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Home My WebLink About01-6515HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOHNNY K'S, INC., JOHN KRITIKOS, individually and t/d/b/a JOHNNY K'S, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Johnny K's, Inc. 6437 Carlisle Pike Mechanicsburg, PA 17055 -and- John Kritikos, individually and t/d/b/a Johnny K's 6427 Carlisle Pike Mechanicsburg, PA 17055 -and- 50 Hoover Road Carlisle, PA 17013 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days at~er 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 fall to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. Document #:219712.1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Document #:219712.1 HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOHNNY K'S, INC., JOHN KRITIKOS, individually and t/d/b/a JOHNNY K'S, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED CIVIL COMPLAINT 1. Plaintiff Kimberly Duncan is an adult individual residing at 321 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff Kimbefly Duncan is the mother and natural guardian of minor Plaintiff Halie Duncan, who resides with her and who is 15 years old, having been bom on December 9, 1985. 3. Minor Plaintiff Halie Duncan has selected Plaintiff Kimberly Duncan, as her mother and natural guardian, to represent her interests in this action. 4. Defendant Johnny K's, Inc. is a Pennsylvania corporation with a principal place of business at 6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. Defendant John Kritikos is an adult individual who resides, on information and belief, at 50 Hoover Road, Carlisle, Cumberland County, Pennsylvania 17013. 6. Defendant John Kritikos owns the property at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055 and trades and does business as Johnny K's. Document #: 219712.1 7. On August 19, 2000, Plaintiff Halie and Kimberly Duncan were involved in a two-car accident caused by Joel Cummings on the Carlisle Pike (U.S. 11 North) in Hampden Township, Cumberland County, Pennsylvania. 8. The accident occurred when Defendant Joel Cummings swerved into the right lane in an attempt to pass the vehicle in front of him in the left lane and crashed into the rear of adult Plaintiffs vehicle pushing her vehicle into the rear of a third vehicle, which then was pushed into the rear of the fourth vehicle. 9. Following the collision between the vehicles, Joel Cummings fled the scene of the accident, failed to stop for steady red lights and eventually was apprehended by the Silver Spring Township Police. 10. Joel Cummings was visibly intoxicated when he was apprehended and was placed under arrest and charged with numerous offenses, including driving while under the influence of alcohol, accidents involving death or personal injury, violation of traffic control signals and other offenses. 11. Following his arrest, Joel Cummings was administered a breath alcohol test with a result of a 0.162% blood alcohol content. 12. On February 20, 2001, Joel Cummings, with representation by counsel, pled guilty to driving under the influence of alcohol and accidents involving death or personal injury and was subsequently sentenced for these offenses on April 3, 2001. 13. On April 24, 2001, Plaintiffs filed a Civil Complaint against Joel Cummings which is pending in the Court of Common Pleas of Cumberland County at Civil Action - Law, Docket No. 2001-2398. Document #: 219712.1 -2- 14. On September 11, 2001, Plaintiffs' counsel took the telephone deposition of Joel Cummings, in the presence of his counsel, to, in part, verify his identity and to investigate the issues of his alcohol consumption and intoxication. 15. During the aforesaid deposition, Joel Cummings testified that he was consuming alcohol at a bar located on the Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania on the date of the accident but didn't remember the name of the bar. 16. On October 22, 2001, in Cummings' Response to Plaintiffs' Second Set of Interrogatories, Cummings further specified that he was consuming alcohol at Defendant establishment ("Johnny K's") located at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania on August 19, 2000. 17. During the aforesaid deposition, Joel Cummings testified that he was consuming alcohol from approximately 3:00 p.m. to 5:00 p.m. on the date of the accident on August 19, 2000. 18. During the aforesaid deposition, Joel Cummings testified that he had consumed on the date of the accident "one too many." 19. During the aforesaid deposition, Joel Cummings testified that he cut himself off because he was getting blurred vision. 20. Shortly after he left Johnny K's, Joel Cummings caused the aforesaid accident. Document #: 219712.1 -3- 20. COUNT I - NEGLIGENCE Plaintiff Halie Duncan v. Defendants Paragraphs 1 through 19 hereof are incorporated herein by reference as if fully set 21. At all relevant times hereto, the Defendants were in the business of furnishing liquor, malt and/or brewed beverages, and on information and belief were licensed to do so, to customers and clientele at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 22. The Defendants individually and/or acting through their employees, servants and/or agents, sold, furnished and/or gave the aforementioned liquor, malt and/or brewed beverages to Joel Cummings and/or permitted the aforesaid beverages to be sold, furnished or given to Joel Cummings while he was visibly intoxicated. 23. The Defendants acts in selling, furnishing and/or giving liquor, malt and/or brewed beverages to Joel Cummings while he was visibly intoxicated violates the Liquor Code including 47 P.S. §4-493(1) and §4-497 (hereinafter "Dram Shop Act") and constitutes negligence per se. 24. The Defendants acts in selling, furnishing and/or giving liquor, malt and/or brewed beverages to Joel Cummings also were negligent in that they should have known based on his condition that he should not be served with such alcohol and/or based on the knowledge that he would be operating a motor vehicle after leaving the establishment.' 25. As a direct and proximate result of the violations of the Dram Shop Act and/or the negligent acts of Defendants individually and/or acting through their employees, servants and/or Document #: 219712.1 -4- agents, acting within the scope of their authority, Plaintiff Halie Duncan suffered the following injuries and/or damages: (a) Personal injuries some of which are or may be pe,manent, which are or may be an aggravation and/or exacerbation of pre-existing conditions and which include, but are not limited to, the following: (1) Trauma and injury to her back; (2) Trauma and injury to her neck; (3) Trauma and injury to her ann; and (4) Trauma and injury to her head. (b) Past, present and future physical pain, mental pain, discomfort, inconvenience, distress, embarrassment and humiliation, present, past and future loss of her ability to enjoy the pleasure's of life and limitations in her pursuit of daily activities. WHEREFORE, Plaintiff Halie Duncan demands judgment in her favor and against the Defendants, either individually and/or jo. intly and severally, for the aforesaid damages, which exceed the limits for compulsory arbitration in Cumberland County and demands costs, interest and/or damages for delay against Defendants as allowed by law. COUNT II - NEGLIGENCE Plaintiff Kimberl¥ Duncan v. Defendants 26. Paragraphs 1 through 25 hereof are incorporated herein by reference as if fully set forth. 27. At all relevant times hereto, the Defendants were in the business of furnishing liquor, malt and/or brewed beverages, and on information and belief were licensed to do so, to customers and clientele at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. Document it: 219712.1 -5- 28. The Defendants individually and/or acting through their employees, servants and/or agents, sold, fumished and/or gave the aforementioned liquor, malt and/or brewed beverages to Joel Cummings and/or permitted the aforesaid beverages to be sold, furnished or given to Joel Cummings while he was visibly intoxicated. 29. The Defendants' acts in selling, furnishing and/or giving liquor, malt and/or brewed beverages to Joel Cummings while he was visibly intoxicated violates the Liquor Code including 47 P.S. §4-493(1) and §4-497 and constitutes negligent per se. 30. The Defendants acts in selling, furnishing and/or giving liquor, malt and/or brewed beverages to Joel Cummings also were negligent in that they should have known based on his condition that he should not be served with such alcohol; and/or based on the knowledge that he would be operating the motor vehicle after leaving the establishment. 31. As a direct and proximate result of the violations of the Dram Shop Act and/or the negligent acts of Defendants individually and/or acting through their employees, servants and/or agents, acting within the scope of their authority, Plaintiff Kimberly Duncan suffered the following injuries and/or damages: (a) Personal injuries some of which are or may be permanent, which are or may be an aggravation and/or exacerbation of pre-existing conditions which include, but are not limited to, the following: (1) Trauma and injury to her neck; (2) Trauma and injury to her back; (3) Trauma and injury to her left shoulder and arm; and (4) Trauma and injury to her head. (b) Medical bills and expenses for the diagnosis, treatment and care for her injuries and further bills and expenses in the future; Document #: 219712.1 -6- (c) (d) (e) (f) Medical bills and expenses for the diagnosis, treatment and care for her daughter Halie Duncan's injuries and further bills and expenses in the future; Loss of earnings, partial, total and/or permanent disability, impairment, loss of productivity and/or loss of earning capacity; Past, present and future physical pain, mental pain, discomfort, inconvenience, distress, embarrassment and humiliation, present, past and future loss of her ability to enjoy the pleasure's of life and limitations in her pursuit of daily activities; and Incidental costs associated with the injuries including the use of medical appliances and medications. WHEREFORE, Plaintiff Kimberly Duncan demands judgment in her favor and against the Defendants, either individually and/or jointly and severally, for the aforesaid damages, which exceed the limits for compulsory arbitration in Cumberland County and demands costs, interest, and/or damages for delay against Defendants as allowed by law. METZGER, WlCKERSHAM, KNAUSS & ERB, P.C. Clark DeVere, Esquire u ~D~ Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: November 14, 2001 Document #: 219712.1 -7- VERIFICATION I, Kimberly Duncan, hereby certify that the following is correct: The facts set forth in the foregoing Civil Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Civil Complaint is that of counsel and not my own. I have read the Civil Complaint, and to the extent that it is based upon information which I have given to counsel, it is tree and correct to the best of my knowledge, information, and belief. To the extent that the content of the Civil Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Civil Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsificationto authorities. Dated: 11/14/01 I~mb~rly Du~fcan Document #:219712.1 VERIFICATION I, Kimberly Duncan, as parent and natural guardian of minor Plaintiff Halie Duncan, hereby certify that the following is correct: The facts set forth in the foregoing Civil Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Civil Complaint is that of counsel and not my own. I have read the Civil Complaint, and to the extent that it is based upon information which I have given to counsel, it is tree and correct to the best of my knowledge, infmmation, and belief. To the extent that the content of the Civil Complaint is that of counsel, I have relied upon such counsel in making this Verification. ~I hereby acknowledge that the facts set forth in the aforesaid Civil Complaint .are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsificationto authorities. Dated: 11/14/01 t'//Cj4~U~q,-~. .