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HomeMy WebLinkAbout01-2398HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOEL CUMMINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICETODEFEND TO: Joel Cummings Leiby's Trailer Court, Lot 310 7043 Carlisle Pike 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 after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to,you. 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 #: 203400 l HALLE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOEL CUMMINGS, Defendant 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 Kimberly Duncan is the mother and natural guardian of minor Plaintiff Halie Duncan, who resides with her and who is 15 years old, having been born on December 9, 1985. 3. Minor Plaintiff Halie Duncan has selected Plaintiff Kimberly Duncan, as her mother and natural guardian, to represent her interests in this action. 4. Defendant Joel Cummings is an adult individual who resides, on information and belief, at 7043 Carlisle Pike, No. 310, Carlisle, Cumberland County, Pennsylvania. 5. On August 19, 2000, Plaintiff Kimberly Duncan was the owner of a 1997 Chrysler Cirrus with Pennsylvania registration plate number BJC2915. 6. On the aforesaid date, Defendant Joel Cummings was the owner of a 1990 Chevrolet Blazer with Pennsylvania registration plate number BDX 1540. 7. On the aforesaid date, at approximately 7:00 p.m., Plaintiff Kimberly Duncan was operating her 1997 Chrysler Cirrus eastbound and was stopped in the right lane of eastbound Document ii: 203400 1 traffic on the Carlisle Pike (US 11 North) in Hampden Township, Cumberland County, Pennsylvania. 8. At the aforesaid time and date, minor Plaintiff Halie Duncan was a right front passenger in the vehicle operated by her mother. 9. At the aforesaid time and date, Defendant Joel Cummings was also traveling eastbound, but in the left lane of the Carlisle Pike (US 11 North) in Hampden Township, Cumberland County, Pennsylvania. 10. At the aforesaid time and date, 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 a fourth vehicle. 11. At the aforesaid time and date, after causing a multi-vehicle collision, Defendant fled the scene of the accident, failed to stopped for steady red lights and eventually was apprehended by the Silver Spring Township Police. 12. Defendant 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. 13. Following his arrest, Defendant was administrated a breath alcohol test with the results of a. 162% blood alcohol content. 14. On February 20, 2001, Defendant, with representation by counsel, pled guilty to driving under the influence and accidents involving death or personal injury and was subsequently sentenced for these offenses on April 3, 2001. -2- Document #: 203400.1 15. Defendant owed a duty to other lawful users of the roadway in the Commonwealth of Pennsylvania, including Plaintiff and her daughter, to operate his vehicle in such a way as to not cause harm or damage to said other persons and to the Plaimiffs in particular. 16. The Defendant breached his duty and was negligent, careless and reckless in the following particulars: (a) Driving while under the influence in violation of 75 Pa.C.S.A. §3731 and applicable law; (b) Operating his vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. §3714 and applicable law; (c) Operating his vehicle in reckless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. §3736 and applicable law; (d) Following too closely to Plaimiffs vehicle in violation of 75 Pa.C.S.A. §3310 and applicable law; (e) Failing to observe the roadway ahead for the presence of other vehicles; (f) Failing to slow or stop the vehicle he was operating so as to avoid a rear-end collision; (g) Failing to maintain and stop the vehicle he was operating within the assured clear distance ahead in violation of 75 Pa.C.S.A. §3361 and applicable law; (h) Failing to apply the brakes to the vehicle he was operating or take other evasive action to avoid a collision with the rear of Plaimiffs vehicle; (i) Failing to maintain adequate control of the vehicle he was operating in order to avoid a collision; (j) Failing to give warning to Plaintiff Kimberly Duncan of his impending collision with her vehicle; Document ii: 203400.1 -3- (k) Failing to keep his vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (1) Operating his vehicle too fast for the conditions existing at the aforesaid time and place in violation of 75 Pa.C.S.A. §3361 and applicable law; (m) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (n) Exceeding the applicable maximum speed limit in violation of 75 Pa. C.S.A. §3362 and applicable law; (o) Otherwise operating his vehicle at an unsafe speed; (p) Failing to stop at the scene of the accident and render aid in violation of 75 Pa.C.S.A. §3744 and applicable law; (q) Failing to drive in a single lane of traffic in violation of 75 Pa.C.S.A. §3309 and applicable law; (r) Failing to obey traffic control devices and signals in violation of 75 Pa.C.S.A. §3111, 3112 and applicable law; (s) Attempting to pass a vehicle on the right in violation of 75 Pa.C.S.A. §3303 and applicable law; (t) Passing a vehicle when it was not safe to do so; and (u) Attempting to overtake a vehicle on the right when it was not safe to do in violation of 75 Pa.C.S.A. §3304 and applicable. 17. As a direct and proximate result of the collision and the negligent, careless and reckless conduct of Defendant, Plaintiffs sustained personal injuries and damages as more fully set forth herein. 18. The Defendant violated Pennsylvania statutes in effect at the time of the accident, is negligent per se and/or as a matter of law. Document It: 2034001 -4- forth. 19. COUNT I - NEGLIGENCE Plaintiff Halie Duncan v. Defendant Paragraphs 1 through 18 hereof are incorporated herein by reference as if fully set 20. As a direct and proximate result of the collision and the negligent, careless and reckless conduct of Defendant, Plaintiff Halie Duncan sustained and in the future may sustain injuries which are or may be permanent, and which include, but are not limited to, the following: (a) Trauma and injury to her back; (b) Trauma and injury to her neck; (c) Trauma and injury to her arm; and (d) Trauma and injury to her head. 21. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff Halie Duncan has undergone and may in the future undergo physical pain, mental pain, discomfort, inconvenience, distress, present, past and future loss of her ability to enjoy the pleasures of life and limitations in her pursuit of daily activities. 22. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff Halie Duncan may be permanently scarred, deformed and disfigured. 23. In total disregard for the safety of minor Plaintiff and others, Defendant drove his vehicle while intoxicated, drove extremely reckless, crashed into the rear of Plaintiff Kimberly Duncan's vehicle, caused severe damage to the vehicle and injured the Plaintiffs, fled the scene of the accident, drove recklessly from the scene of the accident, was visibly intoxicated when Document #: 203400 1 -5- arrested, was charged with several offenses including DUI and pled guilty to DUI offense and as a result minor Plaintiff Halie Duncan is entitled to punitive damages in an amount to be determined by proof at trial. WHEREFORE, Plaintiff Halie Duncan, demands judgment against Defendant 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 Defendant as allowed by law. forth. 