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HomeMy WebLinkAbout03-5389JADE SPOTTS, a minor by and through her natural parents and legal guardians, CHERYL & RICHARD SPOTTS, Petitioners ROBERTJ. BARTO, Respondent : iN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : .. ., : CIVIL ACTION - I.~W : MINOR'S COMPROMISE PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTION Pursuant to Pennsylvania Rule of Civil Procedure Number 2039, Cheryl & Richard Spotts, the natural parents and legal guardians of minor, Jade Spotts, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by David H Rosenberg, Esq., petitions this Honorable Court to enter an Order permitting settlement and compromise of this action, and in support thereof avers: 1. Jade Spotts was born on February 9, 1987, and is therefore 16 years old and a minor. She currently resides with her natural parents and legal guardians, Cheryl & Richard Spotts, at 633 Erford Road, Camp Hill, Cumberland County, PA 17011. 2. Cheryl & Richard Spotts, adult individuals, are the natural parents and legal guardians of Jade Spotts, and currently resides with their daughter at 633 Erford Road, Camp Hill, Cumberland County, PA 17011. 3. Robert J. Barto is an adult individual currently residing at 400 Easton Road, Apartment 2, Horsham, Bucks County, Pennsylvania 19044. 4. On or about February 23, 2003, the minor, ,lade Spotts, was a back-seat passenger in a 2002 Chevrolet Truck (hereinafter "Petitioner's vehicle") bearing Pennsylvania registration number YJZ-6052 which was owned and operated by her natural father, Richard Spotts. 5. At all times material hereto, Robert J. Barto (hereinafter "Respondent") was the operator of a 1991 Dodge vehicle (hereinafter "Respondent's vehicle") bearing Pennsylvania registration number EXC-6566. 6. At all times material hereto, Petitioner's vehicle was lawfully traveling north on Route 611 in Montgomery County, Pennsylvania. 7. At approximately the same time and place, Respondent, Robert J. Barto, was traveling south on Route 611 Northbound while fleeing the scene of another accident. As a result of the Respondent traveling in the wrong direction, the Respondent's vehicle violently impacted head-on with Petitioner's vehicle. (The Police Accident Report is attached hereto, made a part hereof, and marked, "Exhibit A.") 8. The Respondent, Robert J. Barto, had a blood alcohol level of 0.15 and was charged with Driving Under the Influence. 9. As a direct and proximate result of the Respondent's negligence, the minor, Jade Spotts, suffered contusions on her right knee and left big toe. 10. Jade was initially seen in Abington Memorial Hospital in Abington, Pennsylvania. She was treated and released the same day. 11. Following this visit to the emergency room on February 23, 2003 Jade was seen by her treating physician, Dr. Katherine Gallagher at the Family Medicine Center the next day. 12. Dr. Gallagher released Jade from active care, noting that she should return only for followup or if symptoms presented. (Dr. Gallagher's office note is 2 attached hereto, made a part hereof, and marked, "Exhibit B.") 13. At the time of the collision, Respondent's vehicle was insured under a policy of insurance issued by State Farm Insurance Company. 14. After protracted negotiations, State Farm Insurance Company offered to settle Jade Spotts' claim for $7,500.00. 15. Petitioners will continue to pursue other sources of Underinsured Motor Vehicle Coverage. 16. David H Rosenberg, Esq., believes the amount of the settlement is reasonable in light of the nature of Jade's injuries and the amount of coverage available. 