~/'r~ ~imberly l~n~an, a~ paren~and natural guardian to l-Ialie Duncan Document #:219712.1 Z z ~ z © HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOHNNY K'S, INC., JOHN KRITIKOS, individually and ffd/b/a JOHNNY K'S, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6515 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: NOTICE TO DEFEND Johnny K's, Inc. and John Kritikos, individually and t/d/b/a Johnny K's c/o William p. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street P.O. Box 261 Carlisle, PA 17013-0261 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgrnent may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. Document (4:223335.1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Document #:223335.1 HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOHNNY K'S, INC., JOHN KRITIKOS, individually and t/d/b/a JOHNNY K'S, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6515 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDED CIVIL COMPLAINT 1. PlainfiffKimbcrly Duncan is an adult individual residing at 321 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff Kimberly Duncan is the mother and natural guardian of minor Plaintiff Halle Duncan, who resides with her and who is 16 years old, having been bom on December 9, 1985. 3. Minor Plaintiff Halie Duncan has selected Plaintiff Kimberly Duncan, as her mother and natural guardian, to represent her interests in this action. 4. Defendant Johnny K's, Inc. is a Pennsylvania corporation with a principal place of business at 6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. Defendant John Kritikos is an adult individual who resides, on information and belief, at 50 Hoover Road, Carlisle, Cumberland County, Pennsylvania 17013. 6. Defendant John Kritikos owns the property at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055 and trades and does business as Johnny K's. Document lt: 223335.1 7. On August 19, 2000, Plaintiff Halie and Kimbefly Duncan were involved in a two-car accident caused by Joel Cummings on the Carlisle Pike (U.S. 11 North) in Hampden Township, Cumberland County, Pennsylvania. 8. The accident occurred when Defendant Joel Cummings swerved into the right lane in an attempt to pass the vehicle in front of him in the left lane and crashed into the rear of adult Plaintiffs vehicle pushing her vehicle into the rear of a third vehicle, which then was pushed into the rear of the fourth vehicle. 9. Following the collision between the vehicles, Joel Cummings fled the scene of the accident, failed to stop for steady red lights and eventually was apprehended by the Silver Spring Township Police. 10. Joel Cummings was visibly intoxicated when he was apprehended and was placed under arrest and charged with numerous offenses, including driving while under the influence of alcohol, accidents involving death or personal injury, violation of traffic control signals and other offenses. 11. Following his arrest, Joel Cummings was administered a breath alcohol test with a result of a 0.162% blood alcohol content. 12. On February 20, 2001, Joel Cummings, with representation by counsel, pled guilty to driving under the influence of alcohol and accidents involving death or personal injury and was subsequently sentenced for these offenses on April 3, 2001. 13. On April 24, 2001, Plaintiffs flied a Civil Complaim against Joel Cummings which is pending in the Court of Common Pleas of Cumberland County at Civil Action - Law, Docket No. 2001-2398. Document #: 223333.1 -2- 14. On September 11,2001, Plaintiffs' counsel took the telephone deposition of Joel Cummings, in the presence of his counsel, to, in part, verify his identity and to investigate the issues of his alcohol consumption and intoxication. 15. During the aforesaid deposition, Joel Cummings testified that he was consuming alcohol at a bar located on the Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania on the date of the accident but didn't remember the name of the bar. 16. On October 22, 2001, in Cummings' Response to Plaintiffs' Second Set of Interrogatories, Cummings further specified that he was consuming alcohol at Defendant establishment ("Johnny K's") located at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania on August 19, 2000. 17. During the aforesaid deposition, Joel Cummings testified that he was consuming alcohol from approximately 3:00 p.m. to 5:00 p.m. on the date of the accident on August 19, 2000. 18. During the aforesaid deposition, Joel Cummings testified that he had consumed on the date of the accident "one too many." 19. During the aforesaid deposition, Joel Cummings testified that he cut himself off because he was getting blurred vision. 20. Shortly after he left Johnny K's, Joel Cummings caused the aforesaid accident. Document #.. 223335.1 -3- 21. COUNT I - NEGLIGENCE Plaintiff Halie Duncan v. Defendants Paragraphs 1 through 20 hereof are incorporated herein by reference as if fully set 22. At ail relevant times hereto, the Defendants were in the business of furnishing liquor, mait and/or brewed beverages, and on information and belief were licensed to do so, to customers and clientele at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 23. The Defendants individually and/or acting through their employees, servants and/or agents, sold, furnished and/or gave the aforementioned liquor, malt and/or brewed beverages to Joel Cummings and/or permitted the aforesaid beverages to be sold, furnished or given to Joel Cummings while he was visibly intoxicated. 24. . The Defendants acts in selling, furnishing and/or giving liquor, malt and/or brewed beverages to Joel Cummings while he was visibly intoxicated violates the Liquor Code including 47 P.S. §4-493(1) and §4-497 (hereinafter "Dram Shop Act") and constitutes negligence per se. 25. The Defendants acts in selling, furnishing and/or giving liquor, malt and/or brewed beverages to Joel Cummings also were negligent in that they should have known based on his condition that he should not be served with such aicohol and/or based on the knowledge that he would be operating a motor vehicle after leaving the establishment. 26. As a direct and proximate result of the violations of the Dram Shop Act and/or the negligent acts of Defendants individually and/or acting through their employees, servants and/or Document #: 223335.1 -4- agents, acting within the scope of their authority, Plaintiff Halie Duncan suffered the following injuries and/or damages: (b) (a) Personal injuries some of which are or may be permanent, which are or may be an aggravation and/or exacerbation of pre-existing conditions and which include, but are not limited to, the following: (1) Trauma and injury to her back; (2) Trauma and injury to her neck; (3) Trauma and injury to her ann; and (4) Trauma and injury to her head. Past, present and future physical pain, mental pain, discomfort, inconvenience, distress, embarrassment and humiliation, present, past and future loss of her ability to enjoy the pleasure's of life and limitations in her pursuit of daily activities. 27. The Defendants, on information and belief, served persons who were visibly intoxicated on prior occasions and received citations for doing go from the Pennsylvania Liquor Control Board. Despite receiving prior citations, the Defendants have again served a visibly intoxicated person, to wit Joel Cummings, resulting in injuries to Plaintiffs and others. Plaintiffs are entitled to punitive damages for the continued indifference and disregard of the law and safety of persons and for their willful, wanton and reckless conduct. WHEREFORE, Plaintiff Halie Duncan demands judgment in her favor and against the Defendants, either individually and/or jointly and severally, for the aforesaid damages, which exceed the limits for compulsory arbitration in Cumberland County and demands costs, interest, damages for delay and/or punitive damages against Defendants as allowed by law. Document ~.. 223335.1 -5- 28. COUNT II - NEGLIGENCE Plaintiff Kimberly Duncan v. Defendant~ Paragraphs 1 through 27 hereof are incorporated herein by reference as if fully set 29. At all relevant times hereto, the Defendants were in the business of furnishing liquor, malt and/or brewed beverages, and on information and belief were licensed to do so, to customers and clientele at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 30. The Defendants individually and/or acting through their employees, servants and/or agents, sold, furnished and/or gave the aforementioned liquor, malt and/or brewed beverages to Joel Cummings and/or permitted the aforesaid beverages to be sold, furnished or given to Joel Cummings while he was visibly intoxicated. 31. , The Defendants' acts in selling, furnishing and/or .giving liquor, malt and/or brewed beverages to Joel Cummings while he was visibly intoxicated violates the Liquor Code including 47 P.S. §4-493(1) and §4-497 and constitutes negligence per se. 32. The Defendants acts in selling, furnishing and/or giving liquor, malt and/or brewed beverages to Joel Cummings also were negligent in that they should have known based on his condition that he should not be served with such alcohol; and/or based on the knowledge that he would be operating the motor vehicle after leaving the establishment. 33. As a direct and proximate result of the violations of the Dram Shop Act and/or the negligent acts of Defendants individually and/or acting through their employees, servants and/or agents, acting within the scope of their authority, Plaintiff Kimberly Duncan suffered the following injuries and/or damages: Document #: 223335.1 -6- (a) Personal injuries some of which are or may be permanent, which are or may be an aggravation and/or exacerbation of pre-existing conditions which include, but are not limited to, the following: (1) Trauma and injury to her neck; (2) Trauma and injury to her back; (3) Trauma and injury to her left shoulder and arm; and (4) Trauma and injury to her head. (b) Medical bills and expenses for the diagnosis, treatment and care for her injuries and further bills and expenses in the future; (c) Medical bills and expenses for the diagnosis, treatment and care for her daughter Halie Duncan's injuries and further bills and expenses in the future; (d) Loss of earnings, partial, total and/or permanent disability, impairment, loss of productivity and/or loss of earning capacity; (e) Past, present and future physical pain, mental pain, discomfort, inconvenience, distress, embarrassment and humiliation, present, past and future loss of her ability to enjoy the pleasure's of life and limitations in her pursuit of dally activities; and (0 Incidental costs associated with the injuries including the use of medical appliances and medications. 34. The Defendants, on information and belief, served persons who were visibly intoxicated on prior occasions and received citations for doing so from the Pennsylvania Liquor Control Board. Despite receiving prior citations, the Defendants have again served a visibly intoxicated person, to wit Joel Cummings, resulting in injuries to Plaintiffs and others. Plaintiffs are entitled to punitive damages for the continued indifference and disregard of the law and safety of persons and for their willful, wanton and reckless conduct. WHEREFORE, Plaintiff Kimberly Duncan demands judgment in her favor and against the Defendants, either individually and/or jointly and severally, for the aforesaid damages, which -7- Document it: 223335.1 exceed the limits for compulsory arbitration in Cumberland County and demands costs, interest, damages for delay and/or punitive damages against Defendants as allowed by law. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: Document #: 223335.1 -8- VERIFICATION I, Kimbefly Duncan, hereby certify that the following is correct: The facts set forth in the foregoing Amended Civil Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Amended Civil Complaint is that of counsel and not my own. I have read the Amended Civil Complaint, and to the extent that it is based upon information which I have given to counsel, it is tree and correct to the best of my knowledge, information, and belief. To the extent that the content of the Amended Civil Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Amended Civil Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. I~imberly Duncan - - Document #:223355.1 VERIFICATION I, Kimberly Duncan, as parent and natural guardian of minor Plaintiff Halie Duncan, hereby certify that the following is correct: The facts set forth in the foregoing Amended Civil Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Amended Civil Complaim is that of counsel and not my own. I have read the Amended Civil Complaint, and to the extent that it is based upon infmmation which I have given to counsel, it is tme and correct to the best of my knowledge, information, and belief. To the extent that the content of the Amended Civil Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Amended Civil Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. ~imberly Dm/can, as parent and natural guardian to Halie Duncan Document #:223535.1 CERTIFICATE OF SERVICE AND NOW, I, Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs, hereby certify that I served the foregoing document this day by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Johnny K's, Inc. and John Kritikos, individually and t/dgo/a Johnny K's c/o William P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street P.O. Box 261 Carlisle, PA 17013-0261 Dated: January 2, 2002 Clark DeVere, Esquire Document #: 223716.1 WILLIAM P. DOUGLAS, ESQUIRE ATTY. I.D. # 37926 DOUGLAS, DOUGLAS & DOUGLAS 27 WEST I-~GH STREET P.O.B. 261 CARLISLE, PA 17013 TELEPHONE 717-243-1790 ATTORNEY FOR DEFENDANT HALIE DUNCAN, a minor, by : KIMBERLY DUNCAN, her : mother and natural guardian, : and KIMBERLY DUNCAN, : in her own right, : Plaintiffs : VS. JOHNNY K'S, INC., JOHN KRITIKOS, individually and t/d/b/a JOHNNY K'S, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-6515 CIVIL TERM JURY TRIAL DEMANDED ANSWER TO AMENDED CIVIL COMPLAINT AND NEW MATFER 2. 3. 4. 5. 6. 7. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Denied. After reasonable investigation, the defendant is without knowledge as to the truth of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. R.C.P. 1029(e). Denied. After reasonable investigation, the defendant is without knowledge as to the truth of the averments and strict proof.thereof 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. is demanded. Defendant denies the averments generally under Pa. R.C.P. 1029(e). Denied. After reasonable investigation, the defendant is without knowledge as to the truth of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. R.C.P. 1029(e). Denied. After reasonable investigation, the defendant is without knowledge as to the truth of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. R.C.P. 1029(e). Denied. After reasonable investigation, the defendant is without knowledge as to the truth of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. R.C.P. 1029(e). Denied. After reasonable investigation, the defendant is without knowledge as to the truth of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. R.C.?. 1029(e). Admitted. Admitted. Denied as stated. The deposition transcript speaks for itself. However, with respect to the truth or veracity of the content of the averments, after reasonable investigation, the defendant is unable to determine same and strict proof thereof is demanded. Denied as stated. The deposition transcript speaks for itself. However, with respect to the truth or veracity of the content of the averments, after reasonable investigation, the defendant is unable to determine same and strict proof thereof is demanded. Denied as stated. The deposition transcript speaks for itself. However, with respect to the truth or veracity of the content of the averments, after reasonable investigation, the defendant is unable to determine same and strict proof thereof is demanded. Denied as stated. The deposition transcript speaks for itself. However, with respect to the truth or veracity of the content of the averments, after reasonable investigation, the defendant is unable to determine same and strict proof thereof is demanded. Denied as stated. The deposition transcript speaks for itself. However, with respect to the truth or veracity of the content of the averments, after reasonable investigation, the defendant is unable to determine same and strict proof thereof is demanded. 20. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. R.C.P. 1029(e). COUNT I - NEGLIGENCE Plaintiff Halle Duncan v. Defendants 21. The responses to paragraphs 1 through 20 are incorporated herein and reference is made thereto. 22. Denied. Defendant Johnnie K's, Inc., was the licensee who was in the business in question. 23. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. R.C.P. 1029(e). 24. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. R.C.P. 1029(e). 25. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. R.C.P. 1029(e). 26. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. R.C.P. 1029(e). 27. Denied as stated. It is denied that plaintiff is entitled to punitive damages. It is specifically denied that plaintiff is entitled to any damages from the defendant, pursuant to Pa. R.C.P. 1029(e). WHEREFORE, it is prayed that the Plaintiff's Amended Complaint be dismissed. COUNT II - NEGLIGENCE Plaintiff Kimberly Duncan v. Defendants 28. The responses to paragraphs 1 through 27 are incorporated herein and reference is made thereto. 29. Denied. Defendant Johnnie K's, Inc., was the licensee who was in the business in question. 30. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. R.C.P. 1029(e). 31. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. R.C.P. 1029(e). 32. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. R.C.P. 1029(e). 33. Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. R.C.P. 1029(e). Denied. After reasonable investigation, the defendant is unable to determine the truth or veracity of the averments and strict proof thereof is demanded. Defendant denies the averments generally under Pa. R.C.P. 1029(e). WHEREFORE, it is prayed that the Plaintiff's Amended Complaint be dismissed. 35. NEW MATTER The defendant hereby pleads release as an affirmative defense. DOUGLAS, DOUGLAS & DOUGLAS Attorney for Defendant' - ~ - COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. VERIFICATION I verify that the statements made in the foregoing document are true and correct, to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date John Kritikos HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOHNNY K'S, INC., JOHN KRITIKOS, individually and t/d/b/a JOHNNY K'S, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6515 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PI.AINTIFI~g' REPI.V TO f}EI~ENI)ANTg~ NEW MATTER 35. Conclusion of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(¢). By way of further reply, Plaintiffs did not release any claims against Defendants. WHEREFORE, Plaintiffs demand that Defendants' New Matter be dismissed and that judgment be entered in their favor as requested in the Amended Complaint filed in this action. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: VERIFICATIf~N I, Kimberly Duncan, as parent and natural guardian of minor Plaintiff Halie Duncan, hereby certify that the following is correct: The facts set forth in the foregoing Plaintiff's Reply to Defendants' New Matter are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiff's Reply to Defendants' New Matter is that of counsel and not my own. I have read the Plaintiff's Reply to Defendants' New Matter, and to the extent that it is based upon information which I have given to counsel, it is tree and correct to the best of my knowledge, information, and belief. To the extent that the content of the Plaintiff's Reply to Defendants' New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Plaintiff's Reply to Defendants' New Matter are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: 3/28/02 · berly D~acarg as parent and natural guardian to FIalie Duncan Document #:23010§. 1 VFRIFICATION I, Kimberly Duncan, hereby certify that the following is correct: The facts set forth in the foregoing Plaintiff's Reply to Defendants' New Matter are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiff's Reply to Defendants' New Matter is that of counsel and not my own. I have read the Plaintiff's Reply to Defendants' New Matter, and to the extent that it is based upon information which I have given to counsel, it is tree and correct to the best of my knowledge, information, and belief. To the extent that the content of the Plaintiff's Reply to Defendants' New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Plaintiff's Reply to Defendants' New M~tter are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dmed: 3/28/02 Klmbe~ly Du~an Document #:230105. I AND NOW, I, Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs, hereby certify that I served the foregoing Plaintiffs' Reply to Defendants' New Matter this day by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Johnny K's, Inc. and John Kritikos, individually and t/d/b/a Johnny K's c/o William P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street P.O. Box 261 Carlisle, PA 17013-0261 Clark DeVere, Esquire Document #:230105.1 DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 Halie Duncan, a ~; ..................... Cy Kimberly: ...................................... ~ .................................................................................................................................................................. In the Court of Common Pleas of Duncan, her mother and natural Cumberland County Pennsylvania i guardian, and Kimberly Duncan, in i her own right Plaintiffs VS No. 01- 6515 Civil Term i Johnny K's, Inc. et al. Clvll Action Law } Compulsory Arbitration Defendant i ................................ ~ie '~"~"~8~'"~"~1~ ~, her ~ef a~d~r~ Cumb~l~d Co~ me,sylvia ~U~alan; ~a ~veny mnc~, ~ her own fight Pl~nfiffs No. 01- 2398 Civil Term VS i Joel Cummings ~ Civil Action Law ~i Compulsory Arbitration Defendant Defendants' Johnny K's, Inc., and John Kritikos, Reply iii Opposition to Plaintiff's Motion to Consolidate © 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation the defendant is unable to determine the truth of the allegation and proof thereof is demanded. The allegations(s) of visibly intoxicated is specifically denied by defendants. 5. Denied. After reasonable investigation the defendant is unable to determine the truth of the allegation and proof thereof is demanded. 6. Denied. After reasonable investigation the defendant is unable to determine the truth of the allegation and proof thereof is demanded. 7. Denied. After reasonable investigation the defendant is unable to determine the truth of the allegation and proof thereof is demanded 8. Denied as stated. The deposition speaks for itself. 9. Admitted. 10. Admitted. 11. Denied as stated. The complaint speaks for itself. 12. Denied as stated. The complaint speaks for itself. 13. Admitted. 14. Admitted. 15. DENIED. These are two very separate and distinct causes of action involving different parties, different fact and facts that may be relevant in one case are clearly inadmissible in the other. 16. Denied. The defendants Johnny K's and John Kritikos have no objection to the matter being consolidated for the purposes of discovery only which will save the plaintiffs duplicative expense. However, the afo~:esai~l defendants strongly oppose this matter being consolidated for purposes of trial. It is the understanding of the Johnny K defendants that Joel Cunningham has admitted to the causing of the accident and admitted being intoxicated at the time and rear-ending the plaintiffs therefore all the witnesses, i.e. the police officers and toxicologist, will not have to be called in the case of Joel Cunningham. It is also the understanding of the Johnny K defendants, that Joel Cunningham has only $15,000.00 in liability insurance and is judgment proof, so in all likelihood, there will be no Joel Cunningham trial. As for medical witnesses, it is assumed they will be presented via videotape and the same tape may be used in both trials. It is defendants' position that the true purpose of the attempted consolidation is to bootstrap evidentiary issues and a potentially large verdict involving an intoxicated driver against the innocent Johnny K defendants. The bottom line is if these cases are not consolidated there won't be two trials. 