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HomeMy WebLinkAbout11-0641E. ANNABELLE DONOVAN, Defendant PETITION FOR APPROVAL OF MINOR'S SETTLEMENT AND NOW come Plaintiffs, Emily Huffer, a minor, by her natural mother and guardian, Kristen Gold and Kristen Gold, in her own right, by their attorneys Freeburn 8v Hamilton, PC, and Petition this Court for approval of minor's settlement: 1. PARTIES 1. Plaintiff, Emily Huffer, is a minor born on May 25, 1994, who resides with her natural mother and guardian, Kristen Gold, at 534 Salmon Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff, Kristen Gold, is Emily Huffer's natural mother and guardian, who resides at 534 Salmon Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all times relevant hereto, Kristen Gold has had and continues to have primary physical custody of Emily Huffer and is authorized to bring this litigation pursuant to Pa. R.C.P. No. 2228(b). 4. Kristen Gold and Emily Huffer are represented in this matter by Freeburn & Hamilton, PC based upon a contingent fee agreement of 25% oche gross 'D d+ 6jVajgt3• ca r ,Ati* tiasa.--k Q*aswb Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 F11 ?D-CFFI , CE CF THE. CU?j ?Ft=i,;drJY D- ?A?i ?TY Attorney for Plaintiffs EMILY HUFFER, a minor, by KRISTEN IN THE COURT OF COMMON PLEAS GOLD, her natural mother and CUMBERLAND COUNTY, PENNSYLVANIA Guardian, and KRISTEN GOLD in her own right, Plaintiffs : C(?ITerm NO V. oC settlement proceeds, plus expenses. A true and correct copy of the Attorney's Agreement is attached hereto as Exhibit "A". 5. Defendant, Annabelle Donovan, is an adult individual who resides at 104 Hillcrest Road, Camp Hill, Cumberland County, Pennsylvania. II. FACTS 6. The facts and occurrences hereinafter related took place on or about November 28, 2009, at or near the intersection of Market Street and Hillcrest Road, Hampden Township, Cumberland County, Pennsylvania. 7. At or about that time and place, Plaintiff, Emily Huffer, was a front seat passenger in a vehicle being driven by her step-father, Aaron Gold, which was traveling westbound on Market Street, approaching the intersection of Market Street and Hillcrest Road. 8. At or about that time and place, Defendant, Annabelle Donovan, was operating her motor vehicle traveling southbound on Hillcrest Road. 9. At or about that time and place, Defendant, Annabelle Donovan, failed to stop at a legally posted stop sign on Hillcrest Road at the intersection with Market Street, and struck the vehicle in which Plaintiff, Emily Huffer was a passenger. 10. The impact caused the vehicle in which Plaintiff, Emily Huffer, was a passenger to spin into the eastbound lane of Market Street, where it was struck by another vehicle, the result of this impact causing the vehicle to roll onto the driver's side, where it came to rest. 11. The Pennsylvania State Police conducted an investigation of the collision, and the Commonwealth of Pennsylvania Police Crash Reporting Form is attached hereto as Exhibit "B". 2 that no transfers or withdrawals can be made from the account until May 25, 2012, when Emily Huffer reaches the age of 18. 25. Plaintiffs believe that this settlement is in the best interest of Emily Huffer because it avoids the risk of obtaining a lesser recovery or no recovery at all. WHEREFORE, Petitioner Kristen Gold hereby requests that this Honorable Court enter an Order: a. Approving the full and final settlement of this action; Kristen Gold to sign all documents necessary to accomplish y and b. Authorizing the settlement, including but not limite to the of milyHuffer, Release, land all checks; as parent and natural guardian and expense proceeds as set forth herein, c. Approving the distribution of the including the payment of counsel fees d. Directing payment of the net funds be made to a custodial savings account be opened in the name of Emily Huffer with Metro Bank. e, Directing Petitioner to file a Praecipe with the ter settled and discontinued once matter Cumberland County marking this the $14,000.00 payment has been received and the savings account opened and funds disbursed; and f. Staying all proceedings meanwhile. Respectfully Submitted, FREEBURN & HAMELTON, PC By. Christina L. Bradley, I.D. No. 89107 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 1 /2 d Ilt Counsel for Plaintiffs 5 VERIFICATION 1, Kristen Gold, individually and as mother and natural guardian of Emily Huffer, hereby verify that we are Plaintiffs in the foregoing matter and that the statements in the PETITION FOR APPROVAL OF MINOR'S SETTLEMENT are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Kristen Gold, individually and as parent and natural guardian of Emily Huffer ???$? FREEBURN & HAMILTON, PC ATTORNEY'S AGREEMENT da of December, 2009, by and THIS AGREEMENT entered into thi C? ys at-Law (hereinafter referred to as between FREEBURN & HAMILTON, P , "Attorney") and KRISTEN GOLD, INDIVIDUALLY AND O eBEHALeferred MIL "Client,') FER, HER MINOR DAUGHTER, her successors and ass g WITNESSETH: That Attorney, for the consideration ? as leaal counsel indnegotiating settlement and if the does hereby undertake and agree with Client(s) to ac 9 of third party claims andlor claims for ctinsuand prosecuting ac ons t inlclud ng but not limited same- is not effected, in bringing, condu g to, actions for uninsured and Underinsured motof the be so'nal anju es wlhichaoccurred on or determine may be liable for damages as a resu P about 11/28/2009 ATTORNEY FEES: In consideration for services so rendered b ensated as followsereby agreed by and between the parties hereto that Attorney shall be comp TWENTY-FIVE PERCENT (25%) oss re overy° shall mean the full amoeuntof sett ement are filed with the court to list it for trial. G re- ud ment interest, without reduction for proceeds or the full amount of verdict, including any p j 9 expenses or costs advanced or incurred. THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%) of grosseree proceed ngpapers are filed with the ith he court to? strit forltrial, hen codmmencement f trial is when the hearing papers are filed with t begins. If Client(s) receive, via settlement °atio'n1g of Attorneyslashalll be t based ' onludhe reimbursement for Attorneys' fees, compens percentages as set forth above. Any award of attoenb led atsTwot Hundred and Fifty ($250 00) Court to be computed on an hourly basis shall b er hour for law clerks and paralegals. Dollars per hour for Attorneys and Ninety Five ($95.00) p If you enter into a structured settlement edgo the sum of any ash paid n settlement applicable percentage determined as above, app plus the present cash value of the structured portion of the settlement, and payable in full from the cash portion of the settlement. If any additional work is required by uated for sucht'work at outer Segulah hourly ratestaand witnesses or otherwise, we will be compens for costs incurred. ATTORNEY'S LIEN: Attorney shall have a lie Veoed whether by settlement ar judgment ced and expenses incurred on any sum or sums reco , Should this agreement be breached or otherwise terminated by Client prior to the for any costs advanced by Attorney up to resolution of the claim, Client shall reimburse Attorney the any time of the breach or termination, and Attorney shall have a/tie n of a y settlement ?o i alin recovered in the amount of TWENTY-FIVE PERCENT ment of the said existence at the time of Client's sum tor Attorneytout of the proceeds fi allya recovered. fee, Client hereby assigns s the he said Client shall Should Attorney discharge Client or withdraw on the grounds sethef time olf discharge or reimburse Attorney for any costs advanced by Attorney up to he timount withdrawal, and Attorney shall have a lien on any sum seor sums ttlement finally recd eyed in the of TWENTY-FIVE PERCENT (25%) of any offer ment of the said fee, Client hereby assigns the discharge or withdrawal. In order to secure pay said sum to Attorney out of the proceeds finally recovered. EXPENSES: d reasonable costs advanced by Attorney in the preparation and from reim Any necessary an shall the proceeds resentation of any Client's recovery. claim, and all expenses atteed Vath thereto,espect termi ation obth's agreeme t p Except as set forth abov prior to resolution of the case, Client shall have no obligation to reimburse Attorney for such is obtained. expenses if no recovery LEGAL REPRESENTATION It is understood that FREEBURN & HAMILTON repress is Cliendwith rFREEBURNespect to party claims and/or underinsured or uninsured motorist claims only, that & but not HAMILTON does not represent