17. Petitioners, Cheryl & Richard Spotts, believes said settlement is in the best interests of their minor daughter, Jade Spotts, and proposes to accept said settlement offer of $7,500.00 from State Farm Insurance Company, thereby releasing Respondent from any and all claims, suits, and/or actions in the future. (A copy of the proposed release is attached hereto, made a part hereof, and marked, "Exhibit C.") 18. David H Rosenberg, Esq., of HANDLER, HENNING & ROSENBERG, LLP, has been the attorney for the minor in this action and he requests counsel fees of $1,875.00 for services rendered plus costs and expenses of $65.45, pursuant to a Contingent Fee Agreement signed by the Petitioners, Cheryl & Richard Spotts, for the minor, Jade Spotts. The 25% fee represents a reduction '[rom the 33 1/3% fee agreement signed by Cheryl Spotts on behalf of Jade Spotts. Thus, the total amount requested for attorney's fees and costs is $1,940.45. (Copies of the Contingent Fee Agreement and the billing summary are attached hereto, made a part hereof, and marked, "Exhibit D.") 19. Petitioner respectfully requests this Honorable Court to order the remaining balance of $5,559.55 to be placed in an account investing only in securities guaranteed by the United States Government or by a Federal Government agency managed by responsible financial institutions, bearing the name of minor, Jade Spotts, that is marked, "Not to be withdrawn until minor reaches tile age of 18 or without the Order of a Court of competent jurisdiction." Date: WHEREFORE, Petitioners request this Honorable Court to: a. Authorize Cheryl & Richard Spotts to sign the release; b. Approve the Compromise stated above; Authorize the payment of fees and expenses stated above from funds due to the minor; and Direct payment of the net funds due, in accordance with the Compromise stated above. Respectfully subrnitted, HANDLER, HE~INING & ROSENBERG, LLP David ,H,~,,,,senberg, Esq. I.D. # 2.~,69 1300 Einglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Petitioners · : ¢~ . -;,~'~: Crash Number I · ;:cOMMONWEALTH OF P~- N~;YLVANIA j POLICE CRASH REPORT, ,FORM New P 0 5 1 9 4 2 9 Case Closed Page: ~ (~) Change/ AA 45 1 1 ~ Yes O No Continuation ~ Patrol Zone ' Precin~ ~nve~igation Date (MM-DD-~) ~ ' ' Investi ator - ~ I Dispatch Time (mjb Arrival T~me (mil) Investigator ~ ~ ~ ~' ~ ' ~ ~ ...... Badge Number Ap~ova' Da~"Y~Y~ ' m ........ I ~ ~ w~ek County Co'ti Name Runidp~lity ~ ~ Notif7 Highway Maintenance School Bus Related School Zone Related C~} Yes ~) No ~ Yes ~ No © Yes ~) No I 0 Yes ~ No ~ Motor Vehicle in O Hit & Run Vehicle O illegally Parked ~ Legally Parked ~ Non - Motorized Pedestrian on Skates, Disabled From O Train ~ Uni~ ~ Pedestrian ~ in Wheelchair, etc ~ Previous Crash r ~st Name (If Pedestrian, skip to Form ~ 45 3 ~) FI M~ TeLephone Number ~ ~ Vehicle C)~ ~ State Zip m ~ Yes Address Model Year Vehicle Make* ;, (if Yes, Complete Reg. State Travel Sp~ed *Refer to List on ,,,, , ~ m~ I ~ ~ ~ ' ~ i Insurance Company Phone insurance Company Policy No Towed By Tow Agency Phone Towed To Unit Number Deiete? Owner Last Name (If Pedestrian, skip to Form AA 45 3 l) ~) Motor Vehicle in ~ Hit & Run Vehicle ~yp~ ~ Transport Uni~ ~ Pedestrian C~ illegally Parked C~ Legally Parked t~, Non - Motorized Pedestrian on Skates, C~ Disabled From ,~ Train -- Phantom Vehicle in Wheelchair, etc Previous Crash Commercial Vehicle ~ No Address Model Year Vehicle Make' (If Yes, Complete License Plate Reg. State Travel Speed *Refer *O~;0 ~ tO03 ~l ~ ~ [ il Back of O~rIEy ' Policy No Insurance Company Insurance Un- ! ~ ~-~ ~ J N'_5 . ~Yes ~ NO ~ known Towed To Vehicle Towed ~ , Phone Towed By · :~_.J : CO'MI~I'0Nt~/~LTH OF PF 'ISYLVANIA POLICE CRASH REPORTIt.. FORM AA 45 2 1 Page: ~ ~-~ 1=Towing Passenger Veh 6=Trailer ~_(~1 [I IofTrailingl~.~I 2=TowingTruck 7=Semi-Trailer ~[~ TagNo I 3=Towing Utility Trailer 8=Other I Units: 4=Mobile or Modular Home 9=Unknown New Change/ Continuation Crash Number P0519429 Year -- I Tag Year Tag Tag State Vehicle Color 01=glue 02=Red 08=Gold 03=White 09=Brown 04=Green 10=Oraqg~-- 05=Black 19=Purple 06=YeUow 12=Other 07=Silver 99=Unknown Vehicle Tvoe ~ 11=Farm Equip 22=Horse and Buggy 01=Automobile 23=Horse and Rider 02=Motorcycle 12=Construction Equip 03=Bus 18=Other Type Special Veh 24=Train ~ 04=Small Truck 19=Unknown Type Special Veh 25=Trogey 05=Large Truck 20=Unicycle, Bicycle, Tricycle 98=Other 10=Snowmobile 21=Other Pedalcycle 99=Unknown amaae,.d,cator 0=None [ O=Non-Collision 1=Minor (Driveable) 2=Functional (Moderate Damage, May Not be Driveab[e) 3=Disabling (Severe - Not Driveable) 9=Unknown Usaoe ~--~ 12=Commercial Passenger Carrier 00=Not Applicable 13=Taxi 01=Fire Veh 21=Tractor Trailer 02=Ambulance ~ 22=Tw n Trailer ..~- 03=Police ~ 23=Triple Trailer 08=Other Emergency Vehicle 31=Modified Veh 11=Pupil Transport 99=Unknown Vehicle Position~ 00=Not Appi[cable 01=Right Lane (Curb) G2=Right Turn Lane 03=Left Lane 04=Left Turn Lane 05=2-Direction Center Turn Lane 06=Other Forward Moving Lane 07=Oncoming Traffic Lane Initial Imoact Point ~ 09 03 13=Top 14=Undercarrlage 08 04 15=Towed Unit ~i~ i 06 99=Unknown 1=Striking 2=Struck 3=Both Striking and Struck 08=Left of Trafficway 09=Right of Trafficway 10=HOV Lane 11=ShoulderRight 12=Shou[derLeft 13=One Lane Road 98=Other 99=Unknown N=North E=East W=West U=Unknown Movement ~ 07=Entering a Parked .... Position 08=Trying to Avoid Animal 01=Going Straight Pod, Object, Veh, otc 02=Slowing/Stopping in Lane 09=Turning Right on Red 03=Stopped in Traffic Lane 10=Turning Right 04=Passing/Overtaking Veh 11=Turning Left on Red 05=Leaving a Parked Position 12=Turning Left 06=Parked 13=Making a U-Turn 14=Backing Up 15=Changing Lanes or Merging 16=Negotiating Cur~e - Right 17=Nog ~tiating Curve - Leff 98=Other 99=Unknown Trailina Unit(si Tyae of Unit E=Camper ~i [ Tag No ' Number ~ 1=Towing Passenger Veh 6=Trader of Trailing ' ~ ! 2=Towing Truck 7=Semi-Trailer ~ Units: 3=Towing Utilit~ Trailer 8=Other ~! [ Tag N~ 4=Mobile or Modular Home 9=Unknown G_radient ~ 3=Downhill '" 4=Sag/BottOm of Hill 1=Level Roadway 5=Crest/Top of Hill 2=Uphill 9=Unknown Alignment ~ 1=Straight ' k , 2=Curved 9=Unknown Tag I I Tag Tag ~ ! Ta~ Vehicle Color ~ 01=Blue 02=Red 08=Gold 03=White 09=Brown 04=Green 10=Orange O5=Biack 11=Purple 06=YeUow 12=Other 07=Silver 99=Unknown 0 00=Non-Collision 13=Top 14=Undercardage ~99=Unknown ~e. hicle Tvoe 22=Horse and Buggy 01=Automobile 11=Farm Equip 23=Horse and Rider 02=Motorcycle 12=Construction Equip 24=Train 03=Bus 18=Other Type Special Veh 04=Small Truck 19=Unknown Type Special Veh 25=Trolley 05=Large Truck 20=Unicycle. Bicycle, Tricycle 98=Other 10=Snowmobile 21=Other Pedalcycie 99=Unknown D~maoe indicator [ '~ [ i Vehicle Role i '~ ' 1=Minor (Drive~bie) 0=Non-Collision 2=Functional 1=Striking (Moderate Damage, 2=Struck May Not be Driveabte) 3=Both Strikin~" 3=Disabling (Severe - and Struck 00=Not Applicable 01=Fire Veh 02=Ambulance 03=Police 08=Other Emergency Vehicle 11=Pupil Transport i O Oi 12=Commercial 13=Taxi 21=Tracto~ Trailer [2=Twin Trailer 23=Triple Trailer 31=Modified Veh 99=Unknown ~ No~_~riveable) .: g=Unknown Vehicle Position 00=Not Applicable 01=Right Lane (Curb) 02=Right Turn Lane 03=Left Lane 04=Left ~rurn Lane 05=2-Direction Center Turn Lane 06=other Forward OB=Left of Trafficway 09=Rig ht ~f,Trafficway lO=NOV ~ ' 11=Shoulder Bight 12=Shouider Left 13=One Lane Road (jMoyi~g Lao~ :. 9B=Other 07=Oncoming Traffic Lane .99=Unknown ~ N=No~h S=South E=East W=West U=Unknown -~ 07=Entedng. a Pa?ked 08=Trying to Avoid Animal, 01=Going Straight Pod, Object, Veh, otc 02=Slowing/Stopping in Lane 09=Turning Right on Red 03=5topped in Traffic Lane 10=Turning Right 04=Passing/Overtaking Veh 11=Turning Left on Red 05=Leaving a Parked Position 12=Turning Left 06=Parked 13=Making a U-Turn 14=Backing Up 15=Chaaging Lanes or Merging 16=Negotiating C,Jrve - Right 17=Negotiating Curve - Left 98=D,ther 99=Unknown Gradient ~--L 3=Downhill . 4=Sag/B0ttom of Hil l=Level Roadway 5=CresUTop of Hill 2=UphiU 9=UnknOwn Alionmentl~j 1=Straight 2=Curved 9=Unknown COMMONWEALTH OF p"'~NSYLVANIA POLICE CRASH REPORT, , FORM AA 45 3 1 Page: Change/ Con'linuation Crash Number P0519429 Unit Number Last Name FI MI Telephone Number Address C:O License ~ber Alcohol/Druqs Suspected C~) No C~) Illegal Drugs C~) Medication g Alcohol (~) Alcohol and Drugs C~ Unknown City State Zip State If License Number is unknown or driver is not licensed, see manual C) No Pedestrian Signal C~) Pedestrian Signal Not at Intersection Alcohol Test Type (~) Test Not Given (~ Breath (~) Other ~) Blood C~) Urine C~) Unknown if Test Given Alcohol Test Results .Unknown ~0~ C~ Test RefusedTest Given ~) Results · Q~) Contam hated Results Driver or Pedestrian Physical Cond t on C~ ApparentlYNormal C~) Illegaluse Drug C) Fatigue C~) Medication Nad Been O Sick Q Asleep C~ Unknown g Drinking Pedestrian Location ~) In Roadway C~) C~ Marked Crosswalks at Intersection C~ Not in Roadway C~ C~) At intersection - No C~) Median Crosswatks (~ C~ Island C~) Non-Intersection Crosswalks (~) Shoulder (~ C~ Driveway Access C~ Sidewalk ~ Unknown < 10 Feet Off Road > 10Feet Off Road Outside Trafficway Shared Paths/ Trails Vehicle Code List any Vehicle Code Section this driver has Charged with violated and mark if they were charged. Violation? I ..... ~ / ~Yes C~ N° Owner/Driver 00=Not Applicable 03=Rented Vehicle 08=Other Municipal Code 01=Private Vehicle Owned/ 04=State Police Vehicle Government Vehicle  Leased by Driver OS=PennDOT Vehicle 09=Federal Gev Vehicle 02=Private Vehicle Not 06=Other State Gev Vehicle 98=Other Owned/Leased by Driver 07=Municipal PoEce Vehicle 99=Unknown Unit Number Last Name Address City License Number 1=Driver Operated 3=Driver Fled Scene Vehicle 4=Hit and Run 2=No Driver 9=Unknown FI MI Telephone Number State Zip State i ~ i If License Number is unknown or ~ driver is not licensed, see manual Alcohol/Druqs Suspected ~ No ~ Illegal Drugs ~ Medication C~ Alcohol ~ Alcohol and Drugs ~ Unknown Alcohol Test Type ~ Test Not Given ~ Breath ,~ Other ~ Blood ,~ Urine ,~, Unknown if ~ Test Given Alcohol TestResults ~ Test Refused ~ Unknown Results Test Given ~-~ Contaminated Resu ts Driver or Pedestrian Physical Condition Apparently ~ Illegal Drug ~ Fatigue Normal Use Had Been ~ Sick ~) Asleep Drinking Medication Unknown Owner/Driver Code Pedestrian Sianal at Scene of Crash No Pedestrian Signal Pedestrian Signal Not at Intersection Pedestrian Location , ~ In Roadway '-- < 10 Feet ~ Mark~.d Crosswalks ~ off Road at Intersection ~ Not in Roadway > 10 Feet ~ At Intersection - No ~ Median ~ Off Road '~ Crosswalks ~ Island ~ Outside Trafficway ~ Non4ntersection ~ Sha~J Paths/ Crosswalks ~ Shoulder Trai~' ~) Driveway Access ~ Sidewalk ~ Unknown Vehicle Code List any Vehicle Code Section this driver has Charged with violated and mark if they were charged. Violation? ]C~) Yes (~) No 00=Not Applicable 03=Rented Vehicle 08=Other Municipal 01=Private Vehicle Owned/ 04=State Po[ice Vehicle Government Vehicle Leased by Driver 05=PennDOT Vehicle 09=Federal Gov Vehicle 02=Private Vehicle Not 06=Other State Gov Vehicle 98=Other Owned/Leased by Driver 07=Municipal Police Vehicle 99=Unknown 1=Driver Operated 3=Driver Fled Scene Vehicle 4=Hit and Run 2=No Driver 9=Unknown CO'MMONwEAL~H OF Pr 'SYLVANIA POLICE CRASH REPORTII~.a FORM AA 45 4 1 Page: i~ New C~) Change/ Continuation Crash Number P0519429 A 1=Driver D 2=Passenger 7=Pedestr{an B=Other 9=Unknown B F =Eemale M=Male U =Unknown In'u 5everi : 2=Major injury 3=Moderate Injury 4=Minor injury g--Unknown Seat Position: 00=Not A Passenger/Occupant 01=Driver- All Vehicles 02=Front Seat Middle Position 03=Front Seat Right Side 04=Second Row - Left Side Or Motorcycle Passenger 05=Second Row - Middle Posit[on 06=Second Row- Right Side 07=Third Row Or Greater - Left Side 08=Third Row Or Greater - Middle Position 09=Third Row Or Greater- Right Side 10=Sleeper Section OfTruckcab F 11=In Other Enclosed Passenger Or Cargo Area 12=1n OJO en Area (Bac~( Of Pickup, Etc.) 13=Trailing Unit 14=Riding On Vehicle Exterior 15=Bus Passenger 98=Other 99=Unknown Safety Equipment One: 00=None Used / Not Applicable 01=Shoulder Belt Used 02=Lap Be[t Used 03=Lap And Shoulder Belt Used 04=Child Safety Seat Used 05=Motorcycle Helmet Used 06=Bicycle Helmet Used 10=Safety Belt Used Improperly 11 =Child Safety Seat Used Improperly 12=Helmet Used Improperly 90=Restraint Used, Type Unknown 99=Unknown Safety Eouioment Two: bO=None Used / Not Applicable 01 =Front Air Bag Deployed (For This Seat) 02=Side Air Bag Deployed (For This Seat) 03=Other Type Air Bag Deployed 04=Multiple Air Bags Deployed 05=Motorcycle Eye Protection 06=Bicycllst Wearing £1bow/Knee/ Other Pads 10=Air Bag Not Deployed. Switch On 11=Air Bag Not Deployed. Switch Off 12=Air Bag Not Deployed, Unk Switch Setting 13=Air Bag Removed (Prior To C-rash) 19=Unknown If Air Bag Deployed 99=Unknown G O=Not Applicable 1=Not E acted 2=Totally Ejected 3=PartiaUy Ejected H 0=Not Ejected / Not Applicable 1=Through Side Door Opening 2=Through Side Window 3=Through Windshield 4=Through Back Door 5=Through Back Door Tailgate Opening 6=Through Roof Opening (Sunroof/ Convertible Top Down) 7=Through Roof Opening (Convertible Top Up) 9=Unknown F Extrication: 0=Not Appticable 1=Not Extricated 2=Extricated By Mechanical Means 3=Freed By Non - Mechanical Means 8=Other 9=Unknown Unit No Person No O~~Delete? Name / Address / Phone Date of Birth (MM-DD-YYYY) A C D E F G H I ~ Z~ I EMSTransport Unit No Person No Date of Birth (MM-DD-YYYY) Name / Address / Phone A B C D E F G H EMS Transport ~ Yes C~) No Unit No Person No Date of Birth (MM-DD-YYYY) Delete? Name / Address / Phone A B C D E F G H EMS Transport Unit No Person No Date of Birth (MM-DD-YYYY) A B C D E F G H I Delete? , ~ ' Name / Address / Phone EMS Transpo~c Unit No Person No Date of Birth (MM-DD-YYYY) Name ! Address / Phon~ , , A B C ~Yes ~_~No H' [MS Transpor~ OYes ONo Unit No Person No Delete? -- Name / Address / Phone Date of Birth (MM-DD-YYYY) A B C D E F G H I EMS Transport j C) Yes 0 NO .~J . COMMONWEALTH OF pr NSYLVANIA · POLICE CRASH REPORTI~. ~ FORM ~ New AA 45 5 1 Rage: ~ (~ Change Crash Number P0519429 ~ Q~) "Y" Intersection (~ Off Ramp Spedal Location ~ Midblock (~ (~ Crossover Traffic Circle/ I~) Not Applicable C~ Bridge C~ Cross Over Related ~ 4 Way Intersection Round About ~ Underpass ~ Tun~e[ ~ Driveway/Parking Lot Multi-Leg ~ Railroad Crossing ~ Ramp ~ Toll Booth ~ Ramp & Bridge ~ "T" [nterse~ion Interse~ion Unknown ~ On Ramp ~ Other (If "Ramp" is indicated, please s~ manual) Complete the Principal Road So.ion for all ~pe of crashes. For crashes at interse~ions, enter information in the [nterse~ing Road Se~ion or'the GPS So.ion. If you have a midbiock crash, you should enter information in the "Distance from Larldmark" Se~ion, the GPS Section, or the House Number So.ion i~ the Principal Road area. Coun~ Route Number Segment (Optional) Travel ~nes Sp~ed Limit ~ NoAh House Number (if applicable) Street Name Street Ending East 'E, ~ West Route Siqninq ~ Interstate Turnpike ~ Turnpike ~ State ~ Coun~ C) Local Road ~ Private ~ Other/ (Not Turnpike) ~ (EasUWest) Spur Highway Road or Street ~ Road Unknown ~ es ~ Street Name Street Ending ~ ~ Interstate ~ Turnpike ~ Turnpike ~ State ~ Coun~ ~ Local Road ~ Private ~ Other/ ~ (Not Turnpike) (East/West) Spur Highway Road or Street Road Unknown Interse~ing Rt Num Or Mile Post Or Segment Marker ~ ~ ~ Or lnte~e~ing Street Name StEnding =l~East ~ for BOTH F - : : L : ': ~ ~ndmarks ~ Interse~ing Rt Num Or Mile Post Or Segment Marker ~ ~ ~ ~ ~ ' - ' gi ~ No.hi Distance From ~ mhisOp~onl ~ ; I ~ i : ,, ;i , ~South[ ScenetoLaBdmarkl ~ ~ ~ (For Crash ~e~een ~ ~ Or Inte~e~ing Street Name St Ending ~ East Landmark I and I ,~ ,~ C ~? [/~ M I Landmark 2) Degree~ Minutes Second~ Degrees Minutes Seconds Passive RR ] TCD Fun~ioninc, Traffic Control Device ~ Stop Sign ~ Crossing Controls ~ Not Appli~ble I Emergen~ ~ Yield Sign Police Officer orI ~ No Controb ~ Device Fun~ioning ~ ~ Improperly ~ Preemptive 5igna~ ~ Traffic Signal ~ Unknown T~pe of Work Zone (If "Not a Work Zone", skip rest of Work Zone se~ion) Work Zon~ (Ma~'k ali that apply) ~ Not a Work Zone ~ Lane Closure ~ Work on Shoulder ~ Flagger Control I~ Work Zone Location ,~' Transition Area ~ Road Closed with or Median ~ Maintenance Zone Warning Sign I Moving Work ~ Uti~i~ Company Advance Warning ~ Termination Area Work Zone ~ Workers ~ Yes ~ No '~ Unknown ~ Other Area ~ Other Speed Limi~ ~ ~ Present Lane Closed (If "Not Applicable", skip rest of the Lane Closure se~ion) Traffic Detou~d ~ Yes ~ No ~ ~ Not Appllcab[e ~ Pa~ia[ly ~ Fully ~ Unknown ~ ~ Lane Oosure Dire~ion Estimated Time Closed ~ 1-3 hours ~ 9-12 hours ~J ~ No~h ~ East ~ No~h and South ~ < 30 Minutes ~ 3-6 hours 12 hours ~ ~ South ~ West ~ East and West ~ 30-60 Minutes ~ 6-9 hou~ ~ Unknown - / ~ COMK/fONWE~LTH OF PF ~SYLVANIA · POLICE CRASH REPORTll% . FORM AA456 1 Page: j New C~ Chancje/ Continuation Crash Number P0519429 [-~ 0=Non-Collision 2=Head On 4=Angle 1=Rear End 3=Rear to Rear 5=Sideswioe (Backing) (Same l~irection) 6=S deswipe (OpposEe Direction) 7=Hit Fixed Object 8=Hit Pedestrian 9=Other/Unknown !~elation to Roadwav [] 1=On Travel Lanes 3=Median 2=Shoulder 4=Roadside ' 5=Outsida Trafficway 7=Gore (Ramp Intersection) 6=In Parking Lane 9=Unknown !!!~rnination 1=Daylight 3=Dark - Street 5=Dawn 8=Other 2=Dark No Lights 6=Dark- Unknown Street Lights 4=Dusk Roadway Lighting 1=No Adverse 3=Sleet (Hail) 5=Fog 7=Sleet & Fog 9=Unknown Conditions 2=Rain 4=Snow 6=Rain & Fog 8=Other Surface Conditions 2=Sand, Mud, Dirt, 4=Slush  O=Dry Oil 1=Wet 3=Snow Covered 5=1ce Harm Event LIR Most? Events in 3 C~ ' Sequential Order 4 Utility Pole Number Harm Event LIR Most? Please Put Events in 3 SequentialI -- , Utility Pole Number First Harmful Event in the Crash Unit No Harm Event Most Unit No Harmful ~ 1©1 io( z.-I Eventin ©11 f:he Crash Harm Event pgtential Factors (E/R) 00=None 01=Windy Conditions 02=Sudden Weather Conditions 03=Other Weather Conditions 04=Deer in Roadway 05=Obstacle On Roadway 06=Other Animal In Roadway 07=Giare 08=Work Zone Related 11=Slippery Road Conditions (IcelSno~v) 12=Substance On Roadway 13=Potholes 14=Broken Or Cracked Pavement 1S=TCD Obstructed 16=So~ Shoulder Or Shoulder Drop Off 28=Other Roadway Factor 99=Unknown Possible Vehicle Failures IV) 00=None 06=Exhaust 01=Tires 07=Headlights 02=Brake System 08=Signal Lights 03=Steering System 09=Other Lights 04=Suspension 10=Horn 05=Power Train 11=Mirrors Unit i Unit 12=Wipers 13=Driver Seating/Control 14=Body, Doors, Hood. Etc 15=Trailer Hitch 16=Wheels 17=Airbags 18=Trailer Overloaded 19=Unsecure/Shifted Trailer Load 20=Improper Towing 21 =Obstructed Windshield 99=Unknown Indicated Prime Factor multiple pages EIR V D P Unit No Factor Code If E/R is the Prime Factor Type, leave Unit No blank Harmful Events (Harm Event) 01=Hit Unit 1 02=Hit Unit 2 03=Hit Unit 3 04=Hit Unit 4 05=Hit Unit 5 06=Hit Other Traffic Unit 07=Hit Deer 08=Hit Other ,Animal 09=Collision With Other Non Fixed Object 11=Struck By Unit 1 12=Struck By Unit 2 13=Struck By Unit 3 14=Struck By Unit 4 15=Struck By Unit 5 16=Struck By Other Traffic Unit 21=Hit Tree Dr Shrubbery 22=Hit Embankment 23=Hit Utility Pole 24=Hit Traffic Sign 25=Hit Guard Rail 26=Hit Guard Rail End 27=Hit Curb 28=Hit Concrete Or Longitudinal Barrier 29=Hit Ditch L¢ftJRiuht (UR') L=Left R=Right 6=1ce Patches 8=Other 7=Water - Standing or M ovinc~ 30=Hit Fence Or Wall 31=Hit Building 32=Hit Culvert 33=Hit Bridge Pier Or Abutment 34=Hit Parapet End 35=Hit Bridge Rail 36=Hit Boulder Or Obstacle On Roadway 37=Hit Impact Attenuator 38=Hit Fire Hydrant 39=Hit Roadway Equipment 40=Hit Mail Box 41=Hit Traffic island 42=Hit Snow Bank 43=Hit Temporary Construction Barrier 4B=Hit Other Fixed Object 49=Hit Unknown Fixed Obiect 50=Overturn/Boll Over 51=Struck By Thrown Or Failing Obiect S2=Pot Holes Or Other Pavement irregularities 53=Jacknife 54=Fire In Vehicle 58=Other Non-CoUision 99=Unknown Harmful Event O=Other U=Unkn0wn Ddver Action .(D) 00=No Contri0uting Action 01=Driver Was Distracted 02=Driving U:~ing Hand Held Phone 03=Driving U!iing Hands Free Phone 04=Making Illegal U-Turn 05=lmproperl Careless Turning 06=Turning From Wrong Lane 07=Proceeding W/O Clearance After Stop 08=Running Stop Sign 09=Running Bed Light 10=Failure To Respond To Other Traffic Control Device 12=Sudden Slowing/Stopping 13=Illegally Stopped On Road 14=Careless Passing Or Lane Change 15=Passing In No Passing Zone pedestrian Action (P) 00=None 01=Entering Or Crossing At Specified Location 02=Walking, Running, Jogging, Playing. Or Cycling Unit No ~-~---~ 16=Driving The Wrong Way On 1-Way Street 17=Careless Or Illegal Backing On Roadway 18=Driving On The Wrong Side of Road 19=Making Improper ~ Entrance to Highway 20=Making Improper Exit - From Highway 21=Careless Parking/Unparking Z2=Over/Under Compensation At Curve 23=Speeding 24=Driving Too Fast For Conditions 25=Failure To Maintain Proper Speed 26=Driver Fleeing Police (Police Chase) 27=Driver Inexperienced 28=Failure To Use Specialized Equip 98=Other Improper Driving Actions 03=Working 04=Pushing Vehicle 05=Approaching Or Leaving Vehicle 06=Playing Or Working On Vehicle 07=Standing 98=Other Unit No -- ~ FOnM # AA-45 (01~01) E3f'~l I~ f~l~OV ". : POLICE CRASH REPORTi. · FORM AA 45 7 1 Page: ~ New C~) Chal~ge/ Continuation C) Delete Page Crash Number P0519429 Crash Number P0519429 --I · _a.' !~ I~'NjI~OI~I~JF-~[T1H OF P' ~ISYLVANIA '.. ; h POLI"CE CRA~S~I RI~PORTh. ~ FORM i New C~) Cha~'lge/ Continuation emergency transport, witness, and other information here. It is not required to restate information from the form. Responding EMS Agency: Witness Medical Facility: ~ ~/W~ ~"n/~ Address; Phone: Narrative: · PATIENT IDENTIFICATION NARRATIVE PROGRESS NOTES DATE COMMENTS PAGE FILE NO. 02/24/03 SPOTTS, JADE DOB: 2/9/87 S: Jade is !n for a follow-up. Apparently, the Sports fam!iv was in a yeti, bad motor vehicle accident. Cheryl is still in Abington MemOrial Hospina! wi%h a dislocated hip afuer her knee went into :he dash and it total!y took the hip out of socket. Jade was asleep in the sack seat, got Eossed ~around, and is having a lot of pain in her rigxt knee, and on her ief5 great toe. She apparently was x rayed, evaluated, put in splints, and released. The doctor there did tell her to try to start walking. Because this jusu happened, I told her I want to hold cfr on doing x-rays for about a week. She is able Go walk quite nicely withoum crutches, so we wilxi just go ahead and follow her up in a week, and see how she is doinu ~he states.she feels fine on every other part of her body. ~ose consciousness in uhe accident. Katherine Gallagher, M D./elh DS. 2/24/03' ~T. 2/27/03 APR 2 1 003 RELEASE Barcode Only For the Sole Consideration of Seven Thousand Five Hundred and xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Dollars the receipt and sufficiency whereof is hereby acknowledged, the undersigned hereby releases and forever discharges Melba Barto~ Robert Barto and State Farm Mutual Automobile Insurance Company __ h heirs, executors, administrators, agents and assigns, and all other persons, firms or corporations liable or, who might be claimed to be liable, none of whom admit any liability to tile undersigned but all expressly deny any liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, and particularly on account of all injuries, known and unknown, both to person and property, which have resulted or may in the future develop from an accident which occurred on or about the 23rd day of Feb , (year) 2003 at or near Rt 611 Horsham Pa This release expressly reserves all rights of the parties released to pursue their legal remedies, if any, against the undersigned, their heirs, executors, agents and assigns. Undersigned hereby declares that the terms of this settlement have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final compromise adjustment and settlement of any and all claims, disputed or otherwise, on account of the injuries and damages above mentioned, and for the express purpose of precluding forever any further or additional claims arising out of the aforesaid accident. Undersigned hereby accepts draft or drafts as final payment of the consideration set forth above~ Any person who knowingly and with intent to defraud any insurance cornpany or other person files an application for insurance or a statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. This Release does not apply to any claim for First Party or Underinsured benefits, or any other claim not specifically referenced in this Release. In Witness Whereof, have hereunto set In presence of: Witness Address hand(s) and seal(s) this day of , (year) Signed X (~/ 104077.2 Rev. 02-07-2002 CONTINGENT FEE AGREEMFNT I, Cheryl Spotts, parent and guardian of Jade Spotts, do hereby retain HANDLER, HENNING & ROSENBERG, LLP., of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute in my name, any legal proceedings or actions that, in their judgment are necessary, against any and all persons or against anyone else as a result of injuries and damages I sustained in an incident that occurred on 02/23/03. I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. In consideration of the services so to be rendered by Handler, Henning & Rosenberg, LLP, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 %%) of whatever sum is recovered as a result of settlement without lawsuit; or FORTY PERCENT (40%) of whatever sum is recovered after lawsuit