24. COUNT II - NEGLIGENCE Plaintiff Kimberlv Duncan v. Defendant Paragraphs 1 through 23 hereof are incorporated herein by reference as if fully set 25. As a direct and proximate result of the collision and the negligent, careless and reckless conduct of Defendant, Plaintiff Kimberly Duncan sustained and in the future may sustain, serious and debilitating 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: (a) Trauma and injury to her neck; (b) Trauma and injury to her back; (c) Trauma and injury to her left shoulder and arm; and (d) Trauma and injury to her head. 26. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff Kimberly Duncan has received extensive Document ~4: 203400.1 -6- medical treatment and was forced to incur medical expenses for the injuries she has suffered and will continue to incur medical bills and expenses in the future. 27. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff Kimberly Duncan was forced to incur medical bills and expenses for the injuries to her child and the minor Plaintiff and may continue to incur medical expenses in the future for her. 28. As a direct and proximate result of the aforesaid collision, negligence, carelessness and reckless of Defendant, Plaintiff Kimberly Duncan may suffer a loss of earnings, may suffer permanent disability, impairment and/or loss of earning capacity. 29. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff Kimberly Duncan has undergone and in the future will undergo great mental and physical pain and suffering, mental anguish, discomfort, anxiety and distress, embarrassment and humiliation, past, present and future loss of her ability to enjoy the pleasures of life and severe limitations in her pursuit of daily activities all to her great loss and detriment. 30. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff Kimberly Duncan has been permanently scarred, deformed and disfigured. 31. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff Kimberly Duncan has sustained incidental costs associated with her injuries including medication expenses. 32. In total disregard for the safety of adult Plaintiff and others, Defendant drove his vehicle while intoxicated, drove extremely reckless, crashed into the rear of Plaintiff Kimberly -7- Document ii: 203400.1 Duncan's vehicle, caused severe damage to the vehicle and injured the Plaintiffs, fled the scene of the accident, drove recklessly from the scene of the accident, was visibly intoxicated when arrested, was charged with several offenses including DUI and pled guilty to DUI offense and as a result Plaintiff Kimberly Duncan is entitled to punitive damages in an amount to be determined by proof at trial. WHEREFORE, Plaintiff Kimberly Duncan, demands judgment against Defendant 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 Defendant as allowed by law. Dated: q/Jo/o/ 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 Plaimiffs Document #: 203400.1 -8- VERIFICATION I, Kimberly Duncan, hereby certify that the following is correct: The facts set forth in the foregoing Civil Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Civil Complaint is that of counsel and not my own. I have read the Civil Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Civil Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Civil Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsificationto authorities. Dated: /_//iq/O! Document#:203400.1 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 ! 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 unsworn falsification to authorities. Dated:l--l/lq/O/ Kiinb..erly D_u_n.c~[n, as parent and natural guardian to Hahe Duncan Document #: 203400.1 SHERIFF'S RETURN - REGULAR CASE NO: 2001-02398 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNCAN HALIE ET AL VS CUMMINGS JOEL RICHARD E. SMITH , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE CUMMINGS JOEL DEFENDANT at 1542:00 HOURS, at LEIBY'S TP~AILOR COURT CARLISLE, PA 17013 JOEL CUMMINGS a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 3rd day of May 7403 CARLISLE PIKE LOT 310 by handing to the , 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this 2~( day of  ,¢ ~4,~ f A.D. honorary ' So Answers: R. Thomas Kline 08/04/2001 HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOEL CUMMINGS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2398 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA SERVED UPON HAMPDEN TOWNSHIP POLICE DEPARTMENT PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiffs certify that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) certificate, a copy of the notice of intent, including the proposed subpoena, is attached to this (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. METZGER, WICKERSHAM, KNAUSS & ERB By Clark DeVere, Esquire Attorney I.D. #68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Dated: /0 - gqLO [ Document #: 219019.1 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and correct copy of the foregoing document with reference to the foregoing action by first class mail, postage prepaid, this~'*~ay of October, 2001 on the following: Joel Cummings, Defendant c/o Andrew Lehman, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 METZ _. WICKERSHAM, KNAUSS & Clark DeVere, Esquire Document #: 219016.1 HALLE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOEL CUMMINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2398 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED (2) certificate, CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA SERVED UPON THE CUMBERLAND COUNTY DISTRICT ATTORNEY'S OFFICE PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiffs certify that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, a copy of the notice of intent, including the proposed subpoena, is attached to this (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. METZGER, WICKERSHAM, KNAUSS & ERB Document #: 219019.1 Clark DeVere, Esquire Attomey I.D,//68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs 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 foregoing document with reference to the action by first class mail, postage prepaid, this oT~Lday of October, 2001 on the foregoing following: Joel Cummings, Defendant c/o Andrew Lehman, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 2 Clark DeVere, Esquire Document it: 219016.1 HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOEL CUMMINGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2398 CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 RULE TO SHOW CAUSE AND NOW, this "~,~ day of 1/¥44J~'~5 ~ ,2002, upon motion of Plaintiffs, Halie Duncan, a minor, by Kimberly Duncan, her mother and natural guardian, and Kimbefly Duncan in her own right, to consolidate, a Rule is entered upon Defendant, Joel Cununings, and Defendants, Johnny K's, Inc., John Kfitikos, individually and t/d/b/a Johnny K's, to show cause, if any they have, why the relief requested in said Motion should not be granted. ~, Rule returnable ~t: ~< ~j~ ~ ~r~ sm ~,.c ~6ff, ~1 procecdins~ tu ~t.: ~r~ k~l~. Document #: 239230. I AUO 19 ZINIZ HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOEL CUMMINGS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2398 CIVIL ACTION - LAW JURY TRIAL DEMANDED HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own fight, 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 ORDER AND NOW, this __ day of ,2002, upon consideration of the Motion of Plaintiffs, Halie Duncan, a minor, by Kimberly Duncan, her mother and natural guardian, and Kimbefly Duncan in her own fight, and the response of Defendants hereto, it is hereby ordered that the above captioned actions are consolidated for purposes of discovery and trial under Cumberland County Civil Action No. 01-2398, which shall hereinafter have a combined caption as set forth above. BY THECOURT: cc: All Counsel Document #: 239230. I 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. 