Client with respect to any ti benef is such asl'so'c al to property damage claims, insurance claims, claims for governmental BURN unless security benefits, or workers' compensation claims, HAMILTONand eby F eeburnte& understands agreement is signed by both Client and FREE FREEBURN and Hamilton agrees to represent Client on such other matter. In earesear, Client agrees that discussion of other legal matters with any p staff or attorneys & HAMILTON, including it's attorneys d or stff or statements a legal m tters do notd constitute an agreement by FREEBURN & HAMILTON regarding othe matter o that FREEBURN & HAMILTON to represent Client co `otect Client's tights wi9h (respect torsuch FREEBURN & HAMILTON will take any action to p tements conduct or by the other legal matters. This provision cannot be modified thataother legal matters have t me part of FREEBURN & HAMILTON. Client also understands file suit or ake limits within which suit must be brought or actions thtsn, Cl and ent thaunderstandst the failure agrees tthat such actions will result in the loss of Clients rights. s rights on any FREEBURN & HAMILTON will not file suittagreementpsosgnedllbytboth Client and other legal matter unless and until a separate written FREEBURN & HAMILTON, whereby FREEBURN & HAMILTON agrees to represent Client on such other legal matter. We will try to keep you currently informed of the status and progress of the case, but if at any time you have questions or concerns about the case, please feel free to contact us. We will ly timely furnish you with copies of pertinent documents meand d as rtosyoua condition andsanybpert Went manner. You agree to keep us currently informed developments that come to your attention. The decision to file suit and to list for trial shall be made by you in consultation with us. 2 We will make a reasonable effort to retain significant papers in the file for a reasonable ll of period after the conclusion of the matter. A our work touus by you will be will be owned and retained by us. Original documents and other tangible things furnished sums due us, unless such of our and upon payment of any at your request at the erne d course our items are consumed in work. Legal representation contemplated herein does not include appeals or post trial motions, the but is limited to work up to a verdict or award. We all haveth that righwt utour sole obligation etiono prosecute or defend any appeals or post trial motions deem expedient, economical or advisable, or to decline to do so in which event the representation provided for herein shall be ended. SETTLEMENT PROVISIONS: Client(s) will not settle, adjust or compromise the above claim, or any proceedings in Attorney. connection therewith, without the advice andfor settlement of made by furth anderno9r to to consider seriously any recommendation unreasonably withhold consent to such settlement. DISCHARGE OR WITHDRAWAL: In the event that Attorney subsequently determines that the claim or suit lacks merit, or fide settlement recommendation made by Client(s) unreasonably withhold consent to any bona conceal Attorney, or Client(s) refuse or fail to cooperat with Attorney, this Agreeme t, misrepresent facts regarding the above claim, o Client(s) commit reasonable notice to Client(s). Attorney shall have the right to terminate his services upon giving MISCELLANEOUS: Client(s) understand, acknowledge and agree that Attorney does not guarantee the outcome or eventual result of the above claim. t relates to Client agrees to promptly notify attorney medical treatment or information mp oymenthachanges in Clients' claim such as changes in Client's physical condition, and any witnesses, documents or other things that might be relevant to Clients' claim. -/ filed for In addition, Client has advised Attorney that Client has __ has not bankruptcy and agrees to immediately notify attorney if Client should file for bankruptcy. -'*" received SSI In addition, Client has advised Attorney that Client has has not or public assistance benefits, and agrees to immediately notify attorney if Client should receive SSI or public assistance benefits. In addition, Client has advised Attorney of any potential liens that could be asserted immediately notify Attorney if including those listed below, and agrees to against any recovery, this information should change or if Client becomes aware of the possibility of any liens: 1. Child or spousal support obligations? 2. Medicare benefits? 3. Veterans benefits? 4. Public Assistance benefits of any kind? 5. Private health insurance? 6. HMO, PPO or other health benefits? 7. Disability benefits? g, Workers' Compensation benefits? 9. Unpaid medical bills? 10. Other possible claims against recovery? YES NO -77- -77 Client Initials dical coverage in addition to automobile Client has --'does nq# nave me insurance. If so, client has _ as not provided attorney with medical coverage information including a copy of card. Client agrees to provide information about all medical coverage to his/her medical providers at the time of medical service. List each and every motor vehicle (including motorcycles) owned by or furnished for the use of anyone who lived in your household at the time of the accident. FREEBURN & HAMILTON, PC By: LRRiUchard E. Freeburn, Es ' e 4415 North Front Street Harrisburg, PA 17110 (717) 671-1955 W it Kristen Gold 4 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have hereunto set their hands and seals of this Agreement, in execution thereof, the day and year first above written. I ',? 0 Page 1 of 9 Print CRS W0134381 COMMONWEALTH OF PENNSYLVANIA I IIIIIII IIII VIII IIII IUI Crash Number POLICE CRASH REPORTING FORM Page W0134381 Case Closed Reportable Crash - patrol 500 1 0 Yes 0 No 0 Yes O No lice A ency - Patrol Zone Inddent Poumber 21103 SE HAM20091100946 Precinct nInvesO tonDate (M-DD YYYY) A Name - 2$ - 2009 Hampden Township Badge Number Di atch rime (mil) Arrival Time (miq Investi ato? 19-9 1100 1102 PTLM RICHARD NULTY Bade Number Approval Date (MM DD YYYY) Reviewer 19-1 j 12 02 - 2009 JEFFREY A SNYDER oav °f week County P?Crash e Municipality municipal . Name 0 Sun Q Thu 103 Hampde den Township 0 Mon O Fri nd Time (mil) No of Units Peo le Injured Killed' complete Q Tue O Sat Crash Date (MM-DD-YYYY) 3 5 ?4 ?'i = form F Q Wed O Unk s 11 - 28 - 2009 1100 11 School Zone , Notify PENNOOTO Yes 0 No School Bus 0 Yes O No Related 0 les 0 NO Maintenance WorkzoneYes Complete 0 yes O No Related m M Section 29) ?Spgia( M e4 Q Off Ramp Q Railroad Crossing job 00 f fta 0 4 Way Intersection O 'Y" Intersection O IntersectUOr Traffic Circle/ 0 On Ramp 0 Midblock 0 'T" Intersection O Round About Route Number Segment (Optional) Travel Lanes Speed Limit e 1010 03 40 Street Name MARKET Turnpike Turnpike O State Interstate Hi hw iDnfDQ 0 (Not Turnpike) 0 (East/West) 0 Spur 9 signing Q Crossover O Other . See Overia Hous e Number (if applicable) O North c O South ! Street Ending • .A. (D East For Mid-block crashes only. Use ostal House Number and make sure ST (? West p Principal Roadway Street Name is (? Unknown }filled in if using this option County O Local Road O O Private O Other! Road Unknown Road or Street Q North O South 3 t Ending S O East tree ? Q West. RD O 0 Unknown County O Local Road Road or Street Route N? Se ment 1uPooneq • -- 25 - in r 02 u =Street Name HILLCREST 8 Route Interstate 0 Turnpike Turnpike 0 State Highwa) P s SigniW 0 (Not Turnpike) (East/West) Private O Other/ 0 Road Unknown intersecting Fit Hum Or Mile Post ? Or Segment Marker O Q North Q South Feet v " S ui P o Please e E Or intersecting Street Name ( q t 0 East Q West Or Miles ? Enter °C • 16 Information ° for BOTH Landmarks if Using Intersecting Rt Num Or Mile Post x ?? Or Segment Marker ? Q North ? N Q South Distance From Crash Scene to Landmark t (for Crash between option This t . St Ending O East Landmark 1 and e E Or Intersecting Street Name E E Q West Landmark 2) ® l J Degrees? D reel Minutes Seconds 1 6 Latitude: ?•?-? Lon gitude: - URMfic ceam l Dev ice Q Yield Sign Q Police Officer or Flagman ® Q Not Applicable O Traffic Signal Active RR Crossing Controls 0 Other Type TCD e oV- O Flashing Traffic Signal 0 Stop Sign O Passive RR Crossing Controls_ Q Unknown _ L,lag_12Md (If Not Applicable`, skip rest of the Lane closure section) Q Not Applicable 0 Partially O Fully O Unknown Minutes Seconds ILU-MUHRRUM Emergency Device Functioning 0 Preemptive 0 No Controls O Improperly Signal Device Not 0 Device Functioning 0 Unknown 0 Functioning Properly LA cl.