17. Denied. The defendants cannot be held jointly and severely liable in this matter as there is no way possible for the jury to compare the relative degrees of fault without speculation. This matter being similar to a medical malpractice action/automobile accident type situation which are never consolidated. 18. Admitted. Wherefore, Defendants Johnny K's, Inc. and and John Kritikos respectfully request that this Court consolidate these cases for the purpose of discovery only and not consolidate these cases for purposes of trial. August 30, 2002 · Respectfull~Subr~itted, William P. Dougla~ Esq. Attorney for Johnny K/Kritikos HALLE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, PLAINTIFFS JOEL CUMMINGS, DEFENDANT IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · 01-2398 CIVIL TERM HALLE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHNNY K'S INC., JOHN KRITIKOS, individually and t/d/b/a JOHNNY K'S, DEFENDANTS AND NOW, this ORDER OF COURT ~ day of September, 2002, following a review of plaintiffs' motion for consolidation of the above-captioned cases, and the objection of defendants, Johnny K's Inc., John Kritikos, individually and t/d/b/a Johnny K's, to consolidation for purposes of trial, the Rule to show cause entered on August 20, 2002, is made absolute· The suits at No. 01-2398 and 01-6515, ARE CONSOLIDATED? By the Edgar B. q.b-o See Terwilliger v. Kitchen, et al., 781 A.2d 1201 (Pa. Super· 20 A ~Folark DeVere, Esquire r Plaintiffs /'"William P. Douglas, Esquire For Johnny K's, Inc. and John Kritikos, individually and t/d/b/a Johnny K's Andrew Lehman, Esquire For Joel Cummings :saa HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOEL CUMMINGS, Defendant HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOHNNY K' S, INC., JOHN KRITIKOS, individually and t/d/b/a JOHNNY K'S, Defendants IN THE CO'URT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01,2398 CIVIL ACTION - LAW JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-651.5 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR APPROVAL OF MINOR PLAINTIFF'S COMPROMISE SETTLEMENT Pursuant to Pa.R.C.P. No. 2039, Kimberly Duncan, as parent and natural guardian of Halie Duncan, files this Petition for Court Approval of Minor Plaintiff's Compromise Settlement and in support thereof avers the following: 1. Petitioner, Kimberly Duncan, is an adult individual residing at 321 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Petitioner, Kimberly Duncan, is the parent and natural guardian of minor Plaintiff, Halle Duncan, who resides with Petitioner, Kimberly Duncart, and who is 17 years old, having been bom on December 9, 1985. -1- Document #263049 3. Minor Plaintiff, Halie Duncan, has selected Petitioner, Kimberly Duncan, as her parent and natural guardian, to represent her interest in this Petition. 4. Defendant, Joel Cummings, is an adult individual who resides, on information and belief, at 12 Valley Street, Duncannon, Perry County, Pennsylvania. 5. Defendant, Johnny K's., Inc., is a Pennsylvania corporation with a former place of business at 6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 6. Defendant, John Kritikos, is an adult individual who resides, on information and belief, at 50 Hoover Road, Carlisle, Cumberland County, Pennsylvania, 17013. 7. Defendant, John Kfitikos, formerly owned the property at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055, and formerly did business as Johnny K's. 8. multi-car On August 19, 2000, Plaintiffs, Halie and Kimberly Duncan, were involved in a accident caused by Joel Cummings on the Carlisle Pike, in Hampden Township, Cumberland County, Pennsylvania. 9. The accident occurred when Defendant, Joel Cummings, swerved into the right lane in an attempt to pass the vehicle in front of him in the left lane and crashed into the rear of adult Plaintiff's vehicle pushing her vehicle into the rear of a third vehicle, which was then pushed into the rear of the fourth vehicle. A tree and correct copy of the police accident report is attached hereto as Exhibit "A" and incorporated herein by reference. 10. On April 24, 2001, Plaintiffs commenced the above captioned action against Joel Cummings by filing a Civil Complaim which was docketed at Cumberland County Action No. 01-2398. Document #263049 -2- 11. Plaintiffs allege that their injuries were caused by the negligence of Defendant, Joel Cummings, including driving while under the influence, a violation of 75 Pa. C.S.A. Section 3731 and applicable law. 12. On February 20, 2001, Joel Cummings, with representation by counsel, pled guilty to driving under the influence and accidents involving deaths or personal injury and was subsequently sentenced for these offenses on April 3, 2001. 13. After the aforesaid Complaint was filed, Plaintiffs conducted discovery, including the deposition of Defendant, Joel Cummings. He testified that he was consuming alcohol in a bar which was later identified to be Johnny K's located at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, from approximately 3:00 o'clock p.m. to 5:00 o'clock p.m. on the date of the accident on August 19, 2000. 14. In addition, during the aforesaid deposition, Defendant, Joel Cummings, testified that he consumed three beers at the establishment and that he had not had any alcohol in three months. He further testified that he had cut himself off from drinking because he felt that he had had one too many and because he felt that his vision was starting to become blurred. Shortly after he left Johnny K's, Joel Cummings caused the aforesaid accident. 15. On November 16, 2001, Plaintiffs commenced a separate civil action by filing a Civil Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, against Johnny K's, Inc., and John Kritikos, individually and t/d/b/a Johnny K's, docketed at No. 01-6515. 16. An Amended Complaint was filed against Johnny K's, Inc., and John Kritikos, individually and t/d/b/a Johnny K's, on January 3, 2002, alleging that the Defendants violated the Document #263049 -3- Liquor Code including 47 P.S. Section 4-493(1), and Section 4-497(1), and Section 4-497, by selling, furnishing, and/or giving liquor, malts, and/or brewed beverages to Defendant, Joel Cummings, while he was visibly intoxicated. 17. On August 15, 2002, Plaintiffs filed a Motion for Consolidation for the purpose of discovery and trial on the basis that both actions have the same set of facts and arise from the Plaintiffs' accident on August 19, 200, and that consolidation of the cases would avoid duplication of expense, both in additional discovery and trial, to the benefit of the parties and the Court and that Plaintiffs wanted to assert their right to claim joint and several liability against both sets of Defendants at trial. 18. Counsel for Defendant, Joel Cummings, agreed to stipulate to the consolidation; counsel for Defendants, Johnny K's, Inc., and John Kritikos, individually and t/d/b/a Johnny K's, declined to stipulate to consolidation. 19. On September 5, 2002, the Honorable Edgar B. Bayley consolidated the two cases for purposes of trial. 20. As a result of the aforesaid accident, minor Plaintiff, Halie Duncan, suffered trauma injury to her back, neck, arm, and head. Halie treated at Holy Spirit Emergency Room on August 19, 2000. She was diagnosed with musculoskeletal back pain and was discharged home with head injury precautions. Halie treated with her family doctor, Karen Campbell, M.D. at the Mechanicsburg Family Practice Center on August 24, 2000. Dr. Campbell diagnosed Halie with a cervical and thoracic strain secondary to motor vehicle accident. Halie has not treated since and has recovered. A tree and correct copy of her treatment records are attached hereto as Exhibit "B" and incorporated herein by reference. Document #263049 21. Minor Plaintiff, Halie Duncan's medical bills in the amount of $323.25 have been processed for payment under Petitioner's automobile policy with Erie Insurance and there are no outstanding medical bills to her knowledge. 22. Minor Plaintiff, Halie Duncan, was not employed at the time of the accident and there is no wage loss claim in her name at this time. 23. Defendant, Joel Cummings' liability insurer has agreed to pay Two Thousand Five Hundred and 00/100 ($2,500.00) Dollars in full and final settlement of minor Plaintiff, Halie Duncan's claims against both Defendants. A tree and correct copy of the offer letter from Progressive's attorney, Andrew Lehman, is attached hereto as Exhibit "C" and incorporated herein by reference. 24. Petitioner believes .that the acceptance of the offer in settlement of the liability claim against Defendants would be fair and in the best interest of the minor Plaintiff, Halie Duncan because of her limited injuries and treatment. 25. Counsel was retained by the Petitioner to represent the minor Plaintiff on a contingency basis of twenty-five (25%) percent, which fee is fair and reasonable for the time and effort expended on behalf of the minor Plaintiff, Halie Duncan. A copy of the Fee Agreement is attached hereto as Exhibit "D" and incorporated herein by reference. Counsel has also incurred the following expenses on behalf of the minor Plaintiff: Medical records, Fast Photocopy. Postage. Long distance phone calls. Court related expenses. TOTAL. $ 66.24 10.11 5.56 9.00 $ 90.91 Document/4263049 -5- 26. Petitioner respectfully requests that this Honorable Court approve the compromise settlement of this claim in the gross amount of Two Thousand Five Hundred and 00/100 ($2,500.00) Dollars, which Petitioner will receive directly for the benefit of the minor. 27. On approval, the Petitioner will sign the Settlement Agreement and Release, a copy of which is attached hereto as Exhibit "E" and incorporated herein by reference. 28. Upon approval of the minor compromise settlement, the Petitioner also desires to discontinue the action filed against Joel Cummings and Johnny K's, Inc., John Kritikos, individually and t/d/b/a Johnny K's, upon receipt of the $2,500.00 to be paid on behalf of Defendants. 29. All Defendants concur with the filing of the Petition and also seek approval of the · minor compromise settlement under the terms set forth above. WHEREFORE, the Petitioner respectfully requests that this Honorable Court approve of the minor Plaintiff's compromise settlement and enter an Order distributing the funds as follows: (a) To be paid to Kimberly Duncan, who is appointed guardian of Halie Duncan for the purposes of this Petition, the sum of $1,784.09 for the immediate benefit of Halie Duncan; (b) To be paid to Metzger, Wickersham, P.C., for counsel fees, the sum of $625.00; and (c) To be paid to Metzger, Wickersham, P.C., :['or expenses, the sum of $90.91. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: ~g-,,2 6 ' 03 Document #263049 By: Clark De'V~ere,-~squire Attorney I.D. No. 68768 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs -6- COMMONWEALTH OF PENNSYLVANIA · POUCE ACCIDENT REPORT ~., REFERTO O~R~Y SHE~S REPORTABLE ~ NON- REPORTABLE~ ' ~ PENN~T USE ONLY 1. INCIDENT * -' ' 2. AGENCY -- ~ ~~~~ CODE 2.8TATIO N/ 4. PATROL PRECINCT ZONE ~ PRINCIPAL ROADWAY INFORMATION 6. APPROVED BY BADGE 23. SPEED [24.)~PE ~ ~ ~ACCE~ uu. l coNT o ~.,~EST,~*T,O~ , ~ ~. DATE % ~ I q --~ TIME ) ~ o I INTERSECTING ROAD: CIDEN~I~.O~TI~ 2s. RO~E NO. OR ~ ,, ~ ,-~.,~ ........... ~ ....... ,,~, ..... . ~, ~~,,~,~ .... STRE~ NAME - 9. ACCIDE~ 10. DAY OF WEEK 27. SPEED ~ ~28)~PE ~(~.)ACCESS DATE ~-- J ~ -- ~ 5~~ LIM~mv HIGHWAY}~CO~ROL'-- 11. TIME OF DAY i ~ ~ 12. NUMBER OF UN~S ~ IF NOT A T INTERSECTION: 13. ' K~ED ~4.~ INJURED 15. PR~. PROP. 30. C~SS STREEI OR 16. DID VEHICLE HAVE TO BE 17. VEHICLE DAMAGE al. DIRECTION ~ I 32. DiSTANCE REMOVED FRO" THE SCENE? 0- NONE UNmT 1 ~ FROU StaTE N S FROM S=E UN~ 1 UN~ 2 1- LIG~ ~. DISTANCE ~AS ~ ~ ~ ~ 2- MODE~TE ~ M~SURED ~ ESTIMATED 18. H~RDOUS ~ ~ lg. PENN~T ~ ~ --ZONE v CO~ROL 36. LEGALLY ~ 37. REg. I 'P~ 39. PA TgLE OR 39. PA TgLE OR ' OUT-OF-STATE VmN d ~ q ~ ~ S W O~-OF-STATE,,N W ( ~ ~O ~ 40. OWNER ~ O~L ~,~ )~ 40. O~ER 41. OWNER 41. OWNER 42. C~, STATE ~ 42. C~, STATE - ~ . _ ~ BODY 4i.