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 JOHNNY K'S, INC., JOHN KRITIKOS, individually and t/d/b/a JOHNNY K'S, Defendants JURY TRIAL DEMANDED PLAINTIFFS' MOTION FOR CONSOLIDATION Plaintiffs, Halie Duncan, a minor, by Kimberly Duncan, her mother and natural guardian, and Kimberly Duncan in her own fight, by their undersigned counsel, respectfully requests this Court enter an Order under Pennsylvania Rule of Civil Procedure No. 213(a) consolidating the above captioned actions for the purpose of discovery and trial and in support aver as follows: l. On April 24, 2001, Plaintiffs commenced the above captioned action against Joel Cummings by filing a Civil Complaint. 2. The Plaintiffs' Complaint alleges that they sustained personal injuries when Defendant, Joel Cummings, swerved his vehicle into the right lane in an attempt to pass the Document #: 239230.1 vehicle in front of him in the left lane and crashed into the rear of Plaintiffs' vehicle, pushing that vehicle into the rear of a third vehicle which was then pushed into the rear of a fourth vehicle on August 19, 2000, on the Carlisle Pike (U.S. 11 North) in Hampden Township, Cumberland County, Pennsylvania. 3. Plaintiffs allege that their injuries were caused by the negligence of Defendant, Joel Cummings, including driving while under the influence in violation of 75 Pa.C.S.A. Section 3731 and applicable law. 4. At the accident scene, Defendant, Joel Cummings, after causing a multi-vehicle collision, fled the scene of the accident, failed to stop for steady red lights, and eventually was apprehended by the Silver Spring Township Police. Defendant, Joel 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. Following his arrest, Joel Cummings was administered a breath alcohol test with the results revealing a. 162 percent blood alcohol level. 5. On February 20, 2001, Joel Ctanmings, with representation by counsel, pled guilty to driving under the influence and accidents involving death or personal injury and was subsequently sentenced for these offenses on April 3, 2001. 6. The parties have exchanged written discovery and one deposition has been taken. 7. After the aforesaid Complaint was filed, Plaintiffs conducted discovery including the deposition of Defendant, Joel Cummings. He testified that he was consmning alcohol in a bar which was later identified to be Johnny K's located at 6427-6437 Carlisle Pike, Document ti: 239230.1 -2- Mechanicsburg, Cumberland County, Pennsylvania, from approximately 3:00 o'clock p.m. to 5:00 o'clock p.m. on the date of the accident on August 19, 2000. In addition, during the aforesaid deposition, Defendant, Joel Cummings, testified that he consumed three beers at the establishment and that he had not had any alcohol in three months. He further testified that he had cut himself off from drinking because he felt that he had had one too many and because he felt that his vision was starting to become blurred. Shortly after he left Johnny K's, Joel Cummings caused the aforesaid accident. 8. On November 16, 2001, Plaintiffs commenced a separate civil action by filing a Civil Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, against Johnny K's, Inc., and John Kritikos, individually and t/d/b/a Johnny K's at Docket No. 01-6515. 9. An Amended Complaint was filed against Johnny K's, Inc., and John Kritikos, individually and t/d/b/a Johnny K's on January 3, 2002. 10. The Complaint against Johnny K's, Inc., and John Kritikos, individually and t/dPo/a Johnny K's alleges that the Defendants violated the Liquor Code including 47 P.S. Section 4o493(1) and Section 4-497 by selling, furnishing, and/or giving liquor, malt, and or brewed beverages to Defendant, Joel Cummings, while he was visibly intoxicated. 11. The Complaint further alleges that the Defendants' acts of selling, furnishing, and/or giving liquor, malt, and or brewed beverages to Defendant, Joel Cummings, also was negligent and that they should have known based on his condition that he should not be served with such alcohol; based on the knowledge that he would be operating a motor vehicle after leaving the establishment; and/or based on the knowledge of his prior alcohol consumption at the establishment and intoxication. Document #: 239230 1 -3- 12. In addition, the Complaint further alleges that Johmly K's, based on information and belief, served persons who were visibly intoxicated on prior occasions and received citations for doing so from the Pennsylvania Liquor Control Board and despite receiving these prior citations, the Defendants have again served a visibly intoxicated person, Defendant, Joel Cummings, resulting in injuries to Plaintiffs and others. 13. On or about March 5, 2002, Johnny K's, Inc., John Kritikos, individually and t/d/b/a Johnny K's, flied an Answer to the Amended Civil Complaint with New Matter. On April 2, 2002, Plaintiffs flied a Reply to Defendants' New Matter and the pleadings are now closed. 14. The parties to the second action have exchanged written discovery but have not yet taken any depositions. 15. Both actions involve the same set of facts and arise from the Plaintiffs' accident on August 19, 2000. 16. Consolidation of the cases will avoid duplication of expense both in additional discovery and trial to the benefit of the parties and the Court. Consolidation will also avoid the necessity of calling the same lay and expert witnesses in two trials, including the parties, medical witnesses, the investigating police officer and toxicologist. 17. Also, Plaintiffs want to assert their right to claim joint and several liability against the aforesaid Defendants at trial. 18. Counsel for Defendant, Joel Cummings, has agreed to stipulate to consolidation; counsel for Defendants, Johnny K's, Inc., John Kritikos, individually and t/d/b/a Johnny K's, has not agreed to stipulate to consolidation. Document #: 2592301 -4- WHEREFORE, Plaintiffs, Halie Duncan, a minor, by Kimberly Duncan, her mother and natural guardian, and Kimberly Duncan in her own right, respectfully request that this Court consolidate both actions brought by them as a result of the motor vehicle accident on August 19, 2000, under Cumberland County Civil Action No. 01-2398 and that the actions be consolidated from this point on for the purposes of discovery and trial. METZGER, WICKERSHAM, KNAUSS & ERB, P,C. Dated: By: Clark DeVere, Esquire Attorney I.D. No. 68768 Andrew C. Spears Attorney I.D. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Document #: 239230 1 -5- 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 foregoing document with reference to the foregoing action by first class mail, postage prepaid, this 15th day of August, 2002, on the following: DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17015 TELEPHONE 71%243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 Halie Duncan, a minor, by Kimberly Duncan, her mother and natural guardian; and Kimberly Duncan, in her own right In the Court of Common Pleas of Cumberland County Pennsylvania Plaintiffs VS Johnny K's, Inc. et al. Defendant Halie Duncan, a minor, by Kimberly Duncan, her mother and natural guardian; and Kimberly Duncan, in i her own right Plaintiffs No. 01- 6515 Civil Term Civil Action Law Compulsory Arbitration .. In the Court of Common Pleas of Cumberland County Pennsylvania No. 01- 2398 Civil Term Joel Cummings VS Civil Action Law Compulsory Arbitration Defendant Defendants' Johnny K's, Inc., and John Kritikos, Reply in Opposition to Plaintiff's Motion to ConsoIidate 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 detemdne 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 aforesaid 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 $15,000.00 in liability insurance and is judgment proof, so in all likelihood, there will be no Joel Cunningham trial. As for medical witnesses, it is assumed they will be presented via videotape and the same tape may be used in both trials. It is defendants' position that the true purpose of the attempted consolidation is to bootstrap evidentiary issues and a potentially large verdict involving an intoxicated driver against the innocent Johnny K defendants. The bottom line is if these cases are not consolidated there won't be two trials. 17. Denied. The defendants cannot be held jointly and severely liable in this matter as there is no way possible for the jury to compare the relative degrees of fault without speculation. This matter being similar to a medical malpractice action/automobile accident type situation which are never consolidated. 18. Admitted. Wherefore, Defendants Johnny K's, Inc. and and John Kritikos respectfully request that this Court consolidate these cases for the purpose of discovery only and not consolidate these cases for purposes of trial. August 30, 2002 · Respectfully, Subrflitted, William P. Dougla~ Esq. Attorney for Johnny K[ Kritikos DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17~13 TELEPHONE 71%243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 Halle Duncan, a minor, by Kimberly Duncan, her mother and natural guardian; and Kimberly Duncan, in her own right In the Court of Common Pleas of Cumberland County Pennsylvania Plaintiffs VS Johnny K's, Inc. et al. Defendant Halie Duncan, a minor, by Kimberly Duncan, her mother and natural guardian; and Kimberly Duncan, in her own right No. 01- 6515 Civil Term Civil Action Law Compulsory Arbitration In the Court of Common Pleas of Cumberland County Pennsylvania Joel Cummings V$ Plaintiffs Defendant No. 01- 2398 Civil Term Civil Action Law Compulsory Arbitration Defendants' Johnny K's, Inc., and John Kritikos, Reply in Opposition to Plaintiff's Motion to Consolidate i. 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 dearly 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 aforesaid 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 ail 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 Respectful~ubn~tted, William P. Douglas,~q. Attorney for Johnny K/Kriti~os 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 CUMBERLAND COUNTY, PENNA. NO.: 2001-2398 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Joel Cummings, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. By: I.D. #: 47593 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this ~ day of May, 2001, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 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 JOHNNY K'S INC., JOHN KRITIKOS, individually and tJd/b/a JOHNNY K'S, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6515 CIVIL TERM 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 tJd/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.~ or.l,-°% Edgar B. Bay~y,~~ ' See Terwilliger v. Kitchen, et al., 781 A.2d 1201 (Pa. Super. 2001~'). ~Folark DeVere, Esquire r Plaintiffs ,/,~V_ illiam 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 HALLE DUNCAN, a minor, Dy 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 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 : 01-6515 CIVIL TERM ORDER OF COURT ~?~. $'~" day of March, 2003, upon consideration of the AND NOW, this 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 Halle 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, W~ckerhsham, P.C., for counsel fees, the sum of $625.00. (c) To be paid to Metzger, Wickersham, P.C., for expenses, the sum of $90.91. (d) Counsel for plaintiff shall file proof of said deposit with the Prothonotary with a copy to be forwarded to chambers. Clark DeVere, Esquire For Plaintiffs William P. Douglas, Esquire For Johnny K's, Inc. and John Kritikos, individually and t/d/b/a Johnny K's Andrew Lehman, Esquire ~z~ ~ j~. .:~1~o.~ 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 natura3 guardian and KIMBERLY DUNCAN in her own right, Plaintiffs JOHNNY K'S, iNC., JOHN KRITIKOS, individually and t/dPo/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 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 Halle Duncan, fries this Petition for Court Approval of Minor Plaintiff' s Compromise Settlement and in support thereof avers the following: 1. Petitioner, Kimberly Duncan, is an adult individual residing at 321 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Petitioner, Kimberly Duncan, is the parent and natural guardian of minor Plaintiff, Halie Duncan, who resides with Petitioner, Kimberly Duncan, and who is 17 years old, having been born on December 9, 1985. Document #263049 -1- 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, Duncarmon, Perry County, Pennsylvania. 5. Defendant, Johnny K's., Inc., is a Pennsylvania corporation with a former place of business at 6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 6. Defendant, John Kritikos, is an adult individual who resides, on information and belief, at 50 Hoover Road, Carlisle, Cumberland County, Pennsylvania, 17013. 7. Defendant, John Kritikos, formerly owned the property at 6427-6437 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055, and formerly did business as Johnny K's. 8. On August 19, 2000, Plaintiffs, Halie and Kimberly Duncan, were involved in a multi-car accident caused by Joel Cummings on the Carlisle Pike, in Hampden Township, Cumberland County, Pennsylvania. 