+= Q North O East O North and South Q NIIS,E,W) Qirio 0 South Q West O East and West Ij > 9 hours lJ unKnow11 , SO No CD ?-r- Q < 30 Min. 0 30-60 Min. Q 1-3 hrs O 3 Ei hrs O 6 9 hrs ' J Unknown O cow _ FOmr r AA-M (tarox) F ENNDOT COPY 1 ------- A-+,< o+o+a'n ttq/crsann/PrintImages/XmlFiles/20091194892009120215595959... 12/2/2009 Page 2 of 9 Print CRS W0134381 CORflMORRf81F.t LTN OIF PENNSYLVANIA IIIIIIII?I?III I ? Crash Number POLICE CRASH REPORTING FORM Page: V-1- A 500 2 PoUse Use Only W0134381 Motor Vehicle in ille ali Parked O Legally Parked O Non - Motorized Commercial Vehicle Q Hit & Run Vehicle O 9 Y O Yes O No O Trnsrt Disabled From Q Train Phantom Vehicle O Pedestrian on Skates, O Previous Crash !f yes, Complete Form C) Q Pedestrian in Wheelchair, etc (If 'Pedestrian" or "Pedestrian on Skates, in Wheelchair, etc", Complete ForMro M, Date of Birth (MM-DD-YYYY) 3 e 6 r unit No First Name [M_? 08 l 3p 1923 Ol ANNABELLE Tele hone Number fast Name 7177379791 DeleQte? DONOVAN Zi LAdo dr ess Ci / state 4 HILLCREST RD CAMP HILL PA smote Class Driver license Number PA Alcohol/Drugs sus ed Medication O No O Illegal Drugs O Q Alcohol O Alcohol and Drugs O Unknown Alcohol Test Tree Q Test Not Given O Breath Q Other Unknown if O Blood O Urine O Test Given Alcohol Test Results O Test Refused Unknown O Results Fo? " Test Given, O Contaminated Results Owner/Driver 00=Not Applicable 01=Private Vehicle Owned/ 01 Leased by Driver Vehide True 01=Automobile O l 02=Motorcycle K03=Bus 04=Small Truck (If "02", Complete Form M. Section 26) (if '20' or "2.1, Complete O Illegal Drug O Fatigue O Medication Apparently O Use Normal O Had Been O Sick O Asleep O Unknown n.1..L?nn -- Primary Vehide Code Violation Charged? ----- O Yes O No STOP SIGNS & YIELD SIGNS Driver Presence 1=Driver operated 3=Driver Fled Scene Vehicle 4=Hit and Run ? 1 2=No Driver 9=Unknown 04=State Police Vehicle 07=Municipal Police Veh 09=Federal Gov Veh 05=PENNDOT Vehicle 08=01her Municipal 98=Other 06=Other State Gov Veh Government Vehicle 99=Unknown owner Last Name or Business (74destrian, skip this Section) DONOVAN •lylovement 01 *See Overlay 05=Large Truck 20=Unicycle, Bicycle, 06=SUV Tricycle 21=Other Pedalycie 07=Van 10=Snowmobile 22=Horse & Buggy 11 =Farm Equip 23=Horse & Rider 12=Construction Equip 24 13=ATV =Trolley 18=Other Type Spec Veh 98=0ther 19=Unk. Type Spec Veh 99=Unknown _ 2nn /?ndkator initial impact int ? O=None 2=Functional 12 00=Non-Collision 14=Undercarriage 3 1=Minor 3=Disabling 1-12=Clock Points 15=Towed Unit 9=Unknown 0 13=Top 99=Unknown Vehid a Col" ____ 06=Yellow 07 07=Silver 08=Gold Ot=Blue 09=Brown 02=Red 10=Orange 03=White 11 =Purple 04=Green 12=0ther 05=Black 99=Unknown 1=Towing Pass. Veh 4=Mobile/Modular Home 7=Semi-Trailer Tag No Tag rear V 2=Towing Truck 5=Camper 8=Other Unit 9=Unknown 3=Towing Utility Trailer 6=Full Trailer Direction of [S 'Vehide position 01 rave ailin Tr U E nit No. of a Trailing r Units: V Drier O FRANCIS J & ANN -Make Code Vehicle Make Address / City / State f Zip Cadillac 19 104 HILLCREST RD CAMP HILL PA 17011 Model Year Vehicle Modell (see overlay) v1N 1998 CATERA W06VR52R8WR204152 Reg. State Est. Speed Vehicle Towed Towed By License Plate PA 999 O Yes O No ROADSIDE AUTO R PS00845 Policy No Insurance insurance Company O Yes O No O known LIBERTY MUTUAL A0228107057580 4 T. St 02=Private Vehicle Not OwnecIA-eased by Driver 03=Rented vehicle Same as Owner First Name FORM 0 M-500 (12/02) PENNDOT COPY Special l/sa4e 00 12=Commercial Passenger 00=Not Applicable Carrier 01=Fire Veh 02=Ambulance 13=Taxi 21 =Tractor Trailer 03=Police 22=Twin Trailer 08=0ther Emergency 23=Triple Trailer 31 =Modified Veh Vehicle 11 =Pupil Transport 99=Unknown -Gradient 3=Downhill 4=Bottom of Hill 1=Level 5=Top of Hill 32=Uphill l 9=Unknown Road A!lanment 1=Straight 2=Curved 9=Unknown es/20091194892009120215595959... 12/2/2009 Page 3 of 9 Print CRS W0134381 ?IN II I?I ? Crash Number O6bWEALVQ9 OF PI:NNSVLVANIA IIII?II? OORRRfl ('POLICIE CRASH REPORVIIdCs F®R6Vli page: AA 500 2 Poke Use Only ? WO,134381 Parked O Non Motorized Commercial Vehicle Hit & Run Vehicle O Illegally Parked Legally O O Yes O No Q Train O (If Yes, Complete Form Q V:7777 Disabled From Phantom Vehicle Pedestrian on Skates, O Previous Crash in Wheelchair, etc M, Section destrian on Skates, in Wheelchair, etc", , NAi Date of Birth(MM-DD-YYYY) d? Y Unit No First Name a [11 j l g 1976 02 K AARON ___ Tele hone Number Last Name 7175541516 Deleette? GOLD zi Address / Ci / State 17050 534 SALMON RD MECHANICSBURG PA Class t S Driver license Number e ta 1=:D Em= Alcoh S-?clegd Medication Q No Q Illegal Drugs O Q Alcohol O Alcohol and Drugs O Unknown Alcohol Test e n Gi Q Breath Q Other ve Q Test Not Unknown if O Q Blood Q Urine Test Given Alcohol Test Results O Test Refused Unknown O Results MI" = Test Given, O Contaminated Results OwnerlDriyer 00=Not Applicable 01 =Private Vehicle Owned/ 0 1 Leased by Driver Sam as owner First Name e Driver Q / State / Lailin' of `t Unrt Trai No.linngEl e Units: RMMon of M rave WWI v, Apparently Q illegal Drug O Fatigue Q Medication O Normal O Had Been O Sick Q Asleep Q Unknown n.inwnn primary?Code ViolationCharged? Q Yes O No NONE Driverc? 1=Driver Operated 3=Driver Fled Scene ? Vehicle 4=Hit and Run 1 2=No Driver 9=Unknown 04=State Police Vehicle 07 =Municipal Police Veh 09=Federal Gov Veh 05=PENNDOT Vehicle 08=0ther Municipal 98=Other 06=Other State Gov Veh Government Vehicle 99=Unknown rVAULTRUST ner Last Name or Business Name (If Pedestrian, skip this Section) Make Code Vehicle Make Cadillac 19 SS CENTER DR HORSHAM PA 19044 l (see overlay) d 555 BUSINE Model Year e Vehicle Mo VIN 2006 CTS 1G6DP577X60190396 Reg. State Est. Speed Vehicle Towed Towed By License Plate PA 999 Q Yes O No ROADSIDE AUTO R FP12010 Policy No insurance n Insurance Company NCE Q052507753H ` O Yes O No O k ERIE INSURA _ o own Y Tag St 1=Towing Pass. Veh 4=Mobile/Modular Home 7=Semi-Trailer lag No lag ear e 2=Towing Truck 5=Camper B=Other Unrt 9=Unknown 3=Towing utility Trailer 6=Full Trailer wehicle Position E:1 Vehicle Color 06=Yellow 03 07=Silver 08=Gold 01=81ue 09=Brown 02=Red 10=Orange 03=White 11=Purple 04=Green 12=Other 05=Black 99=Unknown Vehicle Tvae 01=Automobile O 1 02=Motorcycle K03=Bus 04=Small Truck (if -02m on 26) fete Form M. Sect (If "20" or '21", Complete initial impact Point 03 00=Non-Collision 14=Undercarriage 01-12=Clock Points JovorwedUnit 13=Top 99 p Fonts 1 AA-5W t12W) 02=Private Vehicle Not OwnedA-eased by Driver 03=Rented Vehicle •pgovement E1 *See overlay 05=Large Truck 20=Unicycle, Bicycle, 06=SUV Tricycle 21 =Other Pedalcycle 07=van 10=Snowmobile 22=Horse & Buggy 11 =Farm Equip 23=Horse & Rider 12=Construction Equip Trolley 25 13=AN 18=0ther Type Spec Veh 98=0ther 19=Unk. Type Spec Veh 99=Unknown Damaa?fidic?to! ? O=None 2=Functional 3 1=Minor 3=Disabling 9=Unknown PENNDOT COPY Special Usa 1 00 12=Commercial Passenger 00=Not Applicable Carrier 01 =Fire Veh 13=Taxi 21 =Tractor Trailer 02=Ambulance 03=Police 22=Twin Trailer 08=Other Emergency 23=Triple Trailer 31 =Modified Veh Vehicle 11=Pupil Transport 99=Unknown Gradient 3=Downhill 4=Bottom of Hill 1E 1=Level 5=Top of Hill 2=Uphill 9=Unknown Road Alignment 1=Straight 2=Curved 9=Unknown Files/20091194892009120215595959... 12/2/2009 Page 4 of 9 Print CRS W0134381 IIII?I? III I?I? ? flI I®61'I?i9(EALQI41 Off PENNSYLVANIA I II I Crash Number _.J COR POLICE CRASH REPORTING FORM Page: AA 500 2 PoiKeuseo?y W0134381 Motor Vehicle in Q Hit& Run Vehicle O Illegally Parked O Legally Parked Q Non - Motorized Commercial Vehicle Q Yes Q No T e O Transport Pedestrian on Skates, Q Disabled From Previous Crash it U O Phantom Vehicle Q Train O (if Yes, Complete Form C) o n Q Pedestrian in Wheelchair, etc M, m destrian on Skates, in Wheelchair, etc', Complete For "P ' e or (If 'Pedestrian First Name M l Date of Birth (MM DD YYYY) 1 1956 Unit No 02 O K] I BRIAN Tele hone Number Last Name 7177661481 Delete? Q DIBERT -'- ZI Address 'C* I state 17050 6179 HAYMARKET WAY MECHANICSBURG PA Class Driver License Number State PA e 22141922 Driver or Pedestrian Physical Condition t ed AlcohoVDruas Sus ct Medication Q Illegal Drugs O illegal Drug O Fatigue Q Medication Apparently Q O Use Normal Q No Q Alcohol Q Alcohol and Drugs O Unknown Unknown Drnkin O Had Been Q Sick Q Asleep O a Primary Vehide Code Violation Charged? Alcohol Test Type ?