~PECIAL ]49')VEHICLE ~7) BODY 48 ~PECIAL ~49)VEHICLE [~)IN"IAL 'MPACT~ ~I~VEHICtE ~52) T~L ~IN~IAL IMPACT ~I~VEHICLE ~L ~OWNERSHIP ~PO'~ } ~STATUS ~ ~ ~POI~ / ~STATUS ~ ~SPF~R ~ [~JVEHIC L E ~DRIVER :~J DRIVER ~ [~HIC~ ~DRIVER :~) DRIVER 56. DRIVER · 58. D~R 5g. DR~R 59. DREER 60. C~, STATE ~. C~, ~ATE ~ ' Sl.S~y I ~162- DATE OF ~ ~O~9 63. PHONE. ~61.S~ 62. DATEOF ~ ~ t ~63~PNO~ ~. COMM. Vfi~. 105. DR~fi~ ~. C~M. VfiH. ~05. DRIVER ~ Y~ N m C~SS C Y~ N ~ C~SS C ~~ 67, CARRIER 67. CA~IER . 68. CARRIER 68. CA~IER ADDRESS % ADD~ 69. C~, STATE m 69. c~, STATE & ZIPCODE & ZIPCODE 70. USDOT ~ ~ lOC ~ PUC ~ ~ 70. US~T ~ ICC ~ PUC ~ 72. ~H. 3JcA.=o 74. CONFIG. ~ODY ~PE --CONFIG. BODY ~E 75. NO. OF ~6)H~ ARDOUS 77. REL~SE OF H~MAT 75. NO. OF / (~)H~ ARGUS 77. REL~SE OF H~MAT ~LES --MATERIALS Y ~ N ~ UNK~ ~LES ~MA~RIALS Y ~ N ~ UNK~ .~-45 (7/9m 3273021 P^G : f P.,,.OOT-B.STE t78. RESPONDING EMS AGENCY dO 3 ~'80.~EOPLE INFORMATION j'-A" B C D E F G NAME IINCIDENT #: ( '"7 ACCIDENT DATE..' ~"'- 84. PENNSYLVANIA SCHOOL DISTRICT (IF APPLICABLE) 85. DESCRIPTION OF DAMAGED PROPERTY OWNER ADDRESS ADDRESS <bPC-~ VI - oPerZ- vq DIAGRAM H I J K PHONE ~U-"I~ '~t,~ ~[~(.~ ~:~ '87. NARRATIVE - IDENTIFY PRECIPITATING EVENTS, CAUSATION FACTORS, SEQUENCE OF EVENTS, WITNESS STATEMENTS, JD PROVIDE ADDITIONAL DETAILS. LIKE INSURANCE INFORMATION AND LOCATION OF TOWED VEHICLES, IF KNOWN. S~F_C-~ °F' INS~R~C[ COBP[Y INFORMATION J I INFOR~TION J ~[~1~ 1~ ~. ~ , UNIT I POLICY .... ~__ . ~ME ~ , ADDRE~ W~NE~ES I NAME ~ ~ ~UM~1~ tF C~GED) TC NTC >l ] ~.INVESTIGATION SE AA 45 (7/98) 327.3.021 PAGE: -~/ I,,~ I · '" ~ COMMONWEALTH OF PENNSYLVANIA · POLICE ACClDENT REPORT REFER TO OVERLAY SHEETS REPORTABLE X'~ NON-RE~ORTABLE[~ PENN 1. INCIDENT ........ ; ........... ' ..... ;. ,~.,,,., ..~. ,,%~,~,~:~;.~:?,~,~.~,,~ACCIDE~ LOCATION, 2. AGENCY ~ ~ ~ D 3. STAT ON/ ~ ~ . 4. PATROL PRECINCT. -.-. ZONE - ~ PRINCIPAL ROADWAYINFORMATION STRE~ NAME 6. APPROVED BY BADGE 23. SPEED ~s~cc~ss NUMBER LIM~ ~. ~NVEST~O~T~O~~ ".~RR~V~L I~"~HW~Y ~ I~ COmROL DATE ~-- 19 --~ ~ T~E I ~ O I INTERSECTING ROAD: :~: ~.,~,:~ ,~;~% ~ ..... , . . ~ ~ : 26. RO~E NO. OR .......... , ............... ', ~,~,-,. ...... ~-, ~~s-~ STREET ~ME 9. ACCIDENT 10. DA~ OF WEEK 27. SPEED ~28~PE ~.)ACCESS 11. TIME OF DAY [ ~G 12. NUMBER OF UN~S ~ IF NOT A T INTERSECTION: 13. g KIII fn ~4.~ INJURED 15. PRIV. PROP. 30. CROSS STREET 16. DID VEHICLE HAVE TO BE 17. VEHICLE DAMAGE 31. DIRECTION ~ 32. DISTANCE ~t UN~XZ UN~X ~ 1-LIG~I ' I 33. DISTICH WAS MI. 3-SE~RE UN~ ~CONSTRUCTION ~T~FFIC PRINCIPAL INTERSECTING 3..PARKED ? ~ILEGALLY Y "J 37. P~TEREG. ~bO~ ~ ¢7~ aa. sTATEFA 36. PA~D?LEGALLY~ 37. p~TErE~. ~OGqfi *a~TE 39. PA T~LE OR -- 39. PA T~LE OR 41. OWNER Z13~ ~~ ~y ~ 41. OWNER ADDRE~ ~DRESS ~ ~~M~ ~! 42. Cl~, STATE. &ZIPCODE ~~~t ~ ~0~ 42. C~,81~lfi m 45. MOOEL-(NOT ~ 46.,~.~ N~ UNK~ ~47~BODY 48.>PECIAL ~49~VEHICLE ~7~BODY 4~.~PECI~ 49~VEH~LE 'N~IAL IMPACT¢ ~)VEHICLE ~IgVEL ~)INITIAL IMPAC'~ ~I)~HICLE 52) T~L POI~ ~ STATUS O ED OO vpol~ ~ STATUS O ~SPEED (~VEHICLE ~¢DRIVER :~; DRIVER (~VEHICLE ( ~)DRI~R L~) DRIVER 58. DR~ER 59. DR~ER ' ADDRESS '~ ~~ ~ 59. DRNER 60. C~,STATE ~5~) ~ (~Oiq :60. C~,STATE · z,.coo .z,.cooe IWot 61.S~. , 162. DATEOF ~ ____ 07. CARRIER Y~ "~ [ ~, ~ ~ ~ 67. CA~IER 68. CARRIER ADDRESS 68. CARRIER 69. C~, STATE ADDRESS & ZIPGODE 69. C~, STATE & ZlPCODE 70. USDOT ~ ~ICC ~ =UC ~ 70. USDOT~ 1CC ~ PUC~ ~2)VEH. ~ ~CONFIG. ~ODY ~PE ~CONFIG. ~oDy ~PE 75. ~LEsNO' OF ~MATERIALS~6) HAZ A~US 77. RFIy EASE~ NOF~H~MATuNK~ 75. ~NO' F~OF ~' {76)~ ARDOUS 77. RELISH OF H~MAT AA-45 (7/98) ___ ~ ~TERIALS Y ~ N ~ UNK~ 3273022 PAGE: PennDOT - BHSTE _79. MEDICAL FACILITY leZE.°PL% '"F R"A20 78. RESPONDING EMS AGENCY G NAME ROAD SURF^CE ~--I ADDRESS 86. DIAGRAM INCIDENT#: ('"70 ACCIDENT DATE,: H I J K 84. PENNSYLVANIA SCHOOL DISTRICT (IF APPLICABLE) 85. DESCRIPTION OF DAMAGED PROPERTY OWNER ADDRESS PHONE 87. NARRATIVE - IDENTIFY PRECIPITATING EVENTS L M , CAUSATION FACTORS, SEQUENCE OF EVENTS, WITNESS STATEMENTS, AND PROVIDE ADDITIONAL DETAILS: LIKE INSURANCE INFORMATION AND LOCATION OF TOWED VEHICLES, IF KNOWN. NSURANCE COMPANY_ '"" ^ ---- J ~ INSURANCE COMPANY,-, . __ I 'NFO'"'M^T'ON lUN,TPOLICY ~['~ ~m ~[~ ~ ~ ~ ' ['~'1 --- ' N FO"MATION : , ~S r~ l -- /~ ~ 'T~ ~ . UNIT POLICY I- I u.AME . -- __- . ADDRESS I ' ~. PHONE I wr,~SES [~A,.-~b2z'c'~ e~e5, tz'"r~ ~~^ ,,~,~, O.,,.:;:~,e,..), ~3" OS'~o% (SS-C.)~C,,./-~'7~'2_ AA--45 (7/98) VIOLATIONS INDICA-"~ ~ NUMBERS (~ TC NTC RESULTS [~NO TEST [~REFUSE O O. _% UNK 3273022 USE PAGE'.: L~ PennDOT - BHSTE ,',~~~ COMMONWEALTH OF PENNSYLVANIA PAR CONTINUA TION SHEET REFER To OVERLAY S,E~S "EPORTABLE ~ NO"-.~PORTAB,E [] I~IDE~ · ~ - ' ACClD- - ~82~ERSON INFORMATION - USE OVERLY ~ 2 SHE~ FOR CO~S c ~ ~-- I C~E B ~ C D E F G NAME . ADDRESS PENNDOT USE ONLY IMUNICIPAL CODE I o'~,~ H I J K L M ~.~.~J 89. DESCRIBE VIOLATION; ,x-:..~:;-:,,:;~.~: t 90. SECTION NUMBERS (ONLY IF CHAI~GED )' ' UNIT 1 I ' u.,~ L B ~.~-":;{{!¢~:;:~.~91.'~ROBABLE ~PE ESULTS [--I REFUSE~ E /h TEST ........ ' .... U NO TEST [~i~°ROBABLE ~'~..")TYPE ~.~:~ESULTS j---] NO TEST J 94.1NVESTIGATION SE ST I0. % [--] ~'~i~':'~ US / r'-'] REFUSE J COMPLETE ? ~ UN~lUN~l t I°' %-~ U"~I~ES~NOm AA-45C PAGE: .~ -- CENTER FOR HIGHWAY SAFETY CERTIFICATION The copies of records for which this certification is made are true and complete reproductions of the original or microfilmed medical records which are in the offices of the Holy Spirit Health System. The original records were made in the regular course of business at or near the time of the matter recorded. The certification is given pursuant to 42 Pa.C.S. Ch. 61 Subch. E (relating to medical records) by the custodian of the records in lieu of his or her personal appearance. Patient: SSN: DOB: Dated: ~' ~'1 '"~ Halie Duncan 166-68-4040 12/09/85 Medical Record No.: Number of eag~q~ . J of Holy Spirit Health System Subsq~J~_e~_. and ~vorn to before me day of~~L,~000. My commission expires on: Notarial Seal 'l'i · ~helle L. 8touffer, Notm7 Public I ~,1 Bom, Cumberland County I . -~slon Expires Dec. _, ....... 1i, 2000_] Document #: 185090.1 · -.) I:~LG DATLr OE;/Jg/O0 ~0'.?,6 Pier Ibb~OlO0 HIR#: ~017~3 ~ ~; 166 68~4040 /HE CHAN I C~IdURG IF'Al 17055 ~'H~ 7 ] 7 -697--3333 14 SEX: I- I15: S NACL: I OEO: OCCUF'A]ION: UN[/blUDLNI / / / LH[-I~GLNCY CONIAC1 INFORMAl ION m?UNCAN 321 H(J&EStDWN NOAD /HLCtlANILbiJLJf~G /t"A/1,?055 !-'1| It: N~I.: ' GL ~11Nu ~)~: tO00t~ LD LDIII'LAINT~ NECK AND DA(.K PAIN AMB U}~I ]N DY: ~ L)MNLN I · t,~E.L, l 0 P I: IdONK I'1-1 / / F'II Ub:] IN UY: AMId ACCIDRNI INI UI~HA'I10N )If/trill : 08/19/00 1'2'l~ ACC [ND: A dO~ RE'LAFEO: N DLSC[~]Pt ]ON: HVA PASbENGLN-FRON1 5LAI-I,'LSI NA]NLD LOCAI ! ON: ~APIIL :' "IL)I)I~L %'.,: PIPL OYL R :' :LA)RI 'P,: IH',IJI:ANCE CO t, UDSCFt I DEN AUIO IN'.~UIiANt'E l/g GUA~ANIOt~ INFORMAl ION CUIN] ~FRANCIS P1 F~EL lO BUAN,' D 55 #: OVERNIGHT [NUCKING CONIACI NAHL~ INSURANCE 1NFOf~MA]ION Y N g VLW~(s'040 O Y y BLUL LJLLL f'A t NSU~. AbDT{L~5: 4 I NSUI.(. Abl.)T.,:L E.,b: )H,"$[I'IIL,: I HO MllC}l lAM t'IiAC, TICE. GROUP # F'~{ECLR'I PHONE tt ) -.':I:~LNI NAML: DUNCAN ~I4~LIL d ~. DALE:_ NNt) OI DOOUMk_NI ~ CONSENT TO MEDICAl.. TREATMENT I HEREBY CONSENT AND AUTHORIZE I'loN Spent Hospital, its agents, and employees, to the rendering of medial c~re, whmh m~y include routine diagnostic procedures and such medmal treatment as my attending or consu~ng physician considers to be necessary ! also under- stand ~t ,s customary, absent emergency or extraordinary clmumstances, that no substanba[ procedures w~ll be performed upon me unless or until I have had an opportunity to d~scuss them w~th a physcmn or other health care professional to my satisfaction If I am a competent adult, I have the r~ght lo consent or refuse to consent I understand that the practice of medicine and surgery ts not an exact science and that d,agno- sIs and treatment may ~nvolve risks of inlury or even death and acknowledge that no guarantee has been made to me as to the resuits of any examlnahon or treatment m th,s HOSl~tal I understand many ol the physicians on the staff of Holy Spent Hosp~aJ are not employees or agents of the Hospital, but rather are independent contractors who have been granted the pnvdege of using Ihese facll~tms for the care and treatment of their patients Further, i reakze th~s Hosp~lal ~s a teacl~ng Hospital ~nd at Ihe Hospital are hea;~th cam personnel tn trmn,ng who, unless expressly requested othen~se, may paraapate or may be present dunng my care as part of their education St,II or motron pmtures and closed circuit rnomtoring of patmnt cam may also be used for educational purposes, unless I expressly request otherwise I understand that ,n order to ensure a safe enwronment for pat,ants, ws~tors and staff all property on the premises o1' Holy Sp~r~Hosp~tal ~s subject to reasonable seamh and/or seizure at any bme without turther nobce ImUats ~ ./~ RELEASE OF MEDICAL INFORMATION I authorize Holy Spent Hospital to release to requesting health insurance carner(s), their representatives and auditors, and any referring health care providers, such d~agnoshc and therapeutic mformabon (including any mformabon retst]ng to treatment for alcohol and substance a~Jse and/or treatment of Osych~atnc disorders, and/or confldenbal Htr related information, as may be necessary for them to determine benefit enb- t~ement, to process payment claims for health care services prowded during thru hosp~tahzatmn/treatment ep4sode, and for conbnumg care/treatment A photocopy or carbon copy of th~s author~zabon shall be considered as effective and val~ as the original The undersigned also authorizes Medicare, when apphcal3ie, to release to another ~nsurance carner, upon their request, medical informaUon needed'to make payment upon that cia~rn I understan~ and consent that the manufacturer of any ~mplantable device inserteci by my phys~an dunng the course of my surg~Jpmcedure may be prowded w~th my ~dent~flcat~on information, including social security number, as mandated by Federal Law Im~ats ~ ~' INSURANCE ASSIGNMENT OF BENERT$ I authorize payment al,racily to Holy Sprat Hospital and my treating physicians of all benefits payable under my rnsurance pohc~es I am respons;ble to the Hospital and physm~ans for all charges not covered by this assrgnment InR~als STATEMENTTO PERMIT PAYMENT OF MEDICARE BENEFITS TO PROVIDERS, PHYSICIANS AND PATIENT I request payment of Authorized Medtcwe benefits to me or on my behalf ~or any services furmshed me by or tn Holy Sprat Hospdal ~ncludmg physician serwces I aulflor~ze any holder of medmal and other informatm~ about me, to release to Medicare and its agencies any informaUon needed to deterrmne these benefits for related servmes Imt~a~s MEDICAL ASSISTANCE RECIPIENT My signatures certifies that I received a service or ~tems from HoJy Spent HospitaJ and Dr on the date hated below I understand that payment for th~s servme or dam wdl be from Federal and Slate funds, and that any false clmms, statements, or documents, or concealment of material may be prosecuted under apphcable Federal and State Laws I understand that certain tests and procedures may not be reimbursed by Federal and State funds and thai I may be responmble k)r non covered charges Aisc, I agree that d at the t~me of serwce, if I am ~ot eligible for Med~c~[ Ass[stance, I wilt be responsible tor balances owed to Holy Spirit Hospital Initials ;hroav~dir_e_a.d._a_ nd ?~d.am..tand. each ~ the .a~.cUo. na con?,.n.e.d ab. ova. I un..darstan, d that I~/.~!g~. mg ~,a d°CUmeat, I am agreeing and · _ a~[~t~u~ms ro~U0..n/contra .c.c. mmnea !.n ~ac~ o.~ .m.e a~.ove e ..e~aone wn..~.~.my ,.nltla,e .. locked. I have had the opportum- y m a ~ queau~ns rega~ng, eacn~_.o~ mesa eectmna aha mi such quesuorm a~j)~a~a~ ~een answM~d to my satisfaction. Relatloneh'P to Patle..~,.-~/~'/~/_.~/]/J;~//]/~ ~ Time ~_j.r/,~ Date CONSF_J~ FOR TR.