9. The accident occurred when Defendant, Joel Cummings, swerved into the right lane in an attempt to pass the vehicle in front of him in the left lane and crashed into the rear of adult Plaintiff's vehicle pushing her vehicle into the rear of a third vehicle, which was then pushed into the rear of the fourth vehicle. A 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 Complaint 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 t~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. Halle 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. Haiie has not treated since and l~as recovered. A true and correct copy of her treatment records are attached hereto as Exhibit "B" and incorporated herein by reference. Document #263049 -4- 21. Minor Plaintiff, Halie Duncan's medical bills in the mount 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%) pement, 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#263049 -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 Krhikos, 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 Halle Duncan for the purposes of this Petition, the sum of $1,784.09 for the immediate benefit of Halle Duncan; (b) To be paid to Metzger, Wickersham, P.C., for counsel fees, the sum of $625.00; and (c) To be paid to Metzger, Wickersham, P.C., for expenses, the sum of $90.91. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: Document #265049 By: Attorney I.D. No. 68768 P.O, Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs -6- Exhibit A  COMMONWEALTH OF PENNSYLVANIA POLICE ACCIDENT REPORT ~REFERTO O~R~YSHE~S ~PO~TABL~ ~ NON-REPORTABLE~ NUMBER AGENCY 4. PATROL 3. STATION/ 20. COUNTY CODE PRINCIPAL ROADWAY INFORMATION 23. SPEED ~4, TYPE ~ ~'~, ACCESS L,M,¥ '-/0 BIG AY 0 r%DNTRDL / INTERSECTING ROAD: · ',~{~',~:;~ACClDENT..IN.FORMAT'O.~~ STREet NAME o~v { ~ ~ OF UN~S ~ IF NOT AT INTERSECTION: 13. ~ KSED ~4.' 'N'~ED 15. PRtV. PROP. ACmOE~ Y ~ N ~ 30. C~SSSTRE~OR REMOVED FROM THE SCENE? 0 - NONE UNIT 1 ~ {::ROM S~E N S {:ROM SEE ~, ~ MI, 47. BODY ~] PECIAL '4g'~ VEHICLE 0'2_ ds^ E 0 O NERSB,P '55 G~IE~ ~- ~ PRESENCE } ~ i 56. GRIVER 60, C~, STATE 62. DATE OF 63. PHONE ~. COMM. VEH. {65. DRIVER 67. CARRIER ~ 68. CARRIER 69. CITY, STATE & ZIPCODE 70. USDOT # 72. H, 75. NO. OF AXLES .AA-45 (7/98) 73 CARGO DY TYPE 76, HAZARDOUS MATERIALS PUC # 74. GVWR 77. RELEASE OF HAZMAT Y [] N [] UNK[] 3273021 68. CARRIER ADORESS 6g. CITY, STATE & ZIPCODE 70, USDOT # IICC # (~H. 73 CARGO ONFIG. ~DY TYPE 75. NO. OF NAZ ARDOUS AXLES MATERLALS PAGE: J PUC # 74. GVWR 77. RELEASE OF HAZM Y [] NDUNF PennOOT - EHS ~ ROAD SURFACE B4 PENNSYLVANIA SCHOOL D~BTR~CT /IF APPLICABLE) 85. DESCRIPTION OF DAMAGED PROPERTY OWNER INCIDENT #: I~ "7 C) -- CrO__ ACCIDENT DATE: S~- I q ~ O1:} H I J K L M q~ %ao 1 o~ ~ ADDRESS DETAILS. LIKE INSU~NCE iNFORMATION AND LOCATION OFTOWED VEHICLES I~ KNOWN. ~ME '[ ~ ~ ADDRE~ PHON WffNE~E8 ~ ~ ADDRESS ' PHONE 89, VIO~TIONS iNDiCATED . ' 90. SECTION NUMBERS [ONLY tF C~GED} TC NTC ~ 92.)~PE ~3. R~SULTS ~ PROB~LE ~ 9~PE 93 RESULTS ' cOMMONWEALTH OF PENNSYLVANIA * POLICE ACCIDENT REPORT REPORTABLE J~ NON'RE~ORTABLE[~ PENNDOTUSEONLY - ~ ,-~,~ ~ MA~ ON ,~,:~,.~ ~J~ CODE NUMBER -- 4, PATROL ~.ST^TION'-- - ---- I ZONE 5ud pReblNCT. , BADGE NDMSEB I et- { 5. INVESTIG OR 6. APPROVED BY NUMBER PRINCIPAL ROADWAY INFOI'(MATION STREET NAME ~. TYPE 25, ACCESS 23' SPEED ~O ~HiGHWAY O ~cONTROL ~ LIMIT INTERSECTING ROAD: DATE ~OF 4.# tNJURED 13. # KILLED O 16. DiD VEHICLE HAVE TO BE FROM THE SCENE? UNIT~'~ UNIT~ MATERIALS 10 DA OF WEEK OF UNITS 15. pRiV. PROP. ACCIDENT y ~ 17. VEHICLE DAMAGE O- NONE UNIT J~ 1 - LIGHT 19. PENNDOT PROPERTY LEGALLY Y ~1 37. REG. 39. PA TITLE OR oUT-OF-STATE VIN ~C~ (~ C~ C[ ~--_~ O ADDRESS 28. TYPE · ACCESS IF NOT AT INTERSECTION: 30. c.oss s~R~T o. SEGME~ MAR~R 31.DIRE~ION S ~ 32. DISTANCE FROM S~E N 33. DIST~CE WAS M~SURED CONSTRUCTION ~ ~O~L PRINCIPAL INTERSECTING 36. LEGALLY Y N~37. REG, ' &ZlPCODE LA-~r_.CrS, VE~C~E STATUS ADDRESS & ZIPCODE COMM, VEH. 65. DRIVER 68. CARPJER ADDRESS 69. CITY, STATE & ZIPCODE 70. USOOT # CONFIG. 75. NO. OF AXLES AA-45 (7/98) ODY TYPE HAZARDOUS MATERIALS 74. GVWR 77, RELEASE OF RAZMAT y [~ N[] UNK[~ 3273022 NUMBER 62. DATE OF 68. CARRIER ADDRESS 69. CITY, STATE & ZIPCODE CONFIG. oDy TYPE 75. NO. OF 76. HAZ ABDOUS 77. RELEASE OF HAZ~ AXLES MATERIALS Y [] N [] UN~ ~PEOPLE 'NFOR"ATION NAME ADDRESS INCIDENT #: ACCIDENT DATE: ¢~ RoAD SUR*^CE L~ i, { ~4, PENNSYLVANIA SCHOOL DtSTR~CT 85. DESCRIPTION OF DAMAGED PROPER~ OWNER ADDRESS .7. NARRATIVE-IDENTIFY PRECIPWATING EVENTS. CAUSATION FACTORS,, SEQUENCE OF EVENTS, WITNESS STATEMENTS. AND PROVIDE ADDITIONAL INFORMATIOH ~ ~ [ ¢.~, INSU~NCE COMPAN~ AA-45(7/98) USE n[ 92 TYPE 93 RESULTS NO T ST 91 PROBABLE _%~ D..I~I,_ O .'l O -- ' ~RE"USE' COMPLETE 3273022 f~,, COMMONWEALTH OF PENNSYLVANIA (~ REFER TO OVERLAY SHEETS ~J PAR CONTINUA TION SHEET REPORTABLE [~ NON-REPORTABLE [] ACC[DENT COUNTY NUMBER 82 ERSON IN!=ORMATION - USE OVERLAY # 2 SHEET FOR CODES 8~ B C ' D E F G NAME . ADDRESS MUNICIPAL H I J K L UNn' 1 UNiT 2 UNFr 1 I AA-45C (~/92) SECTION NUMBERS (ONLY IF CHARGEO ) TC NTC NO TEST ' 9 . ROBABLE ~..~:IESULTS [~ NO TEST 94. INVEST)GAT)ON ~.. ES'JLTS r--3REFUSE~91.~PusE 92 PE ST j [~ REFUSE COMPLETE ? _ %~ uN,<lu,i,,j Jo. %~ UNN ',ES []NO : PAGE: .~ CENTER FOR HIGHWAY SAFETY Exhibit B 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: Halie Duncan 166-68-4040 12/09/85 Medical Record No.: Number of eag~ ] of Holy Spirit Health System Subsq~_~e_d and $),vorn to before me day of~2/~000. My commission expires on: Seal Stouffer, Noteq/Public Cumberl.,n<J Oount'/ Explree Dec, 11,2000 Document #: 185090.1 ItL4't LR f NAHt : ADDF. IE 5b; [~ If;' II1£)¢ I L ' LMPLOYER: (,t)J'JflL NJ ', N (-~blL : I;;LG DATL: 0[~/'19/00 ',"0'36 PI#; l~blOlO0 HRII: L)IJNC,"AN ,JILL IL. d ~,,~, #: 166 68-4040 UNLM['LOYLD OCCL)F'~IION: UNE/51UDLNI / / / NONE RMO: Lbl[_RGLNCY CONIAL1 INFORMAl ION ' ~L INt ORH~I ION t(EI ER b~: Vlbi I GL]NIC LOFt-: LRT RCCIDEN1 IN[ UhtHA1 ION ACC [FID': A ,JOB Rk'LRFEO: N RONI SLAI-I,'LSI LOC.~ I ! ON: OUARANiOR INFORMAIIOIq · 'AHkr Culr<) ~FRANC]S I-'] F,'EL lO OUAR; D 55 #: ]L)ORL"~':,: ,~! HOOLfiIOWN I~£)AD /MECIIANIL~BURL, /PA/l/OhS '"'H #: 7t7 HPLO'i'LFRr OVERN ] L, 14T [HOC)4 I NG CON I AC'I NAME; l NSURANCL 1NFORHAI ION 5U[-JSC[-~IL]E[~ t,:[L ['C. vr t' CRRD t'RELLI4:'I'.,'AUTJ-J ¢ PRL(.LR'I PHONE # DUNCAN ~ K I HBLRL'¢ t./ Y I4 1/ C,'IJIRt ,I t~RblClt; 0 Y Y INE, tJP.ADDb4LSSr f'O ~fJ~4 ~01~ BLL)L BI.LL f'A 1 NSUF;, AL.'gT,:L~,L~: 1 NSUR, Abl.)T,~L ~: CONSENT TO MEDICAL TREATMENT I HEREBY CONSENT AND AUTHORIZE Hoiy Sptr~t Hcap~tal. ~ts ~9ents, and employees, to the randar~ng of meqmal ce, m, which may routine diagnostic procedures and such medical treatment aa my attending or consulting physician consmders to be necessary I also under- stand it is customary, absent emergency or extraordinary mmumstancas, [hat no substantial procedureS w~ll be i3erformed upon me unless or untml ~ have had an opportun~y to discuss them w~th a physician or other hee~th cam professmonal to my sabsfactlon If I am a competent adult, I have the right to consent or refuse to consent I understand that the practice of medicine and surgery is not an exact science and that d~agno- s~s and treatment may revolve risks of mlury er even death and acknowledge that no guarantee has been made to me as to the resu~ of any exam~natmn or treatmenl in th~s HOsp(tal I understand many el the physicians on the staff of Holy Spirit Hoap~ are not employees or agents of the Hesp~tai, but rather am ~ndependant contractom who have been granted the prrv~legs of using Ihsse fac~btms for the care and treatment of their bet~ante Further, f realize th~s Hospital ~s e teaching Hospital ~nd at ~he HospRal am health care pemo~nel m t~nmg who, unless expressly requ~'--ted othenmse, may part~pate or may be present duong my care as parl of their educabon Still or mot{on pictures alld closed circuit mooltorlng