- Q Yes Q No O Other s Q Test Not Given Q Breath Unknown if O NONE Test Given Q Blood O Urine Unknown Driver Ce 1=Driver Operated 3=Driver Fled Scene y Alcohol Test Results Q Test Refused O Results Test Given Vehicle 4=Hit and Run No Driver 9=Unknown a 2 Fol , O Contaminated Results = . _ownerlDriVer 00=Not Applicable 02=Private Vehicle Not i 04=State Police Vehicle 07=Municipal Police Veh 09=Federal Gov Veh Municipal O D ver 0 1=Private vehicle Owned/ Owned/Leased by Dr 01 Leased by Driver 03=Rented Vehicle Vehicle 99 =Unknown tate Gov Veh S 06=Other st Name or Business Name (If Pedestrian, skip this Section) L Owner first Name Same as a Owner LEASE TRUST HONDA Driver Q 1 __j Address / Ci /state !Zip - Vehicle Make "Make Code Honda 37 SUIT NEWARK PA 19713 INENTAL DR l (see overlay) d , 121 CONT Model Year e Vehicle Mo VIN 2008 ACCORD 1HGCP26398AO12242 Reg. State Est. Speed Vehicle Towed Towed By License Plate PA Q Yes O No ROADSIDE AUTO R 999 ETB2033 Policy No fnsurance Insurance company RM 6638566E17-380 e Q Yes ONO O kn n STATE FA ow Y Ta St a Trails Unit No. of a Trailing I Units: .Y 1=Towing Pass. Veh 4=Mobile/Modular Home 7=Semi-Trailer Tag No ag ear T 5=Camper 8=Other 2=Towing Truck ? U 3=Towing Utility Trailer 6=Full Trailer 9=Unknown > Direr of a "Vehid °-n O l rave Vehide Color 06=Yellow 07 K 07=Silver 06=Gold 01=81ue 09=Brown 02=Red 10=Orange 03=White 11 =Purple 04=Green 12=0ther 05=81ack 99=Unknown *movement 01 *see Overlay Vehicle TVae 05=Large Truck 20=Unicycle, Bicycle. Tricycle 01=Automobile 06=SUV 07=Van 21 =Other Pecialcycle O1 02=Motorcycle 10=Snowmobile 22=Horse & Buggy 03=Bus 04=Small Truck 11=Farm Equip i 23=Horse & Rider 24=Train {If "02Complete Form p 12=Construction Equ 25=Troiley m, Section 26) 13=ATV 18=Other Type Spec Veh 98=Other (if "20" or '21", Complete 19=Unk. Type Spec Veh 99=Unknown Form m, section 27) Initial Impact Point 12 00=Non-Collision 01-12=Clock Points 13=Top FORM # M-500 (12102) Damaoe Indicat°? Gradient 14=Undercarriage O=None 2=Functional 1 1=Level 15=Towed Unit 3 1=Minor 3=Disabling 2=Uphill 9=Unknown 99=Unknown == PENNDOT COPY Special Usaae 00 12=Commercial Passenger 00=Not Applicable Carrier 01=Fire Veh 02=Ambulance 13=Taxi 21=Tractor Trailer 03=Police 22=Twin Trailer 08=Other Emergency 23=Triple Trailer 31=Modified Veh vehicle i t=Pupil Transport 99=Unknown 3=Downhill Road Alirlnment 4=Bottom of Hill a 1=Straight 2=Curved 5=Top of Hill 9=Unknown 9=Unknown ]Files/20091194892009120215595959... 12/2/2009 Page 5 of 9 Print CRS W0134381 ` COMMOV41WEALTH OF PENNSYLVANIA ?IINII?IIIII?II?III J POLICE CRASH REPORTING FORM Page AA 500 3 Police use Only W0134381 Gi?iM A 1=Driver D 00=Not APassenger/Occupant i l 2=Passenger es c 01=Driver - All Veh 02=Front Seat Middle Position 7=Pedestnan 8=Other 03=front Seat Right Side 9=Unknown Row ft Side Or 04=Second L e yc a Pa ition P dl os e 05=Second Row - Mid 06=Second Row - Right Side &x_: 07=Third Row Or Greater - B F =Female Left Side M=Male 08=Third Row Or Greater - U =Unknown Middle Position 09=Third Row Or Greater - S ity: ) n e Right Side 10=Sleeper Section of Truckcab ,rv r n ev O=Not Injured 11 =in other Enclosed Passenger Or Cargo Area 1=Killed 2=Major Injury 12=ln open Area (Back Of Pickup, Etc.) 3=Moderate 1M 13 =Trailing Unit 14=Riding On Vehicle Exterior 4= nor Injury B=Injury, Unk 15=Bus Passenger Seventy 9=Unknown if 98=Other 99=Unknown injury E 00=None Used / Not Applicable 01=Shoulder Belt Used 02=Lap Belt Used 03=Lap And Shoulder Belt Used 04=Child Safety Seat Used 05=Motorcycle Helmet used 06=Bicycle Helmet Used 10=Safety Belt Used Improperly i t=Child Safety Seat Used improperly 12=Helmet Used Improperly 90=Restraint Used, Type Unknown 99=Unknown Kai n. C.viinmeni TWO: F 00=None Used / Not Applicable 01=Front Air Bag Deployed (For This Seat) 02=Side Air Bag Depployed (For This Seat) 03=Other Type Air Ba Deployed 04=Multiple Air Bags Deployed 05=Motorcycle Eye Protection 06=Bicyclist wearing Elbow/Knee/Pads 10=Air Bag Not Deployed, Switch On 11 =Air Bag Not Deployed, Switch Off 12=Air Bag Not Deployed, Unk Switch Settingg(( I 3=Air Bag 9=UnknownelmAirr BagrDeployedsh) 1 99=Unknown (3 3=-Not Applicable 1=Not Ejected 2=Totally Elected 3=Partially Ejected 9=Unknown Crash Number 7 OO=Not Ejjec ed / Not Applicable 1=Through Side Door Opening 2=Through Side Window 3=Through Windshield 4=Through Back Door 5=Through Back Door Tailgate opening 6=Through Roof opening (Sunroof/ Convertible Top Down) 7=Through Roof Opening (Convertible Top Up) 9=Unknown Extra anon: . O=Not Applicable 1=Not Extrcated 2=Extricated By Mechanical Means 3=Freed By Non - Mechanical Means 8=Other 9=Unknown ll ___ ---- Ems Agency: HAMPDEN, SILVER SPRI Medical Facility: HOLLY SPIRIT HOSPITAL, HERSHEY M II 0?2? Unit No Person No Delete? Date of Birth (MM-DD YYY A B C D E F 0 ] 103 04 ? 08 30 - 1923 0] O1 O sp No Name / Address / Phone ERRS Transport Same as DONOVAN, ANNABELLE M 104 HILLCREST RD CAMP HILL PA 17011 EM Yes _ Operator G H I Unit No Person No Date of Birth (MM DD YYYY) E F 04 a Delete? _ 18 - 1976 ? E] a 01 V 03 15-1 El 02 O1 O 11 EMS Transport Name / Address / Phone El same as GOLD, AARON J 534 SALMON RD MECHANICSBURG PA 17050 71755 Q Yes O No Operator E F G H I 04 Unit No Person No Delete? 1994 2 F 4 03 0o 3 Date of Birt h 5 uv . ro F E? c] o 0 0 0 02 02 O OS - 25 EMS Transport Name / Address / Phone O No c Same as EMILY HUFFER 534 SALMON RD MECHANICSBURG PA 17050 717554 EM Yes Operator _ H I O Birth (MM DD YYYY) a Ll D E _J 04 F 1 0 1 Unit No Person No Delete? fff] ] 956 EI M 4 O l 1I 03 03 O1 - O1 -? EMS Transport Name / Address / Phone O No C1 Same as DIBERT, BRIAN R 6179 HAYMARKET WAY MECHANICSBURG PA 1705 EM Yes Operator F G H I Unit No Person Na Delete? Date of Birth (MM-DD-YYYY) ? B C 070 03E 04 E] a a 6 03 02 O 06 - 0? - 1995 EMS Transport Name /Address /Phone same as JENNIFER DIBERT 6179 HAYMARKEY WAY MECHANICSBURG OA 1705 Q Yes O No Operator --- Date of Birth (MM DD-YYYY) "D E F G H I Unit No Person No Detete7 - = ? ? ? C I = EXT] ? a O EMS Transport Name I Address I Phone - -J Q Yes O No E) Same as I Operator FORM a AA-5W (12J=) PENNDOT COPY aaP,;/XmlFiles/20091194892009120215595959... 12/2/2009 Wage 6 of 4 Print CRS W0134381 COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM Page AA 500 4 rrorce Use Only O=Non Co illisonGsn 2=Head On 4=AM el Ell =Rear End 3=Rear to Rear 5 ?m (Baddng) C 1=0n Travel Lanes 3=Median Relation. _ to y 2=Shoulder 4=Roadside 3=0a? rk - Sireet- c 1=Daylight Lights M § IRuminatfon 2=Dark - No Street Lights 4=Dusk n O 1=No Af)yerse 3=Sleet (Hall) fNeather_ Conditions Condlhons 2=Rain 4=Snow^__ 1.2 Dry v 2=S la Road Sun`a a nd, Mud, Dirt, V Conditions O= a 1=Wet 3=Snow Covered - Harm EYen? ?/R Most7 U41 rty Pole Plumber t 02 ? O Unit No 01 a El 0 Please Put 3 ? O 1 E:::== Events in SqO?erial ? 0 4 O n is E Horn Event L/R Most? Utility Pole Number -` t 11 F1 O Unit No 02 2? ? O Please Put 3 O c Events in sequential order 4 0 Unit No Harm Event First Unit No Harm Event Iwost rarful armful 02 17 vent m O1 02 vent rn O] h t e rash Do not repeat this informatan w multiple Paw Environmental / Roadwa 1 00 2 3 potential Factors (E/R) 00=None 11=Slippery Road Conditions (ice/Snow) of=Windy Conditions 12=Substance On Roadway 02=Sudden Weather Conditions 13=Potholes 03=0ther Weather Conditions 15 7CD Obstructed ed Pavement 04=peer Roadway 16=Soft Shoulder Or Shoulder Drop Off 05=Obstacle cle Roadway 28=Other Roadway Factor O6=Other Animal in Roadway 29=other Environmental Factor 18 07=Glare c 08=Work Zone Related 99=Unknown 0 12=Wipers E Possible Vehicle Failures N) 13=Driver Seating/ Control 06=Exhaust 14=8 ody, Doors, Hood, Etc w 00-T?e 07=Headlights 15=Trailer Hitch 5 02=8rake System 08=S' nal Lights 16=Wheels rn 03=Steering System 09=0ther Lights 17=Airbags a 04=Suspension 10=Horn 18=Trailer overloaded 05=Power Train 11 =Mirrors 19=Unsecure/Shifted Trailer Load e unit 1 00 2 20=Improper Towing $ No O1 ? 