the right and left hips and nightmares as a result of a motor vehicle accident. 202054.1%RAS\MLn s INAY 10 M06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA KEFFER, by and through CIVIL ACTION - LAW her mother and natural guardian, ANGELA J. KEFFER; and KYLE KEFFER, by and through his mother and natural guardian, NO. 99-5562 Civil ANGELA J. KEFFER, Plaintiffs V. GREG M. RIOLO, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2000, upon consideration of the within Petition, a hearing is scheduled on the day of 2000, at __.m. at the Cumberland County Courthouse in Courtroom Number-. BY THE COURT: J. 301034.1\RASU1LB i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA KEFFER, by and through her mother and natural guardian, ANGELA J. KEFFER; and KYLE KEFFER, by and through his mother and natural guardian, ANGELA J. KEFFER, Plaintiffs V. GREG M. RIOLO, Defendant CIVIL ACTION - LAW NO. 99-5562 Civil JURY TRIAL DEMANDED ORDER BY THE COURT: J AND NOW, this day of 2000, upon presentation and due consideration of the foregoing Petition for Approval of Minor Plaintiffs' Compromise Settlement and Distribution of Proceeds, it is hereby Ordered and Decreed in accordance with the provision of P&RC.P. 2206 that the Petition is GRANTED. Payment of fees and expenses as listed in the Petition is approved and payment of One Thousand Three Hundred Ten and 00/100 Dollars ($1,310.00) to Minor Plaint:f Samantha Keffer and payment of One Thousand Three Hundred Ten and 00/100 Dollars ($1,310.00) to Minor Plaintiff Kyle Keffer is directed to be made and deposited in a Bank, a depository which is insured by the Federal Government, and no withdrawal will be made from such account until the Minor Plaintiffs attain majority, except as authorized by Order of Court. 202054.1%"hiLB IN THIN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA KEFFER, by and through CIVIL ACTION - LAW c r? her mother and natural guardian, ANGELA J. KEFFER; and KYLE KEFFER, by and through his U>` mother and natural guardian, NO. 99-5562 Civil ANGELA J.KEFFER Plaintiffs V. GREG M. RIOLO, Defendant JURY TRIAL DEMANDED PETITION FOR APPROVAL OF MINOR PLAINTIFFS' COMPROMISE SETTLEMENT AND DISTRIBUTION OF PROCEEDS The Petition of Samantha Keffer and Kyle Keffer, by their parent and natural guardian, Angela Keffer, respectfully represents: 1. Samantha Keller, the minor Plaintiff, is the daughter of Angela Keffer, Petitioner, herein. Samantha Keller is 8 years old having been born on August 21, 1991. 2. Kyle Keffer, the minor Plaintiff, is the son of Angela Keffer, Petitioner, herein. Kyle Keffer is 7 years old having been born on December 7, 1992. 3. On February 11, 1999, Samantha Keffer sustained an abrasion to her right cheek and nightmares as a result ofa motor vehicle accident. 4. On February 11, 1999, Kyle Keffer sustained a frontal contusion, contusions and abrasions to the right and left hips and nightmares as a result of a motor vehicle accident. 202034.MASUILB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELA J. KEFFER, Individually, SAMANTHA KEFFER, by and through her mother and natural guardian, ANGELA J. KEFFER, and KYLE KEFFER, by and through his mother and natural guardian, ANGELA J. KEFFER, Plaintiffs CIVIL ACTION - LAW NO. 99-5562 Civil V. GREG M. RIOLO, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued and issue a Certificate of Settlement. ANGINO & I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: July 10, 2000 cc: Jackie Ravenel, Claim Specialist George Eager, Esquire 214915.1kRAS\MLB a ? , : ? ,: _ y _. ?;: •; i -• in _ iv Diu ? . ? : ! ? ? . -, C ? ANGELA J. KEFFER, Individually, SAMANTHA KEFFER, by and through her mother and natural guardian, ANGELA J. KEFFER, and KYLE KEFFER, by and through his mother and natural guardian, ANGELA J. KEFFER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 99-5562 Civil V. GREG M. RIOLO, Defendant JURY TRIAL DEMANDED PROOF OF DEPOSIT In accordance with Pennsylvania Rule of Civil Procedure 2039, attached is a photocopy of the deposit slip issued on September 20, 2000 from Charles Schwab to Angela Jeanne Fields, Custodian for Kyle A. Keller and Samantha J. Keffer, as proof of deposit of the settlement proceeds. No withdrawal can be made from any such account until the Minor attains majority, except as authorized by a prior Order of Court. ANGINO & lard A. Sadlock, No. 47281 Date: September 21, 2000 Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs cc: Ms. Jackie Ravenel (Claim Number: 38-J 172-850) State Farm Insurance Company P.O. Box 257 New Cumberland, PA 17070 220410.102A4VALB CRARLRB RC8NA9 4 CO. ACCT 8 DATR 9879-884 09/20/00 AMOUNT $1,310.00 INSTATR CRRCR DRPO8XTR'D ACCOUNT NAME i ADDRR98 ANORLA JRANNM FIRLDS CURT FOR RYLR A RRFFRR UPAUTNA UNTIL AON 91 148 8 9ND 8T DILLRRURO PA 17019 8ONL CHARLES SCHWAB 6 CO. ACCT 0 , DATE 2670-2468 09/20/00 AMOUNT 41,310.00 INSTATE CRECE DEPOSITED ACCOUNT KUM A ADDRESS ANGELA JNANNE FIELDS COST FOR SAMANTHA J EEFFER DPADTMA UNTIL AGE 21 146 8 2ND ST DILL88DRG PA 17019 HGJA v) '' N ?? cn =z LL .1 4 f niW . J Ln _ b U U