of pabant care may also be used for educat~at purposes, unless I expressly request otherwise I understand that ~n order to ensure a safe enwrenment for pabenls, vis,tots and staff all property on the p{'emlses of Holy subject to reasonable seamh and/or seizure at any t~me without turther noace Imtlats RELEASE OF MEDICAL INFORMATION I authenze Holy Sprat Hcap~tal to release to requesting health insurance carner(s), thmr representatwes and auditors, and any refernng health care prav~dere, such d~agnosttc and therapeutic mlormabon (including any mformst~on reta~ang to treatment f~r alcohol and substance abuse and/or freatment of osychlatnc d~serders, and/or confldent~ HfV retated ~nformat~on. as may be necessary for them to determine benefit snt*- tlement, to process payment cta~ms for hearth care services provided during thru hospitalization/treatment episode, ~nd for care/treatment A photocopy or carbon copy of th~s authorization shall be considered as effscbve and valid as the onglnal The undersigned also authorizes Medicare, when apphcable, fo re~sese to another ineura~lce career, upoo their request, medical reformation needed to make payment upon that cta~m I underst3,nd and consent that the manutaoturer of any ~mptantabta ~evtca msert~d by my phys~ar~ dunng the coume of my suq;i~)l~Jp~ocedure may he prowded with my Ident~fJcal~on mformat~on, including social se~unty number, as mandated by Federal Law Imt~als -J'~'~..- INSURANCE ASSIGNMENT OF BENEFITS I authorize payment d~rect¥ to Holy Sp~rrl Hosprlsl and my treating p,hys;c~ane of all benefits payable under my insurance poho~ee ~ln._~rsta~ I am re~onmb[e to the Hob;Iai and physicians ~r all charges not covered ~ th~s ass~gn~ th~als ~ v ~ STATEMENTTO PERMIT PAYME~ OF MEDICARE BENEF~S TO PROVIDERS, PHYSICIANS AND PATIENT I reque~ p~yment o~ A~onz~ M~l~Te ~nefl~ ~ me or ~ my behatt ~or any se~s tumtshed me ~ or m ~y Sptnt Hos~t~t inci~mg ~ys~ctsn ssrvr~s I au~nze ~ny holder of m~l and other in.freshen a~ut me, to mle=~ fo M~cam and i~ agenmss any mformat~on ~e~ed ~ determine t~ ~ef~ for te~ted se~v[~s InKle}S MEDICAL ASSISTANCE RECIPIE~ My s~gn~tures call,frae ~at t m~lved a so.ice or ~tams from Holy Splat H~p~ and Dr on the date hst~ bel~ I un~m~nd ~at payment ~r ~s se~me or item ~11 ~ from F~er~ and S~te ~nds, end that any ~lse claims, ~lements, or do~ments, or con~almant of m~enal m~y be prosecuted under apph~ble F~e~l end S~te ~s I unde~nd that ~am t~s and pro.urns m~ not ~e mlmbum~ by Fedem~ and ~ate funds and that I may ~ ms~ns~ble ~r ~n c~r~ char~s Nee, I ague that ~ at ~e t~me ~ ~rm~, ~f I am nm ehg~e ~r Med~t ~stan~, I w~l[ be res~n~e far b~lancas owed to Holy Sprat Ho~[~[ Initials I have read e~ un~ e~h of ~e ~ons co~med abo~. I un~nd that ~ el~g ~ d~m~ I am ~lng and providing t~ au~tlo~ con~ cont~n~ In ~ of ~e above s~. ~ ~ initla]~ am ~ed. I ~vi h~ ~e oppo~un> ty to ask q~a~ns r~a~lng ~ of the~ s~tlons and all ~h q~tlon& a~ ~ave ~n ana~ to my ~fll~lon. CONSENT FOR TP~EATMENT/ I~3.,EASE. OF INFORMATION INSCrRANCE ASSIGNMENT CHART COPY ADM. DATE: 08/19/2000 CHIEF COMPLAINT: Motor vehicle accident wfi~h thoracic back para HISTORY OF PRESENT ILLNESS: 14-year-old who was restrained nght front seat passenger rear-ended by another veh~cJe The veblcle she was dnwng ~n ther~ struck another vehicle Their a~r bags were not deployed The child d~d ambulate afl, er th~s event She ~s complaining of mtGthoractc back pain 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 ch~lls Eyes No vis,on loss, eye pain, double WSlOn, glaucoma, or catarac{s ENT. No ws~on loss, earache, d~zzmess, nosebleeds, s~nus trouble, or sore throat Cardlovaacular No chest pain, palp~tatmr~s, swelling of feet, or heart murmur Respiratory No cough, sputum pmductmn, wheezing, or cougblng up blood Gastrointestinal No nausea, vomiting, diarrhea, constipation, abdominal pain, or rectal bleedlng Genitourinary No blood ~n unne, t)a~nful urination, or frequent ur~natmn Musculoskelatal M~dthorac~c back pa~n Skin No rashes, lumps, dryness, ~tohmess, or sores Neurological No d~zzmess, blackouts, seizures, paralys~s, numbness, or t~nghng CONSTITUTIONAL; In general th~s ~s a very pleasant '14-year--old female who was m~t~al[y s~tt~ng ~n a chair when I first evaluated her EYES; Conjunct~va without discharge or ~njectmn L~ds without les~ons. PERRL HOLY SPIRIT HOSPITAL Camp H~II, PA 17011 EMERGENCY ROOM REPORT Page I of 3 NAME Duncan, Hahe J MR# 201783 ROOM ER1 DR NOELLE ROTONOO, D O ORIGINAL NAME: Duncan, Halle J MR#: 201783 ENT: Ears Tympamc membranes w~thot~t perforation, in}action, or bt~ig~ng Mouth L~ps, teeth, and gums normal Throat Oropharynx w~thout lesions or exudate A~rway patent Nose Nasal mucosa normal Smuses No emus tenderness NECK: Supple, symmetrmal, non-tender, no lymphadenopathy Trachea m~dl~ne Thyroid palpabte LUNGS: Normal respiratory effort Breath sounds equal No tales, rhonchh or wheezes CARDIAC: Regular rate and rhythm w~thout murmurs, ectepy, rubs, or gallops No pedal edema Gl/ABDOMEN: Soft, non-tender, normal bowel sounds, no masses No hepatospienomegal,/ SKIN: Normal colorand turgor No rashes or les~ons EXTREMITIES: Patient w~th 'I'7 and T8 m~dhne tenderness to palpation NEUROLOGICAL: Alert and onented to person, ptace, and t~me Cranial nerves ~r~tact Sensory and motor function normal. Reflexes symmet~cal DIAGNOSTIC PLAN: My plan m to obtain thoracic spine films, although clmlcally I believe the patient's symptoms are more [~kel¥ musculoskeletal in nature ~he was in the emergency department w~th her mother I w~ll be g~wng her head ~njury p;'ecautions DIAGNOSTIC RESULTS: C-splne films are negative MEDICAL DECISION MAKING AND COURSE IN THE EMERGENCY DEPARTMENT I d~scharged the patient home with head injury precautions I believe the ebology of her symptoms are moat hkely secondary to a thoracic strain aa a result of the motor vehicle acctdenl and ~s most I~kely is musculoskeletal m nature DIAGNOSTIC IMPRESSION: back para Status post motor vehtcte accident w~th musculosketeta~ DISCI~RGE INSTRUCTIONS: 1 Head mjury precautions HOLY SPIRIT HOSPITAL Camp H~II, PA 17011 EMERGENCY ROOM REPORT Page 2 of 3 NAME Duncan, Halle J MR# 201783 ROOM ER1 DR NOELLE ROTONDO, D O ORIGINAL -NAME: MR#: Duncan, Hahe J 201783 NPJIb DOC # 77398 D 08/1~2000 T 08/216000 5 58 P 009373 NOD..LLE ROTONDO, D O HOLY SPIRIT HOSPITAL Camp Hill, PA 17011 EMERGENCY ROOM REPORT Page 3 of 3 NAME Duncan, Hal~ J MR# 201783 ROOM DP. NOELLE ROTONDO, D O ORtGINAL initial I.~b & X-Ray Orders: Lab~ / U.'~ne ~/~=/mens I ] 6~P ] Ly~e$ [ ] T~x Scree. I ] Unne Tox ~reen [ ]U/A ( ] Unne C& 8 Billing Cl~lfleatlon: [ ] Leve~ ~v Serum Acetone [ l O(her Theophylme Thyrmd Profile Holy Spirit Hospital Camp Hill, PA John R O~etz Err~rge~cy Center Phy$~ta~ Or,er ~heet CHART I ) ~8~ PN~I~ qqq [ ] Obtain old recordl. Inltlala: ~K~ Signature: Inltlala: Signature: InltlMs:, Signature: RN RN RN Age: /</ TrlaBeTIme ,-~ O. ~'2 P~m~e injury occu~ld [ ] Home [ ] Induetry [ ] Fl~r~tl~l ~<~MVA [ ] O'(her Alle~le~lons: Immum~U~s U~ [ ] N [ ] Y LastT~n~: ~P We~gM' . ~l~U~ (11 H~ pa~e~t been ex~d in the ~st m~th to meE~les, chckenpox or ~N [ ] Y [ ]UNK Are th~re Advance Dlre~lve~NIA [ ]N [ ]Y Are ~pl~ ~v~flab~ [ ]~A []N [ ]Y (A~ [ )N [ E~rem~ Evaluatl~: Oble~Wa ~O x: ~ Re~pirat~on~ Sym~tn~ & u, ~, ~d ~km te~eratu m & color WNL [ IOxygen [ ]NC I ]~ask [ 1 ~V Scan Medlcatton/Do~e/Fmquency Imrnoblhzatm~ [ ] CID [ 1 Bad/JJo~ [ ] c. Co{la~' [ ] Sphnt L/Mm [ ]Airway [ ]Ne. ssi [ ]Oral [ lET# Gauge , $1~e -- Last ~ M~lcatlon/l~3~/Freuuen~w Past Medical/Surgical Hlstory:"?._/~',"~NJ'~"~J"'Y',~l'<--,, ~-~'~.. ~ o~kA_~*,9.