21=Obstructed Windshield 99=Unknown unit 02 t 00 2 No _J Indicated Prime Factor Unit No Factor Code Do not repeal this inramation on 01 08 19 multiple pages. E/R V D P if E/R is the Prime Factor O O O O Type, leave unit No blank _ I? ?III?I?INII? Crash Number M W0134381 6=Sideswipe 8=Hit Pedestrian (opposite Direction) 7=Hit Fixed Object 9=0therlUnknown - _J 5=Outside TrafRCway 6=1n parking Lane 5=Fog 6=Rain & 4=Slush 5=ice 7=Gore (Ramp Intersection) l)=Unknown 7=Sleet & Fog 9=Unknown 8=Other 6--ice Patches 8=0ther Harmful Events (Harm Eventl 01=Hit Unit 1 02=Hit Unit 2 03=Hit Unit 3 04=Hit Unit 4 05=Hit Unit 5 06=Hit other Traffic Unit 07=Hit Deer 08=Hit Other Animal 09=Collision with other Non Fixed Object 11 =Struck By Unit 1 12=Struck By Unit 2 13=Struck By Unit 3 14=Struck By Unit 4 15=Struck By Unit 5 16=Struck By Other Traffic Unit 21=Hit Tree Or Shrubbery 22=Hit Embankment 23=Hit Utility Pole 24=Hit Traffic Sign 25=Hit Guard Rail 26=Hit Guard Rail End 27=Hit Curb 28=Hit Concrete Or Longitudinal Barrier 29=Hit Ditch 30-Hit Fence Or Wall 31 =Hit Building 32=Hit Culvert 33=Nit Bridge Pier Or Abutment 34=Hit Parapet End 35=Hit Bridge Rail 36=Hit Boulder Or Obstacle On Roadway 37=Hit impact Attenuator 38=Hit Fire Hydrant 39=Hit Roadway Equipment 40=Hit Mail Box 41 =Hit Traffic island 42=Hit snow Bank 43=Hit Temporary Construction Barrier 48=Hit other Fixed Ob1ect 49=Hit unknown Fixed Object 50=OvertufrVR011 Over 51=Struck By Thrown Or Falling Object 52=Pot Holes Or Other Pavement Irregularities 53=Jacknife 54=Fire In Vehicle 58=Other Non-Collision 99=Unknown Harmful Event 00=No Contributing Action 01 =Driver Was Distracted 02=Driving Using Hand Held Phone 03=Driving Using Hands Free Phone 04=Making illegal U-Turn 05=Improper/Careless Turning 06=Turning From Wrong Lane 07 Pr=oceeding a After Stop lo Respond To Traffic Control Device Stopped On Road i Passing Or Lane In No Passing Zone The Wrong Way On Street Backing On Roadway 18=Driving On The Wrong Side Of Road 19=Making improper Entrance To Highway 20=Making improper Exit From Highway 21 =Careless Parking/Unparking 22=Over/Under Compensation At Curve 23=Speeding 24=Driving Too Fast For Conditions 25=Failure To Maintain Proper Speed 26=Driver Fleeing Police (Pol Chase) 27=Driver inexperienced 28=Failure To Use Specialized Equip 92=Affected By Physical Condition 98=Other improper Driving Actions 99=Unknown UUnit 01 r It E8:] 2 3 41 1 rUni t 0? 2 3 4 I_ n' <03=Working 04=Pushing Vehicle roaching Or Leaving Vehicle 05=App ing Or Crossing At 06=Working On Vehicle fied Location 07=Standing ing, Running, Jogging, 9B=Other aying 99=Unknown o O1 Unit No 02 FORM 9 A A-600 COPY mages/XmlFiles/20091194892009120215 595 959... 12/2/2009 Page 7 of 9 Print CRS W0134381 J COMMONWEALTH OF PENNSYLVANIA j? PONCE CRASH REPORTING FORM Page AA 500 4 Police use only . J O=Non-Collision 2s Head On Crash Description 1=Rear End 3=Rear to Rear- (Backing) Rotation to Roadwav 1=0n Travel Lanes 3=Median 2=Shoulder 4=Roadside F1 N KR nation v« herCo !d_itions c y Surface Conditions i =uayny, . 1 2=Dark - No _ Street Light ? 1=No ditto se ] Conditions 2=Rain 0Dry = I =Wet 4=Dusk III II?I?IWIIII?IN?? Crash Number W0134381 4=Angle 6=Sideswipe B--Hit Pedestrian 5= ideswipa (Opposite Direction) Same oiradion) 7=HR Fixed Object 9=OtherlUnknown - I 5=0utside Trafficway 7'=Gore (Ramp Intersection) 6=1n Parking Lane 9=Unknown --- -- 9=Unknown 3=Sleet (Hail) 5=Fog 7=Sleet Fog 6=Rain r£ Fog B=Other 4=Snow --- ---._ _ -__ -- - =----- -- 2=Sand, Mud, Dirt, 4=Slush 6=Ice Patches 8=Other 01 5=Ice 7=W t r -. Standing 3=Snow Covered orovmg -_ Harmful Events (Harm Eventl 1 12 ? Unit No El O K:]2 F] O Please Put 3 []o E:::== Events in Sequential order 4 ? 0 0 E Harm Event L/R Most? Utility Pole Number 1 El o Unit No El 0 Please Put 3 Events in F? o E::::= c Sequential order 4 ? ? 0 First Unit No Harm Event Most unit mo namr ?.or }7armful armful vent m O1 02 vent rn O1 02 o rash e rash Do not repeat this information on multipk pages Environmental / Road a 1 00 3 Potential Factors (E/R) 00=None 11 =Slippery Road Conditions (Ice/Snow) 01--Windy Conditions 12=Substance On Roadway 02=Sudden Weather Conditions 13=Potholes 03=01her Weather Conditions 14=Broken Or Cracked Pavement o4=Deer in Roadway 15=TCD Obstructed 05=Obstacle On Roadway 16=Soft Shoulder Or Shoulder Drop Off 06=0ther Animal in Roadway 28=0ther Roadway Factor 07=Glare 29=Other Environmental Factor 08=Work Zone Related 99=Unknown 0 12=wipers a Possible Vehicle Failures M 13=Driver Seating/Control E 00=None 06=Exhaust 14=Body, Doors, Hood, Etc .° 01=Tires 07=Headlights 15=Trailer Hitch 02=Brake System 08=Signal Lights 16=wheels 03=Steering System 09=Other Lights 17=Airbags T1 04=Suspension 10=Horn 18=Trailer Overloaded 05=Power Train 11 =Mirrors 19=Unsecure/Shifted v Unit 03 Trailer Load No 1 00 2 20=Improper Towing 21=Obstructed Windshield 99=Unknown No Unit = 1 2 _ Indicated Prime Factor -Unit No Factor Code Do not repeal this infwma[ron on O 1 OS multiple pages. E/R V D P ff O O (P E/R is the Prime Factor Type, leave Unit No blank FORM a M-500 (sue) 01=Hit Unit 1 02=Hit Unit 2 03=Hit Unit 3 04=Hit Unit 4 05=Hit Unit 5 06=Hit Other Traffic Unit 07=Hit Deer 08=Hit other Animal 09=Collision with other Non Fixed Object 11=Struck By Unit 1 12=Struck By Unit 2 13=Struck By Unit 3 14=Struck By Unit 4 15=Struck By Unit 5 16=Struck By Other Traffic Unit 21=Hit Tree Or Shrubbery 22=Hit Embankment 23=Hit Utility Pole 24=Hit Traffic Sign 25=Hit Guard Rail 26=Hit Guard Rail End 27=Hit curb 28=Hit Concrete Or Longitudinal Barrier 29=Hit Ditch 00=No Contributing Action 01=Driver Was Distracted 02=Driving Using Hand Held Phone 03=Driving Using Hands Free Phone 04=Making illegal U-Turn 05=Improper/Careless Turning 06=Turning From Wrong Lane 07=Proceeding W/O Clearance After Stop To oI Device Stopped On Road s Passing Or lane in No Passing Zone The Wrong Way On Street 30=Hit Fence Or Wall 31 =Hit Building 32=Hit Culvert 33=Hit Bridge Pier Or Abutment 34=Hit Parapet End 35=Hit Bridge Rail 36=Hit Boulder Or Obstacle On Roadway 37=Hit impact Attenuator 38=Hit Fire Hydrant 39=Hit Roadway Equipment 40=Hit Mail Box 41 =Hit Traffic Island 42=Hit Snow Bank 43=Hit Temporary Construction Barrier 48=Hit Other Fixed Object 49=Hit Unknown Fixed Object 50=Overturn/Roll Over 51=Struck By Thrown Or Falling Object 52=Pot Holes Or Other Pavement irregularities 53=Jacknife 54=Fire in Vehicle 58=Other Non-Collision 99=Unknown Harmful Event Backing On Roadway 18=Driving On The Wrong Side Oi Road 19=Making improper Entrance To Highway 20=Making improper Exit From Highway 21=Careless Parking/Unparking 22=OverlUnder compensation At Curve 23=Speeding 24--Driving Too Fast For Conditions 25=Failure To Maintain Proper Speed 26=Driver Fleeing Police (Pol Chase) 27=Driver Inexperienced 28=Failure To Use Specialized Equip 92=Affected By Physical Condition 98=Other improper Driving Actions 99=Unknown -..uy Noit 03 1 001 Z 3 4 4 Unit t C? 2 3 No Pedestrian Action (P) 00=None 01=Entering Or Crossing At Specified Location 02=Walking, Running, Jogging, Or Playing Unit No 03 ?? 03=Working 04=Pushing Vehicle 05=Approaching Or Leaving Vehicle 06=Working on Vehicle 07=Standing 98=Other 99=Unknown Unit No PENNDOT COPY 1PR/20091194892009120215595959... 12/2/2009 Page 8 of 9 Print CRS W0134381 COMMONWEALTH OF PENNSYLVANIA Crash Number POLICE CRASH REPORTING FORM Page AA 500 5 PotKe use ony W0134381 :... ......... ........._........._...... o Witness Name Address - 7172213990 YVETTE KANE 228 WALNUT ST HARRISBURG PA 17101 HANNA MARIE WENK 5138 JENNIFER CIR MECHANICSBURG PA 1 7177373838 17737 Damage O Narrative and additional witnesses: Accident Investigation Notification Issued? 0 Property Cadillac Ca 10-45 RPT, 44303 Carlisle Pk- V1 Donovan CTS ( P12010) , (V3 Dbert (2211418922)/2008 Honda Acccord (ETB2033). V1 was (26494737) 737)!2006 Cadillac crest d when, according to several heading south on Halnd Carl isle Pk V1 struck V2 which wasthead heading west on the Carlisle Pk. Based upone sign scene by V3. was st rest Rd ane where The evidence, tire marks and vehicle roll over onto the spun into the eastbound side of the vehicle. V3lthen cont nued eastron the Carl isle resulting impact caused and suffered Pk where it struck which she was unableto the provide any details of he acc dent. V 1takentooHe shey Med Ct via from several lacerations; West Shore EMS. V2 had multiple airbag deployment. The occupants of V2 were able to exit out of the sunroof a airbag n deployment. the vehicle; they rt transported y a Silver Spirit via Hampden EMS. V3 had Spring EMS after complaining o chest) pai . Roadside Rescue The z driver of V3 was taken Y c towed all vehicles from the scene. Weather and lighting did not appear to be factors in this M accident. M C M FOR Y M•5o0 (1M) PENNDOT COPY P?,/20091194892009120215595959... 12/2/2009 Page 9 of 9 Print CRS W0134381 Crash Number: W0134381 Incident Number: HAM20091100946 Carlisle Pk 6 M 1? Z ri I 1 H UN I I FE V r c i 1194892009120215595959... 12/2/2009 c z /.00 Z/ FV7, Pennsylvania EMS Report - ---- Service Name "._-.