~.ATMENT? RI~LEASE O~ INFORMATION INSURANCE A$SIGNMEI~rT CHART COPY ADM. DATE: 08/19/2000 CHIEF COMPLAINT: Motor vehicle accident w~th thoracic back pa~n HISTORY OF PRESENT ILLNESS: 14-year-old who was restrained nght front seat passenger rear-ended by another veh~c{e The vehIcle she was driving m then struck another vehicle Their air bags were not deployed The chfld d~d ambulate after th~s event She ~s complaining of mfdthoraclc back pa~n She has no other complaints CURRENT MEDICATIONS: None PAST MEDICAL HISTORY: Enwronmental allergies Allergy to Penicillin, causes anaphylax~s VITAL SIGNS: Nurse's notes rewewed REVIEW OF SYSTEMS: Constitutional No weight loss, weight gain, fever, or chdls Eyes No v~s~on loss, eye pmn, double ws~on, glaucoma, or cataracts ENT. No v~s~on loss, earache, d~zzmess, nosebleeds, sinus trouble, or sore throat Cardiovascular No chest pain, palprtatlons, swelhng of feet, or heart murmur Respiratory No cough, sputum production, wheezing, or coughing up blood Gastrointestinal No nausea, vomrbng, d~arrhea, consbpafion, abdominal pmn, or rectal bleeding Genitourinary No blood m unne, pmnful urination, or frequent unnabon Musculoskeletal M~dthorac,c back pain Skin No rashes, lumps, dryness, ~tch~ness, or sores Neurological No d~zz~ness, blackouts, se~.ures, paralys~s, numbness, or t~nghng CONSTITUTIONAL: In general this ~s a very pleasant 14-year-old female who was ~n~bally s~lng in a chmr when I first evaluated her EYES: Conjuncflva w~thout d~scharge or ~nject~on Lfds without les~ons. PERRL HOLY SPIRIT HOSPITAL Camp Hill, PA 17011 EMERGENCY ROOM REPORT Page 1 of 3 NAME Duncan, Hahe J MR# 201783 ROOM ER1 DR NOELLE ROTONDO, D O ORIGINAL NAME: Duncan, Hahs J MRS: 201783 ENT: Ears Tympamc membranes w~thout perforation, mjecbon, or bulging Mouth L~ps, teeth, and gums normar Throat Oropharynx w~thout lemons or exudate A~rway patent Nose Nasal mucosa normal Sinuses No sinus tenderness NECK: Supple, symmetncal, non-tender, no lymphadenopathy Trachea mldhne Thyroid nc,, palpable LUNGS: Normal respiratory effort Breath sounds equal No rales, rhonch~, or wheezes CARDIAC: Regular rate and rhythm w~thout murmurs, ectopy, rubs, or gallops No pedal edema Gl/ABDOMEN: Soft, non-tender, normal bowel sounds, no masses No hepatosplenomegal,/ SKIN: Normal color and turgot No rashes or les~ons EXTREMITIES: Patient w~th T7 and T8 m~dhne tenderness to paipahon NEUROLOGICAL: Alert and onented to person, place, and bme Cramal nerves intact Sensory and motor function normal. Reflexes symmetncal DIAGNOSTIC PLAN: My plan ~s to obtain thoramc spree films, although chmcally I beheve the patient's symptoms are more Irkely musculoskeletal m nature She was m the emergency department w~th her mother I will be g~vmg her head injury precautions DIAGNOSTIC RESULTS: C-splne films are negabve MEDICAL DECISION MAKING AND COURSE IN THE EMERGENCY DEPARTMENT I dmcharged the patient home with head injury precautions I believe the etiology of her symptoms are most likely secondary to a thoracic strain as a result of the motor vehicle accident and is most likely Is musculoskeletal m nature DIAGNOSTIC IMPRESSION: back pa~n Status post motor vehicle accident with musculoskeletR~ DISCHARGE INSTRUCTIONS: 1 Head inJury precautmns Page 2 of 3 HOLY SPIRIT HOSPITAL Camp Hdl, PA 17011 EMERGENCY ROOM REPORT NAME Duncan, Hahs J MR# 201783 ROOM ER1 DR NOELLE ROTONDO, D O ORIGINAL · NAME: MI~: Duncan, Hahe J 201783 NPJIb DOC # 77398 D 0811912000 T 08/21/2000 5 58 P 009373 NOE. LLE ROTONDO. D O HOLY SPIRIT HOSPITAL Camp Hill, Pa 17Oll EMERGENCY ROOM REPORT Page 3 of 3 NAME Duncan, Hal~e J MR# 201783 ROOM ER1 DR NOELLE ROTONDO, D O ,.. ORIGINAL Inltiml Lab & X-Ray Ordem; J,,b~ / Ur~r~ Spd~J~m~ } Acetam~nophen [ ] ESR ] Alcohol [ ] Glucose ] Amylase/L~pase [ ] HCGS ] Blood Cullures Pmflte ] 0MP [ ] Lyres ] CaCP { ] PTP ] CMP [ ] Sahcylate Tax Screen I ] Unne Tox Screen Thr0mbolybc Labs } Type & Cross ~# of un~s Type & Screen ]L~A ]UnneO&S Workman s Comp Drug Screen Serum Acetone [ } O{her Theophyk~e Thyrol~ Profile [ ] Follow up I lCa~e I KUB Mlnd~e Na~al Omit R L Pelvis P,/ao~am ~VP Rlba R L Shoulda~ R L Skull Sternum ] Tib I Fib R L ] Tee~R L ] WHit R L ] CT Scan of ] VQ ,.,~.~n ] C~er Tlma/CRT.4nL Holy Spirit Hospital Camp Hill, PA John R D~etz Emergency Cenler Phystman Order Sheet 206-ECUREV 1t/99JD BR MD CHART COPY T~me Date/T~me/int IV: N$~/DSWI LR/DB/,45N~/DB,gN$ Infuae ~ ~hour. [ ] ~ln ~d rec~.. ' ,. InElai~: Slgn~ure: [~ R N Inltlala: .Signature: Initials: Signature: Signature: . Dmte:~ I~ ~ " C". ~Li[ J I' I ,~-5"- 4043 ' C~l .~1~ nl/l")/O0 I:)atei ~ . ~ ,, ' . Log-m Time .~6: e 7_. -'~ FMD ~ ~k _Iifx ~ " T,me to Exam-Room _t~.0 ..~"~ Mo(Ia of Armml .a~mbulator,/, [ ] BLS [ ] ALS ! Command [ ] 1/Vheeichar/Camed Ti,r~ retu,,med from Tnaged x-ray \ .............. ' Pla~e injury o~curre~ [ ] Home [ ] Induttry [ ] Recreatlefl ~MVA [ ] Other Inl~rmatlon obtained from- [ ] Famlly/S O, [ ] RemarOd [ ] EMTIParamedic Allergies/Reactions: Latex aJlergy'~N [ ]Y ImmunlzaUons UTI) [ ] N [ ]Y LastTetanu8:. LMP Wetght' .. Has pabent been exposed m the past moml~ to measles, ch~ckenpox or TB-q~N [ ]Y [ ] UNK DErectlvesg~N/A [ ]N [ ]Y Ars copies avadabte~ [ ]N/A [ ] N [ ] Y (Attached [ ] N [ ]Y) Are there Advance Extrem~y EvaluaUon: Trmged to radiology for I:~'mlty Ye~ / No l~dn Temp Warm/Cool DI~I Pul~e~ Present / Abeont Edema Yes/No Sldn Color P,nk / Cyano~ / Mott~d P~n (1-10) P.re~thml~ Pre~en/I Absent Eo~lyllnO~i~ Yes/No Caplllarf mffi Normal/De{a/ed Intervemllon Vmuel Acuity: O.D. O S O U. Corrective Lenses Oblect,ve ~AO x'-8---~[ Resp;ratmns Symmetncal &~~anJatam~lan temperature & color WNL ,, ecalWe~timate (If pertinent) VRal mgns Med~cahons Imrnob~l,zabo~ [ ]CiD [ ]Backboard [ ] C-Collar [ ] Sphnt []Oxygen [ ]NC [ ]Mask ~L/Mm []A,rway [ ]Nasal [ ]Oral [ lET# [ ] IV Soln Gauge __ S,~e -- LaM Past Medical/Surgical Report Called.... Admitted to ~ at ___ D,spos,bon [~.~;I~e~MA [ [~,OR al LD~-~Chwged rj I~ ~ [~ I~c~'~a¢ ,g~, Instructions Holy Spirit Hospital Camp Hill, PA John R. Dietz Emergency Center ECU Nursing Assessment CHART COPY 201 ECU 11/g9 7th Flee WtMg MD C~ R.N MA [ ] Old Records Sent [ ] Clothing sheel completed Hrs Transler)r~:l to ... at .~ by ~allMaCtC)ry [ ] Imltfr~j~e,.dj ] Cnj41:~ [J4 Deceased tq rt~f~gue at.~....~.~.__,._~ Diechame n N ~LJjLJ~-t~v~ J~,t_ LDL,V"~, at Date: A~ment, T.,m: Vqlal Signs Momtor Physician Assessment 02 Saturation ...... Lung Assessment Visual Acmty Labs PCXFI/Port Sent to Radiology Returned from Radiology Respiratory Treatment Foley Insertion NG Insertion Wound Care Para Scale (0-10) Level of Consc~ou&ness SIderads Intake & Output Patient Educabon Inlo { ~J ' - Rate Date Time Amount Solution ~r Site Rate Initial S~na~re C~ ~s Ra~ In,hal S~na~re ~No Infix=mn 3-Pmn Control Imhal S~nature ~ ~ 1-Edema ~Har~n~s 1-AVl Iv VU 2B-Ecchym~s Holy Spirit Hospital Camp H,II, PA Emergency Patient Documentation 205 ECU Revised 5/96 JO, BR, MD CHART COPY PATIENT. DUNCAN, HALLE J MR#: 201783 SOC SEC 166-68-4040 ORD DR. ED GROUP M D PT TYPE: E ADId DATE. 08/19/2000 LOCATION' ER1- Holy Spirit Hospital Department of Radiology and Diagnostic Imaging Camp Hill, Psnnsylvania 17011 F'17) 763-2600 DICTATION DATE: Aug 20 2000 9 52A TR~NSCRIP'I'ION DATE: Aug 20 2000 '11 11A ARRIVAL DATE: HOSP SERVICE' ER1 ***Final Report*** EXAMINATION: THORACIC SPINE 72072 - Aug 19 2000 COMMENTS INDICATION - back pa~n following MVA Exammabon of the thora¢c spree reveals no evidence for fracture abnormehty of [he parasplnal soft bssues Ahgnment is normal There is no CONCLUSION. Normal thoracic spine DICTATED BY: BARBARA KUNKEL M D 1 DLG DATE OF EXAM: Aug 19 2000 SIGNED BY' DATE/TIME: BARBARA KUNKEL M D Aug 20 2000 3 44P Imaging Services Consultation Page 1 ~t~,atn~ L~J¥1~R URGI C~VlI~R DISCHARGE INSTRUCTIONS HOLY SPIRIT H~P~AL (717) 763-~6 ~ (7~7) 7~3-~ ~ '- ' ~mpl~ ~ ~ If y~ ~ ~ ~bl~ ~ comph~ ~mt y~ ph~ ~ C~r ~W ~ ~U~ c~ =~ Patient Information. I~tlent Informa{ion .heetm ¢Or,i~n latpert~nt In~tle~ ~o review ~nd Ctmnge dressing .~ da~ R~ ~ ~r~lN~ a~ Mania d~ng SP~ ~, BRUI~ F~ E~a~ ~e ~n~ ~ ~r__ ~y, ~ r~e aw~kng ~y ~ ~ ~n~ far~ to Wear ~hm ( ) At aA am~ ~al t~up ( ) For a~wW ~ ~ U~ ~ f~ ~p~ )U~ ( )As ~, ~ht ~ ~ ~t~ ( ) M ~1 tt~ NO WE~HT ~A~NG ~RCK ) Wear ~ ml~ [or s~ ~r ~ days ) R~, avo~ ~d~, hflmg, ~uo~ a~ for~da~ )A~y mo~ h~ ~r minutes . ..a~ ~ly R~n~s ~=n~s~, tatum ~ ~ not ~Volr~ ) ~e ~sm~ an~o~o may r~ ) ~e ,n~r~ d your X-Rays am pra~mm~ Y~r films ~11 ~ ~ ~y a m~o~=t ........ ] -jr .... ( ) Use Adwl (Ibuprofen) or Tylenol as neeOed for peun, lever according ~o package ~na~mctmr~ ~or &ge, welght ( ) Use the fo~low~n{i ~®s eccordmg to pa~e instmctmns 1 3 ( ) The followmg rned~fnas may cause drowmneee DO NOT DRIVE OR OPERATE MACHINERY WHILE TAKING, FOLLOW'UP 'fit,s ,s our moommenda0on for follow-up if your m~uranoe (HMO) requmre~ a phymaan mfmml for oansulte];[~n, IT IS YOUR RESPO~..SIBII_ffY TO Q~TAIN THE NECESSARY APPROVAL ( ) Fo,ow-up ~nth ( ) Urg~ ( } Family Doctor ( ) WorkNet m _ _.days lot ( ) Fo#ow-up ( ) Suture removal ( ) Call as soon a~ pose~le for eppomb'~nt (.) P~ up yom X-~/s trom ~he Radk~ogy Department pne~ to your folk)w-up eppomtment Call 7~3-2~6 to have hims marly ( ) See your ph!~can or e~eaalmt ~f not mf~oved m .... days { ) Return to Emeegency Center d you 1eel your ¢onc~o~ m wo~ernng. { )Your blood pressure rect~acked by your phy~cmn ( )Te~ results ~ve been gwe~ tayou Te, ke them w~hyou fo ~ fo~o~-up appolntmen~ T~' resu~ grven rgcBc [-ICMP I~SMP ~FIECORD$ COPY CHART nGLUC ( } PAllEhr~ V~iI,~a.IZES b~e~ent onb an~ that t maybe rea~a~ before eJl oi my medial problems am k~own ~' treated ! will an'a~ge fOr tollOw-up Care es 1 have bee~ m~tmcte~ It ~s yc~Jr resp?r~ s~l~ ~o ~otlty Phy~c~n MO/DO Nuzee RN :OLY SPIRIT HOSPITAL EMF. RGENCY CENTER NORTH 21ST STRF. I~T CAMP R3!,!., PA 17§11-32~8 (717) 763-2316 Robot Hymck. D 0 O$ 004400-L Pochn_rd L~ley. M D 029960-E Phmlhp Menu,re, M D 015063-E Lawrence Paul, M D 039524-L Fc~ak P'mcoFta, M D 003643-E Howard Rudmck, M D R.~jana Sharma, MD 031265-E Davtd Spin'nor, M D 023502-E ) Alan Tepbs, MD Blame TbaLln~r, M D 057303-L I~vtd Ztmmerma]. M D 005636-E 3 ( ) The following ma~cmes may cause clrowaneae DO NOT ORIV~ OR OPERATE MACHINERY WHILE TAKING FOLiJ3WoUP Th~s is our recammenda, t~on for foll~-~ ~ your ~on, ~ IS Y~R ~S~SI~IL~ TO ~TAIN NECE~ARY ~PROVAL ( ) Fatty ~ ~ ~ for ( )~-~ ( ) S~m ( ) ~1[ ~ ~n ~ ~ ~ ~om~nt )~ up ~r X~ f~ ~ ~ ~P~ ~ your ~ ~ ~1 7~-~6 to h~e ~e your p~s~l~ Or s~1~ ~ ~ot tm~v~ ~ , ~our ~ pr~ was e~v~ed ~ h~e ) T~ ~ ~ ~n ~n ~ ~u Ta~e ~ Te~g~ ~CBC ~F ~G ~X-~Y~PY ~ BMF ~ REC~ C~Y CHART ~ Phy~clan M O I D 0 Nut,de RN HOLY SPIRIT HOSPffFAL EMEEGFAqCY CENTER ~ NOR~ 21~ S~T C~ gH.l., PA 17011-~ (71~ 76~16 DATE. $IGNATUP~ M D ~D O DF_A# ) Ra%ana Sharma, MD 031265-E David Spurner, M D 023502-E ) Alan Tcplm, M D 030018-E Elaine Th~lhaer, M D 0573~3-L David Ztmmcnnan, M D 00~635-E IN ORDER FOR A BRA.ND NAME PRODUCT TO BE, D[SI:~SED, THE PRESCRIBER MUST HAND W1LtT~ 'BRAND t~vLT~S.a~Y'' C~. 'BRAND MEDIOAILY NI~"ESS~Y" IN THE SPAt13 WELOW DUNCAN, HALLE DOB: 12/09/1985 SS#: 166-68-4040 MECHANICSBURG FAMILY PRACTICE CENTER 00210054851 DD: 08/24/2000 DT: 08/25/2000 10:06 A/rrh D#: 703956 08/24/2000 S: Patient was the passenger in the front seat of a motor vehicle and underwent an accident on 8/19/00 when car was hit from the rear by a drunk driver and pushed in the car in front of them. Their car was stopped at the time. Patient did not have any head injury and does not recall any loss of consciousness. Patient's primary concern is stiffness in her neck and her back. O: Musculoskeletal: Tender to palpation over the dght side of her neck and cervical area and also tenderness along the thoracic spine. Full range of motion of the neck, although she complains of discomfort when turning to the right side. Neuro: Cranial nerves II through XII grossly intact. Grip strength is weak on both sides. A: Cervical and thoracic strain secondary to motor vehicle accident. P: Patient advised to use ibuprofen, 3 tablets 3 x a day consistently for 1-2 weeks or Aleve, 2 b.i.d. 2. Given an Rx for Flexeril. 