~ Data obtained by: t~ ~.. q f R.N MA Report CalleqL____.~ Admitted to Holy Spirit Hospital Camp Hill, PA John R, Dietz Emergency Center ECU Nursing As~e~ment CHA~.T COPY Date: AI4~4~ment. Time: V~.~ 8~gns MonRor 02 Saturation Lung Assessment EKG Labs PCX~ ~pme ~nt to ~d~o~y Return~ ~ Radmlogy NG Inse~ton Wound Care P~n ~le (0-10) Intake & Ou~ut IV Therapy D~te Time Amount ~lullon C~et~r Sits Rate Control C~ndltlon AttemFle Inltlsla Initials: ..) ~nltla~ ~ 2A-Erythsms Holy Spent Hospital Camp Hdl, PA Emergency Patient Documentation 205 ECU Revised 5/96 JD. BFI, MD CHART COPY Rate 3-Pam Control 4-Hardness 1 -AVl r ill[ J ';,~"/0C PATIENT, DUNCAN. HALLE J MR#: 201783 SOC SEC 166-68-4040 ORD DR. ED GROUP M D PT TYPE: E ADM DATE. 08/1912000 LOCATION' ER1- Holy Spirit Rospltal Department of Radiology and Diagnostic Imaging Camp Hill, Pennsylvania 1701 (717~ 763-2600 DICTATION DATE: Aug 20 2000 9 52A TRANSCRIPTION DATE: Aug 20 2000 11 11A ARRIVAL DATE: HOSP SERVICE' ***Finat Report*** EXAMINATION: THORACIC SPINE 72072 - Aug 19 2000 COMMENTS INDICATION - back pa~n following MVA Exam~natmn of the thoracm spree reveals no ewdence for fractum Ahgnment ts normal Them ~s no abnormehty of the paraspmal soft t~ssues CONCLUSION. Normal thoracic spine DICTATED BY: BARBARA KUNKEL M D t DLG DATE OF EXAM: Aug 19 2000 SIGNED BY' DATEJTIME: BARBARA KUNKEL M D Aug 20 2000 3 44P /DO Imaging Services Consultation Sore Throat ~ormna and St~uns FOt. LOWR. IP T~S ,s our ,~ecamrnendat~n for foll~-~ ,~u~ (~O) ~u~r~ a ph~an ~{ ~r e~ul~. ~ I$ YOUR R~P~B(~ TQ ~T~N THE ) Fo~ow-up ~ ( )U~m ~t~ { ) F~Iy D~r }Your b~ p~m w~ aev~ ~se ~ ~t T~g~n ~C~ ~CMP ~EKG IOLY SPIRIT HOSPITAL EMERGENCY CENTER NORTH 21ST S'IItF~ET C~ ~ Pk 17~11-$~ (71~ 7~-~16 V~ Abr~ MD 0388~L ( ) Roan H~k DO O~ ~-L )Jo~ ~bm, D 0 ~ ~9~ LL C) Hewed R~,CL, ~62-~ Apply ~ce packs m~e.m't enlly f~r ~ days ~o r,aduce )~ w~ ~r ~ ~d~ ( ) For ~ ~ ( ) Th~ tdt~wmg med~ae~ may cau~ (Imwaness DO NOT O~IV~ OR O~ER&TE MACHINERY WHILE TAKING ~IOL¥ SPIRIT HOSFETAL EI'~2EGENCY CENTER SIGNATURE MD;DO DEA# r~z"*,~cs.j~G ?k 17055 · S-bq-¢340 [O GqOUP '¸1 MECHANICSBURG FAMILY PRACTICE CENTER DUNCAN, HALLE DOB: 12/09/1985 SS#: 166-68-4040 00210054851 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 right side of her neck and cervical area and also tenderness along the thoracic spine. Full range of motion of the neck, although she complains of discomfort when tuming to the right side. Neuro: Cranial nerves II through Xtl 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. DD: 08/24/2000 DT: 08/25/2000 10:06 A/rrh I)#: 703956 Exhibit C OVER,EC. ATTORNEYS ^T L^W --2 2411 NORTH FRONT STREET HARRISBURG, PA 17110 TELEPHONE (717) 232-9900 FACSIMILE (717) 236-9119 ANDREW C. LEHMAN alchraan@nealon -gover.corn 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) Exhibit CONTINGENT FEE AGREEMENT I, [(Im/o~rt~ ~'~ne,~r~ , individually and as parent and natural guardian of [4&h;*. ~'~lae~_j,-,-~ , 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 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, SAID ATTORNEYS DO NOT HAVE ANY CLAIM AGAINST ME OF ANY KIND FOR LEGAL SERVICES RENDERED. 2. Expenses of Litigation: Actual expenses incurred on the business of the client shall be borne by the client and my attomey shall be reimbursed out of the balance, aRer 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 preparationand 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 preparationand presentation o f this case~ Document #: 182430.1 -2- IN WITNESS WHEREOF, I have signed below on this '~ day of August, 2000. : l METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ATTORNEY: Clark DeVere, Esquire Document #: 182450.1 -3- Exhibit E 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 all 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 all bodily or personal 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 specifically 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 severally liable for the said injuries to person or damage to property arising out of said accident, the consideration for this release shall be received in complete satisfaction to the full extent of the fault of releasee(s), whether proportionally allocated or total, as ultimately determined under the law and for which releasee(s) are found liable. In consideration of the below payment, I/we for myself/ourselves and my/our heirs, representatives, executors, administrators, successors, and assigns do hereby: Document #: 262188.1 Page 1 of 3 (1) agree to indemnify and hold forever harmless the releasee(s) and his/her/its/their representatives, administrators, or assigns, against loss from any and all further claims, demands or actions that may hereafter be made at any time or brought against the releasee(s) by me/us or the minor aforementioned, or by anyone in our behalf for the purpose of enforcing a further claim, for which this release is given; Upon execution and delivery of this Release and Settlement Agreement to releasee(s) representatives, Progressive will deliver on behalf of Joel Cummings the sum of $14,000.00 for Kimberly Duncan and the sum of $2,500.00 for Halle 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 office address, within 10 days of the delivery of the signed Settlement Agreement and Release. Within 10 days of delivery of the settlement amounts, the Duncans' counsel will discontinue the civil actions filed against releasee(s) as a result of this accident. 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 $ 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 $ ors VERIFICATION I, Kimberly Duncan, individually and as parem 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 beliefi I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. IGlrnberly Dun~ln, as parent and natural guardian of Halde Duncan VERIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, Halle Duncan, by Kimberly Duncan, parent and natural guardian, and that the facts in the foregoing Petition for Approval of Minor Plaintiffs Compromise Settlement are true and correct to the best of his knowledge, information and belief, and that said matters relating to the Petition for Approval of Minor Plaintiffs Compromise Settlement are as known to the undersigned as to the clients, Plaintiff, Halle 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 heroin are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated:,_? Clark De'ere, Esquire Document CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the forgoing document with reference to the foregoing action by first class mail, prepaid postage, this 26t~ 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 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 '~-~__-J'~'- :r -~> Clark DeVere, Esquire Document #263049 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 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 -2398 j 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 25, 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 her majority unless