-? - - lJnit Name, No. &"Type ?Date Stution ----- 9%2 1 --- -11%28%2009 2-71 / 2100702 /BLS _ Ilampden Township EMS _ County, Municipality & Incideut'Lip YS AP Incid. No. Incident Location CUMBERLAND, Hampden "iownship, 17011 155162 4300 block Carlisle Nike, Camp Hill, NA 17011 Street or Highway Receiving Agency University Hospital -Hershey Crew s O Patient Name Emily Huffer _ C1: Stare, Mike EM'I' 164595 O Street Address C2: Swade, Kevin EMT-P 886027 N , 534 Salmon Rd. C3: i ' City /. p st?tc 1'N 17050 C4: Ir Mechanicsburg L" DOB Phon No. Primary Caregiver: CI Driver: C2 Sex Age Female IS Years 05/25/1994 (717) 12 0633 1Vlileag Patient Number Social Sec. No. Pt. Weight Out On-Scene Uest. In Q.t 204-74-7050 32797 32799 32815 32834 Private Physician Driver's License Times Transporting Assist Units Assist OS Response 'l'ime: 1 911: Medic 83 1123 ER "Cimc: 2 Dis atch: 11:01 P Response Outcome Nature of Incident ALS OS Time: 26 En route: 11:02 Treated, Transp. by EMS Transport Mode ERH Time: 19 Arrive Scene: 11:04 Response Mode Lights and Sirens Lights and Sirens, Destination Time: 70 Contact 11:04 'rotal''ime:: 118 Depart Scene: 11:30 Patient Condition on Scene Patient Condition at Facility 'rime out or 0 Arrive: 11:49 Q? Moderate Mod Unchanged Quarters: Available: 12:59 In Quarters: W CluetComplaint: Auto accident. Current Meds: Stralara. Allergies (mods): None. PMtlx: I ADD. (Narrative D/D: Amb. 71, Medic 86 to the area of hlillcrest Rd. and Carlisle Pike for an auto accident vehicle overturned, class 1. CCC: Informed en-route. Elderly female that is to be still in the veh., and also a male having chest pains. Prior to arrival amb. 2-71 requested to have another BLS sent. Amb. 2-71 AOS in the 4300 block of Carlisle Pike to find the roadway blocked by three vehs. One of which was on its side with sever damage to the rear of the car. There was a young female that was sitting on the curb with her neck being held by a by-stander, and elderly female still inside on another veh. Attendant 1 went to check on the young female on the curb while attendant 2 went to check on other Printed On: 11/28/2009 14:33 Provider R' 1998-2009 Med Media !nc All Rights.Reserved. Page: 1 of 3 F.MStat eportm6(c) Pennsylvania EMS Report `---- _---- IJnit No PCIt No. Service Name 2-71 / 2100702 / 131,S 0902241 Hampdcn'1'ownship EMS Patient Name Date of Birth Social Security Number YSAY ISSlG2 Emily 1lufler 05/25/1994 204-74-7050 injuries. Young female had no visible trauma, but was crying and very upset. CC:"I'm seared." PMH: See above. 1vMEDS: See above. Date 11/28/2009 ALL: None. HPI: Pt. just recalls being struck by another veh., and thinks that she made have blacked out during the wreck. PE/ TX: Pt. c-spine was continued to be held by a by-stander with instruction from attendant 1. Attendant 1 then placed a c-collar around the pt. neck to secured her c-spine. C-spine continued to be held while with assistance by another by-stander a LSB was placed behind the pt. Pt. was lowered back onto the LSB, and then C-spine was txd. from the bystander to attendant 1. With assistance from by-standers, the pt. wag slid into position on the LSB, and secured in the supine position. CID's were placed around the pt. head. Pt. was then list onto the amb. stretcher via a two person lift/ carry, and secured. Pt. was placed in the back of amb. 2-71 to have a proper PE done. Pt. father was the driver of the veh. that the pt. was in, and initially stated that he was fine and just wanted to focus care on the pt. DECAP-BTLS was done, and found that the pt. was having neck and lower back pain. Pt. also stated that the top of her head was hurting her. No visible bleeding was noted from the pt. Pt. had equal rise and fall of the chest, and no kreptus noted during deep inhalation. "There was some left sided tenderness to palpation with a shall amount of bruising in the area of the left upper abdominal quadrant. Pelvis was all intact as well as all lower extremities with associated movement throughout all extremities. Lungs were clear and equal bi-lat. Pt. was restrained passenger in the veh. on, its side, and as well as self extricated by her father. Pt. was hypertensive, as well as tachycardiac. Resp. were normal and non- labored. No complaints of chest pains or shortness of breath were noted. Pt. did state that she was feeling tired and dizzy upon completion of the exam. ALS was requested for the pt. When Medic 83 AOS, pt. care report was given, and pt. care was then txd. Amb. 2-71 then went en-route to University hosp. with Medic 83 on-board, class 2. Pt. was monitored throughout the transport. Pt. was placed on 41pm of 02 via a NC. 11t. condition remained stable, and more relaxed throughout the transport with no new complaints. Pt. care report was given to the receiving facility by Medic 83. Pt. condition remained stable and unchanged upon arrival at the hosp. Pt. was txd. to a hosp. bed in trauma room 1 via a three person lilt/ carry with all immobilization equipment in place. Pt. care report was given to the nurse by Medic 83, and pt. care was then txd. HIPAA signature was obtained. Amb. 2-71 then returned to serv. Printed On: 11/28/2009 14:33 Provider EMStat Repor ing(c) 1998-2009, Mcd Media, Inc. All Rights Reserved. Page: 2 of 3 I Pennsylvania EMS Report ----------------------- Service Name Unit No `--- -- 1'CRNo. N 1lampden Township EMS 2-71 ! 2100702 /BLS )902241 Patient Name Date of Birth Social Security Number PSAP 05/2511994 204-74-7050 155162 Emily Huffer Date 11/28/2009 Time Events Provider Comments i 11:06 Immob: Spinal Immobilization ke Stare, M 1114 Vitals: Pulse: 100; Resp: 24; Oximetry: 99%; B.Y.: 142/92; GCS: 4/5/6 Stare, Mike 11:26 Vitals: Pulse: 100; Resp: 24; B.Y.: 142/84; GCS: 4/5/6 1 Stare, Mike 11:30 Med: Oxygen, Dose: 4 I..PM; City: 4; Route: Nasal prongs Stare, Mike 11:36 Vitals: Pulse: 112-, Resp: 24; Oximetry: 100%; B.P.: 130/; GCS: 4/5/6 Stare, Mike Printed On: 11/28/2009 14:33 EMStat Reporting(c) 1998-2009, Med Media, Inc. All Rights Reserved. <7i v Pro Vt er Page: 3 of 3 ???i? PENN-STATE HERSHEY ti miton S. Hershey medical Center Penn State Hershey Tel: (717) 531-8055 Millon S. Hershey Medical Center Health Information Services, HU24 500 University Drive P.O. Box 850 Hershey, PA 17033-0850 Patient Name: HUFFER, EMILY Visit Number: 13849093 Clinic MRN: 1358149;7506527 Visit Type: Patient Location: EORT; ; Date of Birth: 512511994 Patient Gender: Female ....................... .......... ........ : . ......................... ............................................... ......... Outpatient Letter Final RESULT STATUS: DOCUMENT SUBJECT: Bramley, Harry P (1/4/2010 11:04 EST) ELECTRONICALLY SIGNED BY: December 29, 2009 Name: HUFFER, EMILY HMC Number: 1358149 DOB: 05/25/1994 Date of Service: 12/2312009 Richard Davis, M.D. 4470 Valley Rd. Enola, PA 17025 Dear Dr. Davis: I had the opportunity to see one of your patients by the name Emily Huffer in the Penn State Concussion Program on December 23rd, 2009. She presents to the clinic with her mother. nt on o the Emily is a 15-year-old who was involved in a motor observed veea n?the hospital un iI t>lrovembe930theShwas e ws dischtarged Pediatric Trauma Service and was monitored and home with the diagnosis of a concussion. hes , but the Since that time, she indicates that she certainly has still has some very mPd fight sensitiv'1y to nocl ght Sens tivity. are much better. She denies any fatigue or dizz ness> Her sleep is back to her baseline as is her mood and she also feels that her cognitive iunctioning appears to be back to baseline as well. Past medical history is significant for concussion one year ago while cheer leading and she had symptoms for about 1 week. Page 1 of 3 Date/Time Printed: 1/15/2010 06:43 EST Printed By: Tice, Cindy L PENNSTATE HEKSHEY Milton S. Hershey Medical Center MRN 1358149; 7506527 Patient Name: HUFFER, EMILY -------- Outpatient Letter ..... Medications are Strattera. Socially, she is in the 10th grade in Cumberland Valley. She enjoys dance and likes to get back to dance. She wants to go to college and lives with mom and step dad. REVIEW OF SYSTEMS: As per the HPI, the remainder is negative. , she is in ress, . She PHYSICAL EXAM: Blood pressure is 120!70, weighe4unremarkable. 