3. Follow up p.r.n. NEALON/ i GOVER, ATTORNEYS AT LAW MOV 1 2411 NORTH FRONT STI~ET H~RlUSSURG, PA 17110 TELEPHONE (717) 232-9900 FACSIMILE (717) 236-9119 ANDREW C. LEHMAN alchman@nealon ~gover.com November 7, 2002 Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Re: Halie Duncan, a minor, by Kimberly Duncan, her mother and natural guardian, and Kimberly Duncan, in her own right v. Joel Cummings Docket No.: 2001-2398 Dear Clark: Regarding the above matter, where do we stand regarding discovery, trial and/or settlement? I note Progressive previously reached an agreement with you to settle this law suit against Joel Cummings for $14,000.00 on behalf of Kimberly Duncan and $2,500.00 on behalf of Halie. I recognize the dram shop issue has complicated this matter, however I was wondering since the Court has consolidated the two cases if there has been any movement on the dram shop side of this action. Please advise at your earliest convenience. I look forward to hearing from you. Until then, I remain Very truly yours, NEALON & GOVER, P.C. Andrew C. Lehman ACL/Ibs cc: Tyeddie L. Desmarais, Progressive (Claim No.: 005212090) CONTINGENT FEE AGREEMENT I, ~.la/%rg/ _"ff)-~a~ , individually and as parent and natural guardian of ¢3~h~_ l_'~t,v~_o-t , retain and authorize the law firm of Metzger, Wickersham, Knauss & Erb, P.C., to do whatever they deem necessary or desirable in order to represent my daughter in all claims for compensation and reimbursement for personal injuries, wage loss, and economic and other damages resulting from an accident that occurred on SAID ATTORNEYS DO NOT HAVE ANY LEGAL SERVICES RENDERED. Attorney's Fees: The fee of the attorneys shall be contingent as follows: (a) Thirty-three and one-third percent (3 3 1/3%) of gross recovery; (b) SHOULD THERE BE NO RECOVERY BY SUIT OR SETTLEMENT, CLAIM AGAINST ME OF ANY KIND FOR 2. Expenses of Litigation: Actual expenses incurred on the business of the client shall be borne by the client and my attorney shall be reimbursed out of the balance, after deduction of attorneys fees, of any recovery for all legal expenses incurred in the prosecution of this claim which have not already been paid by me. I do hereby agree to pay all expenses incurred by my attorney in the preparation and presentation of this case and do understand that these expenses include, but may not be limited to, costs of medical reports and records, stenographic expenses connected with depositions, expert witness fees, photocopying charges, and mileage charges connected with the rendering of legal services. I understand that I am responsible for payment of these expenses regardless of the eventual outcome of the case and further understand that if my attorney deems it necessary, I may be asked to advance these costs prior to the incurring of any such expenses or the scheduling of any deposition. Document #: 182430.1 3. I hereby further agree that my attorney may charge me reasonable additional compensation if it is necessary to try the case more than once, if the case is appealed, or if proceedings in other courts are necessary because of the change of circumstance of a party or for other reasons. 4. I hereby further agree that my attorney is hereby authorized to bring suit or to settle and compromise the claim, to execute all documents pertaining thereto, and to do all lawful acts requisite for effecting the claim on my behalf. 5. I further authorize my attorney to pay out of any proceeds of settlement or trial any unpaid medical bills for treatments or services made necessary by the injuries sustained in this accident and any workers' compensation liens. 6. I agree that my attorney accepts this employment on the~ condition that he will investigate this claim, and if it appears to be a recoverable claim, he will proceed to handle the claim; but if, after investigation, the claim does not appear to be recoverable, said attorney shall then have the right to rescind this Agreement. 7. I hereby further agree that if I decide to terminate this authority before any settlement is offered or any award is obtained the firm shall be entitled to reasonable compensation for all work done on the case up to that point. I agree that reasonable compensation for Clark DeVere, Esquire, or any other attorney involved in the handling of this case, shall be One Hundred and Thirty-Five Dollars ($135.00) per hour, or such higher rate as shall constitute his standard billing rate at the time that the work is performed. 8. I agree that my attorney may withdraw from this case at any time after reasonable notice to me, and I agree to keep him advised of my whereabouts at all times and to cooperate at all times in the preparation and trial of this case, to appear upon reasonable notice for depositions and Court appearances, and to comply with all reasonable requests made of me in connection with the preparation and presentation of this case. Document #: 182430. I -2- IN WITNESS WHEREOF, I have signed below on this ~ff~'ay of August, 2000. "' dILIENT:-( ' - METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ATTORNEY: Clark DeVere, Esquire Document #: 182430.1 -3- RELEASE OF ALL CLAIMS AND SETTLEMENT AGREEMENT Adult and Minor For the consideration as outlined below which is hereby acknowledged and also for future acknowledgment, I/we release and discharge, and for myself/ourselves my/our heirs, representatives, executors, administrators, successors and assigns, do hereby remise, release and forever discharge Joel Cummings, Johnny K's, Inc., John Kritikos, individually and t/d/b/a Johnny K's hereinafter referred to as the releasee(s), his/her/their/its heirs, executors, administrators, liability insurers, successors and assigns, of and from any and ail causes of action, suits, judgments, claims and demands of whatsoever kind, in law or in equity, known or unknown, which I/we now have or may hereafter have, and/or which a minor Halie Duncan, now has or may hereafter have arising from the claimed legal liability of releasee(s), which liability releasee(s) expressly deny(ies), arising from or by reason of any and ail bodily or personai injury and/or property damage known and unknown, foreseen and unforeseen which heretofore has/have been or which hereafter may be sustained by me/us or the minor aforementioned arising out of the accident on or about August 19, 2000, at or near the Carlisle Pike (US 11 North), in Hampden Township, Cumberland County, Pennsylvania. I/We agree that the consideration set forth below is specifically applicable to and paid to me/us with respect to any and all damage to any property, either real or personal, of mine/ours or the minor aforementioned, and with respect to any and all personal or bodily injury of mine/ours or the minor aforementioned, whether presently 'known or unknown, foreseen or unforeseen or which may subsequently develop and the consequences thereof, all as arising from the aforementioned accident. I/We further agree that the consideration set forth below is specifically applicable to and paid to me/us with respect to any right of contribution the I/we or the minor aforementioned may have against the releasee(s), his/her/their/its heirs, executors, administrators, insurers, successors and assigns relative to claims of others that may be brought against me/us or the minor aforementioned by reason of said accident. I/We further agree that the consideration set forth below is specificaily applicable to my/our agreement that I/we or the-minor aforementioned will not join nor attempt to join the releasee(s), his/her/their/its executors, administrators, insurers, successors and assigns in any capacity, in any action that may be brought against me/us or the minor aforementioned arising out of said accident. Should it appear that two or more persons or entities are jointly and severaily liable for the said injuries to person or damage to property arising out of said accident, the consideration for this release shail be received in complete satisfaction to the full extent of the fault of releasee(s), whether proportionaily allocated or total, as ultimately determined under the law and for which releasee(s) are found liable. In consideration of the below payment, I/we for myself/ourselves and my/our heirs, representatives, executors, administrators, successors, and assigns do hereby: Document #: 262188.1 Page 1 of 3 (1) agree to indemnify and hold forever hamdess the releasee(s) and his/her/its/their representatives, administrators, or assigns, against loss from any and all further claims, demands or actions that may hereafter be made at any time or brought against the releasee(s) by me/us or the minor aforementioned, or by anyone in our behalf for the purpose of enforcing a further claim, for which this release is given; Upon execution and delivery of this Release and Settlement Agreement to releasee(s) representatives, Progressive will deliver on behalf of Joel Cummings the sum of $14,000.00 for Kimberly Duncan and the sum of $2,500.00 for Halie Duncan. In addition, Johnny K's, Inc. and John Kritikos, individually and t/d/b/a Johnny K's will deliver the sum of $10,000.00, said sums to be delivered to counsel for the Duncans, at his Harrisburg ofrice address, within 10 days of the delivery of the signed Settlement Agreement and Release. Within 10 days of delivery of the settlement amounts, the Duncans' counsel will discontinue the civil actions filed against releasee(s) as a result of this accident. I/We specifically preserve and do not remise, release or discharge any claim and/or action I, he, she or they may have against any medical provider for any treatment or lack of treatment, including malpractice, and any claims, actions and/or right I, he, she or they may have for medical payments coverage, first party benefits, income benefits, health insurance, disability benefits or Other similar benefits from any entity, but specifically excluding the releasee(s) and their liability insurers. The parties acknowledge that Kimberly Duncan has received the sum of $25,000.00 from her underinsured motorist carrier Erie Insurance Exchange/Erie Insurance Company. In addition, Progressive has paid a prorated portion of the Duncans' property damage. The monies received from Erie and Progressive are in addition to the sums set forth herein and there will be no offset, deduction or reduction from the amounts due herein for the amounts paid by Erie and Progressive. The payments totalling $26,500.00 constitutes damages on account of personal injury or sickness in a case involving physical injury or sickness within the meaning of IRC § 104(a)(2). This Release is executed in accordance with the Court Order dated ., 2003, in the Court of Common Pleas of Cumberland County at Docket No. and will be interpreted consistent with that Order. A copy of the Order is attached hereto as Exhibit "A" and incorporated herein by reference. This Release shall be interpreted in accordance with Pennsylvania law. Document #: 262188.1 Page 2 of 3 Intending to be legally bound thereby, WITNESS my/our hand(s) and seal(s) this __ ., 2003. WITNESS day of (Seal) Kimberly Duncan, individually and as parent and natural guardian of Halie Duncan Document #: 262188.1 Page 3 o.I'3 VERIFICATION I, Kimberly Duncan, individually and as parent and natural guardian of Halie Duncan, have read the foregoing Petition for Approval of Minor Plaintiff's Compromise Settlement and do swear or affirm that the facts set forth in the foregoing Petition are tree 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. §4904, relating to unswom falsification to authorities. Dated: Document #263049 VERIFICATION The tmdersigned hereby certifies that he is the attorney for Plaintiff, Halie Duncan, by Kimberly Duncan, parent and natural guardian, and that the thcts in the foregoing Petition for Approval of Minor Plaintiffs Compromise Settlement are tree and correct to the best of his knowledge, information and belief, and that said matters relating to the Petition for Approval of Minor Plaintiffs Compromise Settlement are as known to the undersigned as to the clients, Plaintiff, Halie Duncan, by Kimberly Duncan, her parent and natural guardian, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Dated:,.y ~o2~,--o_1 Clar~k De'Ve~e, Esquire Document #263049 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and correct copy of the forgoing document with reference to the foregoing action by first class mail, prepaid postage, this 26th day of March, 2003, on the following: Joel Cummings c/o Andrew Lehman, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 Johnny K's, Inc., and John Krifikos, individually and t/d/b/a Johnny K's c/o William P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street P.O. Box 261 Carlisle, PA 17013-0261 Clark De*q-ere, Esqiii~ Document #263049 HALLE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, PLAINTIFFS JOEL CUMMINGS, DEFENDANT IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA 01-2398 CIVIL TERM