by Order of a 2679044 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 DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaimiffs Dated: Aprilo~q, 2003 267904-1 Exhibit A ACCOUNT I~ITt. E / OWNER AllfirstBank ~ ~ ~ ' ~ ~ ', ~ DOLLARS i CENTS [~]COMMERCIAL [] IRA RETIREMENT ACCOUNT (CHEEK ONE BELOW) I--IREGULAR [2 *RAUSPER ~ ~ ] ROTH CONVERSION IRA EMPLOYEE ID# allfirst Originating Branch: HAMPDEN Completed By: mar~ie fealtman eanking Services Requested Product Quarterly Statement Savings (0031) UNIFORM TRANSFERS TO MINORS ACCOUNT AGREEMENT PENNSYLVANIA 137 Date: 04/25/2003 Branch of Record: 137 Employee Number: 014730 Source Of Funds: OTHBK I Profltability Center: 05381 Opening CUS Reason: Account Number Checks Account Personafi~atlon 80000002187558 Pre-Authorized Transfer Savings Overdraft Protection HALLE J DUNCAN 321 HOGESTOWN ROAD  Visa Check Card ATM Card PUTMA KIMBERLY M DUNCAN 321 HOGESTOWN RD ADDRESS: ADORESS: MECHANICSBURG PA 17050 166-68-4040 tF~\0i\~,~ (717)897-3333 [-~ Visa Gold Check Card MECHANICSBURG PA 107-52-2945 09/28/1061 (717~097-3333 ADDRESS: co pe, CuourL C O Aa°RES,: SPECIAL MAILING ADDRESS ~TATE: I ZIP CODE: RESTRICTION: Only one Minor and one Custodian per account. This agre~'men{ applies to the aCCOUnt ~umber(s) listed above (Account) at Allfirst Bank (Bank). The Account is established by the above Custodian for the Minor named above, under Pennsylvania Uniform 'rransfers to Minors Act. The Account is subiect to the order of the ,C_ustodian 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 Ava ab ty, Electronic Funds Transfer and Account Disclosures. SUBSTn'UTE W~9 Under penalties of perJuiy. I certi~ that: Tax Payer Identification Number: 166-68~4040 (1) The number shown on this form is my correct taxpayer Identification number (or I am w~iting 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) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding, as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. You must cross out item (2) above if you have been notified by IRS that you are currently subject to·backup withholding because of underreporfing nterest or dividends on your tax return.) The name and TIN certified witl be used for IRS reporting on this account. , Signature: Signature: ~"~J~ ,~ ~/~'Z34-~ Dete: . KII~IBEP. LY M DI~qCAN I DISTRIBUTtON COPY TO CIS MAIL CODE: 501-120 COPY TO CU-~TOMER · YS-~808A-0111 2800 80000002187558 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law finn of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and correct copy of PlainfitTs Proof of Deposit with reference to the foregoing action by first class mail, postage prepaid, this ~ q~-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/dPo/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 DeV~V~rer~re 267904~I HALLE 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. 1N 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 JOHNNY K'S, INC., JOHN KRITIKOS, individually and t/d/b/a JOHNNY K'S, Defendants 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 $1,784.09 and a Uniform Transfers to Minors Account Agreement of the settlement proceeds in the above matter which were deposited on April 25, 2003 at the Allfirst Bank in the name of the minor Halie Duncan, by her mother and natural guardian Kimberly Duncan, "no withdrawal shall be made by Halie Duncan before she obtains her majority unless by Order of a 267904-1 Court of Competent Jurisdiction." The photocopy of the Certificate of Deposit and Uniform Transfers to Minors Account Agreement are attached hereto as Exhibit "A". METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Clark DeVere, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: April,O__q, 2003 267904-1 Exhibit A allfirst' ACCOUNT TITLE / OWNER RllfirstBank ~ ~ ~ '~' t : THiSDEPO$[TSUI~JSCTTOALLTHERULES, REOULAT[ONSANE D~/PRESITTO CONDITIONS OF ACCEPT~CE OF DEPOSIT QF THE ~ANK. ~,{~ CASH $ ~s ~o TOTAL '. [] COMMERCIAL [] ~ RETiREmENT ACCOUNT ICNEC~ ON~ ~ELOW) [] TRANSFER KEOGH ! CORP.' CONT. YR* ROTH CONVERSION EMPLOYEEIO# B allhrst ,Originating Branch: HAMPDEN Completed By: margie fealtman Banking Services Requested Product Quarterly Statement Savings (0031 UNIFORM TRANSFERS TO MINORS ACCOUNT AGREEMENT PENNSYLVANIA 137 Date: 0412512003 Branch of Record; 1:37 Employee Number. 014730 Soume Of Funds: OTHBK I Profitability Center: 05381 Opening Reason: CUS Account Number Checks Account Personalizatlon 80000002187558 Pre-Authorized Transfer Sav ngs Overdraft Protection HALLE J DUNCAN 321 HOGESTOWN ROAD ADDRESS:  Visa Check Card ATM Card PUTMA KIMBERLY M DUNCAN 321 HOGESTOWN RD MECHANICSBURG PA 17050 _166-80-4040 [~,\(~ 17171697-3333 [-]Visa Gold Check Card MECHANICSBURG PA 17050-3121 197-52-2945 09128/1961 (717~097~3333 SPECIAL MAiLiNG ADDRESS 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 ef 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. SUBSTITUTE W-9 Under penalties of penury, I cortJf~ that: Tax Payer Identlflnation 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 ta me), and (2) I am not subject to backup withholding bee. ause: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding, as a result of a failure to report all Interest or divldende, or (c) the IRS has notified me that I am no longer subject to backup withholding. (You must cross out item (2) above if you have been notified by iRS that you am currently subject to backup withholding because of under~eporflng interest or dividends on your tax return.) The name and TIN certified ,,viii be used for IRS repo~ng on this account. Date: KI~BERLY M DI~NCAN J DISTRIBUTION COPY TO CIS MAiL CODE: 501-120 COPY TO CUSTOMER Ii JJllJJ IIIlilllgllllllllllllllll ~ YS-2BOaA-0111 2800 80000002187558 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certi~ that I served a true and correct copy of Plaintiffs Proof of Deposit with reference to the foregoing action by first class mail, postage prepaid, this ,~ q"'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/dPo/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 fight, Plaintiffs VS. JOEL CUMMINGS, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2398 CIVIL ACTION - LAW JURY TRIAL DEMANDED HALIE DUNCAN, a minor, by KIMBERLY DUNCAN, her mother and natural guardian and KIMBERLY DUNCAN in her own right, Plaintiffs VS. JOHNNY K'S, 1NC., 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 PLAINTIFFS' PRAECIPE TO SETTLE, 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 fight settled, discontinued and ended. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: 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 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 fight, Plaintiffs VS. JOHNNY K'S, INC., JOHN KRITIKOS, individually and ffdgo/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 PLAINTIFFS' PRAECIPE TO SETTLE, 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 fight 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 tree and correct copy of Plaintiffs' Praecipe to Settle, Discontinue and End with reference to the foregoing action by first class mail, postage prepaid, this 3t~day of April, 2003 on the following: Joel Cummings c/o Andrew Lehman, Esquire Nealon & Gover, P.C. 2411 North From 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. Clark De~r'el'e'~qmr e ~ 26~0~1