is filed or in the event of arbitration or mediation. I will reimburse Handler, Henning& Rosenberg, LLP. for any necessary expenses advanced on my behalf in pursuing my claim. Examples of typical expenses include Court filing fees, investigation, auto mileage, photocopies, court reporters, medical records, expert witness fees, etc. If no money is obtained, clie,~t will not owe a legal fee or expenses. I also agree to take possession of my medical files at the conclusion of this case. My failure to take possession of these files within 60 days after the conclusion of the case will authorize my lawyers to destroy said files1 I agree that HANDLER, HENNING & ROSENBERG, LLP. may associate additional lawyers to assist with this case and I agree to the sharing of fees between lawyers. I understand the terms herein apply to other lawyers associated on this case. I understand that the association of other lawyers does not increase the, amount of the attorney fees at the conclusion of the case. Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. I acknowledge that I have read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of the same. The terms set forth herein are accepted. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 24th day of March, 20 3.  t~fL~,~¢./[t~,,7/'O~-~L..t' (SEAL) Cheryl Spoff's, parent and guardian of Jade Sports ndle-r' nnmg 5 senber§ ATTORNEYS AT LA~' BILL NO: 7998 BILL DATE: August 28, 2003 1300 Linglestown Road, Harrisburg, PA 171'10 Jade Spotts 633 Erford Road Camp Hill, PA 17011 Client No: 208272 Matter: 00000 Attorney: DHR INVOICE PAYMENT DUE UPON RECEIPT EXPENSES [CASE 04/17/2003 34.27 j 04/17/2003 \,'endor RECORDEX ACOUISITION CORP: General Case Expense 34/22/2003 2!3.5:3 ] [CASE 04/22/2003 [ISi VendorSma~ DocumentSotutions. LLC:OeneralCaseExpense 08/31/2003 6.46, ] 08/31/2003 DocumentReproduction 08,31/2003 Postage Costs [POST '08/31/2002 1.52 ] 08/31/2003 Postage Costs TOTAL EXPENSES Total due this invoice 34,27 1030 640 196 I 52 $65.45 $65.45 TOTAL BALANCE DUE $65.45 PAY BY CREDIT CARD: Card # Authorized Signature Visa __ Mastercard Discover Exp. Date VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and nell my own. I have read the document 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 knowled!3e, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Cheryl Spotts, natural parent and legal guardian for Jade Sports Date: VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document 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 contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Richard Sports, natud,~l parent and legal guardian of Jade Spotts JADE SPOTTS, a minor by and through her natural parents and legal guardians, CHERYL & RICHARD : SPOTTS, : Petitioners : ROBERT J. BARTO, Respondent 0C ' 2003 : iN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 4)2 -- CIVIL ACTION - LA~ MINOR'S COMPROMISE ORDER ANDNOW, this /~ dayof o~- within Petition, ,2003, upon consideration of the IT IS HEREBY ORDERED that Petitioners Cheryl & Richard Spotts are authorized to enter a release and settlement on behalf of the minor, Jade Spotts, and that the disbursement of funds, including counsel fees and expenses, is approved as set forth in said Petition and the funds shall be disbursed in accordance with the terms and conditions of the settlement agreement as follows: A. Direct payment of one thousand eight hundred and seventy five dollars ($1,875.00) to David H Rosenberg, Esq., representing reasonable attorneys' fees; B. Direct payment of sixty five dollars and forty five cents ($65.45) to David H Rosenberg, Esq., representing reimbursement of costs; C. Direct the remaining four thousand nine hundred thirty four dollars and fifty five cents ($5,559.55) to be placed in an account investing only in securities guaranteed by the United States Government or a Federal Government agency managed by responsible financial institutions, bearing the name of the minor, Jade Spotts, that is marked "Not to be withdrawn until the minor reaches the age of 18 or without the Order of a Court of competent jurisdiction." D. Proof of deposit is to be filed with the Court. BY THE COURT: /