5 l Heart isregular! Lungs are d ar. Her abdiomen very pleasant, and appropriate. HEENT exams we is 5/5 with is soft. She is well-pertused with brisk capillary refill. examicis exam was grossly intact. app opriate. Deep tendonrreflexes are 214. She has and lower extremities. Sensation is intact. Finger-to-nose negative Romberg and steady heel-to-toe gait. Emily is a 15-year-old status post concussion approximately 1 month prior to my visit, who appears to be clearing her symptoms nicely. RECOMMENDATIONS: A long talk with mom and milt' about concussion, and I do suspect that over the next few weeks to a month she should be back to her baseline problems. I did suggest that she pay attention to her symptoms and if headache certainly becomes a problem, then she should rest. symptoms are ance In regards to return to dance, I do think that it's probably oha?y aCd dthwoukll?probab,Y be a good test to ?seeDhow she suld not pose an increased risk for head injury and increasing Y doing. I did indicate that if her symptoms start to get worse while she is dancing, she should slop this activity and rest. , but did o ahead and I stated, I am hopeful that in the next few weeks her week I did tell that sheecould callgme to d s? prior?tolthe idlowup appointment to see her back in about 3 to visit to see if we need to keep the appointment, but certainly if she still continues to have symptoms, I should see her to discuss options for additional treatment. I stated to mom to contact me prior to the next appointment with any questions that she may have. Thank you for allowing me to participate in the care of one of your patients. Please contact me with questions. Page 2 of 3 Date/Time Printed: 1/15/2010 06:43 EST Printed By: Tice, Cindy L PENN-STATE HERSHEY Nfilton S. Hershey Medical Center Patient Name: HUFFER, EMILY Outpatient Letter. 269846 Electronic Signature on Fite CC: Forward to Addressee: CC: Kerry M Fagelman, MD Penn State Milton S. Hershey Medical Center PO Sox 850 Hershey PA 17033 Sincerely, Harry P Bramley, DO Author Signature Dt/Tm: 04.01.2010 11:04 AM HPS /CO DD: 12129109 DT: 12130109 05:00 AM Dale/Time Printed: 1/15/2010 06:43 EST Printed By Tice, Cindy L MRN 1358149; 7506527 Page 3 of 3 u?' ??' ? ?fi 22/16/2009 11:01 SG4 CMRP051R CLAIMS MANAGEMENT SYSTEM PAGE: 1 GENERAL COVERAGE INFO AUTO ««««««««««««««* * <«NOTE»>> *»»»»»»»»»»»»»» This is a replication of the cragfoinformation tcontainedain CMS. It does NOT contain all the declarations page. For complete information., refer to the original declarations page. ERIE INSURANCE EXCHANGE EFFECTIVE: 11/06/2009 TO 05/25/2010 POLICY NUMBER: Q05 2507753 --________._------------------- ---------------------------- NT: Ap,7034 JAMES B. MURDOCH INS. GRP. INC AGENT PHONE: (717)737-9900 AGE LOB: APV TORT OPTION: F INSURED: KRISTEN J GOLD & AARON J GOLD 534 SALMON RD MECHANICSBURG PA UNIT YEAR MFG MAKE MODEL VIN 17050 2548 E PER PERSON PER OCCUR DEDUCT C COVERAGE --------------------------- POL LVL POLICY LEVEL NO POL LVL COVERAGE INFO AVAILABLE 1G6DP577X60190396 001 2006 CADI CTS/CTS SP INJURY SPLIT LIMITS $ 100,000 $ $ 300,000 100,000 BODILY PROPERTY DAMAGE J D T 100,000 00 $ $ 300,000 300,000 INJURY $ BODILY UNDERUNINS NSURED MOTORISTT 100,0 ROAD SERVICE COMPREHENSIVE $ COLLISION 500 2!, FPB - FUNERAL $ 10 ,000 FPB - MEDICAL $ 15,000 FPB - INCOME $ 25,000 FPB - ACCIDENTAL DEATH TRANSPORTATION-LOSS OF USE-COMPREHE $ $ 1,350 1,350 'TRANSPORTATION-LOSS OF USE-COLLISIO 1GNDT13S462136468 002 2006 CHEV TRAILBLAZE Y INJURY SPLIT LIMITS $ 100,000 $ $ 300,000 100,000 BODIL PROPERTY DAMAGE ST BODILY UN T 100,000 000 1C0 $ $ 300,000 300,000 RIST BODILY INJURY $ MOTO DERINSURED UN , Y Y $ 50 $ 500 Y Y Y Y Y Y 12/16/2009 11:01 SG4 CLAIMS MANAGEMENT SYSTEM CMRP051R PAGE: 2 GENERAL COVERAGE INFO AUTO ««««««««««««««<«»> * *»»»»»»»»»»»»»» ** NOTE This is a replication of the ctheragformationtonnthenorigidnaln CMS. It does NOT contain a refer to the declarations page. For complete information, original declarations page. <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> ERIE INSURANCE EXCHANGE OLICY NUMBER: Q05 2507753 --------EFFECTIVE_-11/'06/2009 TO 05/25/2010 ROAD SERVICE COMPREHENSIVE COLLISION $ 2,500 FPB - FUNERAL $ 100,000 FPB - MEDICAL $ 15,000 FPB - INCOME $ 25,000 FPB - ACCIDENTAL DEATH OF USE-COMPREHE $ 1,350 TRANSPORTATION-LOSS $ 1,350 TRANSPORTATION-LOSS OF USE-COLLISIO 003 1999 FORD MUSTANG GT 1FAFP45XX $ XF189580 100,000 $ 300,000 BODILY INJURY SPLIT LIMITS $ 100,000 PROPERTY DAMAGE UN J D T 100,000 000 100 $ $ 300,000 300,000 INJURY $ BODILY MOTORISTT DERINSURED UN ,. ROAD SERVICE COMPREHENSIVE COLLISION $ 2,500 FPB - FUNERAL $ 100,000 FPB - MEDICAL $ 15,000 FPB - INCOME $ 25,000 FPB - ACCIDENTAL DEATH OF USE-COMPREHE $ 1,350 TRANSPORTATION-LOSS $ 1,350 TRANSPORTATION-LOSS OF USE-COLLISIO 1G6DP567 850155761 004 2005 CADI CTS BODILY INJURY SPLIT LIMITS $ 100,000 $ $ 300,000 100,000 PROPERTY DAMAGE UNINSURED MOTORIST BODILY INJURY $ 100,000 000 100 $ $ 300,000 300,000 UNDERINSURED MOTORIST BODILY INJURY $ , ROAD SERVICE COMPREHENSIVE COLLISION $ ;2,500 FPB - FUNERAL $ 100,000 FPB - MEDICAL 50 500 Y Y Y Y Y Y $ 50 $ 500 Y Y Y Y Y Y $ 50 $ 500 Y 12/16/2009 11:01 SG4 CLAIMS MANAGEMENT SYSTEM GENERAL COVERAGE INFO AUTO CMRP051R PAGE: 3 ««««««««««««««* < < «NOTE» > > *»»»»»»»»»»»»»» This is a replication of thil ctheragformationtonnthenorigidnaln CMS. It does NOT contain a refer to the declarations page. For complete information, original declarations page. <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> ERIE INSURANCE EXCHANGE EFFECTIVE: 11/'06/2009 TO 05/25/2010 POLICY NUMBER: Q05 2507753 - ------------ --- ------------ FPB - INCOME $ 15,000 $ 25,000 FPB - ACCIDENTAL DEATH $ 1,350 TRANSPORTATION-LOSS OF USE-COMPREHE $ 1,350 TRANSPORTATION-LOSS OF USE-COLLISIO ----------------- ___ --- ENDORSEMENT FORMS ------ -------------------- FORM NUMBER EDITION DATE DESCRIPTION POLICY LEVEL FAP AFPF01 AFPA03 UNIT: 001 AFAL01 AFPU01 UNIT: 002 AFAL01 AFPU01 UNIT: 003 AFPU01 UNIT: 004 AFPU01 UNIT DETAIL 001 GMAC ISAOA PO BOX 674 MINNEAPOLIS MN 055440 0674 03/07 DESCRIPTION NOT IN SYSTEM 03/07 DESCRIPTION NOT IN SYSTEM 10/08 DESCRIPTION NOT IN SYSTEM 03/03 DESCRIPTION NOT IN SYSTEM UNINSURED/UNDERINSURED MOTORISTS COVE 03/03 PA- 03/03 DESCRIPTION NOT IN SYSTEM 03/03 PA-UNINSURED/UNDERINSURED MOTORISTS COVE 03/03 PA-UNINSURED/UNDERINSURED MOTORISTS COVE 03/03 PA-UNINSURED/UNDERINSURED MOTORISTS COVE ---------- LIENHOLDER/MORTGAGEE INFORMATION 002 GMAC ISAOA PO BOX 674 MINNEAPOLIS MN 055440 0674 ------------------ ------ ADDITIONAL INSURED UNIT DETAIL Y Y Y 12/16/2009 11:01 SG4 CLAIMS MANAGEMENT SYSTEM GENERAL COVERAGE INFO AUTO CMRP051R PAGE: 4 «««««««««««««« <<«»>> *»»»»»»»»»»»»»» * NOTE This is a replication of tctherinformationtonnthenoriginaln CMS. It does NOT contain all declarations page. For complete information, refer to the original declarations page. <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> ERIE INSURANCE EXCHANGE EFFECTIVE: 11%06/2009 TO 05/25/2010 POLICY NUMBER: Q05 2507753 ------------ 001 GMAC ISAOA PO BOX 618 MINNEAPOLIS MN 055440 0618 002 GMAC ISAOA PO BOX 618 MINNEAPOLIS MN 055440 0618 ____ ______________ DRIVER INFORMATION ----- - - SE # ----- - - - - - - - - - - -BIRTHDAY STATE LICEN 03/19/67 ID NAME 01 KRISTEN J GOLD PA 21486710 26494737 11/18/76 02 AARON J PA GOLD EXCLUDED DRIVER INFORMATION ---------- NO EXCL'D DRIVERS ON POLL ------------- END OF CMS COVERAGE PRINT -------- k???? ??? Z003 03/26/,2010 17: 32 FAX 7177952 ERIE INS 315 Claims Management System CSPP191B Page: 2 03/26/2010 Medical Management Print Req: S KUHNS , 17:00 Medical payments Claim: 0101 71065717 Ins: KRISTEN J GOLD & Claimant: 002 EMILY J HUFFER 100000.00 Paid: Limit: :27929.68 CK Amount Payee Service Date 20091128 to 20091128 JM90887 550.00 00 65 HAMPDEN TOWNSHIP MILTON S HERSHEY ED C 8 2 to 20091128 to 20091128 JP30933 JP30942 . 1 1968.00 MEDICAL F ER MILTON S HER MEDICAL CENTER 009112 20091128 to 20091128 JP30944 97.09 340.00 MILTON S HERSHEY MILTON S HERSHEY MEDICAL E 220091129 0092130 to 20091129 to 20091130 JP31559 JP31571 191.00 R MEDICAL CENT MILTON S HERSHEY 20091128 to 20091129 JP33035 6 4381.00 25 18833 DIV PEDIATRIC SURGERY MS HERSHEY MEDICAL CENTER 20091128 20091128 to 20091130 to 20091128 JP3367 JQ01903 . 934.34 WEST SHORE EMS S HERSHEY MEDICAL CENTER 20091128 to 20091128 J040857 470.00 MILTON el<zl LMG, 12/7/2010 3:19:45 PM PAGE 3/005 Fax Server CLAIM NUMBER LA82 413083502 Q? DATE OIi GO5 1_1r2R12009 RELEASE AND SETTLEMENT OF CLAIM FORM (PLEASE READ CAREFULLY BEFORE SIGNING) _ For the sole consideration of Fourteen Thousand Dollars ($14000.00), paid by Liberty Mutual Fire Insurance Cumpany (hereiuaf tCr referred to as LIBERTY), 1, Kristen Gold, the PARENTlLEGAL GUARDL,*.N of EMILY HUFFER, a minor, for ourselves, our heirs, executives, administrators, successors, trustees, creditors, agents, representatives and assigns, hereby release(s), acquit(s), and forever discharge(s) ANNABELLE M DONOVAN, Any and All Parties Known and Unknown.. LIBERTY, its assigns, directors, officers, employees, a ents, attorneys, insurers, subsidiaries, successors, predecessors, parents, representatives and a iliates (hereinafter "RELEASEES") from any and all claims and demands, rights, damages, causes of action. costs, losses or expenses, whether known or unknown, whether foreseen or unforeseen, whether accrued or not yet accrued, and the consequences thereof (hereinafter referred to as "CLAIMS"), in any way arising out of the incident that took place on 1112812009, at UNK CAMP HILL, PA. The undersigned agrees, individually and on behalf of EMILY WFFER, not to sue RELEASEES for any of the CLAIMS released herein. The undersigned agrees that the above-referenced settlement amount includes any right, claim or demand for pre-settlement or post-settlement interest. It is understood and agreed that this settlement is a compromise of disputed CLAIMS and represents an unliquidated amount of damages that may be permanent, progressive and/or ongoing, and the payment is not to be construed as an admission of liability, fault or wrongdoing on the part ofRELEASEES. RELFASEES expressly deny liability. It is further agreed that this release shall not be offered as evidence in any judicial or administrative proceeding for the purpose of proving any such liability or otherwise. except that this re!rase may be introduced in any proceeding for the sole purpose of enforcing its terms. It is understood and agreed to by Kristen Gold that this settlement money is to be used solely for the benefit of EMILY DUFFER. I, as the PARENl'ILEGAL GUARDIAN of EMILY HUFFER. represent that I am at least eighteen (18) years of age; that I have never been declared incompetent by a court or agency of government; that no representations have induced me to enter into this agreement other than the matters set forth herein; that I relieA solely upon my own judgment, belief and knowledge (after consultation with my attorney, if applicable) regarding the extent, nature and duration of the injuries, disabilities and damages sustained, including possible unknown or unanticipated injuries, results, death, disabilities, losses and damages. I expressly waive all CLAIMS of which I know or suspect to. exist. I represent that no promise, inducctnent or agreement not expressed herein has been made to me and that this is the entire agreement between the parties. I enter this agreement under no duress or coercion. The terms of this agreement are contractual and not a mere recital. Should any provision or term of this agreement be deemed unenforceable as a matter of law or public policy by t court of competent jurisdiction, then the balance of the agreement shall remain in full force and effect. (over) ASC251C LMG. 12/7/2010 3:19:45 PM PAGE 4/005 Fax Server All parties to this release shall be responsible for their own attorney's fees and expenses related in any way to this incident, except that, if a breach of this release occurs, the non-breaching xparty pen = shall be entitled to recover, from the breaching party, its reasonable attorney's fees and costs incurred to enforcing this release. The undersigned further represents that there are no past or future liens or rights of reimbursement by any hospital, ambulance service. or other medical provider, Medicare. Medicaid. insurance company, workers' compensation provider, Governmental entity, non-governmental entity, attorney, or person enforceable against the proceeds of this settlement or against the parties released, or the persons, firms, or corporations making the payment herein. If such lien or right is asserted against the proceeds herein or against the parties released or any person, firm or corporation making payment herein, then, in consideration of the payment nt made to the undersigned, the undersigned covenants to pay and satisfy such asserted lien o right. The undersigned promises to obtain a release and discharge such lien or reimbursement right, and to defend, indemnify and hold harmless the parties released and the persons, firms or corporations making the lements ting payment herein, fi-om ?ycement expenses. lien ore reimfees. claims. bursements ght by any person or entity ha ing succh from the assertion n or or enfor lien or right. Notwithstanding anything herein to the contrary, this release shall not release claims that EMILY HUFFER may have, past and future, against medical care providers. The undersigned reserve their right to pursue and recover all future medical expenses from any person, firm or organization who may be responsible for payment of such expenses, including any first-party health or auto insurance coverage, but such reservation does not include the RELEASEES, their agents or employees. I represent and warrant that no other person or entity, other than EMILY HUFFER has or has had any interest in the CLAIMS referred to in this release and that I have the sole right and exclusive authority to execute this release and receive the sum specified in it for the benefit of EMILY HUFFER for all claims. I have not sold, assigned. transferred, conveyed or otherwise disposed of any of the CLAIMS referred to in this release. The parties agree that the consideration and promises contained herein are mutual, adequate and accepted as full and binding consideration. This release agreement contains all of the terms and agreements between the parties and supersedes all, or cancels each and every other prior conflicting agreement, promise and/or negotiation between the parties. This release agreement may not be altered, amended or modified except in writing by all parties to the release agreement. rlti4'25 1 C LMG. 12/7/2010 3:19:45 PM PAGE 5/005 Fax Server CLAIM NUMBER: LA930-0I3083502-05 DATE OR LOSS: 11/28/2009 By sign in below, I afain? eneral released, understand and voluntarily accept the terms of the final settl omen agreement 8 Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of clam containing any materially false information or conceals for the purpose of misleading, information concerning any fact,material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. IN WITNESS THEREOF, we have hereunto set my hand and seal this _day of . 2 SIGNATURE As father and next friend SIGNATURE As mother and next friend I CERTIFY THAT THIS RELEASE was signed in my presence by the above who acknowledged that they understood it fully. Witness name Witness :address AW SIV l? ???? J ? D N N O f1 ? A WppWWWWW WW07W W o 3 w ? a J J>>" J J A] W N N N N?? ,? N N N =ate-4 W?N fD NW NK N 0 _ O NN NN NN-000000 .?+ 00000 ----- 8 0000 0 0 0 0 0 0 co co (O Z C 3 C C C C C C C C C C G N N fD fW?rg ? f?D f?D m m m m m m m m m m m z 3 3 3,3 3 3 3 3 3 3 3 3 Tg Q?? cu rn 2 M m ?Saaton ? 2an0.? m m C C N f?/ ?, C N 41 fA ??S2c?m==2 p mm? fo k-n Z 20000200 0000 N N Z; N y 5 N V N u y 47 N y t%1 y y N y N V N Q1 DDDDDDDDDDD aQaaaaaaan.a O O y3 >>3>>>>>>>> c ?- B B a M N Z n w w lo DDDDDDDDDDD 88888888888 c c c c c c c c c c c 77>777>>>>> N N& N vrN N N N N N M C 7 N -1v W N -1 V NPNOP r• m O O N N O O W O O W N 7 A W W W jN?? _. <D yt W N OD d1 W ? I N NAZI CC, (ONONU70o a)? p A CO A 6 0o A i0 a C0 CO O N t0 000-1(rAA?O 1 EMILY HUFFER, a minor, by KRISTEN GOLD, her natural mother and Guardian, and KRISTEN GOLD in her own right, Plaintiffs V. ANNABELLE DONOVAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYhVAAHA c ZM Z:0 rn W I " ?m NO. 2011-641 -<A w 7tC C-) am' o y °M C 6 EMILY HUFFER ACCOUNT AGREEMENT By, Metro Bank, Mechanicsburg, Pennsylvania: WHEREAS, a copy of a Order Approving Minor's Settlement has been provided to Metro Bank, Mechanicsburg, Pennsylvania; and, WHEREAS, the net settlement proceeds in the sum of $10,167.51 has been deposited in a bank account in the name of Emily Huffer with Metro Bank, Mechanicsburg, Pennsylvania (hereinafter referred to as the "Emily Huffer Account"); and, WHEREAS, Metro Bank, Mechanicsburg, Pennsylvania is insured by the FDIC. AGREEMENT Metro Bank, Mechanicsburg, Pennsylvania, agrees that a hold will be placed on the Emily Huffer Account so that no transfers or withdrawals can be made from the account until Emily Huffer attains her majority, except as authorized by a prior Order of Court. ATTEST: (o By; A,\ N r StM ?er1?Ur C5? Prin a and Position with Bank Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 ey r 9 ?? PRO HO f r 20t1 FES 23 A? 3'' 23 CUM ErA #fl?} NT's' *ntiffs EMILY HUFFER, a minor, by KRISTEN GOLD, her natural mother and Guardian, and KRISTEN GOLD in her own right, Plaintiffs V. ANNABELLE DONOVAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-641 PRAECIPE TO DISCONTINUE TO: Prothonotary Kindly mark the above-captioned matter settled and discontinued. Respectfully Submitted, FREEBURN & HAMILTON, PC By: ) aD?.i Christina L. Bradley, Esq ire I.D. No. 89107 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Date: 02/18/11 Counsel for Plaintiffs