HALLE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA JOHNNY K'S INC., JOHN KRITIKOS, individually and t/d/b/a JOHNNY K'S, DEFENDANTS 01-6515 CIVIL TERM AND NOW, this ORDER OF COURT ~ day of March, 2003, upon consideration of the Petition for Approval of Minor Plaintiff's Compromise Settlement, it is hereby ORDERED AND DECREED that the settlement for the gross sum of Two Thousand Five Hundred and 00/100 ($2,500.00) Dollars is APPROVED. Counsel fees and expenses are found to be fair and reasonable and also approved as set forth below. The distribution is directed as follows: (a) The sum of $1,784.09 shall be placed in a federally insured interest bearing account in the name of Halie Duncan, born December 9, 1985. The account shall contain the following notation: NO WITHDRAWAL SHALL BE MADE BY HALLE DUNCAN BEFORE SHE OBTAINS HER MAJORITY UNLESS BY ORDER OF A COURT OF COMPETENT JURISDICTION. (b) To be paid to Metzger, Wickerhsham, P.C., for counsel fees, the sum of $625.00. (c) To be paid to Metzger, Wickersham, P.C., for expenses, the sum of $90.91. (d) Counsel for .plaintiff shall file proof of said deposit with the Prothonotary with a copy to be forwarded to chambers. Clark DeVere, Esquire For Plaintiffs By th~e~ William P. Douglas, Esquire For Johnny K's, Inc. and John Kritikos, individually and t/d/b/a Johnny K's Andrew Lehman, Esquire For Joel Cummings :sal HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOEL CUMMINGS, Defendant HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOHNNY K'S, INC., JOHN KRITIKOS, individually and t/d/b/a JOHNNY K' S, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2398 CIVIL ACTION - LAW JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6515 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PROOF OF DEPOSIT In accordance with Pennsylvania Rule of Civil Procedure 2039 and Judge Edgar B. Bayley's Order of March 31, 2003, the undersigned is filing a photocopy of the Certificate of Deposit of $1,784.09 and a Uniform Transfers to Minors Account Agreement of the settlement proceeds in the above matter which were deposited on April 2.5, 2003 at the Allfirst Bank in the name of the minor Halie Duncan, by her mother and natural[ guardian Kimberly Duncan, "no withdrawal shall be made by Halie Duncan before she obtains iher majority unless by Order of a 267904-1 Court of Competent Jurisdiction." The photocopy of the Certificate of Deposit and Uniform Transfers to Minors Account Agreement are attached hereto as Exhibit "A". METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark~Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: April~q, 2003 267904-1 all rst' Allfirst Bank THIS DEPOSIT SUBJECT TO ALL THE RULES, REGULATIONS AND CONDITIONS OF ACCEPTANCE OF DEPOSIT OF THE BANK. DOLORS ~CENTS CASH $ TOTAL ~ : ACcC~U ~N~T ~1 ~TLE ~OWNER ~ REGU~R ~ TRANSFER DEPOSITTO rc'~ RETAIL [] IRA RETIREMENT ACCOUNT (CHECK ONE BELOW) allfirst UNIFORM TRANSFERS TO MINORS ACCOUNT AGREEMENT PENNSYLVANIA Originating Branch: HAMPDEN 137 Date: 04/25/2003 Branch of Record: 137 Completed By: margie fealtman Employee Number: 014730 Source Of Funds: OTHBK Banking Services Requested I Profitability Center: 05381 CUS Product Ouarteriy Statement Savings (0031) Opening Reason: Account Number Checks 80000002187558 Account Personalization [Pre-Authorized Transfer Savings Overdraft Protection [] Visa Check Card [] ATM Card [] Visa Gold Check Card NAME: CONTRACT CODE HALLE J DUNCAN PUTMA 321 HOGESTOWN ROAD NAME: KIMBERLY M DUNCAN ADDRESS: 321 HOGESTOWN RD ADDRESS: ADDRESS: ADDRESS: ADDRESS: CITY: MECHANICSBURG ~SSN: ~ BIRTH DATE: I 166-68-4040 I~a\Ot\%~ EMPLOYER: i I ZIP CODE: 17050 VVORK PHONE: ISTATE: PA HOME PHONE: (717)697-3333 CITY: [ STATE: MECHANICSBURG PA SSN: [ SlRTH DATE: [ HOME I:~-IONE: 197-52-2945 I 09/28/19611 (717)897-3333 EMPLOYER: SPECIAL MAILING ADDRESS ADDRESS: ADDRESS: ADDRESS: CITY: CONTRACT CODE: CUS ZIP CODE: 17050-3121 WORK PHONE: ;STATE: I ZIP CODE: RESTRICTION: Only one Minor and one Custodian per account. This agreement applies to the account humber(s) listed above (Account) at Allfirst Bank (Bank). The Account is established by the above Custodian for the Minor named above, under Pennsylvania Uniform Transfers to Minors Act. The AccoUnt is subject to the order of the CUstodian only. BY signing this agreement I acknowledge receipt of .and agree to the terms and conditions of the Bank's. Rules for Consumer Deposit Accounts and the Bank's Funds Availability, Electronic Funds Transfer and Account Disclosures. SUBSIIIUTE W-9 Under penalties of perjury, I certify that: Tax Payer Identification Number: 166-68-4040 (1) The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me), and (2) I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b).l have n. ot...b~, n notified by the. Internal Revenue Se~vlca (IRS) that I am subject to backup withholding as a result of a failure [o report a, mlerest or dlvidenas, or ' (c) the IRS has notified me that I am no longer subject to backup withhold ng IY. ou m. ust cross o.ut item (2) abov.e if you have been notified by IRS that you are currently subject to'backup withholding because of underreporting ~nleres~ or dividends on your tax return.) The name and TIN certified will be used for IRS reporting on this account. Signature: Sig nature: ~.~~ ,.~ ~/~ ~([~.,(_~~ Date: - YS-2808A-0111 KII{1BERLY M DI~ICAN DISTRIBUTION [ COPY TO CIS MAIL CODE: 501-120 COPY TO CUSTOMER IIHIIIIIIIIIIIII 2800 Illlllllllllllllllllll 80000002187558 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and correct copy of Plaintiffs Proof of Deposit with reference to the foregoing action by first class mail, postage prepaid, this ,,,9 qt--day of April, 2003 on the following: Joel Cummings c/o Andrew Lehman, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 Johnny K's, Inc., and John Kritikos, individually and t/d/b/a Johnny K's c/o William P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street P.O. Box 261 Carlisle, PA 17013-0261 The Honorable Edgar B. Bayley, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Clark DeVere, Esquire 267904-1 HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOEL CUMMINGS, Defendant HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOHNNY K'S, INC., JOHN KRITIKOS, individually and t/d/b/a JOHNNY K'S, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2398 CIVIL ACTION - LAW JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERL.AND COUNTY, PENNSYLVANIA NO. 01-6515 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' PRAECIPE TO SETTI,E~ DISCONTINUE AND END Kindly mark the above actions by Plaintiffs Halie Duncan, a minor, by Kimberly Duncan, her mother and natural guardian and Kimberly Duncan in her own right settled, discontinued and ended. Dated: q_ $ o - o..., METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquire -- Attorney I.D. No. 68768 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs 267907-1 .CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiffs' Praecipe to Settle, Discontinue and End with reference to the foregoing action by first class mail, postage prepaid, this _,.3_0_~day of April, 2003 on the following: Joel Cummings c/o Andrew Lehman, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 Johnny K's, Inc., and John Kritikos, individually and t/d/b/a Johnny K's c/o William P. Douglas, Esquire Douglas, Douglas & Douglas 27 W. High Street P.O. Box 261 Carlisle, PA 17013-0261 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Je v ere, ~squire 267907-1 First Union National Bank, as Trustee By its Attorney In Fact, Ocwen Federal Bank FSB VS Donald M. Wiley and Paula W. Wiley In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-6513 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Richard F. Stem. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Mileage Levy Surcharge Postpone Sale Law Library Prothonotary Certified Mail Law Journal Patriot News Share of Bills 30.00 17.86 15.00 15.00 23.46 15.00 30.00 20.00 1.00 400.25 337.90 25.24 $ 930.71 paid by attomey 9/2/03 Sworn and subscribed to before me This q~ day of 2003, A.D .~-.~ ~.f~..... Prothonotary R. Thomas Kline, ~heriff Real Estate Deputy Real Estate Sale g 02 On January 31, 2003 the sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA known and numbered as 1709 Charles Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 31, 2003 Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. NO. 2 Writ No. 2001-6513 Civil First Union National Bank, as Trustee by its attorney tn fact. Ocwen Federal Bank FSB VS. Donald M. Wiley and Paula W. Wiley Atty.: Richard F. Stern LEGAL DESCRIPTION ALL THAT CERTAiN tract or par- cel of land situate ha the Borough of New Cumberland. County of Cumber- land. and Commonwealth of Penn- sylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point In the easterly right-of-way line of Charles Street at the dividing line between the premises herein described and Lot No. 38 on the hereinafter men- tioned plan of lots; thence along said dividing line north fifty-eight {58) degrees five [0§) minutes twenty (20) Seconds east a distance of one hundred twenty (120) feet to a point: · thence sion4/ the line of lands now or formerly of Conrail south thirty- one (31) degrees fifty-four (54) min- utes forty (40~ seconds east a dis- tance of one hundred (100) feet to a point; thence along the d/riding line between the premises herein de- scribed and Lot No. 36 on the here- has:fret mentioned plan of lots south fifty-eight (58) degrees five {05) min- utes twenty {20) seconds West a distance of one hundred twenty {120) feet to a point; thence along the aforesaid line of Charles Street north thirty-one {31) degrees fifty- four {54) ralnutes forty (40) seconds West a distance of one hundred (100) feet to a point, the point and place of beginning. ~arie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 9 .day of MAY, 2003 NOTARIAL SEAt LOIS E. ,!aYDER. Notar/Publlc hundred twenty {120) feet to a Ix)tnt: thence along the line of lands now or formerly of Conrail south thtrty~ one (311 degrees fifty-four (54) min- utes forty (40) seconds east a dis- tahoe of one hundred (100) feet to a point; thence along the dividing line between the premises herein de- scribed and Lot No. 36 on the here- tnafter mentioned plan of lots south fifty-eight (58) degrees five 105) min- utes twenty [20) seconds West a distance of one hundred twenty (120) feet to a point: thence along the aforesaid line of Charles Street north thirty-one [31) degrees fifty- four (541 minutes forty (40) seconds West a distance of one hundred (100) feet to a point, the point and place of beginning. BEING Lot No. 37 on the Plan of Westover Gardens, which plan is r~- corded in the Office of the Recorder of Deeds in and for Cumberland Corinth, Pennsylvania. tn Plan Book 46 Page 126. CONTAINING 12,000 Square Feet. UNDER AND SUBJECT to all ap- plicable restrictions, reservations. easements and ~ats-of-way of rec- ord. including, but not limited to, a Declaration dated December 10, 1984 and recorded on December 10, 1984 tn the Office of the Record- er of Deeds in and for Cumberland County. Pennsylvania in Miscellane- ous Book Volume 301, Page 372 and the Amendment thereto dated Au- gust 19, 1985 and recorded on Au- gust 20. 1985 tn the Office of the Recorder of Deeds in and for Cum- borland County, Pennsylvania in Miscellaneous Book Volume 308. page 372. ALSO UNDER AND SUBJECT to a sanitary sewer easement as shown on said plan. RECORD OWNER: ~ is vested in Donald M. Wi- ley and Paula W. Wiley. his wife by deed from James M. Garland dated 5/10/88 recorded 5/12/88 tn the County of Cumberland in Deed Book 133 page 365. Parcel No. 26-28-0541-311. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general cimulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s} of April and the 6th day(s} of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ......................... ~......~.~ ........... CO PY Sworn~to and ~dsub db.~---~///befnrbefnr~J~ne this 14th day o~ May.~20~3 A.D. TenY L Russell, Notary P I ~yCommiSsionExplresJune6,2OU~ J NOff'ARY PUBLIC '. Member, PennsytvanlaAssociationOfN°~fes My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 336.15 $ 1.75 $ 337.90 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid.